§ 707. Registration and fees

(a) A passenger tramway shall not be operated in this State unless the operator thereof has been registered by the Department. On or before the first day of November in each year, every operator of a passenger tramway shall apply to the Department on forms prepared by it for registration hereunder. The application shall contain such information as the Department may require and shall be accompanied by a registration fee, according to the formula stated in this section, unless an alternate payment plan is approved by the Commissioner pursuant to subsection (f) of this section. The Department shall assess total registration fees in the sum of the amount approved in the appropriations process for the program for that fiscal year, adjusted by any balance in the Passenger Tramway Special Fund from the prior fiscal year.

(b) Each operator shall pay a proportionate share of the total registration fees as determined by the total lineal feet of each type of tramway operated as follows:

(1) the operator’s total lineal footage of multi-car passenger tramways times the product of the base rate times 150 percent;

(2) the operator’s total lineal footage of detachable grip chair lifts times the product of the base rate times 125 percent;

(3) the operator’s total lineal footage of fixed grip chair lifts times the base rate;

(4) the operator’s total lineal footage of surface lifts and rope tows times the product of the base rate times 50 percent;

(5) all tramways being registered for the first time shall pay a sum equal to five times the registration fee required to be paid for similar type tramways that have previously been registered;

(6) all major modifications of existing passenger tramways where the Department has determined that a 50 percent alteration or upgrade of structural, mechanical, or electrical systems has occurred or where the Department has determined that a full load test of the lift is required, shall pay a fee according to the following schedule:

(A) drive terminal, tension terminal, or mid-station terminal M-modification (50 percent or more) shall pay an equivalent annual registration fee times two;

(B) any two of the above M-modifications (50 percent or more) shall pay an equivalent annual registration fee times three;

(C) any three of the above M-modifications (50 percent or more) shall pay an equivalent annual registration fee times four;

(D) towers, structures, and foundation M-modification (50 percent or more) not including any of the M-modifications listed in subdivision (b)(6)(A) of this section shall pay an equivalent annual registration fee times two;

(E) any combination of the above in aggregate shall never exceed five times the registration fee required for first-time registration;

(7) any passenger tramway that operates for more than five days singly or in aggregate, between the periods of June 1 through October 30, shall pay an annual registration fee equal to that of a similar type tramway plus 25 percent.

(c) For purposes of computing the base rate, “lineal footage” means the total lineal footage of each type of tramway registered during the previous operating year.

(d) [Repealed.]

(e)(1) All fees collected under this section shall be credited to a special fund for the Department to be expended for carrying out its duties under this chapter and may also be expended as provided pursuant to subdivision (2) of this subsection.

(2) The Passenger Tramway Board may expend amounts that it determines to be appropriate from the special fund established pursuant to subdivision (1) of this subsection for the purpose of contributing to ski lift mechanic education, job training, and apprenticeship programs.

(f) The Commissioner has discretion to authorize a tramway operator to enter a payment plan to pay some or all of the fee-due-State after November 1 upon a showing of financial need. The authorization and terms of any payment plan shall be in writing and set a date or dates for payment, provided that the total amount of the fee-due-State shall be paid no later than January 15. Failure to pay on November 1 or pursuant to an authorized plan may subject the operator to the penalties established in section 712 of this title. (Added 1961, No. 266, § 7, eff. Aug. 1, 1961; amended 1965, No. 183; 1969, No. 46; 1971, No. 227 (Adj. Sess.), §§ 1-3, eff. April 5, 1972; 1975, No. 254 (Adj. Sess.), § 162(h); 1977, No. 119 (Adj. Sess.), § 3, eff. Feb. 7, 1978; 1981, No. 36, § 4; 1985, No. 26; 1985, No. 74, § 304; 1989, No. 210 (Adj. Sess.), § 288; 1991, No. 206 (Adj. Sess.), §§ 3, 4; 1995, No. 186 (Adj. Sess.), § 4, eff. May 22, 1996; 1999, No. 49, § 149; 2013, No. 101 (Adj. Sess.), § 1; 2015, No. 97 (Adj. Sess.), § 63; 2019, No. 80, § 18.)