2015 -- H 6194

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LC002624

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRONIC VEHICLE RECOVERY

SERVICES

     

     Introduced By: Representatives Tobon, Blazejewski, Nardolillo, Filippi, and Barros

     Date Introduced: May 13, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

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VEHICLES" is hereby amended by adding thereto the following chapter:

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CHAPTER 2.2

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ELECTRONIC VEHICLE RECOVERY SERVICES

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     31-2.2-1. Short title. – This chapter shall be known and may be cited as the "electronic

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vehicle recovery services act."

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     31-2.2-2. Electronic vehicle recovery services. – (a) Definitions. For the purposes of

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this chapter, "electronic vehicle recovery service" is any aftermarket or factory installed vehicle

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tracking system that allows vehicles, with the knowledge and consent of the owner, to be tracked

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by law enforcement, the purpose of which is to recover vehicles in the event of theft.

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     (b) Notwithstanding any provision of the general or public laws to the contrary, upon the

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filing of a report of a stolen motor vehicle and submission of an affidavit from the owner of the

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vehicle requesting that the law enforcement agency contact the provider of the vehicle's electronic

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recovery services, the service provider upon receipt of notice from the law enforcement agency

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shall activate the vehicle's electronic recovery services in order that the law enforcement agency

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may use the electronic vehicle recovery services to attempt to recover the vehicle.

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     (c) If a vehicle is equipped with an electronic recovery system that has not been activated

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at the time it is stolen, an electronic vehicle recovery service provider may at the request of the

 

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owner activate the system upon payment by the vehicle owner to the provider of the standard

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periodic subscription fee charged by the system provider.

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     (d) Nothing in this section prohibits an electronic vehicle recovery service provider from

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establishing protocols by which the provider can voluntarily activate the electronic vehicle

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recovery services at the request of the owner.

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     (e) All electronic vehicle recovery service providers registered to do business in the state

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of Rhode Island or submitting to the jurisdiction thereof and all resellers of electronic vehicle

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recovery services shall submit their emergency contact information to the Rhode Island division

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of public safety's E-911 unit in order to facilitate requests from law enforcement agencies in

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accordance with this section. This contact information must be submitted annually on or before

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June 1 of each year or immediately upon any change in said contact information.

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     (f) The Rhode Island division of public safety's E-911 unit shall maintain a database

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containing emergency contact information for all service providers registered to do business in

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this state and shall make the information immediately available to all public safety agencies and

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or law enforcement agencies upon request.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRONIC VEHICLE RECOVERY

SERVICES

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     This act would create the "electronic vehicle recovery services act" which would require

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that vehicle owners with electronic vehicle recovery systems in their vehicles submit an affidavit

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attesting to the theft of the vehicle prior to law enforcement contacting the recovery service

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provider for assistance in locating the vehicle. It would also provide that an electronic recovery

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service provider could upon payment, activate any recovery system in the vehicle subsequent to

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the theft of the vehicle and would require that all such recovery service providers provide their

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emergency contact information to the state's E-911 unit which in turn would be required to

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maintain a database of all such information.

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     This act would take effect upon passage.

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