Bill Text: NJ A3758 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires MVC to issue electronic driver's licenses and identification cards upon request; allows operators of motor vehicles to display electronic driver's license.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-05-02 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A3758 Detail]
Download: New_Jersey-2022-A3758-Introduced.html
Sponsored by:
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
Requires MVC to issue electronic driver's licenses and identification cards upon request; allows operators of motor vehicles to display electronic driver's license.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning driver's licenses and identification cards, supplementing Title 39 of the Revised Statutes, and amending R.S.39:3-29 and P.L.1972, c.200.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) A holder of a driver's license issued by the New Jersey Motor Vehicle Commission, or an applicant for a driver's license issued by the commission, that meets all of the requirements for issuance of a driver's license may request, and the commission shall issue, an electronic driver's license to the holder or applicant.
The commission may charge and collect a reasonable fee for the issuance of an electronic driver's license and shall retain such fee in accordance with subsection b. of section 105 of P.L.2003, c.13 (C.39:2A-36).
2. R.S.39:3-29 is amended to read as follows:
39:3-29. The driver's license, the registration certificate of a motor vehicle, and an insurance identification card shall be in the possession of the driver or operator at all times when the driver or operator is in charge of a motor vehicle on the highways of this State.
The driver or operator shall exhibit the driver or operator's driver's license and an insurance identification card, and the holder of a registration certificate or the operator or driver of a motor vehicle for which a registration certificate has been issued, whether or not the holder, driver or operator is a resident of this State, shall also exhibit the registration certificate, when requested so to do by a police officer or judge, while in the performance of the duties of their office, and shall write the driver or operator's name in the presence of the officer, so that the officer may thereby determine the identity of the licensee and at the same time determine the correctness of the registration certificate, as it relates to the registration number and number plates of the motor vehicle for which it was issued; and the correctness of the evidence of a policy of insurance, as it relates to the coverage of the motor vehicle for which it was issued.
The driver's license, registration certificate, or insurance identification card may be displayed or provided in either paper or electronic form. For the purposes of this section, "electronic form" means the display of images on an electronic device, such as a cellular telephone, tablet, or computer.
The use of a cellular telephone, tablet, computer, or any other electronic device to display the driver's license or proof of registration or insurance does not constitute consent for a police officer or judge to access any other contents on the device. Any police officer or judge presented with an electronic device pursuant to this section shall be immune from any liability resulting from damage to the device.
Any person violating this section shall be subject to a fine of $150, except that if the person is a driver or operator of an omnibus, as defined pursuant to R.S.39:1-1, the amount of the fine shall be $250. Of the amount of any such fine collected pursuant to this paragraph, $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L.1983, c.141 (C.39:6B-3).
If a person charged with a violation of this section can exhibit the person's driver's license, insurance identification card, and registration certificate, which were valid on the day the person was charged, to the judge of the municipal court before whom the person is summoned to answer to the charge, such judge may dismiss the charge. However, the judge may impose court costs.
In addition to and independent of any fine or other penalty provided for under law, the court shall impose a fine of $150 on any driver or operator of an omnibus, convicted of a violation of this section, who does not have a certificate of public convenience and necessity as required pursuant to R.S.48:4-3. The State Treasurer shall annually deposit the monies collected from the fines imposed pursuant to this paragraph to the "Omnibus Safety Enforcement Fund" established pursuant to section 4 of P.L.2007, c.40 (C.39:3-79.23). The fine described herein shall not be deemed a fine, penalty, or forfeiture pursuant to R.S.39:5-41.
(cf: P.L.2021 c.258, s.2)
3. Section 2 of P.L.1972, c.200 (C.39:3-29.1) is amended to read as follows:
2. a. The Chief Administrator of the New Jersey Motor Vehicle Commission may promulgate rules and regulations concerning the issuance, design, and content of the registration certificates required by this act.
The commission may take any actions necessary to deter and detect counterfeit or fraudulent registration certificates and to provide for an electronic form for the display of registration certificates as provided in R.S.39:3-29.
b. The Commissioner of Banking and Insurance shall, after consultation with the New Jersey Motor Vehicle Commission, promulgate rules and regulations concerning the issuance, design, and content of the insurance identification cards required by this act.
The rules and regulations shall:
(1) contain provisions designed to deter and detect counterfeit or fraudulent insurance identification cards; and
(2) provide for an electronic form for the display of insurance identification cards as provided in R.S.39:3-29.
c. The Chief Administrator of the New Jersey Motor Vehicle Commission may promulgate rules and regulations concerning the issuance, design, and content of electronic driver's licenses required pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
The commission may take any actions necessary to deter and detect counterfeit or fraudulent electronic driver's licenses and to provide for an electronic form for the display of driver's licenses as provided in R.S.39:3-29.
(cf: P.L.2021, c.258, s.3)
4. (New section) A holder of an identification card issued by the New Jersey Motor Vehicle Commission, or an applicant for an identification card issued by the commission, that meets all of the requirements for issuance of an identification card may request, and the commission shall issue, an electronic identification card to the holder or applicant.
The commission may charge and collect a reasonable fee for the issuance of an electronic identification card and shall retain such fee in accordance with subsection b. of section 105 of P.L.2003, c.13 (C.39:2A-36).
The Chief Administrator of the New Jersey Motor Vehicle Commission may promulgate rules and regulations concerning the issuance, design, and content of electronic identification cards.
The commission may take any actions necessary to deter and detect counterfeit or fraudulent electronic identification cards and to provide for an electronic form for the display of identification cards as provided in this section.
5. This act shall take effect on the first day of the 18th month following enactment, but the Chief Administrator of the New Jersey Motor Vehicle Commission may take any anticipatory acts in advance of that date as may be necessary for the timely implementation of this act.
STATEMENT
This bill authorizes operators of motor vehicles to provide a driver's license electronically. The bill also authorizes the holder of or an applicant for a driver's license or identification card issued by the New Jersey Motor Vehicle Commission (MVC) to request the issuance of an electronic driver's license or identification and requires the MVC to issue these electronic documents. The MVC may charge and collect a reasonable fee for the issuance of electronic driver's licenses and identification cards.
The bill authorizes the Chief Administrator of the MVC to promulgate rules and regulations concerning the issuance, design, and content of electronic driver's licenses and electronic identification cards. The commission is authorized to deter and detect counterfeit or fraudulent electronic driver's licenses and identification cards and to provide for an electronic form for the display of driver's licenses and identification cards.
