NJSA 39:2A-11 through NJSA 39:2A-29
NJSA 39:2A-11
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.
NJSA 39:2A-12
39:2A-12 Membership of commission.
12. a. The commission shall consist of the following eight members:
(1) The Commissioner of Transportation, who shall serve as an ex officio voting member;
(2) The State Attorney General, who shall serve as an ex officio voting member;
(3) The Chair of the commission who shall be a nonvoting member. The Chair shall be appointed by the Governor with the advice and consent of the Senate. The Chair shall serve at the pleasure of the Governor during the Governor's term of office, and shall receive such salary as shall be fixed by the Governor which is not greater than the salary of a cabinet-level official of the State. Prior to nomination, the Governor shall cause the Attorney General to conduct an inquiry into the nominee's background, financial stability, integrity and responsibility and reputation for good character, honesty and integrity. The person appointed and serving as Chair shall also be Chief Administrator of the commission and shall devote full time to the performance of his duties. The Chief Administrator shall be in the State unclassified service.
Notwithstanding the provisions of this section to the contrary, the person in office as the Director of the Division of Motor Vehicles in the Department of Transportation on the effective date of this section shall be the first Chair of the commission without the further requirement of the advice and consent of the Senate and shall also be the first Chief Administrator of the commission;
(4) The State Treasurer, who shall serve as an ex officio voting member; and
(5) Four public members who shall be appointed by the Governor with the advice and consent of the Senate, not more than two of whom shall be of the same political party. The public members shall be voting members and serve for a term of four years. These members shall be New Jersey residents who shall provide appropriate geographic representation from throughout the State and who shall have experience and familiarity with public safety, customer service, security, or business operations. At least one member shall reside in a northern county (Bergen, Essex, Hudson, Morris, Passaic, Union, Sussex and Warren ), at least one member shall reside in a central county (Hunterdon, Mercer, Middlesex, Monmouth and Somerset), and at least one member shall reside in a southern county (Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean and Salem).
b. Initial appointments of public members to the commission shall be for terms as follows: one member for four years, one member for three years, one member for two years, and one member for one year. After the initial appointments, all public members shall be appointed for terms of four years; and may be appointed for any number of successive terms. A member's term shall be deemed to commence on January 1 of the year in which the member is appointed. The commission may elect a secretary and a treasurer, who need not be members, and the same person may be elected to serve both as secretary and treasurer.
c. Each ex officio member of the commission may designate two employees of the member's department or agency, who may represent the member at meetings of the commission. A designee may lawfully vote and otherwise act on behalf of the member. The designation shall be in writing delivered to the commission and shall continue in effect until revoked or amended by writing delivered to the commission.
d. Each public member shall continue in office after the expiration of the member's term until a successor is appointed and qualified. The successor shall be appointed in like manner for the unexpired term only.
e. A vacancy in the membership of the commission occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.
L.2003,c.13,s.12.
NJSA 39:2A-13
39:2A-13 Powers, duties of commission.
13. a. In addition to any powers and duties conferred upon it elsewhere in this act, the commission shall be authorized to:
(1) Make, amend and repeal bylaws not inconsistent with State and federal law;
(2) Adopt an official seal;
(3) Maintain an office at such place or places within the State as it may designate;
(4) Apply for and accept grants from the State or federal government, or any agency thereof, or grants, gifts or other contributions from any foundation, corporation, association or individual, or any private source, and comply with the terms, conditions and limitations thereof, as necessary and proper to carry out the purposes of this act;
(5) Delegate to the administrator and any other officers of the commission such powers and duties as necessary and proper to carry out the purposes of this act;
(6) Operate, lease, license or contract in such manner as to produce revenue for the commission, as provided in this act;
(7) Accept and use any funds available to the commission;
(8) Enter into agreements or contracts to pay for services rendered from any public or private entity, and receive payment for services rendered to any public or private entity; and
(9) Enter into agreements or contracts, execute any and all instruments, and do and perform acts or things necessary, convenient or desirable for the purposes of the commission, or to carry out any power expressly or implicitly given in this act.
b. The commission is further authorized to:
(1) Review and approve a statement of the vision, mission, and goals of the commission, as submitted by the administrator;
(2) Review and approve the strategic business plan of the commission which shall include the commission's long-term objectives, policies, and programs, including a facilities improvement and management plan and a table of organization, as submitted by the administrator;
(3) Review and approve the annual budget of the commission as submitted by the administrator and ensure that projected revenues and service charges are sufficient to adequately fund the commission both in the short and long-term;
(4) Receive reports and recommendations from the Advisory Councils created pursuant to this act and provide policy direction related thereto to the administrator;
(5) Review and recommend all capital purchases and construction projects undertaken by the commission;
(6) Review any proposed bill, joint resolution or concurrent resolution introduced in either House of the Legislature which establishes or modifies any motor vehicle statute or regulation in this State. Such a review shall include, but not be limited to, an analysis of the fiscal impact of the bill or resolution on the commission and any comments upon or recommendations concerning the legislation including rejection, modification or approval. Additionally, the commission shall suggest alternatives to the legislation which it deems may be appropriate; and
(7) Recommend to the Governor and the Legislature any statutory changes it deems appropriate, including, but not limited to, any revisions to fees or service charges or changes to programs, in order to insure the proper functioning and operation of the commission.
c. Except as provided in this section and section 21 of this act, all administrative functions, powers and duties of the commission may be exercised by the administrator and any reference to the commission in any law, rule or regulation may for this purpose be deemed to refer to the administrator.
L.2003,c.13,s.13.
NJSA 39:2A-14
39:2A-14 Election of Vice-Chair.
14. The commission shall elect annually, by a majority of the full membership of the commission, 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 commission during the Chair's absence, disqualification, or inability to serve.
L.2003,c.13,s.14.
NJSA 39:2A-15
39:2A-15 Member compensation.
15. Members other than those serving ex officio shall serve without compensation, but the commission shall reimburse commission members for actual expenses necessarily incurred in the discharge of their duties.
L.2003,c.13,s.15.
NJSA 39:2A-16
39:2A-16 Meetings of commission.
16. a. The commission shall meet monthly or at more frequent times at the discretion of the Chair or as a majority of the commission shall decide. Meetings of the commission 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 "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 commission shall take all necessary steps to ensure that all interested persons are given adequate notice of commission meetings and the agenda of such meetings, through the utilization of media engaged in the dissemination of information.
d. The powers of the commission shall be vested in the members thereof. Four members of the commission shall constitute a quorum at any meeting. Actions may be taken and motions and resolutions adopted by the commission by the affirmative vote of at least four members. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.
L.2003,c.13,s.16.
NJSA 39:2A-17
39:2A-17 Minutes delivered to Governor, effect of veto.
17. A true copy of the minutes of every meeting of the commission shall be delivered by and under the certification of the secretary of the commission, 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 commission or any member, the action shall be null and void and of no effect.
L.2003,c.13,s.17.
NJSA 39:2A-18
39:2A-18 members subject to Conflict of Interest Law.
18. Members of the commission 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.
NJSA 39:2A-19
39:2A-19 Removal of member.
19. Each appointed member of the commission 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 commission 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.
NJSA 39:2A-20
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.
NJSA 39:2A-21
39:2A-21 Rules, regulations.
21. The commission 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 commission or in accordance with any other law.
L.2003,c.13,s.21.
NJSA 39:2A-22
39:2A-22 Annual report to Governor and Legislature.
22. a. On or before September 30 of each year, the commission shall file with the Governor and the presiding officer of each House of the Legislature a report setting forth the operational, capital and financial expenditures of the previous year, the operational, capital and financial plan, and the table of organization and staffing plan, for the current year and a proposed operational, capital and financial plan for the next ensuing year. The report may include recommendations for revisions to fees or service charges which the commission deems appropriate.
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.
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. On or before September 30 and March 30 of each year, the commission shall file with the Governor and the presiding officer of each House of the Legislature a report providing an assessment of the quality of service provided by the commission and a description of any security improvements made by the commission in the prior six-month period and those anticipated in the current six-month period.
To the extent practicable, the report also shall include data setting forth in detail the number of transactions annually performed at each commission agency or facility and by other means including, but not limited to, electronic transactions. This portion of the report also shall disclose, to the extent practicable, the average waiting time to process a transaction at each commission agency or facility and, where applicable, through other means. If the commission determines that it is not able to ascertain these data for inclusion in the six-month report, the report shall set forth the reasons the data could not be included and provide a date by which the commission reasonably estimates that it will be able to provide these data.
In addition, the report shall include the number of criminal complaints filed against any commission employee or any other person, in connection with commission related activity. Complaints which are determined to be unfounded shall not be included. The report shall set forth the various crimes and offenses for which complaints were filed against any commission employee or in connection with any commission activity.
L.2003,c.13,s.22.
NJSA 39:2A-23
39:2A-23 Immunity from liability.
23. Members, 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 commission 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.
NJSA 39:2A-24
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.
NJSA 39:2A-25
39:2A-25 Legal representation.
25. The Attorney General shall provide legal representation to the commission and its employees to the same extent as representation is provided to other State agencies and their employees.
L.2003,c.13,s.25.
NJSA 39:2A-26
39:2A-26 Advisory councils.
26. There are created within the commission five advisory councils, which shall provide the commission with advice, technical expertise, information, guidance, and recommendations in four general areas. The commission shall designate the appropriate State and local government representatives, interest group representatives, technical experts, and constituent representatives as appropriate to serve on the councils, with no council having more than five members. Federal government representatives and representatives of national organizations shall be asked to serve, and if willing, shall be designated by the commission to serve. All council members shall be designated by commission action and shall serve on rotating terms so as to provide stability and continuity on each council. The Chair, or the Chair's designee, shall serve on each council. The councils shall meet and report to the commission monthly, or as frequently as the commission requests. The councils are as follows:
a. The Safety Advisory Council, which shall advise the commission regarding its policies, operating practices, regulations and standards in regard to driver, motor vehicle and traffic safety and consider new initiatives or legislation to enhance the safety of the motoring public.
b. The Customer Service Advisory Council, which shall advise the commission regarding its policies, operating practices, employee communications, regulations, and standards in providing appropriate customer service. The council shall: examine benchmarking performance and level of service standards for the Telephone Center; examine internal communications to ensure consistency and systematic application; make recommendations regarding marketing and the dissemination of information to the public to re-establish a robust marketing and public information program which informs and educates public consumers; and advise on all aspects of customer service at the commission.
c. The Security and Privacy Advisory Council, which shall: advise the commission as to how to effectively maintain its system and business processes in the securest manner; help it to address its most serious security breaches; advise as to new or modified programs needed to achieve heightened security; 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. The Business Advisory Council, which shall advise the commission on improvements in the commission's business practices which affect its public and private partners, regulated entities, interest groups, businesses, and constituents in providing motor vehicle services.
e. The Technology Advisory Council, which shall advise the commission on the latest and best technological services and equipment to ensure continued modernization of the commission's facilities, equipment, operations, security, and customer service.
L.2003,c.13,s.26.
NJSA 39:2A-27
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.
NJSA 39:2A-28
39:2A-28 Powers, duties of administrator.
28. In addition to any powers and duties otherwise imposed by this act, the administrator shall have general responsibility for the implementation of this act, 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 this act 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 commission;
h. Prepare annually, a strategic business plan and submit it to the commission, 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 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 this act 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; and
n. Perform such other functions as may be prescribed in this act or by any other law or by the commission.
L.2003,c.13,s.28.
NJSA39:2A-29
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.
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.
NJSA 39:2A-12
39:2A-12 Membership of commission.
12. a. The commission shall consist of the following eight members:
(1) The Commissioner of Transportation, who shall serve as an ex officio voting member;
(2) The State Attorney General, who shall serve as an ex officio voting member;
(3) The Chair of the commission who shall be a nonvoting member. The Chair shall be appointed by the Governor with the advice and consent of the Senate. The Chair shall serve at the pleasure of the Governor during the Governor's term of office, and shall receive such salary as shall be fixed by the Governor which is not greater than the salary of a cabinet-level official of the State. Prior to nomination, the Governor shall cause the Attorney General to conduct an inquiry into the nominee's background, financial stability, integrity and responsibility and reputation for good character, honesty and integrity. The person appointed and serving as Chair shall also be Chief Administrator of the commission and shall devote full time to the performance of his duties. The Chief Administrator shall be in the State unclassified service.
Notwithstanding the provisions of this section to the contrary, the person in office as the Director of the Division of Motor Vehicles in the Department of Transportation on the effective date of this section shall be the first Chair of the commission without the further requirement of the advice and consent of the Senate and shall also be the first Chief Administrator of the commission;
(4) The State Treasurer, who shall serve as an ex officio voting member; and
(5) Four public members who shall be appointed by the Governor with the advice and consent of the Senate, not more than two of whom shall be of the same political party. The public members shall be voting members and serve for a term of four years. These members shall be New Jersey residents who shall provide appropriate geographic representation from throughout the State and who shall have experience and familiarity with public safety, customer service, security, or business operations. At least one member shall reside in a northern county (Bergen, Essex, Hudson, Morris, Passaic, Union, Sussex and Warren ), at least one member shall reside in a central county (Hunterdon, Mercer, Middlesex, Monmouth and Somerset), and at least one member shall reside in a southern county (Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean and Salem).
b. Initial appointments of public members to the commission shall be for terms as follows: one member for four years, one member for three years, one member for two years, and one member for one year. After the initial appointments, all public members shall be appointed for terms of four years; and may be appointed for any number of successive terms. A member's term shall be deemed to commence on January 1 of the year in which the member is appointed. The commission may elect a secretary and a treasurer, who need not be members, and the same person may be elected to serve both as secretary and treasurer.
c. Each ex officio member of the commission may designate two employees of the member's department or agency, who may represent the member at meetings of the commission. A designee may lawfully vote and otherwise act on behalf of the member. The designation shall be in writing delivered to the commission and shall continue in effect until revoked or amended by writing delivered to the commission.
d. Each public member shall continue in office after the expiration of the member's term until a successor is appointed and qualified. The successor shall be appointed in like manner for the unexpired term only.
e. A vacancy in the membership of the commission occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.
L.2003,c.13,s.12.
NJSA 39:2A-13
39:2A-13 Powers, duties of commission.
13. a. In addition to any powers and duties conferred upon it elsewhere in this act, the commission shall be authorized to:
(1) Make, amend and repeal bylaws not inconsistent with State and federal law;
(2) Adopt an official seal;
(3) Maintain an office at such place or places within the State as it may designate;
(4) Apply for and accept grants from the State or federal government, or any agency thereof, or grants, gifts or other contributions from any foundation, corporation, association or individual, or any private source, and comply with the terms, conditions and limitations thereof, as necessary and proper to carry out the purposes of this act;
(5) Delegate to the administrator and any other officers of the commission such powers and duties as necessary and proper to carry out the purposes of this act;
(6) Operate, lease, license or contract in such manner as to produce revenue for the commission, as provided in this act;
(7) Accept and use any funds available to the commission;
(8) Enter into agreements or contracts to pay for services rendered from any public or private entity, and receive payment for services rendered to any public or private entity; and
(9) Enter into agreements or contracts, execute any and all instruments, and do and perform acts or things necessary, convenient or desirable for the purposes of the commission, or to carry out any power expressly or implicitly given in this act.
b. The commission is further authorized to:
(1) Review and approve a statement of the vision, mission, and goals of the commission, as submitted by the administrator;
(2) Review and approve the strategic business plan of the commission which shall include the commission's long-term objectives, policies, and programs, including a facilities improvement and management plan and a table of organization, as submitted by the administrator;
(3) Review and approve the annual budget of the commission as submitted by the administrator and ensure that projected revenues and service charges are sufficient to adequately fund the commission both in the short and long-term;
(4) Receive reports and recommendations from the Advisory Councils created pursuant to this act and provide policy direction related thereto to the administrator;
(5) Review and recommend all capital purchases and construction projects undertaken by the commission;
(6) Review any proposed bill, joint resolution or concurrent resolution introduced in either House of the Legislature which establishes or modifies any motor vehicle statute or regulation in this State. Such a review shall include, but not be limited to, an analysis of the fiscal impact of the bill or resolution on the commission and any comments upon or recommendations concerning the legislation including rejection, modification or approval. Additionally, the commission shall suggest alternatives to the legislation which it deems may be appropriate; and
(7) Recommend to the Governor and the Legislature any statutory changes it deems appropriate, including, but not limited to, any revisions to fees or service charges or changes to programs, in order to insure the proper functioning and operation of the commission.
c. Except as provided in this section and section 21 of this act, all administrative functions, powers and duties of the commission may be exercised by the administrator and any reference to the commission in any law, rule or regulation may for this purpose be deemed to refer to the administrator.
L.2003,c.13,s.13.
NJSA 39:2A-14
39:2A-14 Election of Vice-Chair.
14. The commission shall elect annually, by a majority of the full membership of the commission, 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 commission during the Chair's absence, disqualification, or inability to serve.
L.2003,c.13,s.14.
NJSA 39:2A-15
39:2A-15 Member compensation.
15. Members other than those serving ex officio shall serve without compensation, but the commission shall reimburse commission members for actual expenses necessarily incurred in the discharge of their duties.
L.2003,c.13,s.15.
NJSA 39:2A-16
39:2A-16 Meetings of commission.
16. a. The commission shall meet monthly or at more frequent times at the discretion of the Chair or as a majority of the commission shall decide. Meetings of the commission 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 "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 commission shall take all necessary steps to ensure that all interested persons are given adequate notice of commission meetings and the agenda of such meetings, through the utilization of media engaged in the dissemination of information.
d. The powers of the commission shall be vested in the members thereof. Four members of the commission shall constitute a quorum at any meeting. Actions may be taken and motions and resolutions adopted by the commission by the affirmative vote of at least four members. No vacancy in the membership of the commission shall impair the right of a quorum to exercise all the rights and perform all the duties of the commission.
L.2003,c.13,s.16.
NJSA 39:2A-17
39:2A-17 Minutes delivered to Governor, effect of veto.
17. A true copy of the minutes of every meeting of the commission shall be delivered by and under the certification of the secretary of the commission, 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 commission or any member, the action shall be null and void and of no effect.
L.2003,c.13,s.17.
NJSA 39:2A-18
39:2A-18 members subject to Conflict of Interest Law.
18. Members of the commission 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.
NJSA 39:2A-19
39:2A-19 Removal of member.
19. Each appointed member of the commission 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 commission 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.
NJSA 39:2A-20
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.
NJSA 39:2A-21
39:2A-21 Rules, regulations.
21. The commission 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 commission or in accordance with any other law.
L.2003,c.13,s.21.
NJSA 39:2A-22
39:2A-22 Annual report to Governor and Legislature.
22. a. On or before September 30 of each year, the commission shall file with the Governor and the presiding officer of each House of the Legislature a report setting forth the operational, capital and financial expenditures of the previous year, the operational, capital and financial plan, and the table of organization and staffing plan, for the current year and a proposed operational, capital and financial plan for the next ensuing year. The report may include recommendations for revisions to fees or service charges which the commission deems appropriate.
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.
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. On or before September 30 and March 30 of each year, the commission shall file with the Governor and the presiding officer of each House of the Legislature a report providing an assessment of the quality of service provided by the commission and a description of any security improvements made by the commission in the prior six-month period and those anticipated in the current six-month period.
To the extent practicable, the report also shall include data setting forth in detail the number of transactions annually performed at each commission agency or facility and by other means including, but not limited to, electronic transactions. This portion of the report also shall disclose, to the extent practicable, the average waiting time to process a transaction at each commission agency or facility and, where applicable, through other means. If the commission determines that it is not able to ascertain these data for inclusion in the six-month report, the report shall set forth the reasons the data could not be included and provide a date by which the commission reasonably estimates that it will be able to provide these data.
In addition, the report shall include the number of criminal complaints filed against any commission employee or any other person, in connection with commission related activity. Complaints which are determined to be unfounded shall not be included. The report shall set forth the various crimes and offenses for which complaints were filed against any commission employee or in connection with any commission activity.
L.2003,c.13,s.22.
NJSA 39:2A-23
39:2A-23 Immunity from liability.
23. Members, 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 commission 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.
NJSA 39:2A-24
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.
NJSA 39:2A-25
39:2A-25 Legal representation.
25. The Attorney General shall provide legal representation to the commission and its employees to the same extent as representation is provided to other State agencies and their employees.
L.2003,c.13,s.25.
NJSA 39:2A-26
39:2A-26 Advisory councils.
26. There are created within the commission five advisory councils, which shall provide the commission with advice, technical expertise, information, guidance, and recommendations in four general areas. The commission shall designate the appropriate State and local government representatives, interest group representatives, technical experts, and constituent representatives as appropriate to serve on the councils, with no council having more than five members. Federal government representatives and representatives of national organizations shall be asked to serve, and if willing, shall be designated by the commission to serve. All council members shall be designated by commission action and shall serve on rotating terms so as to provide stability and continuity on each council. The Chair, or the Chair's designee, shall serve on each council. The councils shall meet and report to the commission monthly, or as frequently as the commission requests. The councils are as follows:
a. The Safety Advisory Council, which shall advise the commission regarding its policies, operating practices, regulations and standards in regard to driver, motor vehicle and traffic safety and consider new initiatives or legislation to enhance the safety of the motoring public.
b. The Customer Service Advisory Council, which shall advise the commission regarding its policies, operating practices, employee communications, regulations, and standards in providing appropriate customer service. The council shall: examine benchmarking performance and level of service standards for the Telephone Center; examine internal communications to ensure consistency and systematic application; make recommendations regarding marketing and the dissemination of information to the public to re-establish a robust marketing and public information program which informs and educates public consumers; and advise on all aspects of customer service at the commission.
c. The Security and Privacy Advisory Council, which shall: advise the commission as to how to effectively maintain its system and business processes in the securest manner; help it to address its most serious security breaches; advise as to new or modified programs needed to achieve heightened security; 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. The Business Advisory Council, which shall advise the commission on improvements in the commission's business practices which affect its public and private partners, regulated entities, interest groups, businesses, and constituents in providing motor vehicle services.
e. The Technology Advisory Council, which shall advise the commission on the latest and best technological services and equipment to ensure continued modernization of the commission's facilities, equipment, operations, security, and customer service.
L.2003,c.13,s.26.
NJSA 39:2A-27
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.
NJSA 39:2A-28
39:2A-28 Powers, duties of administrator.
28. In addition to any powers and duties otherwise imposed by this act, the administrator shall have general responsibility for the implementation of this act, 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 this act 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 commission;
h. Prepare annually, a strategic business plan and submit it to the commission, 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 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 this act 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; and
n. Perform such other functions as may be prescribed in this act or by any other law or by the commission.
L.2003,c.13,s.28.
NJSA39:2A-29
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.
