reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2-9.6 - Construction of act to preserve rights of tenure, civil service, pension or retirements

39:2-9.6. Construction of act to preserve rights of tenure, civil service, pension or retirements
Except as otherwise provided in this act, nothing in this act shall be construed to deprive a person of tenure rights or of a right or protection under the laws concerning Civil Service, pension or retirement.
L.1983, c. 403, s. 43, eff. Dec. 23, 1983.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2-9.7 - State Agency Transfer Act; application to act

39:2-9.7. State Agency Transfer Act; application to act
All of the provisions of this act, except as otherwise provided herein, shall be carried out in accordance with the "State Agency Transfer Act," P.L. 1971, c. 375 (C. 52:14D-1 et seq.).
L.1983, c. 403, s. 44, eff. Dec. 23, 1983.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2-9.8 - Construction of act concerning graduated driver licensing and driving schools.

39:2-9.8 Construction of act concerning graduated driver licensing and driving schools.
12. The provisions of this act are not intended, nor shall they be construed or used, as a basis to privatize existing services or programs, or in any manner reduce the number of State employees performing driver testing duties in the Division of Motor Vehicles.
L.2001,c.420,s.12.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2-10 - Records and seal; authentication of documents

39:2-10. Records and seal; authentication of documents
The director shall keep a record of all his official acts, shall preserve copies of all decisions, rules and orders made by him and shall adopt an official seal. Copies of any act, rule, order or decision made by him and of any paper filed in his office may be authenticated under such seal, at a cost not to exceed $5.00 for each authentication, and when so authenticated shall be evidence the same as the original.
Amended by L.1975, c. 180, s. 1, eff. Jan. 1, 1976.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2-13 - Medical advisory panel

39:2-13. Medical advisory panel
There is hereby created in the Division of Motor Vehicles a special study and advisory panel to be known as the medical Advisory Panel consisting of physicians licensed to practice medicine and surgery (including physicians specialty-board certified in internal medicine, psychiatry, neurology, physical medicine, and ophthalmology), licensed optometrists, and officials of the division supervising motor vehicle driver licensing.
L.1977, c. 26, s. 1, eff. Feb. 24, 1977. Amended by L.1980, c. 37, s. 2, eff. June 19, 1980.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2-14 - Appointments; term; reimbursement for expenses

39:2-14. Appointments; term; reimbursement for expenses
The members of the panel shall be appointed by the Governor upon recommendations by the director and shall be in such number as the Governor and director shall deem appropriate. In recommending the physician and optometrist members, the director shall seek the advice and recommendations of the Medical Society of New Jersey with respect to the physician members, and the New Jersey Optometric Association with respect to the optometrist member or members. The panel and the members thereof shall serve at the pleasure of the Governor. They shall receive no compensation for their services but shall be reimbursed for the reasonable expenses actually incurred in the performance of their duties as approved by the director.
L.1977, c. 26, s. 2, eff. Feb. 24, 1977.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2-15 - Duties; recommendations; adoption by division

39:2-15. Duties; recommendations; adoption by division
The Medical Advisory Panel shall study and review all medical criteria and vision standards applicable to the licensing of motor vehicle drivers by the division and recommend such additions and revisions thereof as it shall deem necessary and appropriate. Any such recommended additions and revisions may be adopted by the division on a trial basis to determine the necessity and validity thereof.
The director may from time to time require panel members to give testimony at administrative hearings concerning applicants and licensees who may suffer from medical, vision, psychiatric, psychological or characterological disorders relating to a person's ability to safely operate a motor vehicle.
L.1977, c. 26, s. 3, eff. Feb. 24, 1977. Amended by L.1980, c. 37, s. 3, eff. June 19, 1980.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2-16 - Nonliability for civil damages as a result of providing reports, records, etc.

39:2-16. Nonliability for civil damages as a result of providing reports, records, etc.
No member of the Medical Advisory Panel, the Director of the Division of Motor Vehicles or his employees, or any physician or optometrist licensed to practice in this State shall be liable for any civil damages as a result of providing any reports, records, examinations, opinions or recommendations pursuant to the act to which this act is a supplement.
L.1980, c. 173, s. 1, eff. Dec. 29, 1980.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-1 - Short title.

39:2A-1 Short title.
1. Sections 1 through 30, 32 through 35, 40, 41, 105, 109, 110 and 120 through 123 of this act shall be known and may be cited as "The Motor Vehicle Security and Customer Service Act."
L.2003,c.13,s.1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-3 - Definitions relative to New Jersey Motor Vehicle Commission.

39:2A-3 Definitions relative to New Jersey Motor Vehicle Commission.
3. As used in this act:
"Agency" or "motor vehicle agency" means that enterprise run by an agent designated by the commission to be the commission's agent for the registering of motor vehicles, issuing registration certificates and licensing of drivers, as provided in R.S.39:3-3 and R.S.39:10-25.
"Agent" or "Motor Vehicle Agent" means a person designated as agent in R.S.39:3-3 and R.S.39:10-25.
"Board" means the board established by section 12 of P.L.2003, c.13 (C.39:2A-12).
"Chair" means the chair of the board.
"Chief Administrator" or "administrator" means the chief administrator of the commission.
"Commission" means the New Jersey Motor Vehicle Commission established and created by section 4 of P.L.2003, c.13 (C.39:2A-4).
"Commissioner" means the Commissioner of Transportation of this State.
"Department" means the Department of Transportation of this State.
"Deputy Chief Administrator" or "deputy administrator" means the deputy chief administrator of the commission and all references in any law, rule, regulation or order to the Deputy Director of the division shall mean and refer to the deputy administrator.
"Director" means the Director of the Division of Motor Vehicles.
"Division" or "DMV" means the Division of Motor Vehicles in the Department of Transportation.
"Service charge" means an amount charged by the commission for services rendered, which includes all new fees and surcharges, increases in existing fees and surcharges, and such amounts as provided in section 105 of P.L.2003, c.13 (C.39:2A-36). Service charges are revenue of the commission and are not subject to appropriation as Direct State Services by the Legislature.
L.2003, c.13, s.3; amended 2007, c.335, s.1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-4 - "New Jersey Motor Vehicle Commission" established; division abolished.

39:2A-4 "New Jersey Motor Vehicle Commission" established; division abolished.
4. a. There is hereby established a body corporate and politic, with corporate succession, to be known as the "New Jersey Motor Vehicle Commission." The commission shall be established in the Executive Branch of the State Government and for the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is allocated, in but not of, the Department of Transportation, but notwithstanding this allocation, the commission shall be independent of any supervision and control by the department or by any board or officer thereof. The commission is hereby constituted as an instrumentality of the State exercising public and essential governmental functions, and the exercise by the commission of the powers conferred by this act shall be deemed and held to be an essential governmental function of the State.
b. The Division of Motor Vehicles, transferred to the Department of Transportation pursuant to Reorganization Plan No. 002-1995, is abolished as a division in the Department of Transportation, and all of its functions, powers and duties, except as herein otherwise provided, are transferred to, and are continued in the commission and shall be exercised by the chief administrator of the commission. Unless otherwise specified in this act, this transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). All records, equipment and other personal property, appropriations, and any unexpended balances of funds appropriated or otherwise available to the division, shall be transferred to the commission pursuant to the "State Agency Transfer Act."
c. Whenever any law, rule, regulation, order, contract, tariff, document, reorganization plan, judicial, or administrative proceeding or otherwise thereunder, refers to the Division of Motor Vehicles in the Department of Law and Public Safety or in the Department of Transportation, or to the director thereof, the reference shall mean and refer to the commission, unless otherwise stated in this act.
d. Regulations adopted by the division shall continue with full force and effect until amended or repealed pursuant to law.
e. The commission shall operate on a fiscal year budget cycle.
f. The commission shall continue in existence until dissolved by act of the Legislature. However, any dissolution of the commission shall be on condition that the commission has no debts, contractual duties or obligations outstanding, or that provision has been made for the payment, discharge or retirement of these debts, contractual duties or obligations. Upon any dissolution of the commission, all property, rights, funds and assets thereof shall pass to and become vested in the State.
L.2003,c.13,s.4.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-5 - Transfer of employees; retirement system, health benefits.

39:2A-5 Transfer of employees; retirement system, health benefits.
5. a. Upon the abolishment of the division, all career service employees serving in the division on that date shall be employees of the commission and shall be transferred to the commission pursuant to the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.) and shall retain their present career service employment status and their collective bargaining status, including all rights of tenure, retirement, pension, disability, leave of absence, or similar benefits. Future employees of the commission shall be hired consistent with the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder.
b. Upon action of the commission, all agency employees shall become employees of the commission. Such employees shall be assigned to appropriate titles by the Civil Service Commission. Those private motor vehicle agency employees who were employed by the agency on or before January 1, 2003 and who are assigned to career service titles upon employment with the commission shall, upon completion of the special probationary period described in section 7 of P.L.2003, c.13 (C.39:2A-7), attain permanent, regular appointments in their respective titles. No special probationary period shall be required for those who have previously completed a probationary period during their previous State service employment. Except for managerial and confidential employees as defined by the "New Jersey Employer - Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), such employees shall be covered under the State of New Jersey's collective bargaining agreements and shall obtain all employment and collective bargaining rights consistent therewith.
c. Officers and employees of the commission shall be enrolled in the Public Employees' Retirement System and shall be eligible to participate in the State Health Benefits Program established pursuant to the "New Jersey State Health Benefits Program Act," P.L.1961, c.49 (C.52:14-17.25 et seq.).
L.2003, c.13, s.5; amended 2008, c.29, s.93.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-6 - Employee seniority, benefits transferred, continued.

39:2A-6 Employee seniority, benefits transferred, continued.
6. a. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and rules promulgated thereunder to the contrary, employees of a private motor vehicle agency who were employed with that agency immediately after serving in the division prior to its privatization, shall, upon returning to State service as employees of the commission, receive civil service seniority credit for all years of employment service retroactive to the date upon which they commenced State employment prior to employment with the private motor vehicle agency. These employees shall also receive civil service seniority credit for all years of employment with the private motor vehicle agency as if the employment were total and continuous.
b. Employees employed by the private motor vehicle agency who enter State service as employees of the commission but who have no prior State service shall receive civil service seniority credit for all years of employment with the private motor vehicle agency.
c. Civil service seniority credit for all employees referred to in subsections a. and b. of this section shall only be used to determine seniority credit for layoff and promotional purposes and accrual of paid leave.
d. Accumulated sick and vacation leave for employees entering or returning to State service as provided in subsections a. and b. of this section shall be transferred and credited to their State leave accounts immediately upon their return to State service.
L.2003,c.13,s.6.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-7 - Probationary period for certain employees.

39:2A-7 Probationary period for certain employees.
7. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder to the contrary, all employees entering or returning to State service other than those on a Special Reemployment List as employees of the commission following employment with a private motor vehicle agency, who have been employed with the private motor vehicle agency on or before January 1, 2003, and assigned to the career service shall be subject to a special probationary period unless they have already completed a probationary period during their previous State service employment. The special probationary period shall have a duration of six months from the date that the employees enter or return to State service as employees of the commission. Each employee's work performance shall be evaluated to determine whether the employee can satisfactorily perform the duties of the title to which the employee is appointed and progress reports shall be provided to the employee as provided by the rules of the Civil Service Commission. An employee who is determined to have satisfactorily performed the duties of the employee's career service title shall attain permanent status in that title at the conclusion of the special probationary period. An employee who is determined not to have satisfactorily performed the duties of that title during or at the conclusion of the special probationary period shall be immediately separated from State service and shall not have any right of appeal regarding the separation to the Civil Service Commission.
L.2003, c.13, s.7; amended 2008, c.29, s.94.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-8 - Determination of employee salaries.

39:2A-8 Determination of employee salaries.
8. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder to the contrary, the employees entering or returning to State service as employees of the commission in career service titles following employment with a private motor vehicle agency, shall receive a salary commensurate with total years of service as determined by the commission in the salary range assigned to the career service titles to which they have received an appointment.
L.2003,c.13,s.8.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-9 - Testing of provisional employees.

39:2A-9 Testing of provisional employees.
9. a. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder to the contrary, employees entering State service other than those on a Special Reemployment List as employees of the commission in career service titles following employment after January 1, 2003 with a private motor vehicle agency shall be considered provisional employees subject to competitive testing.
b. Notwithstanding the provisions of Title 11A of the New Jersey Statutes and the rules promulgated thereunder, employees entering State service as provided in subsection a. of this section shall not be subject to displacement by persons on preexisting Special Reemployment Lists. Special Reemployment Lists for applicable titles shall be used only to fill vacant positions in the commission.
L.2003,c.13,s.9.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-10 - Powers of deputy chief administrator.

39:2A-10 Powers of deputy chief administrator.
10. The Deputy Chief Administrator shall assist the chief administrator in the day-to-day administration of the commission and shall have all of the powers and duties of the chief administrator, as authorized and assigned by the chief administrator.
The deputy chief administrator shall carry out all of the chief administrator's duties and responsibilities during the chief administrator's absence, disqualification or inability to serve, and shall perform such other duties and responsibilities as the chief administrator shall determine and assign. If a vacancy occurs in the office of the chief administrator for any reason, the deputy chief administrator shall become acting chief administrator to serve until a successor is appointed in accordance with section 12 of P.L.2003, c.13 (C.39:2A-12). The deputy chief administrator shall serve at the pleasure of the chief administrator and shall receive such salary as fixed by the chief administrator in accordance with the table of organization. The deputy chief administrator shall be in the State unclassified service.
L.2003, c.13, s.10; amended 2009, c.298, s.1.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-11 - Administrator considered "appointing authority."

39:2A-11 Administrator considered "appointing authority."
11. Except as otherwise provided by law, the administrator shall be considered the "appointing authority" for the commission within the contemplation of the civil service laws and the table of organization. The administrator may delegate such appointing authority to the deputy administrator as he deems necessary.
L.2003,c.13,s.11.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-14 - Election of vice-chair.

39:2A-14 Election of vice-chair.
14. The board shall elect annually, by a majority of the full membership of the board, one of its members, other than the Chair, to serve as Vice-Chair for the ensuing year. The Vice-Chair shall hold office until January 1 next ensuing. The Vice-Chair, acting in the capacity of presiding officer, shall carry out all of the responsibilities of the Chair of the board during the Chair's absence, disqualification, or inability to serve.
L.2003, c.13, s.14; amended 2007, c.335, s.4.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-15 - Member compensation.

39:2A-15 Member compensation.
15. Members other than those serving ex officio shall serve without compensation, but the board shall reimburse board members for actual expenses necessarily incurred in the discharge of their duties.
L.2003, c.13, s.15; amended 2007, c.335, s.5.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-16 - Meetings of board.

39:2A-16 Meetings of board.
16. a. The board shall meet every other month or at more frequent times at the discretion of the Chair or as a majority of the board shall decide. Meetings of the board shall be held at such times and places as the Chair may deem necessary and convenient.
b. The meetings shall be subject to the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
c. Any other law, rule or regulation to the contrary notwithstanding, the board shall take all necessary steps to ensure that all interested persons are given adequate notice of board meetings and the agenda of such meetings, through the utilization of media engaged in the dissemination of information.
d. The powers of the board shall be vested in the members thereof. Four members of the board shall constitute a quorum at any meeting. Actions may be taken and motions and resolutions adopted by the board by the affirmative vote of at least four voting members. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
L.2003, c.13, s.16; amended 2007, c.335, s.6.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-17 - Minutes delivered to Governor, effect of veto.

39:2A-17 Minutes delivered to Governor, effect of veto.
17. A true copy of the minutes of every meeting of the board shall be delivered by and under the certification of the secretary of the board, without delay, to the Governor. No action taken at the meeting shall have force or effect until 10 days, Saturdays, Sundays, and public holidays excepted, after the minutes are delivered, unless during the 10-day period the Governor approves the minutes, in which case the action shall become effective upon approval. If, in that 10-day period, the Governor returns copies of the minutes with a veto of any action taken by the board or any member, the action shall be null and void and of no effect.
L.2003, c.13, s.17; amended 2007, c.335, s.7.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-18 - Members subject to Conflicts of Interest Law.

39:2A-18 Members subject to Conflicts of Interest Law.
18. Members of the board shall be subject to the provisions of the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.).
L.2003, c.13, s.18; amended 2007, c.335, s.8.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-19 - Removal of member.

39:2A-19 Removal of member.
19. Each appointed member of the board may be removed from office by the Governor for cause, after a public hearing and may be suspended by the Governor pending the completion of the hearing. Before assuming the duties of board membership, each member shall take and subscribe an oath to perform the duties of the office faithfully, impartially and justly to the best of the member's ability. A record of the oaths shall be filed in the office of the Secretary of State.
L.2003, c.13, s.19; amended 2007, c.335, s.9.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-20 - Authorization of payment methods including electronic.

39:2A-20 Authorization of payment methods including electronic.
20. The commission may, in acceptance of payment of any fees, fines, penalties, surcharges, service charges or other charges, authorize the use of a credit or debit card or any other electronic payment device.
L.2003,c.13,s.20.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-21 - Rules, regulations.

39:2A-21 Rules, regulations.
21. The board shall adopt all rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) for the proper functioning of the commission, and as necessary to effectuate the purposes of this act, except for those relating to the internal governance of the commission adopted by the administrator. Current rules and regulations of the division shall remain in full force and effect until such time as they are repealed or amended by the board or in accordance with any other law.
L.2003, c.13, s.21; amended 2007, c.335, s.10.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-22 - Annual report to Governor, Legislature.

39:2A-22 Annual report to Governor, Legislature.
22. a. On or before January 31 of each year, the commission shall file with the Governor, the presiding officer of each House of the Legislature, and the Senate Transportation Committee and the Assembly Transportation and Public Works Committee, or their successors, a report setting forth the operational, capital and financial expenditures of the previous year, and the operational, capital, and financial plan, and the table of organization and staffing plan, for the current year.
The commission shall include in this report the latest audited annual financial statement. In this statement, the commission shall disclose all revenues remitted to the commission and provide a detailed listing of the various categories in which it receives revenue, including any surplus revenue from the prior year.
The commission shall also include in the report an assessment of the service provided by the commission. The assessment shall include information or data or both relating to security improvements, annual transactions performed, customer wait times, and criminal complaints.
b. The commission shall cause a financial audit of its books and accounts to be made at least once each year by certified public accountants and a copy thereof shall be filed with the State Treasurer.
c. (Deleted by amendment, P.L.2007, c.335).
L.2003, c.13, s.22; amended 2007, c.335, s.11.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-23 - Immunity from liability.

39:2A-23 Immunity from liability.
23. Members of the board and officers and employees of the commission shall not be liable in an action for damages to any person for any action taken or recommendation made within the scope of their employment as a member, officer or employee if the action or recommendation was taken or made without malice. The members of the board shall be indemnified and their defense of any action provided for in the same manner and to the same extent as employees of the State under the "New Jersey Tort Claims Act," P.L.1972, c.45 (N.J.S.59:1-1 et seq.) on account of acts or omissions in the scope of their employment.
L.2003, c.13, s.23; amended 2007, c.335, s.12.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-24 - Absolute, qualified immunities.

39:2A-24 Absolute, qualified immunities.
24. As the commission is a State agency, all absolute and qualified immunities and defenses provided to public entities and public employees by the "New Jersey Tort Claims Act," P.L.1972, c.45 (N.J.S.59:1-1 et seq.), the "New Jersey Contractual Liability Act," P.L.1972, c.45 (N.J.S.59:13-1 et seq.), and any other law shall apply to all interests held and activities performed by the commission and its employees pursuant to this act.
L.2003,c.13,s.24.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-26 - Advisory council.

39:2A-26 Advisory council.
26. There is created within the commission one advisory council, which shall provide the board with advice, technical expertise, information, guidance, and recommendations in the area of security and privacy. The board shall designate the appropriate State and local government representatives, interest group representatives, technical experts, and constituent representatives as appropriate to serve on the council. Federal government representatives and representatives of national organizations shall be asked to serve, and if willing, may be designated by the board to serve. All council members shall be designated by board action. The Chair, or the Chair's designee, shall serve on the council. The council shall meet and report to the board as frequently as the board requests. The council is as follows:
a. (Deleted by amendment, P.L.2009, c.298).
b. (Deleted by amendment, P.L.2009, c.298).
c. The Security and Privacy Advisory Council, which shall: advise the board as to how to effectively maintain the commission's system and business processes in the securest manner; help the board to address the commission's most serious security breaches; advise as to new or modified programs needed to achieve heightened security; and recommend methods to curtail fraudulent and criminal activities that present threats to the State's security as well as measures to protect the privacy of driver information, including but not limited to the Driver's Privacy Protection Act of 1994, Pub.L.103-322.
d. (Deleted by amendment, P.L.2009, c.298).
e. (Deleted by amendment, P.L.2009, c.298).
In addition to the council created above, the chief administrator may create and establish as necessary within the commission any other advisory council to examine issues affecting or identified by the commission. The members of such councils shall be designated, serve, meet and report to the board as provided for the members of the council created above. The Chair or Chair's designee shall serve on each council. The Safety Advisory Council, the Customer Service Advisory Council, the Business Advisory Council, and the Technology Advisory Council are abolished.
L.2003, c.13, s.26; amended 2007, c.335, s.13; 2009, c.298, s.4.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-27 - Study on location, adequacy of agency facilities.

39:2A-27 Study on location, adequacy of agency facilities.
27. The administrator is directed to immediately commence a study on the location and adequacy of agency facilities. Special attention shall be paid to siting agencies which are accessible to transit and parking facilities. The study shall examine the affordability and practicality of using smaller satellite offices. The study shall reexamine the location and number of the commission's regional service centers. The study shall reevaluate the core business practices used in the administration of motor vehicle services and so report to the commission.
L.2003,c.13,s.27.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-28 - Powers, duties of chief administrator.

39:2A-28 Powers, duties of chief administrator.
28. In addition to any powers and duties otherwise imposed by P.L.2003, c.13 (C.39:2A-1 et al.), the chief administrator shall have general responsibility for the implementation of P.L.2003, c.13 (C.39:2A-1 et al.), and shall, without limitation:
a. Perform, exercise, and discharge the functions, powers, and duties of the commission through such offices as may be established by P.L.2003, c.13 (C.39:2A-1 et al.) or otherwise by law;
b. Administer and organize the work of the commission in such organizational units, and from time to time alter the plan of organization as deemed expedient, as necessary for the secure, efficient and effective operation of the commission;
c. Appoint, remove, and fix the compensation of subordinate officers and other personnel employed by the commission in accordance with the commission's table of organization, except as herein otherwise specifically provided;
d. Appoint, remove, and fix the compensation and terms of employment of the deputy administrator, who shall serve in the State unclassified service, in accordance with the commission's table of organization;
e. Organize and maintain an administrative office and employ therein such secretarial, clerical, and other assistants in the commission as the internal operations of the commission may require;
f. Formulate and adopt rules and regulations for the efficient conduct of the work and general administration of the commission, its officers and employees;
g. Prepare an annual budget, and submit it to the board;
h. Prepare annually, a strategic business plan and submit it to the board, including a facilities improvement and management plan and a table of organization;
i. Institute or cause to be instituted such legal proceedings or processes as may be necessary to properly enforce and give effect to any of the powers or duties of the chief administrator;
j. Report as the Governor shall from time to time request or as may be required by law;
k. Collect all fees, fines, penalties, surcharges, service charges, and other charges imposed by P.L.2003, c.13 (C.39:2A-1 et al.) and the regulations issued pursuant thereto or pursuant to law;
l. Develop and maintain a master list of all assets;
m. Oversee the implementation of the facilities improvement and management plan, in consultation with the State Treasurer;
n. Perform such other functions as may be prescribed in P.L.2003, c.13 (C.39:2A-1 et al.) or by any other law or by the board; and
o. Establish a point based identification verification program, or a successor identification verification program as the chief administrator deems appropriate, which shall be used to prove the identity of any applicant for a basic driver's license, probationary license, permit, or non-driver identification card.
L.2003, c.13, s.28; amended 2007, c.335, s.14; 2019, c.271, s.6.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-29 - Goals of administrator, deputy administrator.

39:2A-29 Goals of administrator, deputy administrator.
29. The administrator, and the deputy administrator under the direction of the administrator, shall have as their immediate goal the improvement of the safety and security of the State's motor vehicle licensing, registration, titling and inspection system and to this end are authorized to:
a. Make technological improvements, including the modernization of software and hardware, the addition of surveillance cameras, alarms, and access systems, and the utilization of biometrics;
b. Increase the number of audit staff, security guards, and other security-related employees;
c. Improve training and monitoring procedures;
d. Utilize document imaging from the field;
e. Integrate the New Jersey title database with the National Motor Vehicle Title Information System;
f. Improve license plate management, including an automated inventory system and reissuance program;
g. Acquire the ability to access State vital statistics data to immediately update driver's license information;
h. Implement additional proofs of identity verification for a non-driver identification card, driver's license, permits, and registrations;
I. Implement card access systems, clear visibility barriers and door replacements where needed;
j. Replace the written driver's license knowledge test with an online test;
k. Increase the use of credit or debit cards or any other electronic payment device;
l. Increase the use of scanned documents;
m. Match motor vehicle records with Social Security records to verify Social Security numbers in the motor vehicle database, to the extent allowable; and
n. Seek the assistance of the Immigration and Naturalization Service to verify authenticity of motor vehicle applicants and their eligibility for documents.
L.2003,c.13,s.29.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-31 - Exercise of powers by commission for people; tax exemption.

39:2A-31 Exercise of powers by commission for people; tax exemption.
32. The exercise of the powers granted by this act will be in all respects for the benefit of the people of the State, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of facilities and assets by the commission will constitute the performance of essential governmental functions, the commission shall not be required to pay any taxes or assessments upon any facility and assets or any property acquired or used by the commission under the provisions of this act or upon the income therefrom, and any facility and assets and any property acquired or used by the commission under the provisions of this act and the income therefrom shall be exempt from taxation.
L.2003,c.13,s.32.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-33 - Contracts for ancillary services; use of revenues; rules, regulations.

39:2A-33 Contracts for ancillary services; use of revenues; rules, regulations.
35. a. The commission may contract for ancillary services at facilities used by the commission, including but not limited to food and beverage concessions, service concessions that would be beneficial to its customers, and information services that would be of interest or informative to its customers, such as television displays, public service displays, and the like.
b. In entering into a contract pursuant to subsection a. of this section, the commission shall award a contract on the basis of competitive public bids or proposals to the responsible bidder or proposer whose bid or proposal is determined to be in the best interest of the State, price and other factors considered.
c. The commission may also sell, lease, or otherwise contract for advertising in or on its equipment or facilities, in any mailing it conducts, or in any publication it produces, including, but not limited to, the New Jersey Driver Manual distributed pursuant to R.S.39:3-41.
d. The commission is authorized to receive funds from contracts entered into pursuant to subsections a. and c. of this section and shall have the right to use the same. The revenue shall not be subject to appropriation as Direct State Services by the Legislature. In addition, this revenue shall not be restricted from use by the commission in any manner except as provided by law. This revenue shall be used in the furtherance of commission purposes. This revenue shall be considered revenue of the commission and shall not be subject to the calculation of proportional revenue remitted to the commission pursuant to section 105 of P.L.2003, c.13 (C.39:2A-36).
e. In accordance with the "Administrative Procedure Act," P.L.1968, c.401 (C.52:14B-1 et seq.), the commission shall promulgate rules and regulations necessary to effectuate the purposes of this section, including, but not limited to, the criteria for determining the appropriateness of any advertising and the suitability of any advertising message.
L.2003, c.13, s.35; amended 2009, c.298, s.5.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-34 - Reorganization plans superseded.

39:2A-34 Reorganization plans superseded.
40. To the extent that Reorganization Plans Nos. 002-1995 and 005-1998 are inconsistent with any provisions of this act, they are superseded to the extent of such inconsistencies and any reference in such Plans to the Division of Motor Vehicles in the Department of Transportation shall mean and refer to the commission.
L.2003,c.13,s.40.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-35 - Transfer of Commercial Bus Unit.

39:2A-35 Transfer of Commercial Bus Unit.
41. The Commercial Bus Unit in the Department of Transportation, together with all of its functions, powers and duties is transferred to and vested in the commission. This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). All career service employees who serve in the Commercial Bus Unit shall be employees of the commission and shall retain their present civil service employment status and their collective bargaining status, including all rights of tenure, retirement pension, disability, leave of absence, or similar benefits. All records, property appropriations, and any unexpended balance of funds appropriated or otherwise available to the Commercial Bus Unit, shall be transferred to the commission pursuant to the "State Agency Transfer Act."
L.2003,c.13,s.41.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-37 - Fees concerning licenses, effective date, revenue of the commission, certain.

39:2A-37 Fees concerning licenses, effective date, revenue of the commission, certain.
109. Notwithstanding any other provision of law, all fees established pursuant to P.L.2001, c. 391 shall take effect on the enactment of P.L.2003, c.13 (C.39:2A-1 et al.). The $6 digitized picture fee shall be charged regardless of whether the license or identification card displays a picture, and shall be revenues of the commission for use in the furtherance of any commission purpose. This fee shall be considered revenues of the commission and shall not be subject to the calculation of proportional revenue remitted to the commission pursuant to section 105 of P.L.2003, c.13 (C.39:2A-36).
Revenues of the commission shall not be subject to appropriation as direct State services by the Legislature. In addition, the revenues of the commission shall not be restricted from use by the commission in any manner except as provided by law. Revenues of the commission may be used in the furtherance of any purpose of the commission or as otherwise provided for in law.
L.2003,c.13,s.109.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-38 - Additional fees as security surcharge; commission revenue.

39:2A-38 Additional fees as security surcharge; commission revenue.
110. In addition to the vehicle registration fees imposed pursuant to the provisions of chapters 3, 4, and 8 of Title 39 of the Revised Statutes, the commission shall impose and collect an additional $7 for each new and renewal vehicle registration as a security surcharge, which surcharge shall take effect on the enactment of P.L.2003, c.13 (C.39:2A-1 et al.). The security surcharges collected pursuant to this section shall be revenues of the commission and shall not be subject to the calculation of proportional revenue remitted to the commission pursuant to section 105 of P.L.2003, c.13 (C.39:2A-36). The security surcharge shall not be imposed on the registration of passenger vehicles registered to persons possessing a valid identification card for a person with a disability issued pursuant to section 2 of P.L.1949, c.280 (C.39:4-205) or to persons aged 65 years of age or older at the time of registration or registration renewal. Revenues of the commission shall not be subject to appropriation as direct State services by the Legislature. In addition, the revenues of the commission shall not be restricted from use by the commission in any manner except as provided by law. Revenues of the commission may be used in the furtherance of any purpose of the commission or as otherwise provided for in law.
L.2003, c.13, s.110; amended 2007, c.335, s.17; 2017, c.131, s.148.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-39 - Monies considered revenues of commission.

39:2A-39 Monies considered revenues of commission.
120. All monies paid to the commission pursuant to section 1 of P.L.1952, c.176 (C.39:6-58) are revenues of the commission and shall not be subject to the calculation of proportional revenues remitted to the commission pursuant to section 105 of P.L.2003, c.13 (C.39:2A-36).
L.2003,c.13,s.120.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-41 - Severability; liberal construction.

39:2A-41 Severability; liberal construction.
123. The provisions of this act shall be deemed to be severable, and if any phrase, clause, sentence or provision of this act is declared to be unconstitutional or the applicability thereof to any person is held invalid, the remainder of this act shall not thereby be deemed to be unconstitutional or invalid.
This act shall be liberally construed to obtain the objectives and effect the purposes thereof.
L.2003,c.13,s.123.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-42 - Promotional payment incentives.

39:2A-42 Promotional payment incentives.
2. a. Notwithstanding the provisions of any other law to the contrary, no later than six months from the date of enactment of this act, and periodically thereafter, the Chief Administrator of the New Jersey Motor Vehicle Commission shall establish promotional payment incentives and shall offer such incentives to any driver who has failed to pay any motor vehicle surcharges levied pursuant to paragraph (1) or paragraph (3) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35) or who has been authorized by the chief administrator to pay a surcharge levied pursuant to paragraph (1) or paragraph (3) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35) on an installment basis. The promotional payment incentives afforded under this subsection shall not apply to surcharges levied pursuant to paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35) nor shall any driver who has any outstanding surcharges levied pursuant to that paragraph be eligible to participate in any promotional payment incentives established by the chief administrator.
Promotional payment incentives may include, but need not be limited to, waivers of down payments necessary to satisfy any surcharge suspension, waivers of interest for the payment of the full principal amount of any surcharges owed to the chief administrator, or any other incentive that the chief administrator establishes.
b. All monies collected pursuant to the provisions of this section shall be remitted to the "Motor Vehicle Surcharges Revenue Fund," established pursuant to section 6 of P.L.2004, c.70 (C.34:1B-21.28).
L.2009, c.224, s.2.
2023 New Jersey Revised Statutes › Title 39 - Motor Vehicles and Traffic Regulation › Section 39:2A-43 - "Mainland Memoriam Act."

39:2A-43 "Mainland Memoriam Act."
1. a. This act shall be known and may be cited as the "Mainland Memoriam Act."
b. As used in this section:
"Dealer" means any person engaged in the business of selling or leasing motor vehicles to consumers or other end users and licensed pursuant to R.S.39:10-19.
"Motor vehicle" means the same as that term is defined in R.S.39:1-1.
c. (1) The Chief Administrator of the New Jersey Motor Vehicle Commission shall create written informational material detailing the laws and conditions applicable to holders of special learner's permits, examination permits, and probationary driver's licenses and post the informational material on the official website of the commission.
(2) At the time of purchase or lease of a motor vehicle, a dealer shall provide, in a manner prescribed by the chief administrator, the written informational material created pursuant to paragraph (1) of this subsection to a person purchasing or leasing a motor vehicle from the dealer.
L.2015, c.286, s.1.