[MCANJ Members] Message from the President Re: Daniel's Law

Please be advised that amendments to Daniel’s Law are expected to adopted soon and it is important you take note. Here is a brief general summary: Daniel’s Law is designed to limit the disclosure of the home addresses of judicial officers, prosecutors, and law enforcement officers as well as immediate family members of each residing in the same household. Recent amendments under A6171<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.njleg.stat… which is expected to be enacted soon, creates a process to implement Daniel’s Law which will be administered by the director of a new “Office of Information Privacy” (OIP) within the Department of Community Affairs (DCA). The OIP Director “shall be appointed by and serve at the pleasure of the Commissioner of Community Affairs” and will oversee the review and implementation process. Under the new procedure, an eligible person must make an application through a state web portal in order to request protection under the law. (The legislature created a process for this, including providing funding and authorizing the state to hire a consultant to create a web-based portal for submission of requests.) The OIP Director will receive, review and either approve or deny all applications. Once approved, “[a] public agency shall redact or cease to disclose…the home address of a covered person approved by the Office of Information Privacy not later than 30 days following the approval.” Certain notices will be impacted and the person requesting redaction “shall affirm in writing that the person understands that certain rights, duties, and obligations are affected as a result of the request, including” notices for development applications under the Municipal Land Use Law; election petitions and other materials; homes sales, lien, encumbrance and other real estate recordings; class action notifications; and other “legal, promotional, or official notice which would otherwise be provided to the person…” The Department of Banking and Insurance is also empowered to issue rules and regulations within eighteen months consistent with the new law. The law forbids local government agencies from “knowingly” engaging in the “post, repost, publish or republish on the Internet of the home address” of someone who has applied and been approved by DCA under the law. Anyone who violates the law knowingly is liable for a $1,000 fine plus reasonable attorney’s fees and punitive damages. This is a general summary and is not legal advice nor should you rely on this in any way in taking any action. Please consult with your municipal attorney for further specific advice. Please click here to access the Assembly bill: https://www.njleg.state.nj.us/2020/Bills/A9999/6171_R1.HTM<https://linkp… and the Senate bill: https://www.njleg.state.nj.us/2020/Bills/S4500/4219_I1.HTM<https://linkp… Thank you. Kim-Marie White MCANJ President