SENATE BILL NO. 125

INTRODUCED BY W. CRISMORE

BY REQUEST OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A NEW SEPTIC DISPOSAL LICENSE LATE RENEWAL FEE FOR A PERSON ENGAGED IN THE BUSINESS OF CLEANING CESSPOOLS, SEPTIC TANKS, OR PRIVIES OR DISPOSING OF SEPTAGE WHEN THE PERSON HAS FAILED TO SUBMIT A LICENSE RENEWAL FEE PRIOR TO THE EXPIRATION OF THAT PERSON'S CURRENT LICENSE; SUBMITTING THE NEW LATE FEE TO THE ELECTORATE; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN EFFECTIVE DATE."

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

NEW SECTION. Section 1. License term, renewal, and fees. (1) A license expires on December 31 of each calendar year. A license is renewable in accordance with procedures established in rules adopted pursuant to [section 2 of Senate Bill No. 126] and upon receipt of the application provided for in subsection (2). A license is not transferable. If a person ceases to do business, the license terminates and the license must be returned to the department.

(2) An application for renewal of a license must be made on a form provided by the department. The application must contain:

(a) the full name and address of the licensee;

(b) a list of counties in which business is to be conducted during the renewal term;

(c) a list of disposal sites that the licensee intends to use during the renewal term;

(d) for each disposal site listed pursuant to subsection (2)(c), but not previously listed by the licensee for the year immediately preceding the renewal year:

(i) a certification by the local health officer or the local health officer's representative in the county in which the site is located that the site meets all applicable state and local requirements; and

(ii) written permission to use the site signed by the owner, manager, or other person authorized to give permission to use the site; and

(e) any additional information required by the department by rule.

(3) The fee for a license, including renewal of a license, is $125, payable to the department at the time of application for the license or renewal. A federal agency, city, town, county, or other political subdivision is not required to pay the license fee. A city, town, county, or other political subdivision, including a federal agency if allowed by federal law, shall comply with all other requirements of [sections 1 through 10 of LC 194]. The department shall annually return 40% of the fees to the county where the fees were collected. The state portion of the fee must be deposited in the account provided for in [section 10 of LC 194]. The county portion of the fee must be used to defer the cost of the county to enforce [sections 1 through 10 of LC 194].

(4) In addition to the license fee required under subsection (3), the department shall collect a late fee from any person that has failed to submit a license fee between January 31 and April 1 of a renewal year and that operates a business governed by [sections 1 through 10 of LC 194] in the licensing renewal year. The late fee is $125 and must be deposited in the account provided for in [section 10 of LC 194]. The late fee is the exclusive remedy for the late payment of a renewal fee.

NEW SECTION. Section 2. Submission to electorate. This act 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 A NEW TAX DESCRIBED AS FOLLOWS BE IMPOSED?

[]	FOR establishing a septic disposal late renewal license fee of $125 .

[]	AGAINST establishing a septic disposal late renewal license fee of $125 .

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 July 1, 1999.

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