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SELECT COMMITTEE ON ECONOMIC DEVELOPMENT HOUSE OF REPRESENTATIVES 48TH LEGISLATURE ATTENDANCE DATE: March 15, 1983 ROOM: 224A PRESENT VINCENT, John - Chairman X SCHYE, Ted - Vice-Chairman X ASAY, Tom X ()i'\ l{ Paula X \o'ABHECA, Jay X ABSENT OTHER FAGG, Harrison EXCUSED HANSEN, Stella Jean X HARPER, Hal X HARRINGTON, Dan X METCALF, Jerry X NEUMAN, Ted X RAMIREZ, Jack X VINGER, Orren X

SELECT COMMITTEE ON ECONOMIC DEVELOPMENT ATTENDANCE

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SELECT COMMITTEE ON ECONOMIC DEVELOPMENT

HOUSE OF REPRESENTATIVES

48TH LEGISLATURE

ATTENDANCE

DATE: March 15, 1983

ROOM: 224A

PRESENT

VINCENT, John - Chairman X

SCHYE, Ted - Vice-Chairman X

ASAY, Tom X

()i'\ l{ K~L,. Paula X

\o'ABHECA, Jay X

ABSENT OTHER

FAGG, Harrison EXCUSED

HANSEN, Stella Jean X

HARPER, Hal X

HARRINGTON, Dan X

METCALF, Jerry X

NEUMAN, Ted X

RAMIREZ, Jack X

VINGER, Orren X

MINUTES OF THE SELIX:.'T CC:M-{PlTEE 00 OCONCMIC DEVELOPMENT

March 15, 1983

The eleventh meeting of the Select Committee on Economic Develop­ment was called to order by Chairman, John Vincent at 10:24 p.m. in room 224A in the capitol Building, Helena, Ivbntana on March 15, 1983.

Roll call was taken and all rrembers were present with the excep­tion of Representative Fagg who was excused.

QiAIRMAN VINCENT stated he would like to welcome everyone to the hearing and apologized for the lateness of the meeting. He commented due to the lateness of the hour, he would like the sponsors to save ~~eir detailed explanations of the bill for Executive Session, and let those who came to testify have rost of the tirre. The bills heard this evening will be in the following order: HB 709, SB 316, HB 865.

REPRESENTATIVE NORDIVEDr, Sponsor of HB 709, explained this bill is a mechanism that is rrore efficient than the venture capital corpora­tion for bringing equity capital into Montana. This is a bill that if you sell a capital asset at a gain and within a certain period of time reinvest the capital in a Montana venture, your capital gain will be put off as long as it is invested in a Montana enterprise. He stated an example is demonstrated in Exhibit A.

CHAIRI'v1AN VINCENT asked for any Proponents to speak for HB 709, there being no Proponents, he asked for any OpFOnents.

OPPONENTS

DAN BUCKS, Deputy Director of the Department of Revenue, explained while the bill seems straightforward, it leaves many technical questions unanswered. For purposes of Montana individual and corporate income taxation of gains, the federal laws are controlling. It is, therefore, necessary to have the provisions of this bill fit with the federal laws on taxation of gains. This ProFOsed bill doesn I t make a clean connection between federal and state law. He explained the six problems that the bill does not adequately address. See Exhibit B.

QiAIRMAN VINCENT asked if there were no further OpFOnents, would Representative Nordtvedt care to close.

REPRESENTATIVE NORDTVEDT stated he had intended to change the defini­tion of the qualifying capital investments, because he believes 99% of the objections stated is to restrict this to equities. He felt this solves the difficulties with tracking with the dividend, etc. This is entirely different than an investment credit because this does not delay the payment of any taxes unless an act takes place. Unless a taxpayer roves an investment from out of state into the state, there is no benefit. He hoped to address same of the questions in rore detail later.

Page 2

CHAIRMAL~ VINCENT stated they would close the hearing on HB 709 and open the hearing on SB 316.

SENATOR TaVE, Sp:msor, explained this bill is the beginning farrrer IS

bill. He felt one of the areas that could have been rrore emphasized relating to the other bills before the committee is agriculture. He explained the mechanics of how SB 316 works. He commented this bill is patterned after the Iowa program that has been in operation for about 14 rronths. It is a bonding principal. There is CL"1 agriculture author­ity established and the agriculture authority then approves the sale of ronds. He stressed it works on a unique principal that is extrerrBly simple. His example explained a young farmer who wanted to rorraw $31,000 to build a pole bam. He went to the local bank, and the bank approved the loan for credit. The risk is with the bank, the state is not involved. The bank after approving the loan sent it up to the Iowa Agriculture Authori ty for their approval. After their approval, the loan is then sold at a bond for $31,000 to the sane bank. The bank buys the rond for that arrount, makes the rroney available which is then loaned to the farrrer. He explained that the bank in effect, has taken the agriculture loan out of the agriculture loan portifolio, and rroved it over to its municipal bond portifolio. When this happens two very important things happen. First the interest rate is substantially less. Secondly, not only is the interest lower, but the terms of the loan can be dealt with. He further explained the variable interest rate. He stated there are restrictions in the bill regarding who qualifies. He wanted to further explain the second provision to t~e bill that he felt was also very important.

This provision provides for a credit for retiring farmers who want to sell to a beginning farmer for less than 9%. All of the interest in­come or capital gains that would be received from that contract will be tax free from the Montana Individual Income Tax up to a maximum of $50,000. He felt this incentive might be enough to sell to a M:mtana individual rather than an out of state corporation. He asked the corrmittee to review Exhibit C, the StaterrBnt of Intent, and Exhibit D, a letter from Kenneth Siroky, Roy, M::mtana.

PROPONENTS

JACK GUNDERSON, Depart:rrent of Agriculture, stated their support of SB 316. He stated since 1950 the number of young fanns in M::>ntana and the rest of the U.S. has declined significantly. In M:>ntana alone, the number of farms has dropped by 35.5 percent fram 37,200 to 24,000, but during this sane thirty-year period, the size of the average farm has increased 48 percent. Obviously, fanns are becoming larger, which is an indication that the opportunity for corporate expansion in agricul­ture is increasing. He asked the comni ttee to review the testirrony fran Keith Kelly, Director of Montana Department of Agriculture for further oorrments. See Exhibit E. He asked the comnittee to tum to Exhibit E, page 3, regarding their one amendment to read nine members, appointed by the governor, and adding section 2(g) identifying the ninth member as the Director of the Department of Agriculture. He further stated he felt the last part of the bill was the most important.

Page 3

TERRY MURPHY, President of Famer' s Union, stated they have worked for a number of years for this type of bill and SB 316 is the most straight­forward. He noted there is no fiscal impact on the state, it involves no state appropriation and will be self-supporting administratively.

JO BRUNNER, Representing ~~ Involved in Farm Economics, stated their supp:Jrt of SB 316. She explained their organization supported the bill introduced by the '81 legislative session, and are very supp:Jrtive of the simplification and updating of certain portions to this bill. They appreciate that these loans could be used for the purchase of machinery, to build facilities, or to purchase land. They are especially encouraged to see the applicant must declare his intention to live in M:)ntana during the length of the loan. They believe that Section 23 allowing the tax relief for tmse selling land to the recipient could be increased, because they feel the $50,000 tax break might not be enough. See Exhibit F for further cormrents.

ESTHER RUEL, Representing M:)ntana Cattleman's Association, stated their support of SB 316. She noted she drove over 300 miles to testify for this bill tonight. She feels it is time that a bill such as this be supported.

STEVE MYER, Representing ~1Jntana Association of Conservation Districts, stated their sUpp:Jrt for SB 316.

KEN SHEPHERD, Representing Corrmunicating for Agriculture, stated their sUPp:Jrt for SB 316. He asked the Comrrrrttee to review his testimony, see Exhibit G. He surmnarized one of t.~e rrost important items, is if we do not provide ways through which qualified beginning farmers and ranchers can successfully get started, we stand in danger of seeing our agricultural land acquired by large, nonagricultural corporations. These entities us­ually do not support local cammunities and businesses upon which the economy and vitality of the state depends, and they often abuse the land, rather than practice good conservation techniques. We urge you to approve SB 316 for the good of tbntana, and for the good of its agriculture and the good of its young people.

JAY ~l, Representing M:)ntana Association of Utilities, feels this bill is exceptionally well drafted. They feel they could sell the same amount of kilowatt and telephone service to corporate interests, but they feel they owe a greater debt to the famers of M:)ntana, and they support t..l-J.is bill.

KEN KELLY, !.vbntana Dairyrren' s Association, stated they fully support this bill and urge the Corrmittee a 00 PASS on it.

Page 4

'Ia1 DAUBERI', Representing .r.bntana Environrrental Information Center, rose in support of SB 316.

JIM TPLNDY, Red Lodge, stated he is currently ranching and his family goes back to 1864. He stated they are in trouble and something needs to be done right away aOOut the little man. If the corporation comes in or the governrrent gets involved the prices will be very high. He stated how difficult it was to compete with the outside interest from F~t, etc. He stated they are willing to work with the $226 that the average farmer made last year, but they are slowly running out of tirre.

IARRY LELIa), Carbon County, stated in the area where he lives, in a 13 mile radius, there are 37 ranchers ana only 7 of these are under 30. He feels this bill will help the young rancher get started.

STEVE BRa~J, Representing Montana Independent Bankers ~ssociation, stated they fully support SB 316.

SENATOR 'lavE stated others in the house that supported this hill were SENATOR SEVERSON, REPRESENI'ATIVE TED NEUMAN, and Fred Brown, from N.F.O.

CHAIRMAN VINCENT stated since there were no further Proponents to SB 316, were there any Opponents. Being no Opponents, were there any questions from the committee.

SENATOR TaVE closed by stating the dedication of the witnesses show their dedication to this bill. He commented he would support the amend­rrent proposed by Keith Kelley, and also he had no objection to restricting this to Montana residents. He wanted it noted that the banks of Iowa like this bill because it converts a loan from sorreone they know to a municipal bond loan, which is tax free for them. He explained this is not a panacea for beginning farmers, but is a small step to help them.

CHAIRMAN VINCENT stated they would close the hearing on SB 316, and open the hearing on HB 865.

REPRESENTATIVE FABREGA stated he was asked by Representative Fagg to introduce this bill, since he was not able to make it this evening. He explained that HB 865 is rreant to encourage new jobs in rv'bntana. He further explained the mechanics of the bill and the three incentives in­volved with the options of this bill.

PROPONENTS

DAVE C£SS, Representing Billings Chamber of Oommerce, expressed support for HB 865. He feels this bill is important because jobs have to be created in the local oommunity.

Page 5

OPPONENTS

DAN BUCKS, Department of Revenue, stated they have several adminis­trative problems with this bill and most problems arise from Section 1 and Section 3. One problem is when a business shuts down in one part of the state and starts up in another credit is still being claimed. Also there is no definition of what a permanent full time position is in Montana or a new or expanding business is not defined. He stated there is another wage credit bill, SB 241, and these SaID2 problems were discussed in the Senate Taxation comnittee and arrendrrents were made to take care of some of these problems. His depar1::ment would pro[X)se that SB 241 is relevent to discussion here to provide for a limit of credit for $800 and be sunset after 2 years, so that data could be collected to determine what the fis­cal effects are, and if these incentives really work or not to achieve the intended purpose.

LEO BERRY, Director of the Department of Natural Resources and Con­servation. He stated the department is not opposed to the concept of HB 865, but are opposed to the provision that takes one-half of the funds from the Al ternati ve Renewable Energy Sources Program and allocates t..'em to the Department of Cbmmerce for grants to businesses that create new jobs. See Exhibit H for further comments. He summarized that G,e impact of reducing our program funding by 50 percent v.Duld be not only the loss of approximately $2.5 million in loanable funds to the renewable energy sector, but also the private sector funds that \-Duld be leveraged with our money. This reduction will came at a time when we cannot come close to meeting the demand for our loanable funds.

JAMES MCNAIRY, Aero Alternative Energy Resources Organization, stated they also do not like the source of funds for the grant portion of HB 865. They agree with Mr. Berry I s reasons. They have problems concerning t.~e tax credi t portion of the bill. All businesses operating in Montana v.Duld be better off if markets existed to sell their products than tax credits ex­isting for them to go into business. There is also no targeting set up for who gets the money. Also there is no carry over provision in the grant portion of this proposal. They find a problem with this, and a firm may not be able to take advantage of the grants.

REPRESENI'ATIVE FABRffiA closed by stating maybe the conmi ttee Vv'Ould like to ask Representative Fagg questions regarding the testimony given by the Opponents.

The meeting adjourned at 11:18 p.m.

{;Ji~i-Rfta!~ MIte ver Secretary

RESENTATIVE JOHN VIN::Et.:rr CHAIRMAN

VISITOR'S REGISTER

HOUSE SELECI' ECONaITC DEVELOPMENT. COMMITTEE

BILL ----------------------------lIB 865 DATE ____ 3/_J_5_1_83 ________ _

SPONSOR ---------------------------

NAME RESIDENCL REPRESENTING SUP- OP-PORT POSE

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VISITOR'S REGISTER

HOUSE SELOCT - ECCNMrC l)E:VELOPHENI' COMMITTEE

BILL HB 709 DATE 3/15/83 ------------------------------

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NAME RESIDENC.2 REPRESENTING SUP-PORT

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FORM CS-33 1-83

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the

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ich

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e

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cti

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ided

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er

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ith

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ect

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ich

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e ele

cti

on

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nd

er

15

-31

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as

~mended,

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t in

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ect.

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me

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p

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e

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rpo

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's u

nd

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ibu

ted

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le

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me.

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et

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g

loss.

cap

ital

gain

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r o

ther

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pro

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. o

r lo

sses

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uir

ed

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e in

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e

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l in

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e

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ss

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the

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der

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ch

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ter

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er.

the

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sh

all

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al

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trib

uti

on

s

fro

m

the

co

rpo

rati

on

to

th

e ex

ten

t th

e V

w

ou

ld

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treate

d

as

tax

ab

le

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ch

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ect.

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ISC

th

at

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pt fro~ th~

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se ta

x u

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er

15

-31

-10

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all

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is

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DIS

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e

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e m

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er

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-4-

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ecti

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d:

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terest

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l in

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x;

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e p

ort

ion

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ain

fr

om

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liq

uid

ati

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o

f th

e

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ort

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rpo

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on

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gn

ized

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r fe

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l co

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rate

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tax

p

urp

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33

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1

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ct

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15

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31

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-

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08

11

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e

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the

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h

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15

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2 3

(3

)

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en

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tax

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nle

ss

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exem

pt

sp

ecif

icall

y

fro

m

the

co

rpo

rati

on

pro

vid

ed

fo

r u

nd

er

4 1

5-3

1-1

01

(3)

or

15

-31

-10

2.

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co

rpo

rati

on

n

ot

sUb

ject

to

or

5 li

ab

le

for

fed

era

l in

com

e ta

x

bu

t n

ot

exem

pt

fro

m

the

6 co

rpo

rati

on

li

cen

se

tax

u

nd

er

15

-31

-10

1(3

) o

r 1

5-3

1-1

02

7 sh

all

co

mp

ute

g

ross

inco

me

for

co

rpo

rati

on

li

cen

se

tax

~

purpos~s

in

the

sam

e m

ann

er

as

a co

rpo

rati

on

th

at

is

su

bje

ct

9 to

o

r li

ab

le

for

fed

era

l in

com

e ta

x

acco

rdin

g

to th

e

10

p

rov

isio

ns

for

dete

rmin

ing

g

ross

in

com

e in

th

e

fed

era

l

11

Inte

rnal

Rev

enu

e C

od

e in

eff

ect

for

the

tax

ab

le

year.

-

12

~f~_SftIlOti&

Secti

on

3

. E

ffecti

ve

date

13

ap

pli

cab

ilit

y d

ate

. T

his

act

is

eff

ecti

ve

on

p

ass

ag

e

and

14

ap

pro

val

and

ap

ol

ies

to

tax

ab

le

years

b

eg

inn

ing

aft

er

15

D

ecem

ber

3

1,

19

82

.

-En

d-

-7-

.. STATE OF MONTANA 410-83 REQUEST NO. ____ _

FISCAL NOTE Form BD·15

III In compliance with a written request received February 15, , 19 ~ , there is hereby submitted a Fiscal Note

.. III

..

III

iii

for House Bill 709 pursuant to Title 6, Olapter 4, Part 2 of the Montana Code Annotated (MCA). Background information used in developing this Fiscal Note is available from the Office of Budget and Program Planning, to members of the legislature upon request.

DESCRIPTION OF PROPOSED LEGISLATION:

House Bill 709 allows for the nonrecognition of capital gain when proceeds of sale or exchang~ are invested in a Montana enterprise; allows for the tax on the gain at a later date; and provides an immediate effective date and an applicability date.

ASSUMPTIONS:

1)

2)

3) 4)

Individual income tax collection projections are as stated by the Office of Budget and Program Planning for FY84 and FY85. Capital gains income is as indicated in the Montana income tax analysis for calendar year 1981 - $392,094,189. However, $180,509,639 is associated with filers who pay no tax. Capital gains income will remain constant in FY84 and FY85. The effective tax rate for Montana taxpayers that have capital gains income is ~

~·5) 6.25% (1981 Montana actual) for FY84 and FY85. At most, 20% of the net capital gains income is reinvested according to the criteria of this proposal.

lit

IiII

.. :

..

FISCAL IMPACT:

Total Revenue from Individual Income Tax Collections

Under Current Law Under Proposed Law Estimated Decrease

General Fund Under Current Law Under Proposed Law Estimated Decrease

FY84

$166.427M 163.782M

(2.645M)

106.513M 104.820M

(1.693M

Continued

1R

FY85

$175.459M 172.814M

(2.645M)

112.294M llO.601M

(l.693M

BUDGET DIRECTOR Office of Budget and Program Planning

Date: 2 - I t - 8'.J

2

FY84 FY85

School Equalization Under Current Law $41.607M $43. 865M Under Proposed Law 40.946M 43.204M Estimated Decrease (.66IM) L661M)

Sinking Fund Under Current Law 18.307M 19.300M Under Proposed Law 18.016M I 19.010M Estimated Decrease (.29IM) (.290M)

FISCAL NOTE 15:C/2

,

48

th

Leq

lsla

ture

LC

lZ

53

/01

1 Z

3 It

5 6 1 8 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

~

BY ~ -

BIL

L

NO

. J!

M

-------~------

--

INTR

OO

UC

ED

A B

ILL

FOR

AN

ACT

E

NT

ITL

ED

: -A

N

ACT

TO

STIM

ULA

TE

ECO

NO

MIC

DEV

ELO

PMEN

T IN

M

ONTA

NA

BY

PRO

VID

ING

EC

ON

OM

IC

INC

EN

TIV

ES

FOR

NEW

Oc

t EX

PAN

DIN

G

BU

SIN

ESS

ES

CR

EATI

NG

"'lE

W

J08

S

IN

ItON

lAN

A;

AM

END

I:IIG

SE

CTI

ON

1

5-3

5-1

08

, M

CA;

AND

PRO

VID

ING

AN

APP

LIC

AB

ILIT

Y

DA

TE

.-

BE

IT

ENA

CTED

BY

TH

E LE

GIS

LATU

RE

OF

THE

STA

TE

OF

MO

NTA

NA

:

MfW-SftIlD~a

Secti

on

1

. P

urp

ose

--

new

jo

b

defi

ned

.

(I)

Th

e p

urp

ose

o

f [s

ecti

on

s

1 th

rou

gh

7]

is

to

en

co

ura

ge

the cre

ati

on

o

f ne

w

job

s In

M

on

tan

a w

ith

ou

t ad

vers

ely

aff

ecti

ng

th

e sta

te's

re

ven

ues.

(Z)

Fo

r p

urp

ose

s o

f [s

ecti

on

s

1 th

rou

qh

1

J,

Mne

w

job

-

Mea

ns

a p

erm

an

en

t full-tl~

po

sit

ion

tn

M

on

tan

a th

at

was

n

ot

in ex

iste

nce

on

[t

he eff

ecti

ve d

ate

o

f th

is act]

an

d th

at

is

cre

ate

d

becau

se o

f a

new

o

r ex

pan

ded

b

usi

ness

.

~~W_SftIlO~a

Secti

on

2

. F

inan

cia

l In

cen

tiv

es

for

job

cre

ati

on

. A

n in

div

idu

al,

co

rpo

rati

on

, p

art

ners

hip

, o

r s.a

ll

bu

sin

ess

co

rpo

rati

on

, as

defi

ned

In

1

5-3

1-2

01

, th

at

sta

rts

a

new

b

usi

ness

o

r ex

pan

ds

an ex

isti

ng

b

usi

ness

m

ay

ch

oo

se

fro

m

the

foll

ow

ing

fi

nan

cia

l In

cen

tiv

es

for

cre

ati

ng

ne

w job~:

(1)

a ta

x cre

dit

as

pro

vid

ed

in

[s

ecti

on

3

];

(21

a

gra

nt

as

pro

vid

ed

in

fs

ectl

on

6

J;

or

1 2 3 4 5 6 7 8 9

10

11

12

n 14

1')

16

17

18

19

ZO

21

22

23

24

25

LC

lZ5

3/0

1

(3)

an

In

tere

st

pay

Men

t o

ffset

as

pro

vid

ed

In

[s

ecti

on

7].

~~W_SftIlQ~a

Secti

on

3

. N

ew

job

cre

dit

. (1

) S

ub

ject

to

[secti

on

2

],

an

Ind

ivid

ual.

co

rpo

rati

on

. p

art

ners

hip

. o

r

small

~uslness

co

rpo

rati

on

. as

defi

ned

In

1

5-3

1-2

01

. th

at

sta

rts

a ne

w

bu

sin

ess

o

r ex

pan

ds

an ex

isti

ng

b

usin

ess.

there

by

cr,

atl

ng

ne

w jo

bs,

as

defi

ned

In

[s

ecti

on

1

].

is

en

titl

ed

to

a

tax

cre

dit

ag

ain

st

the

tax

I.

po

sed

b

y

15

-30

-10

3 o

r 1

5-3

1-1

21

. in

an

am

ou

nt

eq

ual

to

Z5~

of

the

tota

l sala

ries

of

the

new

jo

bs

for

the fir

st

year.

to

b

e

tak

en

as

a cre

dit

o

nly

ag

ain

st

tax

es

du

e as

a co

nse

qu

en

ce o

f

tax

ab

le o

r n

et

Inco

.e

dir

ectl

y

att

rib

uta

ble

to

th

e

new

bu

sin

ess

o

r b

usi

ness

ex

pan

sio

n.

~~W_SftllDHa

Secti

on

4

. C

arr

yo

ver

of

cred

it.

Th

e ta

x

cre

dit

all

ow

ed

u

nd

er

[secti

on

3

] is

to

b

e d

ed

ucte

d

fro

m

the

tax

pay

er'

s

tax

li

ab

ilit

y fo

r th

e ta

xab

le

ye

ar

In

wh

ich

th

e

new

b

usi

ness

o

r th

e ex

isti

ng

b

usi

ness

as

ex

pan

ded

b

eg

ins

operation~_

If

the

a.o

un

t o

f th

e

tax

cre

dit

ex

ceed

s th

e

tax

oav

er"

s ta

x li

ab

ilit

y fo

r th

e ta

xab

le

year.

th

e

amo

un

t

that

exce~ds

the

tax

li

ab

ilit

y

may

b

e carr

ied

o

ver

for

cre

dit

ag

ain

st

the ta

xp

ay

er'

s

tax

li

ab

ilit

y

In

the

nex

t

succeed

ing

ta

xab

le

year

or

years

u

nti

l th

e to

tal

amo

un

t o

f

the

t3X

cre

dit

h

as

bee

n

ded

ucte

d

fro

m

the

tax

li

ab

ilit

y.

Ho

wev

er.

no

cre

dit

M

ay

be carr

ied

b

eyo

nd

th

e

sev

en

th ta

xab

le

year

succeed

inq

th

e

tax

ab

le

year

in

wh

ich

th

e

job

s w

ere

N T

RO

D U

C E

D

B I

LL

-2

-

1 2 3 • 5 6 7 8 9 10

11

12

13

14

15

16

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-

..

..

-STATE OF MONTANA REQUEST NO.

486-83

FISCAL NOTE ..., Forni H/)'15

February 20, 83 In compliance with a written request received , 19 __ , there is hereby submitted a Fiscal Note

for House Bill 865 pursuant to Chapter 53, Laws of Montana, 1965 - Thirty-Ninth legislative Assembly.

Background information used in developing this Fiscal Note is available from the Office of Budget and Program Planning, to members

of the Legislature upon request.

DESCRIPTION OF PROPOSED LEGISLATION:

House Bill 865 stimulates economic development in Montana by providing economic incentives for new or expanding businesses creating new jobs in Montana; and provides an applicability date.

FISCAL IMPACT:

The fiscal impact of the new job tax credit cannot be estimated for the biennium, although it could significantly decrease corporation license and individual income· tax revenues. The tax credit of 25% of the total salaries would take several years of tax payments by the new job holder before the tax credit would be offset .

The grant program would receive 1.125% of coal severance tax revenues. This would amount to $1.110 million in FY 84 and $1.384 million in FY 85. The alternative """"

~energy research development and demonstration account would be decreased by the same amounts.

FISCAL NOTE 15:EE/1

,dee 1 1 '

BUDGET DI R'ECTOR

Office of Bwdget and Program Planning

Date: 2 ... 2. "'2, - U

-

STATE OF MONTANA 288-83 REQUEST NO.

FISCAL NOTE Form 8D-15

January 31, 83 In compliance with a written request received , 19 __ , there is hereby submitted a Fiscal Note for Senate Bill 316 pursuant to Chapter 53, Laws of Montana, 1965 -Thirty-Ninth Legislative Assembly. Background information used in developing this Fiscal Note is available from the Office of Budget and Program Planning, to members of the Legislature upon request.

DESCRIPTION OF PROPOSED LEGISLATION:

Senate Bill 316 helps farmers and ranchers obtain credit at lower interest rates for agricultural purposes; creates the Montana Agricultural Loan Authority; and provides for legislative review.

ASSUMPTIONS:

1)

2)

",·3) 4)

5)

6) 7) 8) 9) 10)

There will be 115 beginning farmers, each of which will purchase agricultural land in parcels of nG less than 80 acres at 9% or less interest on a long-term contract. Each of these transactions will be approved by the Montana Agricultural Loan Authority. The average taxable income of each of the land sellers of assumption 1 without the proposed income tax deduction is $9,000, which is less than or equal to the realized annual gain from the sale of the land. The effective ta~ rate for Montana taxable income of the land sellers is 6.28%. The Office of Budget and Program Planning projection of income tax receipts for the 1984-1985 biennium is the basis for comparison. Agriculture loan authority members (8 persons) would hold a minimum of 4 meetings annually, with average total distance each meeting of 400 miles per member. Agriculture loan authority members hold meetings in Helena. Mechanics of bond issue and sale operations be contracted out. 2 FTE required to assist in administration of act as directed by "authority". Administrative costs based on percent of personal services. Act become effective October, 1983.

FISCAL IMPACT:

Expenditures:

Personal Services Operations Equipment Administrative Costs

FY 84

$ 53,195 32,994 3,500 8,280

$ 97,969

Continued

FY 85

$ 53,195 37,600

250 8,280

$9G~lliL BUDGET DIRECTOR

Office of Budget a~ PrOj!am Planning -..,; Date: 2 - 0 - " ':5

II'

-2-

Revenue:

Individual Income Tax Collections Under Proposed Law $166.427M Under CUrrent Law 166.362M Estimated Decrease $ ~.0~5M)

General Fund Under Proposed Law $106.513M Under Current Law 106.471M Estimated Decrease $ ~.042M)

School Foundation Program Under Proposed Law $ 41.607M Under Current Law 41. 591M Estimated Decrease $ COIE)M)

Sinking Fund Under Proposed Law $ 18.307M Under Current Law 18.300M Estimated Decrease $ L007M)

COMMENT:

Section 23 of this bill affects the income tax as follows:

$175.459M 175.394M

$ (.065M)

$112.294M 112.252M

$ (.042M)

$ 43.865M 43.849M

$ L016M)

$ 19.300M 19.293M

§ (.OO7M)

"A landowner who sells land consisting of 80 acres or more to a beginning farmer at 9% or less interest on a long-term contract is entitled to a reduction in his taxable income in an amount equal to 100% of any income or capital gain, or both, realized and otherwise subject to state income taxes from the sale, up to a maximum of $50,000, provided the transaction is first approved by the authority for this purpose."

FISCAL NOTE 10:BB/2

.. -

-.. -

,.-.

b ~J -,-~4-cA:> sdl. -r~

bu.~ HT C,orf. A sdQ kT C'O .... r. A

hu.~ \)~ ?o~-l

c)~V~~6~t

bl.\ (s t--\,-~ r,

s~ f-A-T ~r,

tl Z sJ q,,~

Z.S'tU~b

EXHIBIT A

"'" ~r, 10~ ~fc~~ -

-'-' 6"'6 ---. c.)(.~ V\.. ~ 30, <rot)

- s~ ~~~ ~ \fo) crr~ -

\'14~ tv\T ~c. ~ '-l () I crrl> -sell MT~C. $1 L{SI a-ro

.. bu.d t-'\T ~'D '2,,) ,)'0-0

...

. /

"-House Bill 709

This bill provides for rostponin~ the income tax on gains from

the sale of property. The gain would not be taxed if the monies

received from the sale are placed in an enterprise with its prin-

cipal business activities ln Montana. Nhen the taxpaver sells

or removes his investment in the enterprise the qain is then

taxed. I ,~( ; i

While the bill seems straightforward, it leaves many technical

questions unanswered. For purposes of Montana individual and

corporate income taxation of gains, the Federal laws are con-

trolling. It is, therefore, necessary to have the provisions

of this bill fit with the federal laws on taxation of qains.

As proposed this bill doesn't make a clean connection between

federal and state law.

The following are nroblem areas the bill doesn't adeauately

address:

1. The bill allows for postnonement of taxation on qalnS

from the sale of capital assets, but doesn't define can-~_._---".-._.- ---_ . .::.... __ . __ .- _. --

ital assets. For federal tax purooses caoital assets

are non-depreciahle proper tv such as nersonal residents

and cars, Good ~i~l, securities, etc.

2. ~~ore than one rnll1Vec:~tment to nost-oon(' a qaln is not

sllecificcill"

have morc, th,li.

not be taxceJ «1 :~110 same tiPlr' hv t'le:' sLlt(~.

I t- l'll!'

EXHIBIT B

T he.... to/- rl't en t e y r' yt5 e..

cL efttlej - -1-5 tJ,~ t J,n

Co y f 0 f"d t ;)'" -1'" te/' Ire te !

or Cou 1/

5:wmm,";)41-J. ~. nv.mW CJf ~;.d5 aJht!A'e tie 1,;/1 (.I

_ (;{Jt1 c /-e~V _ ~·--;;U~-----'J-r~-.--1rro"E=' c er 't-:.;" how h "-,) rlm;/1. (-s i't--' ;t:>

)j;lJ Ii / , r e 1 w; y ~

IV";h1 S --;) c t ; ;n )

t"f';J c K r-1f of we UJJulJ Ylo r k

-0;1, If:.- (t, ~

6 c () J1 om I' ( e f--t:ec. f.s,

/. AU lWJefel (;, rdwtll ~t'N /a~.;/

7A~ ei/; je4(c~ f~{)rh st-u/;e3 - iz//(':Jips eve dr' h cia /1-d f

el'71,rt'rl-C:~ I ti~;-" J,~/e

u/Vylc- Cd e J(

"-·state would be using a different procedure for recognizing the

gain.

011 f;J'jt: 1; I/"nes ~{7 fk lil1 st7J"t-e ti-;d-nOl{e of the J";;};/l .. ·wfdc/l~;/I4.J to fl.l~k~

fOr t.,r e XM"f t $ t, tus / ( ~ be /. ves t-el 01. ',ed I;,.. 01" (fl J,'nut/r i", re-;;» €shie ~ ~ cnH;7(e,r~/(e (" ;r~ i'~':~ /J 'I' t~f ,1 re ,tt ;v' -I~Y hrl j ~e ,,-fol''''''' 1/

/t ;5 Lutc/e~r ~ l)t~ ;p (jj thE' t~l'r~ye;-

d de.l'7J4fl?1~.t" ,t w/'"d t tJ/1.(! h';) 'h direct Orl AQ"e

cia to 'J(jtJ(-J r\ ,·/(vesfrn&11f.s /'\ re~(

f YO /-U t 1 Q Pre Sv. rr/":J LI; I tile /'1 f:-~ t4 f (5' to

;/IVc~t/11e;?f5 (/l )1dlft~7:- )..,t-o r"/lt"SSe'j UI'/e.. rP t~6.#f} I?fPt/tJI /6' h (tArl-JO)t .st{)('k /pr d

/'1dnf;Jl1~ bv..f.,·ttt"-;'P., i'<-fi /:'7 fl-1.Hh-;;O'":;,(·;1) (fcJck

tit (! (,:))1 f,-( ~ jl,(J;t~j -;;)5 '~ll/(," tr'~ I~h ,re"~! eJfv'/-p-

ftJ]tt (-.> t1.oi cje~f I..ow '0 tv-//7~tr CJ/l t77J4~ r1.(:(.11~( ~)vl..c.(-M.S5 /I/V, t /J1.."f'Pf 'tk-v'i- re 11-{;"€.-#rE"'I'fI,

wet i> cI '( g J I fc) 1../': tk' 5 0 r /1 dr.? Ir(!. UJ (- / f t~r/~-el ';; -r

( 11 vest ,7le:.A {s tll~

-f (2 C • \ I i.ec k d

1,"/ .... )1'< , ,{ 1

/.J ",I k / e '9"1;

'J J t/)1 (' :' r"J tr~ f,.1i'e.. ~ (/, VI? S i r?1 e/l1 t /',>

STATEMENT OF INTENT RE: SB3l6

Section 1. It is the specific intent of the Legislature that the Montana Agricultural Loan Authority should operate in the same manner that the Iowa Loan Authority has operated for the last 13 months in the state of Iowa. Each loan is processed individually by a bank or other financial institution. The loans can be for farmland acquisition or for purchase or construction of depreciable property (farm equipment or farm buildings). The bank or other financial institution initially approves the loan and agrees to accept the credit risk. It then sends an application to the Montana Agricultural Loan Authority for approval. If the loan is approved, a bond is issued by the Montana Agricultural Loan Authority in the exact amount and the money is made available to fund the loan.

Thus, the entire transaction is treated identical with any other bank loan to a farmer except that the bank or other financial, institution is able to obtain municipal bond tax exemption'for the interest income. The bank or other financial institution loan is, in effect, converted to a municipal bond and held in the bank's municipal bond tax exempt portfolio.

Section 2. It is the intent of the Legislature that the Montana Agricultural Loan Authority created by this bill will not make direct loans. They will acquire existing loans already made and approved by a local financial only. It is also the specific intent of the Legislature that the State of Montana would have no financial risk on any of these loans. Whoever purchases the bonds will take the full risk that the loan that secures payment of each bond will be repaid.

Section 3. It is the specific intent of the Legislature that the Montana Agricultural Loan Authority would charge a one time fee for issuing the bonds which fee shall not exceed the maximum amount authorized by the federal internal revenue code with regard to tax exempt bond issues. It is the intent of t~Legislature that the fee would be sufficient to pay the cost of bond counsel to review and approve each bond issue and all other administrative costs of the Montana Agricultural Loan Authority.

Section 4. This Statement of Intent is required by the rule making authority granted to the Montana Agricultural Loan Authority in Section 4 and Section 8. Furthur, rules are contemplated for determining the procedure for granting approval by the Montana Agricultural Loan Authority and the procedure for verification by the Department of Revenue under Section 23.

EXHIBIT C

Section 5. It is the intent of the Legislature that the Montana Agricultural Loan Authority adopt rules for the orderly handling and processing of applications under the authority granted in this Act to issue bonds secured by farm loans. The rules under Section 8 are intended to be sufficiently specific to allow for an objective determination by the Montana Agri­cultural Loan Authority of which applicants should receive approval of farm acquisition bonds from the authority. The same criteria should be established by rule for depreciable property loans with special emphasis on the need of the applicant and the applicant's possible prospects for success.

Section 6. The criteria for determining a bonafide beginning farmer in connection with the approval of the tax credit application by retiring farmers as provided in Section 23 shall be established by rule. The same requirements for estab­lishing eligibility under Section 8 should be used under Section iJ.

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EXHIBIT D

Ma rch 15, 1983

Testimony presented by

Keith Kelly Director, Montana Department of Agriculture

on Senate Bill 316

Beginning Farmers Loan Bill

before the

House Select Committee on Economic Development

For the record my name is Keith Kelly. I am the Director of the

i; Montana Department of Agriculture. I maintain offices in the Agriculture/

Livestock Building at 6th and Roberts Streets in Helena.

The family-owned farm has been a way of 1 i fe in Montana si nce

Territorial days.

An extremely productive unit, it now produces sufficient food to

feed the farmer and 77 other people in the United States and around

the world.

Since 1950 the number of farms in Montana anti the rest of the U.S.

had declined significantly. In ~1ontana alone the number of farms has

dropped by 35.5 percent from 37,200 to 24,000. But, during this same

thirty-year period, the size of the average farm has increased 48 percent.

Obviously, farms are becoming larger, which is an indication that the

opportunity for corporate expansion in agriculture is increasing.

The top 20 percent of all farms by sales, accounted for four out

of every five dollars of food and fiber produced in 1978. Many of the

smallest farms are homesites for families living reasonably well on a

combination of farm and non-farm income. But the problem develops as

we put more and more pressure on the "disappearing middle," the group

of medium-sized places between the big operations and the part-time farm.

EXHIBIT E

Page 2 Kelly - Testimony - S.B. 316

What is more, about 70 percent of those who owned farm land in 1978

were over 50 years old. Land will b~ changing hands in the next few

years, so now is the time when we should be thinkinq hard about the

direction we want to go.

In the Initiative 95 process, agriculture was not fully addressed.

This bill complements that process~ not only enhancing agriculture but

creating jobs and preserving rural communities. It is a proven fact

that several smaller farms contribute more to the local community than

one large corporate farm.

What better way to Build Montana than through its basic resource,

agriculture? Family-owned and operated farms have given us the most

abundant:, efficiently-produced supply of food in recorded history.

We1ve all heard of, had friends who have experienced, or experienced

ourselves, the following situation:

A grandfather homesteaded and spent his life building an economically­

viable operational unit. Better known as a family farm. When grandfather

passed away the farm was divided five ways among his heirs. One-fifth

of the farm is not a viable unit unless combined with the other four-

fifth1s. However, even if four family members were interested in selling

the farm to one member, the potential family purchaser could not meet

the land payment and interest expense, on a fair market price, out of

the likely cash receipts. The result - one neighbor with a larger operational

unit is seeking land for his two sons, wants to buy, and can pay the

price. A few miles down the road, a foreiqn industrialist owns almost

17,000 farm acres~ wants to buy, and the pressure is on family members

to sell to outside interests.

Page 3 Kelly - Testimony - S.B. 316

Or what about the dad who wants to retire but can't afford to sell

to his son because:

a. Dad needs sufficient land payment income to pay his capital

gains taxes while providing for retirement living expenses; and

b. Son can't purchase land, meet interest expenses, and still produce

sufficient income to live on.

Again, the only viable economic solution is to sell to outside

interests.

We all see the need for financial assistance to the beginning farmer.

Acknowledging c this need I support Senate Bill 316.

Administratively, from the Department of Agriculture's perspective,

we request that page 2, line 12, be amended to read nine members,

appointed by the governor, and adding section 2(g) after line 22, iden­

tifyinq the ninth member as the Director of the Department of Agriculture.

I believe the Di rector shoul d be a member of the loan authority to provide

for proper administration of the program in the Department.

( If Women Involved In Form Economici ..r....-_______ ---......

NAI'IIE J 0 BRUNNER BILL NO. SB 316

ADDRESS 563 3rd ST HELENA DATE March 15, 1983

REPRESENT WOMEN INVOLVED IN FARM ECONOMICS

SUPPORT ____ ~X _____________ OPPO!E __________ ~AMEND ______ +

COMMENTS.

Mr. Chairman, members of the committee, my name is Jo Brunner and I represent the members of the Women Involved in FarmEConomics Organiza Although our organization supported the bill introduced and then kill in the 1981 Legislative session concerning this matter, we are very supportive of the simplification and the updating of certain portions of' this legislation that would enable agriculture families, willing t

work, and to go into debt to obtain financial backing for their agri­culture endeavors. We appreciate that these loans could be used for the purchase of mach· er probably our single most costly expenditure, or to build facilities necessary to the individual operation,or to purchase land. We areappreciative that the procedure to obtain this financial backin has been simplified, but has not weakened either the structure produc· g

the monies, or the evaluation of the applicants. We are especially encouraged to see that the applicant must delcare h·s intention to live in Montana during the length of the loan, and shoul the recipient decide to cease the operation, the loan must be paid in full. We beleive that Section 23 allowing the tax relief for thos selling land to the recipient could be increased to some extent. We can see that the sellwe with land valued for sale at $800 or $1,000 per acre might not get all that excited about a $50,000 tax break if it were offered. Thank you.

EXHIBIT F ____________ "Hell has no fury like a woman scorned" ___________ -'

MR. CHAIRMAN, MEMBERS OF THE COMMITTEE:

I APPRECIATE THE OPPORTUNITY OF BEING ABLE TO TESTIFY ON BEHALF OF

SENATE BILL 316, WHICH WOULD HELP MONTANA FARMERS AND RANCHERS OBTAIN CREDIT ov\

AT LOWER INTEREST RATES, PROVIDE FOR INCOME TAX DEDUCTION ~ CERTAldLAND

SALES TO BEGINNING FARMERS, AND CREATE THE MONTANA AGRICULTURAL LOAN AUTHORITY.

I REPRESENT COMMUNICATING FOR AGRICULTURE, A NATIONAL, NONPARTISIAN,

NONPRO~'IT, RURAL ADVOCACY ORGANIZATION WITH MEMBERS IN 46 STATES. IN THE PAST

YEAR, MONTANA HAS BECOME ONE OF OUR FASTEST-GROWING STATES.

CA'S GOALS ARE DETERMINED BY ITS MEMBERS THROUGH RESOLUTIONS AND

SURVEYS, AND ONE OF OUR MAIN MEMBER-DIRECTED ACTIVITIES INVOLVES THE SUPPORT

OF STATE PROGRAMS WHICH COULD HELP BEGINNING FARMERS AND RANCHERS GET STARTED. \.

SINCE 1980, LEGISLATURES HAVE CREA'rED SUCH PROGRAMS IN MORE THAN A

DOZEN STATES. ALTHOUGH IMPLEMENTATION OF MANY OF THESE PROGRAMS WAS DELAYED

FOR A TIME BECAUSE OF UNCERTAINTY ABOUT POTENTIAL FEDERAL RESTRICTIONS, THAT

UNCERTAINTY HAS NOW BEEN CLEARED, AND MOST OF THE PROGRAMS ARE NOW EITHER

UNOc.:HWAY Oil GE'l"l'lNG UN1.lc.:UWAY.

I

THE MONTANA AGRICUL'l'URAL LOAN AUTHORITY, WHICH WOULD BE CREATED BY 'rHE

PASSAGE OF SENATE BILL 316, WOULD BE MODELED AFTER THE IOWA FAMILY FARM

DEVELOPMENT AUTHORITY, WHICH IS ONE OF THE MOST SUCCESSFUL BEGINNING FARMER

PROGRAMS IN THE NATION.

ORIGINALLY CREATED IN 1980, THE IOWA AUTHORITY WAS FOR A TIME STALLED,

EXHIBIT G

BUT THEN WAS REDESIGNED TO ALLOW PARTICIPATING FINANCIAL INSTITUTIONS TO MAKE

LOANS TO BEGINNING FARMERS ON A ONE-TO-ONE BASIS WITH FUNDS GENERATED FROM THE

SALE OF TAX-EXEMPT INDUSTRIAL REVENUE BONDS.

THE REVISION ALLOWED THE IOWA PROGRAM TO BECOME OPERATIONAL WELL IN

ADVANCE OF ANY OF THE OTHER BOND-BASED PROGRAMS, AND TODAY, THE IOWA FAMILY

FARM DEVELOPMENT AUTHORITY HAS AN OUTSTANDING TRACK RECORD OF SUCCESS AND IS

SEEN AS A MODEL FOR OTHER STATES TO FOLLOW.

IN ITS FIFTEENTH MONTH OF OPERATION, THE AUTHORITY HAS TO DATE APPROVED

212 LOANS AND HAS CLOSED BOND DOCUMENTS FOR 133 OF THEM. IN CASH TOTALS,

ALMOST $14 MILLION WORTH OF LOAN APPLICATIONS HAVE BEEN APPROVED, AND BOND l'

DOCUMENTS HAVE BEEN APPROVED FOR OVER $7 MILLION OF THEM.

RECENTLY, THE NEBRASKA AND ILLINOIS AGRICULTURAL LOAN PROGRAMS HAVE

BEEN REVISED ALONG THE LINES OF THE IOWA PROGRAM AND HAVE GOTTEN SUCCESSFULLY

UNDERWAY.

IN ADDITION TO UTILIZATION OF A PROVEN METHOD OF BONDING FOR LOANS, THE

MONTANA AGRICULTURAL LOAN AUTHORITY WOULD ALSO INCORPORATE ANOTHER FEATURE

WHICH HAS BEEN SUCCESSFUL IN OTHER STA'fj<~S: I'f WOULD PROVIDE TAX CREDI'fS 'fO

PERSONS WHO SELL AGRICULTURAL LAND TO BEGINNING FARMERS OR RANCHERS.

SIMILAR TAX CREDIT SYSTEMS HAVE BEEN IN EFFECT IN MINNESOTA AND NORTH

DAKOTA SINCE THE MID-SEVENTIES, AND HAVE WORKED WELL IN PROVIDING INCENTIVES

FOR THE SALE OF LAND TO QUALIFIED BEGINNING FARMERS, IN AN ERA IN WHICH THE

ECONOMY OTHERWISE PROVIDES DISINCENTIVES TO SUCH SALES.

THE TAX CREDIT SYSTEM HAS BEEN A KEY PART OF THE SUCCESS OF THE

MINNESOTA FAMILY FARM SECURITY PROGRAM, WHICH HAS HELPED 365 FAMILY FARMERS

GET ESTABLISHED SINCE 1977. NINETY PERCENT OF THE TRANSACTIONS MADE THROUGH

THE PROGRAMS ARE CONTRACT-FOR-DEED ARRANGEMENTS, THROUGH WHICH SELLERS ARE

ABLE TO REALIZE TAX ADVANTAGES.

"THE TAX IMPLICATION TO SELLERS HAS BEEN A KEY ITEM" IN MAKING THE

PROGRAM WORK, ACCORDING TO MINNESOTA FAMILY FARM SECURITY DIRECTOR WAYNE

MARZOLF. SELLERS HAVE "HELD THEIR INTEREST RATES AND PURCHASE PRICES DOWN

BECAUSE OF THE TAX BREAKS," HE SAID, AND ADDED THAT TAX CREDITS CAN OFTEN

IN./!'LUEtWI.!: LANDOWNEHS 'rQ SELL THEIR ~'ARMS TO BEGINNING FARMERS, RATHER THAN TO

LARGE, ESTABLISHED FARMERS.

A SIMILAR ASSESSMENT COMES FROM NORTH DAKOTA: "LANDOWNERS HAVE AN

INDUCEMENT TO SELL TO YOUNG FARMERS, SAID DEPUTY COMMISSIONER OF AGRICULTURE

BOB AMSTROP. "I KNOW IT HAS BEEN EFFECTIVE, ESPECIALLY FOR PEOPLE WHO ARE

GOING OUT OF THE BUSINESS OF FARMING AND HAVE NO SONS OR SONS-IN-LAW" TO TAKE

OVER THEIl{ l!'ARMS.

SO, THE MONTANA AGRICULTURAL LOAN AUTHORITY WOULD INCORPORATE TWO

MUTUALLY-COMPLEMENTARY TECHNIQUES FOR HELPING BEGINNING FARMERS AND RANCHERS

TO GET STARTED, BOTH OF WHICH HAVE PROVEN SUCCESSFUL IN OTHER STATES.

QUALIFIED BEGINNING FARMERS AND RANCHERS -- THOSE WHO HAVE THE PROPER

BACKGROUND AND TRAINING -- ARE THE PEOPLE ON WHOM THE FUTURE OF MONTANA'S

AGRICULTURE DEPENDS. WHEN THE CURRENT AGRICULTURAL DEPRESSION ENDS, IT WILL

BE THE YOUNG PEOPLE WITH THE FORESIGHT TO HAVE BUILT VIABLE FARM AND RANCH

OPERATIONS WHO WILL BE THE PRODUCTIVE GENERATION WHEN THE STATE'S CURRENTLY­

ESTABLISHED FARMERS RETIRE.

IF WE DO NOT PROVIDE WAYS THORUGH WHICH QUALIFIED BEGINNING FARMERS AND

RANCHERS CAN SUCCESSFULLY GET STARTED, WE STAND IN DANGER OF SEEING OUR

AGRICULTURAL LAND ACQUIRED BY LARGE, NONAGRICULTURAL CORPORATIONS. THESE

ENTITIES USUALLY DO NOT SUPPORT LOCAL COMMUNITIES AND BUSINESSES UPON WHICH

THE ECONOMY AND VITALITY OF THE STATE DEPENDS, AND THEY OFTEN ABUSE THE LAND,

RATHER THAN PRACTICING GOOD CONSERVATION TECHNIQUES.

WITH TODAY'S TREMENDOUS STARTUP COSTS AND HIGH INTEREST RATES, IT IS

VERY DIFFICULT FOR YOUNG PEOPLE TO GET STARTED IN AGRICULTURE WITHOUT

ASSISTANCE FROM PROGRAMS SUCH AS THAT WHICH WOULD BE CREATED BY SENATE BILL

316.

IN THE PAST TWO SESSIONS OF THE MONTANA LEGISLATURE, SENATOR TOWE HAS

INTRODUCED GOOD BILLS TO HELP BEGINNING FARMERS AND RANCHERS GET STARTED.

THEY FAILED TO PASS, BUT BY VERY NARROW MARGINS.

'I'll IS YEAR, SI!:NA'rOH '1'OWE liAS COME UP WI'1'11 AN lWI!;N UI!;'l"1'EH DILL. r'l' IS

BASED ON PROGRAMS THAT HAVE WORKED IN OTHER STATES, AND IT WILL WORK IN

MONTANA.

WE URGE YOU '1'0 APPROVE SENA'1'!!: BILL 316 FOR THE GOOD OF MONTANA, FOR THE

GOOD OF ITS AGRICULTURE AND THE GOOD OF ITS YOUNG PEOPLE.

IF MEMBERS OF THE COMMITTEE WOULD LIKE ADDITIONAL INFORMATION ABOUT

COMMUNICATING FOR AGRICULTURE, IT CAN BE FOUND IN THE BOOKLET, WORKING FOR

RURAL AMERICA, A COpy OF WHICH ACCOMPANIES EACH OF THE WRITTEN TESTIMONIES.

THANK YOU FOR THIS OPPORTUNITY.

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

ENERGY DIVISION

TED SCHWINDEN, GOVERNOR 32 SOUTH EWING

:~~J---~MEOFMON~NA---------(406) 449-3780 ADMINISTRATOR & PLANNING AND ANALYSIS BUREAU (406) 449-3940 CONSERVATION & RENEWABLE ENERGY BUREAU (406) 449-4600 FACILITY SITING BUREAU

Testimony on House Bill 865

HELENA, MONTANA 59620

My name is Leo Berry, Director of the Department of Natural Resources and

Conservation. The Department is not opposed to the concept of House Bill 865,

but we are opposed to the provision that takes one-half of the funds from the

Alternative Renewable Energy Sources Program and allocates them to the Department

of Commerce for grants to businesses that create neW jobs. The revenue loss

to our program is estimated to be $2.494 million for the next biennium.

Taking funds from the Alternative Renewable Energy Sources Program to

promote economic development is ironic because our program is one of the few

existing pr0grams in state government that actually promotes economic development

and creates new jobs in Montana. This development is specifically directed

to the renewable energy sector.

Last session the Legislature granted the Department the authority to make

loans through financial institutions in Montana for the commercialization of

renewable energy. The result of this change is a loan program that is a rather

innovative partnership between state government, financial institutions, and

the rE!newable energy industry.

The Department reviews loan applications for technical and engineering

feasibility. Financial institutions must not only perform the financial feasibility

and credit assessment of a project, but must agree to participate in the loan

by providing at least 10 percent of the loanable funds. Financial institutions

must also agree to service the loans. Our program relies on private sector

innovation and entrepreneurship, public sector engineering and energy knowledge,

and private sector financial expertise. Further, public funds are not only

IN EOVAL OPPORTUNITY EMPLOYER RXHIBI'r H

channelled through private financial institutions, but also leverage private

sector funds to make financing available for new and expanding businesses in

the renewable energy sector.

Promoting the renewable energy industry is important to the future of

Montana and embodies the original purpose of the Alternative Renewable Energy

Sources Program -- to use revenues from nonrenewable coal to develop other

sources of energy that are renewable. The renewable energy industry is not

only important to economic development in Montana because it directly employs

Montanans, but it also can provide sustainable energy to power new commercial

and industrial growth.

The demand that has been placed on program funds that are available for

loans to commercialize renewable energy attest to the potential growth of this

sector. In FY 1982, the first year loans could be made, we received 18 loan

applications. The Department authorized nine applicants to pursue Renewable

Energy Program loan financing through their private financial institutions.

Seven applicants successfully arranged financing, for a total state investment

of $767,700 and a matching investment of $85,300 on the part of the financial

institutions. Loan activities financed in FY 1982 include commercial development

of ! solar domestic water heating system, commercial hogfuel chip producticn

from forest thinnings, and operating expenses for expansion of a commercial

alcohol fuel plant. All these projects created new jobs for Montanans.

This fiscal year we have invested an additional $292,500 in renewable

businesses and have just reviewed 17 loan applications requesting $2,908,086.

The Department has authorized eight applicants to pursue Renewable Energy Program

loan financing through the financial they choose. $700,00 was allocated to

fund these projects. Additional loan applications have been received during

the spring loan cycle. Approximately $300,000 in program funds is available

to fill these loan requests.

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ks y

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1.25

pe

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on

th t

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ake

su

re 1

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ea

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eri

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hic

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ill w

ork

th

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ea

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ell-

be

ing

an

d a

dva

nce

me

nt

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rura

p

eo

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org

an

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rou

p th

at C

on

gre

ssm

en

Un

ite

d S

tate

s w

ill l

iste

n t

o.

Do

n't

yo

u a

gre

e?

We will continue to award grants for the research, development and

demonstration of renewable energy, as these are very important aspects of our

program. However, the majority of these funds will be directed to loans for

new and expanding renewable energy businesses. In FY82 we awarded approximately

70 percent of our funds as loans.

The impact of reducing our program funding by 50 percent would be not only

the loss of approximately $2.5 million in loanable funds to the renewable energy

sector, but also the private sector funds that would be leveraged with our

money. This reduction will come at a time when we cannot come close to meeting

the demand for our loanable funds.

It makes no sense to take money from a program that provides loanable funds

to new and expanding businesses in one sector and award these funds as grants

to new and expanding businesses in different sectors. I would urge the committee,

if it decides to keep the new job grant provisions in this bill, to find another

funding source, one that does not already promote economic development in

Montana.