Requires MVC to accept death certificate as proof of name change.

A4397

ASSEMBLY, No. 4397

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JAY WEBBER

District 26 (Morris and Passaic)

SYNOPSIS

���� Requires MVC to accept death certificate as proof of
name change.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning motor vehicle documents and amending P.L.1987, c.20.

����
Be It Enacted

by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 2 of P.L.1987,
c.20 (C.39:3-9a) is amended to read as follows:

���� 2.���
a.
�� Each
driver's license issued pursuant to R.S.39:3-10 shall have the legal name of
the licensee endorsed thereon in
[
his
]

the

licensee�s

own handwriting.� For purposes of this section, legal name shall mean the name
recorded on a birth certificate unless otherwise changed by marriage, divorce
,

or order of court.� The
[
director
]
chief
administrator
may require that only the legal name be recorded on the
driver's license.� A person who has been issued a driver's license pursuant to
R.S.39:3-10 whose name is changed due to marriage, divorce
,
or by order
of court shall notify the
[
director
]

chief
administrator
of the change in name within two weeks after the change is
made.

���� A person who fails to notify
the
[
Director
of the Division of Motor Vehicles
]

chief administrator
of a change in name as required in this section
shall be subject to a fine.� A person who is fined under this section for a
violation of this section shall not be subject to a surcharge under the
[
New Jersey
Merit Rating Plan
]

Motor Vehicle Violations Surcharge System
as provided in section 6 of
P.L.1983, c.65 (C.17:29A-35).

���� For the purposes of this
section, a digitized signature image shall constitute a licensee's signature in

[
his
]

the
licensee�s
own handwriting. A digitized signature image is an electronic
representation of a person's written signature.

����
b.��� Notwithstanding the
provisions of subsection a. of this section, the chief administrator shall
permit a licensee to record the licensee�s birth name on the licensee�s
driver�s license upon submission of the licensee�s most recent marriage
certificate and the death certificate of the licensee�s spouse.� The licensee
shall also be required to attest, in a manner and form determined by the chief
administrator, that the licensee has not been convicted of a crime, does not
have any criminal charges pending, and is not seeking the change of name for
purposes of avoiding or obstructing criminal prosecution, avoiding creditors,
or for perpetrating a civil or criminal fraud.

����
For the purposes of this
subsection, �birth name� means the name appearing on a person�s birth
certificate.

(cf: P.L.1999, c.28, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill allows the holder of
a driver�s license whose spouse has died to have the name listed on the
driver�s license revert to the licensee�s birth name.� The bill requires the
New Jersey Motor Vehicle Commission to accept a licensee�s most recent marriage
certificate and the licensee�s spouse�s death certificate as sufficient proof
to allow the licensee to display the licensee�s birth name on the driver�s
license. �The licensee is also required to attest that the licensee: has not
been convicted of a crime; has no criminal charges pending; and is not seeking
the change of name to avoid or obstruct criminal prosecution, to avoid
creditors, or for perpetrating a civil or criminal fraud.