105. a. The first $200,000,000 of fees and surcharges thereon collected pursuant to the following statutes shall be considered service charges which are revenues to be remitted to the New Jersey Motor Vehicle Commission and the remainder shall be remitted to the General Fund, provided that if the total amount of such fees and surcharges collected, as verified by the relevant fiscal year New Jersey Comprehensive Annual Financial Report, produce more or less revenue than the sum of $200,000,000 and the amount anticipated in the fiscal year 2004 Appropriations Act for those statutes, then the $200,000,000 in revenue from those service charges to the commission shall be increased or lowered proportionately:

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); R.S.39:3-8; 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); R.S.39:3-10; 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).

Proportional revenues remitted to the commission for the fiscal years beginning July 1, 2004 and thereafter shall have the same proportion as the proportional revenues remitted to the commission for the fiscal year beginning July 1, 2003, and this calculation shall not be impacted by the acceleration of revenue attributable to new passenger automobile registrations implemented pursuant to P.L.2004, c.64.

b. In addition to the proportionately increased or lowered revenue provided for in subsection a. of this section, the commission shall receive 100 percent of the revenues collected from any new service charge and 100 percent of the increased revenues collected from any existing service charge increased by law or regulation. Any new or increased service charge shall not be included in the calculation of the proportional revenue remitted to the commission.

c. In addition to the revenues provided for in subsections a. and b. of this section, all fees collected pursuant to Chapter 3 of Title 39 of the Revised Statutes required to defray the costs of the commission with respect to producing, issuing, renewing, and publicizing license plates, or related computer programming shall be considered revenues of the commission notwithstanding any other provision of law.

d. 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 by law.

L.2003, c.13, s.105; amended 2004, c.64, s.5; 2007, c.335, s.15.