Montana code annotated

1652 Pages·1999·150.4 MB·English

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CODE
ANNOTATED

DEC 13 2016 MONTANA CODE ANNOTATED
Adopted by Chapter 1, Laws of 1979
Bene Commissioner & Director of Legal Services
Ul ERsit hoe ted - Gregory J. Petesch
Staff Attorneys
Bart Campbell Lee Heiman
Valencia Lane Eddye McClure
John MacMaster David Niss
Doug Sternberg, Legal Researcher
Legislative Editors
Carol Ann Jacobsen, Chief Editor Sally Bush, Sr. Editor
Sallie Melcher, Editor I
Indexer
Nadine E. Wallace
Office of Legislative Information Technology
Hank Trenk - Director
Programmer/Analyst Systems Analyst
Jim Gordon Tom Mulvaney
Central Services Office
Robert Person - Director
Document Services Manager Distribution
Ann Patten Kevin Hayes
Proofreaders Data Entry
Kip Davis Connie Dixon
Anne Neill Mark Reese
Typesetting
Kevin Hayes
Ann Patten
Published and Distributed by
Montana Legislative Services Division
3018 Park Ave Rm 410 nec
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3 St Helena, MT 59620- 1706 -
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MONTANA CODE ANNOTATED
1999
CONTENTS
Volume 1 Volume 6
Titles
Preface 35. Corporations, Partnerships, and
Associations
CONSTITUTION 36. Reserved
37. Professions and Occupations
Titles 38. Reserved
1. General Laws and Definitions 39. Labor
2. Government Structure and Administration
3. Judiciary, Courts Volume 7
4. Reserved Titles
5. Legislative Branch 40. Family Law
6. Reserved 41. Minors
42. Adoption
Volume 2 43. Reserved
Titles 44, Law Enforcement
7. Local Government 45. Crimes
8 and 9. Reserved 46. Criminal Procedure
10. Military Affairs and Disaster and 47 and 48. Reserved
Emergency Services 49. Human Rights
11 and 12. Reserved
13. Elections Volume 8
14. Reserved Titles
50. Health and Safety
Volume 3 51. Reserved
Titles 52. Family Services
15. Taxation 53. Social Services and Institutions
16. Alcohol and Tobacco 54-59. Reserved
17. State Finance 60. Highways and Transportation
18. Public Contracts 61. Motor Vehicles
19. Public Retirement Systems 62-66. Reserved
67. Aeronautics
Volume 4 68. Reserved
Titles
20. Education Volume 9
21. Reserved Titles
22. Libraries, Arts, and Antiquities 69. Public Utilities and Carriers
23. Parks, Recreation, Sports, and Gambling 70. Property
24. Reserved 71. Mortgages, Pledges, and Liens
25. Civil Procedure 72. Estates, Trusts, and Fiduciary Relationships
26. Evidence 73 and 74. Reserved
27. Civil Liability, Remedies, and Limitations 75. Environmental Protection
28. Contracts and Other Obligations 76. Land Resources and Use
29. Reserved 77. State Lands
78 and 79. Reserved
Volume 5
Titles Volume 10
30. Trade and Commerce Titles
31. Credit Transactions and Relationships 80. Agriculture
32. Financial Institutions 81. Livestock
33. Insurance and Insurance Companies 82. Minerals, Oil, and Gas
34. Reserved 83 and 84. Reserved
85. Water Use
86. Reserved
87. Fish and Wildlife
88 and 89. Reserved
90. Planning, Research, and Development
91-99. Reserved
INDEX
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TITLE 69
PUBLIC UTILITIES AND CARRIERS
Structure and Organization of State Agencies.
General Regulatory Provisions.
Regulation of Utilities. .
Utility Lines and Facilities.
Power and Energy Companies.
Communication Utilities.
Municipal Utilities.
UOwWPN YEEIlEec triBc Uti lity Industry Restructuring.
Chapters 9 and 10 reserved.
Regulation of Carriers.
Motor Carriers.
Pipeline Carriers.
amC oD Ra ilroads.
CHAPTER 1
STRUCTURE AND ORGANIZATION
OF STATE AGENCIES
Part 1— Public Service Commission
69-1-101. Definition of commission.
69-1-102. Creation of public service commission.
69-1-103. Composition of commission.
69-1-104. Public service commission districts.
69-1-105. Term of office — term limits.
69-1-106. Vacancies.
69-1-107. Chairman of commission. —
69-1-108. Secretary of commission.
69-1-109. Employment of personnel.
69-1-110. Conduct of commission business.
69-1-111. Reimbursement for expenses.
69-1-112. Prohibition on acceptance of favors from railroads.
69-1-113. Removal or suspension of commissioner.
69-1-114. Fees.
Part 2— Consumer Committee and Consumer Counsel
69-1-201. Definitions.
69-1-202 through 69-1-210 reserved.
69-1-211. Meetings of committee.
69-1-212. Compensation of committee members.
69-1-213 through 69-1-220 reserved.
69-1-221. Staff of consumer counsel.
69-1-222. Annual report.
69-1-223. Funding of office of consumer counsel.
69-1-224. Determination of fee.
69-1-225. Computation and collection of fee in absence of statement — penalty and interest.
69-1-226. Failure to pay fee — penalty and interest — collection of fee.
69-1-227. Warrant for distraint.
69-1-228. Credit for overpayment — interest on overpayment.
69-1-229 reserved.
69-1-230. Statute of limitations.
69-1-101 PUBLIC UTILITIES AND CARRIERS 2
Part 3 reserved
Part 4— Funding of Department
of Public Service Regulation
69-1-401. Definitions.
69-1-402. Funding of the department of public service regulation.
69-1-403. Determination and collection of fee.
69-1-404. Repealed.
Chapter Cross-References Review of decisions by State Tax Appeal
Department of Public Service Regulation, Board, 15-2-303.
2-15-2601. Inapplicability of Montana Unfair Trade
Effect of local government utility services Practices and Consumer Protection Act of
law, 7-13-4310. 1973, 30-14-105.
Limitation on contributions to candidates Rural cooperative utilities, Title 35, ch. 18.
for Public Service Commission, 13-37-216. Pacific Northwest Electric Power and
Candidates’ election reports, 13-37-225 Conservation Planning Council, Title 90, ch. 4,
through 13-37-231. part 4.
Part 1
Public Service Commission
69-1-101. Definition of commission. As used in this title, the term
“commission” means the public service commission provided for in 2-15-2602.
History: En. by Code Commissioner, 1979.
69-1-102. Creation of public service commission. A public service
commission is hereby created, whose duty it is to supervise and regulate the
operations of public utilities, common carriers, railroads, and other regulated
industries listed in this title. Such supervision and regulation shall be in
conformity with this title.
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879,
R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part); amd. Sec. 1, Ch. 43,
L. 1979.
Cross-References Municipal regulation of railways and street
Commission as head of Department of railroads, Title 7, ch. 14, part 43.
Public Service Regulation, 2-15-2601. Regulation of utilities, Title 69, ch. 3.
Creation of Public Service Commission, Supervision and regulation of motor
2-15-2602. carriers, 69-12-201.
Regulation of railroads, Title 69, ch. 14.
69-1-103. Composition of commission. The commission shall consist
of five members, who shall be qualified electors of the district from which they
are elected, with each such member elected from a separate district of the state.
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879,
R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part)..
Cross-References
Composition of Public Service Commission,
2-15-2602.
69-1-104. Public service commission districts. In this state there are
five public service commission districts, with one commissioner elected from
each district, distributed as follows: |
3 STRUCTURE AND ORGANIZATION 69-1-107
OF STATE AGENCIES
(1) first district: Blaine, Chouteau, Daniels, Dawson, Fergus, Garfield,
Glacier, Golden Valley, Hill, Liberty, McCone, Musselshell, Petroleum,
Phillips, Pondera, Prairie, Richland, Roosevelt, Sheridan, Toole, Valley, and
Wibaux Counties;
(2) second district: Big Horn, Carbon, Carter, Custer, Fallon, Powder
River, Rosebud, Stillwater, Sweet Grass, Treasure, and Yellowstone Counties;
(3) third district: Broadwater, Cascade, Jefferson, Judith Basin, Lewis and
Clark, Meagher, Teton, and'Wheatland Counties;
(4) fourth district: Beaverhead, Deer Lodge, Gallatin, Granite, Madison,
Park, Powell, Ravalli, and Silver Bow Counties;
(5) fifth district: Flathead, Lake, Lincoln, Mineral, Missoula, and Sanders
Counties.
History: En. 70-101.1 by Sec. 2, Ch. 339, L. 1974; R.C.M. 1947, '70-101.1.
69-1-105. Term of office — term limits. (1) A term is for a period of 4
years. A commissioner when elected shall qualify at the time and in the manner
provided by law for other state officers and shall take office on the first Monday
of January after the election.
(2) Acommissioner shall serve until a successor is elected and qualified.
(3) The secretary of state or other authorized official may not certify a
candidate’s nomination or election to the public service commission or print or
cause to be printed on any ballot the name of a candidate for the public service
commission if, at the end of the current term of that office, the candidate will
have served in that office or, had the candidate not resigned or been recalled,
would have served in that office for 8 or more years in a 16-year period.
(4) When computing the time served for the purposes of subsection (3),
the provisions of subsection (3) do not apply to time served in terms that ended
during or prior to January 1995.
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879,
R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part); amd. Sec. 1, Ch.
271, L. 1995.
Cross-References Term of office, 2-15-2602.
Limitation on terms of office, Art. IV, sec.
8, Mont. Const.
69-1-106. Vacancies. Any vacancy occurring in the commission shall be
filled by appointment by the governor. Such appointee shall hold office until
the next general election and until his successor is elected and qualified. At the
biennial election following the occurrence of any vacancy in the commission,
there shall be elected one member to fill out the unexpired term for which such
vacancy exists.
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879,
R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part).
Cross-References Powers and duties of Governor, 2-15-201.
Vacancy in Executive Branch office, Art.
VI, sec. 6 and 14, Mont. Const.; Title 2, ch. 16,
part 5.
69-1-107. Chairman of commission. A chairman shall be selected by
the commission from its membership at the first meeting of each year after a
general election.
69-1-108 PUBLIC UTILITIES AND CARRIERS 4
History: En. Sec. 1, Ch. 52, L. 1913; re-en. Sec. 3879, R.C.M. 1921; re-en. Sec. 3879,
R.C.M. 1935; amd. Sec. 1, Ch. 339, L. 1974; R.C.M. 1947, 70-101(part).
Cross-References
Commission as head of Department of
Public Service Regulation, 2-15-2601. =
69-1-108. Secretary of commission. (1) The commission shall,
immediately after its members have qualified, appoint a secretary to serve
during the pleasure of the commission. The secretary shall be a qualified elector
of the state.
(2) The secretary shall:
(a) keep a full and complete record of all proceedings of the commission;
(b) be the custodian of its records and file and preserve at the office of the
commission all books, maps, documents, and papers entrusted to his care and
be responsible to the commission for the same; and
(c) perform such other duties as the commission may prescribe.
History: (1)En. Sec. 5, Ch. 37, L. 1907; Sec. 4367, Rev. C. 1907; re-en. Sec. 3783,
R.C.M. 1921; rep. in part by Ch. 176, L. 1931; re-en. Sec. 3783, R.C.M. 1935; Sec. 72-105,
R.C.M. 1947; (2)En. Sec. 9, Ch. 37, L. 1907; Sec. 4371, Rev. C. 1907; re-en. Sec. 3790, R.C.M.
1921; re-en. Sec. 3790, R.C.M. 1935; Sec. 72-112, R.C.M. 1947; R.C.M. 1947, 72-105(part),
72-112; amd. Sec. 2, Ch. 43, L. 1979.
69-1-109. Employment of personnel. The commission shall also have
the power to appoint stenographers, inspectors, experts, and other persons
whenever deemed expedient or necessary by said commission to the proper
performance of its duties.
History: En. Sec. 5, Ch. 37, L. 1907; Sec. 4367, Rev. C. 1907; re-en. Sec. 3783, R.C.M.
1921; rep. in part by Ch. 176, L. 1931; re-en. Sec. 3783, R.C.M. 1935; R.C.M. 1947,
72-105(part).
Cross-References
State employee classification,
compensation, and benefits, Title 2, ch. 18.
69-1-110. Conduct of commission business. (1) The commission shall
hold sessions at times and places in this state as may be expedient. A majority
of the commission constitutes a quorum for the transaction of business.
(2) The members of the commission may administer oaths and
affirmations.
(3) The commission may adopt rules to govern its proceedings and to
regulate the mode and manner of all investigations and hearings concerning
railroad companies and. other parties before it in the establishment of rates,
orders, charges, and other acts required of it under the law.
History: En. Sec. 3, Ch. 37, L. 1907; Sec. 4365, Rev. C. 1907; re-en. Sec. 3781, R.C.M.
1921; re-en. Sec. 3781, R.C.M. 1935; amd. Sec. 10, Ch. 315, L. 1974; R.C.M. 1947, 72-103.
Cross-References Adoption and publication of rules, Title 2,
Public participation in governmental ¢h.4,part3. ; ;
operations, Art. II, sec. 8, Mont. Const.; Title 2, Investigations by Public Service
ch. 3. Commission, 69-2-102.
69-1-111. Reimbursement for expenses. The commission, secretary,
and such clerks, experts, and persons as may be employed shall be entitled to
receive from the state their expenses while traveling on the business of the
commission, as provided for in 2-18-501 through 2-18-503. Such expenditure