ASSEMBLY APPROPRIATIONS COMMITTEE
STATEMENT TO
ASSEMBLY, No. 2042
STATE OF NEW JERSEY
DATED: DECEMBER 4, 2023
The Assembly Appropriations Committee reports favorably
Assembly Bill No. 2042.
The bill permits the holder of a license or identification card to
voluntarily indicate on the license or identification card that the holder
has been diagnosed with a traumatic or acquired brain injury. The
designation is to be used by law enforcement officers or emergency
medical professionals to identify and effectively communicate with the
person.
The designation is to be given a restriction code that is required to
be displayed on the person’s driver’s license or non-driver
identification in accordance with procedures prescribed by the chief
administrator. The holder of a basic driver's license or non-driver
identification card who makes the voluntary designation may have the
designation removed at any time.
The bill requires the Chief Administrator (chief administrator) of
the New Jersey Motor Vehicle Commission (MVC) to establish and
maintain an automated Statewide registry accessible by law
enforcement officials for the purposes of identifying and effectively
communicating with a person who has been diagnosed with a
traumatic or acquired brain injury by a physician, psychologist, or any
other licensed health care professional. The registry is to be capable of
storing information, which is to include, but not limited to: the license
plate and registration information of any motor vehicle that the person
intends to regularly operate; the emergency contact information of a
person who can communicate on behalf of the person; and any other
information that may assist a law enforcement officer when
communicating with the person.
Under the bill, a person may submit information to the registry
through the MVC’s website, by mail, or when completing an
application for a driver’s license, motor vehicle registration, or non-
driver identification card. The information provided to the MVC for
the registry is to only be accessible to MVC employees who are
designated by the chief administrator to collect and maintain the
information and law enforcement officers during a motor vehicle stop
or other law enforcement action. Information submitted to the MVC is
not to be subject to public disclosure under the “Open Public Records
Act” or the common law concerning access to public records or be 2
discoverable as a government record by any person, entity, or
governmental agency except in certain circumstances.
The bill provides for certain limitations on civil liabilities and on
criminal prosecution for the chief administrator and MVC employees
designated by the chief administrator. The limitations on civil
liabilities and on criminal prosecution are inapplicable if certain
failures, as provided in the bill, resulted from a malicious purpose or a
wanton and willful disregard for the safety of persons or property.
The bill establishes a program that is to be developed by the
Superintendent of the Division of State Police, in consultation with the
chief administrator and the Commissioner of Human Services, to assist
and train law enforcement officers to identify and effectively
communicate with a person who has been diagnosed with a traumatic
or acquired brain injury. The program is to include, but not be limited
to, training in de-escalation methods when interacting with a person
who has been diagnosed with a traumatic or acquired brain injury,
proper utilization of the registry established pursuant to this bill, and
any other information, as recommended by the Commissioner of
Human Services, that may be useful to law enforcement officers when
interacting with a person who has been diagnosed with a traumatic or
acquired brain injury. The program is to be made available annually to
every county and municipal law enforcement agency in the State.
This bill was pre-filed for introduction in the 2022-2023 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.
FISCAL IMPACT:
The Office of Legislative Services concludes that this bill would
result in an indeterminate one-time increase to State expenditures for
the New Jersey Motor Vehicle Commission to make technology
changes that would allow it to display a special restriction code on the
licenses and non-driver identification cards of individuals diagnosed
with traumatic or acquired brain injury who request that this notation
be made. The commission would also incur initial and ongoing costs
to establish and maintain an automated Statewide registry that is
accessible by law enforcement officers for the purposes of identifying
and effectively communicating with a person with a traumatic or
acquired brain injury. The bill would also increase annual
expenditures for the Department of Law and Public Safety to develop
a training program to assist law enforcement officers interacting with
these individuals. This program is to be made available annually to
every county and municipal law enforcement agency in the State.