224.20-755 Operation of vehicle emission control program by county.
(1) A county fiscal court may apply to the cabinet for authority to operate a vehicle
emission control program. The cabinet may delegate authority when it has found <br>that the applicant: <br>(a) Has obtained approved machinery, tools, and equipment approved by the
cabinet and adequate to conduct the required emission inspections;
(b) Has provided for a sufficient number of facilities to ensure minimum waiting
time for vehicles to be inspected;
(c) Employs properly trained personnel with whom to perform the necessary
inspections;
(d) Has adopted minimum emission standards for vehicles at least as stringent as
those adopted by the cabinet; and
(e) Agrees to provide information prescribed by the cabinet concerning the
implementation, administration, and operation of the vehicle emission control <br>program.
(2) Any county that has received authority to operate a vehicle emission control
program shall be prohibited from inspecting motorcycles as defined in KRS <br>189.285(6). The provisions of this subsection shall supersede any existing local <br>ordinance involving the inspection of motorcycles under a vehicle emission control <br>program administered by a county. All counties, cities, special districts, and other <br>units of local government shall be prohibited from enacting an ordinance contrary to <br>the provisions of this subsection.
(3) Any county that has received authority to operate a vehicle emission control
program shall honor and issue reciprocal certificates as required under KRS 224.20-<br>717. The provisions of this subsection shall supersede any existing local ordinance <br>involving the inspection of motor vehicles under a vehicle emission control <br>program administered by a county. All counties, cities, special districts, and other <br>units of local government shall be prohibited from enacting an ordinance contrary to <br>the provisions of this subsection.
(4) Any county which has received authority to operate a vehicle emission control
program may charge an inspection fee. There shall be established an emission <br>inspection account in the county. Unless an independent contractor is authorized <br>pursuant to KRS 224.20-740 to collect inspection fees, the county clerk shall collect <br>the fee at the time of registration renewal in the manner provided for cabinet <br>programs. The inspection fees collected by the county clerk shall be immediately <br>transferred to the county emission inspection account, except for a sum of no more <br>than twenty-five cents ($0.25) per vehicle which the county clerk may retain.
(5) A county which has received authority to operate a vehicle emission control
program shall transmit to the cabinet's vehicle emission control fund two percent <br>(2%) of the funds received from inspection fees or from the independent contractor <br>authorized pursuant to KRS 224.20-740.
(6) The county may use the county's emission inspection fund to acquire any special
equipment, tools, employees, material, or facilities needed to adequately administer, <br>investigate, or enforce the provisions of KRS 224.20-710 to 224.20-765.
(7) The county may enter into a contract with the cabinet and receive state funds
charged to the cabinet's vehicle emission control fund to start a vehicle emission <br>control program.
(8) A county applying for delegation pursuant to this section may enter into a contract
with one (1) or more independent contractors subject to the provisions of KRS <br>224.20-740 to provide for construction, equipment, establishment, maintenance and <br>operation of inspection stations for the purpose of obtaining delegation pursuant to <br>KRS 224.20-710 to 224.20-765.
(9) If the cabinet determines, after a hearing with notice, that a delegated vehicle
emission control program is not being administered in accordance with KRS <br>224.20-710 to 224.20-765, the delegation of authority may be revoked by order of <br>the cabinet and all unexpended money, equipment and facilities acquired by the <br>county with funds granted by the cabinet shall be transferred to the cabinet.
Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 66, sec. 2, effective July 14, 2000; and ch. 226,
sec. 3, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 467, sec. 9, effective <br>July 13, 1990.
Formerly codified as KRS 224.478. <br>Legislative Research Commission Note (7/14
/2000
). This section was amended by
2000 Ky. Acts chs. 66 and 226, which do not appear to be in conflict and have been <br>codified together.
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