S740

An Act to provide for the submission to the voters of the State of a nonbinding referendum concerning the adoption of an enhanced inspection and maintenance program for motor vehicles as required by the federal "Clean Air Act," and making an appropriation.

1. In order to ascertain the sentiment of the people of this State as to whether the Legislature should enact legislation establishing an enhanced inspection and maintenance program, as is required by the federal "Clean Air Act Amendments of 1990," the public question set forth in section 2 of this act shall be submitted to the people at the general election next occurring at least 70 days following the final action of the Governor or the Legislature, as appropriate, necessary to submit the question, in the manner provided by this act and by the State Constitution and Title 19 of the Revised Statutes for the submission to the people of public questions to be voted upon by the voters of the entire State. It shall be the duty of the Secretary of State to arrange for the submission of the public question in accordance with the provisions of this act, the State Constitution, and Title 19 of the Revised Statutes, of which submission the same notice shall be given, if possible, as is required by law of that election, and the people of the State may at that election vote for or against the question in the following manner.

2. There shall be included on each sample and official ballot the instructions set forth below on voting on the nonbinding referendum:

If you approve of the question printed below, make a cross (x), plus (+), or check (•) mark in the square opposite the word "Yes."

If you disapprove of the question printed below, make a cross (x), plus (+), or check (•) mark in the square opposite the word "No."

If voting machines are used, a vote of "Yes" or "No" shall be the equivalent to the markings, respectively.

		FEDERALLY REQUIRED ENHANCED EMISSION TESTING FOR MOTOR VEHICLES
	YES	Do you support the Legislature establishing an enhanced motor vehicle emission testing program, which will cost an estimated $20 to $30 per inspection and which requires the failure of at least 30 percent of pre-1981 motor vehicles and the expenditure of up to $520 on repairs before a vehicle failing the emission test can qualify for an exemption, when failure to establish this program will put the State at risk of losing up to $535 million in federal transportation project funding?
		INTERPRETIVE STATEMENT
	NO	This nonbinding public question would provide the State Legislature with an assessment of the sentiment of the voters of this State as to whether the Legislature should establish the more stringent motor vehicle emission testing program that is required by the federal "Clean Air Act." Failure to establish this program will put the State at risk of losing up to $535 million in federal transportation project funding. If the State does establish the testing program, the federal government is requiring that 30 percent of pre-1981 motor vehicles must fail, and that the owner of a failed vehicle must repair the vehicle so that it can pass on reinspection or spend $520 on repairs before it can qualify for an exemption. The new inspections will cost motorists an estimated $20 to $30 per inspection.

3. The votes "Yes" and "No," by ballot or voting machine, shall be counted and the result thereof returned by the election officer, and a canvass of the election had in the same manner now as is provided for by law in the case of the election of a Governor, and the approval or disapproval of this question so determined shall be declared in the same manner as the result of an election for a Governor.

4. There is appropriated the sum of $5,000 to the Department of State for expenses in connection with the publication of notice pursuant to section 1 of this act.

This bill would provide for the submission to the voters of the State of a nonbinding referendum to ascertain their sentiment as to whether or not the Legislature should enact legislation establishing the enhanced inspection and maintenance program for motor vehicles that is required by the federal "Clean Air Act." Failure to establish this program will put the State at risk of losing up to $535 million in federal transportation project funding. However, the federal government is requiring that the inspection program fail 30 percent of pre-1981 motor vehicles, and that the owner of a failed vehicle must repair the vehicle so that it can pass on reinspection or spend $520 on repairs before it can qualify for a waiver. The enhanced inspections will cost motorists an estimated $20 to $30 per inspection.