HOUSE BILL NO. 322

INTRODUCED BY D. FUCHS

A BILL FOR AN ACT ENTITLED: "AN ACT EXTENDING THE INSPECTION REQUIREMENTS FOR ELEVATORS TO OTHER CONVEYANCES; SUBMITTING THE EXTENSION OF THE INSPECTION FEE TO NEW PARTIES TO THE ELECTORATE; AMENDING SECTION 50-60-701, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 50-60-701, MCA, is amended to read:

"50-60-701. Inspection of elevators, escalators, dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts -- fees. (1) All elevators, escalators , dumbwaiters, including dumbwaiters with automatic transfer devices, moving walks, material lifts, wheelchair lifts, and stairway chairlifts must be inspected by the department to ensure compliance with the requirements of the state building code. The department shall charge a fee of $100 for inspection of an elevator and $70 for inspection of any other conveyance pursuant to this section.

(2) In lieu of inspection by the department, inspections to ensure compliance with the state building code may be made by:

(a) a maintenance company representative certified by the department who regularly maintains or services the equipment subject to the provisions of this part; or

(b) an insurance company representative certified by the department who regularly inspects equipment, subject to the provisions of this part, that is insured by the company against public liability if the company maintains a service record on the equipment.

(3) When an inspection is made pursuant to subsection (2), a copy of the condition report must be provided to the owner and must be sent to the department. The department may not charge more than $10 for receiving and processing a condition report for each individual piece of equipment in a building and for issuing a certificate of inspection for the piece of equipment if the certified maintenance or insurance company inspector doing the inspection certifies to the department that all deficient conditions noted in the condition report have been corrected and that followup by the department in that regard is not necessary.

(4) This section does not apply to private residences or to farm and ranch operations."

NEW SECTION. Section 2. Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the tax election to be held in 1999 by printing on the ballot the full title of this act and the following:

SHALL THE INSPECTION OF PUBLIC CONVEYANCE FEE TAX BE INCREASED ANNUALLY BY IMPOSING THE FEE ON NEW CONVEYANCES IN THE FOLLOWING MANNER?

[]	FOR increasing those conveyances upon which the inspection or processing fee is imposed.

[]	AGAINST increasing those conveyances upon which the inspection or processing fee is imposed.

NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then this act is void.

NEW SECTION. Section 4. Effective date. If approved by the electorate, this act is effective January 1, 2000.

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