Text: HF00749 Text: HF00751 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 455B.152 MOTOR VEHICLE POLLUTION 1 2 PREVENTION PROGRAM. 1 3 1. The department of natural resources shall establish, by 1 4 rule, emittance standards with which all motor vehicles 1 5 registered within the state shall comply. The emittance 1 6 standards established by the department of natural resources 1 7 shall not be stricter than the federal emittance standards 1 8 already imposed on new motor vehicles under the federal Clean 1 9 Air Act, 42 U.S.C. } 7521 et seq. A vehicle which qualifies 1 10 as an antique vehicle under section 321.115, subsection 1, is 1 11 not subject to the requirements of this section. 1 12 2. The department of natural resources shall develop a 1 13 program to allow persons to report obvious motor vehicle 1 14 polluters through the use of a toll-free telephone line by 1 15 stating the polluter's registration plate number. For 1 16 purposes of this section, "obvious motor vehicle polluter" 1 17 means a motor vehicle which, due to the poor condition of its 1 18 emission system, is in need of repairs to its emission system. 1 19 3. The state department of transportation shall cooperate 1 20 with the department of natural resources in locating the motor 1 21 vehicle of an obvious motor vehicle polluter reported to the 1 22 department of natural resources. The department of natural 1 23 resources shall investigate a report by requiring the owner to 1 24 make the motor vehicle available for emissions testing by the 1 25 department of natural resources. If the pollutants that are 1 26 emitted are in violation of standards established by the 1 27 department of natural resources, the department of natural 1 28 resources shall issue a citation requiring the owner to repair 1 29 the motor vehicle in order to bring it into compliance with 1 30 the standards. The owner of the motor vehicle shall have the 1 31 right to choose the person who will repair the motor vehicle. 1 32 The offending motor vehicle shall not be operated until it has 1 33 been repaired to the satisfaction of the department, except in 1 34 association with repairing or retesting the offending motor 1 35 vehicle. 2 1 4. A person operating a motor vehicle in violation of this 2 2 section is guilty of a simple misdemeanor. Each separate 2 3 incident of operation of the motor vehicle shall be considered 2 4 a separate violation under this section. 2 5 EXPLANATION 2 6 This bill requires the department of natural resources to 2 7 establish emittance standards with which all motor vehicles 2 8 registered within the state shall comply. The emittance 2 9 standards established by the department of natural resources 2 10 shall not be stricter than the federal emittance standards 2 11 already imposed on new motor vehicles under the federal Clean 2 12 Air Act, 42 U.S.C. } 7521 et seq. 2 13 The department of natural resources shall establish a 2 14 program to allow persons to report obvious motor vehicle 2 15 polluters. The program includes the operation of a toll-free 2 16 telephone line by which persons may report obvious motor 2 17 vehicle polluters by leaving the polluter's registration plate 2 18 number. 2 19 The state department of transportation is to cooperate with 2 20 the department of natural resources in locating the motor 2 21 vehicle. The department of natural resources is to 2 22 investigate the report and test the emissions of the motor 2 23 vehicle. If the pollutants that are emitted are in violation 2 24 of standards established by the department of natural 2 25 resources, the department of natural resources shall issue a 2 26 citation requiring the owner to repair the motor vehicle in 2 27 order to bring it into compliance with the standards. The 2 28 owner of the motor vehicle has the right to choose the person 2 29 who will repair the motor vehicle. The offending motor 2 30 vehicle shall not be operated until it has been repaired to 2 31 the satisfaction of the department. However, the offending 2 32 motor vehicle may be operated strictly in association with 2 33 repairing or retesting the offending motor vehicle. 2 34 A person operating a motor vehicle in violation of this 2 35 section is guilty of a simple misdemeanor. A simple 3 1 misdemeanor is currently punishable by a fine of at least $50 3 2 but not to exceed $100, or imprisonment not to exceed 30 days 3 3 under Code section 903.1. Each separate incident of operation 3 4 of the motor vehicle is considered a separate violation. 3 5 LSB 2832YH 78 3 6 nh/cf/24
Text: HF00749 Text: HF00751 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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