Montana LC LC1438
UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT REMOVING THE REQUIREMENT TO HAVE A CLASS D MOTOR CARRIER CERTIFICATE IN ORDER TO ENGAGE IN THE BUSINESS OF HAULING GARBAGE OUTSIDE THE LIMITS OF AN INCORPORATED CITY OR TOWN; PROVIDING THAT A CLASS D MOTOR CARRIER CERTIFICATE IS NOT REQUIRED FOR THE REMOVAL OF MATERIAL FROM A CONSTRUCTION SITE; PROVIDING THAT A MOTOR CARRIER CERTIFICATE IS NOT EFFECTIVE AFTER THE REQUIREMENT TO HAVE A MOTOR CARRIER CERTIFICATE IS REMOVED; REMOVING THE REQUIREMENT THAT EXISTING GARBAGE AND SOLID WASTE SERVICES MUST BE PRESERVED IN THE EVENT OF AN ANNEXATION; AMENDING SECTIONS 7-2-4205, 7-2-4305, 7-2-4506, 7-2-4610, 69-12-301, 69-12-314, AND 69-12-323, MCA; AND REPEALING SECTION 7-2-4736, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-2-4205, MCA, is amended to read:
"7-2-4205. Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:
(1) as provided in 7-2-4736; and
(2) in first-class cities when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed."
Section 2. Section 7-2-4305, MCA, is amended to read:
"7-2-4305. Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:
(1) as provided in 7-2-4736; and
(2) in first-class cities when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed."
Section 3. Section 7-2-4506, MCA, is amended to read:
"7-2-4506. Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:
(1) as provided in 7-2-4736; and
(2) in first-class cities, when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed."
Section 4. Section 7-2-4610, MCA, is amended to read:
"7-2-4610. Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:
(1) as provided in 7-2-4736; and
(2) in first-class cities, when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed."
Section 5. Section 69-12-301, MCA, is amended to read:
"69-12-301. Classification of motor carriers. (1) Motor carriers are divided into four classes to be known as:
(a) Class A motor carriers;
(b) Class B motor carriers;
(c) Class C motor carriers; and
(d) Class D motor carriers.
(2) Class A motor carriers include all motor carriers operating between fixed termini or over a regular route and under regular rates or charges, based upon either station-to-station rates or upon a mileage rate or scale.
(3) Class B motor carriers include all motor carriers operating under regular rates or charges based upon either station-to-station rates or upon a mileage rate or scale and not between fixed termini or over a regular route.
(4) Class C motor carriers include all motor carriers where for which the remuneration is fixed in and the transportation service is furnished under a contract, charter, agreement, or undertaking.
(5) Class D motor carriers include all motor carriers operating motor vehicles transporting garbage within the limits of an incorporated city or town."
Section 6. Section 69-12-314, MCA, is amended to read:
"69-12-314. Class D motor carrier certificate. (1) Class D carriers shall conduct operations pursuant to a certificate of public convenience and necessity issued by the commission authorizing the transportation of the commodities described in 69-12-301(5). Class D carriers when applying for a new or additional authority shall file an application with the commission in accordance with the requirements of this chapter and the rules of the commission.
(2) A motor carrier may not possess a Class D motor carrier certificate or operate as a Class D motor carrier unless the motor carrier actually engages in the transportation of garbage on a regular basis as part of the motor carrier's usual business operation.
(3) A Class D motor carrier certificate is not required for the removal of material from a construction site within the limits of an incorporated city or town."
Section 7. Section 69-12-323, MCA, is amended to read:
"69-12-323. Decision on application. (1) The commission must shall issue, within 180 days from and after the date of the completed filing of said an application, its finding, order, or decision on said the application and the evidence presented in support thereof of the application at the time of said the hearing. The commission may extend the foregoing time for the decision to a date requested by the applicant.
(2) (a) If after a hearing upon an application for a certificate, the commission finds from the evidence that public convenience and necessity require the authorization of the service proposed or any part thereof of the service, as the commission shall determine determines, a certificate therefor shall must be issued. In determining whether a certificate should be issued, the commission shall give reasonable consideration to:
(i) the transportation service being furnished or that will be furnished by any railroad or other existing transportation agency;
(ii) and shall give due consideration to the likelihood of the proposed service being permanent and continuous throughout 12 months of the year; and
(iii) the effect which that the proposed transportation service may have upon other forms of transportation service which that are essential and indispensable to the communities to be affected by such the proposed transportation service or that might be affected thereby by the proposed transportation service.
(b) For purposes of Class D certificates, a determination of public convenience and necessity may include a consideration of competition.
(3) The commission may issue the certificate as prayed for requested or issue it for the partial exercise only of the privilege sought and may attach to the exercise of the rights granted by such the certificate such terms and conditions as that in its judgment the public convenience and necessity may require. When a certificate has once been issued to a motor carrier as provided in this part, such the certificate shall must continue in force until terminated by the commission for cause as herein provided in this part, or until terminated by the owner's failure to comply with 69-12-402, or until the requirement for a certificate is removed."
NEW SECTION. Section 8. Repealer. Section 7-2-4736, MCA, is repealed.
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