H. B. 4385
(By Delegates Marshall, Beach, Fleischauer, Shook)
[Introduced February 8, 2010
; 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, 2010, 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, 2010, 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.