47:1B-1 Definitions.

707 words·~3 min read·/nj/title-47/chapter-1b/47-1b-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. a. As used in this act, P.L.2021, c.371 (C.47:1B-1 et al.):

"Authorized person" means a covered person or any of the following persons hereby authorized to submit or revoke a request for the redaction or nondisclosure of a home address on behalf of a covered person:

(1)on behalf of any federal judge, a designee of the United States Marshals Service or of the clerk of any United States District Court, provided that the designee submits the affirmation required under subsection d. of section 2 of P.L.2021, c.371 (C.47:1B-2) signed by each federal judge for whom a request or revocation is made;

(2)on behalf of any covered person who is deceased or medically or psychologically incapacitated, a person acting on behalf of the covered person as a designated trustee, as an estate executor, or pursuant to a written power of attorney or other legal instrument, provided that the person signs and submits the affirmation required under subsection d. of section 2 of P.L.2021, c.371 (C.47:1B-2) in the stead of the covered person; and

(3)on behalf of any immediate family member who is a minor and who is otherwise entitled to address redaction or nondisclosure pursuant to this act, the parent or legal guardian thereof.

"Covered person" means an active, formerly active, or retired judicial officer, law enforcement officer, or child protective investigator in the Division of Child Protection and Permanency, as those terms are defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), or prosecutor, and any immediate family member residing in the same household as the judicial officer, law enforcement officer, child protective investigator in the Division of Child Protection and Permanency, or prosecutor.

"Immediate family member" means a spouse, child, or parent of, or any other family member related by blood or by law to, an active, formerly active, or retired judicial officer, law enforcement officer, or child protective investigator in the Division of Child Protection and Permanency, as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), or prosecutor and who resides in the same household as the judicial officer, law enforcement officer, child protective investigator in the Division of Child Protection and Permanency, or prosecutor.

b. There is established in the Department of Community Affairs an office to be known as the Office of Information Privacy. The office shall be led by a director, who shall be appointed by and serve at the pleasure of the Commissioner of Community Affairs and who may hire staff as necessary.

c. The director shall establish:

(1)a secure portal through which an authorized person may submit or revoke a request for the redaction or nondisclosure of a covered person's home address from certain records and Internet postings, as provided in section 2 of P.L.2021, c.371 (C.47:1B-2); and such requests shall not be subject to disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.);

(2)a process by which an authorized person may petition the director for reconsideration of a denial of such request or any revocations thereof;

(3)a process by which a person or entity may request receipt of a record that does not contain redactions, or of information that is not disclosable, resulting from subsection a. of section 2 of P.L.2021, c.371 (C.47:1B-2); and

(4)a process for the evaluation of any other exceptions to the requirement for redaction or nondisclosure pursuant to section 2 of P.L.2021, c.371 (C.47:1B-2), whether categorical or individualized. The director may grant an exception to any person or entity for the receipt of the unredacted records or information pursuant to this process.

d. The director shall evaluate and either approve or deny a request submitted pursuant to subsection c. of this section and any revocations thereof.

(1)The director may enter into any agreement or contract necessary to effectuate the purposes of this act.

(2)The director may issue any guidance, guidelines, decisions, or rules and regulations necessary to effectuate the purposes of this act. The rules and regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

L.2021, c.371, s.1; amended 2023, c.113, s.3.