69-11-109. Provision for transportation of passengers and property for free or reduced rates. (1) No provisions of the laws of this state prevent any person, association, company, or corporation engaged as a common carrier of persons or property in this state from carrying, storing, or handling property free or at reduced rates for the United States, for state or municipal governments, or for charitable institutions; property which is being transported to or from fairs and expositions for exhibit thereat; or cars used by the government of the United States or the state for the transportation of fish and from carrying free or at reduced rates agents and employees employed in such transportation; and nothing therein contained prevents such person, association, company, or corporation from issuing free transportation or selling tickets at reduced rates to the classes of persons listed in 69-11-208.
     (2) When free transportation or a ticket at a reduced rate is issued to any officer or any president or member of the faculty of any educational institution referred to in 69-11-208(1)(q), it shall only be issued upon the application of the secretary of state and the transportation or ticket shall be delivered to the secretary of state for delivery to the person or persons applying therefor. The secretary of state shall keep record of all transportation and tickets at reduced rates so received and delivered by him. The state officer and the president and faculty of the state educational institutions, when traveling upon any free transportation, may not charge any mileage against the state, or if traveling upon a ticket sold at reduced fare, they may not charge mileage in excess of the cost of the ticket.
     (3) The carrying free or at reduced rates of property or persons in any of the classes above specified shall be held to be a reasonable classification by common carriers for such purposes and not to be unjust discrimination. The carriage and transportation by any common carrier at free or reduced rates in any of the cases above specified is not a violation of any of the provisions of the laws of Montana and does not subject the common carrier to any penalty therefor.

     History: (1), (2)En. Sec. 1, Ch. 53, L. 1913; re-en. Sec. 6575, R.C.M. 1921; re-en. Sec. 6575, R.C.M. 1935; amd. Sec. 18, Ch. 315, L. 1974; Sec. 72-620, R.C.M. 1947; (3)En. Sec. 2, Ch. 53, L. 1913; re-en. Sec. 6576, R.C.M. 1921; re-en. Sec. 6576, R.C.M. 1935; Sec. 72-621, R.C.M. 1947; R.C.M. 1947, 72-620, 72-621; amd. Sec. 14, Ch. 43, L. 1979; amd. Sec. 180, Ch. 575, L. 1981.