HLS 15RS-1157 ENGROSSED 2015 Regular Session HOUSE BILL NO. 593 BY REPRESENTATIVE TERRY LANDRY Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. MTR VEHICLE/INSPECTION: To provide for automation of the motor vehicle inspection process 1 AN ACT 2To amend and reenact R.S. 32:1305(A) and 1306(E), relative to motor vehicle inspection 3 certificates and stations; to authorize the Department of Public Safety and 4 Corrections, public safety services, to develop a system of electronic filing of 5 inspection certificates; to provide for the requirements of such a system; to authorize 6 the Department of Public Safety and Corrections, public safety services, to establish 7 fees for motor vehicle inspection violations; to provide for effective dates; and to 8 provide for related matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 32:1305(A) and 1306(E) are hereby amended and reenacted to read 11as follows: 12 §1305. Appointment of official inspection stations 13 A.(1) For the purpose of making inspections and issuing official certificates 14 of inspection and approval as provided herein the director in this Chapter, the 15 Department of Public Safety and Corrections, public safety services, referred to as 16 "department" in this Subsection, shall issue permits for and furnish instructions and 17 all necessary forms to official inspection stations for the inspection of vehicles as 18 herein required in this Chapter and the issuance of official certificates of inspection 19 and approval. Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 593 HLS 15RS-1157 ENGROSSED 1 (2) Subject to an appropriation of funds for this purpose, the Department of 2 Public Safety and Corrections, public safety services, may develop a system of 3 electronic filing of inspection information and print on-demand motor vehicle 4 inspection certificates. 5 (a) The system authorized by Paragraph (2) of this Subsection shall meet the 6 following requirements: 7 (i) Such system shall interface with the Department of Public Safety and 8 Corrections, public safety services, vehicle registration system and shall update all 9 vehicle records with each inspection. The department shall provide requirements for 10 the inspection information which shall be added to a vehicle record. 11 (ii) The print on-demand feature shall print a new inspection certificate after 12 the station has verified through an electronic interface that the vehicle complies with 13 all inspection requirements for the class and type of vehicle, and after the station has 14 verified that the appropriate fee has been collected. The print on-demand inspection 15 certificate shall contain such information and security features as necessary to deter 16 unofficial or fraudulent stickers and to prevent the placement of the certificate on a 17 vehicle other than the vehicle inspected. 18 (iii) A mechanism for the submission of the state's portion of the inspection 19 fee; such as, electronic funds transfer, making the state's payment processing system 20 available to the station, or other such methods as the department may deem 21 appropriate. 22 (b) Any request for proposal issued for the system authorized by Paragraph 23 (2) of this Subsection shall require the following: (i) That each station shall contract 24 with the department's vendor for the acquisition of any hardware, software, or 25 supplies necessary to implement the system of electronic filing of inspection 26 information and print on-demand motor vehicle inspection stickers, and connect to 27 the system. The department shall approve the form of the contract. Such contract 28 shall be subject to the vendor's contract with the state and shall be governed by the 29 laws of Louisiana. Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 593 HLS 15RS-1157 ENGROSSED 1 (ii) That the vendor's system shall not retain or capture personal identifying 2 information either from the department's system or from data entered at the 3 inspection station. 4 (c) The department shall establish specifications or minimum requirements 5 for any station supplied hardware or software used to connect to the system 6 authorized by Paragraph (2) of this Subsection; including, but not limited to the 7 minimal level of acceptable internet connection. 8 (d) After the system authorized by Paragraph (2) of this Subsection is 9 implemented, but no sooner than two years after implementation, the department 10 may establish a system of administrative fines to be assessed against the registered 11 owner of any vehicle if the vehicle record shows a lapse of a valid inspection sticker 12 for a period of more than sixty days. Defenses to such fines shall include that the 13 vehicle was sold or otherwise transferred, the vehicle is registered in another state, 14 or the owner submitted an affidavit of non-operation within sixty days of the 15 expiration of the last valid inspection and approval issued for the vehicle. Any fines 16 established shall not exceed twice the amount of the fee for the inspection certificate 17 for a particular vehicle. 18 (e) The department shall promulgate rules and regulations as are necessary 19 and in accordance with the Administrative Procedure Act to implement this 20 Paragraph. 21 * * * 22 §1306. Operation of official inspection stations 23 * * * 24 E. The Until such time as a system of electronic filing of inspection 25 information and print on-demand motor vehicle inspection certificates is 26 implemented, the office of motor vehicles shall distribute motor vehicle inspection 27 stickers to each district office throughout the state and shall make such stickers 28 available for purchase by certified motor vehicle inspection stations during normal 29 business hours. The stickers shall be in convenient book form and shall be sold in Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 593 HLS 15RS-1157 ENGROSSED 1 such practical increments as will not present a financial hardship to low volume 2 stations. Motor vehicle inspection stickers shall not be distributed to each district 3 office throughout the state or made available for purchase when a system of 4 electronic filing or inspection information and print on-demand motor vehicle 5 inspection certificates is implemented. 6 * * * 7 Section 2. This Act shall become effective upon signature by the governor or, if not 8signed by the governor, upon expiration of the time for bills to become law without signature 9by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 10vetoed by the governor and subsequently approved by the legislature, this Act shall become 11effective on the day following such approval. 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)] HB 593 Engrossed 2015 Regular Session Terry Landry Abstract: Authorizes the automation of the motor vehicle inspection certificate process upon appropriation of funds for this purpose. Present law provides for a system of motor vehicle inspections whereby authorized inspection stations purchase books of inspection certificates with certificates to issue to motor vehicles which pass inspection and for which appropriate fees are received. Proposed law authorizes the Dept. of Public Safety and Corrections (DPS&C), public safety services, subject to an appropriation of funds for such purpose, to develop a system of electronic filing on inspection information and print on demand motor vehicle inspection certificates (system). Proposed law establishes the following minimum requirements for such system: (1)The system shall interface with DPS&C's vehicle registration system and update vehicle records with each inspection. (2)The print on-demand feature of the system shall print a new inspection certificate after the station has verified through an electronic interface that the vehicle complies with all inspection requirements and the appropriate fee has been collected. (3)The print on-demand inspection certificate shall contain information and security features as necessary to deter unofficial or fraudulent stickers, or to prevent the placement of the certificate on a vehicle other than the vehicle inspected. Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 593 HLS 15RS-1157 ENGROSSED (4)A mechanism for the submission of the state's portion of the inspection fee; such as, electronic funds transfer, making the state's payment processing system available to the station, or other such methods as the department may deem appropriate. Proposed law requires the following as minimum requirements for any request for proposal for such system: (1)The station shall contract with the department's vendor for the acquisition of any hardware, software, or supplies necessary to implement the system, and connect to the system. DPS&C shall approve the form of the contract. Such contract shall be subject to the vendor's contract with the state and shall be governed by the laws of Louisiana. (2)The vendor's system shall not retain or capture personal identifying information either from the department's system or from data entered at the inspection station. Proposed law specifies that two years after implementation of the system the DPS&C may establish a system of administrative fines to be assessed against the registered owner of any vehicle if the vehicle record shows a lapse of a valid inspection sticker for a period of more than 60 days. Specifies that the fines established cannot exceed twice the amount of the fee for the inspection certificate for a particular vehicle. Present law requires the office of motor vehicles to distribute motor vehicle inspection stickers to each district office throughout the state and make such stickers available for purchase by certified motor vehicle inspection stations during normal business hours. Requires the stickers to be in convenient book form and be sold in such practical increments as will not present a financial hardship to low volume stations. Proposed law provides that the office of motor vehicles shall not distribute motor vehicle inspection stickers to each district office in the state or make such stickers available for purchase when the system authorized by proposed law is implemented. (Amends R.S. 32:1305(A) and 1306(E)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Transportation, Highways and Public Works to the original bill: 1. Authorize rather than require the Dept. of Public Safety and Corrections, public safety services, to develop a system of electronic filing of inspection information and print on demand motor vehicle inspection certificates (system). 2. Provide that the development of such system shall be subject to an appropriation of funds for such system. 3. Add provisions to require any request for proposal for such system to meet certain requirements. 4. Add a provision that requires the print on-demand certificate contain security features to deter fraud and prevent unauthorized inspection certificates. 5. Remove the Dec. 31, 2016, deadline for system to be in place. 6. Remove repeal of requirement for the office of motor vehicles to distribute motor vehicle inspection stickers to each district office throughout the state. Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 593 HLS 15RS-1157 ENGROSSED 7. Add that the office of motor vehicles shall not distribute motor vehicle inspection stickers to each district office in the state or make such stickers available for purchase when the system authorized by proposed law is implemented. Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.