[First Reprint]
SENATE, No. 642
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 5, 1996
By Senators SCHLUTER, MATHEUSSEN and Cafiero
An Act concerning access to motor vehicle records 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. Except as provided in subsection b. of this section, a person who has access to motor vehicle registration records for law enforcement, governmental or business purposes shall not perform a registration plate number check.
b. Registration plate number checks may be performed:
(1) For legitimate governmental or law enforcement purposes at the request of any federal, State or local government agency or any person authorized by such agency; or
(2) When authorized by regulation adopted by the director, with the approval of the 1[Attorney General] Commissioner of Transportation1 pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), for lawful business or private purposes including, but not limited to, credit transactions, the issuance or renewal of policies of insurance, consumer product recalls, the reporting or litigation of claims involving motor vehicles, news reporting by a representative of the news media who holds valid press credentials, or the lawful business needs of persons licensed pursuant to the provisions of the Private Detective Act, P.L.1939, c.369 (C.45:19-8 et seq.).
c. As used in this act, "registration plate number check" means identification by registration plate number of a natural person who is the owner or lessee of a motor vehicle bearing a particular registration plate number and disclosure of the name or address of the natural person. The phrase shall not be construed to prohibit disclosure of information obtained pursuant to subsection b. of this section in a manner consistent with and in furtherance of the purpose for which the information was obtained.
d. 1[Any person who (1) knowingly performs a registration plate number check in violation of the provisions of subsection a. of this section, or (2) fails to exercise due care to determine that a request for a registration plate number check is authorized pursuant to subsection a. of this section, or (3) requests through fraud or misrepresentation a registration plate number check shall be liable to a civil penalty of not more than $2,000. The penalty shall be collected and enforced in summary proceedings pursuant to "the penalty enforcement law," (N.J.S.2A:58-1 et seq.). The action shall commence in the Superior Court in the name of the State upon the complaint of the director or the Attorney General. In addition to the civil penalty imposed pursuant to this subsection, a public officer or employee who knowingly violates subsection a. of this section shall be subject to appropriate disciplinary sanctions] A person who knowingly obtains, discloses or uses personal information from a motor vehicle registration record for a purpose not permitted under this act shall be liable to the individual to whom the information pertains, who may bring a civil action in the Superior Court. The court may award:
(1) Actual damages, but not less than liquidated damages in the amount of $2,500;
(2) Punitive damages upon proof of willful or reckless disregard of the law;
(3) Reasonable attorney fees and other litigation costs reasonably incurred; and
(4) Such other preliminary and equitable relief as the court determines to be appropriate1.
e. A person who has access to registration plate number information pursuant to this section shall report any unauthorized use of such information to the Division of Motor Vehicles.
2. This act shall take effect on the first day of the third month after enactment, except that the Director of the Division of Motor Vehicles may take such anticipatory administrative action in advance as shall be necessary upon enactment for the implementation of this act.
Provides limited confidentiality for certain motor vehicle information.