2006 Ohio Revised Code - 3704.14. Enhanced motor vehicle emission inspection and maintenance programs.

§ 3704.14. Enhanced motor vehicle emission inspection and maintenance programs.
 

(A)  The director of environmental protection shall continue to implement an enhanced motor vehicle inspection and maintenance program for a period of two years beginning on January 1, 2006, and ending on December 31, 2007, in counties in which a motor vehicle inspection and maintenance program is federally mandated. The program shall be substantially similar to the enhanced program implemented in those counties under a contract that is scheduled to expire on December 31, 2005. The program, at a minimum, shall do all of the following: 

(1) Comply with the federal Clean Air Act; 

(2) Provide for the extension of a contract for a period of two years, beginning on January 1, 2006, and ending on December 31, 2007, with the contractor who conducted the enhanced motor vehicle inspection and maintenance program in those federally mandated counties pursuant to a contract entered into under former section 3704.14 of the Revised Code as that section existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th General Assembly; 

(3) Provide for the issuance of inspection certificates; 

(4) Provide for a new car exemption for motor vehicles four years old or newer and provide that a new motor vehicle is exempt for four years regardless of whether legal title to the motor vehicle is transferred during that period. 

(B)  The director shall not implement a motor vehicle inspection and maintenance program in any county other than a county in which a motor vehicle inspection and maintenance program is federally mandated. 

(C)  The director shall adopt rules in accordance with Chapter 119. of the Revised Code that the director determines are necessary to implement this section. The director may continue to implement and enforce rules pertaining to the enhanced motor vehicle inspection and maintenance program previously implemented under former section 3704.14 of the Revised Code as that section existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th general assembly, provided that the rules do not conflict with this section. 

(D)  There is hereby created in the state treasury the motor vehicle inspection and maintenance fund, which shall consist of money received by the director from any fees for inspections that are established in rules adopted under this section. The director shall use money in the fund solely for the implementation, supervision, administration, operation, and enforcement of the enhanced motor vehicle inspection and maintenance program established under this section. 

(E)  The enhanced motor vehicle inspection and maintenance program established under this section expires on December 31, 2007, and shall not be continued beyond that date unless otherwise federally mandated. 
 

HISTORY: 151 v H 66, § 101.01, eff. 7-1-05.
 

The provisions of § 3 of 151 v S 265 read as follows: 

Section 3. The General Assembly hereby finds and declares its intention that no part of this act shall be interpreted or applied to encourage, facilitate, allow, or otherwise result, directly or indirectly, in the establishment or reestablishment of a motor vehicle inspection and maintenance program in any part of this state in which a motor vehicle inspection and maintenance program is not operating on the effective date of this act. Further, the General Assembly hereby finds and declares its intention that no part of this act shall be interpreted or applied to encourage, facilitate, allow, or otherwise result, directly or indirectly, in the extension of the motor vehicle inspection and maintenance program in any part of this state in which it is operating on the effective date of this act beyond December 31, 2007, as required by section 3704.14 of the Revised Code. The General Assembly further directs the Director of Environmental Protection to take all necessary actions to ensure that, in implementing the provisions of this act, the Director does nothing to bring about the institution, reinstitution, or extension of the motor vehicle inspection and maintenance program, as applicable, in any part of the state. 

Analogous in part to former RC § 3704.14 (138 v S 240 (Eff 11-12-80); 141 v H 500 (Eff 5-6-86); 141 v H 428 (Eff 12-23-86); 143 v H 109 (Eff 6-14-89); 145 v S 18 (Eff 9-27-93); 145 v H 685 (Eff 3-30-95); 146 v H 353. Eff 9-17-96; 150 v H 87, § 1, eff. 6-30-03), repealed 151 v H 66, § 105.01, eff 7-1-05.

The provisions of § 512.03 of 151 v H 66 read as follows: 

SECTION 512.03. The Motor Vehicle Inspection and Maintenance Fund that is created in section 3704.14 of the Revised Code, as reenacted by this act, is a continuation of the Motor Vehicle Inspection and Maintenance Fund that was created in section 3704.14 of the Revised Code, as repealed by this act. Money credited to the Fund under former section 3704.14 of the Revised Code shall be used for the purposes specified in new section 3704.14 of the Revised Code, as enacted by this act. 

The effective date is set by § 612.18 of 151 v H 66.