SCR171

A Concurrent Resolution declaring opposition to the federal mandate that a person’s driver’s license be suspended for committing a drug offense.

WHEREAS, 23 U.S.C. s.159(a)(1) and (2) provides for the withholding of a portion of federal highway funds from any state that does not enact a law requiring either the imposition of a driver’s license suspension on persons convicted of drug offenses or submission of written certification to opt out of this federal mandate; and

WHEREAS, Pursuant to 23 U.S.C. s.159(a)(3)(A), a state may comply with this federal mandate by enacting and enforcing a law requiring in all circumstances, or in the absence of compelling circumstances warranting an exception, a minimum six-month driver’s license revocation or suspension if the person is convicted of a violation of the Controlled Substances Act (Public Law 91-513, 84 Stat. 1236) or any drug offense, or a minimum six-month delay in the issuance or reinstatement of the driver's license if the person does not have a license or if the person’s license is revoked or suspended at the time of conviction; and

WHEREAS, In compliance with the federal mandate set forth in 23 U.S.C. s.159(a)(3)(A), N.J.S.2C:35-16 provides that a person convicted of or adjudicated delinquent for a drug offense in this State is required to forfeit the right to operate a motor vehicle over the highways of this State for six months to two years unless the court finds compelling circumstances warranting an exception; and

WHEREAS, Pursuant to 23 U.S.C. s.159(a)(3)(B), an alternative to requiring a driver’s license suspension, the Governor of a state may submit to the United States Secretary of Transportation a written certification stating that: (1) the Governor is opposed to the enactment or enforcement of a law requiring driver’s license suspension for drug offenses as set forth in 23 U.S.C. s.159(a)(3)(A); and (2) both Houses of the Legislature have adopted a resolution expressing their opposition to the enactment or enforcement of this federal mandate; and

WHEREAS, This Legislature recognizes that suspending a person’s driver’s license may be an appropriate tool to enhance rehabilitation and public safety, but the matter of driving privileges is, and always has been, a prerogative of a state and not the federal government and, therefore, this Legislature wishes to be relieved of the federal driver’s license suspension mandate; and

WHEREAS, After considering the mandates under 23 U.S.C. s.159, this Legislature finds and declares that the enactment and enforcement of a law under 23 U.S.C. s.159(a)(3)(A) may not be consistent with the State’s goal of rehabilitation as balanced with public safety concerns; and

WHEREAS, Sufficient laws to deter illegal drug activity have been enacted in this State and the State has the capability of addressing further concerns; therefore,

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

1. This House declares its opposition to the federal mandate that each state enact and enforce a law providing for the suspension or revocation, or delay in issuance or reinstatement, of the driver's license of a person convicted of a violation of the Controlled Substances Act or other drug offense.

2. This House urges the Governor to submit a written certification of the Governor's opposition to such a federal mandate, accompanied by this resolution, to the United States Secretary of Transportation.

3. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Governor of this State, the presiding officers of each house of Congress, each member of New Jersey’s Congressional delegation, and the United States Secretary of Transportation.

STATEMENT

This concurrent resolution declares opposition to the federal mandate that each state enact and enforce a law providing for the suspension or revocation, or delay in issuance or reinstatement, of the driver's license of a person convicted of a violation of the federal Controlled Substances Act or other drug offense. Pursuant to this requirement, New Jersey currently suspends the driver’s license of any person convicted of a drug offense.

The resolution also urges the Governor to submit a written certification of the Governor's opposition to such a federal mandate, accompanied by this resolution, to the United States Secretary of Transportation.

Copies of this resolution, as filed with the Secretary of State, are to be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Governor of this State, the presiding officers of each house of Congress, each member of the New Jersey Congressional delegation, and the United States Secretary of Transportation.