SENATE BILL NO. 366

INTRODUCED BY S. BARTLETT

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING LOCAL GOVERNMENTS TO REMOVE, RECYCLE, AND DISPOSE OF ABANDONED AND DESERTED MOBILE HOMES; AUTHORIZING THE USE OF COUNTY JUNK VEHICLE PROGRAM FUNDS FOR THE PURPOSE; REQUIRING STATE APPROVED PLANS PRIOR TO REIMBURSEMENT OF COSTS; DESCRIBING ALLOWABLE COSTS; AMENDING SECTION 75-10-532, MCA; AND PROVIDING AN EFFECTIVE DATE."

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

NEW SECTION. Section 1. Findings and purpose. The legislature finds that there are numerous abandoned and deserted mobile homes throughout Montana and that in many cases, the condition of these structures may adversely affect surrounding property values and may adversely affect the public health, safety, and welfare. The legislature finds that current state law does not provide local governments with a method or a funding source to address the removal, recycling, and disposal of abandoned and deserted mobile homes. The purpose of [sections 1 through 6] is to provide counties with the authority and the funding to remove abandoned and deserted mobile homes from public or private property in the state.

NEW SECTION. Section 2. Definitions. Unless the context requires otherwise, in [sections 1 through 6] the following definitions apply:

(1) "Abandoned and deserted" means the cessation of use or activity with no intention by any person authorized to do so to reclaim or use again.

(2) "Department" means the department of environmental quality provided for in 2-15-3501.

(3) "Mobile home" has the meaning provided in 15-24-201.

(4) "Person" means any individual, firm, partnership, company, association, corporation, city, town, local government entity, or any other governmental or private entity, whether organized for profit or not.

(5) "Release" means a document used for the transfer of all ownership interest, possessory, fiduciary, or otherwise, in an abandoned and deserted mobile home when the title is unavailable.

NEW SECTION. Section 3. Adoption of rules. The department may adopt rules necessary for the administration of [sections 1 through 6], including but not limited to rules pertaining to:

(1) the reimbursement of county expenses for the removal, recycling, and disposal of abandoned and deserted mobile homes;

(2) the content, review, and approval of county plans and proposals to implement an abandoned and deserted mobile home removal, recycling, and disposal project or program; and

(3) the development of budget and fiscal forms and procedures to account for funds expended under [sections 1 through 6].

NEW SECTION. Section 4. Powers and duties of county abandoned and deserted mobile home removal, recycling, and disposal programs. (1) A county may develop a plan to address the removal, recycling, and disposal of abandoned and deserted mobile homes. The plan must include:

(a) the procedures that the county will use to require the owner of the abandoned and deserted mobile home, if any, or the owner of the property upon which the mobile home is situated to remove the mobile home prior to the expenditure of public funds;

(b) procedures and forms that the county will use to obtain permission from the owner of the mobile home, if any, and the owner of the property upon which the mobile home is situated to enter onto the property and take possession of the abandoned and deserted mobile home and remove it for recycling and disposal; and

(c) the county's projected costs and methods anticipated to be used for the removal, recycling, and disposal of abandoned and deserted mobile homes.

(2) A county may not be reimbursed as provided in this section for its costs incurred in the removal, recycling, and disposal of an abandoned and deserted mobile home unless a plan developed under subsection (1) and any rules adopted pursuant to [sections 1 through 6] is submitted to and approved by the department.

(3) By obtaining a signed title or a signed release of ownership from a person who has the right of ownership, a county may take possession of an abandoned and deserted mobile home for the purposes of removal, recycling, and disposal.

(4) A county that incurs costs in the removal, recycling, and disposal of an abandoned and deserted mobile home, less any proceeds gained by the county through the sale of any salvable materials, may be reimbursed by that county's junk vehicle funds available to the county pursuant to Title 75, chapter 10, part 5, except that those funds may not be used for any of the following:

(a) legal or administrative costs incurred by the county in arranging for the release of an abandoned and deserted mobile home;

(b) legal costs that may be incurred as a result of the actual removal, recycling, or disposal of an abandoned and deserted mobile home;

(c) storage costs; or

(d) any costs, if the abandoned and deserted mobile home is reused as a structure for any purpose by any person.

NEW SECTION. Section 5. Disposal of abandoned and deserted mobile homes. Abandoned and deserted mobile homes removed, recycled, and disposed of under [sections 1 through 6] must be recycled and disposed of in an environmentally sound manner and in accordance with the provisions of Title 75, chapter 10, part 2. This section does not prohibit the salvaging or other preparation or treatment of the abandoned and deserted mobile home prior to its removal, recycling, and disposal.

NEW SECTION. Section 6. Counties to report costs -- maximum cost. Counties with approved plans in accordance with [sections 1 through 6] shall report to the department the costs incurred in the implementation of [sections 1 through 6] separately as part of the budget reporting requirements of 75-10-521. The reimbursable costs incurred for the removal, recycling, and disposal of abandoned and deserted mobile homes may not exceed 20% of the county's allowable fiscal year budget as determined by 75-10-534.

Section 7. 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 junk vehicle 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 used for the control, collection, recycling, and disposal of junk vehicles and component parts and for the removal, recycling, and disposal of abandoned and deserted mobile homes."

NEW SECTION. Section 8. Codification instruction. [Sections 1 through 6] are intended to be codified as an integral part of Title 75, chapter 10, and the provisions of Title 75, chapter 10, apply to [sections 1 through 6].

NEW SECTION. Section 9. Effective date. [This act] is effective July 1, 1999.

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