AMESTOY CONSULTING, LLC
2009
LEGISLATIVE SESSION
WEEK SIX
(February
8, 2009 – February 14, 2009)
During Week Six of the 2009
Legislative Session, I followed this proposed legislation:
SB 303: A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT SECTIONS OF THE
STATE WATER PLAN ADDRESS VARIOUS WATER ISSUES WITHIN THE CLARK FORK, FLATHEAD,
MISSOURI, AND YELLOWSTONE RIVER BASINS; CREATING A WATER USER COUNCIL COUNCILS;
AND AMENDING SECTION 85-1-203, MCA." Since
HB 294: A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A NATURAL GAS UTILITY
THAT HAS RESTRUCTURED TO ACQUIRE NATURAL GAS PRODUCTION AND GATHERING RESOURCES
AND INCLUDE THEM IN THE RATE BASE; ESTABLISHING PROCEDURES FOR THE ACQUISITION
AND INCLUSION OF THE RESOURCES IN THE RATE BASE; AMENDING SECTIONS 69-3-1402
AND 69-3-1404, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN
APPLICABILITY DATE." This bill was basically introduced at the request of
Northwestern Energy. I monitored this legislation.
SB 355: A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING THE MONTANA
MUNICIPAL WIRELESS INTERNET CONNECTIVITY GRANT PROGRAM TO PROVIDE FUNDING FOR
COMMUNITIES THAT PROPOSE PUBLIC-PRIVATE PARTNERSHIPS FOR THE PURPOSE OF
PROVIDING WIRELESS INTERNET CONNECTIVITY; PROVIDING GUIDELINES FOR IMPLEMENTING
THE PROGRAM; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION
DATE." I monitored this legislation.
SB 291: A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING THE MONTANA
RAILROAD DEVELOPMENT AUTHORITY; DEFINING TERMS; ESTABLISHING AUTHORITY
MEMBERSHIP; AUTHORIZING THE APPOINTMENT OF AUTHORITY MEMBERS; CLARIFYING THE
PUBLIC SERVICE COMMISSION'S AUTHORITY; REQUIRING THAT THE LEGISLATURE APPROVE
THE AUTHORITY'S ACQUISITION OF A RAILROAD FACILITY; PROVIDING THE AUTHORITY
WITH CERTAIN POWERS; PROVIDING THE AUTHORITY WITH RULEMAKING AUTHORITY THAT
ALLOWS IT TO ISSUE REVENUE BONDS; CLASSIFYING CERTAIN AUTHORITY RAILROAD
FACILITY PROPERTY AS CLASS NINE PROPERTY FOR PROPERTY TAX PURPOSES; CLASSIFYING
CERTAIN AUTHORITY RAILROAD FACILITY PROPERTY AS CLASS TWELVE PROPERTY FOR
PROPERTY TAX PURPOSES; PROVIDING THAT AUTHORITY FACILITIES ARE SUBJECT TO THE
PRIVILEGE TAX; REQUIRING THAT THE AUTHORITY REPAY STATE APPROPRIATIONS;
REQUIRING THE DEPARTMENT OF TRANSPORTATION TO CONSULT WITH THE AUTHORITY IN
ADMINISTERING THE MONTANA ESSENTIAL FREIGHT RAIL ACT; ELIMINATING THE RAIL
SERVICE COMPETITION COUNCIL; AMENDING SECTIONS . . ., MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE." I monitored this legislation.
SB 301: A BILL FOR AN ACT ENTITLED: "AN ACT INCREASING THE INDIVIDUAL INCOME
TAX CREDIT FOR ENERGY-CONSERVING EXPENDITURES AND THE INDIVIDUAL INCOME TAX
CREDIT FOR THE PURCHASE OF AN ENERGY SYSTEM USING CERTAIN NONFOSSIL FORMS OF
ENERGY GENERATION; ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR CERTAIN
ENERGY-CONSERVING CAPITAL EXPENDITURES, INCLUDING FOR A RESIDENTIAL RENTAL
BUILDING, TO BE CLAIMED BY SMALL BUSINESS AND PASS-THROUGH ENTITIES FOR THEIR
SHAREHOLDERS AND OWNERS; ALLOWING THE CREDIT TO BE CLAIMED EVEN IF THE TAXPAYER
HAS NO TAXABLE INCOME IN THE YEAR IN WHICH THE EXPENDITURE IS MADE; ALLOWING A
CARRYFORWARD OF UNUSED CREDIT FOR UP TO 3 YEARS; AMENDING SECTIONS 15-32-109
AND 15-32-201, MCA; AND PROVIDING AN APPLICABILITY DATE AND A TERMINATION
DATE." I monitored this legislation.
HB 494: A BILL FOR AN ACT ENTITLED: "AN ACT INCREASING PUBLIC INVOLVEMENT IN
THE CREATION, OPERATION, AND MODIFICATION OF URBAN RENEWAL AREAS; REQUIRING
PUBLIC HEARINGS ON URBAN RENEWAL ACTIVITIES; PROVIDING THAT WRITTEN PROTESTS BY
A MAJORITY OF PROPERTY OWNERS OR BY OWNERS OF A MAJORITY OF THE PROPERTY WITHIN
A PROPOSED URBAN RENEWAL AREA STOP THE CREATION OF THE AREA FOR 1 YEAR;
ESTABLISHING A BOARD OF COMMISSIONERSTO ADMINISTER EACH URBAN RENEWAL AREA;
PROVIDING THAT THE BOARD MUST HAVE APPOINTED COMMISSIONERS; REQUIRING APPROVAL
OF THE BOARD OF COMMISSIONERS FOR CERTAIN URBAN RENEWAL ACTIONS; AMENDING
SECTIONS . . . MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY
DATE." This bill was introduced to help resolve some problems that had
developed in
HB 484: A BILL FOR AN ACT ENTITLED: "AN ACT LIMITING THE DURATION OF A TAX
INCREMENT FINANCE PROVISION; PROVIDING THAT PROPERTY THAT WAS WITHIN AN URBAN
RENEWAL AREA WITHIN THE PRIOR 10 YEARS MAY NOT BE INCLUDED IN A PROPOSED URBAN
RENEWAL AREA; ESTABLISHING THAT AFTER JULY 1, 2009, TAX INCREMENT FINANCING MAY
NOT EXTEND BEYOND 21 YEARS EVEN IF TAX INCREMENT REVENUE HAS BEEN PLEDGED TO
SERVICE BONDS; AMENDING SECTIONS . . ., MCA; AND PROVIDING AN EFFECTIVE
DATE." This bill was introduced to help resolve some p
HB 385: A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING AN APPROPRIATION FOR
PROGRAMMING THAT COMBINES STATE-APPROVED MEDIA ARTS EDUCATION WITH PROFESSIONAL
TRAINING, FOSTERS WORKFORCE DEVELOPMENT, AND ATTRACTS EMPLOYERS; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE." I monitored this legislation.
SB 264: A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE MONTANA FACILITY
FINANCE AUTHORITY TO FINANCE CERTAIN PROJECTS FOR FOR-PROFIT OR NONPROFIT
CORPORATIONS AND ORGANIZATIONS; PROVIDING FOR TAXATION OF THOSE PROJECTS;
AMENDING SECTIONS 90-7-102 AND 90-7-104, MCA; AND PROVIDING AN EFFECTIVE
DATE." I am monitoring this legislation.
HB 476: A BILL FOR AN ACT ENTITLED: "AN ACT CHANGING TERMINOLOGY AND
CRITERIA FOR VARIOUS FACTORS INVOLVED IN THE CREATION AND OPERATION OF URBAN
RENEWAL DISTRICTS; REPLACING THE TERM "BLIGHTED AREA" WITH "AREA
IN NEED OF URBAN RENEWAL"; REMOVING OR MODIFYING LANGUAGE THAT
UNNECESSARILY OR DEROGATORILY LABELS AN AREA IN NEED OF URBAN RENEWAL; AMENDING
SECTIONS . . ., MCA; AND REPEALING SECTION 7-15-4203, MCA." This bill was
introduced to help resolve some problems that had developed in
SB 258: A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE TAXATION OF
QUALIFYING OIL AND NATURAL GAS PRODUCTION; PROVIDING THAT QUALIFYING NATURAL
GAS PRODUCTION AND QUALIFYING NATURAL GAS PRODUCTION FROM HORIZONTALLY
COMPLETED WELLS ARE TAXED AT A HIGHER RATE DURING A CALENDAR QUARTER IF THE
PRICE OF A MILLION BRITISH THERMAL UNITS EXCEEDS A CERTAIN AMOUNT; PROVIDING
THAT QUALIFYING PRIMARY OIL PRODUCTION AND QUALIFYING OIL PRODUCTION FROM
HORIZONTALLY COMPLETED WELLS ARE TAXED AT A HIGHER RATE DURING A CALENDAR
QUARTER IF THE PRICE OF A BARREL OF OIL EXCEEDS A CERTAIN AMOUNT; AMENDING
SECTION 15-36-304, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE AND AN
APPLICABILITY DATE." Due to the potential adverse impacts this legislation
could have on oil and gas production in
HB 464: A BILL FOR AN ACT ENTITLED: "AN ACT CREATING THE ADVANCING
AGRICULTURAL EDUCATION IN
HB 493: A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE MEMBERSHIP OF THE
BOARD OF RESEARCH AND COMMERCIALIZATION TECHNOLOGY; PROVIDING THE GOVERNOR WITH
AUTHORITY TO APPOINT ALL MEMBERS OF THE BOARD; REQUIRING THE DEPARTMENT OF
COMMERCE TO PROVIDE NECESSARY STAFFING; AMENDING SECTIONS 2-15-1819 AND
90-3-1005, MCA; REPEALING SECTION 90-3-1006, MCA; AND PROVIDING AN EFFECTIVE
DATE." I monitored this legislation.
HB 388: A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING A QUALITY EDUCATOR
ENERGY FOR EDUCATION PAYMENT; IMPOSING A SURTAX ON OIL AND NATURAL GAS
PRODUCTION TO FUND THE PAYMENT; PROVIDING FOR THE ALLOCATION AND DISTRIBUTION
OF THE PAYMENT; REQUIRING SCHOOL DISTRICTS TO ANNUALLY REPORT TO THE OFFICE OF
PUBLIC INSTRUCTION ON THE USE OF THE PAYMENTS; PROVIDING FOR THE COLLECTION AND
ADMINISTRATION OF THE SURTAX; PROVIDING
A STATUTORY
APPROPRIATION; AMENDING SECTION 17-7-502, MCA; AND PROVIDING EFFECTIVE DATES
AND AN APPLICABILITY DATE." Due to the potential adverse impacts this
legislation could have on oil and gas production in