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 drivers 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 drivers 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 drivers license" means a drivers 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 drivers 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 drivers 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 drivers licenses and enhanced non-driver identification cards to residents of the State of New Jersey.
b. Enhanced drivers 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 drivers 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 applicants photograph, full legal name, date of birth, gender, address, and signature.
c. An applicant who applies for an enhanced drivers 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 applicants signed declaration acknowledging that the radio frequency identification technology may be used with the enhanced drivers 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 drivers 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 drivers 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 individuals 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 d