Concerns documents, driver's licenses, and non-driver identification cards issued by MVC.

S3960

SENATE, No. 3960

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Senator� CARMEN F. AMATO, JR.

District 9 (Ocean)

SYNOPSIS

���� Concerns documents, driver�s licenses, and non-driver
identification cards issued by MVC.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning documents, driver�s licenses, and
non-driver identification cards, amending various sections of the statutory
law, and repealing P.L.2019, c.271.

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

���� 1.��� R.S.39:1-1 is amended to
read as follows:

���� 39:1-1.������� As used in this
subtitle, unless other meaning is clearly apparent from the language or
context, or unless inconsistent with the manifest intention of the Legislature:

���� "Alley" means a
public highway wherein the roadway does not exceed 12 feet in width.

���� "Authorized emergency
vehicles" means vehicles of the fire department, police vehicles and such
ambulances and other vehicles as are approved by the chief administrator when
operated in response to an emergency call.

���� "Autocycle" means a
three-wheeled motorcycle designed to be controlled with a steering wheel and
pedals in which the operator and passenger may ride in a completely or
partially enclosed seating area that is equipped with a roll cage or roll hoops,
safety seat belts for each occupant, and anti-lock brakes.

���� "Automobile"
includes all motor vehicles except motorcycles.

���� "Berm" means that
portion of the highway exclusive of roadway and shoulder, bordering the
shoulder but not to be used for vehicular travel.

���� "Business district"
means that portion of a highway and the territory contiguous thereto, where
within any 600 feet along such highway there are buildings in use for business
or industrial purposes, including but not limited to hotels, banks, office
buildings, railroad stations, and public buildings which occupy at least 300
feet of frontage on one side or 300 feet collectively on both sides of the
roadway.

���� "Car pool" means two
or more persons commuting on a daily basis to and from work by means of a
vehicle with a seating capacity of nine passengers or less.

���� "Chief
Administrator" or "Administrator" means the Chief Administrator
of the New Jersey Motor Vehicle Commission.

���� "Commercial motor
vehicle" includes every type of motor-driven vehicle used for commercial
purposes on the highways, such as the transportation of goods, wares and
merchandise, excepting such vehicles as are run only upon rails or tracks and
vehicles of the passenger car type used for touring purposes or the carrying of
farm products and milk, as the case may be.

���� "Commission" means
the New Jersey Motor Vehicle Commission established by section 4 of P.L.2003,
c.13 (C.39:2A-4).

���� "Commissioner" means
the Commissioner of Transportation of this State.

���� "Commuter van" means
a motor vehicle having a seating capacity of not less than seven nor more than
15 adult passengers, in which seven or more persons commute on a daily basis to
and from work and which vehicle may also be operated by the driver or other
designated persons for their personal use.

���� "Crosswalk" means
that part of a highway at an intersection, either marked or unmarked existing
at each approach of every roadway intersection, included within the connections
of the lateral lines of the sidewalks on opposite sides of the highway measured
from the curbs or, in the absence of curbs, from the edges of the shoulder, or,
if none, from the edges of the roadway; also, any portion of a highway at an
intersection or elsewhere distinctly indicated for pedestrian crossing by lines
or other marking on the surface.

���� "Curb extension" or
"bulbout" means a horizontal extension of the sidewalk into the
street which results in a narrower roadway section.

���� "Dealer" includes
every person actively engaged in the business of buying, selling or exchanging
motor vehicles or motorcycles and who has an established place of business.

���� "Deputy Chief
Administrator" means the deputy chief administrator of the commission.

���� "Driver" means the
rider or driver of a horse, bicycle or motorcycle or the driver or operator of
a motor vehicle, unless otherwise specified.

���� �Electric vehicle charging
space� means a publicly accessible charging space or set of charging spaces,
with visible signage indicating that the charging space or spaces are available
for use by the public for charging plug-in electric vehicles.

���� "Explosives" means
any chemical compound or mechanical mixture that is commonly used or intended
for the purpose of producing an explosion and which contains any oxidizing and
combustive units or other ingredients in such proportions, quantities or
packing that an ignition by fire, friction, by concussion, by percussion, or by
detonator of any part of the compound or mixture may cause such a sudden
generation of highly heated gases that the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects or of destroying
life or limb.

���� "Farm tractor" means
every motor vehicle designed and used primarily as a farm implement for drawing
plows, mowing machines, and other implements of husbandry.

���� "Flammable liquid"
means any liquid having a flash point below 200 degrees Fahrenheit, and a vapor
pressure not exceeding 40 pounds.

���� "Gross weight" means
the combined weight of a vehicle and a load thereon.

���� "High occupancy
vehicle" or "HOV" means a vehicle which is used to transport two
or more persons and shall include public transportation, car pool, van pool,
and other vehicles as determined by regulation of the Department of Transportation.

���� "Highway" means the
entire width between the boundary lines of every way publicly maintained when
any part thereof is open to the use of the public for purposes of vehicular
travel.

���� "Horse" includes
mules and all other domestic animals used as draught animals or beasts of
burden.

���� "Inside lane" means
the lane nearest the center line of the roadway.

���� "Intersection" means
the area embraced within the prolongation of the lateral curb lines or, if
none, the lateral boundary lines of two or more highways which join one another
at an angle, whether or not one such highway crosses another.

���� "Laned roadway"
means a roadway which is divided into two or more clearly marked lanes for
vehicular traffic.

���� "Leased limousine"
means any limousine subject to regulation in the State which:

���� Is offered for rental or
lease, without a driver, to be operated by a limousine service as the lessee,
for the purpose of carrying passengers for hire; and

���� Is leased or rented for a
period of one year or more following registration.

���� "Leased motor
vehicle" means any motor vehicle subject to registration in this State
which:

���� Is offered for rental or
lease, without a driver, to be operated by the lessee, his agent or servant,
for purposes other than the transportation of passengers for hire; and

���� Is leased or rented for a
period of one year or more following registration.

���� "Limited-access
highway" means every highway, street, or roadway in respect to which
owners or occupants of abutting lands and other persons have no legal right of
access to or from the same except at such points only and in such manner as may
be determined by the public authority having jurisdiction over such highway,
street, or roadway; and includes any highway designated as a
"freeway" or "parkway" by authority of law.

���� "Local authorities"
means every county, municipal and other local board or body having authority to
adopt local police regulations under the Constitution and laws of this State,
including every county governing body with relation to county roads.

���� "Low-speed electric
bicycle" means a two or three-wheeled vehicle with fully operable pedals
and an electric motor of less than 750 watts, that meets the requirements of
one of the following classifications: "class 1 low-speed electric bicycle"
which means a low-speed electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling, and that ceases to provide
assistance when the bicycle reaches the speed of 20 miles per hour; or
"class 2 low-speed electric bicycle'' which means a low-speed electric
bicycle equipped with a motor that may be used exclusively to propel the
bicycle, and that is not capable of providing assistance when the bicycle
reaches the speed of 20 miles per hour.

���� "Low-speed electric
scooter" means a scooter with a floorboard that can be stood upon by the
operator, with handlebars, and an electric motor that is capable of propelling
the device with or without human propulsion at a maximum speed of less than 19
miles per hour.

���� "Low-speed vehicle"
means a four-wheeled low-speed vehicle, as defined in 49 C.F.R. s.571.3(b),
whose attainable speed is more than 20 miles per hour but not more than 25
miles per hour on a paved level surface and which is not powered by gasoline or
diesel fuel and complies with federal safety standards as set forth in 49
C.F.R. s.571.500.

���� "Magistrate" means
any municipal court and the Superior Court, and any officer having the powers
of a committing magistrate and the chief administrator.

���� "Manufacturer" means
a person engaged in the business of manufacturing or assembling motor vehicles,
who will, under normal business conditions during the year, manufacture or
assemble at least 10 new motor vehicles.

���� "Metal tire" means
every tire the surface of which in contact with the highway is wholly or partly
of metal or other hard nonresilient material.

���� "Mid-block
crosswalk" means a crosswalk located away from an intersection, distinctly
indicated by lines or markings on the surface.

���� "Motorized bicycle"
means a pedal bicycle having a helper motor characterized in that either the
maximum piston displacement is less than 50 cc. or said motor is rated at no
more than 1.5 brake horsepower or is powered by an electric drive motor and
said bicycle is capable of a maximum speed of no more than 25 miles per hour on
a flat surface or a pedal bicycle having an electric motor that is capable of
propelling the bicycle in excess of 20 miles per hour with a maximum
motor-powered speed of no more than 28 miles per hour on a flat surface.� This
term shall not include a low-speed electric bicycle or low-speed electric
scooter as defined in this section.

���� "Motorcycle"
includes motorcycles, autocycles, motor bikes, bicycles with motor attached and
all motor-operated vehicles of the bicycle or tricycle type, except motorized
bicycles, low-speed electric bicycles, and low-speed electric scooters as
defined in this section, whether the motive power be a part thereof or attached
thereto and having a saddle or seat with driver sitting astride or upon it or a
platform on which the driver stands.

���� "Motor-drawn
vehicle" includes trailers, semitrailers, or any other type of vehicle
drawn by a motor-driven vehicle.

���� "Motor vehicle"
includes all vehicles propelled otherwise than by muscular power, excepting
such vehicles as run only upon rails or tracks, low-speed electric bicycles,
low-speed electric scooters, and motorized bicycles.

���� "Motorized scooter"
means a miniature motor vehicle and includes, but is not limited to, pocket
bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini
choppers, mini motorcycles, motorized skateboards and other vehicles with motors
not manufactured in compliance with Federal Motor Vehicle Safety Standards and
which have no permanent Federal Safety Certification stickers affixed to the
vehicle by the original manufacturer. This term shall not include:� electric
personal assistive mobility devices, motorized bicycles, low-speed vehicles,
low-speed electric bicycles, or low-speed electric scooters or motorized
wheelchairs, mobility scooters, or similar mobility assisting devices used by
persons with physical disabilities or persons whose ambulatory mobility has
been impaired by age or illness.

���� "Motorized
skateboard" means a skateboard that is propelled otherwise than by
muscular power.

���� "Motorized
wheelchair" means any motor-driven wheelchair utilized to increase the
independent mobility, in the activities of daily living, of an individual who
has limited or no ambulation abilities and includes mobility scooters
manufactured specifically for such purposes and designed primarily for indoor
use.

���� "Noncommercial
truck" means every motor vehicle designed primarily for transportation of
property and which is not a "commercial vehicle."

���� "Official traffic control
devices" means all signs, signals, markings, and devices not inconsistent
with this subtitle placed or erected by authority of a public body or official
having jurisdiction for the purpose of regulating, warning, or guiding traffic.

���� "Omnibus" includes
all motor vehicles used for the transportation of passengers for hire, except
commuter vans and vehicles used in ridesharing arrangements and school buses if
the same are not otherwise used in the transportation of passengers for hire.

���� "Operator" means a
person who is in actual physical control of a vehicle or street car.

���� "Outside lane" means
the lane nearest the curb or outer edge of the roadway.

���� "Owner" means a
person who holds the legal title of a vehicle or if a vehicle is the subject of
an agreement for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or lessee, or if
a mortgagor of a vehicle is entitled to possession, then the conditional
vendee, lessee, or mortgagor shall be deemed the owner for the purpose of this
subtitle.

���� "Parking" means the
standing or waiting on a street, road, or highway of a vehicle not actually
engaged in receiving or discharging passengers or merchandise, unless in
obedience to traffic regulations or traffic signs or signals.

���� "Passenger
automobile" means all automobiles used and designed for the transportation
of passengers, other than omnibuses and school buses.

���� "Pedestrian" means a
person afoot.

���� "Person" includes
natural persons, firms, copartnerships, associations, and corporations.

���� �Plug-in electric vehicle�
means a vehicle that has a battery, or an equivalent energy storage device,
that can be charged from an electricity supply external to the vehicle with an
electric plug.� This term includes a plug-in hybrid electric vehicle.

���� �Plug-in hybrid electric
vehicle� means a vehicle that can be charged from a source of electricity
external to the vehicle through an electric plug, but is not exclusively
powered by electricity.

���� "Pneumatic tire"
means every tire in which compressed air is designed to support the load.

���� "Pole trailer" means
every vehicle without motive power designed to be drawn by another vehicle and
attached to the towing vehicle by means of a reach, or pole, or by being boomed
or otherwise secured to the towing vehicle and ordinarily used for transporting
long or irregularly shaped loads, such as poles, pipes, or structural members
capable, generally, of sustaining themselves as beams between the supporting
connections.

���� "Private road or
driveway" means every road or driveway not open to the use of the public
for purposes of vehicular travel.

���� "Railroad train"
means a steam engine, electric or other motor, with or without cars coupled
thereto, operated upon rails, except street cars.

����
[
"REAL ID basic driver's
license" means a basic driver's 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.

���� "REAL ID identification
card" means an identification card 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.

���� "REAL ID license"
means 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.

���� "REAL ID motorcycle
license" means 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.

���� "REAL ID probationary
license" means a probationary 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.
]

���� "Recreation vehicle"
means a self-propelled or towed vehicle equipped to serve as temporary living
quarters for recreational, camping, or travel purposes and used solely as a
family or personal conveyance.

���� "Residence district"
means that portion of a highway and the territory contiguous thereto, not
comprising a business district, where within any 600 feet along such highway
there are buildings in use for business or residential purposes which occupy
300 feet or more of frontage on at least one side of the highway.

���� "Ridesharing" means
the transportation of persons in a motor vehicle, with a maximum carrying
capacity of not more than 15 passengers, including the driver, where such
transportation is incidental to the purpose of the driver.� The term shall include
such ridesharing arrangements known as car pools and van pools.

���� "Right-of-way" means
the privilege of the immediate use of the highway.

���� "Road tractor" means
every motor vehicle designed and used for drawing other vehicles and not so
constructed as to carry any load thereon either independently or any part of
the weight of a vehicle or load so drawn.

���� "Roadway" means that
portion of a highway improved, designed, or ordinarily used for vehicular
travel, exclusive of the berm or shoulder. In the event a highway includes two
or more separate roadways, the term "roadway" as used herein shall
refer to any such roadway separately, but not to all such roadways,
collectively.

���� "Safety zone" means
the area or space officially set aside within a highway for the exclusive use
of pedestrians, which is so plainly marked or indicated by proper signs as to
be plainly visible at all times while set apart as a safety zone.

���� "School bus" means
every motor vehicle operated by, or under contract with, a public or
governmental agency, or religious or other charitable organization or
corporation, or privately operated for the transportation of children to or
from school for secular or religious education, which complies with the
regulations of the New Jersey Motor Vehicle Commission affecting school buses,
including "School Vehicle Type I" and "School Vehicle Type
II" as defined below:

���� "School Vehicle Type
I" means any vehicle designed to transport 16 or more passengers,
including the driver, used to transport enrolled children, and adults only when
serving as chaperones, to or from a school, school-connected activity, day camp,
summer day camp, summer residence camp, nursery school, child care center,
preschool center, or other similar places of education. Such vehicle shall
comply with the regulations of the New Jersey Motor Vehicle Commission and
either the Department of Education or the Department of Human Services,
whichever is the appropriate supervising agency.

���� "School Vehicle Type
II" means any vehicle designed to transport less than 16 passengers,
including the driver, used to transport enrolled children, and adults only when
serving as chaperones, to or from a school, school-connected activity, day
camp, summer day camp, summer residence camp, nursery school, child care
center, preschool center, or other similar places of education. Such vehicle
shall comply with the regulations of the New Jersey Motor Vehicle Commission
and either the Department of Education or the Department of Human Services,
whichever is the appropriate supervising agency.

���� "School zone" means
that portion of a highway which is either contiguous to territory occupied by a
school building or is where school crossings are established in the vicinity of
a school, upon which are maintained appropriate "school signs" in
accordance with specifications adopted by the chief administrator and in
accordance with law.

���� "School crossing"
means that portion of a highway where school children are required to cross the
highway in the vicinity of a school.

���� "Semitrailer" means
every vehicle with or without motive power, other than a pole trailer, designed
for carrying persons or property and for being drawn by a motor vehicle and so
constructed that some part of its weight and that of its load rests upon or is
carried by another vehicle.

���� "Shipper" means any
person who shall deliver, or cause to be delivered, any commodity, produce, or
article for transportation as the contents or load of a commercial motor
vehicle.� In the case of a sealed ocean container, "shipper" shall
not be construed to include any person whose activities with respect to the
shipment are limited to the solicitation or negotiation of the sale, resale, or
exchange of the commodity, produce, or article within that container.

���� "Shoulder" means
that portion of the highway, exclusive of and bordering the roadway, designed
for emergency use but not ordinarily to be used for vehicular travel.

���� "Sidewalk" means
that portion of a highway intended for the use of pedestrians between the curb
line or the lateral line of a shoulder or, if none, the lateral line of the
roadway and the adjacent right-of-way line.

���� "Sign." See
"Official traffic control devices."

���� "Slow-moving
vehicle" means a vehicle run at a speed less than the maximum speed then
and there permissible.

���� "Solid tire" means
every tire of rubber or other resilient material which does not depend upon
compressed air for the support of the load.

����
[
"Standard" means, when
used to describe any license to operate a motor vehicle or any identification
card issued by the commission under the provisions of this Title, that the
issuance of the license or identification card does not require proof of lawful
presence in the United States.
]

���� "Street" means the
same as highway.

���� "Street car" means a
car other than a railroad train for transporting persons or property and
operated upon rails principally within a municipality.

���� "Stop," when
required, means complete cessation from movement.

���� "Stopping or
standing," when prohibited, means any cessation of movement of a vehicle,
whether occupied or not, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or traffic
control sign or signal.

���� "Suburban business or
residential district" means that portion of highway and the territory
contiguous thereto, where within any 1,320 feet along that highway there is
land in use for business or residential purposes and that land occupies more
than 660 feet of frontage on one side or collectively more than 660 feet of
frontage on both sides of that roadway.

���� "Through highway"
means every highway or portion thereof at the entrances to which vehicular
traffic from intersecting highways is required by law to stop before entering
or crossing the same and when stop signs are erected as provided in this chapter.

���� "Trackless trolley"
means every motor vehicle which is propelled by electric power obtained from
overhead trolley wires but not operated upon rails.

���� "Traffic" means
pedestrians, ridden or herded animals, vehicles, street cars, and other
conveyances either singly, or together, while using any highway for purposes of
travel.

���� "Traffic control
signal" means a device, whether manually, electrically, mechanically, or
otherwise controlled, by which traffic is alternately directed to stop and to
proceed.

���� "Trailer" means
every vehicle with or without motive power, other than a pole trailer, designed
for carrying persons or property and for being drawn by a motor vehicle and so
constructed that no part of its weight rests upon the towing vehicle.

���� "Truck" means every
motor vehicle designed, used, or maintained primarily for the transportation of
property.

���� "Truck tractor"
means every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the
weight of the vehicle and load so drawn.

���� "Van pooling" means
seven or more persons commuting on a daily basis to and from work by means of a
vehicle with a seating arrangement designed to carry seven to 15 adult
passengers.

���� "Vehicle" means
every device in, upon, or by which a person or property is or may be
transported upon a highway, excepting devices moved by human power or used
exclusively upon stationary rails or tracks or low-speed electric bicycles,
low-speed electric scooters, or motorized bicycles.

(cf: �P.L.2025, c.155, s.1)

���� 2.��� Section 2 of P.L.2003,
c.13 (C.39:2A-2) is amended to read as follows:

���� 2.��� The Legislature finds
and declares that:

���� a.���� The Division of Motor
Vehicle Services (DMV) is one of the State's principal customer service
agencies with regular and direct contact with virtually every citizen;

���� b.��� The DMV has over 15
million contacts a year with the public, including 39 million transactions,
more than any other State agency;

���� c.���� The DMV has
responsibility for issuing and certifying motor vehicle driver's licenses,
ensuring the proper registration of motor vehicles, as well as conducting
safety and emissions inspections of motor vehicles;

���� d.��� The public expects
courteous, efficient and accessible service from government agencies, including
the DMV;

���� e.���� The DMV�s failed
security systems are contributing to a growing national problem of identity
theft that is costing New Jersey and the nation millions of dollars each week;

���� f.���� In the past, the DMV has
been unable to deal with fraud and corruption because of inadequate funding,
training, security, internal controls and oversight;

���� g.��� The DMV must improve its
security system and equipment, and its fraud detection, training and monitoring
so that fraudulent driver's licenses, such as those used in the furtherance of
terroristic activities, will be eliminated;

���� h.��� Internal audits and
controls and investigations are also needed to detect patterns of fraud, theft,
corruption, identity theft and mismanagement in the issuance of driver's
licenses, registrations, and titles because DMV documents must be more
resistant to compromise;

���� i.���� Criminals have used
counterfeit passports, Social Security cards, county identification cards, pay
stubs and W-2 forms to obtain fraudulent driver's licenses and identification
cards in furtherance of identity-theft schemes;

���� j.���� Proper identification
must be required at all phases of the licensing and driver testing process to
assure that only those persons qualified to legally obtain licenses do so;

���� k.��� It is essential that DMV
records be matched with Social Security Administration records
[
, when
presented,
]

in order to verify the validity of Social Security numbers in DMV databases;

���� l.���� Cameras, armed security
guards, panic buttons, alarms, safety upgrades, card access systems and door
replacements are needed in order to prevent fraud;

���� m.�� Employees or agents of
the DMV should be required to undergo background checks and fingerprinting;

���� n.��� Cleaning crews and
maintenance workers at DMV facilities must be supervised by DMV employees to
ensure the security of DMV records;

���� o.��� In a time of rapidly
changing information technology and Internet communications, the DMV lacks an
information technology plan to bring it to the 21st Century and still operates
on a decades-old computer network with patchwork hardware, antiquated software
and obsolete display terminals that lack processing abilities;

���� p.��� Previous DMV efforts to
implement complex technological mandates have failed, due to bureaucratic
mismanagement, inefficient planning and inadequate oversight, as characterized
by reports of the State Commission of Investigation;

���� q.��� The DMV has become a
reactive agency, struggling to keep up with the demands of newly legislated
responsibilities, and without the necessary resources to prevent fraud and
corruption at its front-line agencies and without the ability to provide even
adequate service to its six million customers;

���� r.���� The DMV needs a
strategic business plan, which is a key to the operation of an agency, and must
work within the confines of such plan in an effort to adopt best practices,
improve customer service and gain back the confidence of New Jersey citizens
and the Legislature;

���� s.���� The DMV�s privatization
of some of its agencies in July 1995 has created poor, disjointed and confused
service delivery without consistency among the agencies in terms of policies
and procedures, which has led to confusion and frustration in the minds of New
Jersey citizens;

���� t.���� The DMV privatization
has also resulted in poorly paid employees who have received inadequate
benefits, resulting in a high turnover rate at DMV agencies;

���� u.��� A major benefit to a
State-operated DMV system is the ability to centralize anti-fraud policies and
procedures;

���� v.��� Historically, the
privately-operated local motor vehicle agencies have been plagued with long
lines, poor customer service and inadequate business practices that have
routinely caused network delays and failures for hours at a time;

���� w.�� The DMV would be in a
better position to plan for long-term improvements, replacements and daily
operations if it had a dedicated and consistent source of funding;

���� x.��� In order to address the
various problems with the DMV, a "FIX DMV Commission" was formed on
April 25, 2002, by Governor's Executive Order Number 19 to conduct a
comprehensive review of the DMV and to make recommendations on the
restructuring and reorganization of the agency;

���� y.��� The "FIX DMV
Commission" has reported that the DMV is in crisis and has recommended
that a New Jersey Motor Vehicle Commission be formed in, but not of, the
Department of Transportation to replace the current New Jersey Division of
Motor Vehicles with the purposes of: (1) identifying and regulating drivers and
motor vehicles to deter unlawful and unsafe acts; (2) identifying and
correcting vehicle defects and limiting the amount of vehicle-produced air
pollution; (3) focusing on and responding to customer service and security
issues; and (4) effectuating change by bringing greater attention and resources
to the needs of the organization;

���� z.���� It is therefore in the
public interest to create a New Jersey Motor Vehicle Commission, the duties of
which would include, but not be limited to:� (1) addressing the multitude of
functions assigned to it while curtailing fraudulent and criminal activities
that present threats to the State's security system; (2) following a multi-year
strategic business plan that is constantly reviewed and updated, thus avoiding
the need for the cyclical reforms that have characterized its history; and (3)
conducting operations on a fiscal year budget, controlling fees sufficient to
fund the budget, adopting regulations regarding processes and fees; and
implementing an annual strategic business plan.

(cf: �P.L.2019, c.271, s.2)

���� 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:

���� (a)�� to verify the accuracy
of personal information submitted by the individual to the business or its
agents, employees, or contractors; and

���� (b)�� if such information as
so submitted is not correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing fraud by, pursuing legal
remedies against, or recovering on a debt or security interest against the individual.

���� (4)�� For use in connection
with any civil, criminal, administrative or arbitral proceeding in any federal,
State, or local court or agency or before any self-regulatory body, including
service of process, investigation in anticipation of litigation, and the execution
or enforcement of judgments and orders, or pursuant to an order of a federal,
State, or local court.

���� (5)�� For use in educational
initiatives, research activities, and for use in producing statistical reports,
so long as the personal information is not published, redisclosed, or used to
contact individuals and, in the case of educational initiatives, only to organ
procurement organizations as aggregated, non-identifying information.

���� (6)�� For use by any insurer
or insurance support organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims investigation activities,
antifraud activities, rating or underwriting.

���� (7)�� For use in providing
notice to the owners of towed or impounded vehicles.

���� (8)�� For use by an employer
or its agent or insurer to obtain or verify information relating to a holder of
a commercial driver's license that is required under the "Commercial Motor
Vehicle Safety Act," 49 U.S.C.App.s.2710 et seq.

���� (9)�� For use in connection
with the operation of private toll transportation facilities.

���� (10) For use by any requestor,
if the requestor demonstrates it has obtained the notarized written consent of
the individual to whom the information pertains.

���� (11) For product and service
mail communications from automotive-related manufacturers, dealers and
businesses, if the commission has implemented methods and procedures to ensure
that:

���� (a)�� individuals are provided
an opportunity, in a clear and conspicuous manner, to prohibit such uses; and

���� (b)�� product and service mail
communications from automotive-related manufacturers, dealers and businesses
will not be directed at individuals who exercise their option under
subparagraph (a) of this paragraph.

���� (12) For use by an organ
procurement organization designated pursuant to 42 U.S.C. s.1320b-8 to serve in
the State of New Jersey, or any donor registry established by any such
organization, exclusively for the purposes of determining, verifying, and
recording organ and tissue donor designation and identity. For these purposes,
an organ procurement organization shall have electronic access at all times,
without exception, to real-time organ donor designation and identification
information. An organ procurement organization may also have information for
research activities, pursuant to paragraph (5) of subsection c. of this
section.

���� (13) As provided in section 2
of P.L.2021, c.139 (C.39:2-3.9).

���� d.��� As provided by the
federal "Drivers' Privacy Protection Act of 1994," Pub.L.103-322, a
person authorized to receive personal information under paragraphs (1) through
(10) of subsection c. of this section may resell or redisclose the personal information
only for a use permitted by paragraphs (1) through (10) of subsection c. of
this section subject to regulation by the commission. A person authorized to
receive personal information under paragraph (11) of subsection c. of this
section may resell or redisclose the personal information pursuant to paragraph
(11) of subsection c. of this section subject to regulation by the commission.
An organization authorized to receive personal information under paragraph (12)
of subsection c. of this section may redisclose the personal information only
for the purposes set forth in that paragraph.

���� e.���� As provided by the
federal "Drivers' Privacy Protection Act of 1994," Pub.L.103-322, a
person authorized to receive personal information under this section who
resells or rediscloses personal information covered by the provisions of
P.L.1997, c.188 (C.39:2-3.3 et seq.) shall keep for a period of five years
records identifying each person or entity that receives information and the
permitted purpose for which the information will be used and shall make such
records available to the commission upon request. Any person who receives, from
any source, personal information from a motor vehicle record shall release or
disclose that information only in accordance with P.L.1997, c.188 (C.39:2-3.3
et seq.).

���� f.���� The release of personal
information under this section shall not include an individual's social
security number except in accordance with applicable State or federal law.

���� g.���
[
Notwithstanding
any provision to the contrary, the commission shall not use, or disclose to any
federal, State, or local law enforcement any motor vehicle record containing
personal information, or any personal information, as this term is defined in
section 1 of P.L.1997, c.188 (C.39:2-3.3), for any purposes related to Title 8
of the United States Code without the informed consent of the applicant, a
warrant signed by a State or federal judge, lawful court order, or subpoena,
except that nothing in this section shall be construed to prohibit, or in any
way restrict, any action where such prohibition or restriction would be
contrary to federal law.

���� When responding to a warrant,
court order, or subpoena, the commission may disclose only those records or
information specifically requested in the warrant, court order, or subpoena.
]

(Deleted
by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: �P.L.2021, c.139, s.3)

���� 4.��� Section 28 of P.L.2003,
c.13 (C.39:2A-28) is amended to read as follows:

���� 28.� In addition to any powers
and duties otherwise imposed by P.L.2003, c.13 (C.39:2A-1 et al.), the chief
administrator shall have general responsibility for the implementation of
P.L.2003, c.13 (C.39:2A-1 et al.), and shall, without limitation:

���� a.����
[
Perform,
]

perform

exercise, and discharge the functions, powers, and duties of the commission
through such offices as may be established by P.L.2003, c.13 (C.39:2A-1 et al.)
or otherwise by law;

���� b.���
[
Administer
]

administer

and organize the work of the commission in such organizational units, and from
time to time alter the plan of organization as deemed expedient, as necessary
for the secure, efficient and effective operation of the commission;

���� c.����
[
Appoint
]

appoint
,
remove, and fix the compensation of subordinate officers and other personnel
employed by the commission in accordance with the commission's table of
organization, except as herein otherwise specifically provided;

���� d.���
[
Appoint
]

appoint
,
remove, and fix the compensation and terms of employment of the deputy
administrator, who shall serve in the State unclassified service, in accordance
with the commission's table of organization;

���� e.����
[
Organize
]

organize

and maintain an administrative office and employ therein such secretarial,
clerical, and other assistants in the commission as the internal operations of
the commission may require;

���� f.����
[
Formulate
]

formulate

and adopt rules and regulations for the efficient conduct of the work and
general administration of the commission, its officers and employees;

���� g.���
[
Prepare
]

prepare

an annual budget, and submit it to the board;

���� h.���
[
Prepare
]

prepare

annually, a strategic business plan and submit it to the board, including a
facilities improvement and management plan and a table of organization;

���� i.����
[
Institute
]

institute

or cause to be instituted such legal proceedings or processes as may be
necessary to properly enforce and give effect to any of the powers or duties of
the chief administrator;

���� j.����
[
Report
]

report

as the Governor shall from time to time request or as may be required by law;

���� k.���
[
Collect
]

collect

all fees, fines, penalties, surcharges, service charges, and other charges
imposed by P.L.2003, c.13 (C.39:2A-1 et al.) and the regulations issued
pursuant thereto or pursuant to law;

���� l.����
[
Develop
]

develop

and maintain a master list of all assets;

���� m.�� Oversee the
implementation of the facilities improvement and management plan, in
consultation with the State Treasurer;
and

���� n.���
[
Perform
]

perform

such other functions as may be prescribed in P.L.2003, c.13 (C.39:2A-1 et al.)
or by any other law or by the board
[
;
and

���� o.��� Establish a point based
identification verification program, or a successor identification verification
program as the chief administrator deems appropriate, which shall be used to
prove the identity of any applicant for a basic driver's license, probationary
license, permit, or non-driver identification card
]
.

(cf: �P.L.2019, c.271, s.6)

���� 5.��� R.S.39:3-10 is amended
to read as follows:

���� 39:3-10. a. A person shall not
drive a motor vehicle on a public highway in this State unless the person is
under supervision while participating in a behind-the-wheel driving course
pursuant to section 6 of P.L.1977, c.25 (C.39:3-13.2a) or is in possession of a
validated permit, or a probationary or basic driver's license issued to that
person in accordance with this article.

���� b.��� A person under 18 years
of age shall not be issued a basic license to drive motor vehicles, and a
person shall not be issued a validated permit, including a validated
examination permit, until the applicant has passed a satisfactory examination
and other requirements as to the applicant's ability as an operator.� The
examination shall include: a test of the applicant's vision; the applicant's
ability to understand traffic control devices; the applicant's knowledge of
safe driving practices, including the dangers of driving a vehicle in an
aggressive manner, which shall include, but not be limited to, unexpectedly
altering the speed of a vehicle, making improper or erratic traffic lane
changes, disregarding traffic control devices, failing to yield the right of
way, and following another vehicle too closely; the applicant's knowledge of
operating a motor vehicle in a manner that safely shares the roadway with
pedestrians, cyclists, skaters, riders of motorized-scooters, and other
non-motorized vehicles, which shall include, but not be limited to, a driver's
responsibilities when approaching and passing a pedestrian or person operating
a bicycle or personal conveyance on the roadway pursuant to P.L.2021, c.194
(C.39:4-92.4) and the penalties for failing to comply with these
responsibilities, recognizing bicycle lanes, navigating intersections with
pedestrians and cyclists, and exiting a vehicle without endangering pedestrians
and cyclists; the applicant's knowledge of the effects that ingestion of
alcohol or drugs has on a person's ability to operate a motor vehicle; the
applicant's knowledge of the dangers of carbon monoxide poisoning from motor
vehicles and techniques for the safe operation and proper maintenance of a
motor vehicle; the applicant's knowledge of portions of the mechanism of motor
vehicles as is necessary to ensure the safe operation of a vehicle of the kind
or kinds indicated by the applicant; and the applicant's knowledge of the laws
and ordinary usages of the road.�
[
The
examination shall be made available in English and each of the three languages,
other than English, most commonly spoken in the State, as determined by the
chief administrator.� The chief administrator shall periodically, and at least
every five years, verify the three languages, other than English, most commonly
spoken in the State.
]

���� c.���� A person shall not sit
for an examination for any permit without exhibiting photo identification
deemed acceptable by the commission, unless that person is a high school
student participating in a course of automobile driving education approved by
the State Department of Education and conducted in a public, parochial, or
private school of this State, pursuant to section 1 of P.L.1950, c.127
(C.39:3-13.1).

���� Prior to taking an examination
for any permit, a person shall watch a video created by the commission, in
conjunction with the Attorney General, explaining the rights and
responsibilities of a driver stopped by a law enforcement officer.� The video
shall be used for informational purposes only and shall not be used in any
criminal proceeding involving a driver stopped by a law enforcement officer.

���� The commission may waive the
written law knowledge examination for any person 18 years of age or older
possessing a valid driver's license issued by any other state, the District of
Columbia, or the United States Territories of American Samoa, Guam, Northern
Mariana Islands, Puerto Rico, or the Virgin Islands.� The commission shall be
required to provide that person with a booklet that highlights those motor
vehicle laws unique to New Jersey.� A road test shall be required for a
probationary license and serve as a demonstration of the applicant's ability to
operate a vehicle of the class designated.� During the road test, an applicant
may use a rear visibility system, parking sensors, or other technology
installed on the motor vehicle that enables the applicant to view areas
directly behind the vehicle or alerts the applicant of obstacles while parking.

���� d.��� A person shall not sit
for a road test unless that person exhibits photo identification deemed
acceptable by the commission.� A high school student who has completed a course
of behind-the-wheel automobile driving education approved by the State Department
of Education and conducted in a public, parochial, or private school of this
State, who has been issued a special learner's permit pursuant to section 1 of
P.L.1950, c.127 (C.39:3-13.1) prior to January 1, 2003, shall not be required
to exhibit photo identification in order to sit for a road test.� The
commission may waive the road test for any person 18 years of age or older
possessing a valid driver's license issued by any other state, the District of
Columbia, or the United States Territories of American Samoa, Guam, Northern
Mariana Islands, Puerto Rico, or the Virgin Islands.� The road test shall be
given on public streets, where practicable and feasible, but may be preceded by
an off-street screening process to assess basic skills.� The commission shall
approve locations for the road test which pose no more than a minimal risk of
injury to the applicant, the examiner, and other motorists.� New locations for
the road test shall not be approved unless the test can be given on public
streets.

���� e.���� A person who
successfully completes a road test for a motorcycle license or a motorcycle
endorsement when operating a motorcycle or motorized scooter with an engine
displacement of less than 231 cubic centimeters shall be issued a motorcycle
license or endorsement restricting the person's operation of the vehicles to
any motorcycle with an engine displacement of 500 cubic centimeters or less.� A
person who successfully completes a road test for a motorcycle license or
motorcycle endorsement when operating a motorcycle with an engine displacement
of 231 or more cubic centimeters shall be issued a motorcycle license or
endorsement without any restriction as to engine displacement.� Any person who
successfully completes an approved motorcycle safety education course
established pursuant to the provisions of section 1 of P.L.1991, c.452
(C.27:5F-36) shall be issued a motorcycle license or endorsement without
restriction as to engine displacement.

���� f.����
[
A person
issued a motorcycle license pursuant to this section may be issued a standard
motorcycle license or a REAL ID motorcycle license. The chief administrator
shall require an applicant for a standard motorcycle license to provide as
proof of the applicant's identity, age, and residence primary and secondary
documents, with which the chief administrator shall attribute point values in
accordance with the point based identification verification program established
pursuant to section 28 of P.L.2003, c.13 (C.39:2A-28).� The point total
required to prove the identity of an applicant for the standard motorcycle
license shall be the same for every applicant, regardless of immigration
status.� In the event that the commission changes the point total threshold,
the requirement that every applicant reach the same point total threshold shall
remain in effect.

���� In addition to requiring the
person to submit satisfactory proof of identity and age, the commission shall
require the person to provide:

���� (1)�� as a condition for
obtaining a standard motorcycle license, proof of the person's social security
number and one document providing satisfactory proof that the person is a New
Jersey resident.

���� If the person does not have a
social security number, the person shall either:

���� (a)�� provide satisfactory
proof of an Individual Taxpayer Identification Number; or

���� (b)�� indicate, in a manner
prescribed by the commission and consistent with all other provisions of
P.L.2019, c.271 (C.39:3-10o et al.), that the person is not eligible to receive
a social security number; or

���� (2)�� as a condition for
obtaining a REAL ID motorcycle license: two documents providing satisfactory
proof that the person is a New Jersey resident; proof of the person's social
security number or verification of ineligibility for a social security number
in accordance with the "REAL ID Act of 2005," Pub.L.109-13, any acts
amendatory or supplementary thereto, and any federal regulations adopted
thereunder; and proof that the person's presence in the United States is
authorized under federal law.

���� A standard motorcycle license
shall indicate that the license shall not be accepted as identification for an
official purpose, as that term is defined under the "REAL ID Act of
2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any
federal regulations adopted thereunder.
]

(Deleted by amendment, P.L. , c. ) (pending before the Legislature as this
bill)

���� g.��� The commission shall
issue a
[
standard
]
basic
driver's license
[
or
a REAL ID basic driver's license
]

to operate a motor vehicle other than a motorcycle to a person over 18 years of
age who previously has not been licensed to drive a motor vehicle in this State
or another jurisdiction only if that person has: (1) operated a passenger
automobile in compliance with the requirements of this Title for not less than
one year, not including any period of suspension or postponement, from the date
of issuance of a probationary license pursuant to section 4 of P.L.1950, c.127
(C.39:3-13.4); (2) not been assessed more than two motor vehicle points; (3)
not been convicted in the previous year for a violation of R.S.39:4-50, section
2 of P.L.1981, c.512 (C.39:4-50.4a), section 1 of P.L.1992, c.189
(C.39:4-50.14), R.S.39:4-129, N.J.S.2C:11-5, section 1 of P.L.2017, c.165
(C.2C:11-5.3), subsection c. of N.J.S.2C:12-1, or any other motor
vehicle-related violation the commission determines to be significant and
applicable pursuant to regulation; and (4) passed an examination of the
applicant's ability to operate a motor vehicle pursuant to this section.

���� h.��� The commission shall
expand the driver's license examination by 20 percent. The additional questions
to be added shall consist solely of questions developed in conjunction with the
Department of Health concerning the use of alcohol or drugs as related to
highway safety. The commission shall develop, in conjunction with the
Department of Health, supplements to the driver's manual which shall include
information necessary to answer any question on the driver's license
examination concerning alcohol or drugs as related to highway safety.

���� Up to 20 questions may be
added to the examination on subjects to be determined by the commission that
are of particular relevance to youthful drivers, including the importance of
operating a motor vehicle in a manner that safely shares the roadway with pedestrians,
cyclists, skaters, riders of motorized-scooters, and other non-motorized
vehicles, which shall include, but not be limited to, a driver's
responsibilities when approaching and passing a pedestrian or person operating
a bicycle or personal conveyance on the roadway pursuant to P.L.2021, c.194
(C.39:4-92.4) and the penalties for failing to comply with these
responsibilities, recognizing bicycle lanes, navigating intersections with
pedestrians and cyclists, and exiting a vehicle without endangering pedestrians
and cyclists, and the dangers of driving a vehicle in an aggressive manner,
which shall include, but not be limited to, unexpectedly altering the speed of
a vehicle, making improper or erratic traffic lane changes, disregarding
traffic control devices, failing to yield the right of way, and following
another vehicle too closely, after consultation with the Director of the
Division of Highway Traffic Safety in the Department of Law and Public Safety.

���� The commission shall expand
the driver's license examination to include a question asking whether the
applicant is aware of the provisions of the "Revised Uniform Anatomical
Gift Act," P.L.2008, c.50 (C.26:6-77 et al.) and the procedure for indicating
on the driver's license the intention to make a donation of body organs or
tissues pursuant to section 1 of P.L.1978, c.181 (C.39:3-12.2).

���� The commission shall expand
the driver's license examination to include a question asking whether the
applicant is aware of the dangers of failing to comply with this State's motor
vehicle traffic laws and the "STOP for Nikhil Safety Pledge" set
forth in subsection e. of R.S.39:3-41.

���� The commission shall expand
the driver's license examination to include questions concerning the dangers of
carbon monoxide poisoning from motor vehicles and techniques for the safe
operation and proper maintenance of a motor vehicle.

���� i.���� Any person applying for
a driver's license to operate a motor vehicle or motorized bicycle in this
State shall surrender to the commission any current driver's license issued to
the applicant by another state or jurisdiction upon the applicant's receipt of
a driver's license for this State.� The commission shall refuse to issue a
driver's license if the applicant fails to comply with this provision. An
applicant for a permit or license who is under 18 years of age, and who holds a
permit or license for a passenger automobile issued by another state or country
that is valid or has expired within a time period designated by the commission,
shall be subject to the permit and license requirements and penalties
applicable to State permit and license applicants who are of the same age,
except that if the other state or country has permit or license standards
substantially similar to those of this State, the credentials of the other
state or country shall be acceptable.

���� j. (1) The commission shall
create classified licensing of drivers covering the following classifications:

���� (a) Motorcycles, except that
for the purposes of this section, motorcycle shall not include any
three-wheeled motor vehicle equipped with a single cab with glazing enclosing
the occupant, seats similar to those of a passenger vehicle or truck, seat
belts, and automotive steering or any vehicle defined as a motorcycle pursuant
to R.S.39:1-1 having a motor with a maximum piston displacement that is less
than 50 cubic centimeters or a motor that is rated at no more than 1.5 brake
horsepower with a maximum speed of no more than 35 miles per hour on a flat
surface.

���� (b) Omnibuses as classified by
R.S.39:3-10.1 and school buses classified under N.J.S.18A:39-1 et seq.

���� (c) (Deleted by amendment,
P.L.1999, c.28)

���� (d) All motor vehicles not
included in classifications (a) and (b).� A license issued pursuant to this
classification d. shall be referred to as the "basic driver's license
.
"

[
and
may be issued as a standard basic driver's license or a REAL ID basic driver's
license.
]

���� (2)�� Every applicant for a
license under classification b. shall be a holder of a basic driver's license.�
Any issuance of a license under classification b. shall be by endorsement on
the person's basic driver's license.

���� (3)�� A driver's license for
motorcycles may be issued separately, but if issued to the holder of a basic
driver's license, it shall be by endorsement on the person's basic driver's
license.� The holder of a basic driver's license or a separately issued motorcycle
license shall be authorized to operate a motorcycle having a motor with a
maximum piston displacement that is less than 50 cubic centimeters or a motor
that is rated at no more than 1.5 brake horsepower with a maximum speed no more
than 35 miles per hour on a flat surface.�

���� k.��� The commission, upon
payment of the lawful fee and after it or a person authorized by it has
examined the applicant and is satisfied of the applicant's ability as an
operator, may, in its discretion, issue a license to the applicant to drive a
motor vehicle.� The license shall authorize the person to drive any registered
vehicle, of the kind or kinds indicated.

���� l.���� The license shall
expire, except as otherwise provided, during the fourth calendar year following
the date in which the license was issued and on the same calendar day as the
person's date of birth.� If the person's date of birth does not correspond to a
calendar day of the fourth calendar year, the license shall expire on the last
day of the person's birth month.

���� The commission may, at its
discretion and for good cause shown, issue licenses
[
that
]

which shall
expire on a
date fixed by it.� If the commission issues a
[
REAL
ID basic driver's
]

license
[
or
REAL ID motorcycle license
]

to a person who has demonstrated authorization to be present in the United
States for a period of time shorter than the standard period of the license,
the commission shall fix the expiration date of the license at a date based on
the period in which the person is authorized to be present in the United States
under federal immigration laws. The commission may renew the
[
person's REAL
ID basic driver's
]

license
[
or
REAL ID motorcycle license
]

only if it is demonstrated that the person's continued presence in the United
States is authorized under federal law.� The fee for licenses with expiration
dates fixed by the commission shall be fixed by the commission in amounts
proportionately less or greater than the fee herein established.

���� m.�� The required fee for a
license for the license period shall be as follows
[
, subject to adjustment pursuant
to section 16 of P.L.2007, c.335 (C.39:2A-36.1)
]
:

�����������
[
Standard
motorcycle
]

Motorcycle
license or endorsement: $18.

�����������
[
REAL ID
motorcycle license: $29.
]

����������� Omnibus or school bus
endorsement: $18.

�����������
[
Standard basic
]

Basic

driver's license: $18.

�����������
[
REAL ID basic
driver's license: $29.
]

���� The commission shall waive the
payment of fees for issuance of omnibus endorsements whenever an applicant
establishes to the commission's satisfaction that the applicant will use the
omnibus endorsement exclusively for operating omnibuses owned by a nonprofit
organization duly incorporated under Title 15 or 16 of the Revised Statutes or
Title 15A of the New Jersey Statutes.

���� n.��� The commission shall
issue licenses for the following license period on and after the first day of
the calendar month immediately preceding the commencement of the period, the
licenses to be effective immediately.

���� o.��� All applications for
renewals of licenses shall be made in a manner prescribed by the commission and
in accordance with procedures established by it.

���� p.��� The commission in its
discretion may refuse to grant a permit or license to drive motor vehicles to a
person who is, in its estimation, not a proper person to be granted a permit or
license, but a defect of the applicant shall not debar the applicant from
receiving a permit or license unless it can be shown by tests approved by the
commission that the defect incapacitates the applicant from safely operating a
motor vehicle.

���� q.
[
� A person issued a basic
driver's license pursuant to this section may be issued a standard basic
driver's license or a REAL ID basic driver's license.� The chief administrator
shall require an applicant for a standard basic driver's license to provide as
proof of the applicant's identity, age, and residence primary and secondary
documents, with which the chief administrator shall attribute point values in
accordance with the point based identification verification program established
pursuant to section 28 of P.L.2003, c.13 (C.39:2A-28).� The point total
required to prove the identity of an applicant for the standard basic driver's
license shall be the same for every applicant, regardless of immigration
status.� In the event that the commission changes the point total threshold,
the requirement that every applicant reach the same point total threshold shall
remain in effect.
]

(Deleted by amendment, P.L. , c. ) (pending before the Legislature as this
bill)

���� r.���� In addition to
requiring an applicant for a driver's license to submit satisfactory proof of
identity and age, the commission also shall require the applicant to provide
[
:

���� (1)��
]

,
as a
condition for obtaining a permit and
[
standard
basic driver's
]

license,
[
proof
of the person's social security number and one document providing
]
satisfactory
proof
[
that
the applicant is a New Jersey resident.� If the person does not have a social
security number, the person shall either:

���� (a)�� provide satisfactory
proof of an Individual Taxpayer Identification Number; or

���� (b)�� indicate, in a manner
prescribed by the commission and consistent with all other provisions of
P.L.2019, c.271 (C.39:3-10o et al.), that the person is not eligible to receive
a social security number; or

���� (2)�� as a condition for
obtaining a REAL ID basic driver's license: two documents providing
satisfactory proof that the applicant is a New Jersey resident; proof of the
applicant's social security number or verification of ineligibility for a
social security number in accordance with the "REAL ID Act of 2005,"
Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal
regulations adopted thereunder; and proof
]

that the applicant's presence in the United States is authorized under federal
law.

���� s.����
[
A standard
basic driver's license shall indicate that the license shall not be accepted as
identification for an official purpose, as that term is defined under the
"REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or
supplementary thereto, and any federal regulations adopted thereunder.
]

(Deleted
by amendment, P.L. , c. ) (pending before the Legislature as this bill)

���� t.���� If the commission has
reasonable cause to suspect that any document presented by an applicant
[
pursuant to
this section
]

as proof of identity, age, or legal residency
is altered, false, or
otherwise invalid, the commission shall refuse to grant the permit or license
until the time when the document may be verified by the issuing agency to the
commission's satisfaction.

���� u.��� A person violating this
section shall be subject to a fine not exceeding $500 or imprisonment in the
county jail for not more than 60 days, but if that person has never been
licensed to drive in this State or any other jurisdiction, the applicant shall
be subject to a fine of not less than $200 and, in addition, the court shall
issue an order to the commission requiring the commission to refuse to issue a
license to operate a motor vehicle to the person for a period of not less than
180 days.� The penalties provided for by this paragraph shall not be applicable
in cases where failure to have actual possession of the operator's license is
due to an administrative or technical error by the commission.

���� v.��� Nothing in this section
shall be construed to alter or extend the expiration of any license issued
prior to the date this amendatory and supplementary act becomes operative.

���� w.��
[
Any documents
and personal information, including an applicant's photograph, obtained by the
commission from an applicant for a standard basic driver's license or standard
motorcycle license shall be confidential, shall not be considered a government
record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404
(C.47:1A-5 et al.), or the common law concerning access to government records
and shall not be disclosed by the commission for any purpose related to Title 8
of the United States Code without the informed consent of the applicant, a
warrant signed by a State or federal judge, or a lawful court order or
subpoena, except that nothing in this section shall be construed to prohibit,
or in any way restrict, any action where such prohibition or restriction would
be contrary to federal law and except that information under this subsection
may be shared in accordance with section 2 of P.L.2021, c.139 (C.39:2-3.9).�
When responding to a warrant, court order, or subpoena, the commission may
disclose only those records or information specifically requested in the
warrant, court order, or subpoena.

���� Possession of a standard basic
driver's license or standard motorcycle license issued pursuant to this section
shall not be considered evidence of an individual's citizenship or immigration
status and shall not be used as a basis for an investigation, arrest, citation,
prosecution, or detention.

���� Information regarding an
applicant's Individual Taxpayer Identification Number, social security number,
or ineligibility to receive a social security number obtained by the commission
for the issuance of a standard motorcycle license or standard basic driver's
license pursuant to this section, shall not be considered a government record
pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et
al.), or the common law concerning access to government records, and shall not
be disclosed by the commission except where: (1) required by section 11 of
P.L.1998, c.1 (C.2A:17-56.60); (2) the applicant provides written informed
consent to the disclosure; (3) the requesting entity presents a warrant signed
by a State or federal judge, a lawful court order, or a subpoena; (4) required
by State or federal law, and to the extent that the disclosure may be necessary
to permit the State to participate in the National Driver Register program, as
set forth in 49 U.S.C. s.30301 et seq.; (5) the disclosure is in connection
with an audit or investigation of identity fraud, driver's license fraud, or
non-driver identification card fraud; or (6) consistent with section 2 of
P.L.2021, c.139 (C.39:2-3.9).
]

(Deleted by amendment, P.L. , c. ) (pending before the Legislature as this
bill)

���� x.��� As used in this section:

���� "Parking sensors"
means proximity sensors which use either electromagnetic or ultrasonic
technology and are designed to alert the driver to obstacles while parking.

���� "Rear visibility
system" means devices or components installed on a motor vehicle at the
time of manufacture that allow a forward facing driver to view a visual image
of the area directly behind the vehicle.

(cf: �P.L.2025, c.103, s.1)

���� 6.��� R.S.39:3-31 is amended
to read as follows:

���� 39:3-31.
[
a.
]
The chief
administrator, upon presentation of a statement duly sworn to, stating that the
original registration certificate or original motorized bicycle registration
certificate has been destroyed, lost or stolen, may, if the chief administrator
is satisfied that the facts as set forth in the statement are substantially
true, issue a duplicate or amended registration certificate or motorized
bicycle registration certificate to the original holder thereof, upon the
payment to the chief administrator of a fee of $5 for each duplicate or amended
registration certificate or motorized bicycle registration certificate so
issued.� The chief administrator, upon presentation of a statement, duly sworn
to, stating that the original driver's license has been destroyed, lost or
stolen, or requesting a new color photograph, may, if the chief administrator
is satisfied that the facts as set forth in the statement are substantially
true, issue a duplicate driver's license to the original holder thereof, upon
payment to the chief administrator of a fee of $5 in addition to the digitized
photograph fee.� Notwithstanding any other provision of law to the contrary,
the fee for a duplicate or amended registration certificate for any new
passenger automobile required to be registered for a 48-month term or for any
new passenger automobile leased for a term of more than 12 months pursuant to
R.S.39:3-4, shall be $11.

���� b.���
[
The chief
administrator may waive the fee imposed for a duplicate license under
subsection a. of this section if the applicant, at the time of application: is
applying for a REAL ID license, as that term is defined in R.S.39:1-1;
currently holds a valid license to operate a motor vehicle issued by the
commission; and is not eligible to renew the applicant's current license.� The
chief administrator's authority to waive the duplicate license fee under this
subsection shall expire on October 1, 2020.� In order to receive a REAL ID
license pursuant to this subsection, the applicant shall first surrender to the
commission the applicant's current license to operate a motor vehicle.
]

(Deleted
by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: �P.L.2019, c.271, s.9)

���� 7.��� Section 1 of P.L.1979,
c.261 (C.39:3-10f) is amended to read as follows:

���� 1.��� In addition to the
requirements for the form and content of a motor vehicle driver's license under
R.S.39:3-10 and a probationary license issued under section 4 of P.L.1950,
c.127 (C.39:3-13.4), on and after the operative date of P.L.2001, c.391
(C.39:3-10f4 et al.), each initial New Jersey license, each renewal of a New
Jersey driver's license, and each probationary license shall have a digitized
photograph of the licensee. All licenses issued on and after January 1, 2000
shall be valid for a period of 48 calendar months. However, the chief
administrator may, at the chief administrator's discretion, issue licenses and
endorsements that shall expire on a date fixed by the chief administrator.� The
fee for those licenses or endorsements shall be fixed in amounts
proportionately less or greater than the fee otherwise established.
Notwithstanding the provisions of this section to the contrary, a person 70
years of age or older may elect to have a license issued for a period of two or
four years, which election shall not be altered by the chief administrator.�
The fee for the two-year
[
standard
]
license shall
be $9, in addition to the fee for a digitized photograph established in section
4 of P.L.2001, c.391 (C.39:3-10f4).�
[
The
fee for a two-year REAL ID license shall be $14.50, in addition to the fee for
a digitized photograph established in section 4 of P.L.2001, c.391
(C.39:3-10f4).
]
�
The chief administrator may, for good cause, extend a license and any
endorsement thereon beyond their expiration dates for periods not to exceed 12
additional months.� The chief administrator may extend the expiration date of a
license and any endorsement thereon without payment of a proportionate fee when
the chief administrator determines that the extension is necessary for good
cause.� If any license and endorsements thereon are so extended, the licensee
shall pay upon renewal the full license fee for the period fixed by the chief
administrator as if no extension had been granted.

���� Each initial driver's license
issued to a person under the age of 21 after the effective date of P.L.1999,
c.28 (C.39:3-10f1 et al.) shall be conspicuously distinct, through the use of
color and design, from the driver's licenses issued to persons 21 years of age
or older. The chief administrator, in consultation with the Superintendent of
State Police, shall determine the color and the manner in which the license is
designed to achieve this result.� The license shall bear the words "UNDER
21" in a conspicuous manner.� The chief administrator shall provide that,
upon attaining the age of 21, a licensee shall be issued a replacement driver's
license or a new license, as appropriate.� The fee for a replacement license
shall be $5 in addition to the digitized photograph fee.

���� As a condition for the renewal
of a driver's license, the chief administrator shall provide that the
photograph of a licensee be updated, except that the chief administrator may
elect to use a stored photograph for two consecutive four-year renewal periods
for $18
[
for
a standard license per renewal and $29 for a REAL ID license
]
per renewal,
in addition to the digitized photograph fee.� The chief administrator shall not
use a stored photograph for more than 12 years except as otherwise provided in
this section.�

���� The holder of a standard basic
driver's license who is 65 years of age or older shall not be required to
update the person's driver's license photograph upon renewal and shall be
eligible to use a stored photograph for each standard driver's license renewal.

���� In addition to any other
extension, the chief administrator shall allow a person to use a stored
photograph to renew a license for a period not exceeding one year if the person
presents documentation by a licensed physician that the person is undergoing medical
treatment for an illness and the treatment results in temporary changes to the
person's physical characteristics.� The fee for this extension shall be $18
[
for a standard
license and $29 for a REAL ID license
]

and the person shall not be required to pay the digitized photograph fee
pursuant to section 4 of P.L.2001, c.391 (C.39:3-10f4).

���� Whenever a person has
reconstructive or cosmetic surgery which significantly alters the person's
facial features, the person shall notify the chief administrator who may
require the photograph of the licensee to be updated for $5 in addition to the
digitized photograph fee.

���� Nothing in this section shall
be construed to alter or change any expiration date on any New Jersey driver's
license issued prior to the operative date of P.L.2001, c.391 (C.39:3-10f4 et
al.) and, unless a licensee's driving privileges are otherwise suspended or
revoked, except as provided in R.S.39:3-10, that license shall remain valid
until that expiration date.

���� Specific use of the driver's
license and any information stored or encoded, electronically or otherwise, in
relation thereto shall be in accordance with P.L.1997, c.188 (C.39:2-3.3 et
seq.) and the federal "Driver's Privacy Protection Act of 1994,"
Pub.L.103-322.� Notwithstanding the provisions of any other law to the
contrary, the digitized photograph or any access thereto or any use thereof
shall not be sold, leased, or exchanged for value.

(cf: �P.L.2020, c.77, s.1)

���� 8.��� R.S.39:3-13 is amended
to read as follows:

���� 39:3-13. a. The chief
administrator may, in the chief administrator's discretion, issue to a person
over 17 years of age an examination permit, under the hand and seal of the
chief administrator, allowing that person, for the purpose of fitting the person
to become a licensed driver, to operate a designated class of motor vehicles
other than passenger automobiles and motorcycles for a specified period of not
more than 90 days, while in the company and under the supervision of a driver
licensed to operate the designated class of motor vehicles.

���� b.��� The chief administrator,
in the chief administrator's discretion, may issue for a specified period of
not less than one year a passenger automobile or motorcycle-only examination
permit to a person over 17 years of age regardless of whether a person has completed
a course of behind-the-wheel automobile driving education pursuant to section 1
of P.L.1950, c.127 (C.39:3-13.1).� An examination permit applicant who is under
18 years of age shall obtain the signature of a parent or guardian for
submission to the commission on a form prescribed by the chief administrator.�
The chief administrator shall postpone for six months the driving privileges of
any person who submits a fraudulent signature for a parent or guardian.

���� c.���� For six months
immediately following the validation of an examination permit, and until the
holder passes the road test, the holder who is less than 21 years of age shall
operate the passenger automobile only when accompanied by, and under the
supervision of, a New Jersey licensed driver who is at least 21 years of age
and has been licensed to drive a passenger automobile for not less than three
years.� The holder of an examination permit who is at least 21 years of age
shall operate the passenger automobile for the first three months under this
supervision and until the holder passes the road test. The supervising driver
of the passenger automobile shall sit in the front seat of the vehicle.�
Whenever operating a vehicle while in possession of an examination permit, the
holder of the permit shall operate the passenger automobile with only one
additional passenger in the vehicle excluding dependents of the permit holder,
except that this passenger restriction shall not apply when the permit holder
is at least 21 years of age or when the permit holder is accompanied by a
parent or guardian.� Further, the holder of the passenger automobile permit who
is less than 21 years of age shall not drive during the hours between 11:01
p.m. and 5:00 a.m.; provided, however, that this condition may be waived for an
emergency which, in the judgment of local police, is of sufficient severity and
magnitude to substantially endanger the health, safety, welfare, or property of
a person, or for any bona fide employment or religion-related activity if the
employer or appropriate religious authority provides written verification of
the activity in a manner provided for by the chief administrator.� The holder
of the examination permit shall not use any hand-held or hands-free interactive
wireless communication device, except in an emergency, while operating a moving
passenger automobile on a public road or highway.� "Use" shall
include, but not be limited to, talking or listening on any hand-held or
hands-free interactive wireless communication device or operating its keys,
buttons, or other controls. The passenger automobile permit holder shall ensure
that all occupants of the vehicle are secured in a properly adjusted and
fastened seat belt or child restraint system.

���� d.��� The holder of an
examination permit subject to the provisions of section 1 of P.L.1977, c.23
(C.39:3-10b) shall not operate a motorcycle at any time from a half-hour after
sunset to a half-hour before sunrise. A motorcycle operated by the holder of an
examination permit shall carry only the operator and shall not be operated on
any toll road over which the New Jersey Turnpike Authority or the South Jersey
Transportation Authority has jurisdiction or on any limited-access interstate
highway.

���� e.���� The holder of any
examination permit shall not operate a motorcycle having a motor with a maximum
piston displacement that is less than 50 cubic centimeters or a motor that is
rated at no more than 1.5 brake horsepower with a maximum speed of no more than
35 miles per hour on a flat surface at any time from a half-hour after sunset
to a half-hour before sunrise and shall not operate the motorcycle with any
other passenger.� The holder of any examination permit shall not operate such a
motorcycle upon limited-access interstate highways or public roads or highways
with a posted speed limit greater than 35 miles per hour.

���� f.���� An applicant for an
examination permit subject to the provisions of section 1 of P.L.1977, c.23
(C.39:3-10b), who is less than 18 years of age, shall be required to
successfully complete a motorcycle safety education course established pursuant
to the provisions of section 1 of P.L.1991, c.452 (C.27:5F-36) as a condition
for obtaining a motorcycle license or endorsement.

���� g.��� The chief administrator
shall provide the holder of an examination permit with two removable,
transferable, highly visible, reflective decals indicating that the driver of
the vehicle may be the holder of an examination permit.� The decals shall be
designed by the chief administrator, in consultation with the Division of
Highway Traffic Safety in the Department of Law and Public Safety.� The chief
administrator may charge a fee for the decals not to exceed the actual cost of
producing and distributing the decals.� The decals shall be displayed in a
manner prescribed by the chief administrator, in consultation with the Division
of Highway Traffic Safety in the Department of Law and Public Safety, and shall
be clearly visible to law enforcement officers.� The holder of an examination
permit shall not operate a vehicle unless the decals are displayed.� The decal
shall be removed once the driver's examination permit period has ended.

���� h.��� When notified by a court
of competent jurisdiction that an examination permit holder has been convicted
of a violation which causes the permit holder to accumulate more than two motor
vehicle points or has been convicted of a violation of: R.S.39:4-50; section 2
of P.L.1981, c.512 (C.39:4-50.4a); section 1 of P.L.1992, c.189 (C.39:4-50.14);
R.S.39:4-129; N.J.S.2C:11-5; section 1 of P.L.2017, c.165 (C.2C:11-5.3);
subsection c. of N.J.S.2C:12-1; or any other motor vehicle-related law the
chief administrator deems significant and applicable pursuant to regulation, in
addition to any other penalty that may be imposed, the chief administrator
shall, without the exercise of discretion or a hearing, suspend the examination
permit holder's examination permit for 90 days.� The chief administrator shall
restore the permit following the term of the permit suspension if the permit
holder satisfactorily completes a remedial training course of not less than
four hours which may be given by the commission, a driving school licensed by
the chief administrator pursuant to section 2 of P.L.1951, c.216 (C.39:12-2),
or any Statewide safety organization approved by the chief administrator.� The
course shall be subject to oversight by the commission according to its
guidelines.� The permit holder shall also remit a course fee prior to the
commencement of the course.� The chief administrator also shall postpone
without the exercise of discretion or a hearing the issuance of a basic license
for 90 days if the chief administrator is notified by a court of competent
jurisdiction that the examination permit holder, after completion of the
remedial training course, has been convicted of any motor vehicle violation
which results in the imposition of any motor vehicle points or has been convicted
of a violation of: R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a);
section 1 of P.L.1992, c.189 (C.39:4-50.14); R.S.39:4-129; N.J.S.2C:11-5;
subsection c. of N.J.S.2C:12-1; or any other motor vehicle-related law the
chief administrator deems significant and applicable pursuant to regulation.�
When the chief administrator is notified by a court of competent jurisdiction
that an examination permit holder has been convicted of any alcohol or
drug-related offense unrelated to the operation of a motor vehicle and is not
otherwise subject to any other suspension penalty therefor, the chief
administrator shall, without the exercise of discretion or a hearing, suspend
the examination permit for six months.

���� i.���� An examination permit
for a motorcycle or a commercial motor vehicle issued to a person with a
disability, as determined by the New Jersey Motor Vehicle Commission after
consultation with the Department of Education, shall be valid for nine months
or until the completion of the road test portion of the license examination,
whichever period is shorter.

���� j.���� Each permit shall be
sufficient license for the person to operate the designated class of motor
vehicles in this State during the period specified, while in the company of and
under the control of a driver licensed by this State to operate the designated
class of motor vehicles, or, in the case of a commercial driver license permit,
while in the company of and under the control of a holder of a valid commercial
driver license for the appropriate license class and with the appropriate
endorsements issued by this or any other state. The person, as well as the
licensed driver, except for a motor vehicle examiner administering a driving
skills test, shall be held accountable for all violations of this subtitle
committed by the person while in the presence of the licensed driver.

���� k.��� In addition to requiring
an applicant for an examination permit to submit satisfactory proof of identity
and age
[
in
accordance with the type of license for which the applicant has applied
]
, the chief
administrator also shall require the applicant to provide
[
the requisite
number of documents providing
]

as a condition for obtaining the permit,
satisfactory proof that the
[
applicant is a
resident of the State in accordance with the provisions of R.S.39:3-10
]

applicant�s
presence in the United States is authorized under federal law
.

���� l.����
[
Any documents
and personal information, including an applicant's photograph, obtained by the
commission from an applicant for a standard permit shall be confidential, shall
not be considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et
seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access
to government records, and shall not be disclosed by the commission for any
purposes related to Title 8 of the United States Code without the informed
consent of the applicant, a warrant signed by a State or federal judge, or a
lawful court order or subpoena; except that nothing in this section shall be
construed to prohibit, or in any way restrict, any action where such
prohibition or restriction would be contrary to federal law; and except that
information under this subsection may be shared in accordance with section 2 of
P.L.2021, c.139 (C.39:2-3.9).� When responding to a warrant, court order, or
subpoena, the commission may disclose only those records or information
specifically requested in the warrant, court order, or subpoena.

���� Possession of a standard
permit issued pursuant to this section shall not be considered evidence of an
individual's citizenship or immigration status and shall not be used as a basis
for an investigation, arrest, citation, prosecution, or detention.

���� Information regarding an
applicant's Individual� Taxpayer Identification Number, social security number,
or ineligibility to receive a social security number obtained by the commission
for the issuance of a standard permit pursuant to this section, shall not be
considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.),
P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to
government records, and shall not be disclosed by the commission except where:
(1) required by section 11 of P.L.1998, c.1 (C.2A:17-56.60); (2) the applicant
provides written informed consent to the disclosure; (3) the requesting entity
presents a warrant signed by a State or federal judge, a lawful court order, or
a subpoena; (4) required by State or federal law, and to the extent that the
disclosure may be necessary to permit the State to participate in the National
Driver Register program, as set forth in 49 U.S.C. s.30301 et seq.; (5) the
disclosure is in connection with an audit or investigation of identity fraud,
driver's license fraud, or non-driver identification card fraud; or (6)
consistent with section 2 of P.L.2021, c.139 (C.39:2-3.9).
]

(Deleted
by amendment, P.L. , c. ) (pending before the Legislature as this bill)

���� m.�� If the chief
administrator has reasonable cause to suspect that any document presented by an
applicant
[
pursuant
to this section
]

as proof of identity, age, or legal residency
is altered, false, or
otherwise invalid, the chief administrator shall refuse to grant the permit
until the document is verified by the issuing agency to the chief
administrator's satisfaction.

���� n.���
[
A person
violating this section shall be subject to a fine not exceeding $500 or
imprisonment in the county jail for not more than 60 days, but if that person
has never been licensed to drive in this State or any other jurisdiction, the
applicant shall be subject to a fine of not less than $200 and, in addition,
the court shall issue an order to the commission requiring the commission to
refuse to issue a license to operate a motor vehicle to the person for a period
of not less than 180 days.
]

(Deleted by amendment, P.L. , c. ) (pending before the Legislature as this
bill)

���� o.��� A probationary driver's
license shall not be issued to the holder of an examination permit under the
age of 21 unless the permit holder completes a minimum of 50 hours of practice
driving, 10 hours of which shall be completed during hours of darkness.� The
permit holder's parent or guardian, or the person who accompanied and
supervised the permit holder during the practice driving, shall certify, in a
form and manner determined by the chief administrator, that the permit holder
has completed the required number of hours of practice driving, including the
required number of hours during hours of darkness.� The chief administrator
shall suspend for six months the driving privileges of any examination permit
holder who submits a fraudulent certification of a parent, guardian, or
supervising driver.

���� The holder of an examination
permit shall be required to take a road test in order to obtain a probationary
license.� No road test for any person who has been issued an examination permit
to operate a passenger vehicle shall be given unless the person has met the
requirements of this section.� No road test for a probationary license shall be
given unless the applicant has first secured an examination permit and no road
test shall be scheduled for an applicant who has secured an examination permit
for a passenger vehicle or a motorcycle for which an endorsement is not
required until at least six months, for an applicant under 21 years of age, or
three months, for an applicant 21 years of age or older, have elapsed following
the validation of the examination permit for practice driving, or, in the case
of an examination permit for other vehicles, until 20 days have elapsed. In the
case of an omnibus endorsement or school bus, no road test shall be scheduled
until at least 10 days shall have elapsed.� Every applicant for an examination
permit to qualify for an omnibus endorsement or an articulated vehicle
endorsement shall be a holder of a valid basic driver's license.

���� p.��� The required fees for
special learner's permits and examination permits shall be as follows:

���� Basic driver's
license...............................................up to $10

���� Motorcycle license or
endorsement...................................$5

���� Omnibus or school bus
endorsement................................$25

���� q.��� The chief administrator
shall waive the payment of fees for issuance of examination permits for omnibus
endorsements whenever the applicant establishes to the chief administrator's
satisfaction that the applicant will use the omnibus endorsement exclusively
for operating omnibuses owned by a nonprofit organization duly incorporated
under Title 15 or 16 of the Revised Statutes or Title 15A of the New Jersey
Statutes.

���� r.���� The specified period
for which a permit is issued may be extended for not more than an additional 60
days, without payment of an added fee, upon application made by the holder
thereof, where the holder has applied to take the examination for a driver's license
prior to the expiration of the original period for which the permit was issued
and the chief administrator was unable to schedule an examination during the
period.

���� s.���� As a condition for the
issuance of an examination permit under this section, the chief administrator
shall secure a digitized photograph of the applicant.� The photograph shall be
stored in a manner prescribed by the chief administrator and may be displayed
on the examination permit.

���� The chief administrator may
require that whenever a person to whom an examination permit has been issued
has reconstructive or cosmetic surgery which significantly alters the person's
facial features, the person shall notify the chief administrator who may
require the photograph of the person to be updated.

���� t.���� Specific use of the
examination permit and any information stored or encoded, electronically or
otherwise, in relation thereto shall be in accordance with P.L.1997, c.188
(C.39:2-3.3 et seq.), section 2 of P.L.2021, c.139 (C.39:2-3.9), and the
federal "Driver's Privacy Protection Act of 1994," Pub.L.103-322.�
Notwithstanding the provisions of any other law to the contrary, the digitized
photograph or any access thereto or any use thereof shall not be sold, leased,
or exchanged for value.

(cf: �P.L.2023, c.216, s.1)

���� 9.��� Section 1 of P.L.1950,
c.127 (C.39:3-13.1) is amended to read as follows:

���� 1. a. The Chief Administrator
of the New Jersey Motor Vehicle Commission may issue to a person over 16 years
of age a special learner's permit, under the hand and seal of the chief
administrator, allowing such person, for the purpose of preparing to qualify
for a probationary license for a passenger automobile by operating a dual pedal
controlled motor vehicle while taking a required course of behind-the-wheel
automobile driving education approved by the State Department of Education and
conducted in a public, parochial, or private school of this State or a course
of behind-the-wheel automobile driving instruction conducted by a drivers'
school duly licensed pursuant to the provisions of P.L.1951, c.216 (C.39:12-1
et seq.). The special learner's permit shall be issued in lieu of the
examination permit provided for in R.S.39:3-13.

���� b.��� In addition to requiring
an applicant for a permit to submit satisfactory proof of identity and age
[
in accordance
with the type of license for which the applicant has applied
]
, the chief
administrator also shall require the applicant to provide
[
the requisite
number of documents providing
]

, as a condition for obtaining the permit,
satisfactory proof that the
[
applicant is a
resident of the State
]

applicant�s presence in the United States is authorized under federal law
.

����
[
Any documents and personal
information, including an applicant's photograph, obtained by the commission
from an applicant for a standard permit shall be confidential, shall not be
considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.),
P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to
government records, and shall not be disclosed by the commission for any
purpose related to Title 8 of the United States Code without the informed
consent of the applicant, a warrant signed by a State or federal judge, or a
lawful court order or subpoena; except that nothing in this section shall be
construed to prohibit, or in any way restrict, any action where such
prohibition or restriction would be contrary to federal law; and except that
information under this subsection may be shared in accordance with section 2 of
P.L.2021, c.139 (C.39:2-3.9).� When responding to a warrant, court order, or
subpoena, the commission may disclose only those records or information
specifically requested in the warrant, court order, or subpoena.

���� Possession of a standard
permit issued pursuant to this section shall not be considered evidence of an
individual's citizenship or immigration status and shall not be used as a basis
for an investigation, arrest, citation, prosecution, or detention.

���� Information regarding an
applicant's Individual Tax Identification Number, social security number, or
ineligibility to receive a social security number obtained by the commission
for the issuance of a standard permit pursuant to this section, shall not be
considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.),
P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to
government records, and shall not be disclosed by the commission except where:
(1) required by section 11 of P.L.1998, c.1 (C.2A:17-56.60); (2) the applicant
provides written informed consent to the disclosure; (3) the requesting entity
presents a warrant signed by a State or federal judge, a lawful court order, or
a subpoena; (4) required by State or federal law, and to the extent that the
disclosure may be necessary to permit the State to participate in the National
Driver Register program, as set forth in 49 U.S.C. s.30301 et seq.; (5) the
disclosure is in connection with an audit or investigation of identity fraud,
driver's license fraud, or non-driver identification card fraud; or (6)
consistent with section 2 of P.L.2021, c.139 (C.39:2-3.9).
]

���� If the chief administrator has
reasonable cause to suspect that any document presented by an applicant
[
pursuant to
this section
]

as proof of identity, age, or legal residency
is altered, false or
otherwise invalid, the chief administrator shall refuse to grant the permit
until such time as the document may be verified by the issuing agency to the
chief administrator's satisfaction.

����
[
A person violating this section
shall be subject to a fine not exceeding $500 or imprisonment in the county
jail for not more than 60 days, but if that person has never been licensed to
drive in this State or any other jurisdiction, the applicant shall be subject
to a fine of not less than $200 and, in addition, the court shall issue an
order to the commission requiring the commission to refuse to issue a license
to operate a motor vehicle to the person for a period of not less than 180
days.
]

���� c.���� The special learner's
permit described above, when issued to a person taking a course of
behind-the-wheel driving education conducted in a public, parochial, or private
school, shall be retained in the office of the school principal at all times
except during such time as the person to whom the permit is issued is
undergoing behind-the-wheel automobile driving instruction.� The chief
administrator may make such rules and regulations as he may deem necessary to
carry out the provisions of this section.

(cf: �P.L.2021, c.139, s.6)

���� 10.� Section 4 of P.L.1950,
c.127 (C.39:3-13.4) is amended to read as follows:

���� 4. a. The holder of a special
learner's permit shall be entitled to a probationary driver's license upon: (1)
attaining the age of 17 years; (2) the satisfactory completion of an approved
behind-the-wheel driver training course as indicated upon the face of the
special learner's permit over the signature of the principal of the school or
the person operating the driving school in which the course was conducted; (3)
the completion of six months' driving experience with a validated special
learner's permit in compliance with the provisions of section 6 of P.L.1977,
c.25 (C.39:3-13.2a); (4) passing the road test pursuant to R.S.39:3-10; and (5)
completing a minimum of 50 hours of practice driving, 10 hours of which shall
be completed during hours of darkness.� The permit holder's parent or guardian,
or the person who accompanied and supervised the permit holder during the
practice driving shall certify, in a form and manner determined by the chief
administrator, that the permit holder has completed the required number of
hours of practice driving, including the required number of hours during hours
of darkness.� The chief administrator shall suspend for six months the driving
privileges of any special learner's permit holder who submits a fraudulent
certification of a parent, guardian, or supervising driver.

���� b.��� The holder of a
probationary license shall be permitted to operate a passenger automobile with
only one additional passenger in the vehicle besides any dependent of the
probationary license holder, except that this passenger restriction shall not
apply when the holder of the probationary license is at least 21 years of age
or the probationary license holder is accompanied by a parent or guardian.�
Further, the holder of the probationary license who is under 21 years of age
shall not drive during the hours between 11:01 p.m. and 5:00 a.m.; provided,
however, that this condition may be waived for an emergency which, in the
judgment of local police, is of sufficient severity and magnitude to
substantially endanger the health, safety, welfare, or property of a person or
for any bona fide employment or religion-related activity if the employer or
appropriate religious authority provides written verification of the activity
in a manner provided for by the chief administrator.

���� c.���� The holder of the
probationary license shall not use any hand-held or hands-free interactive
wireless communication device, except in an emergency, while operating a moving
passenger automobile on a public road or highway.� "Use" shall
include, but not be limited to, talking or listening on any hand-held or
hands-free interactive wireless communication device or operating its keys,
buttons, or other controls. In addition, the holder of the probationary license
shall ensure that all occupants of the vehicle are secured in a properly
adjusted and fastened seat belt or child restraint system.

���� d.��� In addition to any other
penalties provided under law, the holder of a probationary license who
accumulates more than two motor vehicle points or is convicted of a violation
of: R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); section 1 of
P.L.1992, c.189 (C.39:4-50.14); R.S.39:4-129; N.J.S.2C:11-5; section 1 of
P.L.2017, c.165 (C.2C:11-5.3); subsection c. of N.J.S.2C:12-1; or any other
motor vehicle law the chief administrator deems to be significant and
applicable pursuant to regulation shall, for the first violation, be required
to satisfactorily complete a remedial training course of not less than four
hours which may be given by the commission, a driving school licensed by the
chief administrator pursuant to section 2 of P.L.1951, c.216 (C.39:12-2), or
any Statewide safety organization approved by the chief administrator.� The
course shall be administered pursuant to rules and regulations promulgated by
the chief administrator and subject to oversight by the commission.� The
authority of the chief administrator to suspend, revoke, or deny issuance of an
initial or renewal license to operate a driving school or an instructor's
license, and to assess fines, pursuant to P.L.1951, c.216 (C.39:12-1 et seq.)
shall apply to any violations related to the administration of a remedial
training course. The license holder shall also remit a course fee prior to the
commencement of the course.

���� e.���� When notified by a
court of competent jurisdiction that a probationary license holder has been
convicted of a second or subsequent violation, in addition to any other
penalties provided under law, the chief administrator shall, without the
exercise of discretion or a hearing, suspend the probationary license for three
months, and shall postpone eligibility for a basic license for an equivalent
period.� In addition, when the chief administrator is notified by a court of
competent jurisdiction that a probationary license holder has been convicted of
any alcohol or drug-related offense unrelated to the operation of a motor
vehicle, and the probationary license holder is not otherwise subject to any
other suspension penalty therefor, the chief administrator shall, without the
exercise of discretion or a hearing, suspend the probationary license for six
months.

���� f.���� The chief administrator
shall provide the holder of a probationary license with two removable,
transferable, highly visible, reflective decals indicating that the driver of
the vehicle may be the holder of a probationary license.� The decals shall be
designed by the chief administrator, in consultation with the Division of
Highway Traffic Safety in the Department of Law and Public Safety.� The chief
administrator may charge a fee for the decals not to exceed the actual cost of
producing and distributing the decals.� The decals shall be displayed in a
manner prescribed by the chief administrator, in consultation with the Division
of Highway Traffic Safety in the Department of Law and Public Safety, and shall
be clearly visible to law enforcement officers.� The holder of a probationary
license shall not operate a vehicle unless the decals are displayed.� The decal
shall be removed once the driver's probationary license period has ended.

���� g.��� A probationary license
may be sent by mail and shall be clearly identifiable and distinguishable in
appearance from a basic license by any name, mark, color, or device deemed
appropriate by the chief administrator.

���� h.���
[
A person
issued a probationary license pursuant to this section may be issued a standard
probationary license or a REAL ID probationary license.� The chief
administrator shall require an applicant for a standard probationary license to
provide as proof of the applicant's identity, age, and residence primary and
secondary documents, with which the chief administrator shall attribute point
values in accordance with the point based identification verification program
established pursuant to section 28 of P.L.2003, c.13 (C.39:2A-28).� The point
total required to prove the identity of an applicant for the standard
probationary license shall be the same for every applicant, regardless of
immigration status.� In the event that the commission changes the point total
threshold, the requirement that every applicant reach the same point total
threshold shall remain in effect.

���� In addition to requiring an
applicant for a probationary license to submit satisfactory proof of identity
and age, the chief administrator shall require the applicant to provide:

���� (1) as a condition for
obtaining a standard probationary license, proof of the applicant's social
security number and one document providing satisfactory proof that the
applicant is a New Jersey resident.� If the applicant does not have a social
security number, the applicant shall either:

���� (a) provide satisfactory proof
of an Individual Taxpayer Identification Number; or

���� (b) indicate, in a manner
prescribed by the commission and consistent with all other provisions of
P.L.2019, c.271 (C.39:3-10o et al.), that the person is not eligible to receive
a social security number; or

���� (2) as a condition for
obtaining a REAL ID probationary license: two documents providing satisfactory
proof that the applicant is a New Jersey resident; proof of the applicant's
social security number or verification of ineligibility for a social security
number in accordance with the "REAL ID Act of 2005," Pub.L.109-13,
any acts amendatory or supplementary thereto, and any federal regulations
adopted thereunder; and proof that the applicant's presence in the United
States is authorized under federal law.

���� A standard probationary
license shall indicate that the license shall not be accepted as identification
for an official purpose, as that term is defined under the "REAL ID Act of
2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any
federal regulations adopted thereunder.

���� If the chief administrator has
reasonable cause to suspect that any document presented by an applicant
pursuant to this section is altered, false, or otherwise invalid, the chief
administrator shall refuse to grant the probationary license until such time as
the document may be verified by the issuing agency to the chief administrator's
satisfaction.

���� A person violating this
section shall be subject to a fine not exceeding $500 or imprisonment in the
county jail for not more than 60 days, but if that person has never been
licensed to drive in this State or any other jurisdiction, the applicant shall
be subject to a fine of not less than $200 and, in addition, the court shall
issue an order to the commission requiring the commission to refuse to issue a
license to operate a motor vehicle to the person for a period of not less than
180 days.
]

(Deleted by amendment, P.L. , c. ) (pending before the Legislature as this
bill)

���� i.����
[
Any documents
and personal information, including an applicant's photograph, obtained by the
commission from an applicant for a standard probationary license shall be
confidential, shall not be considered a government record pursuant to P.L.1963,
c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law
concerning access to government records, and shall not be disclosed by the
commission for any purpose related to Title 8 of the United States Code without
the informed consent of the applicant, a warrant signed by a State or federal
judge, or a lawful court order or subpoena; except that nothing in this section
shall be construed to prohibit, or in any way restrict, any action where� the
prohibition or restriction would be contrary to federal law; and except that
information under this subsection may be shared in accordance with section 2 of
P.L.2021, c.139 (C.39:2-3.9).� When responding to a warrant, court order, or
subpoena, the commission may disclose only those records or information
specifically requested in the warrant, court order, or subpoena.

���� Possession of a standard
probationary license issued pursuant to this section shall not be considered
evidence of an individual's citizenship or immigration status and shall not be
used as a basis for an investigation, arrest, citation, prosecution, or detention.

���� Information regarding an
applicant's Individual Taxpayer Identification Number, social security number,
or ineligibility to receive a social security number obtained by the commission
for the issuance of a standard probationary license pursuant to this section,
shall not be considered a government record pursuant to P.L.1963, c.73
(C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law
concerning access to government records, and shall not be disclosed by the
commission except where: (1) required by section 11 of P.L.1998, c.1
(C.2A:17-56.60); (2) the applicant provides written informed consent to the
disclosure; (3) the requesting entity presents a warrant signed by a State or
federal judge, a lawful court order, or a subpoena; (4) required by State or
federal law, and to the extent that the disclosure may be necessary to permit
the State to participate in the National Driver Register program, as set forth
in 49 U.S.C. s.30301 et seq.; (5) the disclosure is in connection with an audit
or investigation of identity fraud, driver's license fraud, or non-driver
identification card fraud; or (6) consistent with section 2 of P.L.2021, c.139
(C.39:2-3.9).
]

(Deleted by amendment, P.L. , c. ) (pending before the Legislature as this
bill)

(cf: �P.L.2023, c.216, s.2)

���� 11.� Section 2 of P.L.1980,
c.47 (C.39:3-29.3) is amended to read as follows:

���� 2. a. (1) The New Jersey Motor
Vehicle Commission shall issue an identification card to any resident of the
State who is 14 years of age or older and who is not the holder of a valid
permit or basic driver's license. The identification card shall attest to the
true name, correct age, and veteran status, upon submission of satisfactory
proof, by any veteran, and shall contain other identifying data as certified by
the applicant for such identification card. Every application for an
identification card shall be signed and verified by the applicant and shall be
accompanied by the written consent of at least one parent or the person's legal
guardian if the person is under 17 years of age and shall be supported by such
documentary evidence of the age, identity, and veteran status, or blindness, or
disability of such person as the chief administrator may require.

����
[
A person issued an identification
card pursuant to this section may be issued a standard identification card or a
REAL ID identification card.� The chief administrator shall require any
applicant for a standard identification card to provide as proof of the
applicant's identity, age, and residence primary and secondary documents, with
which the chief administrator shall attribute point values in accordance with
the point based identification verification program established pursuant to
section 28 of P.L.2003, c.13 (C.39:2A-28).� The point total required to prove
the identity of an applicant for the standard probationary license shall be the
same for every applicant, regardless of immigration status.� In the event that
the commission changes the point total threshold, the requirement that every
applicant reach the same point total threshold shall remain in effect.
]

���� In addition to requiring an
applicant for an identification card to submit satisfactory proof of identity,
age, and, if appropriate, veteran status, the chief administrator also shall
require the applicant to provide
[
:

���� (a)��
]
as a
condition for obtaining
[
a
standard identification
]

the
card,
[
proof
of the applicant's social security number and one document providing
]
satisfactory
proof
[
that
the applicant is a New Jersey resident.� If the applicant does not have a
social security number, the applicant shall either:

���� (i)��� provide satisfactory
proof of an Individual Taxpayer Identification Number; or

���� (ii)�� indicate, in a manner
prescribed by the commission and consistent with all other provisions of
P.L.2019, c.271 (C.39:3-10o et al.), that the applicant is not eligible to
receive a social security number; or

���� (b)�� as a condition for
obtaining a REAL ID identification card: two documents providing satisfactory
proof that the applicant is a New Jersey resident; proof of the applicant's
social security number or verification of ineligibility for a social security
number in accordance with the "REAL ID Act of 2005," Pub.L.109-13,
any acts amendatory or supplementary thereto, and any federal regulations
adopted thereunder; and proof
]

that the applicant's presence in the United States is authorized under federal
law.

����
[
Any documents and personal
information, including an applicant's photograph, obtained by the commission
from an applicant for a standard identification card shall be confidential,
shall not be considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1
et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning
access to government records, and shall not be disclosed by the commission for
any purposes related to Title 8 of the United States Code without the informed
consent of the applicant, a warrant signed by a State or federal judge, or a
lawful court order or subpoena; except that nothing in this section shall be
construed to prohibit, or in any way restrict, any action where such
prohibition or restriction would be contrary to federal law; and except that
information under this subsection may be shared in accordance with section 2 of
P.L.2021, c.139 (C.39:2-3.9).� When responding to a warrant, court order, or
subpoena, the commission may disclose only those records or information
specifically requested in the warrant, court order, or subpoena.

���� Possession of a standard
identification card issued pursuant to this section shall not be considered
evidence of an individual's citizenship or immigration status and shall not be
used as a basis for an investigation, arrest, citation, prosecution, or detention.

���� Information regarding an
applicant's Individual Tax Identification Number, social security number, or
ineligibility to receive a social security number obtained by the commission
for the issuance of a standard identification card pursuant to this section,
shall not be considered a government record pursuant to P.L.1963, c.73
(C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law
concerning access to government records, and shall not be disclosed by the
commission except where: (1) required by section 11 of P.L.1998, c.1
(C.2A:17-56.60); (2) the applicant provides written informed consent to the
disclosure; (3) the requesting entity presents a warrant signed by a State or
federal judge, a lawful court order, or a subpoena; (4) required by State or
federal law, and to the extent that the disclosure may be necessary to permit
the State to participate in the National Driver Register program, as set forth
in 49 U.S.C. s.30301 et seq.; (5) the disclosure is in connection with an audit
or investigation of identity fraud, driver's license fraud, or non-driver
identification card fraud; or (6) consistent with section 2 of P.L.2021, c.139
(C.39:2-3.9).
]

���� If the chief administrator has
reasonable cause to suspect that any document presented by an applicant
[
pursuant to
this section
]

as proof of identity, age, veteran status, or legal residency
is
altered, false or otherwise invalid, the chief administrator shall refuse to
grant the identification card until such time as the document may be verified
by the issuing agency to the chief administrator's satisfaction.

����
[
A person violating this section
shall be subject to a fine not exceeding $500 or imprisonment in the county
jail for not more than 60 days.
]

���� (2)�� In addition to the
requirements for the form and content of an identification card pursuant to
this section, the Chief Administrator of the New Jersey Motor Vehicle
Commission shall, upon submission of satisfactory proof, designate on an
identification card that the card holder is a Gold Star Family member.� The
commission shall provide to the Department of Military and Veterans' Affairs
personal identifying information for any person issued an identification card
with a Gold Star Family designation pursuant to this section.

���� b.��� The designation of
veteran status on an identification card shall not be deemed sufficient valid
proof of veteran status for official governmental purposes when any other
statute, or any regulation or other directive of a governmental entity,
requires documentation of veteran status.

���� c.���� For the purpose of this
section:

���� "Gold Star Family
member" means a spouse, domestic partner, partner in a civil union,
parent, brother, sister, child, legal guardian, or other legal custodian,
whether of the whole or half blood or by adoption, of a member of the Armed
Forces of the United States or National Guard, who lost his or her life while
on active duty for the United States.

����
[
"REAL ID identification
card" shall have the same meaning as provided in R.S.39:1-1.
]

���� "Veteran" means any
resident of the State now or hereafter who has been discharged honorably or
under general honorable conditions in any branch of the Armed Forces of the
United States, or a Reserve component thereof
[
,
or the National Guard of this State or another state as defined in section 1 of
P.L.1963, c.109 (C.38A:1-1)
]
;
and

���� "Satisfactory proof"
means, in the case of a veteran, the applicant's DD-214, DD-215, or DD-256 form
as issued by the federal government,
[

or NGB-22 or other approved separation forms as outlined by all branches of the
Armed Forces,
]

or federal activation orders showing service under Title 10, section 672 or
section 12301, of the United States Code, or a county-issued veteran
identification card pursuant to P.L.2012, c.30 (C.40A:9-78.1 et seq.), or a
veteran identification card as issued by the United States Department of
Veterans Affairs under the "Veterans Identification Card Act of
2015," (38 U.S.C. s.5706). In the case of a Gold Star Family member,
satisfactory proof includes any or all of the following:

���� (1)�� a certification from the
Department of New Jersey of American Gold Star Mothers, Inc., or any other
organization formed for the support of family members of members of the Armed
Forces of the United States or National Guard, who lost their lives while on
active duty for the United States, that the applicant is either the spouse,
domestic partner, partner in a civil union, parent, brother, sister, child,
legal guardian, or other legal custodian, whether of the whole or half blood or
by adoption, of a member of the armed forces or National Guard who died while
on active duty for the United States; or

���� (2)�� (a) documentation deemed
acceptable by the Adjutant General, including, but not limited to, a federal DD
Form 1300, Report of Casualty, or a federal DD Form 2064, Certificate of Death
Overseas, which identifies the member of the Armed Forces of the United States
or National Guard who died while on active duty for the United States; and

���� (b)�� documentation indicating
the applicant's relationship to the service member.

(cf: �P.L.2021, c.139, s.8)

���� 12.� Section 3 of P.L.1980,
c.47 (C.39:3-29.4) is amended to read as follows:

���� 3.��� Every identification
card authorized by section 2 of P.L.1980, c.47 (C.39:3-29.3) shall bear a color
photograph of the person to whom it is issued and shall be issued upon the form
prescribed by the New Jersey Motor Vehicle Commission for color photograph
drivers' licenses, except that the card shall prominently contain the words
"For Identification Only."�
[
A
standard identification card shall indicate that the identification card shall
not be accepted as identification for an official purpose, as that term is
defined under the "REAL ID Act of 2005," Pub.L.109-13, any acts
amendatory or supplementary thereto, and any federal regulations adopted
thereunder.
]

(cf: �P.L.2019, c.271, s.16)

���� 13.� Section 4 of P.L.1980,
c.47 (C.39:3-29.5) is amended to read as follows:

���� 4. a. Except as provided in
subsection b. of this section, each original identification card authorized by
section 2 of P.L.1980, c.47 (C.39:3-29.3) shall, unless canceled earlier or
otherwise provided, expire during the fourth calendar year following its date
of issuance and on the same calendar day as the person's date of birth.� If the
date of birth of the bearer of the identification card does not correspond to a
calendar day of the fourth calendar year, the identification card shall expire
on the last day of the birth month of the bearer of the card.

���� The identification card shall
be renewable upon the request of the bearer of the card, pursuant to terms of
license renewal established by the New Jersey Motor Vehicle Commission, and
upon payment of a fee as required by section 6 of P.L.1980, c.47 (C.39:3-29.7).
An identification card issued pursuant to P.L.1980, c.47 (C.39:3-29.2 et seq.)
to an applicant who is blind or who has a disability shall be valid for the
life of the holder unless canceled by the holder.� Cards issued prior to
October 16, 1989 and valid upon the effective date of P.L.1990, c.30 shall be
valid for the life of the holder unless canceled by the holder. Cards issued to
persons with blindness or disabilities between October 16, 1989 and the
effective date of P.L.1990, c.30, and which are valid on the effective date of
P.L.1980, c.47 (C.39:3-29.2 et seq.), shall be made valid for the life of the
holder unless canceled by the holder, upon presentation of proof that the
person's blindness or disability existed at the time of the original application.�
The chief administrator is authorized to require periodic verification of
information included on any identification card issued for or valid for the
life of the holder.� Nothing in this section shall be construed to alter or
change any expiration date on any New Jersey identification card issued prior
to the operative date of P.L.2001, c.391 (C.39:3-10f4 et al.) and any such
identification card shall remain valid until its expiration date.

���� As a condition for the renewal
of an identification card, the chief administrator shall provide that the
photograph of a holder of an identification card be updated, except that the
chief administrator may elect to use a stored photograph for two consecutive
four-year renewal periods.� The chief administrator shall not use a stored
photograph for more than 12 years except as otherwise provided in this
section.� The fee shall be $18 for a standard identification card per renewal
and $29 for a REAL ID identification card per renewal, in addition to the
digitized photograph fee.

���� The holder of a standard
identification card who is 65 years of age or older shall not be required to
update the person's identification card photograph upon renewal and shall be
eligible to use a stored photograph for each standard identification card renewal.

���� b.��� If the chief
administrator issues
[
a
REAL ID
]

an
identification card to a person who has demonstrated authorization to
be present in the United States for a period of time shorter than the standard
periods of identification cards, the chief administrator shall fix the
expiration date of the
[
REAL
ID
]

identification card at a date based on the period in which the person is
authorized to be present in the United States under federal immigration laws.�
The chief administrator may renew such
[
REAL
ID
]

an

identification card only if it is demonstrated that the person's continued
presence in the United States is authorized under federal law.

(cf: �P.L.2020, c.77, s.2)

���� 14.� Section 6 of P.L.1980,
c.47 (C.39:3-29.7) is amended to read as follows:

���� 6. a. The chief administrator
shall charge fees as follows:

�����������
[
Standard
]

Identification Card, Original���� $18

����������� Identification Card,
Duplicate���������������������� $5

����������� Identification Card,
Renewal����������������������� $18

�����������
[
REAL ID
Identification Card�������������������� $29
]

����������� Digitized photograph������������ $6,
in addition to the fees required above

���� b.��� The chief administrator
may waive the fees established under subsection a. of this section for a person
who is homeless who submits proof of temporary residence through a social
worker or the coordinator of an emergency shelter for the homeless where the
person is temporarily residing.� On or before December 31 of each year, the
commission shall report to the Office of Homelessness Prevention in the
Department of Community Affairs an accounting of each instance in which the
commission provided a fee waiver pursuant to this section.� For the purposes of
this section, "person who is homeless" means a person without a
domicile who is unable to secure permanent and stable housing as determined by
a social worker or the coordinator of an emergency shelter for the homeless
established pursuant to P.L.1985, c.48 (C.55:13C-1 et seq.).

���� c.����
[
The chief
administrator may waive the fee imposed for a duplicate identification card if
the applicant, at the time of application: is applying for a REAL ID
identification card, as that term is defined in R.S.39:1-1; currently holds a
valid identification card issued by the commission; and is not eligible to
renew the applicant's current identification card.� The chief administrator's
authority to waive the duplicate identification card fee under this subsection
shall expire on October 1, 2020.� In order to receive a REAL ID identification
card pursuant to this subsection, the applicant shall first surrender to the
commission the applicant's

current identification card.
]
�
(Deleted
by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: �P.L.2019, c.271, s.18)

���� 15.� Section 15 of P.L.1997,
c.151 (C.17:29A-46.2) is amended to read as follows:

���� 15. a. Insurers shall put in
writing all underwriting rules applicable to each rate level utilized pursuant
to section 14 of P.L.1997, c.151 (C.17:29A-46.1).� An insurer may take into
account factors, including, but not limited to, driving record characteristics
appropriate for underwriting and classification in formulating its underwriting
rules; provided that no underwriting rule based on motor vehicle violations
shall be formulated in such a manner as to assign any named insured to a rating
tier other than the standard rating tier applicable to the insured's territory
solely on the basis of accumulating four motor vehicle points or less.�
[
No
underwriting rule shall operate in such a manner as to assign a risk to a
rating plan on the basis of the territory in which the insured resides or any
other factor which the commissioner finds is a surrogate for territory. No
underwriting rule shall operate in such a manner as to assign a risk to a
rating plan on the basis of an insured holding a standard motorcycle license or
standard basic driver's license issued pursuant to R.S.39:3-10, or standard
probationary license issued pursuant to section 4 of P.L.1950, c.127
(C.39:3-13.4).
]
�
An insurer which knowingly fails to transact automobile insurance consistently
with its underwriting rules shall be subject to a fine of not less than $1,000
for each violation.

���� b.��� All underwriting rules
applicable to each rate level as provided for in section 14 of P.L.1997, c.151
(C.17:29A-46.1) shall be filed with the commissioner and shall be subject to
the commissioner's prior approval.� All underwriting rules shall be subject to
public inspection.� Except as provided in subsection d. of section 27 of
P.L.1990, c.8 (C.17:33B-15), insurers shall apply their underwriting rules
uniformly and without exception throughout the State, so that every applicant
or insured conforming with the underwriting rules will be insured or renewed,
and so that every applicant not conforming with the underwriting rules will be
refused insurance.

���� c.���� An insurer with more
than one rating plan for private passenger automobile insurance policies
providing identical coverages shall not adopt underwriting rules which would
permit a person to be insured for private passenger automobile insurance under
more than one of the rating plans.

���� d.��� An insurer that revises
its underwriting rules with respect to the assignment of insureds to rating
tiers based on the number of accumulated motor vehicle points, as provided by
subsection a. of this section, as amended by P.L.2003, c.89, shall certify to
the commissioner that the revised rule will produce rates that are revenue
neutral based upon the insurer's current coverages and book of business.

(cf: �P.L.2019, c.271, s.19)

���� 16.� Section 16 of P.L.2007,
c.335 (C.39:2A-36.1) is amended to read as follows:

���� 16. a. On and after the
effective date of P.L.2007, c.335 (C.39:2A-36.1 et al.), the board may, by
regulation adopted pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.), increase fees and surcharges collected pursuant
to the following statutes, notwithstanding any law, rule, or regulation to the
contrary:

���� Section 4 of P.L.1995, c.401
(C.12:7-73); section 24 of P.L.1984, c.152 (C.12:7A-24); section 28 of
P.L.1984, c.152 (C.12:7A-28); section 1 of P.L.1983, c.65 (C.17:29A-33);
section 6 of P.L.1983, c.65 (C.17:29A-35); section 9 of P.L.1998, c.108
(C.27:5F-42); R.S.39:2-10; section 1 of P.L.1969, c.301 (C.39:3-4b); section 2
of P.L.1969, c.301 (C.39:3-4c); section 2 of P.L.1968, c.439 (C.39:3-8.1);
section 1 of P.L.1992, c.87 (C.39:3-8.2);
[
R.S.39:3-10;
]
section 23 of
P.L.1975, c.180 (C.39:3-10a); section 1 of P.L.1977, c.23 (C.39:3-10b); section
1 of P.L.1979, c.261 (C.39:3-10f); section 22 of P.L.1990, c.103
(C.39:3-10.30); R.S.39:3-13; R.S.39:3-18; R.S.39:3-19; section 2 of P.L.1974,
c.162 (C.39:3-19.2); section 12 of P.L.1979, c.224 (C.39:3-19.5); R.S.39:3-20;
section 1 of P.L.1973, c.319 (C.39:3-20.1); R.S.39:3-21; R.S.39:3-24;
R.S.39:3-25; R.S.39:3-26; section 2 of P.L.1964, c.195 (C.39:3-27.4); section 2
of P.L.1968, c.247 (C.39:3-27.6); section 2 of P.L.1977, c.369 (C.39:3-27.9);
section 2 of P.L.1979, c.457 (C.39:3-27.16); section 2 of P.L.1981, c.139
(C.39:3-27.19); R.S.39:3-28; R.S.39:3-30; R.S.39:3-31; section 1 of P.L.1961,
c.77 (C.39:3-31.1); R.S.39:3-32; section 1 of P.L.1999, c.192 (C.39:3-33a);
section 1 of P.L.2001, c.35 (C.39:3-33b); section 2 of P.L.1959, c.56
(C.39:3-33.4); section 4 of P.L.1959, c.56 (C.39:3-33.6); R.S.39:3-36; section
1 of P.L.1979, c.314 (C.39:3-54.14); section 2 of P.L.1999, c.308
(C.39:3-75.2); R.S.39:3-84; section 2 of P.L.1999, c.396 (C.39:3-84.7); section
3 of P.L.1973, c.307 (C.39:3C-3); section 10 of P.L.1983, c.105 (C.39:4-14.3j);
section 23 of P.L.1983, c.105 (C.39:4-14.3w); R.S.39:4-26; R.S.39:4-30; section
11 of P.L.1985, c.14 (C.39:4-139.12); section 1 of P.L.1972, c.38
(C.39:5-30.4); section 31 of P.L.1994, c.60 (C.39:5-36.1); section 20 of
P.L.1952, c.173 (C.39:6-42); section 2 of P.L.1983, c.141 (C.39:6B-3);
R.S.39:7-3; section 3 of P.L.1975, c.156 (C.39:8-11); section 8 of P.L.1975,
c.156 (C.39:8-16); section 9 of P.L.1975, c.156 (C.39:8-17); section 15 of
P.L.1975, c.156 (C.39:8-23); section 5 of P.L.1995, c.112 (C.39:8-45); section
7 of P.L.1995, c.112 (C.39:8-47); section 12 of P.L.1995, c.112 (C.39:8-52);
section 11 of P.L.1995, c.157 (C.39:8-69); section 13 of P.L.1995, c.112
(C.39:8-53); section 14 of P.L.1995, c.112 (C.39:8-54); R.S.39:10-11;
R.S.39:10-12; R.S.39:10-14; R.S.39:10-16; R.S.39:10-19; R.S.39:10-25; section 5
of P.L.1983, c.323 (C.39:10-35); section 8 of P.L.1983, c.455 (C.39:10A-15);
R.S.39:11-8; section 2 of P.L.1951, c.216 (C.39:12-2); section 5 of P.L.1951,
c.216 (C.39:12-5); and section 2 of P.L.1983, c.360 (C.39:13-2).

���� b. (1) In determining an
appropriate increase of any fee or surcharge pursuant to subsection a. of this
section, the board shall consider at least the following factors: (a) the year
in which the fee or surcharge was last increased; (b) the actual costs to the
State of New Jersey for administering any transaction, process, filing,
registration, inspection, audit, or any license, permit, or other document
issuance, for which the fee or surcharge is collected; and (c) the annual
percentage increase in the Consumer Price Index or other similar relevant
index.

���� No fee or surcharge set forth
in this section shall be increased by regulation more than once during any
five-year period, and no such fee or surcharge shall be increased beyond an
amount that exceeds the actual costs to the State of New Jersey for administering
any transaction, process, filing, registration, inspection, audit, or any
license, permit, or other document issuance, for which the fee or surcharge is
collected.

���� (2)�� All increases in a fee
or surcharge after the first increase shall also be subject to the following
limitation: the increase shall not exceed the cumulative annual percentage
increase in the Consumer Price Index for the five fiscal years prior to the date
of the proposed subsequent increase.

���� (3)�� All increases in fees or
surcharges imposed by regulation proposed to be adopted in a calendar year
shall be consolidated in one single regulatory proposal in that calendar year.

���� (4)�� As used in this section,
the "Consumer Price Index" means the consumer price index for all
urban consumers in the New York City and Philadelphia areas as reported by the
Department of Labor or successor index.

���� c.���� Pursuant to subsection
b. of section 105 of P.L.2003, c.13 (C.39:2A-36), 100 percent of the increased
revenues collected from such increase shall be remitted to the commission.

(cf: �P.L.2019, c.271, s.23)

���� 17.� R.S.39:3-41 is amended to
read as follows:

���� 39:3-41. a. At the time of the
issuance of an examination permit or a special learner's permit to operate a
motor vehicle, the chief administrator shall make available to each applicant
for the examination permit or special learner's permit a driver's manual
containing information required to be known and followed by licensed drivers
relating to licensing requirements.

���� b.��� At the time of any
required examination for renewal of a driver's license, the chief administrator
shall upon request make available to each applicant for renewal a copy of the
manual and any supplements thereto.

���� c.���� The driver's manual and
any supplements thereto or any other booklet or writing prepared in connection
with examinations for drivers' licenses or for renewals of drivers' licenses
shall contain all information necessary to answer any question on an examination
for a driver's license or for a renewal of a driver's license.

����
[
The chief administrator shall
publish the driver's manual on the website of the commission in English and
each of the three languages, other than English, most commonly spoken in the
State, as determined by the chief administrator.� The chief administrator shall
periodically, and at least every five years, verify the three languages, other
than English, most commonly spoken in the State.
]

���� d.��� The chief administrator,
following consultation with the organ procurement organizations designated
pursuant to 42 U.S.C. s.1320b-8 to serve in the State of New Jersey, shall
include in the driver's manual information explaining the provisions of the "Revised
Uniform Anatomical Gift Act," P.L.2008, c.50 (C.26:6-77 et al.), the
beneficial uses of donated organs and tissues, and the procedure for indicating
on the driver's license the intention to make a donation pursuant to section 1
of P.L.1978, c.181 (C.39:3-12.2). The chief administrator may distribute all
remaining copies of the existing driver's manual before reprinting the manual
with the information required pursuant to this subsection.

���� e.���� The chief
administrator, in consultation with the Nikhil Badlani Foundation, shall
include in the driver's manual information explaining the dangers of failing to
comply with this State's motor vehicle traffic laws and indicating that
interested drivers may take the STOP for Nikhil Safety Pledge set forth in
paragraph (1) of this subsection.

���� (1)�� The "STOP for
Nikhil Safety Pledge" is as follows:

���� "In order to ensure the
safety of others on the road, passengers in my car, and myself as a driver, I
pledge to obey traffic laws while operating a motor vehicle, be extra cautious,
and be attentive to traffic signs and signals and road conditions.�
Specifically:

���� I will come to a complete stop
at every "stop" sign or red traffic light, and will not proceed
through a red traffic light;

���� I will stay alert, keep two
hands on the steering wheel whenever possible, and keep my mind on the road;

���� I will talk safely by using a
hands-free wireless telephone while driving if I am of lawful age to do so and
refrain from texting while driving; and I will plan ahead and leave enough time
to arrive at my destination."

���� (2)�� The chief administrator
shall ensure that drivers have the option of taking the pledge set forth in
paragraph (1) of this subsection by filling out a standard form made available
at motor vehicle offices or by following instructions publicized by the chief
administrator directing interested drivers to the appropriate website to
complete the pledge.

���� (3)�� The chief administrator
may distribute all remaining copies of the existing driver's manual before
reprinting the manual with the information required pursuant to this
subsection.

���� f.���� The chief
administrator, in consultation with the Commissioner of Health and the Director
of the Division of Highway Traffic Safety in the Department of Law and Public
Safety, shall include in the driver's manual information explaining the dangers
of carbon monoxide poisoning from motor vehicles and techniques for the safe
operation and proper maintenance of a motor vehicle.� The chief administrator
may distribute all remaining copies of any existing driver's manual before
reprinting the manual with the information required pursuant to this
subsection.

���� g.��� The chief administrator,
in consultation with the Director of the Division of Highway Traffic Safety in
the Department of Law and Public Safety, shall include in the driver's manual
information pertaining to the importance of operating a motor vehicle in a
manner that safely shares the roadway with pedestrians, cyclists, skaters,
riders of motorized-scooters, and other non-motorized vehicles, which shall
include, but not be limited to, a driver's responsibilities when approaching
and passing a pedestrian or person operating a bicycle or personal conveyance
on the roadway pursuant to P.L.2021, c.194 (C.39:4-92.4) and the penalties for
failing to comply with these responsibilities.

���� h.��� The chief administrator,
in consultation with the Director of the Division of Highway Traffic Safety in
the Department of Law and Public Safety, shall include in the driver's manual
information that instructs pedestrians, cyclists, skaters, riders of motorized-scooters,
and riders of other non-motorized vehicles on the proper safety procedures
while sharing the roadway with motorists.

(cf: �P.L.2025, c.103, s.3)

���� 18.� The following sections
are repealed

Section 3 of P.L.2019, c.271
(C.39:3-10o)

Section 5 of P.L.2019, c.271
(C.39:2-3.4a)

Section 7 of P.L.2019, c.271
(C.39:2A-44)

Section 21 of P.L.2019, c.271
(C.39:3-10.8b)

Section 22 of P.L.2019, c.271
(C.39:3-10p)

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

STATEMENT

���� This bill repeals P.L.2019,
c.271 which, in part,: (1) created two categories of driver�s licenses and
identification cards; (2) allowed residents unable to prove lawful presence in the
United States to receive permits, and standard driver�s licenses or
identification cards; (3) permitted the New Jersey Motor Vehicle Commission (MVC)
to increase certain fees; (4) requires that the written examination (knowledge
test) and driver�s manual be provided in certain languages, and (5) requires
language translation services to be made available at each MVC commission
agency and regional service center.