HLS 10RS-2969 REENGROSSED
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are additions.
Regular Session, 2010
HOUSE BILL NO. 1470 (Substitute for House Bill No. 938 by Representative Michael
Jackson)
BY REPRESENTATIVE MICHAEL JACKSON
MTR VEHICLE/INSPECTION: Provides local option elections for the adjustment of motor
vehicle inspection fees in the nonattainment zone
AN ACT1
To amend and reenact R.S. 32:1305(C) and to enact R.S. 32:1304(H) and 1306.1, relative2
to motor vehicles; to require certain vehicles to be inspected in certain parishes; to3
authorize an increased fee for inspection and maintenance programs in parishes in4
the nonattainment area; to permit local option elections in parishes in the5
nonattainment area; to provide relative to the conduct of such elections and the costs6
thereof; to exempt certain parishes; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 32:1305(C) is hereby amended and reenacted and R.S. 32:1304(H)9
and 1306.1 are hereby enacted to read as follows:10
§1304. Secretary to require periodical inspection11
* * *12
H. No motor vehicle registered in a parish that adopts the charge authorized13
by R.S. 32:1306.1 shall be inspected in a parish other than the parish of registration.14
§1305. Appointment of official inspection stations15
* * *16
C. The director shall properly supervise and cause inspections to be made of17
such stations and shall revoke and require the surrender of the permit issued to a18
station which he finds is not properly equipped or conducted. The director shall also19 HLS 10RS-2969 REENGROSSED
HB NO. 1470
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are additions.
revoke and require the surrender of the permit when such station issues an1
inspection certificate in violation of R.S. 32:1304(H). The director shall maintain2
and post at the office of the department lists of all stations holding permits and of3
those whose permits have been revoked.4
* * *5
§1306.1. Inspection and maintenance program fees; nonattainment area; local6
election7
A. Upon adoption of a proposition approved by the voters of a nonattainment8
area parish as provided for in this Section, seven dollars shall be charged for each9
inspection that includes the performance of the inspection and maintenance (I/M)10
program pursuant to the provisions of R.S. 30:2054(B)(8) for 1980 or newer model11
year motor vehicles. This charge shall be in addition to the charge provided for in12
R.S. 32:1306(C)(3)(a).13
B. As the legislature finds that the use of mass transit by its citizens would14
result in reduced ozone formation, the Department of Public Safety and Corrections15
shall transfer the charge authorized by this Section to local entities for the16
improvement and development of mass transit systems. The charge authorized by17
this Section and collected for motor vehicle inspections in East Baton Rouge Parish18
shall be transferred directly to the Capital Area Transit System, R.S. 48:1451, et. seq.19
and shall be operating revenue or income, as defined by R.S. 48:756(C)(3), used in20
calculating the Capital Area Transit System's distribution as described in R.S.21
48:756(B)(2). The charge authorized by this Section and collected for motor vehicle22
inspections in other nonattainment area parishes shall be transferred to the parish23
governing authority of that parish to develop mass transit systems.24
C.(1) The parish governing authority may, by ordinance or resolution, call25
an election for the purpose of submitting to the qualified electors of the parish the26
question of whether the charge authorized by this Section will be assessed in that27
parish. Such election shall be held at the same time as the statewide election28
scheduled for November 2, 2010.29 HLS 10RS-2969 REENGROSSED
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(2) The ballot for the election shall state as follows:1
"Local Option Election2
Within ________ (name of parish within the nonattainment area), shall an3
additional eight dollars be charged for each motor vehicle inspection that includes4
the performance of the inspection and maintenance (I/M) program with the5
additional seven dollar charge being used for mass transit purposes? YES ( ) 6
NO ( )"7
(3) If the question of such charge assessment is approved by a majority of8
the qualified electors voting on the proposition in the parish, then the charge9
authorized by this Section shall be implemented in that parish.10
(4) The secretary of state shall prepare the ballot for the election.11
(5) Except as otherwise provided, the election required shall be conducted12
in accordance with the Louisiana Election Code.13
(6) Notwithstanding Chapter 8-A of the Louisiana Election Code, the costs14
of the election required in this Section shall be borne by the state.15
D. The provisions of this Section shall not apply in the parishes of16
Livingston and Ascension.17
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 $8 shall be
charged for each inspection that includes the performance of the inspection and maintenance
(I/M) program. HLS 10RS-2969 REENGROSSED
HB NO. 1470
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 Nov. 2, 2010,
ballot.
(2)The majority of qualified elected voters approve the fee.
Proposed law provides that if the voters in a parish approve the additional fee, all vehicles
registered in that particular parish must have their vehicle inspected in the parish of
registration. Proposed law provides that station operators that violate this provision of
proposed law shall lose their inspection permit.
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 transferred to the parish the funds
were collected in and used for mass transit purposes.
Proposed law provides that if in East Baton Rouge Parish the voters approve the additional
fee, the funds collected shall be transferred to the Capital Area Transit System and used as
operating revenue or income to be used in the distribution calculation for mass transit funds
from the Parish Transportation Fund.
Proposed law excludes the parishes of Ascension and Livingston from proposed law.
(Amends R.S. 32:1305(C); Adds R.S. 32:1304(H) and 1306.1)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Changed references to "nonattainment zone" to "nonattainment area".
2. Provided that if the voters in a parish approve the additional fee, all vehicles
registered in that particular parish must have their vehicle inspected in the parish
of registration. Provides that station operators that violate this provision of
proposed law shall lose their inspection permit.
3. Provided that the additional fee, if passed by the voters, shall be $7 rather than
$8 and deletes the provision sending $1 to DPS&C.
4. Provided that, except in East Baton Rouge Parish, if the voters in a parish
approve the additional fee, the monies collected shall be transferred to the parish
the funds were collected in and used for mass transit purposes.
5. Provided that if in East Baton Rouge Parish the voters approve the additional fee,
the funds collected shall be transferred to the Capital Area Transit System and
used as operating revenue or income to be used in the distribution calculation for
mass transit funds from the Parish Transportation Fund.
4. Deleted provision creating the Nonattainment Zone Mass Transit Fund.