ENGROSSED

COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 35

(By Senators Redd, Love and Snyder)

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[Originating in the Committee on Finance;

reported February 26, 2002.]

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A BILL to amend and reenact sections five and six, article sixteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to fees for motor vehicle inspections; and increasing fees for inspection stickers.

Be it enacted by the Legislature of West Virginia:
That sections five and six, article sixteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all 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 department of public safety shall be 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 such the stations and shall issue permits therefor for official inspection stations and furnish instructions and all necessary forms thereto for the inspection of vehicles as herein 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 by which issued it. A charge of one dollar per sticker shall be charged by the department of public safety state police to the inspection station, and the funds so received shall be deposited into the state treasury and credited to the account of the department of public safety state police for application in the administration and enforcement of the provisions of this article. Any balance remaining in the fund on the last day of June 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 is authorized to may exchange stickers or to make refunds to official inspection stations for stickers on hand when permits are revoked or when, for any reason, the stickers become obsolete.
(b) Application A person shall apply for a permit shall be made upon an official form prescribed by the superintendent and the superintendent shall grant permits shall be granted only when the superintendent is satisfied that the station is properly equipped and has competent personnel to make such the inspections and adjustments and that the inspections and adjustments will be properly conducted. 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 such the station operator or employees thereof.
(c) The superintendent shall properly supervise and cause inspections to be made of such 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 such the permit, upon application, after the expiration of one year. He or she shall maintain and post at his or her office and at such 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.
§17C-16-6. Assignment, transfer and posting of official inspection station permit; issuance and record of certificate of inspection; inspection fee.

(a) No permit for an official inspection station shall be assigned or transferred or used at any location other than therein designated in the permit and every said permit shall be posted in a conspicuous place at the station location designated in the permit.
(b) The person operating any such the station shall issue a certificate of inspection and approval, upon an official form, to the owner of a vehicle upon inspecting such the vehicle and determining that its equipment required hereunder under this article is in good condition and proper adjustment, but otherwise no certificate shall be issued, except such as may be one issued pursuant to section two of this article. When required by the superintendent, a record and report shall be made of every inspection and every certificate so issued.
(c) A fee of not more than seven twelve dollars may be charged for an inspection and any necessary headlight adjustment to proper focus, not including any replacement parts required, and the issuance of such the certificate, but the imposition of such the charge shall is not be mandatory.