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A189
ASSEMBLY, No. 189
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Removes authority of MVC to increase certain fees;
sets certain fees by statute.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning certain motor vehicle and boating fees,
amending P.L.1984, c.152 and P.L.2007, c.335 and supplementing Title 39 of the
Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 12 of P.L.1984,
c.152 (C.12:7A-12) is amended to read as follows:
���� 12.� a.� The purchaser of any
marine equipment for which a certificate of ownership is required in this State
shall, within 10 days after its purchase, submit to the
[
director
]
chief
administrator
evidence of the purchase.� Upon presentation to the
[
director
]
chief
administrator
of the certificate of origin or certificate of ownership,
with proper assignment and certification of the seller, a record of the
transaction shall be made and filed.� A certificate of ownership shall be made
and filed.� A certificate of ownership shall be issued by the
[
director
]
chief
administrator
and delivered to the buyer, in case of a sale not subject to
a security interest, and the
[
director
]
chief
administrator
shall collect a fee
of $20
for the issuance and filing
thereof.
���� b.��� In the case of a sale
subject to a security interest, the original certificate of ownership, with the
name and address of the holder of the encumbrance or secured party or his
assignee recorded thereon, shall be delivered to the holder of the encumbrance
or secured party or his assignee and a nonnegotiable copy thereof shall be
delivered to the buyer.� The
[
director
]
chief
administrator
shall collect a fee
of $30
for
[
his
]
the chief
administrator's
services in issuing a certificate and a copy thereof, and
for making and filing a record of the transaction pursuant to this subsection.
���� c.���� Except as otherwise
provided in this section, whenever a security interest is created in any marine
equipment, other than a security interest which is required to be noted on the
certificate of origin or the certificate of ownership as provided in sections
11 and 12 of this act, there shall be filed with the
[
director
]
chief
administrator
the certificate of ownership of the marine equipment together
with a financing statement on a form prescribed by the
[
director
]
chief
administrator
.� The
[
director
]
chief
administrator
shall make and file a record of the transaction and shall
issue a certificate of ownership recording the name and address of the secured
party or his assignee thereon, and shall deliver it to the secured party or his
assignee.� A copy of the certificate of ownership so issued shall be delivered to
the owner.� The
[
director
]
chief
administrator
shall collect a fee
of $30
for
[
his
]
the chief
administrator's
services in issuing a certificate and copy thereof and for
making and filing a record of the transaction pursuant to this subsection.
���� d.��� The financing statement
required to be filed pursuant to subsection c. of this section shall be signed
only by the owner, shall not be required to be acknowledged or proved, and
shall show, in addition to such matters as the
[
director
]
chief
administrator
may require for the proper identification of the marine
equipment affected, the date of the security agreement, and the names and
addresses of the parties thereto.� The security agreement or a copy thereof, or
any proof of execution thereof other than that contained in the financing
statement, need not be presented to the
[
director
]
chief
administrator
.� When the owner is a corporation, it shall be sufficient if
the financing statement is signed by any officer thereof, or by any agent
designated by the corporation for that purpose, and it shall not be necessary
that the financing statement recite the authorization of the agent.� When there
is more than one owner, it shall be sufficient if the financing statement is
signed by any one of them.
���� e.���� Nothing in subsections
c. and d. of this section shall apply to a security interest in marine
equipment which constitutes inventory held for sale, but the interest shall be
subject to chapter 9 of Title 12A of the New Jersey Statutes.
���� f.���� In addition to the fees
elsewhere in this section provided for, there shall be paid to the
[
director
]
chief
administrator
a fee
of $10
for notice of satisfaction of the lien or
encumbrance of the record or abstract, or of the termination of the security
interest where the marine equipment is subject to a lien or encumbrance or a
security interest.
���� g.��� Notwithstanding any
other provision of this section to the contrary, when any dealer is the
purchaser of any marine equipment in this State,
[
he
]
the dealer
shall, within
10 days after its purchase, submit to the
[
director
]
chief
administrator
the evidence of purchase.� Upon presentation of the
certificate of ownership with proper assignment and certification of the seller
to the
[
director
]
chief
administrator
, a record of the transaction shall be made and filed.� A
certificate of ownership shall be issued by the
[
director
]
chief
administrator
and delivered to the purchaser, and the
[
director
]
chief
administrator
shall collect a fee for the issuing and filing thereof.� A
purchaser of any marine equipment who fails to comply with the provisions of
this subsection shall pay the
[
director
]
chief
administrator
a penalty plus the issuing and filing fee.
���� h.��� The failure of a person
to comply with the requirements of this section shall constitute a violation
within the provisions of section 25 of this act, but the failure shall not
affect the validity of any instrument creating or reserving a security interest
in any marine equipment as between the parties to the instrument.
���� i.���� The notation of the
name and business or residence address of a secured party or his assignee on
the certificate of origin or on the certificate of ownership, as provided in
sections 9 and 10 of this act, and the presentation to the
[
director
]
chief
administrator
of the certificate of origin or certificate of ownership so
noted, in the compliance with the security interest filing requirements of this
act, shall be in lieu of all filing requirements imposed by chapter 9 of Title
12A of the New Jersey Statutes and shall constitute the perfection of the
security interest in the marine equipment, and the rights and remedies of the
debtors and the secured parties in respect to the security interest shall,
except as otherwise expressly provided in this act, be subject to and governed
by chapter 9 of Title 12A of the New Jersey Statutes.
���� j.���� Any security interest
perfected pursuant to chapter 9 of Title 12A of the New Jersey Statutes not
later than 30 days after either the effective date of
[
this
]
P.L.
1987
[
amendatory
act
]
,
c.138
or June 15, 1987, whichever date is later, shall remain perfected
pursuant to that Title 12A until perfected as required under P.L.1984, c.152
(C.12:7A-1 et seq.).� For this category of security interest, perfection in
accordance with P.L.1984, c.152 shall occur not later than one year after
either the effective date of
[
this
]
P.L.
1987
[
amendatory
act
]
,c.138
or June 15, 1987, whichever date is later.� For this category of security
interest, the subsequent perfection under P.L. 1984, c.152 shall be deemed to
be a continuation of the initial perfection pursuant to chapter 9 of Title 12A
of the New Jersey Statutes.
(cf: P.L.1987, c.138, s.6)
���� 2.��� Section 13 of P.L.1984,
c.152 (C.12:7A-13) is amended to read as follows:
���� 13.� a.� If a certificate of
ownership or title papers are lost, the
[
director
]
chief
administrator
may, upon proof by certification or otherwise in the manner
required by
[
him
]
the chief
administrator
and if satisfied with the application, prepare a certificate
of ownership, certify it
,
and authorize its use in place of the
original, with the same effect as the original.� The
[
director
]
chief
administrator
shall collect a fee
of $25
for this duplicate
certificate.
���� b.��� A person who falsely
states, in an application to the
[
director
]
chief
administrator
for a duplicate certificate of ownership, that a certificate
of ownership or title papers are lost, shall be subject to the penalties of
section 25 of this act. Notwithstanding any other provision of law, a
prosecution may be commenced at any time up to three years after the issuance
of the duplicate certificate.
(cf: P.L.1984, c.152, s.13)
���� 3.��� Section 15 of P.L.1984,
c.152 (C.12:7A-15) is amended to read as follows:
���� 15.� a.� The
[
director
]
chief
administrator
shall, on the record or abstract of any marine equipment
registered with
[
him
]
the chief
administrator
which is subject to a security interest of which notice is
required to be filed with
[
him
]
the chief
administrator
, make a notation of the existence of the security interest
and shall index the same under the name of the owner of record of the marine
equipment so long as the security interest remains unterminated of record.
���� b.��� Upon request from any
person, the
[
director
]
chief
administrator
shall issue a certificate, for which
[
he
]
the chief
administrator
shall be entitled to a fee
of $10.50
, showing names
and addresses of the parties to any contract of conditional sale or chattel
mortgage or other instrument or to any financing statement; the name and
address of the holder of any lien under such contract, chattel mortgage
,
or other instrument or of the secured party; the date thereof or of the
financing statement; the date of filing; the make, model,
and
identification
number or numbers of the marine equipment; and, if the condition in the
contract of conditional sale or chattel mortgage has been performed or the
security interest has been terminated, a statement to that effect.
���� c.���� For a full certified
copy of any instrument showing a lien on or a security interest in any marine
equipment the
[
director
]
chief
administrator
shall be entitled to a fee
of $5
for the certificate
plus a fee for each copy of any paper certified.
���� d.��� When evidence of
satisfaction of any contract of conditional sale or chattel mortgage or other
instrument or evidence of the termination of the security interest shall be
presented to the
[
director
]
chief
administrator
, he shall make a notation thereof on his records.
���� e.���� The
[
director
]
chief
administrator
,
[
his
]
the chief
administrator's
agents
,
and employees of the
[
Division of
Motor Vehicles in the Department of Law and Public Safety
]
commission
or the agency or instrumentality of the State that may process certificates of
ownership, registrations
,
and associated functions shall not incur any
personal liability in carrying out the provisions of this section or in
furnishing any information provided herein from the records of the State.
(cf: P.L.1984, c.152, s.15)
���� 4.��� Section 18 of P.L.1984,
c.152 (C.12:7A-18) is amended to read as follows:
���� 18.� a.� If the title papers
or certificate of ownership are defective or improper, or if the marine
equipment was purchased and its sale consummated in another state or country,
in accordance with the laws of the state or country regulating the sale of
marine equipment and not made for the purpose of evading the provisions of this
act, the owner of the marine equipment may apply to the
[
director
]
chief
administrator
to correct the defects, or permit the title papers to be
received.
���� b.��� The
[
director
]
chief
administrator
, upon whatever proof as
[
he
]
the chief
administrator
requires showing that it is just and equitable that the
defects should be corrected or that the title papers or certificate of
ownership should be received, with or without hearing, shall determine the
truth and merits of the application and whether the holder appears to be the
bona fide owner of the marine equipment, and may issue
[
his
]
a
certificate correcting the defects or permitting the title papers or
certificate of ownership to be so recorded and filed.� The person submitting
the papers shall pay a fee
of $20
to the
[
director
]
chief
administrator
for the issuing and filing of the certificate.
���� c.���� The
[
director
]
chief
administrator
may promulgate regulations supplementing this section,
prescribing a procedure for the issuance of a certificate of ownership to a
purchaser who purchased marine equipment in a state or jurisdiction that does
not require or issue title papers.
���� d.��� Before issuing a
certificate the
[
director
]
chief
administrator
may require the person to advertise in a newspaper having a
general circulation in the county where
[
he
]
the person
resides, or where the marine equipment is located, or both, for the space of
two weeks, at least once a week, a notice briefly stating that the person has
applied to the
[
director
]
chief
administrator
to correct defects in the marine equipment title papers or
receive title papers out of time, or as the case may be, giving a description
of the marine equipment as provided by regulation, and that if anyone desires
to be heard in opposition thereto
[
he
]
the person
may do so by appearing before the
[
director
]
chief
administrator
or
[
his
]
the chief
administrator's
designee on a date and at a place named, or communicating
with the
[
director
]
chief
administrator
or
[
his
]
the chief
administrator�s
designee prior thereto.� The applicant shall also serve
like notice on local police, both where the applicant resides and where the
marine equipment is located, the State Marine Police Force, and any other
person or agency as prescribed by the
[
director
]
chief
administrator
.� The notice shall be made personally or by certified mail.
Proofs of the publication and service shall be submitted to the
[
director
]
chief
administrator
.� The
[
director
]
chief
administrator
,
[
his
]
the chief
administrator's
agent, or inspector may have the notice advertised or
served at the cost and expense of the applicant.
(cf: P.L.1984, c.152, s.18)
���� 5.��� Section 28 of P.L.1984,
c.152 (C.12:7A-28) is amended to read as follows:
���� 28.��� a.� The
[
director
]
New Jersey
Motor Vehicle Commission
is authorized to adopt, pursuant to law,
regulations to implement the provisions of this act.� The
[
director
]
commission
shall, to the maximum extent practicable and feasible, adopt regulations
similar to those adopted for implementation of chapter 10 of Title 39 of the
Revised Statutes.
���� b.��� The
[
director
]
commission
may adopt regulations regarding stop sale, stop use or stop movement orders in
lieu of seizure, whether actual or constructive, of marine equipment that does
not conform to the provisions of this act or any regulations adopted pursuant
to this act.
���� c.����
[
The director
]
Unless
such fees have set by law, the commission
shall adopt, and may amend, rules
providing a schedule of reasonable fees similar to those adopted for
implementation of chapter 10 of Title 39 of the Revised Statutes, to the
maximum extent practicable and feasible, to defray the administrative costs of
issuing certificates of ownership, providing copies and duplicates of
certificates, and filing certificates, as provided for by sections 12, 13, 15
and 18 of
[
this
act
]
P.L.1984,
c.152
.
���� d.��� All rules and
regulations for the implementation of this act shall be adopted by the
[
director
]
commission
pursuant to the provisions of the "Administrative Procedure Act,"
P.L.1968, c. 410 (C. 52:14B-1 et seq.).
(cf: P.L.1984, c.152, s.28)
���� 6.��� Section 16 of P.L.2007,
c.335 (C.39:2A-36.1) is amended to read as follows:
���� 16.� a. On and after the
effective date of P.L.2007, c.335 (C.39:2A-36.1 et al.), the board may, by
regulation adopted pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.), increase fees and surcharges collected
pursuant to the following statutes, notwithstanding any law, rule, or
regulation to the contrary:
���� Section 4 of P.L.1995, c.401
(C.12:7-73); section 24 of P.L.1984, c.152 (C.12:7A-24); section 28 of
P.L.1984, c.152 (C.12:7A-28); section 1 of P.L.1983, c.65 (C.17:29A-33);
section 6 of P.L.1983, c.65 (C.17:29A-35); section 9 of P.L.1998, c.108
(C.27:5F-42); R.S.39:2-10; section 1 of P.L.1969, c.301 (C.39:3-4b); section 2
of P.L.1969, c.301 (C.39:3-4c); section 2 of P.L.1968, c.439 (C.39:3-8.1);
section 1 of P.L.1992, c.87 (C.39:3-8.2); section 23 of P.L.1975, c.180
(C.39:3-10a); section 1 of P.L.1977, c.23 (C.39:3-10b); section 1 of P.L.1979,
c.261 (C.39:3-10f); section 22 of P.L.1990, c.103 (C.39:3-10.30);
[
R.S.39:3-13;
]
R.S.39:3-18;
R.S.39:3-19; section 2 of P.L.1974, c.162 (C.39:3-19.2); section 12 of
P.L.1979, c.224 (C.39:3-19.5);
[
R.S.39:3-20;
]
section 1 of
P.L.1973, c.319 (C.39:3-20.1);
[
R.S.39:3-21;
]
R.S.39:3-24;
R.S.39:3-25; R.S.39:3-26; section 2 of P.L.1964, c.195 (C.39:3-27.4); section 2
of P.L.1968, c.247 (C.39:3-27.6); section 2 of P.L.1977, c.369 (C.39:3-27.9);
section 2 of P.L.1979, c.457 (C.39:3-27.16); section 2 of P.L.1981, c.139
(C.39:3-27.19); R.S.39:3-28; R.S.39:3-30; R.S.39:3-31; section 1 of P.L.1961,
c.77 (C.39:3-31.1); R.S.39:3-32; section 1 of P.L.1999, c.192 (C.39:3-33a);
section 1 of P.L.2001, c.35 (C.39:3-33b); section 2 of P.L.1959, c.56
(C.39:3-33.4); section 4 of P.L.1959, c.56 (C.39:3-33.6); R.S.39:3-36; section
1 of P.L.1979, c.314 (C.39:3-54.14); section 2 of P.L.1999, c.308
(C.39:3-75.2); R.S.39:3-84; section 2 of P.L.1999, c.396 (C.39:3-84.7); section
3 of P.L.1973, c.307 (C.39:3C-3); section 10 of P.L.1983, c.105 (C.39:4-14.3j);
section 23 of P.L.1983, c.105 (C.39:4-14.3w); R.S.39:4-26; R.S.39:4-30; section
11 of P.L.1985, c.14 (C.39:4-139.12); section 1 of P.L.1972, c.38
(C.39:5-30.4); section 31 of P.L.1994, c.60 (C.39:5-36.1); section 20 of
P.L.1952, c.173 (C.39:6-42); section 2 of P.L.1983, c.141 (C.39:6B-3);
R.S.39:7-3; section 3 of P.L.1975, c.156 (C.39:8-11); section 8 of P.L.1975,
c.156 (C.39:8-16); section 9 of P.L.1975, c.156 (C.39:8-17); section 15 of
P.L.1975, c.156 (C.39:8-23); section 5 of P.L.1995, c.112 (C.39:8-45); section
7 of P.L.1995, c.112 (C.39:8-47); section 12 of P.L.1995, c.112 (C.39:8-52);
section 11 of P.L.1995, c.157 (C.39:8-69); section 13 of P.L.1995, c.112
(C.39:8-53); section 14 of P.L.1995, c.112 (C.39:8-54);
[
R.S.39:10-11;
R.S.39:10-12; R.S.39:10-14; R.S.39:10-16;
]
R.S.39:10-19; R.S.39:10-25; section 5 of P.L.1983, c.323 (C.39:10-35); section
8 of P.L.1983, c.455 (C.39:10A-15); R.S.39:11-8; section 2 of P.L.1951, c.216
(C.39:12-2); section 5 of P.L.1951, c.216 (C.39:12-5); and section 2 of
P.L.1983, c.360 (C.39:13-2).
���� b.��� (1) In determining an
appropriate increase of any fee or surcharge pursuant to subsection a. of this
section, the board shall consider at least the following factors: (a) the year
in which the fee or surcharge was last increased; (b) the actual costs to the
State of New Jersey for administering any transaction, process, filing,
registration, inspection, audit, or any license, permit, or other document
issuance, for which the fee or surcharge is collected; and (c) the annual
percentage increase in the Consumer Price Index or other similar relevant
index.
���� No fee or surcharge set forth
in this section shall be increased by regulation more than once during any
five-year period, and no such fee or surcharge shall be increased beyond an
amount that exceeds the actual costs to the State of New Jersey for administering
any transaction, process, filing, registration, inspection, audit, or any
license, permit, or other document issuance, for which the fee or surcharge is
collected.
���� (2)�� All increases in a fee
or surcharge after the first increase shall also be subject to the following
limitation: the increase shall not exceed the cumulative annual percentage
increase in the Consumer Price Index for the five fiscal years prior to the date
of the proposed subsequent increase.
���� (3)�� All increases in fees or
surcharges imposed by regulation proposed to be adopted in a calendar year
shall be consolidated in one single regulatory proposal in that calendar year.
���� (4)�� As used in this section,
the "Consumer Price Index" means the consumer price index for all
urban consumers in the New York City and Philadelphia areas as reported by the
Department of Labor or successor index.
���� c.���� Pursuant to subsection
b. of section 105 of P.L.2003, c.13 (C.39:2A-36), 100 percent of the increased
revenues collected from such increase shall be remitted to the commission.
(cf: P.L.2007, c.335, s.16)
���� 7.��� (New section)� a.� Any
regulations adopted by the board pursuant to section 16 of P.L.2007, c.335
(C.39:2A-36.1) prior to the effective date of P.L.��� , c.�� (C.����� )(pending
before the Legislature as this bill) increasing fees collected pursuant to R.S.39:3-13,
R.S.39:3-20, R.S.39:3-21, R.S.39:10-11, R.S.39:10-12, R.S.39:10-14
,
and
R.S.39:10-16 are hereby rescinded.
���� b.��� The board is directed to
rescind regulations adopted after March
5, 2009 and prior to the effective date of
P.L. , c. (C. )(pending
before the Legislature as this bill) increasing fees under N.J.A.C.13:82-9.1.
���� c.���� All revenues collected
from fees increased pursuant to regulations rescinded under subsection a. or b.
of this section shall be refunded to the person who paid the fees.
���� 8.��� This act shall take
effect immediately.
STATEMENT
���� This bill removes the power of
the board of the New Jersey Motor Vehicle Commission to increase fees by
regulation in regard to: R.S.39:3-13 (fees for permits and articulated vehicle
endorsements); R.S.39:3-20 (fees for registration of commercial motor vehicles
based on weight); R.S.39:3-21 (motorcycle registration fee); R.S.39:10-11
(motor vehicle certificate of ownership fees); R.S.39:10-12 (duplicate
certificate of ownership fee); R.S.39:10-14 (fees for lien or change of title
search); and R.S.39:10-16 (fee for corrected certificate of ownership).� The
bill amends existing law to set by statute the amount of certain boating
certificate of ownership fees rather than to let the fees be established by
regulation.� The fees are established at the current rates.� The bill also
rescinds or requires the rescinding of any regulations increasing the above
mentioned fees adopted by the board of the commission before the date this bill
becomes law.� This bill is in response to a rule proposal (41 N.J.R.862(a)) by
the Motor Vehicle Commission to adopt regulations to increase fees in the
above-mentioned areas.� Of particular concern is the proposal to increase the
fee for motorcycle registration from $10 to $65 (a more than 600% increase) and
the fee for motor vehicle and boat certificates of ownership from $20 to $60 (a
300% increase).