Chapman v. Luna
| Decision Date | 13 March 1984 |
| Docket Number | No. 14867,14867 |
| Citation | 1984 NMSC 29,678 P.2d 687,101 N.M. 59 |
| Parties | , 20 ERC 2170 John J. CHAPMAN, Troy H. Elliott and N. Altom, Petitioners-Appellants, v. Robert E. LUNA, Ph.D., Ann Hyde, Erika Jones, Jonathan Samet, Ph.D., Gary Lewis, James Montoya and Mike Creusere, as members of the Alb/Bern County Air Quality Control Board, City of Albuquerque and the Board of County Commissioners of Bernalillo, Respondents-Appellees. |
| Court | New Mexico Supreme Court |
John J. Chapman, Troy H. Elliott, and N. Altom (Petitioners) filed suit in district court seeking a declaratory judgment that the operation and enforcement of the joint Albuquerque-Bernalillo County Motor Vehicle Emissions Inspection Program (Program) is unlawful. After a non-jury trial, the district court dismissed Petitioners' complaint and entered an order upholding the Program. Petitioners appeal. We affirm in part and reverse in part.
The issues we address 1 are:
I. Whether state law prohibits the City from imposing an inspection fee for the Program.
II. Whether the Program violates equal protection standards by allowing exemptions not based on reasonable distinctions.
III. Whether the Program's criminal penalty provisions are invalid.
IV. Whether the ordinances' severability clauses should be given effect.
In 1979, the Albuquerque City Council (Council) and the Bernalillo County Commission (Commission) enacted ordinances which established prohibitions against excessive air pollutant emissions from motor vehicles in the city of Albuquerque and in Bernalillo County. The ordinances delegated the power to regulate the operation of a vehicle emissions inspection and maintenance program to the Albuquerque-Bernalillo County Air Quality Control Board (Board).
The Board, pursuant to its authority, adopted regulations for the establishment and operation of the Program. The Program requires that all private motor vehicles manufactured in 1968 and thereafter undergo an emissions inspection. Any vehicle failing the initial inspection may obtain a waiver from compliance with Board emission standards if the vehicle receives a prescribed low-emissions tune-up, or up to $75.00 worth of repairs in attempting to bring the vehicle into compliance ($75.00 Repair Provision). Upon payment of an inspection fee (Inspection Fee), the vehicle owner is given an inspection certificate (Certificate) to be displayed on the vehicle. Violation of any provision of the Program is a misdemeanor punishable by a fine of not more than $300.00 and/or not more than 90 days imprisonment for operating a registered vehicle without a Certificate.
The Program was to go into effect on December 31, 1982. Petitioners filed a petition for writ of mandamus seeking to halt operation and enforcement of the Program on statutory and constitutional grounds. The district court granted a motion for leave to intervene by Hamilton Test Systems, Inc. (Hamilton) on the basis of Hamilton's status as a party to the contract with the City of Albuquerque (City) for design and operation of the Program's test stations. On January 7, 1983, the district court ordered operation and enforcement of the Program ceased until January 17, 1983. The district court subsequently designated the action as a suit for declaratory judgment.
Petitioners argue that the imposition of the Inspection Fee constitutes the charging of fees for vehicles subject to registration under the Motor Vehicle Code, NMSA 1978, Sections 66-1-1 to 8-140 (Orig.Pamp. and Cum.Supp.1983), and that Section 66-6-25 prohibits imposition of the Inspection Fee. Section 66-6-25 provides:
No county or municipality shall require registration or charge fees for any vehicle subject to registration under the Motor Vehicle Code * * *. (emphasis added).
The Council, Commission, and Hamilton argue that the Inspection Fee is not a "fee" within the meaning of Section 66-6-25. They claim that the purpose of Section 66-6-25 is to prohibit cities and counties from using vehicles as a means of raising general revenues and that the Inspection Fee is only for defraying the administrative costs of an environmental program that was specifically delegated to local authorities by the State. They also argue that the Inspection Fee is a valid exercise of local authorities' home rule power. We disagree.
This Court has the duty of construing statutes, if possible, to resolve any apparent conflict. Runyan v. Jaramillo, 90 N.M. 629, 567 P.2d 478 (1977). However, where a statute makes sense as written, we will not read language into it which is not there. Burroughs v. Board of County Commissioners, 88 N.M. 303, 540 P.2d 233 (1975). Section 66-6-25 states that no city or county shall charge fees for motor vehicles. It does not limit cities and counties to the imposition of only certain fees as the Council, Commission and Hamilton argue. Instead, Section 66-6-25 makes clear the legislative intent that cities and counties are prohibited from charging any fees for motor vehicles, regardless of the purpose of the fees.
We therefore determine that the imposition of the Inspection Fee is prohibited under Section 66-6-25.
N.M. Const. Art. X, Section 6, the municipal home rule amendment, provides in pertinent part:
D. A municipality which adopts a charter may exercise all legislative powers and perform all functions not expressly denied by general law or charter. (emphasis added).
The major case discussing "municipal home rule" in New Mexico is Apodaca v. Wilson, 86 N.M. 516, 525 P.2d 876 (1974). The issue in Apodaca was whether the City of Albuquerque could increase water and sewer rates and apply the increased revenue to municipal functions other than those set out by statute. The statutes at that time specifically allowed the City to use water and sewer revenues for "maintaining, enlarging, extending, constructing and repairing' " water and sewer systems. Id. at 519, 525 P.2d at 880 (quoting NMSA 1953, Repl.Vol. 3, (1968)), Sec. 14-26-4 and Sec. 14-25-2(A). The statutes did not authorize the revenue to be used for any other purpose nor did it forbid its use for other municipal functions. In ruling in favor of the City, this Court stated:
The [Municipal Home Rule Amendment] and art. I of the City Charter enable the City, as a municipal corporation, to exercise all legislative powers and to perform all functions not expressly denied by the City Charter or general state law.
Apodaca, 86 N.M. at 520, 525 P.2d at 880 (emphasis added). This Court defined "general law" as "a law that applies generally throughout the state, or is of statewide concern * * *." Apodaca, 86 N.M. at 521, 525 P.2d at 881. This Court also determined that "not expressly denied" means that "some express statement of the authority or power denied must be contained in such general law in order to be applicable * * * or otherwise no limitation exists." Apodaca, 86 N.M. at 521-522, 525 P.2d at 881-882.
The law at issue here, Section 66-6-25, applies generally throughout the state and is of statewide concern because the people of the state have an interest in maintaining a uniform system of conditions and charges for operating motor vehicles in the state. Section 66-6-25 is therefore a "general law", and it clearly and expressly states that cities and municipalities are prohibited from charging fees for motor vehicles subject to registration. Therefore, we also determine that the imposition of the Inspection Fee is not a valid exercise of local authorities' home rule power.
Petitioners argue that the Program violates equal protection standards because: (1) it exempts from coverage vehicles manufactured before 1968 and all vehicles less than one year old; and (2) the $75.00 Repair Provision is discriminatory in its application.
We have previously determined that:
Equal protection does not prohibit classification for legislative purposes, provided that there is a rational and natural basis therefor, that it is based on a substantial difference between those to whom it does and those to whom it does not apply, and that it is so framed as to embrace equally all who may be in like circumstances and situations.
Gruschus v. Bureau of Revenue, 74 N.M. 775, 778, 399 P.2d 105, 107 (1965) (citations omitted). Furthermore, a presumption exists that legislative acts of a municipality are legal and valid, and their provisions are presumed constitutional. City of Albuquerque v. Jones, 87 N.M. 486, 535 P.2d 1337 (1975). Since the Program is "legislative in nature", the presumption extends to it. Wylie Bros. Contracting Co. v. Albuquerque-Bernalillo County Air Quality Control Bd., 80 N.M. 633, 637-638, 459 P.2d 159, 163-164 (Ct.App.1969).
Petitioners first argue that there is no significant difference between 1967 model vehicles and 1968 model vehicles which justifies exempting 1967 model vehicles from the Program. They claim that the fact that pre-1968 model vehicles were not required by the EPA to have anti-pollution devices installed does not provide a rational basis for the exemption. We disagree.
The record indicates that the pre-1968 model vehicle exemption was decided upon for several reasons. First, the Environmental Protection Agency (EPA) did not require pre-1968 model vehicles to have pollution control devices. Second, EPA recommends that pre-1968 model vehicles and vehicles more than 15 years old be exempted from emissions inspection maintenance programs that grant age exemptions. The record indicates that such exemptions are granted in Connecticut, Missouri, and Colorado, while other programs exempt an even larger group of vehicles. Third, mechanical differences render pre-1968...
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