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Introduced Version House Bill 2601 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2601


(By Delegates Argento, Eldridge, Shaver and Wells)
[Introduced January 13, 2010; referred to the
Committee on Roads and Transportation then Finance.]




A BILL to amend and reenact §17C-16-5 of the Code of West Virginia, 1931, as amended, relating to allowing the Superintendent of the State Police to charge a one hundred dollar motor vehicle inspection facility application fee.

Be it enacted by the Legislature of West Virginia:
That §17C-16-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 16. INSPECTION OF VEHICLES.

§17C-16-5. Permit for official inspection stations; fees for and certificate of inspection.

(a) The Superintendent of the State Police is responsible for the inspection as provided in this article and shall prescribe requirements and qualifications for official inspection stations. He or she shall select and designate the stations and shall issue permits for official inspection stations and furnish instructions and all necessary forms for the inspection of vehicles as required in this article and the issuance of official certificates of inspection and approval. The certificate of inspection shall be a paper sticker or decal to be affixed to the windshield of a motor vehicle, shall be serially numbered and shall properly identify the official inspection station which issued it. A charge of $1 per sticker shall be charged by the State Police to the inspection station, and the funds received shall be deposited into the State Treasury and credited to the account of the State Police for application in the administration and enforcement of the provisions of this article. Any balance remaining in the fund on June 30 of each fiscal year, not required for the administration and enforcement of the provisions of this article, shall be transferred to the State Road Fund. The superintendent may exchange stickers or make refunds to official inspection stations for stickers on hand when permits are revoked or when, for any reason, the stickers become obsolete.
(b) A person shall apply for a permit upon an official form prescribed by the superintendent and the superintendent shall grant permits only when the superintendent is satisfied that the station is properly equipped and has competent personnel to make the inspections and adjustments and that the inspections and adjustments will be properly conducted. A charge of $100 per permit shall be charged by the State Police to the inspection station, and the funds received shall be deposited into the State Treasury and credited to the account of the State Police for application in the administration and enforcement of the provisions of this article. Any balance remaining in the fund on June 30 of each fiscal year, not required for the administration and enforcement of the provisions of this article, shall be transferred to the State Road Fund. The superintendent, before issuing a permit, may require the applicant to file a bond with surety approved by the superintendent, conditioned that such applicant, as a station operator, will make compensation for any damage to a vehicle during an inspection or adjustment due to negligence on the part of the station operator or employees thereof.
(c) The superintendent shall properly supervise and cause inspections to be made of the stations. Upon finding that a station is not properly equipped or conducted, the superintendent may, upon a first violation, suspend the permit for a period of up to one year. Upon a second or subsequent finding that a station is not properly equipped or conducted, the superintendent shall permanently revoke and require the surrender of the permit. The superintendent may reinstate the permit of any person whose permit was permanently revoked prior to the effective date of this section upon a first finding that a station was not properly equipped or conducted, upon application, at any time after the expiration of six months from the time of revocation and shall reinstate the permit, upon application, after the expiration of one year. He or she shall maintain and post at his or her office and at any other places as he or she may select lists of all stations holding permits and of those whose permits have been suspended or revoked.


NOTE: The purpose of this bill is to allow the Superintendent of the State Police to charge a fee of $100 to process a motor vehicle inspection facility application.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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