Bill Summary – FastDemocracy

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69th Legislature 2025                                                                                          LC0246.1
                                      _____________ BILL NO. _____________
                   INTRODUCED BY _________________________________________________
                                 BY REQUEST OF THE PUBLIC SERVICE COMMISSION
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING TELECOMMUNICATION REGULATION
  LAWS; ELIMINATING PUBLIC SERVICE COMMISSION RATE REGULATION; ELIMINATING THE
  MONTANA STATE UNIVERSAL FUND; REPEALING THE PERFORMANCE ASSURANCE PLAN STATE
  ACCOUNT AND THE ASSOCIATED STATUTORY APPROPRIATION; AMENDING SECTIONS 15-53-129, 17-
  7-502, 69-3-225, 69-3-302, 69-3-305, 69-3-803, AND 69-3-805, MCA; REPEALING SECTIONS 69-3-808, 69-3-
  809, 69-3-810, 69-3-821, 69-3-841, 69-3-842, 69-3-843, 69-3-844, 69-3-845, 69-3-846, 69-3-870, 69-3-901, 69-
  3-902, 69-3-903, 69-3-904, 69-3-906, 69-3-907, AND 69-3-910, MCA; AND PROVIDING AN IMMEDIATE
  EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 15-53-129, MCA, is amended to read:
          "15-53-129.    (Temporary) Definitions. As used in this part, unless the context requires otherwise, the
  following definitions apply:
          (1)      "Call-by-call basis" means any method of charging for telecommunications services that
  measures the price by individual calls.
          (2)      (a) "Charges for mobile telecommunications services" means any charge for, or associated
  with, the provision of commercial mobile radio service, as defined in 47 CFR 20.3, as in effect on June 1, 1999,
  or any charge for, or associated with, a service provided as an adjunct to a commercial mobile radio service
  that is billed to the customer by or for the customer's home service provider regardless of whether individual
  transmissions originate or terminate within the licensed service area of the home service provider.
          (b)      The term does not include one-way radio communications as included in 47 CFR 20.3, as in
  effect on June 1, 1999.
          (3)      (a) "Customer" or "purchaser" means, except as provided in subsection (3)(b), a person who
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69th Legislature 2025                                                                                         LC0246.1
  acquires for consideration retail telecommunications services for use or consumption and not for resale.
          (b)      For purposes of mobile telecommunications services, the term means:
          (i)      the person or entity that contracts with the home service provider for mobile
  telecommunications services; or
          (ii)     if the end user of mobile telecommunications services is not the contracting party, the end user
  of the mobile telecommunications services, but only for the purpose of determining the place of primary use.
          (c)      The term does not include:
          (i)      a reseller of mobile telecommunications services; or
          (ii)     a serving carrier under an arrangement to serve the customer outside the home service
  provider's licensed service area.
          (4)      "Home service provider" means the facilities-based carrier or reseller that the customer
  contracts with for the provision of mobile telecommunications services.
          (5)      "Mobile telecommunications services" means commercial mobile radio service, as defined in 47
  CFR 20.3, as in effect on June 1, 1999.
          (6)      "Place of primary use" means the street address for the premises where the customer's use of
  telecommunications services primarily occurs, which must be the residential street address or the primary
  business street address of the customer. For mobile telecommunications services, the place of primary use
  must be within the licensed service area of the home service provider.
          (7)      "Postpaid calling basis" means that telecommunications services are obtained by making a
  payment on a call-by-call basis, either through the use of a card or payment mechanism, such as a bank card,
  travel card, credit card, or debit card, or by a charge made to a telephone number that is not associated with
  the origination or termination of the telecommunications service.
          (8)      "Private communications service" means a telecommunications service that entitles the
  customer to exclusive or priority use of a communications channel or group of channels between or among
  termination points, regardless of the manner in which the channel or channels are connected, and includes
  switching capacity, extension lines, stations, and other associated services that are provided in connection with
  the use of the channel or channels.
          (9)      (a) "Reseller" means a provider who purchases mobile telecommunications services from
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69th Legislature 2025                                                                                            LC0246.1
  another telecommunications services provider and then resells, uses as a component part of, or integrates the
  purchased services into a mobile telecommunications service.
           (b)     The term does not include a serving carrier with which a home service provider arranges for the
  services to its customers outside the home service provider's licensed service area.
           (10)    (a) "Retail telecommunications" means, except as provided in subsection (10)(b), the two-way
  transmission of voice, image, data, or other information over wire, cable, fiber optics, microwave, radio, satellite,
  or similar facilities that originates or terminates in this state and is charged to a customer with a Montana
  service address.
           (b)     For mobile telecommunications services, the term means the two-way transmission of voice,
  image, data, or other information that originates or terminates in a single state that is charged to a Montana
  service address.
           (c)     The term includes but is not limited to local exchange, long-distance, private communications,
  two-way paging, wireless telecommunications, and related services, regardless of whether the services are
  paid for on a call-by-call basis or postpaid calling basis.
           (11)    (a) "Sales price" means the consideration paid for the distribution, supply, furnishing, sale,
  transmission, or delivery of retail telecommunications services to the end-user customer.
           (b)     The term does not include:
           (i)     an amount added to the customer's bill because of a charge made pursuant to the tax imposed
  by this part;
           (ii)    charges added to a customer's bill under 10-4-201, and 53-19-311, and 69-3-844;
           (iii)   federal excise taxes or other federally imposed charges or fees collected for and remitted to a
  federal government entity;
           (iv)    a charge for a dishonored check;
           (v)     a finance or credit charge, penalty or charge for delayed payment, or discount for prompt
  payment;
           (vi)    a charge for construction or relocation of facilities;
           (vii)   charges for the installation, repair, inspection, or servicing of equipment and wiring located on
  customer premises;
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69th Legislature 2025                                                                                                 LC0246.1
          (viii)   bad debt;
          (ix)     a charge added by a hotel, motel, or similar facility for telecommunications services used in
  placing calls for guests;
          (x)      charges paid by inserting coins in coin-operated telecommunications devices; and
          (xi)     charges for telecommunications services that have been prepaid by a prepaid calling card that
  enables the origination of calls by using an access number or authorization code.
          (12)     (a) "Service address" means, except as provided in subsection (12)(b):
          (i)      the location of the telecommunications equipment to which a customer's call is charged and
  from which the call originates or terminates, regardless of the location to which the bill for the call is sent or the
  location from which the payment of the bill is received;
          (ii)     if the location in subsection (12)(a)(i) is not known, the origination point of the signal of the
  telecommunications service first identified by either the seller's telecommunications system or, if the system
  used to transport the signal is not that of the seller, in information received by the seller from its service
  provider; or
          (iii)    if the location in subsection (12)(a)(i) or (12)(a)(ii) is not known, the location of the customer's
  place of primary use.
          (b)      For mobile telecommunications services, the term means the location in Montana of the
  customer's place of primary use.
          (13)     "Serving carrier" means a facilities-based carrier providing mobile telecommunications services
  to a customer outside a home service provider's or reseller's licensed service area.
          (14)     "Telecommunications services provider" means a person providing retail telecommunications
  services. (Terminates on occurrence of contingency--sec. 8, Ch. 515, L. 2003.)
          15-53-129.      (Effective on occurrence of contingency) Definitions. As used in this part, unless the
  context requires otherwise, the following definitions apply:
          (1)      "Customer" or "purchaser" means a person who acquires for consideration retail
  telecommunications services for use or consumption and not for resale.
          (2)      "Retail telecommunications" means the two-way transmission of voice, image, data, or other
  information over wire, cable, fiber optics, microwave, radio, satellite, or similar facilities that originates or
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69th Legislature 2025                                                                                             LC0246.1
  terminates in this state and is billed to a customer with a Montana service address. The term includes but is not
  limited to local exchange, long-distance, two-way paging, wireless telephony, and related services.
           (3)      (a) "Sales price" means the consideration paid for the distribution, supply, furnishing, sale,
  transmission, or delivery of retail telecommunications services to the end-user customer.
           (b)      Sales price does not include:
           (i)      an amount added to the customer's bill because of a charge made pursuant to the tax imposed
  by this part;
           (ii)     charges added to a customer's bill under 10-4-201, and 53-19-311 and 69-3-844;
           (iii)    federal excise taxes or other federally imposed charges or fees collected for and remitted to a
  federal government entity;
           (iv)     a charge for a dishonored check;
           (v)      a finance or credit charge, penalty or charge for delayed payment, or discount for prompt
  payment;
           (vi)     a charge for construction or relocation of facilities;
           (vii)    the installation, repair, inspection, or servicing of equipment and wiring located on customer
  premises;
           (viii)   bad debt;
           (ix)     a charge added by a hotel, motel, or similar facility for telecommunications services used in
  placing calls for guests;
           (x)      charges paid by inserting coins in coin-operated telecommunications devices; and
           (xi)     charges for telecommunications services that have been prepaid by a prepaid calling card that
  enables the origination of calls by using an access number or authorization code.
           (4)      "Service address" means:
           (a)      the location from where the retail telecommunications services originated or where the retail
  telecommunications services are received; or
           (b)      where there is not a defined location, the location in Montana where the statement of charges
  for retail telecommunications services is mailed.
           (5)      "Telecommunications services provider" means a person providing retail telecommunications
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69th Legislature 2025                                                                                            LC0246.1
  services."
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          Section 2. Section 17-7-502, MCA, is amended to read:
          "17-7-502.   Statutory appropriations -- definition -- requisites for validity. (1) A statutory
  appropriation is an appropriation made by permanent law that authorizes spending by a state agency without
  the need for a biennial legislative appropriation or budget amendment.
          (2)      Except as provided in subsection (4), to be effective, a statutory appropriation must comply with
  both of the following provisions:
          (a)      The law containing the statutory authority must be listed in subsection (3).
          (b)      The law or portion of the law making a statutory appropriation must specifically state that a
  statutory appropriation is made as provided in this section.
          (3)      The following laws are the only laws containing statutory appropriations: 2-17-105; 5-11-120; 5-
  11-407; 5-13-403; 5-13-404; 7-4-2502; 7-4-2924; 7-32-236; 10-1-108; 10-1-1202; 10-1-1303; 10-2-603; 10-2-
  807; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-3-316; 10-3-802; 10-3-1304; 10-4-304; 10-4-310; 15-1-121;
  15-1-142; 15-1-143; 15-1-218; 15-1-2302; 15-31-165; 15-31-1004; 15-31-1005; 15-35-108; 15-36-332; 15-37-
  117; 15-39-110; 15-65-121; 15-70-128; 15-70-131; 15-70-132; 15-70-433; 16-11-119; 16-11-509; 17-3-106; 17-
  3-212; 17-3-222; 17-3-241; 17-6-101; 17-6-214; 17-7-133; 17-7-215; 18-11-112; 19-3-319; 19-3-320; 19-6-410;
  19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 19-20-604; 19-20-607; 19-21-203; 20-3-
  369; 20-7-1709; 20-8-107; 20-9-250; 20-9-534; 20-9-622; [20-15-328]; 20-26-617; 20-26-1503; 22-1-327; 22-3-
  116; 22-3-117; [22-3-1004]; 23-4-105; 23-5-306; 23-5-409; 23-5-612; 23-7-301; 23-7-402; 30-10-1004; 37-43-
  204; 37-50-209; 37-54-113; 39-71-503; 41-5-2011; 42-2-105; 44-4-1101; 44-4-1506; 44-12-213; 44-13-102; 50-
  1-115; 53-1-109; 53-6-148; 53-9-113; 53-24-108; 53-24-206; 60-5-530; 60-11-115; 61-3-321; 61-3-415; 67-1-
  309; 69-3-870; 69-4-527; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 75-26-308; 76-13-150; 76-13-151; 76-
  13-417; 76-17-103; 77-1-108; 77-2-362; 80-2-222; 80-4-416; 80-11-518; 80-11-1006; 81-1-112; 81-1-113; 81-2-
  203; 81-7-106; 81-7-123; 81-10-103; 82-11-161; 85-20-1504; 85-20-1505; [ 85-25-102]; 87-1-603; 87-5-909;
  90-1-115; 90-1-205; 90-1-504; 90-6-331; and 90-9-306.
          (4)      There is a statutory appropriation to pay the principal, interest, premiums, and any costs or fees
  associated with issuing, paying, securing, redeeming, or defeasing all bonds, notes, or other obligations, as due
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69th Legislature 2025                                                                                           LC0246.1
  in the ordinary course or when earlier called for redemption or defeased, that have been authorized and issued
  pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of
  Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined
  by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have
  statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 10, Ch. 360, L. 1999, the
  inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement
  system's unfunded liability is 10 years or less; pursuant to sec. 73, Ch. 44, L. 2007, the inclusion of 19-6-410
  terminates contingently upon the death of the last recipient eligible under 19-6-709(2) for the supplemental
  benefit provided by 19-6-709; pursuant to sec. 5, Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on
  occurrence of contingency; pursuant to sec. 6, Ch. 423, L. 2015, the inclusion of 22-3-116 and 22-3-117
  terminates June 30, 2025; pursuant to sec. 4, Ch. 122, L. 2017, the inclusion of 10-3-1304 terminates
  September 30, 2025; pursuant to sec. 1, Ch. 213, L. 2017, the inclusion of 90-6-331 terminates June 30, 2027;
  pursuant to sec. 10, Ch. 374, L. 2017, the inclusion of 76-17-103 terminates June 30, 2027; pursuant to secs.
  11, 12, and 14, Ch. 343, L. 2019, the inclusion of 15-35-108 terminates June 30, 2027; pursuant to sec. 1, Ch.
  408, L. 2019, the inclusion of 17-7-215 terminates June 30, 2029; pursuant to secs. 1, 2, 3, Ch. 139, L. 2021,
  the inclusion of 53-9-113 terminates June 30, 2027; pursuant to sec. 8, Ch. 200, L. 2021, the inclusion of 10-4-
  310 terminates July 1, 2031; pursuant to secs. 3, 4, Ch. 404, L. 2021, the inclusion of 30-10-1004 terminates
  June 30, 2027; pursuant to sec. 5, Ch. 548, L. 2021, the inclusion of 50-1-115 terminates June 30, 2025;
  pursuant to secs. 5 and 12, Ch. 563, L. 2021, the inclusion of