Bill Text: NJ A2592 | 2010-2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: "Sara's Law;" requires Motor Vehicle Commission to establish next-of-kin program.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Passed) 2011-04-06 - Approved P.L.2011, c.47. [A2592 Detail]

Download: New_Jersey-2010-A2592-Introduced.html

ASSEMBLY, No. 2592

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 22, 2010

 


 

Sponsored by:

Assemblyman  JOHN S. WISNIEWSKI

District 19 (Middlesex)

Assemblyman  CRAIG J. COUGHLIN

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     "Sara's Law;" requires Motor Vehicle Commission to establish next-of-kin program.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning motor vehicle safety, designated as Sara's Law, supplementing Title 39 of the Revised Statutes, and amending P.L.1980, c.47

 

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

 

     1. (New section) a.  The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop an Internet next-of-kin registry program. Under the program, the holder of any New Jersey State driver's license or non-driver identification card shall have the opportunity to voluntarily submit, via the Internet, the name and telephone number of three emergency contacts to the Motor Vehicle Commission. 

     b.  In implementing this program, the chief administrator shall establish a process whereby the holder of any driver's license or non-driver identification card may electronically sign onto the Motor Vehicle Commission web site using their driver's license number or non-driver identification card number.  The licensee or card holder may then submit the name and telephone number of up to three emergency contacts to the commission's official web site.  A licensee or card holder who submits the name and telephone number of an emergency contact shall have the opportunity to revise or update the emergency contact information at any time. 

     c.  The chief administrator shall be responsible for establishing and maintaining a standardized and automated Statewide registry capable of storing and distributing emergency contact information to law enforcement officials.  The chief administrator shall strive to ensure that the information contained in the Internet registry is updated as appropriate in a timely and efficient manner. 

     d.  Information in the registry shall be accessible only by law enforcement officials and employees of the commission that are designated by the chief administrator.  Any emergency contact information submitted to the commission shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.). 

     e.  For the purposes of this act, "emergency contact person" or "emergency contact" means a person, eighteen years of age or older, who the holder of any New Jersey State driver's license or non-driver identification card designated to be contacted by law enforcement personnel when the licensee or card holder is rendered unable to communicate due to a motor vehicle accident resulting in the serious bodily injury, death, or incapacitation of the licensee or card holder.  An "emergency contact person" or "emergency contact" may or may not be the next-of-kin of the licensee or card holder; except that if the licensee or card holder is under the age of eighteen and is not emancipated, the emergency contact person shall be the parent or guardian of that licensee or card holder. 

 

     2.  (New section)  When a motor vehicle accident results in the serious bodily injury, death, or incapacitation of a driver or any passenger, the law enforcement officer investigating the motor vehicle accident shall attempt to locate an emergency contact person by accessing the emergency contact database established pursuant to section 1 of P.L.    c.     (C.     )(pending before the Legislature as this bill.).  That law enforcement officer shall, when practicable, expeditiously notify the emergency contact of any person involved in the motor vehicle accident and inform the emergency contact of the hospital or other location at which the driver or passenger may be receiving medical treatment.  

 

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

     2.  The Division of Motor Vehicles shall issue an identification card to any resident of the State who is [17] 14 years of age or older and who is not the holder of a valid learner's permit or a valid driver's license.  The identification card shall attest to the true name, correct age, and 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 supported by such documentary evidence of the age and identity, or blindness, disability, or handicap, of such person as the division may require.  In addition to requiring an applicant for an identification card to submit satisfactory proof of identity and age, the director also shall require the applicant to provide, as a condition for obtaining the card, satisfactory proof that the applicant's presence in the United States is authorized under federal law.  If the director has reasonable cause to suspect that any document presented by an applicant as proof of identity, age or legal residency is altered, false or otherwise invalid, the director shall refuse to grant the identification card until such time as the document may be verified by the issuing agency to the director's satisfaction.

(cf:  P.L.2001, c.391, s.14)

 

     4.  The chief administrator may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules or regulations necessary for the implementation of this act.    

 

     5.  This act shall take effect on the first day of the thirteenth month after enactment, but the chief administrator may take such anticipatory administrative action in advance as shall be necessary for the timely implementation of this act.

STATEMENT

 

     This bill establishes a "next-of-kin program" within the Motor Vehicle Commission.  Under the program, the holder of any New Jersey State driver's license or non-driver identification card has the opportunity to voluntarily submit, via the Internet, the name and telephone number of one emergency contact person to the Motor Vehicle Commission.   In the case that the licensee is involved in an accident resulting in serious injury, death, or incapacitation the law enforcement personnel would be able to utilize the registry to notify the licensee's emergency contact. 

     Any information submitted to the Motor Vehicle Commission would only be accessible by certain motor vehicle commission employees and law enforcement personnel.  The bill provides the emergency contact person's name and number is not subject to public disclosure under the "Open Public Records Act." 

     In addition, this bill lowers the age requirement to receive a non-driver identification card that is used for identification purposes.  Under current law, a person must be at least 17 years of age to receive a non-driver identification card.  This bill allows a person who is 14 years of age or older to receive such a card.  It is the sponsor's intent that by lowering the age to receive an identification card, a young teenager who is a passenger involved in a motor vehicle accident may still be identified by police if they are unable to communicate.  Lowering this age requirement also expands the number of teenagers eligible to participate in the "next-of-kin program" established under the bill. 

     This bill is in memory of Sara Dubinin, a 19-year-old Sayreville woman who tragically died on September 25, 2007 from injuries resulting from a car accident.

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