N.J. Stat. tit. 52, ch. 4

N.J. Stat. tit. 52, ch. 4
in effect

N.J. Stat. § 52:4-1 Promulgation of national census

52:4-1. The governor is authorized to issue a statement declaring the date on which the Governor received the federal decennial census. Whenever in any statute or regulation reference is made to promulgation of the federal decennial census, the same shall mean and refer to the receipt by the Governor of the official federal decennial census. Amended 2021, c.369, s.1.

N.J. Stat. § 52:4-1.1 Collection, maintenance of information concerning incarcerated individuals.

1. The Department of Corrections shall collect and maintain an electronic record of the residential address of each individual entering its custody starting on the 30th day following the date of enactment of P.L.2019, c.385 (C.52:4-1.1 et seq.). At a minimum, this record shall contain the last known complete street address of each such individual prior to incarceration, the individual's race, whether the individual is of Hispanic or Latino origin, and whether the person is over the age of 18. To the degree possible, the record shall also permit an alternative residential address to be updated, as appropriate. For the purposes of P.L.2019, c.385 (C.52:4-1.1 et seq.), the classification of an individual's race, ethnic origin, and age shall be the same as used by the United States Bureau of the Census for the purposes of Pub.L.94-171 (13 U.S.C. s.141). L.2019, c.385, s.1.

N.J. Stat. § 52:4-1.2 Information concerning incarcerated individuals to be delivered to the Secretary of State.

2. a. In each year in which the federal decennial census is taken and in which the United States Bureau of the Census enumerates incarcerated persons as residents of correctional facilities, the Department of Corrections shall, by May 1st of that year, deliver to the Secretary of State: (1) a unique identifier, not including the name, for each incarcerated individual subject to the jurisdiction of the department on the date the bureau completes the federal decennial census for the State; (2) the street address of the correctional facility in which the individual was incarcerated at the time of the report; (3) the residential address of the individual prior to incarceration or alternative residential address, if known; (4) the individual's race, whether the individual is of Hispanic or Latino origin, and whether the individual is over the age of 18, if known; and (5) any additional information the secretary may deem necessary. b. The department shall provide the information specified in subsection a. of this section in such form as the secretary shall specify. c. Notwithstanding any other provision of law, the information required to be provided under this section shall not include the name of any incarcerated individual and shall not allow for the identification of any such individual therefrom. The identity of each such individual shall be treated as confidential and shall not otherwise be disclosed except as aggregated by census block for purposes specified in section 5 of P.L.2019, c.385 (C.52:4-1.5). L.2019, c.385, s.2.

N.J. Stat. § 52:4-1.3 Request for report.

3. The secretary shall request of each agency that operates a federal facility in this State that incarcerates persons convicted of a criminal offense to provide the secretary with a report that includes the information specified in section 2 of P.L.2019, c.385 (C.52:4-1.2). L.2019, c.385, s.3.

N.J. Stat. § 52:4-1.4 Geographic units of population counts.

4. a. For each individual included in a report received under sections 2 and 3 of P.L.2019, c.385 (C.52:4-1.2 and C.52:4-1.3), the secretary shall determine the geographic units for which population counts are reported in the federal decennial census that contain the address of the facility in which the individual was incarcerated and the residential address of the individual, as listed according to the report. No later than December 31st of each year in which the federal decennial census is taken and in which the United States Bureau of the Census enumerates incarcerated persons as residents of the geographic units in which the correctional facilities are located, the secretary shall report to the members of the Apportionment Commission, established pursuant to Article IV, Section III, paragraphs 1 through 3 of the New Jersey Constitution, that this determination has been completed. b. For each individual included in a report received under sections 2 and 3 of P.L.2019, c.385 (C.52:4-1.2 and C.52:4-1.3), if the residential address of the individual is known and located in this State, the secretary shall: (1) re-allocate all relevant population counts reported in the census to reflect residential address, as determined under sections 2 and 3, on the date the Bureau of the Census completes the federal decennial census for the State; and (2) ensure that the individual is not represented in any applicable population counts reported in the federal decennial census for the geographic units that include the facility at which the person was incarcerated on the day the bureau completes the federal decennial census for this State. c. For each individual included in a report received under sections 2 and 3 of P.L.2019, c.385 (C.52:4-1.2 and C.52:4-1.3), and for all persons reported in the census as residing in a federal correctional facility for whom a report was not provided, if the residential address of the individual is not known or not located in this State, the secretary shall: (1) re-allocate all relevant population counts reported in the census to reflect that the person resided at an unknown geographic location within the State on the day the bureau completes the federal decennial census for this State; and (2) ensure that the individual is not represented in any applicable population counts reported in the federal decennial census for the geographic units that include the facility at which the person was incarcerated on the day the bureau completes the federal decennial census for this State. L.2019, c.385, s.4.

N.J. Stat. § 52:4-1.5 Report of data to Apportionment Commission.

5. The Secretary of State shall report the data as determined under section 4 of P.L.2019, c.385 (C.52:4-1.4) to the members of the Apportionment Commission, established pursuant to Article IV, Section III, paragraphs 1 through 3 of the New Jersey Constitution, not later than the seventh day after the Governor receives the data provided pursuant to Pub.L.94-171 (13 U.S.C. s.141) for this State from the United States Bureau of the Census. The data prepared by the secretary under section 4 of P.L.2019, c.385 (C.52:4-1.4), together with data provided by the bureau pursuant to Pub.L.94-171 (13 U.S.C. s.141), shall be the basis of the legislative districts established by the Apportionment Commission. To the greatest extent practicable, districts shall be drawn so as to meet equal population requirements calculated under both data sets. Residences at unknown geographic locations within the State described in section 4 of P.L.2019, c.385 (C.52:4-1.4) shall not be used to determine the ideal population of any set of districts or wards. L.2019, c.385, s.5.

N.J. Stat. § 52:4-1.6 Reporting of certain data to the Apportionment Commission.

1. a. Upon reporting the data determined under section 4 of P.L.2019, c.385 (C.52:4-1.4) to the members of the Apportionment Commission pursuant to section 5 of P.L.2019, c.385 (C.52:4-1.5), the Secretary of State shall also report the same to the members of the New Jersey Redistricting Commission established under Article II, Section II, paragraphs 1 through 9 of the New Jersey Constitution and P.L.1991, c.510 (C.19:46-6 et seq.) for the establishment of congressional districts; to the members of each county district commission for the establishment of the county districts under section 121 of P.L.1972, c.154 (C.40:41A-121); to the members of each ward commission for the establishment of the municipal wards under section 7 of P.L.1981, c.496 (C.40:44-15), and to each entity responsible for the apportionment of the members of each board of education of a regional school district pursuant to the provisions of N.J.S.18A:13-8, and sections 1 and 3 of P.L.2017, c.45 (C.18A:13-34a and C.18A:13-46.1, respectively). b. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the data prepared by the secretary under section 4 of P.L.2019, c.385 (C.52:4-1.4), together with data provided by the bureau pursuant to Pub.L.94-171 (13 U.S.C. s.141), shall be the basis of the congressional districts established by the New Jersey Redistricting Commission, of county districts established by each county district commission, and of municipal wards established by each municipal ward commission. To the greatest extent practicable, congressional districts, county districts, and municipal wards shall be drawn so as to meet equal population requirements calculated under both data sets. Residences at unknown geographic locations within the State described in section 4 of P.L.2019, c.385 (C.52:4-1.4) shall not be used to determine the ideal population of any set of districts or wards. c. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the data prepared by the secretary under section 4 of P.L.2019, c.385 (C.52:4-1.4) shall be the basis of the apportionment of the members of each board of education of a regional school district pursuant to chapter 13 of Title 18A of the New Jersey Statutes. Residences at unknown geographic locations within the State described in section 4 of P.L.2019, c.385 (C.52:4-1.4) shall not be used to determine the apportionment of each board of education of a regional school district. L.2021, c.198, s.1.

N.J. Stat. § 52:4-2 Effective date of 1960 census

The Federal Census of 1960 shall become effective May 6, 1961, or on the date of the filing of the bulletin provided for in section 52:4-1 of the Revised Statutes, whichever date is later. Amended by L.1961, c. 3, p. 15, s. 1.

N.J. Stat. § 52:4-3 Effective date of 1970 census

Except for the apportionment and election of the members of boards of education of regional districts pursuant to P.L.1970, c. 305 (C. 18A:13-9.1 et seq.), the Federal census of 1970 shall become effective May 1, 1971, or on the date of the filing of the bulletin provided for in R.S. 52:4-1, whichever date is later. L.1971, c. 14, s. 1, eff. Jan. 28, 1971.

N.J. Stat. § 52:4-4 Effective date of federal census of 1980

The Federal census of 1980 shall become effective January 1, 1982, or on the date of filing of the bulletin provided for in R.S. 52:4-1, whichever date is later. L.1981, c. 298, s. 1, eff. Oct. 9, 1981.

N.J. Stat. § 52:4-5 Effective date of Federal census of 2000

1. Notwithstanding the provisions of any law to the contrary, the Federal census of 2000 shall become effective on January 1, 2002. This act shall not determine the effective date of the census for the purposes of reapportionment or redistricting following the promulgation of the 2000 Federal census, or for the purpose of the distribution of financial aid by the State to any of its political subdivisions. L.2001,c.257.

N.J. Stat. § 52:4-6 Findings, declarations.

1. The Legislature finds and declares that: Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPI), Middle Easterners and North Africans (MENA), and South Asian and Indian Diaspora peoples are significant and important communities in New Jersey. New Jersey has nearly one million Asian Americans, Native Hawaiians, and Pacific Islanders residing in the State, about 10 percent of the State population. The number of Middle Eastern and North African and South Asian and Indian Diaspora residents cannot be accurately determined with the current collection methods. The members of these communities have made significant contributions to the culture and economy of this State. Due to the diversity in the AANHPI communities, the United States Office of Management and Budget's Statistical Policy Directive No. 15, entitled "Race and Ethnic Standards for Federal Statistics," separated the "Asian and Pacific Islander" category into two distinct and separate categories, now called "Asians" and "Native Hawaiians and Other Pacific Islanders." These two distinct categories were first used in the 2000 United States Census. The United States Census Bureau currently reports data for more than 20 different ethnicities within these two categories. The MENA communities in this State and on the federal level are categorized as "White." However, this racial identity has not matched the discrimination in housing, workplaces, and through daily life that many in the MENA community say they have faced. Many younger people in the MENA community often compare their experiences to those in communities of color. However, with a lack of a clear category, this paradox has been difficult to show through data. The South Asian and Indian Diaspora communities in this State often have difficulty selecting which category they fit into when filling out demographic information. Given India's extensive migration history over the centuries, ethnic Indians have established communities on every continent as well as on islands in the Caribbean and the Pacific and Indian Oceans. These communities are wide-ranging and while they do share geographical and cultural commonalities, they also experience diverse social, educational, health, and economic differences that are unique to their respective communities. Existing State law requires demographic data to be collected, which includes the AANHPI communities. However, the collection by State agencies is often far too general and does not incorporate breakdowns for the numerous ethnic groups within the AANHPI communities. Additionally, State law does not require such a breakdown for the MENA and South Asian and Indian Diaspora communities. Also, this data is not made as accessible as it can be to the public. Data should be updated on a regular basis and made accessible to the public so that local governments, elected officials, decision makers, and other stakeholders can use the information to strategically target programs for those most in need. Given the diversity of languages and culture, separating data for additional Asian, Native Hawaiian, Pacific Islander, Middle Eastern and North African, and South Asian and Indian Diaspora ethnic groups and making that data publicly accessible are critical for enhancing our State's understanding of the needs and experiences of these different communities. L.2023, c.264, s.1.

N.J. Stat. § 52:4-7 Demographic data collection, separate collection categories, tabulations.

2. a. Each State agency that directly or by contract collects demographic data as to the ancestry of residents of the State of New Jersey shall use separate collection categories and tabulations for the following: (1) each major Asian group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, Cambodian, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan, and Thai; (2) each major Pacific Islander group, including, but not limited to, Native Hawaiian, Chamorro or Guamanian, Samoan, Fijian, and Tongan; (3) each major Middle Eastern and North African group, including, but not limited to, Algerian, Bahraini, Egyptian, Jordanian, Kuwaiti, Lebanese, Libyan, Moroccan, Omani, and Tunisian; (4) each major South Asian and Indian Diaspora group, including, but not limited to, Guyanese, Trinidadian and Tobagonian, and Surinamese; and (5) other Asian, Pacific Islander, South Asian and Indian Diaspora, or Middle Eastern and North African groups. b. Each State agency that directly or by contract collects demographic data as to the ancestry of residents of the State of New Jersey shall use separate collection categories and tabulations for the following: (1) the primary language spoken at home and, if such language is a non-English language, whether the respondent is fluent in English; and (2) the ancestry. c. The data collected pursuant to the provisions of subsections a. and b. of this section shall be included in every demographic report on ancestry of residents of the State of New Jersey by the State agency published or released on or after the first day of the sixth month following the effective date of this act, P.L.2023, c.264 (C.52:4-6 et seq.). The data shall be made available to the public in accordance with State and federal law, except for personal identifying information, which shall be deemed confidential, by posting the data on the internet website of the State agency. d. State agencies may continue to collect and report demographic data in the form that the data was submitted if the data was collected under either of the following circumstances: (1) Pursuant to federal laws, regulations, programs, or surveys, whereby the requirements or guidelines for demographic data collection categories are defined by the federal law, regulation, program, or survey. (2) Demographic data collected by other entities, including third-party, entity-administered surveys not solely funded by the State agency. e. Each State agency may update its data collection and reporting practices as needed in response to changes made to the American Community Survey published by the United States Census Bureau. f. As used in this section: "Ancestry" means the respondent's self-identification of the respondent's origin or descent, "roots," heritage, or place where the respondent or the respondent's parents or ancestors were born. "Primary language spoken at home" means the language currently used by respondents at home, either "English only" or a non-English language which is used in addition to English or in place of English. "State agency" means any agency in the executive branch of the State government, including, but not limited to, any department, board, bureau, commission, division, office, council, or instrumentality thereof, or independent agency, public authority or public benefit corporation, and any State college or public institution of higher education. L.2023, c.264, s.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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