H. B. 2340
(By Delegates Argento, Eldridge, Shaver,
Wysong, Swartzmiller, Wells and Stemple)
[Introduced
January 19, 2007
; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact §17C-16-5 of the Code of West Virginia,
1931, as amended, relating to allowing the Superintendent of
the State Police to charge a one hundred dollar motor vehicle
inspection facility application fee.
Be it enacted by the Legislature of West Virginia:
That §17C-16-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. INSPECTION OF VEHICLES.
§17C-16-5. Permit for official inspection stations; fees for and
certificate of inspection.
(a) The Superintendent of the State Police is responsible for
the inspection as provided in this article and shall prescribe
requirements and qualifications for official inspection stations.
He or she shall select and designate the stations and shall issue
permits for official inspection stations and furnish instructions and all necessary forms for the inspection of vehicles as required
in this article and the issuance of official certificates of
inspection and approval. The certificate of inspection shall be a
paper sticker or decal to be affixed to the windshield of a motor
vehicle, shall be serially numbered and shall properly identify the
official inspection station which issued it. A charge of one
dollar per sticker shall be charged by the State Police to the
inspection station, and the funds received shall be deposited into
the State Treasury and credited to the account of the State Police
for application in the administration and enforcement of the
provisions of this article. Any balance remaining in the fund on
the last day of June of each fiscal year, not required for the
administration and enforcement of the provisions of this article,
shall be transferred to the State Road Fund. The superintendent
may exchange stickers or make refunds to official inspection
stations for stickers on hand when permits are revoked or when, for
any reason, the stickers become obsolete.
(b) A person shall apply for a permit upon an official form
prescribed by the superintendent and the superintendent shall grant
permits only when the superintendent is satisfied that the station
is properly equipped and has competent personnel to make the
inspections and adjustments and that the inspections and
adjustments will be properly conducted. A charge of one hundred
dollars per permit shall be charged by the State Police to the inspection station, and the funds received shall be deposited into
the State Treasury and credited to the account of the State Police
for application in the administration and enforcement of the
provisions of this article. Any balance remaining in the fund on
the last day of June of each fiscal year, not required for the
administration and enforcement of the provisions of this article,
shall be transferred to the State Road Fund. The superintendent,
before issuing a permit, may require the applicant to file a bond
with surety approved by the superintendent, conditioned that such
applicant, as a station operator, will make compensation for any
damage to a vehicle during an inspection or adjustment due to
negligence on the part of the station operator or employees
thereof.
(c) The superintendent shall properly supervise and cause
inspections to be made of the stations. Upon finding that a
station is not properly equipped or conducted, the superintendent
may, upon a first violation, suspend the permit for a period of up
to one year. Upon a second or subsequent finding that a station is
not properly equipped or conducted, the superintendent shall
permanently revoke and require the surrender of the permit. The
superintendent may reinstate the permit of any person whose permit
was permanently revoked prior to the effective date of this section
upon a first finding that a station was not properly equipped or
conducted, upon application, at any time after the expiration of six months from the time of revocation and shall reinstate the
permit, upon application, after the expiration of one year. He or
she shall maintain and post at his or her office and at any other
places as he or she may select lists of all stations holding
permits and of those whose permits have been suspended or revoked.
NOTE: The purpose of this bill is to allow the Superintendent
of the State Police to charge a fee of one hundred dollars to
process a motor vehicle inspection facility application.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.