AN ACT CREATING THE GOVERNOR'S LOCAL COAL IMPACT REVIEW COUNCIL; DESCRIBING THE COMPOSITION, PURPOSE, AND AUTHORITY OF THE COUNCIL; APPROPRIATING FUNDS FOR THE EXPENSES OF THE COUNCIL; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE.

WHEREAS, coal development and its effects are important to Montana's society and economy; and

WHEREAS, the traditions of Montana public policy development are citizen-inclusive; and

WHEREAS, public policy exists in an ever more dynamic and complex world; and

WHEREAS, Montana's state government has been dealing with local coal development impact mitigation for nearly 25 years; and

WHEREAS, time and the evolution of reality demand that existing public policies be clearly and openly reexamined for appropriateness and efficiency.

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

Section 1. Governor's local coal impact review council -- purpose -- report -- authority to accept donations. (1) There is a governor's local coal impact review council. The council is attached to the department of commerce for administrative purposes only.

(2) The purpose of the council is to review and report on Montana's existing public policy regarding the impacts resulting from coal development and to develop findings, conclusions, and recommendations as to what the policies should be, both now and into the 21st century. The council shall, on or before December 1, 2000, prepare and deliver the report to the governor and, as provided in 5-11-210, to the 57th legislature.

(3) The council is composed of 10 members, each of whom must be appointed by the governor before July 15, 1999, as follows:

(a) one member from the coal board, established in 2-15-1821;

(b) two members, each of whom must be a county commissioner from a county within or containing a coal impact area;

(c) two members, each of whom must be either a mayor or city council or commission member from an incorporated city or town within a coal impact area;

(d) two members, each of whom must be a representative of the coal industry;

(e) one member who must be a state senator and one member who must be a state representative, each of whom must be from a coal impact area; and

(f) one member of the general public.

(4) For the purposes of this section, a coal impact area means the areas generally described in 90-6-207 affected by coal development.

(5) At its first meeting, the council shall elect from among its members a presiding officer and any other officers it considers to be necessary.

(6) Each member is appointed for a term of 2 years and serves at the pleasure of the governor.

(7) (a) Each member of the council except for the legislators appointed under subsection (3)(e), must be compensated as provided in 2-15-122(5).

(b) The legislative members of the council appointed under subsection (3)(e) must be compensated as provided in 5-2-302.

(8) On behalf of the council, the department of commerce may accept gifts, grants, or donations to cover the costs of the council's activities. The department shall account separately for any gifts, grants, or donations received on the council's behalf.

Section 2. Appropriation. (1) There is appropriated to the department of commerce for the activities of the governor's local coal impact review council $10,000 from the portion of coal severance tax collections allocated for local impacts under 15-35-108(3).

(2) On behalf of the council, the department of commerce is appropriated and may expend up to $20,000 of funds received as gifts, grants, or donations, as authorized in [section 1(8)] for the activities of the council.

(3) The appropriations in this section are biennial.

Section 3. Effective date. (1) Except as provided in subsection (2), [this act] is effective July 1, 1999.

(2) The governor may solicit applications from persons wishing to serve on the governor's local coal impact review council at any time following passage and approval of [this act].

Section 4. Termination. [This act] terminates June 30, 2001.

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I hereby certify that the within bill,

HB 0644, originated in the House.

Chief Clerk of the House

Speaker of the House

Signed this	day

of	, .

President of the Senate

Signed this	day

of	, .

HOUSE BILL NO. 644

INTRODUCED BY L. TAYLOR, M. COLE

AN ACT CREATING THE GOVERNOR'S LOCAL COAL IMPACT REVIEW COUNCIL; DESCRIBING THE COMPOSITION, PURPOSE, AND AUTHORITY OF THE COUNCIL; APPROPRIATING FUNDS FOR THE EXPENSES OF THE COUNCIL; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE.