Bill Text: NJ S3209 | 2020-2021 | Regular Session | Introduced
Bill Title: Prohibits disclosure of certain personal information of probation officers, members of the Legislature, and their family members; establishes crime and civil action for disclosing such information; allows such persons to register to vote without disclosing their residential address; bars public disclosure of their voter registration information.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-11-19 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3209 Detail]
Download: New_Jersey-2020-S3209-Introduced.html
Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Prohibits disclosure of certain personal information of probation officers, members of the Legislature, and their family members; establishes crime and civil action for disclosing such information; allows such persons to register to vote without disclosing their residential address; bars public disclosure of their voter registration information.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting disclosure of certain information regarding certain public officers, amending various parts of the statutory law, and amending the title and body of, and supplementing, P.L.2015, c.226.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1995, c.23 (C.47:1A-1.1) is amended to read as follows:
1. As used in P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented:
"Biotechnology" means any technique that uses living organisms, or parts of living organisms, to make or modify products, to improve plants or animals, or to develop micro-organisms for specific uses; including the industrial use of recombinant DNA, cell fusion, and novel bioprocessing techniques.
"Custodian of a government record" or "custodian" means in the case of a municipality, the municipal clerk and in the case of any other public agency, the officer officially designated by formal action of that agency's director or governing body, as the case may be.
"Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or its official business by any officer, commission, agency or authority of the State or of any political subdivision thereof, including subordinate boards thereof, or that has been received in the course of his or its official business by any such officer, commission, agency, or authority of the State or of any political subdivision thereof, including subordinate boards thereof. The terms shall not include inter-agency or intra-agency advisory, consultative, or deliberative material.
A government record shall not include the following information which is deemed to be confidential for the purposes of P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented:
information received by a member of the Legislature from a constituent or information held by a member of the Legislature concerning a constituent, including but not limited to information in written form or contained in any e-mail or computer data base, or in any telephone record whatsoever, unless it is information the constituent is required by law to transmit;
any memorandum, correspondence, notes, report or other communication prepared by, or for, the specific use of a member of the Legislature in the course of the member's official duties, except that this provision shall not apply to an otherwise publicly-accessible report which is required by law to be submitted to the Legislature or its members;
any copy, reproduction or facsimile of any photograph, negative or print, including instant photographs and videotapes of the body, or any portion of the body, of a deceased person, taken by or for the medical examiner at the scene of death or in the course of a post mortem examination or autopsy made by or caused to be made by the medical examiner except:
when used in a criminal action or proceeding in this State which relates to the death of that person,
for the use as a court of this State permits, by order after good cause has been shown and after written notification of the request for the court order has been served at least five days before the order is made upon the county prosecutor for the county in which the post mortem examination or autopsy occurred,
for use in the field of forensic pathology or for use in medical or scientific education or research, or
for use by any law enforcement agency in this State or any other state or federal law enforcement agency;
criminal investigatory records;
victims' records, except that a victim of a crime shall have access to the victim's own records;
any written request by a crime victim for a record to which the victim is entitled to access as provided in this section, including, but not limited to, any law enforcement agency report, domestic violence offense report, and temporary or permanent restraining order;
personal firearms records, except for use by any person authorized by law to have access to these records or for use by any government agency, including any court or law enforcement agency, for purposes of the administration of justice;
personal identifying information received by the Division of Fish and Wildlife in the Department of Environmental Protection in connection with the issuance of any license authorizing hunting with a firearm. For the purposes of this paragraph, personal identifying information shall include, but not be limited to, identity, name, address, social security number, telephone number, fax number, driver's license number, email address, or social media address of any applicant or licensee;
trade secrets and proprietary commercial or financial information obtained from any source. For the purposes of this paragraph, trade secrets shall include data processing software obtained by a public body under a licensing agreement which prohibits its disclosure;
any record within the attorney-client privilege. This paragraph shall not be construed as exempting from access attorney or consultant bills or invoices except that such bills or invoices may be redacted to remove any information protected by the attorney-client privilege;
administrative or technical information regarding computer hardware, software and networks which, if disclosed, would jeopardize computer security;
emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building or facility or persons therein;
security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons, property, electronic data or software;
information which, if disclosed, would give an advantage to competitors or bidders;
information generated by or on behalf of public employers or public employees in connection with any sexual harassment complaint filed with a public employer or with any grievance filed by or against an individual or in connection with collective negotiations, including documents and statements of strategy or negotiating position;
information which is a communication between a public agency and its insurance carrier, administrative service organization or risk management office;
information which is to be kept confidential pursuant to court order;
any copy of form DD-214, NGB-22, or that form, issued by the United States Government, or any other certificate of honorable discharge, or copy thereof, from active service or the reserves of a branch of the Armed Forces of the United States, or from service in the organized militia of the State, that has been filed by an individual with a public agency, except that a veteran or the veteran's spouse or surviving spouse shall have access to the veteran's own records;
any copy of an oath of allegiance, oath of office or any affirmation taken upon assuming the duties of any public office, or that oath or affirmation, taken by a current or former officer or employee in any public office or position in this State or in any county or municipality of this State, including members of the Legislative Branch, Executive Branch, Judicial Branch, and all law enforcement entities, except that the full name, title, and oath date of that person contained therein shall not be deemed confidential;
that portion of any document which discloses the social security number, credit card number, unlisted telephone number or driver license number of any person, or that portion of any document which discloses the home address, whether a primary or secondary residence, of any active, formerly active, or retired probation officer or member of the Legislature; except 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 thereof, or any private person or entity seeking to enforce payment of court-ordered child support; except with respect to the disclosure of driver information by the New Jersey Motor Vehicle Commission as permitted by section 2 of P.L.1997, c.188 (C.39:2-3.4); and except that a social security number contained in a record required by law to be made, maintained or kept on file by a public agency shall be disclosed when access to the document or disclosure of that information is not otherwise prohibited by State or federal law, regulation or order or by State statute, resolution of either or both houses of the Legislature, Executive Order of the Governor, rule of court or regulation promulgated under the authority of any statute or executive order of the Governor;
a list of persons identifying themselves as being in need of special assistance in the event of an emergency maintained by a municipality for public safety purposes pursuant to section 1 of P.L.2017, c.266 (C.40:48-2.67); and
a list of persons identifying themselves as being in need of special assistance in the event of an emergency maintained by a county for public safety purposes pursuant to section 6 of P.L.2011, c.178 (C.App.A:9-43.13).
A government record shall not include, with regard to any public institution of higher education, the following information which is deemed to be privileged and confidential:
pedagogical, scholarly [and/or] or academic research records [and/or] or the specific details of any research project conducted under the auspices of a public higher education institution in New Jersey, including, but not limited to research, development information, testing procedures, or information regarding test participants, related to the development or testing of any pharmaceutical or pharmaceutical delivery system, except that a custodian may not deny inspection of a government record or part thereof that gives the name, title, expenditures, source and amounts of funding and date when the final project summary of any research will be available;
test questions, scoring keys and other examination data pertaining to the administration of an examination for employment or academic examination;
records of pursuit of charitable contributions or records containing the identity of a donor of a gift if the donor requires non-disclosure of the donor's identity as a condition of making the gift provided that the donor has not received any benefits of or from the institution of higher education in connection with such gift other than a request for memorialization or dedication;
valuable or rare collections of books [and/or] or documents obtained by gift, grant, bequest or devise conditioned upon limited public access;
information contained on individual admission applications; and
information concerning student records or grievance or disciplinary proceedings against a student to the extent disclosure would reveal the identity of the student.
"Personal firearms record" means any information contained in a background investigation conducted by the chief of police, the county prosecutor, or the Superintendent of State Police, of any applicant for a permit to purchase a handgun, firearms identification card license, or firearms registration; any application for a permit to purchase a handgun, firearms identification card license, or firearms registration; any application for a permit to purchase a handgun, firearms identification card license, or firearms registration; any document reflecting the issuance or denial of a permit to purchase a handgun, firearms identification card license, or firearms registration; and any permit to purchase a handgun, firearms identification card license, or any firearms license, certification, certificate, form of register, or registration statement. For the purposes of this paragraph, information contained in a background investigation shall include, but not be limited to, identity, name, address, social security number, phone number, fax number, driver's license number, email address, social media address of any applicant, licensee, registrant or permit holder.
"Public agency" or "agency" means any of the principal departments in the Executive Branch of State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such department; the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch; and any independent State authority, commission, instrumentality or agency. The terms also mean any political subdivision of the State or combination of political subdivisions, and any division, board, bureau, office, commission or other instrumentality within or created by a political subdivision of the State or combination of political subdivisions, and any independent authority, commission, instrumentality or agency created by a political subdivision or combination of political subdivisions.
"Law enforcement agency" means a public agency, or part thereof, determined by the Attorney General to have law enforcement responsibilities.
"Constituent" means any State resident or other person communicating with a member of the Legislature.
"Member of the Legislature" means any person elected or selected to serve in the New Jersey Senate or General Assembly.
"Criminal investigatory record" means a record which is not required by law to be made, maintained or kept on file that is held by a law enforcement agency which pertains to any criminal investigation or related civil enforcement proceeding.
"Victim's record" means an individually-identifiable file or document held by a victims' rights agency which pertains directly to a victim of a crime except that a victim of a crime shall have access to the victim's own records.
"Victim of a crime" means a person who has suffered personal or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime, or if such a person is deceased or incapacitated, a member of that person's immediate family.
"Victims' rights agency" means a public agency, or part thereof, the primary responsibility of which is providing services, including but not limited to food, shelter, or clothing, medical, psychiatric, psychological or legal services or referrals, information and referral services, counseling and support services, or financial services to victims of crimes, including victims of sexual assault, domestic violence, violent crime, child endangerment, child abuse or child neglect, and the Victims of Crime Compensation Board, established pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.) and continued as the Victims of Crime Compensation Office pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.) and Reorganization Plan No. 001-2008.
(cf: P.L.2019, c.255, s.4)
2. Section 6 of P.L.2001, c.404 (C.47:1A-5) is amended to read as follows:
6. a. The custodian of a government record shall permit the record to be inspected, examined, and copied by any person during regular business hours; or in the case of a municipality having a population of 5,000 or fewer according to the most recent federal decennial census, a board of education having a total district enrollment of 500 or fewer, or a public authority having less than $10 million in assets, during not less than six regular business hours over not less than three business days per week or the entity's regularly-scheduled business hours, whichever is less; unless a government record is exempt from public access by: P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented; any other statute; resolution of either or both houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of Court; any federal law; federal regulation; or federal order. Prior to allowing access to any government record, the custodian thereof shall redact from that record any information which discloses the social security number, credit card number, unlisted telephone number, or driver license number of any person, or the home address, whether a primary or secondary residence, of any active, formerly active, or retired probation officer or member of the Legislature; except 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 thereof, or any private person or entity seeking to enforce payment of court-ordered child support; except with respect to the disclosure of driver information by the New Jersey Motor Vehicle Commission as permitted by section 2 of P.L.1997, c.188 (C.39:2-3.4); and except that a social security number contained in a record required by law to be made, maintained or kept on file by a public agency shall be disclosed when access to the document or disclosure of that information is not otherwise prohibited by State or federal law, regulation or order or by State statute, resolution of either or both houses of the Legislature, Executive Order of the Governor, rule of court or regulation promulgated under the authority of any statute or executive order of the Governor. Except where an agency can demonstrate an emergent need, a regulation that limits access to government records shall not be retroactive in effect or applied to deny a request for access to a government record that is pending before the agency, the council or a court at the time of the adoption of the regulation.
b. (1) A copy or copies of a government record may be purchased by any person upon payment of the fee prescribed by law or regulation. Except as otherwise provided by law or regulation and except as provided in paragraph (2) of this subsection, the fee assessed for the duplication of a government record embodied in the form of printed matter shall be $0.05 per letter size page or smaller, and $0.07 per legal size page or larger. If a public agency can demonstrate that its actual costs for duplication of a government record exceed the foregoing rates, the public agency shall be permitted to charge the actual cost of duplicating the record. The actual cost of duplicating the record, upon which all copy fees are based, shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy except as provided for in subsection c. of this section. Access to electronic records and non-printed materials shall be provided free of charge, but the public agency may charge for the actual costs of any needed supplies such as computer discs.
(2) No fee shall be charged to a victim of a crime for a copy or copies of a record to which the crime victim is entitled to access, as provided in section 1 of P.L.1995, c.23 (C.47:1A-1.1).
c. Whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined, or copied pursuant to this section is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the public agency may charge, in addition to the actual cost of duplicating the record, a special service charge that shall be reasonable and shall be based upon the actual direct cost of providing the copy or copies; provided, however, that in the case of a municipality, rates for the duplication of particular records when the actual cost of copying exceeds the foregoing rates shall be established in advance by ordinance. The requestor shall have the opportunity to review and object to the charge prior to it being incurred.
d. A custodian shall permit access to a government record and provide a copy thereof in the medium requested if the public agency maintains the record in that medium. If the public agency does not maintain the record in the medium requested, the custodian shall either convert the record to the medium requested or provide a copy in some other meaningful medium. If a request is for a record: (1) in a medium not routinely used by the agency; (2) not routinely developed or maintained by an agency; or (3) requiring a substantial amount of manipulation or programming of information technology, the agency may charge, in addition to the actual cost of duplication, a special charge that shall be reasonable and shall be based on the cost for any extensive use of information technology, or for the labor cost of personnel providing the service, that is actually incurred by the agency or attributable to the agency for the programming, clerical, and supervisory assistance required, or both.
e. Immediate access ordinarily shall be granted to budgets, bills, vouchers, contracts, including collective negotiations agreements and individual employment contracts, and public employee salary and overtime information.
f. The custodian of a public agency shall adopt a form for the use of any person who requests access to a government record held or controlled by the public agency. The form shall provide space for the name, address, and phone number of the requestor and a brief description of the government record sought. The form shall include space for the custodian to indicate which record will be made available, when the record will be available, and the fees to be charged. The form shall also include the following: (1) specific directions and procedures for requesting a record; (2) a statement as to whether prepayment of fees or a deposit is required; (3) the time period within which the public agency is required by P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented, to make the record available; (4) a statement of the requestor's right to challenge a decision by the public agency to deny access and the procedure for filing an appeal; (5) space for the custodian to list reasons if a request is denied in whole or in part; (6) space for the requestor to sign and date the form; (7) space for the custodian to sign and date the form if the request is fulfilled or denied. The custodian may require a deposit against costs for reproducing documents sought through an anonymous request whenever the custodian anticipates that the information thus requested will cost in excess of $5 to reproduce.
g. A request for access to a government record shall be in writing and hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the appropriate custodian. A custodian shall promptly comply with a request to inspect, examine, copy, or provide a copy of a government record. If the custodian is unable to comply with a request for access, the custodian shall indicate the specific basis therefor on the request form and promptly return it to the requestor. The custodian shall sign and date the form and provide the requestor with a copy thereof. If the custodian of a government record asserts that part of a particular record is exempt from public access pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) as amended and supplemented, the custodian shall delete or excise from a copy of the record that portion which the custodian asserts is exempt from access and shall promptly permit access to the remainder of the record. If the government record requested is temporarily unavailable because it is in use or in storage, the custodian shall so advise the requestor and shall make arrangements to promptly make available a copy of the record. If a request for access to a government record would substantially disrupt agency operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the agency.
h. Any officer or employee of a public agency who receives a request for access to a government record shall forward the request to the custodian of the record or direct the requestor to the custodian of the record.
i. (1) Unless a shorter time period is otherwise provided by statute, regulation, or executive order, a custodian of a government record shall grant access to a government record or deny a request for access to a government record as soon as possible, but not later than seven business days after receiving the request, provided that the record is currently available and not in storage or archived. In the event a custodian fails to respond within seven business days after receiving a request, the failure to respond shall be deemed a denial of the request, unless the requestor has elected not to provide a name, address or telephone number, or other means of contacting the requestor. If the requestor has elected not to provide a name, address, or telephone number, or other means of contacting the requestor, the custodian shall not be required to respond until the requestor reappears before the custodian seeking a response to the original request. If the government record is in storage or archived, the requestor shall be so advised within seven business days after the custodian receives the request. The requestor shall be advised by the custodian when the record can be made available. If the record is not made available by that time, access shall be deemed denied.
(2) During a period declared pursuant to the laws of this State as a state of emergency, public health emergency, or state of local disaster emergency, the deadlines by which to respond to a request for, or grant or deny access to, a government record under paragraph (1) of this subsection or subsection e. of this section shall not apply, provided, however, that the custodian of a government record shall make a reasonable effort, as the circumstances permit, to respond to a request for access to a government record within seven business days or as soon as possible thereafter.
j. A custodian shall post prominently in public view in the part or parts of the office or offices of the custodian that are open to or frequented by the public a statement that sets forth in clear, concise and specific terms the right to appeal a denial of, or failure to provide, access to a government record by any person for inspection, examination, or copying or for purchase of copies thereof and the procedure by which an appeal may be filed.
k. The files maintained by the Office of the Public Defender that relate to the handling of any case shall be considered confidential and shall not be open to inspection by any person unless authorized by law, court order, or the State Public Defender.
(cf: P.L.2020, c.10, s.1)
3. The title of P.L.2015, c.226 is amended to read as follows:
An Act concerning certain information regarding [law enforcement] certain public officers and supplementing Title 2C of the New Jersey Statutes and Titles 47 and 56 of the Revised Statutes.
(cf: P.L.2015, c.226, title)
4. Section 2 of P.L.2015, c.226 (C.47:1-17) is amended to read as follows:
2. A State or local governmental agency shall not knowingly post or publish on the Internet, or repost, republish, or otherwise make available, the home address or unpublished home telephone number of any active, formerly active, or retired probation officer, law enforcement officer [or law enforcement officer], or member of the Legislature without first obtaining the written permission of that [law enforcement officer or retired law enforcement officer] person.
(cf: P.L.2015, c.226, s.2)
5. Section 1 of P.L.2015, c.226 (C.2C:20-31.1) is amended to read as follows:
1. A person shall not knowingly, with purpose to expose another to harassment or risk of harm to life or property, or in reckless disregard of the probability of such exposure, post or publish on the Internet, or repost, republish, or otherwise make available, the home address or unpublished home telephone number of any active, formerly active, or retired probation officer, law enforcement officer, [law enforcement officer] or member of the Legislature, or the spouse or child [of a law enforcement officer] thereof. A reckless violation of this section is a crime of the fourth degree. A purposeful violation of this section is a crime of the third degree.
(cf: P.L.2015, c.226, s.1)
6. Section 3 of P.L.2015, c.226 (C.56:8-166.1) is amended to read as follows:
3. a. A person, business, or association shall not disclose on the Internet, or re-disclose or otherwise make available, the home address or unpublished home telephone number of [a] any active, formerly active, or retired probation officer, law enforcement officer [or retired law enforcement officer] , or member of the Legislature under circumstances in which a reasonable person would believe that providing that information would expose another to harassment or risk of harm to life or property.
b. A person, business, or association that violates subsection a. of this section shall be liable to the [law enforcement officer, retired law enforcement officer,] aggrieved person or any other person residing at the home address of the [law enforcement officer or retired law enforcement officer] aggrieved person, who may bring a civil action in the Superior Court.
c. The court may award:
(1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this act;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorney's fees and other litigation costs reasonably incurred; and
(4) any other preliminary and equitable relief as the court determines to be appropriate.
d. For the purposes of this section, "disclose" shall mean to solicit, sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, post, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.
(cf: P.L.2015, c.226, s.3)
7. (New section) a. Any active, formerly active, or retired probation officer or member of the Legislature whose home address or unpublished home telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, or whose immediate family member's name, home address, or unpublished telephone number is disclosed on the Internet, or re-disclosed or otherwise made available, by any person, business, or association, which in the case of a family member's name or home address may be used, alone or in conjunction with any other information, to identify the person as the family member of a probation officer or member of the Legislature, may request that the person, business, or association that disclosed, re-disclosed, or otherwise made available that information refrain from that action and remove the information from the Internet or where otherwise made available.
For purposes of this section, "immediate family member" shall include a spouse, child, or parent of an active, formerly active, or retired probation officer or member of the Legislature, or any other family member related by blood or by law to the probation officer or member of the Legislature who lives in the same residence.
b. (1) A request to refrain and remove information pursuant to subsection a. of this section shall be made in writing, addressed to the person, business, or association that disclosed, re-disclosed, or otherwise made available the information, and may be made by the probation officer or member of the Legislature, as appropriate, or by the person's employer with the consent of that person.
(2) Upon receipt of a written request to refrain and remove information, the person, business, or association that disclosed, re-disclosed, or otherwise made available the information shall have 72 hours to remove that information from the Internet or where otherwise made available, and shall not disclose, re-disclose, or otherwise make available that information to any other person, business, or association through any medium.
c. An active, formerly active, or retired probation officer or member of the Legislature whose own information, or immediate family member's information, was not timely removed from the Internet or where otherwise made available within 72 hours by a person, business, or association following receipt of a written request to refrain and remove that information, or the person, business, or association re-discloses on the Internet or otherwise makes available the same information at any time subsequent to receipt of the written request, may bring an action seeking injunctive or declaratory relief in the Superior Court. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay reasonable attorney's fees and other litigation costs reasonably incurred by the probation officer or member of the Legislature, as appropriate.
8. (New section) a. A person who is an active, formerly active, or retired probation officer or member of the Legislature shall be allowed to register to vote without disclosing the person's street address. The person registering to vote shall leave the space for a street address on the original permanent registration form blank and shall, instead, attach to the form a document showing proof that the person qualifies to register to vote pursuant to this subsection. The form shall contain a mailing address, post office box, or other contact point where mail can be received by the person registering to vote.
b. Upon receipt of a voter registration form completed pursuant to subsection a. of this section, the commissioner of registration in all counties having a superintendent of elections, and the county board of elections in all other counties, shall provide the person registering to vote with a map of the municipality in which the person resides which shows the various voting districts. The person shall indicate to the commissioner or board, as appropriate, the voting district in which the person resides and shall be permitted to vote at the polling place for that district. If such a person thereafter changes residences, and the person continues to qualify to register to vote pursuant to subsection a. of this section, the person shall so inform the commissioner or board by completing a new permanent registration form in the manner described in this section.
c. Any person who makes public any information which has been provided by a registrant pursuant to this section concerning the mailing address, post office box, or other contact point of the registrant, or concerning the election district in which the registrant resides, is guilty of a crime of the fourth degree.
d. The Secretary of State, in consultation with the county boards of elections and county superintendents of elections, shall develop guidelines and criteria to be used for the implementation of the voter registration provisions authorized under this section, which shall include, but may not be limited to, the documents that may be submitted as proof that a person qualifies to register to vote pursuant to subsection a. of this section.
9. Section 24 of P.L.1994, c.182 (C.39:2-3.2) is amended to read as follows:
24. a. The Secretary of State, with the assistance of the Chief Administrator of the New Jersey Motor Vehicle Commission, shall provide for an eligible applicant to simultaneously apply for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card, as applicable, and be automatically registered to vote, or have an existing voter registration updated, in a manner which satisfies both the requirements necessary to receive a license to operate a motor vehicle, pursuant to R.S.39:3-10, or an examination permit, a probationary driver's license, or a non-driver identification card, as applicable, and to register to vote, pursuant to R.S.19:4-1. The applicant shall be offered an opportunity to decline the automatic voter registration under this section.
b. (1) Pursuant to subsection a. of this section, for every application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card, and each related update, renewal, or change of address, except as provided in paragraphs (2) and (3) of this subsection, the Chief Administrator shall ensure that the information necessary for voter registration is collected from the application and promptly transmitted electronically to the Secretary of State. The Chief Administrator shall ensure that electronic records are not transmitted to the Secretary of State for any applicant who has declined registration. The Commissioner of Registration shall register to vote or update an existing registration for any eligible applicant who has not declined voter registration.
(2) Voter registration information from an application received online for the renewal of a motor vehicle driver's license or non-driver identification card shall be collected and promptly transmitted electronically to the Secretary of State upon the implementation by the Secretary of State of online voter registration. Subsection c. of this section shall be inapplicable to such applications until that time.
(3) Voter registration information from an application received through the mail for the renewal of a motor vehicle driver's license or non-driver identification card shall be exempt from collection and electronic transmission to the Secretary of State until such time as the Chief Administrator determines that the prompt electronic transmission of the information is practicable. Subsection c. of this section shall be inapplicable to such applications until that time. Following the effective date of P.L.2018, c.6, the Chief Administrator shall inform the Governor and the Legislature every six months of the practicability of collecting and transmitting to the Secretary of State voter registration information from such applications. This paragraph shall not be construed to preclude the Motor Vehicle Commission from processing voter registration applications received in the manner in which such applications were processed in connection with such renewals prior to the effective date of P.L.2018, c.6.
c. The Chief Administrator shall provide for the following notices to be provided with every application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card and every related update, renewal, or change of address:
(1) a notice that the applicant will be registered to vote, if eligible, unless the applicant specifically declines the automatic voter registration;
(2) a notice of the voter eligibility requirements under R.S.19:4-1 and the penalties for false registration and illegal voting under Title 19 of the Revised Statutes, which notice shall contain an affirmation that the applicant meets each such requirement and shall require the signature of the applicant, under penalty of law; [and]
(3) a notice that an applicant who is a victim of domestic violence or stalking may decline the automatic voter registration and register to vote without disclosing the applicant's street address pursuant to section 1 of P.L.1994, c.148 (C.19:31-3.2); and
(4) a notice that an applicant who is an active, formerly active, or retired probation officer or member of the Legislature may decline the automatic voter registration and register to vote without disclosing the applicant's street address pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. For each applicant already registered to vote, any change of address notification submitted to the Chief Administrator for the purpose of maintaining current information on an applicant shall be promptly reported to the Secretary of State. A change of address notification received by the Chief Administrator in paper format shall be reported to the Secretary of State no later than the 10th day following its receipt by the Chief Administrator. The Commissioner of Registration shall use the change of address notification to update an existing voter registration unless the applicant declines the automatic voter registration pursuant to this section and indicates that the change of address is not for voter registration purposes. A change of address notification submitted to the commission, which is used for voter registration purposes, shall be subject to the provisions of section 1 of P.L.1994, c.148 (C.19:31-3.2) if the person submitting the change of address notification previously registered to vote in accordance with that section.
e. If a person who is not entitled to vote becomes registered to vote pursuant to this section, that person's registration shall be presumed to have been effected with official authorization, and the person shall not be deemed to have committed a crime under R.S.19:34-1. This subsection shall not apply to a person who knowingly and willfully makes a false statement to effectuate voter registration.
f. The Secretary of State, with the assistance of the Chief Administrator, shall take appropriate measures to educate the public about voter registration under this section.
For the purposes of this section, "eligible applicant" means a person submitting to the commission an application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card who meets all requirements for eligibility to vote under R.S.19:4-1.
(cf: P.L.2018, c.6, s.3)
10. (New section) This act shall be liberally construed in order to accomplish its purpose and the public policy of this State, which is to enhance the safety and security of certain public officials who actively serve or have served the people of New Jersey, and the immediate family members of these persons, to foster the ability of these public servants, who play critical roles, to carry out their official duties without fear of personal reprisal from affected individuals related to the performance of their public functions.
11. This act shall take effect immediately.
STATEMENT
This bill would: (1) prohibit the disclosure, by both governmental entities and private parties, of the home addresses of any active, formerly active, or retired probation officer or member of the Legislature; (2) expand an existing crime concerning the disclosure of home addresses and unlisted telephone numbers for active or retired law enforcement officers to also cover active, formerly active, or retired probation officers and members of the Legislature; (3) permit criminal prosecutions and statutory civil actions concerning any prohibited disclosure; (4) allow active, formerly active, or retired probation officers and members of the Legislature to register to vote without disclosing their residential address; and (5) prohibit the public disclosure of the voter registration information of those persons.
To prohibit the government's disclosure of a home address (all persons' unlisted telephone numbers are already protected from disclosure), the bill would exclude those portions of any document identifying an address, whether a primary or secondary residence, from the definition of "government record" pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the Open Public Records Act, thereby deeming such information confidential. The bill would also require custodians of government records under that act to redact the address of an active, formerly active, or retired probation officer or member of the Legislature from any record prior to granting access to the record by a member of the public. However, an address would still be shared if it was sought for use by a governmental agency in carrying out its functions, or a private person or entity seeking to enforce a child support order.
The bill would also prohibit the State or a local governmental agency from posting or publishing on the Internet, or reposting, republishing, or otherwise making available, a home address or unlisted telephone number of an active, formerly active, or retired probation officer or member of the Legislature, expanding the scope of section 2 of P.L.2015, c.226 (C.47:1-17), which already prohibits such actions with respect to law enforcement officers.
It would establish the same prohibition for individuals, businesses, and associations, who under current law are prohibited from posting or publishing such information about current and retired law enforcement officers, and would subject a party who violated the law to the same criminal and civil liabilities that apply to violations involving law enforcement officers.
Specifically, it would be a crime to knowingly, with purpose to expose another to harassment or risk of harm to life or property, or in reckless disregard of the probability of this exposure, to post or publish on the Internet, repost, republish, or otherwise make available, the home address or unpublished telephone number of an active, formerly active, or retired probation officer or member of the Legislature or any such person's spouse or child. A reckless violation would be graded a crime of the fourth degree, punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. A purposeful violation would be a crime of the third degree, punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.
Individuals, businesses, and associations would be prohibited from disclosing on the Internet, or re-disclosing or otherwise making available, the information about an active, formerly active, or retired, probation officer or member of the Legislature under any circumstances in which a reasonable person would believe that providing such information would expose another to harassment or risk of harm to life or property. As a result of a violation, a court could award: (1) actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorney's fees and other litigation costs reasonably incurred; and (4) any other preliminary and equitable relief as the court determines to be appropriate.
Additionally, the bill would provide a means by which a probation officer or member of the Legislature would be able to make a request to cease a disclosure to an individual, business, or association that disclosed the public officer's home address or unpublished phone number, or the name, home address, or unpublished number of an immediate family member of the public officer (someone residing in the same residence); with respect to a family member's name or home address, the basis for ceasing the disclosure would be that the disclosed information, alone or in conjunction with any other information, could be used to identify the person as the family member of the public officer. The request would be required to be made in writing by the public officer, or that public officer's employer with the officer's consent. The recipient of the request would have 72 hours to remove any disclosed information from the Internet or where otherwise made available, and refrain from disclosing the information to any other person or entity through any medium.
If the recipient did not timely remove the information from the Internet or where otherwise made available, or made a subsequent disclosure in any medium after receipt of the request to cease disclosure, the aggrieved public officer could bring an action seeking injunctive or declaratory relief in the Superior Court. The party responsible for the continued disclosure would be required to pay reasonable attorney's fees and other litigation costs reasonably incurred for the action brought.
The bill also would permit a probation officer or member of the Legislature to register to vote without disclosing their street address. Such registrants would leave the space for a street address on the voter registration form blank and would, instead, attach to the form a document showing proof that the person qualifies to register to vote as permitted under the bill. The form would contain a mailing address, post office box, or other contact point where mail can be received by the person registering to vote. Upon receiving a voter registration form, the commissioner of registration or county board of elections, as the case may be, would provide the person registering to vote with a map of the municipality in which the person resides to select the voting district in which the registrant will be permitted to vote. Future address updates to the qualified registrant's voter registration form would be conducted in the same manner.
Under the bill, any person who makes public any information which has been provided by a registrant concerning the mailing address, post office box, or other contact point of the registrant, or concerning the election district in which the registrant resides, is guilty of a crime of the fourth degree. The bill directs the Secretary of State, in consultation with the county boards of elections and county superintendents of elections, to develop implementation guidelines and criteria including, but not be limited to, the required documentation and proof of eligibility.
The bill also amends current law concerning automatic voter registration services at the New Jersey Motor Vehicle Commission to require that a notice be provided to eligible applicants to inform them that they may decline the automatic voter registration and may register to vote without disclosing the applicant's street address as provided by the bill.
This provision of the bill is modeled after the privacy protections afforded under current law for victims of domestic violence and stalking with respect to their voter registration.
