A3598

Sponsored by:

Assemblyman LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman DAN HUTCHISON

District 4 (Atlantic, Camden and Gloucester)

Assemblyman ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblyman Abdelaziz and Assemblywoman Morales

SYNOPSIS

Requires MVC to establish and administer online application for REAL ID identification cards and REAL ID licenses.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning the application process for REAL ID identification cards and REAL ID licenses and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Applicant” means an individual applying to obtain a REAL ID license or a REAL ID identification card.

“Commission” means the New Jersey Motor Vehicle Commission.

“REAL ID identification card” means the same as that term is defined in R.S.39:1-1.

“REAL ID license” means and includes:

(1) any license to operate a motor vehicle issued by the commission that complies with the provisions of the “REAL ID Act of 2005,” Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder; and

(2) a motorcycle license issued by the commission that complies with the provisions of the “REAL ID Act of 2005,” Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder.

b. Notwithstanding any law, rule, or regulation to the contrary, the commission shall establish and administer an online application for New Jersey residents to obtain a REAL ID license or a REAL ID identification card through the commission’s Internet website. As part of the application process, the commission shall accept and process electronically submitted copies of identity and lawful status source documents required under the “REAL ID Act of 2005,” Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder, as authorized by the “REAL ID Modernization Act,” Pub.L.116-260, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder.

c. If the commission determines the applicant has satisfied all requirements established under the “REAL ID Act of 2005,” Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder, the commission shall approve and process the online application for a REAL ID identification card or REAL ID license. If the commission determines the applicant has not satisfied all requirements established under the “REAL ID Act of 2005,” Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder, the commission shall deny the online application for a REAL ID identification card or REAL ID license.

2. Within 60 days of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Chief Administrator of the New Jersey Motor Vehicle Commission shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary for the implementation of this act, including, but not limited to:

a. establishing procedures as to how the signature, verification, certification, witnessing, or other formal requirements shall be met with respect to documents or information permitted to be submitted in electronic or digital form, pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), which procedures shall comply with the requirements set forth under the “REAL ID Modernization Act,” Pub.L.116-260, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder; and

b. establishing the safeguards necessary to protect the privacy of, and prevent improper access to or disclosure of, any personal information, as defined in section 1 of P.L.1997, c.188 (C.39:2-3.3), that may be transmitted or processed in an electronic or digital form, pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), which safeguards shall comply with the requirements set forth under the “REAL ID Modernization Act,” Pub.L.116-260, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder.

3. This act shall take effect immediately, except that section 1 of this act shall remain inoperative until the chief administrator adopts rules and regulations pursuant to section 2 of this act.

STATEMENT

This bill requires the New Jersey Motor Vehicle Commission (MVC) to establish and administer an online application for REAL ID identification cards and REAL ID licenses.

Specifically, under the bill, the MVC is required to establish an online application for New Jersey residents to obtain a REAL ID license or a REAL ID identification card through the commission’s Internet website. As part of the application process, the MVC is required to accept and process electronically submitted copies of identity and lawful status source documents required under the federal “REAL ID Act of 2005,” as authorized by the federal “REAL ID Modernization Act.”

If the MVC determines that an applicant has satisfied all of the requirements established by the federal “REAL ID Act of 2005,” the MVC is required to approve and process the applicant’s online application to obtain a REAL ID license or REAL ID identification card. If the applicant has failed to satisfy any requirement established by the federal “REAL ID Act of 2005,” the MVC is required to deny the applicant’s online application to obtain a REAL ID license or REAL ID identification card.

The Chief Administrator of the MVC (chief administrator) is required to adopt rules and regulations necessary to implement the provisions of this bill, including, but not limited to, establishing: (1) procedures as to how signature, verification, certification, witnessing, or other formal requirements are to be met with respect to documents or information permitted to be submitted in electronic or digital form pursuant to the bill; and (2) safeguards necessary to protect the privacy of, and prevent improper access to or disclosure of, any personal information that may be transmitted in an electronic or digital form. The procedures and safeguards established by the chief administrator pursuant to the bill are to comply with the requirements set forth under the federal “REAL ID Modernization Act,” and the federal rules and regulations adopted to implement the act.