Bill Text: NJ A4774 | 2024-2025 | Regular Session | Introduced
Bill Title: "Enhanced ID Act"; requires MVC to create and issue enhanced driver's licenses and enhanced non-driver identification cards.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-09-19 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A4774 Detail]
Download: New_Jersey-2024-A4774-Introduced.html
Sponsored by:
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
Assemblyman GREGORY E. MYHRE
District 9 (Ocean)
SYNOPSIS
"Enhanced ID Act"; requires MVC to create and issue enhanced driver's licenses and enhanced non-driver identification cards.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring the New Jersey Motor Vehicle Commission to create and issue enhanced driver's licenses and enhanced non-driver identification cards to New Jersey residents and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Enhanced ID Act."
2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Commission" means the New Jersey Motor Vehicle Commission.
"Enhanced driver's license" means a driver's license issued by the New Jersey Motor Vehicle Commission that meets applicable federal standards and includes technology and security features approved by the United States Department of Homeland Security for land and sea border crossings of Canada, Mexico, or the Caribbean and that may be used in the same manner as a standard basic driver's license.
"Enhanced non-driver identification card" means a non-driver identification card issued by the New Jersey Motor Vehicle Commission that meets applicable federal standards and includes technology and security features approved by the United States Department of Homeland Security for land and sea border crossings of Canada, Mexico, or the Caribbean and that may be used in the same manner as a standard non-driver identification card.
"Resident" means a person who resides in this State.
"Residence address" means the location that is a person's legal residence.
"Standard basic driver's license" means a license issued by the New Jersey Motor Vehicle Commission pursuant to R.S.39:3-10.
"Standard non-driver identification card" means a non-driver identification card issued by the New Jersey Motor Vehicle Commission pursuant to section 2 of P.L.1980, c.47 (C.39:3-29.3).
3. a. The New Jersey Motor Vehicle Commission shall develop and implement a program for the issuance of enhanced driver's licenses and enhanced non-driver identification cards to residents of the State of New Jersey.
b. Enhanced driver's licenses and enhanced non-driver identification cards shall be issued in compliance with applicable federal regulations and shall include, at a minimum:
(1) a machine-readable barcode;
(2) reasonable security measures to protect against the unauthorized access to, or disclosure of, any personal information contained in the enhanced driver's license or enhanced non-driver identification card, including, but not limited to, radio frequency identification technology that is linked to a randomly assigned number, which shall be encrypted if directed by the United States Department of Homeland Security, and which does not include biometric data or similar technology;
(3) security features to prevent unauthorized duplication or counterfeiting; and
(4) personal identifying information, including, but not limited to, the applicant's photograph, full legal name, date of birth, gender, address, and signature.
c. An applicant who applies for an enhanced driver's license or enhanced non-driver identification card shall provide all of the following items to the chief administrator in the manner prescribed by the chief administrator:
(1) a completed application indicating: the applicant's full legal name, including any legal name change resulting from the applicant's adoption, marriage, or divorce, or from a court order; date of birth; residence address; height; gender; eye color; Social Security number; signature; and if applicable, the applicant's intention to be an organ donor;
(2) documentation demonstrating: the applicant's United States citizenship; full legal name, including any legal name change resulting from the applicant's adoption, marriage, or divorce, or from a court order; date of birth; residence address; and Social Security number;
(3) a photographic identification document;
(4) the applicant's signed declaration acknowledging that the radio frequency identification technology may be used with the enhanced driver's license or enhanced non-driver identification card;
(5) the applicant's signed certification that the information presented by the applicant is true and correct to the best of the applicant's knowledge; and
(6) the payment of an application fee of not more than $30.
d. The chief administrator shall examine and verify the genuineness, regularity, and legality of every application and other documentation submitted to the chief administrator for an enhanced driver's license or enhanced non-driver identification card and, as the chief administrator considers necessary, may investigate any such application or require the submission of additional information. The chief administrator shall reject any application in which the chief administrator is not satisfied of the genuineness, regularity, and legality of the application or supporting documentation, or the truth of any statement contained in the application or supporting documentation, or for any other reason authorized by law.
e. An applicant who applies for an enhanced driver's license or enhanced non-driver identification card shall have his or her facial image and signature captured or reproduced by the chief administrator at the time of application. The applicant's facial image or signature may be made available by the commission and used as follows:
(1) by a federal, state, or local government agency for any law enforcement purpose authorized by law;
(2) by another state to the extent required by federal law;
(3) by the chief administrator for any purpose specifically authorized by law;
(4) by the chief administrator when the individual's facial image or signature is required by the Division of State Police in the Department of Law and Public Safety;
(5) for any other purpose, as determined by the chief administrator, if the applicant provides written authorization for the release of such facial image or signature; and
(6) as otherwise required by law.
f. The chief administrator shall retain copies or digital images of all documents provided by an applicant pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). The chief administrator may disclose copies or digital images of documents retained under P.L. , c. (C. ) (pending before the Legislature as this bill) to a federal, state, or local government agency for any law enforcement purpose authorized by law. Except as otherwise provided in P.L. , c. (C. ) (pending before the Legislature as this bill), copies or digital images of documents retained under P.L. , c. (C. ) (pending before the Legislature as this bill) are exempt from disclosure under the "Open Public Records Act," P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented.
4. The Chief Administrator of the New Jersey Motor Vehicle Commission may enter into a memorandum of understanding with any federal agency for the purpose of obtaining approval for the issuance of enhanced driver's licenses and enhanced non-driver identification cards as proof of identity and citizenship for persons entering the United States at land and sea ports.
5. The requirements of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be in addition to the requirements otherwise imposed on individuals who apply for a standard driver's license or standard non-driver identification card.
6. a. The renewal fee for an enhanced driver's license or enhanced non-driver identification card renewed under P.L. , c. (C. ) (pending before the Legislature as this bill) shall be not more than $15. If an enhanced driver's license or enhanced non-driver identification card is expired at the time of renewal, the fee shall be the same as the application fee provided in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The chief administrator may assess a fee for issuing a duplicate or corrected enhanced driver's license or enhanced non-driver identification card in an amount deemed reasonable by the chief administrator.
7. The chief administrator shall expend monies collected pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to pay the necessary expenses incurred in the administration and enforcement of P.L. , c. (C. ) (pending before the Legislature as this bill).
8. A person who makes a false certification or statement in an application for an enhanced driver's license or enhanced non-driver identification card is guilty of a crime of the third degree.
9. This act shall take effect on the first day of the 12th month next following enactment, except that the Chief Administrator of the New Jersey Motor Vehicle Commission may take any anticipatory administrative action in advance as shall be necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).
STATEMENT
This bill requires the New Jersey Motor Vehicle Commission (commission) to develop and implement a program for the issuance of enhanced driver's licenses and enhanced non-driver identification cards to residents of the State of New Jersey, which identification are to serve as proof of identity and citizenship for persons entering the United States at land and sea ports.
The bill requires the enhanced driver's licenses and enhanced non-driver identification cards to be issued in compliance with applicable federal regulations and to include, at a minimum: (1) a machine-readable barcode; (2) reasonable security measures to protect against the unauthorized access to or disclosure of any personal information contained in the enhanced driver's license or enhanced non-driver identification card, including, but not limited to, radio frequency identification technology; (3) security features to prevent unauthorized duplication or counterfeiting; and (4) personal identifying information, including, but not limited to, a photograph, full legal name, date of birth, gender, address, and signature.
To apply for an enhanced driver's license or enhanced non-driver identification card, an applicant is required to provide the following items to the Chief Administrator (chief administrator) of the commission in a manner prescribed by the chief administrator: (1) a completed application indicating the applicant's full legal name, date of birth, residence address, height, gender, eye color, Social Security number, signature, and, if applicable, the applicant's intention to be an organ donor; (2) documentation demonstrating the applicant's United States citizenship, full legal name, date of birth, residence address, and Social Security number; (3) a photographic identification document; (4) the applicant's signed declaration acknowledging that the radio frequency identification technology may be used with the enhanced driver's license or enhanced non-driver identification card; (5) the applicant's signed certification that the information presented by the applicant is true and correct to the best of the applicant's knowledge; and (6) payment of an application fee of not more than $30.
Under the bill, the chief administrator is required to examine and verify the genuineness, regularity, and legality of every application and other documentation submitted and may investigate any such application or require the submission of additional information. The chief administrator is required to reject any application if the chief administrator is not satisfied of the genuineness, regularity, and legality of the application or supporting documentation or the truth of any statement contained in the application or supporting documentation, or for any other reason authorized by law.
Under the bill, an applicant who applies for an enhanced driver's license or enhanced non-driver identification card is required to have his or her facial image and signature captured or reproduced by the chief administrator at the time of application, which image or signature may be made available by the commission and used as follows: (1) by a federal, state, or local government agency for any law enforcement purpose authorized by law; (2) by another state to the extent required by federal law; (3) by the chief administrator for any purpose specifically authorized by law; (4) by the chief administrator for forwarding to the Department of State Police; (5) for any other purpose as determined by the chief administrator, if an individual provides his or her written authorization for the release of his or her own facial image or signature; and (6) as otherwise required by law.
Additionally, the chief administrator is required to retain copies or digital images of documents provided by the applicant to the chief administrator and may disclose digital images of documents retained to a federal, state, or local government agency for any law enforcement purpose authorized by law.
The bill permits the chief administrator to enter into a memorandum of understanding with any federal agency for the purpose of obtaining approval for the issuance of an enhanced driver's license or enhanced official non-driver identification card as proof of identity and citizenship for persons entering the United States at land and sea ports.
The requirements of the bill are in addition to the requirements otherwise imposed on individuals who apply for a standard driver's license or standard non-driver identification card.
The renewal fee for an enhanced driver's license or enhanced non-driver identification card is not to be more than $15, but if the enhanced driver's license or enhanced non-driver identification card is expired, the fee is to be $30. Additionally, the chief administrator may assess a fee for issuing a duplicate or corrected enhanced driver's license or enhanced non-driver identification card in an amount deemed reasonable by the chief administrator.
Finally, a person who makes a false certification or statement in an application for an enhanced driver's license or enhanced non-driver identification card is to be guilty of a crime of the third degree, which is punishable by imprisonment for three to five years, a fine of up to $15,000, or both.
