Bill Text: NJ S476 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits law enforcement personnel to examine account records of E-ZPass customers when the theft of a transponder has been reported.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-02-13 - Withdrawn from Consideration [S476 Detail]
Download: New_Jersey-2012-S476-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator SAMUEL D. THOMPSON
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Permits law enforcement personnel to examine account records of E-ZPass customers when the theft of a transponder has been reported.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain toll monitoring system reports and information and amending P.L.1997, c.59.
Be it enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1997, c.59 (C.27:23-34.3) is amended to read as follows:
8. a. If a violation of the toll collection monitoring system regulations is committed as evidenced by a toll collection monitoring system, the authority or the agent of the authority may send an advisory and payment request within 60 days of the date of the violation to the owner of the vehicle by regular mail at the address of record for that owner with the [Division of Motor Vehicles in the Department of Transportation] New Jersey Motor Vehicle Commission or with any other motor vehicle licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The advisory and payment request shall contain sufficient information to inform the owner of the nature, date, time and location of the alleged violation. The authority or its agent may require as part of the advisory and payment request that the owner pay to the agent the proper toll and a reasonable administrative fee established by the authority and based upon the actual cost of processing and collecting the violation. If the owner fails to pay the required toll and fee within 30 days of the date the advisory and payment request was sent, the owner shall be subject to liability on the 31st day following the date the advisory and payment request was sent for the violation of the toll collection monitoring system regulations by the vehicle operator pursuant to the issuance of a complaint and summons.
b. An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection monitoring system regulations of the authority shall not be liable for the violation of the regulations if the lessor submits to the authority, in a timely manner, a copy of the rental agreement, lease or other contract document covering that vehicle on the date of the violation, with the name and address of the lessee clearly legible to the authority and to the court having jurisdiction over the violation. If the lessor fails to provide the information in a timely manner, the lessor shall be held liable for the violation of the regulations. If the lessor provides the required information to the authority, the lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of sections 6 through 10 of P.L.1997, c.59 (C.27:23-34.1 through C.27:23-34.5) and the toll collection monitoring system regulations and shall be subject to liability for the violation of the regulations.
c. A certified report of an employee or agent of the authority reporting a violation of the toll collection monitoring system regulations and any information obtained from a toll collection monitoring system shall be available for the exclusive use of the authority and any law enforcement official for the purposes of discharging their duties pursuant to sections 6 through 10 of P.L.1997, c.59 (C.27:23-34.1 through C.27:23-34.5) and the toll collection monitoring system regulations and as provided in subsection f. of this section. Any such report or information shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records. The certified reports and information shall not be discoverable as a public record by any person, entity or governmental agency, except as provided in subsection f. of this section, nor shall they be offered in evidence in any civil, criminal or administrative proceeding, not directly related to a violation of the toll collection monitoring system regulations, except as provided in subsection f. of this section. However, in the event that, notwithstanding the provisions of subsection c. of section 7 of this act, a recorded image of the face of the operator or any passenger in a motor vehicle is produced by the toll collection monitoring system, that image shall not be used by the authority for any purpose nor shall the image or any record or copy thereof be transmitted or communicated to any person, governmental, non-governmental, or judicial or administrative entity except as provided in subsection f. of this section.
d. A complaint and summons charging a violation of the toll collection monitoring system regulations shall be on a form prescribed by the Administrative Director of the Courts pursuant to the Rules Governing the Courts of the State of New Jersey. The authority may authorize by regulation an employee or agent to be a complaining witness to make, sign, and initiate complaints and to issue summonses in the name of the authority on behalf of the State of New Jersey, pursuant to the Rules Governing the Courts of the State of New Jersey. The complaints and summonses may be made on information based upon evidence obtained by a toll collection monitoring system, the toll collection monitoring system record and the records of the [Division of Motor Vehicles in the Department of Transportation] New Jersey Motor Vehicle Commission or of any other state, province, or motor vehicle licensing authority.
Service may be made by means provided by the Rules Governing the Courts of the State of New Jersey.
Except as provided in subsection c. of this section, the recorded images produced by a toll collection monitoring system shall be considered an official record kept in the ordinary course of business and shall be admissible in a proceeding for a violation of any toll collection monitoring system regulations.
e. The municipal court of the municipality wherein a toll collection monitoring system record was made shall have jurisdiction to hear violations of the toll collection monitoring system regulations. Violations shall be enforced and penalties collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). A proceeding and a judgment arising therefrom shall be pursued and entered in accordance with the provisions of N.J.S.2B:12-1 et seq. and the Rules Governing the Courts of the State of New Jersey.
In addition to the civil penalty that may be assessed by a court having jurisdiction for a violation of the toll collection monitoring system regulations, a court shall require the defendant to pay the proper toll and shall require the defendant to pay a reasonable administrative fee as determined by the authority. Following collection and distribution of the fees set forth in section 11 of P.L.1953, c.22 (C.22A:3-4), any tolls and administrative fees imposed and collected by the court for a violation of the toll collection monitoring system regulations shall be promptly remitted to the authority by the court. The civil penalty shall be distributed pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
f. When the theft of a vehicle sensor is reported to the authority or to law enforcement officials, the authority shall obtain written consent from the individual authorized to possess that vehicle sensor prior to disclosing or releasing to law enforcement officials any relevant personal account information pertaining to the theft of that person's vehicle sensor, including but not limited to, any record, report, statement, or other document obtained or prepared by the authority, any photograph or image authorized pursuant to sections 6 through 10 of P.L.1997, c.59 (C.27:23-34.1 et seq.), or any other information obtained from a toll collection monitoring system pertaining to the theft of that person's vehicle sensor.
The authority shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt regulations concerning the disclosure or release of account information to law enforcement officials, pertaining to the theft of a vehicle sensor, including but not limited to, any record, report, statement, or other document obtained or prepared by the authority, any photograph or image authorized by P.L. 1997, c. 59 (C.27:23-34.1 et seq.), or any other information obtained from a toll collection monitoring system pertaining to the theft of that person's vehicle sensor.
(cf: P.L.2003, c.79, s.38)
2. Section 13 of P.L.1997, c.59 (C.27:25A-21.3) is amended to read as follows:
13. a. If a violation of the toll collection monitoring system regulations is committed as evidenced by a toll collection monitoring system, the authority or the agent of the authority may send an advisory and payment request within 60 days of the date of the violation to the owner of the vehicle by regular mail at the address of record for that owner with the [Division of Motor Vehicles in the Department of Transportation] New Jersey Motor Vehicle Commission or with any other motor vehicle licensing authority of another jurisdiction, providing the owner with the opportunity to resolve the matter prior to the issuance of a summons and complaint that charges a violation of the toll collection monitoring system regulations. The advisory and payment request shall contain sufficient information to inform the owner of the nature, date, time and location of the alleged violation. The authority or its agent may require as part of the advisory and payment request that the owner pay to the agent the proper toll and a reasonable administrative fee established by the authority and based upon the actual cost of processing and collecting the violation. If the owner fails to pay the required toll and fee within 30 days of the date the advisory and payment request was sent, the owner shall be subject to liability on the 31st day following the date the advisory and payment request was sent for the violation of the toll collection monitoring system regulations by the vehicle operator pursuant to the issuance of a complaint and summons.
b. An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection monitoring system regulations of the authority shall not be liable for the violation of the regulations if the lessor submits to the authority, in a timely manner, a copy of the rental agreement, lease or other contract document covering that vehicle on the date of the violation, with the name and address of the lessee clearly legible to the authority and to the court having jurisdiction over the violation. If the lessor fails to provide the information in a timely manner, the lessor shall be held liable for the violation of the regulations. If the lessor provides the required information to the authority, the lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of sections 11 through 15 of P.L.1997, c.59 (C.27:25A-21.1 through C.27:25A-21.5) and the toll collection monitoring system regulations and shall be subject to liability for the violation of the regulations.
c. A certified report of an employee or agent of the authority reporting a violation of the toll collection monitoring system regulations and any information obtained from a toll collection monitoring system shall be available for the exclusive use of the authority and any law enforcement official for the purposes of discharging their duties pursuant to sections 11 through 15 of P.L.1997, c.59 (C.27:25A-21.1 through C.27:25A-21.5) and the toll collection monitoring system regulations and as provided in subsection f. of this section. Any such report or information shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to public records. The certified reports and information shall not be discoverable as a public record by any person, entity or governmental agency, except as provided in subsection f. of this section, nor shall they be offered in evidence in any civil, criminal or administrative proceeding, not directly related to a violation of the toll collection monitoring system regulations, except as provided in subsection f. of this section. However, in the event that, notwithstanding the provisions of subsection c. of section 12 of this act, a recorded image of the face of the operator or any passenger in a motor vehicle is produced by the toll collection monitoring system, that image shall not be used by the authority for any purpose nor shall the image or any record or copy thereof be transmitted or communicated to any person, governmental, non-governmental or judicial or administrative entity except as provided in subsection f. of this section.
d. A complaint and summons charging a violation of the toll collection monitoring system regulations shall be on a form prescribed by the Administrative Director of the Courts pursuant to the Rules Governing the Courts of the State of New Jersey. The authority may authorize by regulation an employee or agent to be a complaining witness to make, sign, and initiate complaints and to issue summonses in the name of the authority on behalf of the State of New Jersey, pursuant to the Rules Governing the Courts of the State of New Jersey. The complaints and summonses may be made on information based upon evidence obtained by a toll collection monitoring system, the toll collection monitoring system record and the records of the [Division of Motor Vehicles in the Department of Transportation] New Jersey Motor Vehicle Commission or of any other state, province, or motor vehicle licensing authority.
Service may be made by means provided by the Rules Governing the Courts of the State of New Jersey.
Except as provided in subsection c. of this section, the recorded images produced by a toll collection monitoring system shall be considered an official record kept in the ordinary course of business and shall be admissible in a proceeding for a violation of any toll collection monitoring system regulations.
e. The municipal court of the municipality wherein a toll collection monitoring system record was made shall have jurisdiction to hear violations of the toll collection monitoring system regulations. Violations shall be enforced and penalties collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). A proceeding and a judgment arising therefrom shall be pursued and entered in accordance with the provisions of N.J.S.2B:12-1 et seq. and the Rules Governing the Courts of the State of New Jersey.
In addition to the civil penalty that may be assessed by a court having jurisdiction for a violation of the toll collection monitoring system regulations, a court shall require the defendant to pay the proper toll and shall require the defendant to pay a reasonable administrative fee as established by the authority. Following collection and distribution of the fees set forth in section 11 of P.L.1953, c.22 (C.22A:3-4), any tolls and administrative fees imposed and collected by the court for a violation of the toll collection monitoring system regulations shall be promptly remitted to the authority by the court. The civil penalty shall be distributed pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
f. When the theft of a vehicle sensor is reported to the authority or to law enforcement officials, the authority shall obtain written consent from the individual authorized to possess that vehicle sensor prior to disclosing or releasing to law enforcement officials any relevant personal account information pertaining to the theft of that person's vehicle sensor, including but not limited to, any record, report, statement, or other document obtained or prepared by the authority, any photograph or image authorized pursuant to sections 11 through 15 of P.L.1997, c.59 (C.27:25A-21.1 et seq.), or any other information obtained from a toll collection monitoring system pertaining to the theft of that person's vehicle sensor.
The authority shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt regulations concerning the disclosure or release of account information to law enforcement officials, pertaining to the theft of a vehicle sensor, including but not limited to, any record, report, statement, or other document obtained or prepared by the authority, any photograph or image authorized by P.L.1997, c.59 (C.27:23-34.1 et seq.), or any other information obtained from a toll collection monitoring system pertaining to the theft of that person's vehicle sensor.
(cf: P.L.2003, c.79, s.48)
3. This act shall take effect immediately.
STATEMENT
This bill would require that when a vehicle sensor (E-ZPass transponder) is reported stolen to either the New Jersey Turnpike Authority, the South Jersey Transportation Authority or law enforcement officials, written consent from the individual authorized to possess that vehicle sensor shall be obtained by the authority prior to disclosing or releasing to law enforcement officials any relevant personal account information pertaining to the theft of that person's vehicle sensor, including but not limited to, any record, report, statement, or other document obtained or prepared by the authority, any authorized photograph or image, including that of the operator of the vehicle if taken by the toll collection monitoring system, or any other information obtained from a toll collection monitoring system.
The bill also requires that the New Jersey Turnpike Authority and the South Jersey Transportation Authority adopt regulations concerning the disclosure or release of account information to law enforcement officials in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
This bill amends the current law which prohibits any person, entity, or government agency from obtaining authority reports regarding violations of the toll collection monitoring system regulations and which prohibits such records from being used in civil, criminal or administrative proceedings unrelated to the violations of the toll collection monitoring system regulations.
