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ACT No. 995
Regular Session, 2010
HOUSE BILL NO. 1470 (Substitute for House Bill No. 938 by Representative Michael
Jackson)
BY REPRESENTATIVE MICHAEL JACKSON
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 approves the fee or charge13
authorized by R.S. 32:1306.1 shall be inspected in a parish other than the parish of14
registration.15
§1305. Appointment of official inspection stations16
* * *17
C. The director shall properly supervise and cause inspections to be made of18
such stations and shall revoke and require the surrender of the permit issued to a19
station which he finds is not properly equipped or conducted. The director shall also20
revoke and require the surrender of the permit when such station issues an21
inspection certificate in violation of R.S. 32:1304(H). The director shall maintain22
and post at the office of the department lists of all stations holding permits and of23
those whose permits have been revoked.24
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§1306.1. Inspection and maintenance program fees; nonattainment area; local1
election2
A. Upon adoption of a proposition approved by the voters of a nonattainment3
area parish as provided for in this Section, seven dollars shall be charged for each4
inspection that includes the performance of the inspection and maintenance (I/M)5
program pursuant to the provisions of R.S. 30:2054(B)(8) for 1980 or newer model6
year motor vehicles. This charge shall be in addition to the charge or fee provided7
for in R.S. 32:1306(C)(3)(a).8
B. As the legislature finds that the use of mass transit by its citizens would9
result in reduced ozone formation, the Department of Public Safety and Corrections10
shall transfer the charge authorized by this Section to local entities for the11
improvement and development of mass transit systems. However, fifty percent of12
the charge authorized by this Section and collected for motor vehicle inspections in13
East Baton Rouge Parish shall be transferred directly to the Capital Area Transit14
System, R.S. 48:1451, et. seq. and shall be operating revenue or income, as defined15
by R.S. 48:756(C)(3), used in calculating the Capital Area Transit System's16
distribution as described in R.S. 48:756(B)(2). The remaining fifty percent of the17
charge authorized by this Section and collected for motor vehicle inspections in East18
Baton Rouge Parish shall be transferred to the governing authority of East Baton19
Rouge Parish to improve and develop mass transit systems. The money so20
transferred to the governing authority of East Baton Rouge Parish or to the Capital21
Area Transit System, R.S. 48:1451, et. seq., shall not displace, replace, or supplant22
funding currently expended for the Capital Area Transit System, R.S. 48:1451, et.23
seq. The charge authorized by this Section and collected for motor vehicle24
inspections in other nonattainment area parishes shall be transferred to the parish25
governing authority of that parish to develop mass transit systems.26
C.(1) The parish governing authority may, by ordinance or resolution, call27
an election for the purpose of submitting to the qualified electors of the parish the28
question of whether the charge authorized by this Section will be assessed in that29
parish. Such election shall be held at the same time as the statewide election30 ENROLLEDHB NO. 1470
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scheduled for either October 2, 2010, or November 2, 2010. Any resolution calling1
the election authorized in this Section shall state whether the election will be held on2
October 2, 2010, or November 2, 2010.3
(2) The ballot for the election shall state as follows:4
"Local Option Election5
Within ________ (name of parish within the nonattainment area), shall an6
additional seven dollars be charged for each motor vehicle inspection that includes7
the performance of the inspection and maintenance (I/M) program with the8
additional seven dollar charge being used for mass transit purposes? YES ( ) 9
NO ( )"10
(3) If the question of such charge is approved by a majority of the qualified11
electors voting on the proposition in the parish, then the charge authorized by this12
Section shall be implemented in that parish.13
(4) The secretary of state shall prepare the ballot for the election.14
(5) Except as otherwise provided, the election required shall be conducted15
in accordance with the Louisiana Election Code.16
(6) Notwithstanding Chapter 8-A of the Louisiana Election Code, the costs17
of the election required in this Section shall be borne by the state.18
D. The provisions of this Section shall not apply in the parishes of19
Livingston and Ascension.20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: