H. B. 2601
(By Delegates Argento, Eldridge, Shaver and Wells)
[Introduced January 13, 2010; 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 $1 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 June 30 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 $100 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 June 30 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 $100 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.