FIRST REGULAR SESSION
HOUSE BILL NO. 985
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ABEL, SELBY, GREEN (15), JOHNSON (90),
HOLLINGSWORTH, McKENNA, WAGNER (Co-sponsors), HOLT, SCHEVE, HICKEY AND FOLEY.
Read 1st time March 14, 2001, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal section 643.350, RSMo 2000, and to enact in lieu thereof two new sections relating to emission inspections.
Section A. Section 643.350, RSMo 2000, are repealed and two new sections enacted in lieu thereof, to be known as sections 643.350 and 643.352, to read as follows:
643.350. 1. Except as otherwise provided in subsection 2 of this section, a fee, not to exceed twenty-four dollars, may be charged for an emissions inspection conducted under the emissions inspection program established pursuant to sections 643.300 to 643.355, except that on days of operation, other than the last three days of operation in each calendar month, the fee shall be reduced by:
(1) Ten dollars for any person who is required to wait more than thirty minutes before the inspection begins; and
(2) Twenty dollars for any person who is required to wait more than sixty minutes before the inspection begins.
The waiting time shall begin at the time when the customer's vehicle is on the premises of the inspection station and available for inspection.
[2.] The commission shall establish, by rule, a time-stamping system to ensure that the time of arrival and the time inspection begins is accurately recorded for each vehicle at each emissions inspection facility.
2. The fee shall not exceed twelve dollars for a required emissions inspection of a vehicle that will require another emissions inspection within a period of twelve months or less as a result of the odd or even year in which such vehicle was sold and the year in which such vehicle was manufactured.
3. The fee shall be conspicuously posted on the premises of each emissions inspection station.
4. The commission shall establish, by rule, the portion of the fee amount to be remitted by the contractor to the director of revenue and the number of days allowed for remitting fees.
5. The contractor shall remit the portion of fees collected, as established by the commission pursuant to this section, to the director of revenue within the time period established by the commission. The director of revenue shall deposit the fees received in the state treasury to the credit of the "Missouri Air Emission Reduction Fund", which is hereby created. Moneys in the fund shall, subject to appropriation, be expended for the administration and enforcement of sections 643.300 to 643.355 by the department of natural resources, the Missouri highway patrol, and other appropriate agencies. Any balance in the fund at the end of the biennium shall remain in the fund and shall not be subject to the provisions of section 33.080, RSMo. All interest earned by moneys in the fund shall accrue to the fund.
6. In addition to funds from the Missouri air emission reduction fund, costs of capital or operations may be supplemented, upon appropriation, from the general revenue fund, the state highway department fund, federal funds or other funds available for that purpose.
643.352. 1. At each inspection station, the contractor shall provide a customer service representative and complaint forms approved by the department. The contractor shall post information about complaint procedures prominently in each inspection station. Persons with complaints may send completed complaint forms to the department directly or to the contractor. The contractor shall report any complaint to the department within ten days after receipt, and shall maintain and make available to the department upon request a file containing all complaints, responses and actions taken.
2. The contractor shall be solely responsible for the resolution of all damage claims. The contractor shall authorize employees to immediately satisfy any damage claims with a payment by cash or check of up to two hundred dollars. At each inspection station, the contractor shall also provide forms approved by the department for vehicle damage claims that cannot be resolved immediately and shall post information about damage claim procedures prominently. The contractor shall maintain and make available to the department upon request records pertaining to vehicle damage claims and shall provide the department with a monthly report summarizing vehicle damage claims by number, type, time of occurrence and status. The department shall monitor damage claim resolution.
3. Any person aggrieved by the contractor in the course of an emissions inspection may apply to the department within fifteen days after such inspection for assistance in resolving the matter. The department shall investigate and notify the aggrieved person and the contractor of the department's decision within thirty days after receipt of the request for assistance. Such notification shall include a statement of facts, technical issues and legal issues used to make the decision, and may include an order directing the contractor to take any action deemed appropriate by the department.
4. If a vehicle is damaged by or because of a willful or negligent action by the contractor, the owner of such vehicle
may bring a civil action in the circuit court of the county in which the inspection occurred and may recover from
the contractor double damages, court costs and attorney's fees.
Missouri House of Representatives