AMESTOY CONSULTING, LLC
2009
LEGISLATIVE SESSION
WEEK
SIXTEEN
(April 19,
2009 – April 25, 2009)
During
Week Sixteen of the 2009 Legislative Session, I followed this proposed
legislation:
HB 2: "AN ACT APPROPRIATING MONEY TO VARIOUS STATE
AGENCIES FOR THE BIENNIUM ENDING JUNE 30, 2011; AND PROVIDING AN EFFECTIVE
DATE." This legislation is more commonly known as the General
Appropriations Bill. This legislation will fund State Government for the next
two years starting July 1, 2009 through June 30, 2011. Due to on-going
discussions in the Conference Committee, there is a chance that the funding for
some programs that were originally reduced or eliminated in the initial
versions of HB 2, could be increased or included in the final version of HB 2.
I am continuing to monitor this legislation.
HB 676: "AN ACT IMPLEMENTING THE GENERAL
APPROPRIATIONS ACT; ELIMINATING GENERAL FUND TRANSFERS TO THE HIGHWAY
NONRESTRICTED STATE SPECIAL REVENUE ACCOUNT; RESTRICTING TRANSFERS OF CIGARETTE
TAXES ALLOCATED FOR THE SUPPORT OF VETERANS' NURSING HOMES; REVISING THE
DEFINITION OF PRESENT LAW BASE FOR THE ENSUING BUDGET CYCLE; REQUIRING THE
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO DEVELOP ALTERNATIVE METHODS
OF DELIVERING SERVICES AND TO DEVELOP GOALS, MILESTONES, AND MEASURES TO GUIDE
THE REVIEW OF ALTERNATIVES; REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN
SERVICES TO FOLLOW CULTURAL PROTOCOLS IN GRANTS AND CONTRACTS; REQUIRING THE
SUPERINTENDENT OF PUBLIC INSTRUCTION TO FORM A CULTURAL ADVISORY COUNCIL TO
DETERMINE CULTURAL APPROPRIATENESS FOR INDIAN EDUCATION FOR ALL; RESTRICTING
THE TRANSFER OF THE UNRESERVED BALANCE IN THE COAL SEVERANCE TAX COMBINED
ACCOUNT; MODIFYING THE USE OF THE COAL SEVERANCE TAX COMBINED ACCOUNT;
PROVIDING A 1 PERCENT INCREASE IN EACH YEAR OF THE 2011 BIENNIUM IN THE BASIC
ENTITLEMENT AND THE TOTAL PER-ANB ENTITLEMENT; REQUIRING REPORTS BY THE OFFICE
OF PUBLIC DEFENDER; REQUIRING THE ADOPTION OF RULES RELATING TO THE WORKING
CARETAKER RELATIVE PROGRAM UNDER TANF; AUTHORIZING MONEY IN THE TOBACCO
SETTLEMENT ACCOUNT AND THE HEALTH AND MEDICAID INITIATIVES ACCOUNT TO BE USED
FOR THE HEALTHY MONTANA KIDS PLAN; REMOVING THE PROHIBITION AGAINST USING
CHILDREN'S HEALTH INSURANCE PROGRAM INSURANCE FOR CONTRACEPTION; CHANGING THE
LEAF-CUTTING BEE ENTERPRISE FUND TO A STATE SPECIAL REVENUE ACCOUNT; PROVIDING
A FUND TRANSFER FROM THE WATER ADJUDICATION STATE SPECIAL REVENUE ACCOUNT TO THE
NATURAL RESOURCES OPERATIONS STATE SPECIAL REVENUE ACCOUNT; PROVIDING A FUND
TRANSFER FROM THE ENVIRONMENTAL QUALITY PROTECTION FUND TO THE NATURAL
RESOURCES OPERATIONS STATE SPECIAL REVENUE ACCOUNT; PROVIDING A FUND TRANSFER
FROM THE JUNK VEHICLE FUND TO THE NATURAL RESOURCES OPERATIONS STATE SPECIAL
REVENUE ACCOUNT; REQUIRING A REPORT BY THE
DEPARTMENT OF TRANSPORTATION ON EMERGENCY MEDICAL
SERVICES GRANTS; REVISING THE ALLOCATION 1 OF PREMIUM TAXES; REVISING THE
ELIGIBILITY FOR THE CHILDREN'S HEALTH INSURANCE PROGRAM; ELIMINATING THE RENAL
DISEASE TREATMENT PROGRAM; AMENDING SECTIONS 2-15-3004, 7-14-112, 10-2-112,
10-2-603, 10-3-801, 15-1-122, 15-35-108, 15-38-301, 16-11-119,17-6-606,
17-7-102, 17-7-111, 17-7-304, 20-9-306, 33-2-708, 47-1-201, 53-4-212,
53-4-1004, 53-4-1005, 53-4-1012, 53-4-1115, 53-4-1201, 75-10-704, 80-6-1109,
AND 85-2-280, MCA; REPEALING SECTIONS 15-30-169, 50-44-101, 50-44-102, AND
50-44-103, MCA; AND PROVIDING AN EFFECTIVE DATE, A RETROACTIVE APPLICABILITY
DATE APPLICABILITY DATES, AND A TERMINATION DATE." This legislation is a
companion bill to HB 2. I am monitoring this legislation.
HB 645: "AN ACT IMPLEMENTING THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009; PROVIDING APPROPRIATIONS OF FEDERAL FUNDS AND
OTHER FUNDS AVAILABLE BECAUSE OF THE RECEIPT OF FEDERAL FUNDS; REVISING
STATUTES TO IMPLEMENT THE RECEIPT AND EXPENDITURE OF THE FEDERAL FUNDS AND THE
FUNDS AVAILABLE BECAUSE OF THE RECEIPT OF THE FEDERAL FUNDS; AUTHORIZING THE
ADOPTION OF RETROACTIVE ADMINISTRATIVE RULES; REVISING THE ALLOCATION OF THE
HOSPITAL BED TAX; REVISING INDIRECT COST RECOVERY LAWS; REVISING THE
DEFINITIONS OF BASE BUDGET AND PRESENT LAW BASE FOR THE NEXT STATE BUDGET
CYCLE; REVISING THE BASE PERIOD FOR UNEMPLOYMENT BENEFITS; PROVIDING FOR A
PART-TIME WORK SEARCH AND PARTICIPATION IN WORKER TRAINING FOR UNEMPLOYMENT
PURPOSES; REVISING THE USE OF THE HEALTHY KIDS STATE SPECIAL REVENUE ACCOUNT;
REVISING THE USE OF THE HEALTH AND MEDICAID INITIATIVES ACCOUNT; CLARIFYING
WATER POLLUTION LAWS AND THE USE OF FEDERAL FUNDS FOR WATER PROJECTS; REVISING
THE ALTERNATIVE ENERGY LOAN PROGRAM; ESTABLISHING THE DISTRESSED WOOD PRODUCTS
INDUSTRY RECOVERY PROGRAM; PROVIDING FOR A QUICK START ENERGY PROGRAM WITHIN
THE DEPARTMENT OF COMMERCE FOR QUICK START ENERGY EFFICIENCY IMPROVEMENTS FOR
SCHOOL FACILITIES; REVISING THE PRIORITIES FOR FUNDING UNDER THE BIG SKY
ECONOMIC DEVELOPMENT PROGRAM; EXTENDING THE HOSPITAL BED TAX; AMENDING SECTIONS
2-4-306, 15-66-102, 17-1-106, 17-2-124, 17-7-102, 17-7-402, 17-7-502,
20-25-427, 39-51-201, 52-3-115, 53-4-1115, 53-6-149, 53-6-1201, 75-5-1102,
75-5-1107, 75-6-202, 75-6-226, 75-25-101, AND 75-25-102, AND 90-1-204, MCA,
SECTION 20, CHAPTER 390, LAWS OF 2003, SECTIONS 4 AND 7, CHAPTER 606, LAWS OF
2005, SECTIONS 4, 5, 6, AND 8, CHAPTER 517, LAWS OF 2007, AND SECTION 9-B,
CHAPTER 5, SPECIAL LAWS OF MAY 2007; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE,
A RETROACTIVE APPLICABILITY DATE, AND A TERMINATION DATE." This legislation is the Federal Economic
Stimulus Package of 2009. I am continuing to monitor this legislation.
HB 658: "AN ACT GENERALLY REVISING TAX LAWS;
MITIGATING THE EFFECTS OF PROPERTY TAX REAPPRAISAL; CHANGING THE TAXABLE RATE
OF PHASING IN CHANGES TO THE TAX RATES FOR CLASS THREE AND FOUR PROPERTY;
INCREASING THE MARKET VALUE AMOUNT AND THE INCOME ELIGIBILITY REQUIREMENTS FOR
THE PROPERTY TAX ASSISTANCE PROGRAM; PHASING IN CHANGES TO THE TAX RATES OF
CLASS THREE AND CLASS TEN PROPERTY; ESTABLISHING EXEMPTION RATES FOR
RESIDENTIAL AND COMMERCIAL CLASS FOUR PROPERTY; CHANGING THE REAPPRAISAL CYCLE
TO 4 YEARS AND PHASING IN VALUES IMPLEMENTED BY REAPPRAISAL OVER 4 YEARS;
ESTABLISHING A CIRCUIT BREAKER INCOME TAX CREDIT FOR PROPERTY TAXES BASED ON
THE TAXPAYER'S PROPERTY TAX BILL AS A PERCENT OF INCOME
AND OTHER FACTORS; ELIMINATING THE LOW-INCOME PROPERTY TAX ASSISTANCE PROGRAM,
THE PROPERTY TAX EXEMPTION FOR DISABLED OR DECEASED VETERANS, AND THE
RESIDENTIAL PROPERTY TAX CREDIT FOR THE ELDERLY; PROVIDING FOR AN EXEMPTION OF
VALUE FOR QUALIFYING HOMES, INCLUDING RENTAL HOMES REVISING THE PROVISIONS
RELATED TO MITIGATING EXTRAORDINARY INCREASES IN RESIDENTIAL MARKET VALUE;
REVISING THE PROPERTY TAX EXEMPTION FOR DISABLED VETERANS; CHANGING THE WAY THE
VALUE OF CERTAIN NEWLY CONSTRUCTED PROPERTY IS DETERMINED FOR LOCAL GOVERNMENT
MILL LEVY AUTHORITY; EXEMPTING FROM TAXATION LAND THAT IS DEDICATED EXCLUSIVELY
TO PARK OR ROADWAY PURPOSES UNDER LAWS REGULATING SUBDIVISIONS; REVISING THE
METHOD FOR VALUING AGRICULTURAL PROPERTY BY INCREASING WATER LABOR COSTS FOR
IRRIGATED LAND AND CLARIFYING PROVIDING THAT SPRING WHEAT FROM SUMMER FALLOW
LAND ALFALFA HAY ADJUSTED TO 80 PERCENT OF THE SALES PRICE IS THE BASE CROP FOR
NONIRRIGATED LAND; REVISING THE DETERMINATION OF THE CAPITALIZATION RATE FOR
THE VALUATION OF FOREST LANDS; INCREASING THE ELIGIBILITY INCOME REQUIREMENTS
AND BENEFIT AMOUNTS FOR THE RESIDENTIAL PROPERTY TAX CREDIT FOR THE
ELDERLY; ESTABLISHING A
FOR THE APPOINTMENT AND TERMS OF THE MEMBERS OF THE
COMMITTEE; REQUIRING NOTICE OF PROPERTY TAX 1 ASSISTANCE PROGRAMS ON
CLASSIFICATION AND APPRAISAL NOTICES ANDPROPERTY TAX BILLS; EXTENDING
APPLICATION DEADLINES FOR THE LOW-INCOME PROPERTY TAX ASSISTANCE PROGRAM AND
THE DISABLED OR DECEASED VETERANS' RESIDENCE PROPERTY TAX EXEMPTION PROGRAM;
CHANGING THE REPORTING REQUIREMENTS RELATING TO TAX INCREMENT FINANCING;
REQUESTING THAT THE REVENUE AND TRANSPORTATION INTERIM COMMITTEE REVIEW
PROPERTY TAX ASSISTANCE TO TAXPAYERS; AMENDING SECTIONS 2-15-122, 5-2-301,
15-6-133, 7-15-4285, 15-6-134, 15-6-143, 15-6-193, 15-6-211, 15-6-222,
15-7-102, 15-7-111, 15-7-201, 15-16-102, 15-30-171, 15-30-172, 15-30-176,
15-10-420, 15-16-101, AND 15-44-103, 47-1-111, AND 53-6-1001, MCA; REPEALING
SECTIONS 15-6-191, 15-6-211, 15-30-171, 15-30-172, 15-30-173, 15-30-174,
15-30-175, 15-30-176, 15-30-177, 15-30-178, AND 15-30-179, MCA; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE." This legislation
is attempting to mitigate the effects of property tax reappraisal. I am
continuing to monitor this legislation.