Louisiana 2015 2015 Regular Session

Louisiana House Bill HB593 Engrossed / Bill

                    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.
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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.
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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
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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.
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(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.
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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.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.