HLS 10RS-2969 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1470 (Substitute for House Bill No. 938 by Representative Michael
Jackson)
BY REPRESENTATIVE MICHAEL JACKSON
MTR VEHICLE/INSPECTION: To provide local option elections for the adjustment of
motor vehicle inspection fees in the nonattainment zone
AN ACT1
To enact R.S. 32:1306.1 and 1306.2, relative to motor vehicles; to authorize an increased fee2
for inspection and maintenance programs in the nonattainment zone; to permit local3
option elections in parishes in the nonattainment zone; to provide relative to the4
conduct of such elections and the costs thereof; to exempt certain parishes; to create5
a fund within the state treasury; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:1306.1 and 1306.2 are hereby enacted to read as follows: 8
§1306.1. Inspection and maintenance program fees; nonattainment zone; local9
election10
A. Upon adoption of a proposition approved by the voters of a nonattainment11
zone parish as provided for in this Section, eight dollars shall be charged for each12
inspection that includes the performance of the inspection and maintenance (I/M)13
program pursuant to the provisions of R.S. 30:2054(B)(8) for 1980 or newer model14
year motor vehicles. This charge shall be in addition to the charge provided for in15
R.S. 32:1306(C)(3)(a).16
B. (1) As the legislature finds that the use of mass transit by its citizens17
would result in reduced ozone emissions, the Department of Public Safety and18
Corrections shall transfer seven dollars of the charge authorized by this Section to19 HLS 10RS-2969 ORIGINAL
HB NO. 1470
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the Nonattainment Zone Mass Transit Fund established by R.S. 32:1306.2, to be used1
exclusively for the development of mass transit programs, including but not limited2
to bus systems and passenger rail, within the nonattainment zone.3
(2) One dollar of the charge authorized by this Section shall be transferred4
to the Department of Public Safety and Corrections for expenses related to the5
administration of this Section.6
(3) However, the Department of Public Safety and Corrections shall transfer7
the seven dollars of the charge authorized by this Section and collected in East Baton8
Rouge Parish to the parish of East Baton Rouge. One dollar of the charge authorized9
by this Section and collected in East Baton Rouge Parish shall be transferred to the10
Department of Public Safety and Corrections for expenses related to the11
administration of this Section. Fifty percent of the total transferred to the parish of12
East Baton Rouge shall be used solely as part of the parish's financial contribution13
as defined by R.S. 48:1453(2) with the remaining fifty percent to be used for mass14
transit initiatives in the parish of East Baton Rouge.15
C.(1) The parish governing authority may, by ordinance or resolution, call an16
election for the purpose of submitting to the qualified electors of the parish the17
question of whether the charge authorized by this Section will be assessed in that18
parish. Such election shall be held at the same time as the statewide election19
scheduled for November 2, 2010.20
(2) The ballot for the election shall state as follows:21
"Local Option Election"22
Within _____ (name of parish within the nonattainment zone), shall an23
additional eight dollars shall be charged for each motor vehicle inspection that24
includes the performance of the inspection and maintenance (I/M) program with the25
additional seven dollar charge being used for mass transit purposes? YES ( ) NO (26
)27 HLS 10RS-2969 ORIGINAL
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(3) If the question of such charge assessment is approved by a majority of1
the qualified electors voting on the proposition in the parish, then the charge2
authorized by this Section shall be implemented in that parish.3
(4) The secretary of state shall prepare the ballot for the election.4
(5) Except as otherwise provided, the election required shall be conducted5
in accordance with the Louisiana Election Code.6
(6) Notwithstanding Chapter 8-A of the Louisiana Election Code, the costs7
of the election required in this Section shall be borne by the state.8
D. The provisions of this Section shall not apply in the parishes of9
Livingston and Ascension.10
§1306.2. Nonattainment Zone Mass Transit Fund11
A. There is hereby created, as a special fund in the state treasury, the12
Nonattainment Mass Transit Fund, hereinafter referred to as the "fund". The source13
of monies for the fund shall be the monies derived from the charge imposed pursuant14
to the provisions of R.S. 32:1306.1, excluding the monies collected in East Baton15
Rouge Parish, and including grants, gifts, and donations and any other monies16
received by the state for the purposes of mass transit projects, including but not17
limited to bus systems and passenger rail.18
B. After compliance with the requirements of Article VII, Section 9(B) of19
the Constitution of Louisiana, relative to the Bond Security and Redemption Fund,20
an amount equal to that deposited into the state treasury from the foregoing sources21
shall be deposited in and credited to the fund. The monies in the fund shall be22
invested by the treasurer in the same manner as the state general fund, and interest23
earnings shall be deposited into the fund. All unexpended and unencumbered24
monies remaining in the fund at the end of each fiscal year shall remain in the fund.25
C. The monies in the fund shall be allocated and disbursed by the secretary26
of the Department of Transportation and Development to be used in the parish in27
which the funds were collected or by the parish governing authority in which the28 HLS 10RS-2969 ORIGINAL
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funds were collected. Disbursed funds shall be used solely for the purposes of mass1
transit projects, including but not limited to bus systems and passenger rail.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Michael Jackson HB No. 1470
Abstract: Authorizes parishes in the nonattainment zone to call local option elections to
determine if an additional fee will be added to each motor vehicle inspection that
includes the performance of the I/M program. Further provides that the additional
monies generated by the fee shall be used for mass transit projects.
Present law provides for an annual charge of $10 for each certificate of inspection and
approval issued to a motor vehicle.
Proposed law retains present law.
Present law provides that within the nonattainment zone (currently Ascension, East Baton
Rouge, Livingston, Iberville and West Baton Rouge parishes), an additional eight dollars
shall be charged for each inspection that includes the performance of the inspection and
maintenance (I/M) program.
Proposed law retains present law.
Proposed law provides that an additional $7 may be charged for each inspection that includes
the performance of the inspection and maintenance (I/M) program if the following occurs:
(1)The parish governing authority adopts a resolution or ordinance authorizing the
proposition of charging the fee authorized by proposed law on the November 2,
2010, ballot.
(2)The majority of qualified elected voters approve the fee.
Proposed law provides that, except in East Baton Rouge Parish, if the voters in a parish
approve the additional fee, the monies collected shall be used for mass transit purposes,
except that $1 of the fee will go to DPS&C for expenses related to provisions of proposed
law.
Proposed law , provides that if in East Baton Rouge Parish the voters approve the additional
fee, $1 collected in East Baton Rouge Parish shall be transferred to DPS&C for expenses
related to proposed law. Fifty percent of the total transferred to the parish of East Baton
Rouge shall be used solely as part of the parish's financial contribution to the Capital Area
Transit System with the remaining fifty percent to be used for mass transit projects.
Proposed law excludes the parishes of Ascension and Livingston from proposed law.
Proposed law creates the "Nonattainment Zone Mass Transit Fund" and directs that funds
collected as authorized by proposed law be transferred to this fund to be used by DOTD and
nonattainment zone parish governing authorities for mass transit projects.
(Adds R.S. 32:1306.1 and 1306.2)