ASSEMBLY, No. 2121

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 3, 1996

 

 

By Assemblymen CONNORS and MORAN

 

 

An Act providing for the issuance of certain license plates for the purpose of supporting certain maritime history or marine life preservation projects for the coastal area of the State and supplementing chapter 3 of Title 39 of the Revised Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. The Legislature finds and declares that:

    a. Maritime history and marine life are important parts of the State's heritage and the enjoyment of its prized resource, the New Jersey shore and coastline;

    b. The Barnegat Bay Decoy and Baymen's Museum is a unique and valuable resource for recording and preserving the history and artifacts of coastal bay life, such as sea-faring vessels and boating memorabilia dating from at least the last century, including schooners, brigantines and sloops built in bay ports like Tuckerton, New Jersey, home-built sneakboxes , and skillfully hand carved duck decoys;

    c. The Barnegat Bay Decoy and Baymen's Museum serves as a centerpiece for the economic revitalization of the Barnegat bay area as a coastal cultural and recreational tourist center from which the entire State can benefit; and

    d. The Barnegat Bay Decoy and Baymen's Museum and other important and valuable maritime history and marine life preservation projects merit a stable funding source, particularly if it is provided by those individuals who prize and take pride in these valuable resources.

    The Legislature therefore determines that creating special license plates provides an individual with the opportunity to support these resources, advertise their availability and popularity, and provide a stable source of funding paid for through a voluntary but administratively efficient system sponsored by the State.

 

    2. As used in this act:

    "Accounts" means the "Barnegat Bay Decoy and Baymen's Museum Account" and the "Maritime History and Marine Life Preservation Project Account" created pursuant to section 6 of this act;

    "Commissioner" means the Commissioner of Environmental Protection;

    "Department" means the Department of Environmental Protection;

    "Director" means the Director of the Division of Motor Vehicles in the Department of Law and Public Safety;

    "Division" means the Division of Motor Vehicles in the Department of Transportation.

 

    3. The Director of the Division of Motor Vehicles shall, upon proper application therefor, issue Barnegat Bay Decoy and Baymen's Museum license plates or such other maritime history or marine life preservation project license plates as the Department of Environmental Protection selects pursuant to section 4 of this act for any motor vehicle owned or leased and registered in the State. In addition to the registration number and other markings or identification otherwise prescribed by law, the license plate shall display words or a slogan and an emblem indicating support for, or an interest in, the Barnegat Bay Decoy and Baymen's Museum or a maritime history or marine life preservation project selected by the department pursuant to section 4 of this act. The words or slogan and emblem shall be chosen by the director, who shall solicit, in conjunction with the Legislature, input from the general public on the design of the plate and shall review the submissions prior to choosing the design. Issuance of special license plates in accordance with this section shall be subject to the provisions of chapter 3 of Title 39 of the Revised Statutes, except as hereinafter otherwise specifically provided.

 

    4. a. The department shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.58:14B-1 et seq.), establish the criteria and process for selection of maritime history or marine life preservation projects to be supported by special license plates issued pursuant to section 3 of this act, the procedures for awarding of grants, and the limitation on the amount of individual grants from the Maritime History and Marine Life Preservation Project Account created pursuant to section 6 of this act.

    b. Following adoption of these rules and regulations, the department shall select the project or projects to be selected for special license plates issued pursuant to section 3 of this act, after consultation with the director regarding the estimated costs of issuing those special license plates and the potential revenues therefrom, and include the selection and grant allocation in the department's budget request.

 

    5. a. Application for issuance of a license plate authorized pursuant to section 3 of this act shall be made to the division on forms and in a manner as may be prescribed by the director. In order to be deemed complete, an application shall be accompanied by a fee of $50 payable to the division , which fee shall be in addition to all fees otherwise required by law for the registration of the motor vehicle.

    b. The annual fee for the registration certificate of a motor vehicle that has been issued a license plate authorized in section 3 of this act, pursuant to the provisions of this act, shall include in each year subsequent to the year of issuance a Barnegat Bay Decoy and Baymen's Museum license plate fee or a maritime history or marine life preservation project license plate fee in the amount of $10, which fee shall be in addition to all fees otherwise required by law for the renewal of the registration of the motor vehicle and shall be collected by the division and, as provided in section 6 of this act, deposited into the respective accounts created pursuant to section 6 of this act.

 

    6. a. There are created in the Department of Environmental Protection two special non-lapsing accounts to be known as the "Barnegat Bay Decoy and Baymen's Museum Account" and the "Maritime History and Marine Life Preservation Project Account." There shall be deposited into each of the accounts, the amounts collected from license plate fees collected pursuant to section 5 of this act, less the amounts necessary to reimburse the division for administrative costs pursuant to section 7 of this act, as follows:

    (1) the amount collected from Barnegat Bay Decoy and Baymen's Museum license plate fees shall be deposited in the Barnegat Bay Decoy and Baymen's Museum Account; and

    (2) the amount collected from other maritime history or marine life preservation project license plate fees shall be deposited in the Maritime History and Marine Life Preservation Project Account.

    b. Monies deposited in the accounts shall be dedicated to the purposes set forth in section 8 of this act. Monies deposited in the accounts shall be held in interest-bearing accounts in public depositories as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited into the accounts , and any monies which may be appropriated or otherwise become available for the purposes of the accounts , shall be credited to and deposited in the accounts for use as set forth in this act.

 

    7. a. Prior to the deposit of license plate fees collected pursuant to section 5 of this act into the accounts, amounts thereof as are necessary shall be used to reimburse the division for all costs reasonably and actually incurred, as stipulated by the director, for producing, issuing, renewing, making computer programming changes in connection with and publicizing the availability of Barnegat Bay Decoy and Baymen's Museum and other maritime history or marine life preservation project license plates.

    b. The director shall annually certify to the commissioner the average cost per license plate incurred in the immediately preceding year by the division in producing, issuing, renewing, making computer programming changes in connection with and publicizing the availability of Barnegat Bay Decoy and Baymen's Museum and other maritime history or marine life preservation project license plates. The annual certification of the average cost per license plate shall be approved by the Joint Budget Oversight Committee, or its successor.

    c. In the event that the average cost per license plate as certified by the director and approved by the Joint Budget Oversight Committee, or its successor, is greater than the $50 application fee established in subsection a. of section 5 of this act in two consecutive fiscal years, the director may discontinue the issuance of Barnegat Bay Decoy and Baymen's Museum and other maritime history or marine life preservation project license plates.

 

    8. a. The Governor shall include in the annual budget recommendations to the Legislature, pursuant to section 11 of P.L.1944, c.112 (C.52:27B-20), a recommendation for an appropriation from the accounts created pursuant to section 6 of this act for the purposes set forth in this section. The Legislature shall annually appropriate to the department from the first $600,000 in license plate fees collected pursuant to section 5 of this act and deposited in the accounts:

    (1) An amount not to exceed $400,000 for a grant to the Barnegat Bay Decoy and Baymen's Museum for the purposes of supporting and maintaining the museum, to be appropriated from the Barnegat Bay Decoy and Baymen's Museum Account created pursuant to section 6 of this act; and

    (2) An amount not to exceed $200,000 for a grant to an agency, group, organization or individual responsible for a maritime history or marine life preservation project selected by the department as eligible for a special license plate issued pursuant to section 3 of this act, to be appropriated from the Maritime History and Marine Life Preservation Project Account created pursuant to section 6 of this act and allocated as provided in the rules and regulations adopted pursuant to section 4 of this act .

    b. If an amount less than $600,000 is collected from license plate fees pursuant to section 5 of this act in any given year, the amounts provided in paragraphs (1) and (2) of subsection a. of this section shall be reduced proportionately.

 

    9. The director shall notify eligible motorists of the opportunity to obtain special license plates authorized in section 3 of this act by including a notice with all motor vehicle registration renewals, and by posting appropriate posters or signs in all division facilities and offices, as may be provided by the department. The notices, posters, and signs shall be designed by the commissioner. The designs shall be subject to the approval of the director, and the commissioner shall supply the division with the notices, posters, and signs to be circulated or posted by that division.

 

    10. The commissioner, the director, and the State Treasurer shall develop and enter into an interagency memorandum of agreement setting forth the procedures to be followed by the department and the division in carrying out their respective responsibilities under this act.

 

    11. This act shall take effect on the 180th day after enactment, but the Commissioner of Environmental Protection, the State Treasurer and the Director of the Division of Motor Vehicles may take such anticipatory acts in advance of that date as may be necessary for the timely implementation of this act upon the effective date thereof.

 

 

STATEMENT

 

    This bill directs the Division of Motor Vehicles (DMV) to establish Barnegat Bay Decoy and Baymen's Museum and other specially designated maritime history or marine life preservation projects license plates. The special plates would contain markings or identification expressing the vehicle owner's interest in supporting the Barnegat Bay Decoy and Baymen's Museum or other Department of Environmental Protection designated maritime history or marine life protection projects. The Director of the Division of Motor Vehicles would select the design of the license plate, after soliciting, in conjunction with the Legislature, input from the general public and reviewing the submissions before choosing the design. A $50 fee would be charged for the issuance of the plates, and an additional $10 fee would be collected for each annual renewal.

    Costs incurred by the DMV, in producing, issuing, renewing, and publicizing Barnegat Bay Decoy and Baymen's Museum and other maritime history or marine life preservation project license plates, as annually certified by the director, would be defrayed from fees collected.

    The bill directs DMV to include in all mailings of motor vehicle registration renewals a notice on the availability of the special license plates. Finally, the bill requires the Joint Budget Oversight Committee to approve the Division of Motor Vehicle's annual certification of the average cost to produce, issue and renew a license plate. If the average annual cost exceeds $50 for two consecutive fiscal years, the division may discontinue the issuance of these license plates.


 

Establishes certain special license plates and maritime history and marine life protection license plate program; provides that fee monies be appropriated to DEP for certain projects.