AMESTOY CONSULTING, LLC
2007 LEGISLATIVE SESSION
WEEK TEN
(March 4, 2007 – March 10, 2007)
During Week Ten of the 2007 Legislative Session, I provided
testimony on the following proposed legislation:
HB 137: "AN ACT REVISING CONDITIONS UNDER THE
MICROBUSINESS DEVELOPMENT ACT TO INCREASE ACCESS TO DEVELOPMENT LOANS; REVISING
THE DEFINITION OF "QUALIFIED MICROBUSINESS"; AMENDING SECTIONS
17-6-402, 17-6-403, AND 17-6-407, MCA; AND PROVIDING AN EFFECTIVE DATE."
This bill basically revised the
definition of “Qualified Microbusiness” to allow
businesses that have fewer than 10 full-time equivalent employees and gross
revenue of less than $1 million dollars to qualify for the program. At the present time, to qualify, a business
must have fewer than 10 employees and have gross revenue of less than
$500,000. Therefore, passage of this
bill would allow the program to be available to more businesses. I provided
testimony in support of this bill.
HB 369: "AN ACT INCREASING THE AMOUNTS THAT A COUNTY MAY
BORROW WITHOUT A VOTE OF THE ELECTORATE; AND AMENDING SECTION 7-7-2402, MCA;
AND PROVIDING AN EFFECTIVE DATE."
This would allow the
I monitored the following proposed
legislation:
SB 464: "AN ACT AUTHORIZING LOCAL GOVERNMENTS TO IMPOSE
A LOCAL OPTION REALTY TRANSFER TAX IF AUTHORIZED BY THE ELECTORS OF THE LOCAL
GOVERNMENT; REQUIRING THAT AT LEAST 10 PERCENT OF THE PROCEEDS OF THE TAX ARE
TO BE USED FOR PROPERTY TAX RELIEF; LIMITING THE TAX TO 1 PERCENT OF THE
CURRENT MARKET VALUE OF THE PROPERTY TRANSFERRED; ESTABLISHING THAT A
PERCENTAGE OF THE VALUE IS EXEMPTED AND ALLOWING A MAXIMUM MARKET VALUE SUBJECT
TO THE EXEMPTION; PROVIDING THAT IF THE TAX IS IMPOSED BY A MUNICIPALITY, ONLY
TRANSACTIONS WITHIN THE MUNICIPALITY ARE TAXED AND THAT IF IT IS IMPOSED BY A
COUNTY, ONLY THE TRANSACTIONS IN THE COUNTY BUT NOT WITHIN A MUNICIPALITY ARE
TAXED; AMENDING SECTIONS 7-6-4034, 15-7-302, 15-7-307, 15-7-308, AND 15-10-420,
MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
The purpose of this bill is
self-explanatory. It was supported by a
number of cities and counties in western Montana that are experiencing rapid
growth and the resulting adverse impacts on their ability to provide adequate
city and county infrastructures. I monitored this proposed legislation.
SB 19: "AN ACT REVISING LAWS GOVERNING OIL AND GAS
OPERATIONS; REQUIRING A SEISMIC ACTIVITY PERMITHOLDER TO FURNISH INFORMATION TO
A SURFACE OWNER; REQUIRING AN OIL OR GAS DEVELOPER OR OPERATOR TO PROVIDE
INFORMATION TO A SURFACE OWNER; REQUIRING THE SURFACE OWNER TO PROVIDE
INFORMATION; INCREASING THE TIME PERIODS FOR NOTICE OF DRILLING OPERATIONS;
CLARIFYING THAT A SURFACE OWNER AND OIL AND GAS DEVELOPER OR OPERATOR MAY USE
DISPUTE RESOLUTION PROCESSES; CLARIFYING THE PENALTY FOR VIOLATING NOTICE
REQUIREMENTS; AMENDING SECTIONS 82-1-107, 82-10-503, 82-10-504, AND 82-10-505,
MCA; AND PROVIDING AN APPLICABILITY DATE."
SB 19 is the result of an interim study
group that was authorized by the 2005 Legislature to address concerns that were
raised by SB 258 in the 2005 Legislature.
The interim study group met throughout the interim with the goal of
crafting a bill for the 2007 Legislature that would be address the concerns of
both the landowners and the petroleum industry.
Although SB 19 was the best compromise that could be reached between the
two opposing positions, the testimony presented at the hearing indicated that
neither side was in total agreement with the provisions of the bill. I
monitored this bill.
SB 69: "AN ACT INCREASING THE ALLOCATION OF COAL
SEVERANCE TAX TRUST FUNDS AVAILABLE FOR THE VALUE-ADDED LOAN PROGRAM AND THE
INFRASTRUCTURE LOAN PROGRAM; AMENDING SECTION 17-6-311, MCA; AND PROVIDING AN
EFFECTIVE DATE."
This proposed legislation has a
number of limiting factors that make it difficult to apply to very many
businesses in smaller
SB 88: "AN ACT EXTENDING INDEFINITELY THE ALLOCATION OF
LODGING FACILITY USE TAX TO THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT
ACCOUNT; AMENDING REPEALING SECTION 3, CHAPTER 469, LAWS OF 2001; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE."
This proposed legislation extends the sunset from
July 30, 2007 to June 30, 2011 for $400,000 statutory annual lodging facility
use tax funding to the Montana Heritage Preservation Commission. I monitored
this proposed legislation
HB334: "AN ACT REMOVING THE TIME RESTRICTIONS ON THE
DESIGN-BUILD HIGHWAY CONTRACT PROCESS FOR HIGHWAY CONSTRUCTION PROJECTS;
AMENDING SECTIONS 18-8-204, 18-8-205, 60-2-111, 60-2-112, 60-2-134, AND
60-2-137, MCA; REPEALING SECTIONS 60-2-135 AND 60-2-136, MCA; AND PROVIDING AN
EFFECTIVE DATE."
This bill was introduced at the request of the
Montana Department of Transportation in an effort to reduce the amount of time
that it takes to design and build certain highway construction projects. I
monitored this proposed legislation.
HB 196: "AN ACT CREATING A COAL DEVELOPMENT IMPACT
ACCOUNT; ALLOCATING COAL SEVERANCE TAX MONEY TO THE COAL DEVELOPMENT IMPACT
ACCOUNT; AUTHORIZING THE COAL BOARD TO ALLOCATE FUNDS FOR GOVERNMENT FACILITIES
ADVERSELY IMPACTED BY THE DEVELOPMENT OF COAL RESOURCES; AUTHORIZING
ALLOCATIONS TO STATE AGENCIES FOR OTHER IMPACTS; REQUIRING THE COAL BOARD TO
PROVIDE A REPORT TO THE LEGISLATURE; AMENDING SECTIONS 15-35-108, 90-6-205,
90-6-207, AND 90-6-209, MCA; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION
DATE."
The purpose of this proposed
legislation is self-explanatory. I monitored this proposed legislation.