House Bill No. 531

Introduced By swanson, grady, grinde, ryan, tash, menahan

A Bill for an Act entitled: An Act clarifying county motor vehicle recycling and disposal program responsibilities; specifying that junk vehicle fluid removal must be funded by junk vehicle revenue; increasing the annual payment to counties for junk vehicle programs; allowing the department of environmental quality to increase the annual county payment; amending sections 75-10-521, 75-10-532, and 75-10-534, MCA; and providing an effective date AND A TERMINATION DATE.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 75-10-521, MCA, is amended to read:

"75-10-521.  Powers and duties of county motor vehicle recycling and disposal programs. (1) (a) Each county shall acquire, develop, and maintain property for free motor vehicle graveyards. The property may be acquired by purchase, lease, or otherwise.

(b)  As an alternative, the county may contract for the maintenance and operation of a motor vehicle graveyard or graveyards, but any such contract may be entered into only with a motor vehicle wrecking facility licensed under the provisions of this part.

(2)  Two or more counties may join to form a district for the purpose stated in this section. If a district is formed, all provisions of this part pertaining to a county also apply to a district formed under this subsection.

(3)  When there is an accumulation of at least 200 junk vehicles in the graveyard, the county shall notify the department for disposal purposes.

(4)  The county commissioners of each county shall designate a representative to be responsible for implementing this part.

(5)  Each county, through its designated representative, shall inspect each licensed motor vehicle wrecking facility within its boundaries, consistent with rules adopted by the department.

(6)  Each county may sell junk vehicles from the motor vehicle graveyard to licensed motor vehicle wrecking facilities. The sales may be conducted only pursuant to a plan that has been approved by the department for consistency with its rules.

(7)  A county shall submit to the department for approval a plan for the collection of junk vehicles and the establishment and operation of the motor vehicle graveyard.

(8)  The county shall submit to the department for approval a proposed budget for the succeeding fiscal year. The budget shall must be for the amounts required by the county for collection costs, acquisition, maintenance, and operation of the graveyard and for other duties relating to implementation of this part. The county is not responsible for the implementation of this part after its budget has been expended. Any proposed change in the budget or plan must be approved by the department."

Section 2.  Section 75-10-532, MCA, is amended to read:

"75-10-532.  Disposition of money collected. All money received from the sale of the junk vehicles or from recycling of the material and all motor vehicle wrecking facility license fees and fees collected as motor vehicle disposal fees must be deposited with the state treasurer. to be These funds must be used for the control, collection, recycling, and disposal of junk vehicles and component parts and for fluid removal from junk vehicles."

Section 3.  Section 75-10-534, MCA, is amended to read:

"75-10-534.  Department to pay approved county budget. (1) The department shall pay to a county the amount of the approved junk vehicle collection and graveyard budget of the county. The yearly payment may not exceed $1 $1 for each motor vehicle under 8,001 pounds gross vehicle weight that is licensed in that county. However, for those counties that have fewer than 5,000 such motor vehicles, the department may pay up to $5,000 $5,000, providing the county can justify this payment. Counties realizing revenue from the sale of junk vehicles shall return to the state junk vehicle program revenue account money equal to the salvage value of each vehicle sold. The salvage value of a vehicle must be the average contract value of a crushed ton of junk vehicles as determined by the statewide salvage bids received by the department during the current fiscal year. Any additional revenue realized from the sale of junk vehicles may be retained by the county for use in the county's junk vehicle program in addition to the approved junk vehicle collection and graveyard budget of the county.

(2) If a county has an approved fluid removal program in place or will have an approved fluid removal program operable by July 1, 1999, the department shall pay to the county an additional 25 cents for each motor vehicle under 8,001 pounds gross vehicle weight that is licensed in that county, and for a county that has fewer than 5,000 motor vehicles, the department shall pay an additional $1,250.

(3) The department may increase the amount paid to counties under subsection (1) by up to 10 cents each year for each vehicle to a total payment of $2 a year for each motor vehicle under 8,001 pounds gross vehicle weight that is licensed in a county."

Section 4.  Effective date. [This act] is effective July 1, 1997.

Section 5.  Termination. [Section 3(2)] terminates June 30, 2003.

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