A5004

An Act concerning commercial learner’s permits and commercial driver licenses and supplementing P.L.1990, c.103 (C.39:3-10.9 et al.).

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

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Applicant” means a person who is applying, but does not currently hold a commercial learner’s permit or commercial driver license in this State.

“Chief Administrator” means the Chief Administrator of the New Jersey Motor Vehicle Commission.

“Division” means the Division of State Police in the Department of Law and Public Safety.

2. a. Before issuing a commercial learner’s permit or commercial driver license to an applicant, the Chief Administrator of the New Jersey Motor Vehicle Commission shall verify an applicant’s lawful immigration status through the Systematic Alien Verification for Entitlements program, administered by the United States Citizenship and Immigration Services in the United States Department of Homeland Security, to confirm the applicant is eligible to hold a commercial learner’s permit or commercial driver license under Subpart B of 49 C.F.R. Part 384. If an applicant is found to not be eligible to hold a commercial learner’s permit or commercial driver license under Subpart B of 49 C.F.R. Part 384, the chief administrator shall deny the application. If an applicant is found to be in the United States illegally, the chief administrator shall provide any relevant information about the applicant to the United States Department of Homeland Security and provide any assistance to the United States Department of Homeland Security on any investigation and deportation actions taken by the department.

b. No later than 90 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the chief administrator shall verify the lawful immigration status of all current commercial learner’s permit holders and commercial driver license holders in the State through the Systematic Alien Verification for Entitlements program, administered by the United States Citizenship and Immigration Services in the United States Department of Homeland Security, to confirm that each commercial learner’s permit holder and commercial driver license holder is eligible to hold a commercial learner’s permit or commercial driver license under Subpart B of 49 C.F.R. Part 384. If a holder is found not to be eligible to hold a commercial learner’s permit or commercial driver license under Subpart B of 49 C.F.R. Part 384, the chief administrator shall downgrade the holder’s commercial learner’s permit or commercial driver license within 30 days of finding out that the holder is not eligible. If a holder is found to be in the United States illegally, the chief administrator shall provide any relevant information about the holder to the United States Department of Homeland Security and provide any assistance to the United States Department of Homeland Security on any investigation and deportation actions taken by the department.

3. a. No later than 120 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the chief administrator shall conduct a check for outstanding warrants for arrest for all current commercial learner’s permit holders and commercial driver license holders in the State. If an active arrest warrant is found, the chief administrator shall report the commercial learner’s permit or commercial driver license holder’s information to the Division of State Police.

b. A commercial learner’s permit holder or a commercial driver license holder shall submit to being fingerprinted by the Division of State Police in the Department of Law and Public Safety or by agents appointed by or under contract to the division and shall also provide written consent to the performance of a criminal history record background check unless the holder was previously fingerprinted and had a criminal history background check conducted as part of an application for a commercial driver license or a passenger endorsement under a commercial driver license or both. The chief administrator is authorized to exchange fingerprint data and photographic identification with, and receive criminal background check results from, the division. The division may exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation. The commercial learner’s permit or commercial driver license holder shall bear the cost of fingerprinting and the cost for the background checks, including all costs of administering and processing the background checks.

4. The chief administrator may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).

5. This act shall take effect immediately.

STATEMENT

This bill requires the Chief Administrator (chief administrator) of the New Jersey Motor Vehicle Commission (MVC) to verify the immigration status of commercial learner’s permit and commercial driver license (CDL) applicants and current commercial learner’s permit and CDL holders and check for any outstanding arrest warrants for commercial learner’s permit and CDL holders.

Specifically, the bill requires the chief administrator to review and verify the immigration status of commercial learner’s permit and CDL applicants and current commercial learner’s permit and CDL holders in the State using the Systematic Alien Verification for Entitlements program, administered by the United States Citizenship and Immigration Services in the United States Department of Homeland Security to confirm the applicants and holders are eligible to hold a commercial learner’s permit or CDL compliant with federal law. If an applicant is found not to be eligible to hold a commercial learner’s permit or CDL, the chief administrator must deny the application. Additionally, if an applicant is found to be in the United States illegally, the chief administrator is to provide any relevant information about the applicant to the United States Department of Homeland Security and provide any assistance to the United States Department of Homeland Security on any investigation and deportation actions taken by the department.

If a holder is found not to be eligible to hold a commercial learner’s permit or commercial driver license the chief administrator must downgrade the commercial learner’s permit or CDL within 30 days of finding out that the holder is not eligible. Additionally, if a holder is found to be in the United States illegally, the chief administrator is to provide any relevant information about the holder to the United States Department of Homeland Security and provide any assistance to the United States Department of Homeland Security on any investigation and deportation actions taken by the department.

Additionally, the bill requires the chief administrator to conduct a check for outstanding warrants for arrest of all current commercial learner’s permit and CDL holders in the State and to contact the Division of State Police if a current commercial learner’s permit or CDL holder is found to have an outstanding arrest warrant. The bill also requires a commercial learner’s permit or CDL holder to provide the holder’s fingerprints to the Division of State Police and to consent to a criminal history record background check.

It is the sponsor’s intent to ensure that commercial learner’s permits and CDLs are not given to those persons who are in the State illegally and to ensure that those who hold a commercial learner’s permit or CDL are not in the State illegally.