STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 215	By:	Adelson

AS INTRODUCED

An Act relating to motor vehicles; creating the Oklahoma Motor Vehicle Inspection Act; providing short title; requiring mechanical inspection of motor vehicles, motorcycles, trailers, semitrailers, pole trailers, and ancient vehicles; prohibiting the operation of unsafe motor vehicles on streets and highways; requiring certain motor vehicles to bear official inspection sticker; providing for exceptions; requiring annual inspection for modified ancient vehicles; defining term; conferring authority upon the Commissioner of Public Safety and other law enforcement agencies to stop vehicles for inspection; providing notice of unsafe or ill-equipped vehicle; providing requirements and time limitations to comply with notice; establishing number of days for compliance and allowable mileage before repair; regulating and providing for the designation of official inspection stations; providing for inspection of vehicles fueled by alternative fuels; requiring inspection of new and used vehicles prior to sale; conferring authority upon the Commissioner of Public Safety to promulgate rules necessary for administration and enforcement of motor vehicle inspections; requiring certain decals to be part of the inspection; providing exception for out-of-state inspection certificate; providing authority to suspend registration of unsafe vehicles; designating official inspection stations; establishing certain requirements for inspection permits; establishing permit and renewal fees; providing alternative fuel conversion centers to perform motor vehicle inspections; conferring authority upon the Commissioner of Public Safety to supervise, suspend, or revoke inspection station permits; providing notice and hearing for revoked or suspended permits; providing exception for temporary suspensions; designating where funds collected will be remitted and credited; providing uniform official inspection station signs; requiring inspectors to check and test certain equipment; designating and establishing certain requirements and training for official inspectors; conferring authority upon the Commissioner of Public Safety to supervise, suspend, or revoke inspector licenses; providing notice and hearing for revoked or suspended licenses; providing exception for temporary suspensions; providing for emission control equipment; requiring inspection of emission control equipment on certain vehicles; authorizing the implementation of gas cap integrity tests upon violation of the National Ambient Air Quality Standards; designating monies collected; providing exceptions to gas cap integrity test; allowing for continuation of emission control requirements; providing for promulgation of rules and regulations for administration and enforcement of the Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act; providing owners an appeals process for rejected vehicles; designating where monies, fees and revenues are to be remitted; establishing charge for inspections; designating certain funds and deposit of monies collected for inspection stickers; requiring records; prescribing violations and penalties; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 871 of Title 47, unless there is created a duplication in numbering, reads as follows:
Sections 1 through 16 of this act shall be known and may be cited as the “Oklahoma Motor Vehicle Inspection Act”.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 872 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  Except as otherwise provided for in subsections B and C of this section, no person shall drive or move on any highway any motor vehicle including, but not limited to, motorcycles, trailers, semitrailers or pole trailers, or ancient vehicles which are not used primarily incidental to historical or exhibition purposes, which are licensed by the Oklahoma Tax Commission and operated on the streets or highways of this state or any combination thereof, unless the equipment upon the vehicle is in good working order and adjustment as required in Title 47 of the Oklahoma Statutes and is in such safe mechanical condition as not to endanger the driver or occupant of any other vehicle upon the highway.  Each motor vehicle, except any commercial truck or truck‑tractor registered pursuant to Section 1120 of Title 47 of the Oklahoma Statutes which is engaged in interstate commerce, or any trailer or semitrailer registered pursuant to Section 1133 of Title 47 of the Oklahoma Statutes which is engaged in interstate commerce, shall bear an official inspection sticker.
B.  The provisions of this section shall not apply to:
1.  Any manufactured home which requires a permit to be moved upon the highways of this state;
2.  Any ancient vehicle as defined by Section 1-101.1 of Title 47 of the Oklahoma Statutes, which has not been modified from its original state of manufacture; or
3.  Any modified ancient vehicle which has been inspected as required by subsection C of this section.
C.  1.  No person shall drive or move on any roadway any modified ancient vehicle unless the vehicle has been inspected in accordance with subsection A of this section or has been inspected annually in accordance with this subsection.
2.  A modified ancient vehicle may be inspected pursuant to standards issued by the National Street Rod Association and the Department of Public Safety.  The inspection shall be conducted annually by an inspector certified by the National Street Rod Association.  Upon successful completion of the inspection, the Department shall issue to the owner of the vehicle a Certificate of Exemption which shall be carried in the vehicle at all times that it is driven or moved on any roadway of this state.  The certificate shall be submitted to any law enforcement officer upon request.  The certificate shall serve as proof that the requirement for a state inspection and official inspection sticker as prescribed in subsection A of this section has been waived for the vehicle and that the vehicle has been inspected pursuant to this subsection.  The Department shall promulgate rules to implement and administer the provisions of this subsection.
D.  As used in this section, “modified ancient vehicle” means any vehicle manufactured in 1948 or earlier which has been modified or modernized from its original state of manufacture.
E.  Nothing in this section shall exempt any motor vehicle from the provisions of the Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 873 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  The Commissioner of Public Safety, members of the Oklahoma Highway Patrol, and such other officers and employees of the Department of Public Safety as the Commissioner may designate, and any sheriff, duly appointed deputy sheriff, and police officers of regularly constituted police departments may, at any time upon observation that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and test with reference thereto as may be appropriate.
B.  In the event the vehicle is found to be in an unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy of the notice to the Department of Public Safety.  The notice shall require that the vehicle be placed in safe condition and its equipment in proper repair and adjustment, specifying the particulars with reference thereto and that a certificate of inspection and approval must be obtained within thirty (30) calendar days.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 874 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  No person driving a vehicle shall refuse to submit the vehicle to an inspection and test at an approved inspection station when required to do so by the Commissioner of Public Safety or an authorized officer or employee of the Department of Public Safety.
B.  Every owner or driver, upon receiving a notice as provided in Section 3 of this act, shall within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, secure an official certificate of inspection and approval which shall be issued in triplicate, one copy to be retained by the owner or driver, one copy by the inspection station, and the original copy to be forwarded to the Department of Public Safety.  In lieu of compliance with this subsection, the vehicle shall not be operated except as provided in subsection C of this section.
C.  No person shall operate any vehicle after receiving a notice with reference thereto, as provided, except as may be necessary to return the vehicle to the residence or place of business of the owner or driver, if within a distance of one hundred fifty (150) miles, or to a garage, until the vehicle and its equipment have been placed in proper repair and adjustment and otherwise made to conform with the requirements of the Oklahoma Motor Vehicle Inspection Act.
D.  If upon inspection, repair or adjustment of the vehicle or its equipment is found necessary, the owner of the vehicle may obtain the repair or adjustment at any place the owner may choose.  In any event, an official certificate of inspection and approval must be obtained; otherwise, the vehicle shall not be operated upon the highways of this state.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 875 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  1.  The Commissioner of Public Safety shall require that every motor vehicle, trailer, semitrailer, and pole trailer, registered or operated in this state, be inspected once a year at official inspection stations as provided in the Oklahoma Motor Vehicle Inspection Act, and that an official certificate of inspection and approval be obtained for each such vehicle.
2.  Vehicles owned or operated by a fire department may have the inspection performed at the fire station location or the principal location of the fire vehicle.
3.  Motor carriers and express companies operating under the jurisdiction of the Interstate Commerce Commission, or the Department of Transportation and interstate or intrastate owners or operators of commercial, private, or public fleets of vehicles maintaining inspection and repair facilities which meet standards established by the Commissioner, may be authorized by the Commissioner to perform the inspections in the maintenance shops of the carrier or express company, without bond, on vehicles owned or operated by the carrier or express company.
B.  The inspections shall be made and the certificates obtained with respect to the mechanism and equipment of every such vehicle as shall be designated by the Commissioner.  An inspection shall not be done and a certificate shall not be issued pursuant to the provisions of the Oklahoma Motor Vehicle Inspection Act for a vehicle which does not display a current Oklahoma license plate and decal, unless the vehicle is owned by a member of the Armed Forces of the United States assigned to duty in this state in compliance with official military or naval orders or the spouse of such a member of the Armed Forces.  The Department of Public Safety and the Oklahoma Tax Commission shall promulgate rules to provide for the inspection of rebuilt vehicles pursuant to the provisions of Section 1111 of Title 47 of the Oklahoma Statutes prior to registration pursuant to the Oklahoma Vehicle License and Registration Act.
C.  The Commissioner shall require that the owner of every motor vehicle equipped to be fueled by an alternative fuel obtain the annual inspection required by subsection A of this section from an official inspection station.
D.  1.  Except for vehicles sold dealer to dealer, and wrecked, antique, or classic vehicles not driven on the public roadway which have been certified as such under oath by the owner, every vehicle when sold by a licensed dealer shall have been inspected and shall meet the standards of inspection as provided in the Oklahoma Motor Vehicle Inspection Act and shall display a current inspection sticker.
2.  Every vehicle which has the capability of being fueled by an alternative fuel, as defined by Section 130.2 of Title 74 of the Oklahoma Statutes, shall meet the standards of inspection as provided in the Oklahoma Motor Vehicle Inspection Act and shall display a current inspection sticker.
E.  The Commissioner shall promulgate rules for the administration and enforcement of the Oklahoma Motor Vehicle Inspection Act and to designate any period or periods of time during which owners of any vehicles, subject to this section, shall display upon the vehicle, except those vehicles exempted pursuant to Section 2 of this act, certificates of inspection and approval or shall produce the same upon demand of any officer or employee of the Department designated by the Commissioner or any police or peace officer when authorized by the Commissioner.  As a part of the rules, the Commissioner shall include the requirement that every person subject to the in-lieu-of-tax fee under Section 723 of Title 68 of the Oklahoma Statutes display a current Tax Commission decal on the vehicle as described in Section 723 of Title 68 of the Oklahoma Statutes and that proper display of the decal shall be a requirement for the issuance of an official certificate of inspection and approval for any vehicle using an alternative fuel as defined in Section 130.2 of Title 74 of the Oklahoma Statutes.
F.  The Commissioner may authorize the acceptance in this state of a certificate of inspection and approval issued in another state having an inspection law similar to the Oklahoma Motor Vehicle Inspection Act and may extend the time within which a certificate shall be obtained by the resident owner of a vehicle which was not in this state during the time an inspection was required.
G.  The Commissioner may suspend the registration of any vehicle which the Commissioner determines is in such unsafe condition as to constitute a menace to safety or which after notice and demand is not equipped as required in the Oklahoma Motor Vehicle Inspection Act or for which a required certificate has not been obtained.  Any person who has a vehicle registration suspended under the provisions of this section shall immediately forward the vehicle registration to the Department of Public Safety.
SECTION 6.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 876 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  The Commissioner of Public Safety shall designate official inspection stations and shall issue permits for and furnish instructions and all necessary forms to the official inspection stations for the inspection of vehicles as required and the issuance of official certificates of inspection and approval.  The permits shall be renewed annually.
B.  Application for a permit as an official inspection station shall be made upon an official form and shall be granted only when the Commissioner of Public Safety, after appropriate inquiry and investigation, is satisfied that the station is equipped in accordance with the requirements as prescribed by the Commissioner and is convinced that the owner-operator is of good character and has competent personnel to make the inspections and adjustments and that the inspections will be properly conducted.  Applications for a permit for an official inspection station shall be accompanied by a fee of Twenty-five Dollars ($25.00).  Each annual renewal thereafter shall be Five Dollars ($5.00).  Applications for a permit for an official inspection station for operators of commercial, public, or private fleets of vehicles shall be accompanied by a fee of Fifteen Dollars ($15.00) and each annual renewal thereafter shall be Five Dollars ($5.00).  The Commissioner shall refund the fee if the applicant fails to qualify for a permit or renewal of a permit under this section.
C.  Any station, facility, or conversion center which converts motor vehicles to have the capability of being fueled by alternative fuels, as defined by Section 130.2 of Title 74 of the Oklahoma Statutes, may be authorized by the Commissioner to perform inspections provided for in the Oklahoma Motor Vehicle Inspection Act.  Subject to the application requirements specified in this section, the Commissioner of Public Safety shall issue an official inspection station permit to any such station, facility, or conversion center which qualifies for a permit as an official inspection station.
D.  The Commissioner of Public Safety shall properly supervise and cause inspections to be made of the stations and shall suspend or revoke the permit and require the surrender of such permit issued to a station which is not properly equipped or conducted.  The Commissioner shall maintain and post at the office of the Department of Public Safety lists of all stations holding permits and those stations whose permits have been revoked.
E.  No permit shall be revoked or suspended except upon notice to the holder and after the holder is given an opportunity to be heard by the Commissioner.  A permit may be temporarily suspended without notice pending any investigation or hearing.  Whenever any permit has been revoked, no permit shall be reissued to an applicant until after the expiration of a period of one (1) year from the date of the revocation.
F.  Funds collected pursuant to the provisions of this section shall be remitted to the State Treasurer to be credited to the General Revenue Fund of the State Treasury.
SECTION 7.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 877 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  1.  No permit for an official inspection station shall be assigned or transferred or used at any location other than the location designated in the permit.  The permit shall be posted in a conspicuous place at the designated location.
2.  Upon payment of the first annual fee for an inspection permit by an approved inspection station, the Department of Public Safety shall issue to the station a uniform official inspection station sign to be posted in a conspicuous place at the inspection station.  The official inspection station sign issued by the Department of Public Safety shall be the only sign used by inspection stations designating state approval.
3.  Approved application for a renewal permit by the Department of Public Safety shall give an inspection station the authority to continue to use the sign.  Upon suspension or revocation of an inspection permit, failure to qualify for a renewal permit or refusal to make application for a renewal permit, the sign shall be surrendered to the Department of Public Safety.
B.  The person operating an official inspection station shall issue a certificate of inspection and approval upon official forms, which shall be numbered serially and furnished by the Department of Public Safety, to the owner of a vehicle upon inspecting the vehicle and determining that its equipment is in good condition and proper adjustment as required by the Oklahoma Motor Vehicle Inspection Act; otherwise, no certificate shall be issued.  When required by the Commissioner of Public Safety, records and reports shall be made by official inspection stations on every inspection and every certificate issued.
C.  Each official inspection station shall examine and test the following vehicle mechanical equipment on each inspection: brakes, steering, front and rear wheel suspension, exhaust systems, wheels and tires, windshield wipers, horn or warning device, including proper adjustment of turn signals, windshield and other glass, and lighting equipment.
D.  Each official inspection station shall check to determine if the vehicle has a current vehicle license plate or license registration decal.  If the vehicle does not display a plate or decal or if the plate or decal is expired, no certificate of inspection and approval shall be issued.  If the vehicle is returned to the inspecting station within thirty (30) calendar days and bears a current vehicle license plate or license registration decal, the inspecting station shall issue a certificate of inspection and approval without additional fee.
E.  With respect to any vehicle equipped to be fueled by alternative fuels, as defined in Section 130.2 of Title 74 of the Oklahoma Statutes, each official inspection station shall visually check, in addition to all other items required by this section, alternative fuel equipment specified in any rules the Commissioner of Public Safety may promulgate.
SECTION 8.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 878 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  1.  The Commissioner of Public Safety shall designate official inspectors and shall issue licenses for and furnish instructions and all necessary forms to the official inspectors for the inspection of vehicles and the issuance of official certificates of inspection or rejection.
2.  Application for a license as an official inspector shall be made upon an official form and shall be granted only when the Commissioner of Public Safety, after appropriate training, examination, and investigation, is satisfied that the applicant is eligible in accordance with the requirements prescribed by the Commissioner to make such inspections.  The Commissioner shall prescribe by rule the training requirements for all official inspectors, and the applicant shall complete all training requirements, including any subsequent additional training requirements which the Commissioner deems necessary for licensed official inspectors.
3.  The Commissioner and the Oklahoma Department of Career and Technology Education may enter into an interlocal agreement to implement the requirements of this subsection.
B.  Any employee of a station, facility, or conversion center which converts motor vehicles to have the capability of being fueled by alternative fuels, as defined by Section 130.2 of Title 74 of the Oklahoma Statutes, may be authorized by the Commissioner to perform inspections as provided in the Oklahoma Motor Vehicle Inspection Act.  Subject to the application requirements specified in this section, the Commissioner of Public Safety shall issue an official inspector license to any person who qualifies for a license as an official inspector.
C.  The Commissioner of Public Safety shall properly supervise and cause inspections to be made of the performance of persons licensed under this section and shall suspend or revoke and require the surrender of the license issued to the person who is not properly conducting inspections.
D.  No license shall be revoked or suspended except upon notice to the licensee and to the employer of the licensee and after an opportunity for the licensee to be heard by the Commissioner.  A license may be temporarily suspended without notice pending any investigation or hearing.  Whenever any license has been revoked, no license shall be reissued to an applicant until after the expiration of a period of one (1) year from the date of the revocation.
SECTION 9.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 879 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  1.  Any person who owns and drives a vehicle, as that term is defined by the Oklahoma Vehicle License and Registration Act, and resides within a county with a population of five hundred thousand (500,000) or more according to the latest Federal Decennial Census where there exists a U.S. Environmental Protection Agency-designated air quality nonattainment area for auto-related pollutants, or resides within a twenty-five-mile radius of the centroid of the area of such a county, shall have the vehicle inspected within that area and shall maintain on the vehicle in good working order the federally-required emission control equipment required by the Commissioner of Public Safety pursuant to recommendations of the Department of Environmental Quality.  When any portion of a municipality is included within the twenty-five-mile radius, the entire municipality shall be subject to the provisions of this section.
2.  Any person who owns and drives a vehicle, as that term is defined by the Oklahoma Vehicle License and Registration Act, and resides within a county with a population of less than five hundred thousand (500,000) according to the latest Federal Decennial Census where there exists a U.S. Environmental Protection Agency-designated air quality nonattainment area for auto-related pollutants, or resides within a metropolitan transportation study area, as that term is defined by the Department of Transportation and approved by the United States Department of Transportation, which includes the county, shall have the vehicle inspected within that area and shall maintain on the vehicle in good working order the federally-required emission control equipment required by the Commissioner of Public Safety pursuant to recommendations of the Department of Environmental Quality.  When any portion of a municipality is included within the metropolitan transportation study area, the entire municipality shall be subject to the provisions of this section.
B.  The Commissioner of Public Safety shall require a visual inspection of the federally-required emission control equipment required on vehicles by the provisions of subsection A of this section in counties where there exists a U.S. Environmental Protection Agency-designated air quality nonattainment area for auto-related pollutants.
C.  In addition to the vehicle mechanical equipment required to be inspected pursuant to the provisions of Section 7 of this act, each person operating an official inspection station shall visually inspect the original automotive emission control equipment of a manufacturer or proper replacements for the equipment installed on vehicles when required by the Commissioner of Public Safety pursuant to the provisions of subsection B of this section.
D.  1.  It is the intent of the Legislature that local governmental entities implement federal mandates in a manner that:
a.	is the least disruptive for local businesses, and
b.	permits local governmental entities to have control in lieu of federal intervention.
2.  When there is a violation, as that term is defined by the United States Environmental Protection Agency, of the National Ambient Air Quality Standard for ozone in a metropolitan transportation study area as described in subsection A of this section, the Department of Environmental Quality shall notify the Department of Public Safety and the Metropolitan Planning Organization (MPO), otherwise known as the Local Councils of Government (LCOG).  The MPO shall notify all local governments in the metropolitan study area in which the violation has occurred.  Municipal and county governments in such a metropolitan transportation study area may, by ordinance or resolution, include the gas cap integrity test in the annual vehicle inspection.  For the purposes of including a gas cap integrity test in the annual vehicle inspection, resolutions by counties shall have the same force and effect as ordinances by municipalities.  The municipalities or counties shall contract with the MPO to provide all equipment and training required for gas cap integrity testing for the entire area described in subsection A of this section in which a violation of the National Ambient Air Quality Standard for ozone has occurred.  The gas cap integrity testing shall begin no later than January 1 of the second year following the violation of air quality standards.
3.  When all the municipal and county governments in the transportation study area in which the violation has occurred adopt ordinances or resolutions including the gas cap integrity test in the annual vehicle inspection, the Commissioner of Public Safety, by rule, shall require that gas cap integrity testing be performed by official inspection stations designated by the Department of Public Safety and that the testing be performed at the same time as the annual vehicle emissions inspection required under subsections A, B and C of this section.  Certificates of inspection and approval, as required for emissions inspections, shall also be used to indicate compliance with gas cap integrity testing.
E.  No official inspection station shall be required to purchase equipment to implement provisions of this section.  An official inspection station may retain, as determined by the MPO, a reasonable portion of any monies collected as compensation for providing the gas cap integrity tests.  The remainder of any monies collected for providing the gas cap integrity test shall be remitted to the MPO for the area in violation and shall be used for expenses related to the provision of the gas cap integrity testing, including purchasing and maintaining test equipment, providing training to inspection officials, performing program audits, and improving air quality in the area of violation.  The Department of Public Safety shall not be responsible for collecting any monies for the gas cap integrity test.  This section shall not modify the amount of monies required to be remitted to the Commissioner of Public Safety by official inspection stations pursuant to Section 14 of this act.
F.  The provisions of subsection D of this section shall not apply to vehicles which were manufactured prior to 1979 or to motor vehicles manufactured in the current model year that meet all Environmental Protection Agency standards.  Active duty military personnel permanently assigned to a duty station outside of this state, but still claiming Oklahoma residency, may register their vehicles in Oklahoma without a vehicle inspection if the state they reside in does not require a vehicle inspection.
G.  The Metropolitan Planning Organization shall take steps to ensure that the price of gas caps remains stable.  This could include, but is not limited to, publishing the price of gas caps for selected car models before and after the initiation of any testing or the signing of voluntary agreements with parts retailers.
H.  Any inspection of automotive emission control equipment required pursuant to the provisions of this section shall apply to emission control equipment installed on vehicles of a model year required by the Commissioner of Public Safety pursuant to recommendations of the Department of Environmental Quality as is necessary to accommodate the resolution of the defined air pollution problem of the specific nonattainment area.
I.  The provisions of this section shall not be construed to apply to:
1.  Trucks or truck-tractors owned and operated by one or more farmers and used primarily for farm use, and not for commercial or industrial purposes, or trucks or truck-tractors used primarily for the transportation of logs, ties, stave bolts, and posts direct from the forest to mill, first market, or railroad shipping points, which are licensed pursuant to law; or
2.  Motor vehicles or motor vehicle engines for which liquefied petroleum gas is used as a fuel.
SECTION 10.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 880 of Title 47, unless there is created a duplication in numbering, reads as follows:
The emission control requirements, set forth under Section 9 of this act, shall not terminate but shall continue in effect as maintenance requirements upon the redesignation of any U.S. Environmental Protection Agency-designated air quality nonattainment area for auto-related pollutants to the status of attainment.
SECTION 11.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 881 of Title 47, unless there is created a duplication in numbering, reads as follows:
The Commissioner of Public Safety shall promulgate necessary rules for the administration and enforcement of the Oklahoma Motor Vehicle Inspection Act pursuant to recommendations of the Department of Environmental Quality.
SECTION 12.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 882 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  Vehicles rejected for any item during the vehicle emission inspection shall have thirty (30) calendar days in which to correct the defect.  The vehicle may be presented for reinspection to the original inspection station one time for reinspection of the rejected item or items.
B.  When a vehicle has been rejected for any item during the vehicle emission inspection, the owner shall have seven (7) days to appeal the rejection to the Department of Public Safety, Vehicle Inspection Division in writing.  The appeal shall be resolved prior to the thirty (30) calendar days allowed on the rejection certificate.  The Department shall inspect the appealed item or items, and the finding of the Department shall be final.
SECTION 13.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 883 of Title 47, unless there is created a duplication in numbering, reads as follows:
All monies, fees, and revenues accruing to the state pursuant to the provisions of Section 14 of this act shall be remitted to the State Treasurer to be credited to the General Revenue Fund of the State Treasury.
SECTION 14.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 884 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  Official inspection stations shall charge and collect Thirty-five Dollars ($35.00) for each vehicle inspected pursuant to the provisions of the Oklahoma Motor Vehicle Inspection Act.
B.  Stations shall obtain from the Commissioner of Public Safety an ample quantity of serially numbered decalcomania‑type stickers at a cost to the inspection station of One Dollar ($1.00) each.  Any quantity of unused approved stickers may be returned to the Commissioner for a credit or refund.  The Commissioner, for each inspection sticker delivered to an inspection station, shall:
1.  Remit to the State Treasurer to be credited to the General Revenue Fund of the State Treasury the sum of fifty cents ($0.50); and
2.  Deposit to the Oklahoma Law Enforcement Retirement Fund the sum of fifty cents ($0.50).
C.  Each inspection station shall keep an accurate record of the serially numbered decalcomania-type inspection stickers.  The record shall designate to whom the stickers were issued or rejected, and shall list the name of the inspector performing the final inspection on each inspected vehicle or trailer.
SECTION 15.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 885 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  No person shall in any manner represent any place as an official inspection station unless the station is operating under a valid permit and plainly displaying an official inspection station sign issued by the Department of Public Safety.
B.  No person shall display or cause or permit to be displayed upon any vehicle any certificate of inspection and approval knowing the same to be fictitious or issued for another vehicle or issued without an inspection having been made.
C.  No person shall display or cause or permit to be displayed upon any vehicle that is equipped to be fueled with alternative fuels, as defined by Section 130.2 of Title 74 of the Oklahoma Statutes, any certificate of inspection and approval that has not been validly issued by an official inspection station as required by Section 5 of this act.
SECTION 16.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 886 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  Any person who violates the provisions of Sections 2 through 8 and 14 through 15 of this act shall, upon conviction, be subject to imprisonment in the county jail for not more than thirty (30) days or a fine of not more than Five Hundred Dollars ($500.00), or both such imprisonment and fine.
B.  Any person who violates the provisions of Sections 9 through 12 of this act shall, upon conviction thereof, be subject to a fine of Twenty-five Dollars ($25.00).  Any person producing proof in court that the provisions of the sections of law have been complied with shall be entitled to dismissal of the charge upon payment of court costs.
SECTION 17.  This act shall become effective January 1, 2012.

53-1-1168	MD	1/11/2011 2:51:31 PM