SENATE CONCURRENT RESOLUTION No. 74

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 30, 1996

 

 

By Senators SCOTT, CIESLA, McNamara, Matheussen, Haines, Littell, Connors, Kyrillos, Bubba, Singer, Ewing, Martin, Bennett, La Rossa, Palaia, Inverso, Schluter, Cafiero, Bassano, Kosco, Sinagra, Cardinale, Gormley, Lesniak, Casey, Adler, O'Connors, Sacco, Zane, Girgenti, DiFrancesco and Rice

 

A Concurrent Resolution concerning the legislative review of Division of Motor Vehicle regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

 

    Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

    1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature.

 

    2. The Legislature enacted the "Federal Clean Air Mandate Compliance Act," P.L.1995, c.112 (C.39:8-41 et al.), solely to comply with federal requirements imposed by the federal "Clean Air Act Amendments of 1990," 42 U.S.C. §7403 et al. The Legislature declared in section 2 of P.L.1995, c.112 its intent that "this inspection and maintenance program shall be as consumer-friendly as possible." The Legislature further expressed its intent to comply with federal law but not exceed the requirements under federal law by providing in section 17 of P.L.1995, c.112 that the Director of the Division of Motor Vehicles, in consultation with the Department of Environmental Protection, shall adopt rules and regulations necessary to implement P.L.1995, c. 112, "or to place this State in substantial compliance with the motor vehicle emission inspection and maintenance requirements established by federal law." The Legislature finds that the confiscation of motor vehicles is the ultimate inconvenience for the motor vehicle owners in the State who are the consumers of the inspection and maintenance program, and that the implementation of P.L.1995, c.112 in such a way as to result in the confiscation of motor vehicles is not necessary to comply with the federal law.

 

    3. The Legislature authorized in P.L.1995, c.112 a registration denial system because the federal law specifically requires enforcement of the required enhanced inspection and maintenance program through the denial of vehicle registration for vehicles which do not pass the enhanced emissions test. The Division of Motor Vehicles in the Department of Transportation adopted regulations pursuant to P.L.1995, c.112, that are codified at N.J.A.C.13:20-43.1 et seq.. N.J.A.C.13:20-43.16 requires the Division of Motor Vehicles to deny or suspend the registration of a motor vehicle if the owner or lessee of the vehicle does not present the vehicle for inspection, or reinspection, within the period of time provided by the Division's notice. Although the regulations adopted pursuant to P.L.1995, c.112 do not specifically provide for the confiscation of motor vehicles, the Legislature finds that the implementation of N.J.A.C.13:20-43.16 ultimately may result in the confiscation of the motor vehicle by a State or local law enforcement official.

 

    4. The Legislature did not provide for, require, authorize or condone in P.L.1995, c.112 the confiscation of motor vehicles due to their failure to meet federally mandated emissions standards imposed by the federally mandated enhanced inspection and maintenance program, and the Legislature therefore finds that the confiscation of a motor vehicle solely due to its lack of current registration because the vehicle failed an emissions test is an enforcement decision that may be made by State or local officials pursuant to the implementation of regulations or enforcement of local ordinances that have neither been required or authorized by P.L.1995, c.112.

  

    5. The Legislature finds that because the regulations adopted pursuant to P.L.1995, c.112 and codified at N.J.A.C.13:20-43.1 et seq. do not specifically provide for the confiscation of motor vehicles but in their implementation ultimately may result in the confiscation of motor vehicles, because the federal law requires enforcement through denial of vehicle registration but does not specifically require confiscation of motor vehicles to accomplish this enforcement, and because the confiscation of motor vehicles is the ultimate inconvenience for the motor vehicle owners in the State, the regulations adopted pursuant to P.L.1995, c.112 and codified at N.J.A.C.13:20-43.1 et seq. are inconsistent with the intent of the Legislature. The Legislature further finds that N.J.A.C. 13:20-43.16 should provide specifically a prohibition against the confiscation of a motor vehicle that has been denied registration due to its failure to pass an emissions test required under the enhanced inspection and maintenance program established pursuant to P.L.1995, c.112, and any regulations adopted pursuant to P.L.1995, c.112 shall be inconsistent with the intent of the Legislature until such a prohibition is provided.


    6. The Secretary of the Senate and the Clerk of the General Assembly shall transmit a duly authenticated copy of this concurrent resolution to the Governor and the Commissioner of Transportation.

 

    7. The Commissioner of Transportation shall, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, have 30 days following the transmittal of this resolution to amend or withdraw the regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations.

 

 

STATEMENT

 

    This concurrent resolution embodies the finding of the Legislature that the regulations adopted by the Division of Motor Vehicles in the Department of Transportation and codified at N.J.A.C.13:20-43.1 et seq., are not consistent with legislative intent pursuant to Article V, Section IV, paragraph 6 of the State Constitution.

    The regulations in question may allow for the confiscation of motor vehicles that have failed emissions inspections and have suspended or revoked vehicle registrations as a result. The concurrent resolution finds these regulations inconsistent with the legislative intent of the "Federal Clean Air Mandate Compliance Act" because the law was enacted solely to comply with federal law, the federal law requires enforcement through denial of vehicle registration but does not specifically require confiscation of motor vehicles to accomplish this enforcement, and the confiscation of motor vehicles is the ultimate inconvenience for the motor vehicle owners in the State. The Legislature declared in section 2 of P.L.1995, c.112 its intent that "this inspection and maintenance program shall be as consumer-friendly as possible."

 

 

                             

 

Finds regulations adopted pursuant to the "Federal Clean Air Mandate Compliance Act" that result in the confiscation of motor vehicles inconsistent with legislative intent.