2001 Montana Legislature

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SENATE BILL NO. 278

INTRODUCED BY D. BERRY, BALES, CHRISTIAENS, CLANCY, COLE, DALE, DAVIES, EKEGREN, ELLIS, GLASER, GRIMES, HARRINGTON, MAHLUM, D. MOOD, O'NEIL, ROUSH, TASH, F. THOMAS



A BILL FOR AN ACT ENTITLED: "AN ACT ELIMINATING THE AUTHORITY OF CITIES AND TOWNS TO BAN COMPETITION FROM PRIVATE GARBAGE AND SOLID WASTE DISPOSAL SERVICES PROVIDERS; PROVIDING THAT CITIES OR TOWNS THAT ARE THE EXCLUSIVE PROVIDERS OF GARBAGE AND SOLID WASTE DISPOSAL SERVICES MAY NOT REQUIRE THAT THEY BE THE EXCLUSIVE PROVIDERS AFTER JULY 1, 2004; AMENDING SECTIONS 7-2-4205, 7-2-4305, 7-2-4506, 7-2-4610, 7-2-4736, AND 7-13-4107, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."



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



     Section 1.  Section 7-2-4205, MCA, is amended to read:

     "7-2-4205.  Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:

     (1)  as provided in 7-2-4736; and

     (2)  in first-class cities when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed."



     Section 2.  Section 7-2-4305, MCA, is amended to read:

     "7-2-4305.  Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:

     (1)  as provided in 7-2-4736; and

     (2)  in first-class cities when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed."



     Section 3.  Section 7-2-4506, MCA, is amended to read:

     "7-2-4506.  Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:

     (1)  as provided in 7-2-4736; and

     (2)  in first-class cities, when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed."



     Section 4.  Section 7-2-4610, MCA, is amended to read:

     "7-2-4610.  Provision of services. In all cases of annexation under current Montana law, services must be provided according to a plan provided by the municipality as specified in 7-2-4732, except:

     (1)  as provided in 7-2-4736; and

     (2)  in first-class cities, when otherwise mutually agreed upon by the municipality and the real property owners of the area to be annexed."



     Section 5.  Section 7-2-4736, MCA, is amended to read:

     "7-2-4736.  Preservation of existing garbage or solid waste service in the event of annexation. (1) A municipality city or town that annexes or incorporates an additional area receiving garbage and solid waste disposal service by a motor carrier authorized by the public service commission to conduct such service may not, by ordinance or otherwise, elect or designate itself as the exclusive provider of provide competitive or similar garbage and solid waste disposal service services to any person or business located in the area AND MAY NOT ASSESS GARBAGE AND SOLID WASTE DISPOSAL SERVICE CHARGES ON PROPERTY FOR WHICH AN OWNER OR OCCUPANT HAS ELECTED TO RECEIVE GARBAGE AND SOLID WASTE DISPOSAL SERVICES FROM A MOTOR CARRIER AUTHORIZED TO PROVIDE GARBAGE AND SOLID WASTE DISPOSAL SERVICES WITHIN THE CITY OR COUNTY AND WHO POSSESSES A VALID CLASS D MOTOR CARRIER CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED BY THE PUBLIC SERVICE COMMISSION. for 5 years following annexation except:

     (a)  upon a proper showing to the public service commission that the existing carrier is unable or refuses to provide adequate service to the annexed or incorporated area; or

     (b)  after the expiration of 5 years, if a majority of the residents of the annexed or incorporated area sign a petition requesting the municipality to provide the service.

     (2)  If a proper showing is made that the existing carrier is unable or refuses to provide adequate service to the annexed or incorporated area or, after the expiration of 5 years, if a majority of the residents sign a petition requesting service from the municipality, the municipality may provide garbage and solid waste disposal service to the entire annexed or incorporated area.

     (3)  For the purposes of determining whether an existing motor carrier provides adequate service, those services provided by the carrier prior to annexation are considered adequate services."



     Section 6.  Section 7-13-4107, MCA, is amended to read:

     "7-13-4107.  Protection of private waste disposal service in municipality city or town. (1) A municipality, as of January 1, 1979, that receives garbage and solid waste disposal services from a private motor carrier authorized by the public service commission to provide such service city or town may not, by ordinance or otherwise, elect to provide exclusive garbage and solid waste service services within the jurisdiction of the city or town AND MAY NOT ASSESS GARBAGE AND SOLID WASTE SERVICE CHARGES ON PROPERTY FOR WHICH AN OWNER OR OCCUPANT HAS ELECTED TO RECEIVE GARBAGE AND SOLID WASTE SERVICES FROM A MOTOR CARRIER AUTHORIZED TO PROVIDE GARBAGE AND SOLID WASTE SERVICES WITHIN THE CITY OR TOWN AND WHO POSSESSES A VALID CLASS D MOTOR CARRIER CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED BY THE PUBLIC SERVICE COMMISSION unless the municipality pays the private motor carrier fair market value for his equipment or unless the municipality delays commencing the public service for a period of 5 years from the date of the decision by the municipality to provide the garbage and solid waste services. The private motor carrier shall be given notice of the decision by the municipality to provide exclusive garbage and solid waste services no later than 10 days after the decision has been made by the municipality.

     (2)  A city or town that is providing exclusive garbage and solid waste services within its jurisdiction as of [the effective date of this act] must comply with the provisions of subsection (1) no later than July 1, 2004."



     NEW SECTION.  Section 7.  Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.



     NEW SECTION.  Section 8.  Effective date. [This act] is effective on passage and approval.

- END -




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