SENATE, No. 1645

STATE OF NEW JERSEY

INTRODUCED OCTOBER 24, 1996

By Senator LITTELL

An Act reinstating and increasing the annual fee for reflectorized motor vehicle registration plates, amending R.S.39:3-33 and P.L.1989, c.202.

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

    1. R.S.39:3-33 is amended the read as follows:

    39:3-33. The owner of an automobile which is driven on the public highways of this State shall display not less than 12 inches nor more than 48 inches from the ground in a horizontal position, and in such a way as not to swing, an identification mark or marks to be furnished by the division; provided, that if two marks are issued they shall be displayed on the front and rear of the vehicle; and provided, further, that if only one mark is issued it shall be displayed on the rear of the vehicle; and provided, further, that the rear identification mark may be displayed more than 48 inches from the ground on tank trucks, trailers and other commercial vehicles carrying inflammable liquids and on sanitation vehicles which are used to collect, transport and dispose of garbage, solid wastes and refuse. Motorcycles shall also display an identification mark or marks; provided, that if two marks are issued they shall be displayed on the front and rear of the motorcycle; and provided, further, that if only one mark is issued it shall be displayed on the rear of the motorcycle.

    The identification mark or marks shall contain the number of the registration certificate of the vehicle and shall be of such design and material as prescribed pursuant to section 2 of P.L.1989, c.202 (C.39:3-33.9). On or after the effective date of P.L. , c. (C. )(now pendig before the Legislature as this bill), the director shall charge, in addition to an annual motor vehicle registration fee, an annual fee not to exceed $0.60 for the costs of the issuance of reflectorized motor vehicle registration plates as required by section 2 of P.L.1989, c.202 (C.39:3-33.9).

    All identification marks shall be kept clear and distinct and free from grease, dust or other blurring matter, so as to be plainly visible at all times of the day and night.

     No person shall drive a motor vehicle which has a license plate frame or identification marker holder that conceals or otherwise obscures any part of any marking imprinted upon the vehicle's registration plate or any part of any insert which the director, as hereinafter provided, issues to be inserted in and attached to that registration plate or marker.

    The director is authorized and empowered to issue registration plate inserts, to be inserted in and attached to the registration plates or markers described herein. They may be issued in the place of new registration plates or markers; and inscribed thereon, in numerals, shall be the year in which registration of the vehicle has been granted.

    No person shall drive a motor vehicle the owner of which has not complied with the provisions of this subtitle concerning the proper registration and identification thereof, nor drive a motor vehicle which displays a fictitious number, or a number other than that designated for the motor vehicle in its registration certificate. During the period of time between the application for motor vehicle registration and the receipt of registration plates from the division, no person shall affix a plate or marker for the purpose of advertisement in the position on a motor vehicle normally reserved for the display of the registration plates required by this section if the plate or marker is designed with a combination of letters, numbers, colors, or words to resemble the registration plates required by this section.

    A person convicted of displaying a fictitious number, as prohibited herein, shall be subject to a fine not exceeding $500.00 or imprisonment in the county jail for not more than 60 days.

    A person violating any other provision of this section shall be subject to a fine not exceeding $100.00. In default of the payment thereof, there shall be imposed an imprisonment in the county jail for a period not exceeding 10 days. A person convicted of a second offense of the same violation may be fined in double the amount herein prescribed for the first offense and may, in default of the payment thereof, be punished by imprisonment in the county jail for a period not exceeding 20 days. These penalties shall not apply to the display of a fictitious number.

(cf: P.L.1989, c.202, s.1)

    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 division may charge in addition to an annual motor vehicle registration fee, an additional annual fee not to exceed $0.40 for the costs of the issuance of reflectorized motor vehicle registration plates in this State. Following the expiration of this six-year period, the additional annual fee for the costs of the issuance of reflectorized motor vehicle registration plates shall be the amount as may be set forth in R.S.39:3-33.

    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. This act shall take effect on the 30th day following enactment.

STATEMENT

    This bill requires the Director of the Division of Motor Vehicles to reinstate an increased annual fee assessed upon and paid by motor vehicle registrants for the costs of issuing reflectorized motor vehicle registration plates in this State. A fee of $0.40 was collected by the division for a period of six years until June 30, 1996, pursuant to the provisions of P.L.1989, c.202 (C.39:3-33).

    This bill reinstates that annual fee and increases it to $0.60.

    The purpose of this bill is to establish this annual fee as a permanent funding source for the ongoing costs of issuing reflectorized plates. According to the Department of Treasury, continuation of the annual fee at the increased amount is necessary to meet projected budget needs for the reflectorized license plate program; the increase may generate an additional $1.2 million annually in State revenues.

Reinstates and increases fee from $0.40 to $0.60 for reflectorized motor vehicle registration plates.