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Introduced Version House Bill 2017 History

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H. B. 2017

 

         (By Delegates Marshall and Fleischauer)

         [Introduced January 12, 2011; referred to the

         Committee on Political Subdivisions then the Judiciary.]

 

 

 

 

A BILL to amend and reenact §24A-2-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §24A-3-1 of said code, all relating to the Public Service Commission; common carriers by motor vehicles; contract carriers by motor vehicles; modifying the commission’s role in controlling certain services for solid waste collections and taxi service in Class I and Class II cities; and authorizing Class I and Class II cities to enact ordinances governing additional standards pertaining to their particular service areas and direct the issuing of permits and develop oversight requirements to solid waste collection operators and licensing of taxi company operators.

Be it enacted by the Legislature of West Virginia:

    That §24A-2-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §24A-3-1 of said code be amended and reenacted, all to read as follows:

ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.

§24A-2-1. Subject to public utility and common carrier laws.

    All common carriers by motor vehicle are hereby declared to be affected with a public interest and subject to the laws of this state now in force or that hereafter may be enacted pertaining to public utilities and common carriers as far as applicable, and not in conflict herewith.

    The Legislature further declares that cities are accountable to their citizens for the oversight of common carriers by motor vehicles engaged in the business of hauling or carrying wrecked or disabled vehicles or taxi services within their boundaries and jurisdiction. Class I and Class II cities need the option to develop their own ordinances for additional authority pertaining to their boundaries and jurisdiction to regulate the standards for issuing permits and to explaining oversight requirements to hauling company operators and taxi company operators.

    On and after July 1, 2011, Class I and Class II cities may enact ordinances regulating common carriers by motor vehicles engaged in the business of hauling or carrying wrecked or disabled vehicles or taxi service. Any such ordinance must be approved by the Public Service Commission and subject to the provisions of this article. The Public Service Commission shall establish minimum standards for these services in Class I and Class II cities and the Class I and Class II cities, by ordinance, may add additional standards pertaining to their particular service areas and direct the issuing of permits and develop oversight requirements to taxi company operators.

ARTICLE 3. CONTRACT CARRIERS BY MOTOR VEHICLES.

§24A-3-1. Regulation required.

    It is hereby declared that the business of contract carriers by motor vehicle is affected with a public interest and that the safety and welfare of the public, the preservation and maintenance of the public highways, and the integrity of the regulation of common carriers require the regulation of contract carriers by motor vehicle to the extent herein provided. The Legislature further declares that cities are accountable to their citizens for the management of solid waste and that Class I and Class II cities need the autonomy to regulate the standards for solid waste management, collection, recycling and oversight of these services.

    On and after July 1, 2011, Class I and Class II cities may enact ordinances regulating contract carriers by motor vehicles engaged in the business of solid waste collection services. Any such ordinance must be approved by the Public Service Commission and subject to the provisions of this article. The Public Service Commission shall establish minimum standards for these services in Class I and Class II cities and the Class I and Class II cities, by ordinance, may add additional standards pertaining to their particular service areas and direct the issuing of permits and develop oversight requirements to contract carriers by motor vehicles engaged in the business of solid waste collection services.





    NOTE: The purpose of this bill is to modify the role of the Public Service Commission in controlling certain services for solid waste collections and taxi service in Class I and Class II cities. The bill authorizes Class I and Class II cities to enact ordinances governing additional standards pertaining to their particular service areas and direct the issuing of permits and licensing and develop oversight requirements to solid waste collection operators and taxi company operators.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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