New New Jersey Laws That Take Effect Oct. 1, 2017

If somebody asks for your driver's license, you shouldn't have to worry anymore whether they're going to collect all your personal information.

That is just one of many new policies taking effect in New Jersey on Oct. 1. Legislation that regulates the amount of information a retail establishment collects from a driver's license, or any government-issued ID card, is among three laws that will impact the way you live beginning Sunday.

Here is more information:

Driver license information

This summer, Gov. Chris Christie signed into law the "Personal Information and Privacy Protection Act," which limits the purposes for which retail establishments may lawfully scan a person’s government-issued identification card, such as a driver’s license. The law takes effect Oct. 1.

It also limits the data that can be collected from such scanning and how these data can be retained and used. Typically, a retail establishment may ask for your driver's license when you attempt to return items. Occasionally, you could be asked for your ID when you charge items on your credit card.

According to a blog post from WilmerHale, an international law firm, data that can be collected when scanning a person's ID card includes:

• The person’s name
• Address
• Birth date
• ID card number
• The jurisdiction that issued the card.

A retail establishment is allowed to scan an ID card for only eight purposes, according to the law firm, including to:

1. Verify the identity of a person or validity of an ID card if a person does not pay in cash, returns an item, or requests a refund or exchange
2. Verify the age of someone seeking age-restricted goods or services
3. Prevent fraudulent returns or exchanges if the business uses a “fraud prevention service company or system”
4. Prevent fraud relating to a transaction to “open or manage a credit account”
5. “Establish or maintain a contractual relationship”
6. “Record, retain, or transmit information as required” by law
7. Convey information to a financial institution, debt collector or consumer reporting agency that will be used in accordance with the Fair Credit Reporting, Gramm-Leach-Bliley, or Fair Debt Collection Practices Acts
8. “Record, retain, or transmit information by a covered entity” governed by Health Insurance Portability and Accountability Act rules

If the data are compromised by a breach, the entity needs to report the breach to affected people and the New Jersey State Police under New Jersey’s data breach notification law, according to the law firm. A retail establishment may not share or sell such data for marketing, advertising or promotional activities.

Violators face a $2,500 civil penalty for a first violation and a $5,000 civil penalty for each violation thereafter. In addition, an affected person may sue the retail establishment for damages.

Background checks for daycare providers

New Jersey has passed a law requiring family day care providers and certain household members to undergo criminal history record background checks. The state passed the measure to comply with federal law, which takes effect Sunday.

If a prospective or current family day care provider, an assistant provider or substitute provider refuses to consent to a background check, a family day care sponsoring organization shall deny them a provider's application.

"The requirement for background checks for family child care providers is a long overdue protection for New Jersey's working families, and I am pleased the governor acted quickly to sign this bill into law," said Sen. Shirley Turner, a Democrat from Mercer, a prime sponsor, according to an nj.com report. "Parents whose finances do not support the option to stay home to care for their children themselves deserve to make informed decisions about the home care providers they choose."

Gas prices

A little-talked-about provision in last year's gas-tax increase could have triggered another hike by Oct. 1. The state, however, has chosen a different path.

The Christie administration has decided not to raise the gas tax again, nearly a year after raising it 23 cents to help fund the Transportation Trust Fund.

The state has decided not to take advantage of a provision that would have allowed a tax hike if revenues that fund the Transportation Trust Fund fell short of expectations. The fund pays for important emergency road projects.

The Christie administration's Petroleum Products Gross Receipts Tax shows the tax rate will stay the same after Oct. 1. A treasury department spokesman confirm that there will be no gas tax hike.

Read more: Christie Administration Makes Decision On Potential Gas Tax Increase

Homeowner/community associations

This summer, Christie signed into law bipartisan legislation amending and supplementing the Planned Real Estate Development Full Disclosure Act (PREDFDA). The new law provides that all homeowners who belong to associations have the ability to fully participate in the election of their executive board.

The legislation applies to all common interest developments in New Jersey, including condominium associations, homeowners’ association and cooperatives, regardless of whether the community was established prior to the effective date of PREDFDA, according to Stark and Stark law firm on the New Jersey Law Blog.

Find out more about the law by clicking here.

Patch file photo of NJ Statehouse