ASSEMBLY, No. 4425

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED MAY 11, 2015

 


 

Sponsored by:

Assemblywoman† ANNETTE QUIJANO

District 20 (Union)

Assemblyman† REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblyman† RAJ MUKHERJI

District 33 (Hudson)

Assemblyman† GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblyman† GORDON M. JOHNSON

District 37 (Bergen)

Assemblywoman† VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

Co-Sponsored by:

Assemblywomen Spencer, Muoio, Jasey and Pinkin

 

 

 

SYNOPSIS

†††† Establishes driverís license for residents who cannot prove lawful presence in US.

 

CURRENT VERSION OF TEXT

†††† As introduced.

 


An Act concerning driverís licenses and supplementing chapter 3 of Title 39 of the Revised Statutes.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.† a. †The Motor Vehicle Commission shall issue a driverís license to a person who satisfies the requirements for the issuance of a basic driver's license but cannot provide proof of lawful presence in the United States.

†††† b. †Each applicant for a driverís license pursuant to the provisions of this act shall be required to submit to the commission, upon request, proof of identity, date of birth, and residence in the State of New Jersey.† If the applicant has been issued a social security number, the applicant shall provide it to the commission.

†††† The chief administrator shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations establishing the documentation necessary to prove an applicantís identity, date of birth, and residency.† The documents may include, but not be limited to, an original or certified copy of the following documents or combination of documents, as determined by the chief administrator:

†††† (1)†† a valid, unexpired consular identification document issued by a consulate from the applicantís country of citizenship, a valid, unexpired passport from the applicantís country of citizenship, a drivers license or identification card issued by another state or a municipality, a United States military identification document, a foreign driverís license, a foreign federal electoral photo card, a document issued by the Department of Homeland Security or a court, a student identification document, a marriage license or divorce certificate, or other proof of identity, as designated by the chief administrator.† The documents may be expired if they are presented with other acceptable proof of identity;

†††† (2)†† an original birth certificate, adoption records, an official school or college transcript that includes the applicantís date of birth, a foreign school record that includes a photograph of the applicant at the age the record was issued, or other proof of age, as designated by the chief administrator;

†††† (3)†† a home utility bill, lease or rental agreement, a property tax bill or statement issued within the previous 12 months, an income tax return, a deed or title to real property, or other proof of New Jersey residence, as designated by the chief administrator.

†††† Applicants who are unable to provide the documents listed in paragraphs (1) through (3) of this subsection, but who are able to provide alternative documents shall be subject to a secondary review to determine whether the applicant has presented sufficient information to verify his identity, age, and residence in this State.

†††† c.† A person applying for a driverís license under the provisions of this act is required to pay all fees applicable for the issuance of a basic driverís license.† The commission may charge the applicant an additional fee, not to exceed $50 per driverís license, to offset the administrative costs associated with the production and distribution of driverís licenses issued pursuant to this act.† This administrative fee may be assessed by the commission only until the first day of the 36th month following the effective date of this act, at which time the additional fee shall expire and a driverís license issued under this act shall be subject to the same fees applicable to the issuance of a basic driverís license.

†††† d.† Any person applying for a driverís license under this act who provides false documentation or who knowingly makes a false statement on an application for the purpose of obtaining a driverís license shall be guilty of falsifying government records pursuant to N.J.S.2C:21-4.

 

†††† 2.† a.† A driverís license issued under this act shall be valid for four years from the date of issuance.† While the license is valid, the holder shall have the same privileges and shall be bound by the same legal responsibilities with respect to the operation of a motor vehicle as the holder of a basic driver's license issued pursuant to this chapter.

†††† b.† It shall be an unlawful discrimination violation for any person to discriminate, pursuant to the provisions of paragraph (1) of subsection f. of section 11 of P.L.1945, c.169 (C.10:5-12), against an individual based upon the fact that the individual holds or presents a driverís license issued under this act.†

†††† c.† Any public official who discriminates against an individual who holds or presents a driverís license issued under this act shall be guilty of a crime of official deprivation of civil rights under section 2 of P.L.2003, c.31 (C.2C:30-6).

 

†††† 3.††† a. The Chief Administrator of the Motor Vehicle Commission shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations concerning the form and design of the driverís license issued pursuant to this act and any other regulations necessary for the effective implementation of this act.† The regulations shall require that each driverís license issued pursuant to this act include a digitized picture of the person to whom the card was issued and meet the applicable requirements for construction of driver's licenses in section 3 of P.L.1979, c.261 (C.39:3-10h).† The regulations also shall require that the driverís license issued pursuant to this act contain a statement on the front of the driverís license substantially similar to the following and in the smallest font size contained on the license:† ďFederal Limits May Apply.Ē

†††† b.† Any personal information collected by the commission from an applicant for a driverís license pursuant to the provisions of this act is subject to the same disclosure restrictions that apply to personal information collected from applicants for driverís licenses.† In addition, this information shall not be considered a public record and notwithstanding the provisions of section 2 of P.L.1997, c.188 (C.39:2-3.4), shall not be disclosed to any federal, State, or local governmental entity without probable cause or a valid warrant.

†††† c.† A driverís license issued pursuant to this act shall not be considered evidence of an individualís citizenship or immigration status and shall not be used as a basis for an investigation, arrest, citation, or detention.

†††† d.††† On the first day of the 48th month following the effective date of this act, the Chief Administrator of the Motor Vehicle Commission shall submit to the Governor and the Legislature a report evaluating the effectiveness of the issuance of the driverís licenses issued pursuant to this act. †The report shall provide data on the number of convictions for violations of subsections b. and c. of section 2 of P.L.† , c.††† (C.††††††† ) (pending before the Legislature as this bill) and subsection d. of section 1 of P.L.† ††, c.††† (C.††††††† ) (pending before the Legislature as this bill). Information pertaining to the identity of any specific individual shall not be provided in the report.

 

†††† 4.† The Chief Administrator of the Motor Vehicle Commission shall establish and conduct a public education campaign to inform the public about the availability of driverís licenses issued pursuant to this act and the requirements for obtaining such a license.

 

†††† 5.† This act shall take effect on the first day of the seventh month following enactment, but the Chief Administrator of the Motor Vehicle Commission may take such administrative action in advance of the effective date as may be necessary.

 

 

STATEMENT

 

†††† This bill establishes driverís licenses for New Jersey residents who cannot prove lawful presence in the United States.

†††† Specifically, under the provisions of this bill, the Motor Vehicle Commission (MVC) is required to issue a driverís license to a person who satisfies the requirements for the issuance of a basic driverís license but cannot prove lawful presence in the United States.

†††† Under the bill, each applicant is required to submit to the MVC proof of identity, date of birth, and residency in this State.† The bill specifies certain documents that the chief administrator may accept, in addition to any other documents determined to be appropriate by the chief administrator. †The bill provides that applicants who are unable to provide the listed documents, but who are able to provide alternative documents, are to be subject to a secondary review to determine whether the applicant has presented sufficient evidence.

†††† A person applying for this driverís license is required to pay all fees applicable to the issuance of a basic driverís license and the commission may charge an additional fee, not to exceed $50 per license, to offset administrative costs associated with the production and distribution of the driverís license.† This fee is to expire 36 months after the effective date of the bill. †Under the bill, the driverís license is valid for four years.

†††† The bill provides that the commission is required to adopt regulations concerning the form and design of the driverís license, which is to include a digitized picture of the person to whom the card was issued and a statement on the front of the driverís license substantially similar to the following and in the smallest font size contained on the license ďFederal Limits May Apply.Ē

†††† Any personal information collected from the commission is subject to the same disclosure restrictions that apply to personal information collected from applicants for driverís licenses.† In addition, this information is not to be considered a public record and is not to be disclosed to any federal, State, or local governmental entity without probable cause or a valid warrant. †The bill also provides that a driverís license issued under the provisions of the bill is not to be considered evidence of an individualís citizenship or immigration status and is not to be used as a basis for an investigation, arrest, citation, or detention.

†††† In addition, under the provisions of this bill, is it an unlawful discrimination violation for any person, pursuant to the provisions of section 11 of P.L.1945, c.169 (C.10:5-12), to discriminate against an individual based upon the fact that the individual holds or presents a driverís license issued under this bill.† In addition, any public official who discriminates against a person who holds or presents a driverís license issued under this bill is guilty of the crime of official deprivation of civil rights.† The bill also provides that an applicant for a driverís license who provides false documentation or who knowingly makes a false statement on an application for the purpose of obtaining this driverís license is guilty of falsifying government records.

†††† The bill requires the chief administrator to submit a report to the Governor and the Legislature evaluating the effectiveness of the issuance of driverís licenses under this bill.† Finally, under the provisions of the bill, the chief administrator is required to establish and conduct a public education campaign to inform the public about the availability of the driverís license issued under this bill and the requirements for obtaining such a license.