Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
SYNOPSIS
Authorizes Secretary of State and New Jersey Motor Vehicle Commission to share voter and motor vehicle information with state-based non-profit organization for maintaining accuracy of voter registration information.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the disclosure of voter and motor vehicle information for voter registration purposes, amending various parts of the statutory law, and supplementing Title 19 and Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Notwithstanding the provisions of any law, rule, or regulation to the contrary, the Secretary of State may become a member, on behalf of the State of New Jersey, of a non-profit organization comprised solely of United States territorial governmental units, states, and the District of Columbia for the purpose of improving the accuracy of voter registration information and increasing access to voter registration for eligible individuals. The Secretary of State may share, transmit, or receive confidential, personal, or personally identifiable information, excluding information unrelated to voter eligibility, for those purposes. The Secretary of State shall not share or transmit documentation or other information that indicates that an individual is not a citizen of the United States. Information shared, transmitted, or received, including information from the non-profit organization, in carrying out the purposes of this section shall not be considered a government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to government records.
2. (New section) a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, and to the extent not otherwise inconsistent with the federal Drivers Privacy Protection Act of 1994, Pub.L.103-322, and upon and consistent with a fully executed membership agreement, the New Jersey Motor Vehicle Commission may share confidential, personal, or personally identifiable information, excluding information unrelated to voter eligibility, for use by a non-profit organization comprised solely of United States territorial governmental units, states, and the District of Columbia for the purpose of improving the accuracy of voter registration information and increasing access to voter registration for eligible individuals. The sharing of that information shall not be considered a violation of any other State law.
b. The sharing of information for the purpose provided in subsection a. of this section shall be deemed a permissible use of the information by the Department of State and the Division of Elections in carrying out their functions and a permissible use of the information by a private entity acting on behalf of the Department of State and the Division of Elections in carrying out their functions. The information shall be transmitted in a manner consistent with an applicable memorandum of understanding.
c. The New Jersey Motor Vehicle Commission shall not share or transmit documentation or other information (1) concerning an individual who does not have a social security number or has submitted proof of identity to the commission using an Individual Taxpayer Identification Number, (2) that indicates that an individual is not a citizen of the United States, (3) that is a photo of a person, or (4) that includes a person s social security number beyond the last four digits thereof.
The information shared, transmitted, or received pursuant to this section shall not be considered a government record under P.L.1963, c.73 (C.47:1A-1 et seq.) or the common law concerning access to government records.
3. Section 2 of P.L.1997, c.188 (C.39:2-3.4) is amended to read as follows:
2. a. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the contrary, except as provided in this act, the New Jersey Motor Vehicle Commission and any officer, employee or contractor thereof shall not knowingly disclose or otherwise make available to any person personal information about any individual obtained by the commission in connection with a motor vehicle record.
b. A person requesting a motor vehicle record including personal information shall produce proper identification and shall complete and submit a written request form provided by the chief administrator for the commission's approval. The written request form shall bear notice that the making of false statements therein is punishable and shall include, but not be limited to, the requestor's name and address; the requestor's driver's license number or corporate identification number; the requestor's reason for requesting the record; the driver's license number or the name, address and birth date of the person whose driver record is requested; the license plate number or VIN number of the vehicle for which a record is requested; any additional information determined by the chief administrator to be appropriate and the requestor's certification as to the truth of the foregoing statements. Prior to the approval of the written request form, the commission may also require the requestor to submit documentary evidence supporting the reason for the request.
In lieu of completing a written request form for each record requested, the commission may permit a person to complete and submit for approval of the chief administrator or the chief administrator's designee, on a case by case basis, a written application form for participation in a public information program on an ongoing basis. The written application form shall bear notice that the making of false statements therein is punishable and shall include, but not be limited to, the applicant's name, address and telephone number; the nature of the applicant's business activity; a description of each of the applicant's intended uses of the information contained in the motor vehicle records to be requested; the number of employees with access to the information; the name, title, and signature of the authorized company representative; and any additional information determined by the chief administrator to be appropriate. The chief administrator may also require the applicant to submit a copy of its business credentials, such as a license to do business or a certificate of incorporation. Prior to approval by the chief administrator or the chief administrator's designee, the applicant shall certify in writing as to the truth of all statements contained in the completed application form.
c. Personal information shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; maintenance of voter registration information; and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, Pub.L.85-506, the Motor Vehicle Information and Cost Saving Act, Pub.L.92-513, the National Traffic and Motor Vehicle Safety Act of 1966, Pub.L.89-563, the Anti-Car Theft Act of 1992, Pub.L.102-519, and the Clean Air Act, Pub.L.88-206, and may be disclosed as follows:
(1) For use by any government agency, including any court or law enforcement agency in carrying out its functions, or any private person or entity acting on behalf of a federal, State, or local agency in carrying out its functions.
(2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and the removal of non-owner records from the original owner records of motor vehicle manufacturers.
(3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: