S.B. 292

Summary

This bill establishes drivers licenses for New Jersey residents who cannot prove lawful presence in the United States. Specifically, under the provisions of this bill, the Motor Vehicle Commission (MVC) is required to issue a drivers license to a person who satisfies the requirements for the issuance of a basic drivers license but cannot prove lawful presence in the United States. Under the bill, each applicant is required to submit to the MVC proof of identity, date of birth, and residency in this State. The bill specifies certain documents that the chief administrator may accept, in addition to any other documents determined to be appropriate by the chief administrator. The bill provides that applicants who are unable to provide the listed documents, but who are able to provide alternative documents, are to be subject to a secondary review to determine whether the applicant has presented sufficient evidence. A person applying for this drivers license is required to pay all fees applicable to the issuance of a basic drivers license and the commission may charge an additional fee, not to exceed $50 per license, to offset administrative costs associated with the production and distribution of the drivers license. This fee is to expire 36 months after the effective date of the bill. Under the bill, the drivers license is valid for four years. The bill provides that the commission is required to adopt regulations concerning the form and design of the drivers license, which is to include a digitized picture of the person to whom the card was issued and a statement on the front of the drivers license substantially similar to the following and in the smallest font size contained on the license Federal Limits May Apply. Any personal information collected from the commission is subject to the same disclosure restrictions that apply to personal information collected from applicants for drivers licenses. In addition, this information is not to be considered a public record and is not to be disclosed to any federal, State, or local governmental entity without probable cause or a valid warrant. The bill also provides that a drivers license issued under the provisions of the bill is not to be considered evidence of an individuals citizenship or immigration status and is not to be used as a basis for an investigation, arrest, citation, or detention. In addition, under the provisions of this bill, is it an unlawful discrimination violation for any person, pursuant to the provisions of section 11 of P.L.1945, c.169 (C.10:5-12), to discriminate against an individual based upon the fact that the individual holds or presents a drivers license issued under this bill. In addition, any public official who discriminates against a person who holds or presents a drivers license issued under this bill is guilty of the crime of official deprivation of civil rights. The bill also provides that an applicant for a drivers license who provides false documentation or who knowingly makes a false statement on an application for the purpose of obtaining this drivers license is guilty of falsifying government records. The bill requires the chief administrator to submit a report to the Governor and the Legislature evaluating the effectiveness of the issuance of drivers licenses under this bill. Finally, under the provisions of the bill, the chief administrator is required to establish and conduct a public education campaign to inform the public about the availability of the drivers license issued under this bill and the requirements for obtaining such a license.