SENATE LEGISLATIVE OVERSIGHT COMMITTEE

STATEMENT TO

SENATE CONCURRENT RESOLUTION No. 74

STATE OF NEW JERSEY

DATED: JUNE 3, 1996

      The Senate Legislative Oversight Committee reports favorably Senate Concurrent Resolution No.74.

      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."

      Pursuant to Article V, Section IV, paragraph 6 of the State Consitution, the Division of Motor Vehicles shall have 30 days to amend or withdraw its regulation or the Legislature may, by the enactment of another concurrent resolution, invalidate that regulation in whole or in part.