Bill > A4743

Introduced Session

This bill creates two categories of basic driver's licenses, motorcycle licenses, probationary licenses, and non-driver identification cards (hereinafter referred to collectively as licenses and identification cards). Under the bill, a person may apply for a standard license or identification card or a REAL ID license or identification card. A REAL ID license or identification card is to comply with the provisions of the federal "REAL ID Act of 2005," any amendatory or supplementary acts, and any federal regulations adopted thereunder. Under the bill, the fee for a REAL ID license or identification card is greater than the fee for a standard license or identification card. The bill allows a New Jersey resident who meets requirements for the issuance of a license or identification, but who is unable to prove lawful presence in the United States to receive a standard license or identification card if the person provides satisfactory proof of identity and age, two documents providing proof of New Jersey residency, and proof of the person's social security number. If the person applying for a standard license or identification card does not have a social security number, the person is required to indicate, in a manner prescribed by the New Jersey Motor Vehicle Commission (MVC), that the person is not eligible to receive a social security number. In addition to requiring an applicant to submit satisfactory proof of identity and age, an applicant for a REAL ID license or identification card is required to submit two documents providing satisfactory proof of New Jersey residency, proof of the applicant's social security number or verification of ineligibility for a social security number in accordance with the "REAL ID Act of 2005," and proof that the applicant's presence in the United States is authorized under federal law. The bill requires a standard license or identification card to indicate that the license or identification card is not to be accepted as identification for an official federal purpose and is to bear a unique design or color to indicate that the license or identification card is not to be accepted for an official federal purpose. An official federal purpose includes but is not limited to accessing federal facilities, boarding federally regulated commercial aircraft, and entering nuclear power plants. The bill removes the requirement that an applicant for an examination permit or special learner's permit provide proof of lawful presence in the country and, instead, requires an applicant for an examination permit or special learner's permit to provide two documents providing satisfactory proof of residency in New Jersey. However, an applicant for a commercial driver license permit is required to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law and proof of the applicant's social security number. Under the bill, any documents and personal information obtained by the MVC from an applicant for a standard license or identification card is confidential, is not to be considered a government record, and is not to be disclosed by the MVC for the purpose of investigation, arrest, citation, prosecution, or detention related to an applicant's citizenship or immigration status without the consent of the applicant or without a court order or subpoena. However, the MVC is not to be restricted, prohibited, or prevented from maintaining, or sending to or receiving from federal immigration authorities information regarding citizenship or immigration status, lawful or unlawful, of any individual pursuant to certain provisions of federal law. A person that knowingly discloses any documents or personal information that violates this provision is guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by up to 18 months imprisonment and a maximum fine of $10,000. The bill provides that possession of a standard license or identification card is not to be considered evidence of an individual's citizenship or immigration status and is not to be used as a basis for an investigation, arrest, citation, prosecution, or detention. Under the bill, the chief administrator may waive the fee imposed for a duplicate license and identification card if the applicant, at the time of application: (1) is applying for a REAL ID license or REAL ID identification card; (2) currently holds a valid license to operate a motor vehicle or identification card issued by the MVC; and (3) is not eligible to renew the applicant's current license or identification card. The chief administrator's authority to waive the duplicate fee expires on October 1, 2020. An applicant for a REAL ID license or REAL ID identification card is required to surrender to the MVC the applicant's current license or identification card. The bill provides that the holder of a standard license or identification card is to have the opportunity to obtain employment, accommodation, publicly assisted housing accommodation in which the person meets all qualifications for receipt of the publicly assisted housing accommodation under State or federal law, and other real property without discrimination by reason of holding or presenting a standard license or identification card. However, this provision does not alter an employer's rights and obligations to obtain documentation evidencing identity and authorization for employment in accordance with certain provisions of federal law and an action taken by an employer that is required by a certain provision of federal law does not constitute a violation of this nondiscrimination provision. Under the bill, no insurance underwriting rule is to operate in a way that assigns risk to a rating plan on the basis of the insured holding a standard license. The bill provides that an application for a driver's license or a renewal of a driver's license is to contain the street address of the applicant's residence at the time of application or renewal and is no longer permitted to contain the applicant's business address. The bill permits the MVC to increase certain driver's license and endorsement fees by regulation including fees for issuance of a standard motorcycle license or endorsement, REAL ID motorcycle license, omnibus or school bus endorsement, standard basic driver's license, or REAL ID basic driver's license. The bill also requires that the written knowledge examination for a basic driver's license or validated permit be made available in English and each of the three languages most commonly spoken in New Jersey, other than English. The bill also requires the Chief Administrator of the MVC to publish the driver's manual on the MVC's website in English and each of the three languages, other than English, most commonly spoken in New Jersey. The chief administrator is required to periodically, but at least every five years, verify the three languages, other than English, most commonly spoken in New Jersey. The bill requires the Chief Administrator of the MVC to establish a 24 month public awareness campaign to inform the public about the availability of and the requirements to obtain a standard and REAL ID license or identification card. The bill creates the "Standard and REAL ID Driver License and Identification Card Advisory Board" to review the MVC's implementation of the provisions of the bill and the issuance of standard and REAL ID licenses and identification cards. The advisory board is also to provide guidance to the MVC concerning public awareness and education of the differences between the standard and REAL ID licenses and identification cards and how to obtain standard and REAL ID licenses and identification cards. The advisory board is required to report to the Governor and Legislature its findings and recommendations no later than 12 months following the effective date of the bill. The advisory board terminates upon the submission of the report. It is the sponsor's intent to improve roadway safety and Statewide automobile insurance coverage by making driver's licenses and permits available to any safe driver who meets all of the requirements relating to the driver's ability to safely operate a motor vehicle pursuant to State statute and regulations, and who provides proof of identity, qualifying age, and New Jersey residency in accordance with the terms of the bill.

AI Summary

Committee Categories

Nilsa Cruz-Perez (D)*,  Joe Cryan (D)*,  Joe Danielsen (D)*,  Nia Gill (D)*,  Gordon Johnson (D)*,  Raj Mukherji (D)*,  Nellie Pou (D)*,  Annette Quijano (D)*,  Teresa Ruiz (D)*,  Gary Schaer (D)*,  Valerie Vainieri Huttle (D)*,  Joe Vitale (D)*,  Clinton Calabrese (D),  Ralph Caputo (D),  Linda Carter (D),  Annette Chaparro (D),  Nicholas Chiaravalloti (D),  Sandra Cunningham (D),  Patrick Diegnan (D),  Thomas Giblin (D),  Mila Jasey (D),  Angelica Jimenez (D),  Patricia Jones (D),  Robert Karabinchak (D),  Jim Kennedy (D),  Pam Lampitt (D),  Yvonne Lopez (D),  John McKeon (D),  Angela Mcknight (D),  Pedro Mejia (D),  Carol Murphy (D),  Nancy Pinkin (D),  Eliana Pintor Marin (D),  Verlina Reynolds-Jackson (D),  Nicholas Sacco (D),  Bill Spearman (D),  Shanique Speight (D),  Brian Stack (D),  Shavonda Sumter (D),  Britnee Timberlake (D),  Cleopatra Tucker (D),  Loretta Weinberg (D),  Benjie Wimberly (D),  Andrew Zwicker (D), 

Approved P.L.2019, c.271. (on 12/19/2019)