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Bill

Bill

S 3673

Relates to unfair claim settlement practices

2025 Regular Session Introduced by Leroy Comrie

The bill creates a voluntary brain injury notation on NJ driver licenses/IDs and a statewide registry to help law enforcement identify and communicate with individuals with TBI/ABI

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Bill Summary · S 3673

Summary — S-3673 (Diegnan) — Relates to unfair claim settlement practices / drivers with certain brain injuries

Status and procedural history
- Introduced: September 30, 2024 (221st Legislature).
- Reported by Senate Transportation Committee with amendments: December 5, 2024.
- Referred to Senate Budget & Appropriations Committee (12/05/2024).
- Referred to Senate Insurance Committee: January 29, 2025.
- Sponsor (bill text): Senator Patrick J. Diegnan, Jr.; committee reprint shows additional sponsors (Senator Parker Space; co-sponsors Singleton, Burgess, Johnson). Companion/related bills listed (A2961, A7102, prior-session S-series).

Purpose / intent
- To improve identification and communication between law enforcement or emergency medical personnel and people diagnosed with traumatic or acquired brain injuries (TBI/ABI). The bill creates (1) a voluntary notation on New Jersey driver’s licenses and non‑driver IDs and (2) a secure MVC registry containing information to assist officers when interacting with such individuals. It also requires a statewide training program for law enforcement on identifying and communicating with people with brain injuries.

Key provisions
1. Voluntary license/ID notation (Title 39/53 supplement)
- The MVC Chief Administrator must permit basic driver’s license or non‑driver ID holders to voluntarily indicate on their credential that they have been diagnosed with a traumatic or acquired brain injury by a licensed health professional (per Title 45 R.S.).
- The notation will carry a restriction code displayed on the credential. Individuals may remove the designation at any time.
- The notation is explicitly limited for use by law enforcement or emergency medical professionals to identify and communicate with the person and “shall not be used for any other purpose.”

  1. Statewide registry (MVC)

    • The Chief Administrator must establish/maintain an automated statewide registry accessible to law enforcement for the same purpose.
    • Voluntary registrant data may include, but is not limited to: license plate/registration of vehicles regularly operated, emergency contact who can communicate on the registrant’s behalf, and other information assisting communication.
    • Submission/update/removal can be done via the MVC website, by mail, or when applying for credentials.
    • Access is limited to designated MVC employees and law enforcement accessing motor vehicle records; registry data may be used exclusively during motor vehicle stops or other law enforcement actions.
  2. Confidentiality and discoverability

    • Information in the registry is excluded from public access laws (e.g., OPRA) and not discoverable as a government record except by grand jury subpoena or court order in criminal matters (as amended).
    • MVC employees designated to administer the program have limited civil/criminal liability for system failures, inaccurate inputs by registrants, or inability to contact emergency contacts — except where conduct is malicious or shows wanton/willful disregard.
  3. Law enforcement training program

    • The Superintendent of State Police, in consultation with the MVC Chief Administrator and Commissioner of Human Services, must develop a training program for law enforcement to identify and effectively communicate with persons with TBI/ABI.
    • Training must include de‑escalation techniques, proper use of the registry, and other Human Services‑recommended information.
    • The program must be made available annually to every county and municipal law enforcement agency in the State.

Effective date / implementation
- Sections establishing the license/ID notation and registry take effect on the first day of the seventh month after enactment. The MVC Chief Administrator may take administrative steps in advance to implement the program.

Who is affected
- Primary: New Jersey residents diagnosed with traumatic or acquired brain injuries who choose to opt into the license notation and/or registry.
- Secondary: Law enforcement officers and emergency medical personnel who will use the notation/registry during stops or emergencies; MVC employees administering the system; designated emergency contacts.

Potential impact and considerations
- Expected benefits: improved safety and communication during traffic stops and emergencies; tailored, de‑escalatory law enforcement responses for people with brain injuries.
- Privacy safeguards: registry data is narrowly accessible and excluded from routine public records, with limited exceptions.
- Limitations: enrollment is voluntary and relies on accurate self‑reporting and registry updates; liability protections favor MVC and its employees except in cases of malicious/wanton conduct.

Related/companion legislation
- Companion Assembly bill(s): A2961, A7102 (listed). Prior-session bills on related topics are noted (S-29, S-242, S-2544, S-4735, S-5336, S-5585, S-2487).

For more details, consult the full bill text (Introduced and 1st Reprint) and committee reports.

Compiled from official sources — confirm details with the bill’s official record.

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