HOUSE BILL NO. 23
INTRODUCED BY S. KITZENBERG
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 gasohol ethanol-blended fuel -- definition -- record of purchase required -- audit.
(1) Each A department, agency, institution, office, board, and commission of the executive, legislative, and judicial
branches of state government and each a state institution of higher education owning or operating a motor vehicle capable
of burning gasohol ethanol-blended fuel shall take all reasonable steps to ensure that the operators of those vehicles use
gasohol ethanol-blended fuel in the vehicles if gasohol ethanol-blended fuel is reasonably and commercially available
within the operating area of the vehicle and is priced competitively with the motor vehicle fuel otherwise used by the
vehicle.
(2) For purposes of this section, "gasohol" means all products commonly or commercially known or sold as gasohol and
"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, consisting of not less than 10% anhydrous ethanol produced from agricultural
products, including wood or wood products.
(3) An entity subject to the requirements of subsection (1) shall require that each purchase of gasohol by the operator of
a motor vehicle using gasohol is reported to that entity by the motor vehicle operator.
(4)(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 gasohol ethanol-blended fuel for the
operation of the motor vehicle.
(5) An entity subject to the requirements of subsection (1) shall retain for the period of time required by law the record
of the purchase of gasohol used. The purchase records must be reviewed by the legislative auditor during every financial
audit of the entity."
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Latest Version of HB 23 (HB0023.ENR)
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