SENATE, No. 773
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Co-Sponsored by:
Senator Gill
SYNOPSIS
Requires MVC to create mobile driver’s licenses and identification cards.
CURRENT VERSION OF TEXT
As reported by the Senate Transportation Committee with technical review.
S773 POU, DIEGNAN
2
EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT creating mobile driver’s licenses and identification cards, 1
supplementing Title 39 of the Revised Statutes, and amending 2
R.S.39:3-29. 3
4
BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
7
1. (New section) a. As used in this section: 8
“Mobile driver’s license” means an electronic basic driver’s 9
license, electronic motorcycle license, or electronic probationary 10
driver’s license issued by the New Jersey Motor Vehicle 11
Commission that is accessible on a mobile electronic 12
communication device and includes all information found on a 13
printed, hard-copy basic driver’s license, motorcycle license, or 14
probationary driver’s license issued by the commission; 15
“Mobile electronic communication device” means any mobile 16
device capable of communication or other transmission of 17
information and includes, but is not limited to, a cellular telephone, 18
wireless tablet, any device with Internet capability, or other wireless 19
communication device; and 20
“Mobile identification card” means an electronic identification 21
card issued by the New Jersey Motor Vehicle Commission that is 22
accessible on a mobile electronic communication device and 23
includes all information found on a printed, hard-copy identification 24
card issued by the commission. 25
b. The Chief Administrator of the New Jersey Motor Vehicle 26
Commission shall create and issue a mobile driver’s license and 27
mobile identification card to an individual who voluntarily requests 28
a mobile driver’s license or mobile identification card and who 29
meets all requirements for the issuance of a driver’s license or 30
identification card. The commission may charge and collect a 31
reasonable fee for the issuance of a mobile driver’s license and 32
mobile identification card. The commission shall retain such fee in 33
accordance with subsection b. of section 105 of P.L.2003, c.13 34
(C.39:2A-36). 35
c. The commission shall provide that the mobile driver’s 36
license and mobile identification card include features to ensure the 37
security and integrity of the license and identification card. A 38
process, prescribed by the chief administrator, shall provide for the 39
issuance of mobile driver’s licenses and mobile identification cards 40
to prevent and detect the alteration, duplication, counterfeiting, 41
photographing, forging, or other modification of the mobile driver’s 42
license and mobile identification card. 43
d. The commission shall allow a person with a mobile driver’s 44
license or a mobile identification card, or a person applying for such 45
S773 POU, DIEGNAN
3
driver’s license or identification card, to update the person’s motor 1
vehicle record, including, but not limited to, a change of address 2
and organ donor status. Such changes shall immediately become 3
part of the person’s official motor vehicle record and shall take 4
precedence over information provided on a printed, hard-copy 5
driver’s license and identification card. 6
7
2. R.S.39:3-29 is amended to read as follows: 8
39:3-29. The driver’s license, the registration certificate of a 9
motor vehicle, and an insurance identification card shall be in the 10
possession of the driver or operator at all times when the driver or 11
operator is in charge of a motor vehicle on the highways of this 12
State. 13
The driver or operator shall exhibit the driver or operator’s 14
driver’s license and an insurance identification card, and the holder 15
of a registration certificate or the operator or driver of a motor 16
vehicle for which a registration certificate has been issued, whether 17
or not the holder, driver or operator is a resident of this State, shall 18
also exhibit the registration certificate, when requested so to do by a 19
police officer or judge, while in the performance of the duties of 20
their office, and shall write the driver or operator’s name in the 21
presence of the officer, so that the officer may thereby determine 22
the identity of the licensee and at the same time determine the 23
correctness of the registration certificate, as it relates to the 24
registration number and number plates of the motor vehicle for 25
which it was issued; and the correctness of the evidence of a policy 26
of insurance, as it relates to the coverage of the motor vehicle for 27
which it was issued. 28
The driver’s license, registration certificate, or insurance 29
identification card may be displayed or provided in either paper or 30
electronic form. For the purposes of this section, “electronic form” 31
means the display of images on an electronic device, such as a 32
cellular telephone, tablet, or computer. 33
The use of a cellular telephone, tablet, computer, or any other 34
electronic device to display the driver’s license, proof of 35
registration, or proof of insurance does not constitute consent for a 36
police officer or judge to access any other contents on the device. 37
Any police officer or judge presented with an electronic device 38
pursuant to this section shall be immune from any liability resulting 39
from damage to the device. 40
Any person violating this section shall be subject to a fine of 41
$150, except that if the person is a driver or operator of an omnibus, 42
as defined pursuant to R.S.39:1-1, the amount of the fine shall be 43
$250. Of the amount of any such fine collected pursuant to this 44
paragraph, $25 shall be deposited in the Uninsured Motorist 45
Prevention Fund established by section 2 of P.L.1983, c.141 46
(C.39:6B-3). 47
S773 POU, DIEGNAN
4
If a person charged with a violation of this section can exhibit 1
the person’s driver’s license, insurance identification card, and 2
registration certificate, which were valid on the day the person was 3
charged, to the judge of the municipal court before whom the 4
person is summoned to answer to the charge, such judge may 5
dismiss the charge. However, the judge may impose court costs. 6
In addition to and independent of any fine or other penalty 7
provided for under law, the court shall impose a fine of $150 on any 8
driver or operator of an omnibus, convicted of a violation of this 9
section, who does not have a certificate of public convenience and 10
necessity as required pursuant to R.S.48:4-3. The State Treasurer 11
shall annually deposit the monies collected from the fines imposed 12
pursuant to this paragraph to the “Omnibus Safety Enforcement 13
Fund” established pursuant to section 4 of P.L.2007, c.40 (C.39:3-14
79.23). The fine described herein shall not be deemed a fine, 15
penalty, or forfeiture pursuant to R.S.39:5-41. 16
(cf: P.L.2021, c.258, s.2) 17
18
3. The Chief Administrator of the New Jersey Motor Vehicle 19
Commission shall adopt, pursuant to the “Administrative Procedure 20
Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to 21
implement the provisions of P.L. , c. (C. ) (pending before 22
the Legislature as this bill). 23
24
4. This act shall take effect 72 months after enactment, but the 25
Chief Administrator of the New Jersey Motor Vehicle Commission 26
may take any administrative action in advance of that date as may 27
be necessary for the timely implantation of this act. 28