S2709

An Act authorizing the creation and issuance of special license plates and supplementing Title 39 of the Revised Statutes.

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

1. a. Upon proper application, the Chief Administrator of the New Jersey Motor Vehicle Commission shall issue Phi Beta Sigma and Zeta Phi Beta license plates for any motor vehicle owned or leased and registered in this State. In addition to the registration number and other markings or identification otherwise prescribed by law, the license plates shall display appropriate words or a slogan and emblem honoring both the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated. The chief administrator shall, in consultation with the International First Vice President of the Phi Beta Sigma Fraternity, Inc. and the International Vice President of the Zeta Phi Beta Sorority, Incorporated, select the design and color scheme of the Phi Beta Sigma and Zeta Phi Beta license plates. The Phi Beta Sigma and Zeta Phi Beta license plates shall be subject to the provisions of chapter 3 of Title 39 of the Revised Statutes, except as hereinafter otherwise provided.

b. Application for issuance of the Phi Beta Sigma and Zeta Phi Beta license plates shall be made to the chief administrator in a form and manner prescribed by the chief administrator. In order to be deemed complete, an application shall be accompanied by a fee of $50, payable to the commission, which shall be in addition to the fees otherwise prescribed by law for the registration of a motor vehicle. The chief administrator shall collect annually, subsequent to the year of issuance of the Phi Beta Sigma and Zeta Phi Beta license plates, a $10 fee for the license plates in addition to the fees otherwise prescribed by law for the registration of a motor vehicle. The additional fees required by this subsection shall be deposited in the “Phi Beta Sigma and Zeta Phi Beta License Plate Fund” created pursuant to subsection c. of this section.

c. The Department of the Treasury shall create and maintain a special non-lapsing fund to be known as the “Phi Beta Sigma and Zeta Phi Beta License Plate Fund.” There shall be deposited in the fund the amount collected from all license plate fees collected pursuant to subsection b. of this section, less the amounts necessary to reimburse the commission for administrative costs pursuant to subsection d. of this section. Monies deposited in the fund shall be appropriated annually to the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated to be used to support the mission and programs of both organizations. The monies deposited in the fund 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 securities approved by the State Treasurer. Interest or other income earned on monies deposited into the fund, and any monies that may be appropriated or otherwise become available for purposes of the fund, shall be credited to and deposited in the fund for use as set forth in this section.

d. Prior to the deposit of the additional fees collected pursuant to subsection b. of this section into the “Phi Beta Sigma and Zeta Phi Beta License Plate Fund,” amounts thereof as are necessary shall be used to reimburse the commission for all costs reasonably and actually incurred, as stipulated by the chief administrator for:

(1) designing, producing, issuing, renewing, and publicizing the availability of the Phi Beta Sigma and Zeta Phi Beta license plates; and

(2) any computer programming changes that may be initially necessary to implement the Phi Beta Sigma and Zeta Phi Beta license plate program in an amount not to exceed $150,000.

The chief administrator shall annually certify to the State Treasurer the average cost per license plate incurred in the immediately preceding year by the commission in producing, issuing, renewing, and publicizing the availability of the Phi Beta Sigma and Zeta Phi Beta license plates. The annual certification of the average cost per license plate shall be approved by the Joint Budget Oversight Committee or its successor.

In the event that the average cost per license plate, as certified by the chief administrator and approved by the Joint Budget Oversight Committee or its successor, is greater than the $50 application fee established in subsection b. of this section in two consecutive fiscal years, the chief administrator may discontinue the issuance of the Phi Beta Sigma and Zeta Phi Beta license plates.

e. The chief administrator shall notify eligible motorists of the opportunity to obtain the Phi Beta Sigma and Zeta Phi Beta license plates by publicizing the availability of the license plates on the commission’s website. The International First Vice President of the Phi Beta Sigma Fraternity, Inc. and the International Vice President of the Zeta Phi Beta Sorority, Incorporated—and any other individual or entity designated by the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated—may publicize the availability of the Phi Beta Sigma and Zeta Phi Beta license plate in any manner that the Phi Beta Sigma Fraternity, Inc. and Zeta Phi Beta Sorority, Incorporated deem appropriate.

f. The chief administrator, the International First Vice President of the Phi Beta Sigma Fraternity, Inc., and the International Vice President of the Zeta Phi Beta Sorority, Incorporated shall develop and enter into a memorandum of agreement setting forth the procedures to be followed in carrying out their respective responsibilities under P.L. , c. (C. ) (pending before the Legislature as this bill).

g. The International First Vice President of the Phi Beta Sigma Fraternity, Inc. and the International Vice President of the Zeta Phi Beta Sorority, Incorporated shall appoint a representative who shall act as a liaison between the two organizations and the commission. The liaison shall represent the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated in any and all communications with the commission regarding the Phi Beta Sigma and Zeta Phi Beta license plates established by P.L. , c. (C. ) (pending before the Legislature as this bill).

2. a. State or public funds shall not be used by the commission for the initial cost of:

(1) designing, producing, issuing, and publicizing the availability of the Phi Beta Sigma and Zeta Phi Beta license plates; or

(2) any computer programming changes which may be necessary to implement the Phi Beta Sigma and Zeta Phi Beta license plate program established by P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated—or an individual or entity designated by the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated—shall contribute non-public monies in an amount to be determined by the chief administrator, not to exceed a total of $25,000, to be used to offset the initial costs incurred by the commission for designing, producing, issuing, and publicizing the availability of the Phi Beta Sigma and Zeta Phi Beta license plates and for any computer programming that may be necessary to implement the program. Concerned organizations and individual donors may contribute monies to the Phi Beta Sigma Fraternity, Inc. or the Zeta Phi Beta Sorority, Incorporated to be used to offset the initial costs incurred by the commission for the Phi Beta Sigma and Zeta Phi Beta license plates authorized by P.L. , c. (C. ) (pending before the Legislature as this bill). Any amount remaining after the payment of the initial cost shall be deposited in the “Phi Beta Sigma and Zeta Phi Beta License Plate Fund” established pursuant to subsection c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. The commission shall not begin designing, producing, issuing, or publicizing the availability of the Phi Beta Sigma and Zeta Phi Beta license plates, or making any necessary programming changes, until the following requirements have been met:

(1) the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated—or an individual or entity designated by the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated—has provided the commission with the non-public monies necessary, as determined by the chief administrator pursuant to subsection b. of this section, to offset the initial costs incurred by the commission in establishing the Phi Beta Sigma and Zeta Phi Beta license plate program; and

(2) the liaison appointed by the International First Vice President of the Phi Beta Sigma Fraternity, Inc. and the International Vice President of the Zeta Phi Beta Sorority, Incorporated, pursuant to subsection g. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), has provided the commission with not less than 500 completed applications for the Phi Beta Sigma and Zeta Phi Beta license plates. These applications shall constitute the initial order for the Phi Beta Sigma and Zeta Phi Beta license plates and shall be accompanied by a fee representing the total cost of the initial order. The fee shall be determined by multiplying the number of sets of license plates being ordered by the applicable initial fee for each set of license plates as set forth in subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

3. This act shall take effect immediately but shall remain inoperative until the first day of the 13th month following the date on which the conditions set forth in paragraphs (1) and (2) of subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) have been satisfied. The chief administrator may take anticipatory actions in advance of that date as may be necessary for the timely implementation of P.L. , c. (C. ) (pending before the Legislature as this bill). P.L. , c. (C. ) (pending before the Legislature as this bill) shall expire if the conditions set forth in paragraphs (1) and (2) of subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) are not satisfied by the last day of the 12th month following enactment.

STATEMENT

This bill authorizes the Chief Administrator (chief administrator) of the New Jersey Motor Vehicle Commission (commission) to issue special license plates (plates) honoring both the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated under the Phi Beta Sigma and Zeta Phi Beta license plate program (program).

The bill provides that the plates are to display appropriate words or a slogan and an emblem honoring both organizations. The chief administrator is to select the design and color scheme of the plates in consultation with the International First Vice President of the Phi Beta Sigma Fraternity, Inc. and the International Vice President of the Zeta Phi Beta Sorority, Incorporated.

In addition to all fees otherwise required by law for the registration of a motor vehicle, the bill imposes an application fee of $50 and an annual renewal fee of $10 for the plates. After the deduction of the cost to implement the program, any additional fee collections are required to be deposited into the special non-lapsing fund known as the “Phi Beta Sigma and Zeta Phi Beta License Plate Fund” (fund). To support the mission and programs of both organizations, the proceeds of the fund are to be annually appropriated to the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated.

The chief administrator is required to annually certify the average cost of producing, issuing, renewing, and publicizing the availability of the plates. If the average cost per plate exceeds $50 in two consecutive fiscal years, the chief administrator may discontinue the program. The bill also requires the International First Vice President of the Phi Beta Sigma Fraternity, Inc. and the International Vice President of the Zeta Phi Beta Sorority, Incorporated to appoint one liaison to represent the two organizations in all communications with the commission regarding the program.

The bill prohibits the use of either State or other public funds by the commission to cover the initial cost to implement the program. The bill requires the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated—or an individual or entity designated by the organizations—to contribute non-public monies, not to exceed $25,000, to offset the initial costs to design, produce, issue, and publicize the plates and for computer programming changes which may be necessary to implement the program. The bill authorizes the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated to receive funds from private sources to offset the initial costs of the program.

The commission is not required to design, produce, issue, or publicize the availability of the plates or make any necessary programming changes, until: (1) the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated—or the individual or entity designated by the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated—has provided the commission with the money necessary to offset the initial costs incurred by the commission in establishing the program; and (2) the liaison of the Phi Beta Sigma Fraternity, Inc. and the Zeta Phi Beta Sorority, Incorporated has provided the commission with a minimum of 500 completed applications for the plates.

The provisions of the bill will remain inoperative until the first day of the 13th month after the commission receives the appropriate number of applications and amount in fees required to offset the initial cost to implement the program. The bill expires on the last day of the 12th month after the date of enactment if the required number of applications or amount in fees to offset the initial costs is not received.