2016 -- H 7171

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LC003652

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRONIC VEHICLE RECOVERY

SERVICES

     Introduced By: Representatives Tobon, Abney, Barros, Solomon, and Melo

     Date Introduced: January 14, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 2.2

ELECTRONIC VEHICLE RECOVERY SERVICES

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

Vehicle Recovery Services Act."

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

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

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

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

     (b) Upon the filing of a report of a stolen motor vehicle and submission of an affidavit

from the owner of the vehicle requesting that the law enforcement agency contact the provider of

the vehicle's electronic recovery services, the service provider upon receipt of notice from the law

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

enforcement agency may use the electronic vehicle recovery services to attempt to recover the

vehicle.

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

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

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

periodic subscription fee charged by the system provider.

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

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

recovery services at the request of the owner.

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

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

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

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

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

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

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

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

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

enforcement agencies upon request.

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

affidavit attesting to the theft of their motor vehicle prior to law enforcement contacting the

recovery service provider for assistance in locating the vehicle.

     This act would take effect upon passage.

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