Keeping in touch: recent legislation
Some of last week’s actions both in the committees and on the floor created quite a stir in some circles, which resulted in a flurry of emails, phone messages, letters and even letters to the editor on one of the bills I sponsored.
Among those bills creating a flurry of response was House Bill 292 which was to submit to the qualified electors of Montana an amendment to Article II, Section 3 of the Montana Constitution recognizing that a person’s inalienable right to a clean and healthful environment should also include the right to an economically productive environment. However, due to a less than factual headline in one of Montana’s newspapers, quite a stir was made when the paper stated that a ballot measure (HB 292) would strike the “clean and healthful” clause. While it created headlines, generated constituent responses and helped to sell a few newspapers, was jeopardizing the media’s credibility worth it. Makes one wonder?
House Bill 198 is a bill which revises our eminent domain laws. HB 198 clarifies that public utilities regulated by the Montana Public Service Commission have the right to use eminent domain, if necessary, in the construction of a power line. It clarifies that a project certificated under the Major Facility Siting Act (MFSA) by the Montana Department of Environmental Quality has the right to use eminent domain. What HB 198 does not do is it does not expand eminent domain in anyway, nor does it empower anyone other than those already set out by the Legislature. HB 198 does not apply to wind farms or wind collector systems. Any entity seeking to build a transmission line for renewable or traditional energy generation would still have to comply with the MFSA certification process. Due process and methods for determining just compensation are not addressed in HB 198.
House Bill 240, which is a companion bill to HB 198, addresses due process in regards to eminent domain laws. It clarifies the rejection process of a condemner’s final written offer, clarifies the facts necessary for condemnation, establishes the process for an award of litigation expenses and mandates appraisal, negotiation and other condemnation polices. Article II, Section 29 of Montana’s Constitution has a provision for eminent domain. Since 1877, it has been a part of our understanding that public utilities had the right of eminent domain when necessary. Public utilities are under the control by the Montana Public Services Commission and must go through the Major Facility Siting Act. While this is a less than favored process, it has been essential to ensure that Montana resources are able to be transmitted to market. Part of that market, in the last 100 years, has brought to each of our homes the expectation that when we go to that switch on the wall, we will have lights, when we plug appliances into outlets, there will be electrical power there to run them. HB 198 will continue to ensure that power will be there for the next 100 years, while HB 240 will address the due process regarding just compensation if and when eminent domain is used.
Another bill, House Bill 280, which I was asked to carry on behalf of Right to Life of Montana, will require an ultrasound prior to an abortion. Being either pro-choice or pro-life is an emotional and intense issue. However, this bill is not about taking away a mother’s right to choose, but about making available to the mother who is making a life changing decision, one that could have potential ramifications not only to the life of the unborn child, but also on her own physical and psychological health, scientifically accurate information which will enable her to make an educated and fully informed decision.
I can be reached during the session by leaving a message for me at (406) 444-4800, or by e-mailing me at pathd13@blackfoot.net, or by visiting the legislative branch website at www.leg.mt.gov and clicking on the Contact a Legislator link. Instructions are given there on how to send electronic messages. You also may mail your comments to me at Representative Pat Ingraham, Capitol Building, P. O. Box 200400, Helena, MT 59620-0400.