[First Reprint]

SENATE, No. 1324

STATE OF NEW JERSEY

INTRODUCED JUNE 13, 1996

By Senator CARDINALE

An Act to increase certain State fees for health care facilities licenses, reflectorized motor vehicle registration plates, autobus inspections, hunting, fishing and game propagation licenses and agricultural licenses and inspections, amending various provisions of the statutory law.

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

    1. Section 12 of P.L.1971, c.136 (C.26:2H-12) is amended to read as follows:

    12. a. No health care facility shall be operated unless it shall: (1) possess a valid license issued pursuant to this act, which license shall specify the kind or kinds of health care services the facility is authorized to provide; (2) establish and maintain a uniform system of cost accounting approved by the commissioner; (3) establish and maintain a uniform system of reports and audits meeting the requirements of the commissioner; and (4) [prepare and review annually a long range plan for the provision of health care services, which plan shall be compatible with the State Health Plan as related to medical health services, health care services, and health manpower; and (5) establish and maintain a centralized, coordinated system of discharge planning which assures every patient a planned program of continuing care and which meets] meet the licensing requirements of the commissioner which requirements shall, where feasible, equal or exceed those standards and regulations established by the federal Government for all federally-funded health care facilities but shall not require any person who is not in receipt of State or federal assistance to be discharged against his will.

    b. (1) Application for a license for a health care facility shall be made upon forms prescribed by the department. The department shall charge such nonrefundable fees for the filing of an application for a license and any renewal thereof, as it shall from time to time fix in rules or regulations; provided, however, that no such fee shall exceed [$2,000.00] $4,000. The application shall contain the name of the health care facility, the kind or kinds of health care service to be provided, the location and physical description of the institution, and such other information as the department may require. (2) A license shall be issued by the department upon its findings that the premises, equipment, personnel, including principals and management, finances, [rules and bylaws] policies and procedures, and standards of health care service are fit and adequate and there is reasonable assurance the health care facility will be operated in the manner required by this act and rules and regulations thereunder.

    c. A license issued before the effective date of this act to a health care facility for its operation, upon the first renewal date thereafter, may be extended for a one-year period of time, provided the facility then meets the requirements for licensure at the time said license was issued and submits an acceptable plan to meet current requirements at the end of said period of time.

    d. The commissioner may amend a facility's license to reduce that facility's licensed bed capacity to reflect actual utilization at the facility if the commissioner determines that 10 or more licensed beds in the health care facility have not been used for at least the last two succeeding years. For the purposes of this subsection, the commissioner may retroactively review utilization at a facility for a two-year period beginning on January 1, 1990.

(cf: P.L.1991, c.187, s.38)

    2. Section 2 of P.L.1989, c.202 (C.39:3-33.9) is amended to read as follows:

    2. a. The Director of the Division of Motor Vehicles shall implement a phase-in program for the issuance of reflectorized motor vehicle registration plates in this State, the planning of which shall begin immediately for the issuance which shall begin on the first day of the seventh month following the report of the Reflectorized License Plate Selection Commission established pursuant to this section of this 1989 amendatory and supplementary act, P.L.1989, c.202 (C.39:3-33.9), except that the division shall first use any existing supplies of nonreflectorized plates which it orders prior to the commencement of the issuance. The purpose of the issuance shall be to change the color scheme and style of the registration plates in use prior to the beginning of the issuance in order to provide for greater contrast between the background of the plate and the lettering and to ensure that all plates are fully treated with a reflectorized material designed to increase their nighttime visibility and legibility. The color scheme and style of the new plates shall be selected by the Reflectorized License Plate Selection Commission hereby created. The commission shall consist of five members, three appointed by the Governor, one by the President of the Senate, and one by the Speaker of the General Assembly. The commission shall select the color scheme and design of the new reflectorized license plate after considering the needs of law enforcement and highway safety, aesthetics, cost and the continued ability of the corrections system to manufacture the plate. The commission will first meet within 60 days of the effective date of this act and shall report its choice to the Director of the Division of Motor Vehicles within 180 days of this act becoming effective. The markings on the plates shall be in accordance with specifications prescribed by the director.

    [For a period of six years commencing on the first day of the seventh month following enactment of this 1989 amendatory and supplementary act, P.L.1989, c.202 (C.39:3-33.9 et al.), the] The division may charge in addition to an annual motor vehicle registration fee, an additional annual fee not to exceed [$0.40] $0.60 for the costs of the issuance of reflectorized motor vehicle registration plates in this State.

    b. The Director of the Division of Motor Vehicles shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) in order to effectuate the purposes of this act.

    c. The director shall submit an annual progress report on the planning and implementation of the reflectorized motor vehicle registration plate phase-in program to the Governor and members of the Legislature with the first report to be submitted one year after enactment of this 1989 amendatory and supplementary act. The annual report submitted after the fourth year of implementation shall contain a recommendation as to the advisability and feasibility of a general recall of all plates of an earlier design that are still in use at the completion of the phase-in program. [This report shall also contain the director's recommendation of a funding source for the ongoing costs associated with the continued issuance of reflectorized plates.] The last report shall be submitted after the completion of the phase-in program.

(cf: P.L.1989, c.202, s.2)

    3. Section 1 of P.L.1959, c.43 (C.48:2-56) is amended to read as follows:

    1. The Board of [Regulatory Commissioners] Public Utilities is hereby empowered, authorized and required to charge and collect fees and charges for the purposes and in the amounts hereinafter set out.

B.     Examination and Audit of Annual Reports

         (1) The total fee is to be based on reported intrastate operating revenues, and, except as noted below for certain interstate utilities, will consist of a base charge plus an incremental charge per unit of $1,000.00 or fraction thereof for each such unit in excess of the lower limit of the indicated range.

         (2) Public utilities engaged in interstate commerce who are required to file annual reports with the board and who derive 50% or more of their operating revenues from interstate commerce shall pay a fee for examination and audit of their annual report in accordance with the following schedule. The board may establish reasonable rules for the determination of such intrastate revenues in cases where the same have not been reported.

E. Applications and Petitions Submitted to the Board

         (1) For approval of issuance of securities or evidences of indebtedness the filing fee shall be based on the estimated proceeds before costs and expenses of issuance. When the actual proceeds become known, the fee will be adjusted accordingly. The total filing fee will consist of a base charge plus an incremental charge per unit of $1,000.00 or fraction thereof of proceeds in excess of the lower limit of the range of the indicated block. In the case of stock dividends, the proceeds shall be taken as the amount to be transferred from earned surplus account.

         (2) For increases in rates or fares, whether by petition, filing of revised tariff, or by petition for negotiated relief under R.S.48:2-21.1, provided that when two petitions or a petition with an amendment relate to one and the same increase only one fee shall be charged, the fees are to be based on the proposed increase in annual operating revenues for which application is made and will consist of a base charge plus an incremental charge per unit of $1,000.00 or fraction thereof for each such unit in excess of the lower limit of the indicated range.

         All filing fees shall be paid at the time of the original filing of the report, application, petition or other document or paper in the matter. No pleading will be considered filed until the appropriate fees are paid. In cases where such payment is not feasible, as may be determined by the board, the amount will be due and payable on the presentation of an invoice.

         When a petition covers more than one matter or makes a prayer for relief with respect to more than one matter, the fee for filing the same shall be the sum of the fees that would be paid for each individual matter.

         When several utilities or petitioners join in the filing of a single petition, then the fees herein provided shall apply to each petitioner as may be appropriate.

(cf: P.L.1993, c.124, s.1)

    4. Section 11 of P.L.1982, c.180 (C.23:3-1.1) is amended to read as follows:

    11. a. The Division of Fish, Game and Wildlife shall issue a special license combining the resident's firearm hunting license, the resident's bow and arrow license and the resident's fishing license as provided under R.S.23:3-4 into one license to be designated as the "All Around Sportsman License."

    b. The "All Around Sportsman License" shall authorize its holder to hunt with a shotgun or bow and arrow and to angle or attempt to take fish in the fresh waters of this State at the time, and in the manner, provided by law and the State Fish and Game Code, except that this license shall not authorize its holder to take trout from the fresh waters of the State.

    c. A resident of this State above the age of 16 years may procure the "All Around Sportsman License" from the Division of Fish, Game and Wildlife at Trenton or from its agents as designated by the division. It shall not be valid unless it contains the signature of the owner written in ink. Each license issued under this section shall expire on December 31 next following its issuance.

    d. The division shall determine the form of the "All Around Sportsman License." The fee for this license shall be [$54.50] $78.00 ¹, or $54.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a). The amounts remitted to the State Treasury from the collection of this fee shall be deposited to the credit of the "hunters' and anglers' license fund."

(cf: P.L.1991, c.286, s.2)

    5. R.S. 23:3-3 is amended to read as follows:

    23:3-3. The division may, in its discretion, issue a license to a citizen of the United States above 10 years and below 14 years of age, who has successfully completed a course in gun or bow and arrow safety, as the case may be, as required in accordance with this title, when applied for by his parent or legal guardian, authorizing him to hunt only when accompanied by a holder, above 21 years of age, of a regular resident's or nonresident's firearm or bow and arrow license, as the case may be. This license shall be void after December 31 next succeeding its issuance. The fee for this license shall be [$2.75] $3.00, ¹or $2.75 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a). These fees shall be remitted to the State Treasurer, and placed to the credit of the "hunters' and anglers' license fund," and be disbursed by the State Treasurer on vouchers certified by the division.

(cf: P.L.1991, c.286, s.3)

    6. R.S.23:3-4 is amended to read as follows:

    23:3-4. The licenses issued under this article shall be as follows:

    a. A license issued to a person above 14 years of age, who has an actual and bona fide domicile in this State at the time of the application for the license and who has had an actual and bona fide domicile in this State for at least six months immediately prior thereto, provided that for a resident's trapping license the person shall be above 12 years of age. These licenses shall be of five kinds and designated as the resident's firearm hunting license, the resident's bow and arrow license, the resident's trapping license, the resident's fishing license and the resident's family fishing license. The Fish and Game Council in the Division of Fish, Game and Wildlife of the Department of Environmental Protection shall have the authority to adopt and promulgate regulations for family fishing licenses.

    The resident's firearm hunting license shall authorize its holder to hunt with hounds and firearms only, and a fee of [$19.50] $28.00, ¹, or $19.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50 shall be charged therefor, except that a person 14 or 15 years of age shall be charged a fee of $13.50 ¹, or $9.25 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50 and a person above the age of 65 shall be charged a fee of [$9.25] $14.50¹ , or $9.25 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50.

    The resident's bow and arrow license shall authorize its holder to hunt with bow and arrow only, and a fee of [$23.50] $32.50 ¹, or $23.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50 shall be charged therefor, except that a person 14 or 15 years of age shall be charged a fee of $14.00 ¹, or $10.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50 and a person above the age of 65 shall be charged a fee of [$10.50] $17.00 ¹, or $10.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50.

    The resident's trapping license shall authorize its holder to trap only, and a fee of $31.50 and an issuance fee of $0.50 shall be charged therefor, except that a person 12, 13, 14 or 15 years of age shall be charged a fee of $13.25 and an issuance fee of $0.50.

    The resident's fishing license shall authorize its holder to fish only, and a fee of [$14.50] $22.50 ¹, or $14.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50 shall be charged therefor, except that in any case where the applicant is 70 or more years of age and is otherwise qualified, no fee, except an application fee pursuant to section 9 of P.L.1986, c.198 (C.23:3-1c), shall be charged, and a person 14 or 15 years of age shall be charged a fee of $8.50 ¹, or $6.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50 and a person above the age of 65 shall be charged a fee of [$6.50] $11.50 ¹, or $6.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50. The resident's family fishing license shall authorize the parents or guardians and their children, foster children or wards between the ages of 14 and 18, named therein, to fish only. The fee for the parent's license permitting fishing only by the father or mother, or both, or the guardian shall be [$24.50] $36.00 ¹, or $24.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 1 of this bill),¹ and an issuance fee of $0.50; and each child, foster child or ward named therein shall be required to have and shall be issued an individual supplementary license as a member of such family, at a fee of [$1.50] $1.75 ¹, or $1.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50. The license shall be invalid from the date of its issuance when issued to a person not entitled thereto. Any person, a resident of this State, who is afflicted with total blindness, upon application to the Division of Fish, Game and Wildlife, shall be entitled to a resident's fishing license without fee or charge.

    b. A license issued to a person above 14 years of age not entitled to a resident's license, authorizing him to trap or to hunt. These licenses shall be designated as the nonresident's firearm hunting license, the nonresident's bow and arrow license, the nonresident's trapping license, and the nonresident's two-day small game firearm hunting license, except that a nonresident's two-day small game firearm hunting license shall not permit the taking, hunting or killing of deer.

    The fees for the nonresident's firearm hunting license and the nonresident's bow and arrow license shall each be [$99.50] $132.00 ¹, or $99.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50.

    The fees for the nonresident's trapping license shall be [$149.50] $200.00 ¹, or $149.50 if reduced pursuant to R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50. The fee for a nonresident's two-day small game firearm hunting license shall be [$24.50] $35.25 ¹, or $24.50 if reduced pursuant to R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50.

    c. A license issued to a person above 14 years of age not entitled to a resident's license, authorizing him to fish only. These licenses shall be designated as the nonresident's fishing license and the nonresident's seven-day vacation fishing license, valid for a period of seven consecutive days. The fees for these licenses shall be [$22.50] $33.00 ¹, or $22.50 if reduced pursuant to R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ for the annual fishing license, together with an issuance fee of $0.50, and [$14.50] $21.50 ¹, or $14.50 if reduced pursuant to R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ and an issuance fee of $0.50 for the seven-day vacation fishing license.

    Every license issued hereunder shall be void after December 31 next succeeding its issuance, except the one-day hunting license, which shall expire on the date of issuance; the nonresident's seven-day fishing license, which is valid only for seven consecutive days after date of issuance; and the nonresident's two-day small game firearm hunting license, which shall expire on the day after the date of issuance.

    The fees for licenses set forth in this section may be adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a).

(cf: P.L.1991, c.286, s.4)

    7. Section 2 of P.L.1951, c.226 (C.23:3-4.1) is amended to read as follows:

    2. The division may, in its discretion, issue a license to a person above the age of 14 years authorizing him to hunt for one day only in areas licensed under subsections b. and d. of R.S.23:3-29, or at a shoot to kill field trial which is being held under a proper permit from the division. The fee for this license shall be [$6.50] $9.50 ¹, or $6.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill)¹, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), and an issuance fee of $0.50 shall be charged therefor. The fees collected hereunder shall be remitted to the State Treasurer, and placed to the credit of the "hunters' and anglers' license fund," and be disbursed by the State Treasurer on vouchers certified to by the division.

(cf: P.L.1991, c.286, s.5)

    8. Section 8 of P.L.1986, c.198 (C.23:3-4.11) is amended to read as follows:

    8. All persons in possession of a muzzleloader rifle or other rifle while hunting or trapping shall have in their possession, in addition to the appropriate and valid firearm hunting license or trapping license, an appropriate and valid rifle permit. The Division of Fish, Game and Wildlife is authorized to charge a fee of [$11.00] $17.00 ¹, or $11.00 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ for each permit issued. A rifle permit issued hereunder shall be valid for a period not to exceed two years. The amount remitted to the State Treasury for rifle permits shall be deposited to the credit of the "hunters' and anglers' license fund."

    The fee for a permit issued pursuant to this section may be adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982,

c.180 (C.23:3-1a).

(cf: P.L.1991, c.286, s.6)

    9. R.S.23:3-25 is amended to read as follows:

    23:3-25. The fee for this stamp shall be [$2.50] $3.75, ¹or $2.50 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a). The amounts remitted to the State Treasury for stamps issued under R.S.23:3-24 shall be placed to the credit of the "hunters' and anglers' license fund," mentioned in R.S.23:3-12.

(cf: P.L.1991, c.286, s.7)

    10. Section 7 of P.L.1986, c.198 (C.23:3-27.1) is amended to read as follows:

    7. Whenever an open season is prescribed for wild turkey by the State Fish and Game Code, the Division of Fish, Game and Wildlife is authorized to charge a fee of [$13.00] ¹[$20.00] $20.75¹ , except that a person 14 or 15 years of age shall be charged a fee of $10.00, ¹or $13.00 for all persons if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), for each permit issued. This permit shall be void at the close of the prescribed open season. The amounts remitted to the State Treasury for wild turkey permits shall be deposited to the credit of the "hunters' and anglers' license fund."

(cf: P.L.1991, c.286, s.8)

    11. R.S.23:3-29 is amended to read as follows:

    23:3-29. A person desiring to engage in the business of raising and selling game birds or game animals, or both, in a wholly enclosed area of which he is the owner or lessee, or to have in captivity game birds or game animals, shall apply in writing to the division for a license to do so. The license fee shall be [$5.00] ¹[$9.00] 9.25¹ per annum for each of the above purposes ¹, or $5.00 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill)¹.

    A person desiring to propagate pheasant, partridge, or quail, or any of them, in a semiwild state on lands of which he is the owner or lessee, shall apply in writing to the division for a license to do so. The license fee shall be [$50.00] ¹[$70.25] $73.50¹ per annum ¹,or $50.00 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill)¹. No two or more noncontiguous tracts of land shall be covered under the same license.

    The division, when it appears that the application is made in good faith, and is in the public interest, may, upon the payment of the fee for each license, issue to the applicant such of the following license or licenses as may be applied for:

    a. Propagating license permitting the licensee to propagate game birds or game animals, or both, in the wholly enclosed area, the location of which is stated in the license and the application therefor, and to sell such propagated game birds or game animals, or both, and ship them from the State alive at any time and to kill the same and sell the carcasses for food subject to the conditions prescribed by R.S.23:3-28 to 23:3-39, inclusive;

    b. License to propagate pheasant, partridge, or quail, or any of them, in a semiwild state on lands of which the applicant is the owner or lessee, when the applicant shall have produced evidence satisfactory to the division that he will raise, or purchase for liberation, and liberate on the semiwild preserve at least one pheasant, quail, partridge or combination thereof for each acre of land to be licensed or at least 200 pheasant, quail or partridge or combination thereof between November 1 of the year for which the license is issued and the following February 28;

    c. License to keep game birds and animals in captivity; or

    d. License to operate a "commercial pheasant, mallard, quail and partridge-shooting preserve," as defined pursuant to R.S.23:3-28, on lands owned or leased by the applicant, who shall apply in writing to the division for a license to do so. The license fee shall be [$200.00] ¹[$275.00] $300.00¹ per annum ¹, or $200.00 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ for the first tract of land and $165 per annum for each additional tract of land, each of which shall be at least 50 acres in size, and the form of the application and license shall be determined by the division. Two or more noncontiguous tracts of land owned or leased, or operated as a commercial pheasant, mallard, quail and partridge-shooting preserve by the same person shall be covered under the same license.

    The division may, upon payment of the fee, issue to the applicant such a license when it appears that:

    (1) The operation of such shooting preserve shall not conflict with a prior reasonable public interest; and

    (2) The applicant shall have produced evidence satisfactory to the division that he will raise or purchase for liberation and liberate on the shooting preserve a total of at least 500 pheasant, mallard, quail and partridge or combination thereof between September 1 of the year for which the license was issued and the following May 1.

    e. The fees for licenses set forth in this section may be adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a).

    f. The division shall coordinate the dates of issuance and renewal of the licenses to propagate game birds with the dates of issuance and renewal of licenses to operate commercial pheasant, mallard, quail and partridge-shooting preserves, and to the extent practicable, shall issue and renew these licenses under one license.

(cf: P.L.1995, c.370, s.2)

    12. Section 1 of P.L.1959, c.37 (C.23:3-56.1) is amended to read as follows:

    1. When the Fish and Game Council has established a season for deer of either sex and has fixed a certain number of [licenses] permits to be issued for such harvest, the division is authorized to charge a fee of [$18.00]¹[$27.00] $27.75¹, except that a person 14 or 15 years of age shall be charged a fee of $10.00 ¹, or $18.00 for all persons if reduced pursuant to susbection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill)¹, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), for each [license] permit so issued, which fee shall be in addition to any other fees authorized by law. No such fee shall be required of the occupant of a farm in this State, who actually resides thereon, or the members of his immediate family who also reside thereon, provided such person or persons are otherwise authorized to participate in such limited harvest. The exemption of this section shall not apply to a person residing on the farm or in a tenant house thereon who is not a member of the occupant's family, nor to a servant of the occupant.

(cf: P.L.1991, c.286, s.9)

    13. Section 3 of P.L.1952, c.328 (C.23:3-59) is amended to read as follows:

    3. The fee for this stamp shall be [$7.00] $10.25 for residents and [$14.00] ¹[$19.50] $21.00¹ for nonresidents, ¹or $7.00 for residents and $14.00 for nonresidents if the fee is reduced pursuant to susbection b. of R.S.23:3-11 (now pending before the Legislature as this bill),¹ or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a). The amounts remitted to the State Treasury for stamps issued under this law shall be placed to the credit of the "hunters' and anglers' license fund" mentioned in R.S.23:3-12.

(cf: P.L.1991, c.286, s.9)

    14. Section 3 of P.L.1975, c.117 (C.23:3-61.3) is amended to read as follows:

    3. The fee for this stamp shall be [$20.00] $30.00 ¹, or $20.00 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as this bill)¹, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a). The amounts remitted to the State Treasury for special pheasant and quail stamps shall be deposited to the credit of the "hunters' and anglers' license fund." Any person licensed as a resident junior or juvenile hunter who is 10 years of age or older but less than ¹[15] 16¹ years of age shall be exempt from the pheasant and quail stamp fee.

(cf: P.L.1991, c.286, s.11)

    15. Section 2 of P.L.1970, c.247 (C.23:3-63) is amended to read as follows:

    2. (a) The division may, in its discretion, after application on forms furnished by it, issue to an owner of such fishing preserve waters a fishing preserve license permitting the holder thereof to manage such fishing preserve waters and to possess, propagate and rear, and to take or permit others to take therefrom, fish therein legally propagated or acquired. Such license shall expire on December 31 in the year it was issued unless previously revoked. A separate license is required for each body of water defined herein as fishing preserve waters. Two or more ponds under one ownership, supplied by one common water source and located on one continuous parcel of land, shall be considered as one body of water requiring one license.

    (b) The license so issued shall: contain the name of the town and county in which such fishing preserve waters are located; specify the species of fish authorized to be stocked therein; authorize the licensee to stock, propagate, raise and release such fish in such licensed fishing preserve waters and to buy, sell or otherwise traffic in fish taken therefrom; specify the manner of tagging fish taken from the licensed waters; specify the means of acquisition of fish stocked therein.

    (c) The license may also: authorize the licensee to control undesirable protected fish, wildlife and insects and specify means of control of same; specify such other restrictions and controls for the management of fishing preserve waters as in the judgment of the division may be deemed advisable for proper fish management.

    (d) The fee for the license shall be [$150.00] ¹[$206.75] $227.00¹ per year, ¹or $150.00 if reduced pursuant to subsection b. of R.S.23:3-11 (now pending before the Legislature as section 21 of this bill),¹ or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), payable at the time application is made.

    (e) The division may for cause, revoke or suspend the license of any licensee.

(cf: P.L.1982, c.180, s.9)

    16. Section 4 of P.L.1970, c.338 (C.4:4-20.4) is amended to read as follows:

    4. a. Every person engaged in the manufacture of commercial feed or customer formula feed to be distributed in this State shall on January 1 of each year, or prior to manufacture or distribution of such feed, register each facility on a form furnished by the State Chemist, the application to be accompanied by a fee of [$25.00] $125. Upon approval by the State board, a copy of the registration shall be furnished to the applicant and displayed in or on the facility.

    b. The State board is empowered to refuse registration of any facility not in compliance with the provisions of this act or to cancel the registration of any facility subsequently found not to be in compliance with any provision of this act, provided, however, that no registration shall be refused or canceled until the registrant shall have been given an opportunity to be heard before the secretary or his agent.

    c. Before a commercial feed may be offered for sale which contains drugs, chemical additives or other ingredients which are potentially harmful to animals, the registrant may be required to submit evidence to show the safety of the feed when used according to the directions which the distributor furnished with the feed.

(cf: P.L.1970, c.338, s.4)

    17. Section 9 of P.L.1970, c.338 (C.4:4-20.9) is amended to read as follows:

    9. a. An inspection fee at the rate of [$0.15] $0.25 per ton shall be paid on commercial feeds distributed in this State by the person who distributes the commercial feed to the consumer subject to the following:

    (1) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor.

    (2) No fee shall be paid on customer formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein.

    (3) No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds which are subject to the inspection fee. If the fee has already been paid, credit shall be given for such payment.

    (4) In the case of a person who manufacturers or distributes commercial feed in the State, a minimum annual fee of [$25.00] $125 shall be paid.

    b. Each person who is liable for the payment of such fee shall:

    (1) File, not later than January 31 of each year, a statement, setting forth the number of net tons of commercial feeds distributed in this State during the preceding calendar year; and upon filing such statement shall pay the inspection fee at the rate stated in [paragraph "a."] subsection a. of this section. Inspection fees which are due and owing and have not been remitted to the department within 15 days following the due date shall have a penalty fee of 10% (minimum $10.00) added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the department from taking other actions as provided in this act.

    (2) Keep such records as may be necessary or required by the State board to indicate accurately the tonnage of commercial feed distributed in this State, and the department shall have the right to examine such records to verify statements of tonnage.

    Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of all registrations on file for the distributor.

    c. Fees imposed by, and fines collected for violations of this act, shall be deposited in the State Treasury.

(cf: P.L.1975, c.370, s.1)

    18. Section 6 of P.L.1970, c.66 (C.4:9-15.6) is amended as follows:

    6. The minimum annual license fee for a manufacturer or distributor shall be [$125.00] $250. In the case of each person who owns or operates more than one manufacturing facility within this State there shall be an additional annual license fee of [$125.00] $250 for each such additional manufacturing facility. In the case of each person who owns or operates any manufacturing facilities located outside of New Jersey which distribute commercial fertilizers or soil conditions within this State, there shall be an additional annual license fee of [$125.00] $250 covering all such manufacturing facilities. Fees collected pursuant to this section shall be forwarded to the State Treasurer.

(cf: P.L.1975, c.139, s.1)

    19. Section 16 of P.L.1970, c.66 (C.4:9-15.16) is amended as follows:

    16. Each licensee shall pay to the Department of Agriculture for all commercial fertilizers and soil conditioners distributed in this State an inspection fee at the rate of [$0.15] $0.25 per ton on all tonnage in excess of 10 tons per semiannual statement. Fees so collected by the department shall be forwarded to the State Treasurer.

    Sales to persons owning or operating manufacturing facilities or exchanges between such persons are exempted from the inspection fee.

(cf: P.L.1970, c.66, s.16)

    20. Section 8 of P.L.1968, c.392 (C.4:9-21.8) is amended to read as follows:

    8. Within the 30-day period following December 31 of each year, each licensee shall submit on a form furnished by the State board or its authorized agent a statement setting forth the number of net tons of each agricultural liming material sold by him for use in the State during the previous 12-month period. Such statement shall be accompanied by payment of the inspection fee at the rate of [$0.02] $0.05 per ton. Such reports shall be confidential and no information therein shall be disclosed in any manner that will reveal the operation of any licensee.

(cf: P.L.1995, c.390, s.5)

    ¹[21. Section 36 of P.L.1941, c.274 (C.4:12A-36) is amended to read as follows:

    36. Every person required by this act to be licensed shall pay a yearly license fee as follows:

    Store--each and every store selling milk shall pay a license fee based on average volume of milk sold during the previous two months as follows:

 Stores selling 500 quart equivalents

 or less per week ....................................... [$12.00] $25.00

 Stores selling 501 to 1,500 quart equivalents

 per week ................................................. [$24.00] $50.00

 Stores selling 1,501 to 3,000 quart

 equivalents per week .................................[$36.00] $75.00

 Stores selling 3,001 quart equivalents

 or more per week .................................... [$48.00] $100.00

provided, however, that a store selling milk exclusively for consumption on the premises shall not be required to obtain a license nor pay a license fee; and provided, further, that a store selling only milk which is evaporated or condensed in hermetically sealed cans shall not be required to obtain a license or pay a license fee.

    Any person applying for a license to engage in business as a store at a new location shall pay a fee of [$12.00] $25.00 for the first year of operation, but any person acquiring an existing store shall pay a fee based upon the average volume of milk sold during the previous two months in accordance with the store fee schedule above.

    Milk dealers--every milk dealer shall pay a fee of $0.01 per hundredweight of milk sold for consumption within the State excluding dealer to dealer sales; but a milk dealer processing milk for sale to other dealers shall pay a minimum fee of $650.00 per year and a milk dealer selling to stores and consumers shall pay a minimum fee of $30.00 per year.

    A milk dealer engaged in handling milk in the State of New Jersey, but selling milk only in another state or engaged only in manufacturing shall pay a license fee of $150.00 per year. A milk dealer who during the year prior to the one for which the application is being made sold a quality of milk which would yield a fee of less than $300.00 per year may pay his full fee at the beginning of the license year based upon the prior year's business. Milk dealers shall pay the fee by the fifteenth of each month for the previous month. Failure to pay the fee shall be the basis for the suspension or revocation of license or the assessment of penalty as herein provided for any other violations of this act. There shall be no refund except to correct a clerical error or where a license is applied for and the director declines to grant the license to the applicant.

(cf: P.L.1983, c.344, s.3)]¹

    ¹21. R.S.23:3-11 is amended to read as follows:

    23:3-11. a. All fees for licenses and permits received by the Division of Fish, Game and Shellfisheries, remitted to the State Treasurer shall be placed to the credit of a fund to be known as the "hunters' and anglers' license fund," which fund shall be used exclusively for such purposes and activities as the Division of Fish, Game and Shellfisheries deems to be in best interest of the wildlife resources of the State. Not less than 24% of the "hunters' and anglers' license fund" shall annually be spent for law enforcement purposes by the Division of Fish, Game and Shellfisheries. This fund shall be kept separate and apart from all other State moneys and shall be disbursed by the State Treasurer on vouchers certified to by the division.

    b. Moneys from the fund shall not be used by the division or disbursed by the State Treasurer for any purpose that involves a payment or transfer of moneys for any indirect administrative cost of the State, its departments, agencies or authorities. If at any time moneys in the fund are used or disbursed for any indirect administrative cost in violation of this subsection as determined by the State Auditor, the fees increased by P.L. ...., c. .....(C...............)(now pending before the Legislature as this bill) in section 11 P.L.1982, c.180 (C.23:3-1.1), R.S.23:3-3, R.S.23:3-4, section 2 of P.L.1951, c.226 (C.23:3-4.1), section 8 of P.L.1986, c.198 (C.23:3-4.11), R.S.23:3-25, section 7 of P.L.1986, c.198 (C.23:3-27.1), R.S.23:3-29, section 1 of P.L.1959, c.37 (C.23:3-56.1), section 3 of P.L.1952, c.328 (C.23:3-59), section 3 of P.L.1975, c.117 (C.23:3-61.3) section 2 of P.L.1970, c.247 (C.23:3-63) shall immediately be reduced to the amounts set forth in those provisions of law. As used in this subsection, "indirect administrative cost" means any cost as determined by the division that is not directly necessary for the processing of permits and applications or for the administration of the purposes and activities of the division.¹

(cf: P.L.1975, c.116, s.4)

    22. This act shall take effect immediately, but sections 1 through 21 shall remain inoperative until July 1, 1996, provided, however, that those officials responsible for implementing the provisions of this act may take such anticipatory actions before July 1, 1996, as may be necessary to carry out the purposes of this act.

Increases State fees for health care facilities licenses, reflectorized motor vehicle registration plates, autobus inspections, hunting, fishing and game propagation licenses and agricultural licenses and inspections.