House Bill No. 594
Introduced By _______________________________________________________________________________
By Request of the Natural Resources and Commerce Subcommittee
A Bill for an Act entitled: "An Act eliminating the board of passenger tramway safety; eliminating the functions and duties of the board of passenger tramway safety; amending sections 23-2-702, 23-2-734, and 50-60-104, MCA; repealing sections 2-15-1896, 23-2-701, 23-2-705, 23-2-711, 23-2-712, 23-2-713, 23-2-714, 23-2-715, 23-2-716, 23-2-717, 23-2-718, 23-2-721, 23-2-722, 23-2-723, 23-2-724, 23-2-725, and 23-2-732, MCA; and providing an effective date."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 23-2-702, MCA, is amended to read:
"23-2-702. Definitions. As used in this part, the following definitions apply:
(1) "Area" means the area, terrain, or ski slopes served by a passenger tramway. (2) "Board" means the board of passenger tramway safety provided for in 2-15-1896. (3) "Industry" means the passenger tramway business activities of all those persons in the state who own, manage, or direct
the operation of passenger tramways. (4) "Operator" means a person, including any political subdivision or instrumentality thereof, who owns, manages, or
directs the operation of a passenger tramway. (5)(1) "Passenger tramway" means a device used to transport passengers by means of any of the following:
(a) two-car aerial passenger tramway, a device used to transport passengers in two open or enclosed cars attached to and suspended from a moving wire rope or attached to a moving wire rope and supported on a standing wire rope or similar devices;
(b) multicar aerial passenger tramway, a device used to transport passengers in several open or enclosed cars or carrying device attached to and suspended from a moving wire rope or attached to a moving wire rope and supported on a standing wire rope or similar devices;
(c) skimobile, a device in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable or similar devices;
(d) chair lift, a type of transportation on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain, or link belt supported by trestles or towers with one or more spans or similar devices;
(e) a J-bar, T-bar, or platterpull, so-called, and similar types of devices or means of transportation
which that pull skiers
riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans;
(f) rope tow, a type of transportation
which that pulls the skier, riding on skis as the skier grasps the rope or wire rope
manually, or similar devices.
(2) "Ski area operator" or "operator" means a person, firm, or corporation and its agents and employees having operational and administrative responsibility for ski trails and improvements.
(3) "Skier" means a person admitted to a ski area or using the ski trails, areas, and other improvements within the ski area. The term does not include a person using an aerial passenger tramway.
(4) "Ski trails" means those areas designated by the ski area operator to be used by skiers for the purpose of participating in the sport of skiing."
Section 2. Section 23-2-734, MCA, is amended to read:
"23-2-734. Duties of operator with respect to passenger tramways. A ski area operator shall construct, operate,
maintain, and repair any passenger tramway
in accordance with the rules of the board. However, nothing in this section
relieves an An operator from has the duty of taking whatever other actions are necessary to properly construct, operate,
maintain, and repair a passenger tramway."
Section 3. Section 50-60-104, MCA, is amended to read:
"50-60-104. Inspection fees. The department shall establish a schedule of fees and may collect fees for the inspection of
plans and specifications and for the inspection of buildings, factory-built buildings, recreational vehicles,
tramways, or any
other facility or structure."
NEW SECTION. Section 4. Repealer. Sections 2-15-1896, 23-2-701, 23-2-705, 23-2-711, 23-2-712, 23-2-713, 23-2-714, 23-2-715, 23-2-716, 23-2-717, 23-2-718, 23-2-721, 23-2-722, 23-2-723, 23-2-724, 23-2-725, and 23-2-732, MCA, are repealed.
NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 1997.