BEFORE THE DEPARTMENT OF TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 18.15.419 pertaining to Refunds of Gasoline and Special Fuel Tax

) ) ) ) )

NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On June 26, 2023, the Department of Transportation proposes to amend the above-stated rule.

 

2. The Department of Transportation will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require accommodation, contact the Department of Transportation no later than 5:00 p.m. on June 16, 2023, to advise us of the nature of the accommodation that you need. Please contact Kendra Smith, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-0806; fax (406) 444-5411; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail kesmith@mt.gov.

 

3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

18.15.419 STATEMENT FOR KEYLOCK CARDTROL REPORTING 

(1) remains the same.

(2) Electronic transaction reports shall be provided to the purchaser with a statement of fuel purchased on which a refund may be claimed in accordance with 15-70-430, MCA.  The statement may be prepared as frequently as deemed necessary, but one statement must be issued at least every 30 days.

 

AUTH:  15-70-104, MCA

IMP:  15-70-426, 15-70-430, 15-70-432, MCA

 

REASON: The proposed amendment is necessary because House Bill 75 (2023), amended 15-70-426, 15-70-430, and 15-70-432 MCA to allow applicants the option to submit electronic transaction reports as supporting documentation for the purchase of gasoline or special fuel for eligible Montana fuel tax refunds. HB 75 was passed as part of the Governor's red tape relief initiative (Executive Order 1-2021) and will simplify the required supporting documentation for motor fuel tax refund applications.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Kendra Smith, Department of Transportation, P.O. Box 201001, Helena, Montana, 59620-1001; telephone (406) 444-0806; fax (406) 444-5411; TTY Service (800) 335-7592 or through the Montana Relay Service at 711; or e-mail kesmith@mt.gov, and must be received no later than 5:00 p.m., June 23, 2023.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Kendra Smith at the above address no later than 5:00 p.m., June 23, 2023.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 374 persons based on the current 3,741 motor fuel tax refund applications in 2022 in Montana.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

8. An electronic copy of this proposal notice is available on the Department of Transportation website at www.mdt.mt.gov.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, apply. The sponsor was contacted via email and U.S. mail on April 17, 2023.

 

            10. With regard to the requirements of 2-4-111, MCA, the department has determined the proposed amendment will not significantly and directly impact small businesses.

 

            11. With regard to the requirements of 2-15-142, MCA, the department has determined that the amendment of the above-referenced rule will not have direct tribal implications.

 

/s/ Valerie A. Balukas                                  /s/ Malcolm D. Long                        

Valerie A. Balukas                                       Malcolm D. Long

Rule Reviewer                                             Director

                                                                     Department of Transportation

 

Certified to the Secretary of State May 16, 2023.