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Bulletin: NJ2020006

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Bulletin: NJ2020006

Bulletin Document
V 3
Date: December 10, 2020
To: All New Jersey Issuing Offices
RE: UNDERWRITING - A1649/S2797 - Daniel’s Law

Dear Associates:

Please be advised that on November 20, 2020, the State of New Jersey enacted the following bill, A1649/S2797, which prohibits disclosure of certain personal information of active, formerly active, and retired judicial officers, prosecutors, and law enforcement officers, and their family members; and establishes criminal and civil action for disclosing such information. This bill shall take effect immediately.

The bill amends the Open Public Records Act (“OPRA”) to exclude from the definition of a government (i.e., public) record the portion of any document which discloses the home address of any active or retired 1) judge, 2) prosecutor or 3) law enforcement officer.

The bill also prohibits government agencies, individuals and businesses from knowingly publishing on the internet, or otherwise making available, the home address or unpublished home telephone number of any active or retired judge or any active or retired prosecutor.

Lastly, the bill enables any active or retired judge, prosecutor, or law enforcement officer whose home address or unpublished telephone number is disclosed on the internet or otherwise made available to the public, or whose immediate family member’s name, home address, or unpublished phone number is disclosed on the internet or otherwise made available to the public, to request that the information be removed.

The government agency, individual or business would be required to remove the information within 72 hours of receiving such a request in writing.

As of now, it is unclear which government office or agency will be in charge of implementing the law and how it is going to affect the title industry moving forward, but we will keep you informed as to any new developments with this law. Until further notice, all Stewart Title agents must include a requirement for any buyer or seller to disclose whether they fall within the group of protected individuals. If confirmed, please contact our offices for further guidance.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

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