HOUSE BILL NO. 23

INTRODUCED BY KITZENBERG S

A BILL FOR AN ACT ENTITLED: "AN ACT DEFINING ETHANOL-BLENDED FUEL; ELIMINATING THE REQUIREMENT THAT THE OPERATOR OF A STATE-OWNED MOTOR VEHICLE REPORT HAVING USED ETHANOL-BLENDED FUEL; ELIMINATING THE REQUIREMENT THAT A STATE AGENCY RETAIN RECORDS OF ETHANOL USE IN THE VEHICLES OWNED OR OPERATED BY ITS EMPLOYEES; ELIMINATING THE REQUIREMENT THAT THE LEGISLATIVE AUDITOR REVIEW ETHANOL PURCHASE RECORDS; AND AMENDING SECTION 2-17-414, MCA."

WHEREAS, agriculture is a vital component of Montana's economy; and

WHEREAS, Governor Racicot has initiated Vision 2005, challenging a group of Montanans to devise strategies to increase the value of the state's raw agricultural products, specifically grain and wood; and

WHEREAS, raw agricultural materials, such as grain and wood, can be processed into high-octane fuel called ethanol; and

WHEREAS, ethanol is a clean, efficient, high-performance octane enhancer that replaces lead in motor fuel; and

WHEREAS, widespread use of ethanol could result in reducing the United States' reliance on imported oil; and

WHEREAS, eliminating the requirement that ethanol use in state vehicles be reported will reduce paperwork, making it easier for state employees to use ethanol-blended fuel, thus creating a larger market for the product and encouraging the establishment of ethanol production facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 2-17-414, MCA, is amended to read:

"2-17-414. State vehicles to use ethanol-blended fuel -- definition . (1) A department, agency, institution, office, board, and commission of the executive, legislative, and judicial branches of state government and a state institution of higher education owning or operating a motor vehicle capable of burning ethanol-blended fuel shall take all reasonable steps to ensure that the operators of those vehicles use ethanol-blended fuel in the vehicles if ethanol-blended fuel is commercially available within the operating area of the vehicle .

(2) For purposes of this section, "ethanol-blended fuel" means a fuel mixture that is 90% gasoline and 10% anhydrous ethanol produced from agricultural products, including grain and wood or wood products, and that is used for the purpose of effectively and efficiently operating internal combustion engines .

(3) An entity subject to the requirements of subsection (1) may not take any disciplinary, judicial, administrative, or other adverse action against the operator of a motor vehicle for failing to purchase ethanol-blended fuel for the operation of the motor vehicle.

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