HB166.pdf - Montana Judicial Branch

55th Legislature

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HOUSE Bill NO. 166

INTRODUCED BY ZOOK, GROSFIELD

BY REQUEST OF THE LEGISLATIVE FINANCE COMMITTEE

HB0166.01

5 A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING AND CLARIFYING STATUTES

6 CONTAINING STATUTORY APPROPRIATIONS AND DEDICATIONS OF REVENUE; REMOVING THE

7 STATUTORY APPROPRIATION O!= CERTAIN FUNDS; PROVIDING FOR THE DEPOSIT OF CERTAIN FUNDS

8 IN THE STATE GENERAL FUND RATHER THAN THE SPECIAL REVENUE FUND; AMENDING SECTIONS

9 2-15-501, 2-17-105, 10-2-416, 10-4-301, 10-4-302, 15-1-501, 15-30-153, 15-36-324, 15-38-106,

10 15-65-121, 15-70-125, 16-1-306, 16-1-404, 16-1-406 HJ-1-409, 16-11-119, 16-11-206, 17-1-508,

11 17-5-403, 17-5-404, 17-5-405, 17-5-408, 17-5-804, 17-6-201, 17-7-502, 19-19-205, 20-3-108,

12 20-9-361, 32-1-537, 39-71-503, 39-71-531, 39-71-533, 39-71-2354, 39-71-2503, 39-71-2504,

13 49-2-510, 50-5-112, 50-5-113, 50-5-232, 50-40-206, 53-6-150, 53-19-310, 53-19-311, 53-24-108,

14 60-2-220, 60-11-120, 60-11-123, 61-3-509, 61-5-121, 75-5-1108, 75-6-214, 75-10-954, 76-12-123,

15 77-2-323, 77-2-328, 77-5-305, 82-11-136, 85-1-220, 90-3-301, 90-7-220, AND 90-7-221, MCA;

16 REPEALING SECTIONS 10-2-417, 15-1-111, 15-31-408, 15-65-122, 15-65-131, 16-1-408, 16-1-410,

17 39-71-534, 60-11-122, AND 77-5-306, MCA; AND PROVIDING EFFECTIVE DATES."

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19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

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21 Sec.tion 1. Section 2-15-501, MCA, is amended to read:

22 "2-15-501. (Temporary) General duties. It is the duty of the attorney general:

23 ( 1) to prosecute or defend all causes in the supreme court in which the state or any officer of the

24 state in the officer's official capacity is a party or in which the state has an interest;

25 (2) to represent the state in all bankruptcy proceedings in which the state's interest may be

26 affected;

27 (3) after judgment in any of the causes referred to in subsections (1) and (2), to direct the issuing

28 of a process as may be necessary to carry the judgment into execution;

29 (4) to keep a register of all cases prosecuted or defended by the attorney general. The register

30 must be open to the inspection of the public during business hours. The attorney general shall deliver the

rLepls/tUive \Sen,lces ''\!?_iviiion

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INTRODUCED BILL

55th Legislature HB0166.01

register to the attorney general's successor in office.

2 (5) to exercise supervisory powers over county attorneys in all matters pertaining to the duties of

3 their offices and from time to time require of them reports as to the condition of public business entrusted

4 to their charge. The supervisory powers granted to the attorney general by this subsection include the

5 power to order and direct county attorneys in all matters pertaining to the duties of their office. The county

6 attorney shall, when ordered or directed by the attorney general, promptly institute and diligently prosecute

7 in the proper court and in the name of the state of Montana any criminal or civil action or special

8 proceeding.

9 (6) when required by the public service or directed by the governor, to assist the county attorney

1 O of any county in the discharge of the county attorney's duties or to prosecute or defend appropriate cases

11 in which the state or any officer of the state in the officer's official capacity is a party or in which the state

1 2 has an interest;

13 (7) to give an opinion in writing, without fee, to the legislature or either house of the legislature,

14 to any state officer, board, or commission, to any county attorney, to the city attorney of any city or town,

15 or to the board of county commissioners of any county of the state when required upon any question of

16 law relating to tfleif the respective offices. The attorney general shall give the opinion within 3 months

17 following the date that it is requested unless the attorney general certifies in writing to the requesting party

18 that the question is of sufficient complexity to require additional time. If an opinion issued by the attorney

19 general conflicts with an opinion issued by a city attorney, county attorney, or an attorney employed or

20 retained by any state officer, board, commission, or department, the attorney general's opinion is

21 controlling unless overruled by a state district court or the supreme court.

22 (8) to discharge the duties of a member of the board of examiners and state board of land

23 commissioners;

24 (9) to deposit in the state general fund amounts recovered on behalf of the state in antitrust or

25 consumer protection actions;

26 t91-J..1Ql to perform all other duties as required by law. (Terminates June 30, 1997--sec. 4, Ch. 196,

27 L. 1995.)

28 2-15-501. (Effective July 1, 19971 General duties. It is the duty of the attorney general:

29 ( 1 l to prosecute or defend all causes in the supreme court in which the state or any officer of the

30 state in R+6 the officer's official capacity is a party or in which the state has an interest;

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(2) after judgment in any of the causes referred to in subsection ( 1), to direct the issuing of a

process as may be necessary to carry the judgment into execution;

(3) to keep a register of all cases prosecuted or defended by RiFR, wl:iioR the attorney general. The

register must be open to the inspection of the public during business hourn be epen ta tl:ie inspeotion et

tl:ie publio. The attorney general ff¼HSt shall deliver the register to~ the attorney general's successor in

office .

(4) to exercise supervisory powers over county attorneys in all matters pertaining to the duties of

their offices and from time to time require of them reports as to the condition of public business entrusted

to their charge. The supervisory powers granted to the attorney general by this subsection include the

power to order and direct county attorneys in all matters pertaining to the duties of their office. The county

attorney shall, when ordered or directed by the attorney general, promptly institute and diligently pro~ecute

in the proper court and in the name of the state of Montana any criminal or civil action or special

proceeding.

(5) when required by the public service or directed by the governor, to assist the county attorney

of any county in the discharge of 1'tis the county attorney's duties or to prosecute or defend appropriate

cases in which the state or any officer of the state in~ the officer's official capacity is a party or in which

the state has an interest;

(6) to give~ an opinion in writing, without fee, to the legislature or either house of the legislature,

to any state officer, board, or commission, to any county attorney, to the city attorney of any city or town,

and to the board of county commissioners of any county of the state when required upon any question of

law relating to tfleif. the respective offices. M-e The attorney general shall give an;• sueh the opinion within

3 months following the date that it is requested unless Re the attorney general certifies in writing to the

requesting party that the question is of sufficient complexity to require additional time. If an opinion issued

by the attorney general conflicts with an opinion issued by a city attorney, county attorney, or an attorney

employed or retained by any state officer, board, commission, or department, the attorney general's opinion

is controlling unless overruled by a state district court or the supreme court.

(7) to discharge the duties of a member of the board of examiners and state board of land

commissioners;

1§LjQ. deposit in the state general fund amounts recovered on behalf of the state in antitrust or

consumer protection actions;

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tSHfil to perform all other duties as required by law."

Section 2. Section 2-17-105, MCA, is amended to read:

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"2-17-105. Insurance on state buildings -- use of proceeds -- building replacement. ( 1) Mono·,·s

Money received by the state as indemnification for damage to state buildings, except buildings procured

by the department of transportation by purchase or condemnation for right-of-way purposes, sAall must be

7 deposited in the state special revenue fund. The money is statutorily appropriated, as provided in

8 17-7-502, for the purposes of subsections (2) and (3).

g (2) Those ffloneys aro statutorily ai:ii:iropriateel as previeleel in 17 7 e02 anel The money may only

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11 (a) used to repair the damaged property;

12 (b) used to replace the damaged property, subject to the limitations in subsection (3) of this

13 see1ioA; or

14 (c) transferred to the fund and account from which the premiums were paid on the policy covering

15 the building. Moneys Money transferred in this manner may not be spent by the institution or agency having

16 custody of the damaged property but sAall must be available for future legislative appropriation. If the

17 ffleneys are money is not spent or committed within 2 years from the time t"1ey are that it is received, they

18 sAall the money automatically f&Y9ft reverts to the fund and account from which the premiums were paid.

19 (3) If an insured building is totally destroyed or so badly damaged that repair is impractical, the

20 governing board or officer responsible for the building may authorize request that any ffleneys money

21 received by the state as indemnification for property damage te be used to replace the building only if the

22 proposed replacement is designed to be used for the same general purposes as the damaged or destroyed

23 building, and for this i:iurpese the amounts a•railaele therefor are statuteril'J' appre13riateel as 13re·,•ieleel in

24 17 7 602. If the governing board or officer determines that the building should not be replaced, any ffloneys

25 money received by the state as indemnification for property damage over and above any outstanding debt

26 on the building sAall must be transferred as provided in subsection (2)(c) of ti:lis seetien."

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"10-2-416. Pledge to continue operation and maintenance. Pursuant to 38 U.S.C. 641 and

30 5035(a)(6), the state shall appropriate funds oi#lef from the general fund er freffl funes generates 1cJnEler

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1 1 e 11 111 to the department of public health and human services financial support necessary to provide

2 for continued operation and maintenance of the state home for veterans in eastern Montana. The

3 department of public health and human services may contract with a private vendor to provide for the

4 operation of the eastern Montana veterans' home and may charge the contract vendor a rental fee for the

5 maintenance and upkeep of the facility."

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Section 4. Section 10-4101, MCA, is amended to read:

"10-4-301. Establishment of emergency telecommunications account. A 9-1-1 emergency

9 telecommunications account is established in the state special revenue fund in the state treasury. An

10 amount equal to 6. 91 % of the money received pursuant t'l 10 4-201 must be deposited in the state general

11 fund. All remaining money received by the department of revenue pursuant to 10-4-201 must be paid to

12 the state treasurer for deposit in the account. After payment of refunds pursuant to 10-4-205, the balance

t 3 of the account must be used for the purposes described in part 1 of this chapter. Tl'le distFieutieA ef tl'le

14 8 1 1 effieF!je1~O•,1 teleoommuAieatiens aoeeunt, aeeerdiA!I te tl=le reeiuirements ef 10 4 302, is statuterily

15 apprnpriateel. Expenditures for actual and necessary expenses required for the efficient administration of

16 the plan must be made from tempeFaPf appropriations, as deseribeel in 17 7 li01 ( 1 l er (2), made for that

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"10-4-302. Distribution of account by department. ( 1) The department shall make quarterly

distributions of the entire account l3e!jinning OR April 1, 1887. The distributions must be made for the

fellewiAg:

(al admiAistrative easts ineurreel eluring tl=le preeedin!I ealenelar 11uaFter 13•; the elepartment ef

re•,enue in eawring eut tl=lis el'lapter. Tl'le amouAt paiel may net 011000d 1 % ef the aeeeunt en tl'le elate of

aistrieutien or aetual ei<peAsos ineurred, ,,.,l'liol'l0•10F is less.

(13) admiAistrati¥e easts ineurree Eluring tl'le preeeelin!I ealeAelaF eiumteF ey the elepaFtment in

earryiAg eut its elut10s uneler tl'lis el'lapter. Tl'le depaHment's aAnual reee\'BFy ef easts ffiay Rat 011eeeel n,;,

ef tl=!e ameunt eelleetea B'f tl'le aeeeunt eluFing tl'le fiseal year er aetual e11penses iAourred, wl'liel'lever is less.

{et costs incurred during the preceding calendar quarter by each provider of telephone service in

the state for:

(Legislaliv~ 1S!rv/cl!S "\!!,_ivision

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1 ffi@l collection of the fee imposed by 10-4-201;

2 fi+HQJ. modification of central office switching and trunking equipment for emergency telephone

3 service only; and

4 tiiitiij conversion of pay station telephones required by 10-4-121.

5 (2) Payments under subsection { 1 )W may be made only after application by the provider to the

6 department for costs incurred in subsection { 1 )W. The department shall review all applications relevant to

7 subsection ( 1 )W for appropriateness of costs claimed by the provider. If the provider contests the review.

8 payment may not be made until the amount owed the provider is made certain.

9 (3) After all amounts under subsections ( 1) and (2) have been paid, the balance of the account

10 must be allocated to cities and counties on a per capita basis. However, each county must be allocated a

11 minimum of 1 % of the balance of the counties' share of the account. A 9-1-1 jurisdiction whose 9-1-1

1 2 service area includes more than one city or county is eligible to receive operating funds from the allocation

13 for each city or county involved. The department shall distribute to the accounting entity designated by a

14 9-1-1 jurisdiction with an approved final plan the proportional amount for each city or county served by the

15 9-1-1 jurisdiction. The department shall provide a report indicating the proportional share derived from the

16 individual city's or county's allocation with each distribution to a 9-1-1 jurisdiction.

17 (4) If the department through its monitoring process determines that a 9-1-1 jurisdiction is not

18 adhering to an approved plan or is not using funds in the manner prescribed in 10-4-303, the department

19 may, after notice and hearing, suspend payment to the 9-1-1 jurisdiction. The jurisdiction is not eligible to

20 receive funds until such time as the department determines that the jurisdiction is complying with the

21 approved plan and fund usage limitations."

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23 Section 6. Section 15-1-501, MCA, is amended to read:

24 "15-1-501. Disposition of money from certain designated license and other taxes. ( 1) The state

25 treasurer shall deposit to the credit of the state general fund in accordance with the provisions of

26 subsection Wt Ql all money received from the collection of:

27 la) income taxes. interest, and penalties collected under chapter 30:

28 {b) except as provided in 15-31-702, all taxes, interest, and penalties collected under chapter 31;

29 le) oil and natural gas production taxes allocated under 15-36-324(7)(a);

30 (al fees froFf1 eriYor's liooAses, Ffletoro·(olo oAeerserneAts, aAe euJ!lioato eriyor's lieeAsos as

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1 prn 1,idod in 61 Ii 121;

2 +etJ..Ql electrical energy producer's license taxes under chapter 51;

3 (el telephone company license taxes under chapter 53;

4 Mill liquor license taxes under Title 16;

5 (d) telephone oompanv lioenso taHos und-or ohaptor li3; and

6 (gl fees from driver's licenses, motorcycle endorsements, and duplicate driver's licenses as

7 provided in 61-5-121; and

8 Mill inheritance and estate taxes under Title 72, chapter 16.

9 12) All money reooi¥ed tram the eelleotion el :r100me ta1,es under ohapter 30 of this title must, in

10 aeeordanoe with the pre•,isiene et subseotion (6), be ctaposited as fellews:

11 (al 91 _3q" ef the ta1tes to tho erodit of tialo state !Jenera! iund;

12 (b) 8.7% of tlalo ta110s to tlale eredit of the debt ser>tiee aeoeunt for lon!J range building prngram

13 bonds as deseribod in 17 Ii 408; and

14 (e) all interest and penalties to tho oreait of tho state general fund.

15 (3) All monov rooei 1,ed frnm the solleetion of eorporatien lieonso and ineomo ta"es unEler elalapter

16 31 of tialis title, e1toept as prevideEI in 1 Ii 31 702, must, in aeeordanee witlal tialo provisions of subseetion

17 (el, be depositoEI as follows:

18 (al 89.li% of tlalo tal!OG M tlalo orodit of tho state !lBnoral fund;

19 (el 1 O.li % of tlalo ta1tes to tho oredit of tiale dost sori,ieo aeeount for lon!l ran!le euilElin§ pro!Jram

20 bones as Eloseriaed in 17 !i 4 08; an El

21 (el all interest an El penalties to tRe ere El it of tt:le state general fun El.

22 t4+ill The department of revenue shall also deposit to the credit of the state general fund all money

23 received from the collection of license taxes and fees and all net revenue and receipts from all other sources

24 under the operation of the Montana Alcoholic Beverage Code.

25 (el Oil and natural !JBS proE11,1etion ta110s alloeatod 1,1naor 1 !i 3e 324 (7)fa) must be deposited in tho

26 !JBneral fund.

27 fe+lli Notwithstanding any other provision of law, the distribution of tax revenue must be made

28 according to the provisions of the law governing allocation of the tax that were in effect for the period in

29 which the tax revenue was recorded for accounting purposes. Tax revenue must be recorded as prescribed

30 by the department of administration, pursuant to 17-1-102(2) and (5), in accordance with generally

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accepted accounting principles.

2 P.H.11 All refunds of taxes must be attributed to the funds in which tho taxes are currently being

3 recorded. All refunds of interest and penalties must be attributed to tho funds in which tho interest and

4 penalties are currently being recorded."


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7 "15-30-153. Funding for administration of special revenue accounts s13eeial re•~eRue aeeeuRt

8 fer tai< eheekeff admiRiotratien. (1) The department shall charge any special revenue account ereated after

9 JaAuary 1, 1 QQa, that is funded by means of an income tax checkoff the actual and necessary cost to

10 create the special revenue account and to place the checkoff on the income tax return.

11 12) In addition to the charges in subsection (1 ), the department shall charge each special re_venue

1 2 account funded by means of an income tax checkoff the actual expenses necessary to administer the

13 account. The department's charges may not exceed $3,000 for a tax year.

14 (3) TheFO are spooial re..-oAuo aeeeuAts iA tho state troasur~• for tho aEiR'liAistratien of iAoeFAe ta;c

15 ehoolwffs.

16 f4} All charges collected pursuant to subsections ( 1) and (2) must be deposited in a tan ehoelrntt

17 aaFAiAistration aooeuAt tho state general fund.

18 (Iii The FAonoy in a tm.: eheel1eff aElR'liAistratieA aeeeunt, subjeet to apJ'lFOJ'lFiation, must he

19 O)(J'lOndea to aeminister tRe ineorno ta11 oReokoff for 'NAieh the aoeount was ornatod."

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21 Section 8. Section 15-36-324, MCA, is amended to road:

22 "15-36-324. Distribution of taxes. (1 l For each calendar quarter, the department of revenue shall

23 determine tho amount of tax, late payment interest, and penalty collected under this part. For purposes of

24 distribution of tho taxes to countv and school taxing units, the department shall determine the amount of

25 oil and natural gas production taxes paid on production from pre-1985 wells, post-1985 wells, and

26 horizontally drilled wells located in the taxing unit.

27 (2) Except as provided in subsections (3) and (4), oil production taxes must be distributed as

28 follows:

29 (a) The amount equal to 41 .6 % of the oil production taxes, including late payment interest and

30 penalty, collected under this part must be distributed as provided in subsection (7).

CLegisl!"ive .,,Services ~ Division

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55th Legislature HB0l 66.01

1 (bl The remaining 58.4% of the oil production taxes, plus accumulated interest earned on the

2 amount allocated under this subsection (2l(b), must be deposited in the ageAe~· state special revenue fund

3 in the state treasury and transferred to the county and school taxing units for distribution as provided in

4 subsection (8).

5 (3) The amount equal to 100% of the oil production taxes, including late payment interest and

6 penalty, collected frorn working interest owners on production from post-1985 wells occurring during the

7 first 12 months of production must be distributed as provided in subsection (7).


9 penalty, collected under this part on production from horizontally drilled wells and on the incremental

10 production from horizontally recompleted wells occurrir.g during the first 18 months of production must be

1 1 distributed as provided in subsection (7).

12 (5) Except as provided in subsection (6), natural gas production taxes must be allocated as follows:

13 (al The amount equal to 14.6% of the natural gas production taxes, including late payment interest

14 and penalty, collected under this part must be distributed as provided in subsection (7l.

15 (b) The remaining 85.4% of the natural gas production taxes, plus accumulated interest earned on

16 the amount allocated under this subsection {5)(b). must be deposited in the ageAe'; state special revenue

1 7 fund in the state treasury and transferred to the county and school taxing units for distribution as provided

18 in subsection (8).

19 (6) The amount equal to 100% of the natural gas production taxes, including late payment interest

20 and penalty, collected from working interest owners under this part on production from post-1985 wells

21 occurring during the first 12 months of production must be distributed as provided in subsection 17).

22 (7) The department shall, in accordance with the provisions of 15-1-50H6l-, distribute the state

23 portion of oil and natural gas production taxes, including late payment interest and penalty collected, as

24 follows:

25 (a) 85 % to the state general fund;

26 (bl 4.3% to the state special revenue fund for the purpose of paying expenses of the board as


28 (c) 10. 7% to be distributed as provided by 15-38-106(2).

29 (8) (al For the purpose of distribution of the oil and natural gas production taxes from pre-1985

30 wells, the department shall each calendar quarter adjust the unit value determined under 15-36-323

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1 according to the ratio that the oil and natural gas production taxes from pre-1985 wells collected during

2 the calendar quarter for which the distribution occurs plus penalties and interest on delinquent oil and

3 natural gas production taxes from pre-1985 wells bears to the total liability for the oil and natural gas

4 production taxes from pre-1985 wells for the quarter for which the distribution occurs. The amount of o;I

5 and natural gas production taxes distributions must be calculated and distributed as follows:

6 (i) By the dates referred to in subsection (91, the department shall calculate and distribute to each

7 eligible county the amount of oil and natural gas production taxes from pre-1985 wells for the quarter,

8 determined by multiplying the unit value, as adjusted in this subsection (8)(a), by the units of production

9 on which oil and natural gas production taxes from pre-1985 wells were owed for the calendar quarter for

1 0 which the distribution occurs.

11 (iii Any amount by which the total tax liability exceeds or is less than the total distributions

12 determined in subsection (Bllal must be calculated and distributed in the following manner:

13 (Al The excess amount or shortage must be divided by the total distribution determined for that

14 period to obtain an excess or shortage percentage.

15 (Bl The excess percentage must be multiplied by the distribution to each taxing unit, and this

16 amount must be added to the distribution to each respective taxing unit.

17 (C) The shortage percentage must be multiplied by the distribution to each taxing unit, and this

18 amount must be subtracted from the distribution to each respective taxing unit.

19 (bl Except as provided in subsection (8)(c), the county treasurer shall distribute the money

20 received under subsection (9) from pre-1985 wells to the taxing units that levied mills in fiscal year 1990

21 against calendar year 1988 production in the same manner that all other property tax proceeds were

22 distributed during fiscal year 1990 in the taxing unit, except that a distribution may not be made to a

23 municipal taxing unit.

24 (cl The board of county commissioners of a county may direct the county treasurer to reallocate

25 the distribution of oil and natural gas production tax money that would have gone to a taxing unit, as

26 provided in subsection (8)(b), to another taxing unit or taxing units, other than an elementary school or high

27 school, within the county under the following conditions:

28 (i) The county treasurer shall first allocate the oil and natural gas production taxes to the taxing

29 units within the county in the same proportion that all other property tax proceeds were distributed in the

30 county in fiscal year 1990.

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1 (ii) If the allocation in subsection (8)(c)(i) exceeds the total budget for a taxing unit, the

2 commissioners may direct the county treasurer to allocate the excess to any taxing unit within the county.

3 (d) The board of trustees of an elementary or high school district may reallocate the oil and natural

4 gas production taxes distributed to the district by the county treasurer under the following conditions:

5 (i) The district shall first allocate the oil :ind natural gas production taxes to the budgeted funds

6 of the district in the same proportion that all other property tax proceeds were distributed in the district in

7 fiscal year 1990.

8 (ii) If the allocation under subsection (8)(d)(i) exceeds the total budget for a fund, the trustees may

9 allocate the excess to any budgeted fund of the school district.

10 (e) For all production from post-1985 wells and horizontally drilled wells completed after December

11 31, 1993, the county treasurer shall distribute oil and natural gas production taxes received under

12 subsections (2)(b) and (5)(b) between county and school taxing units in the relative proportions required

1 3 by the levies for state, county, and school district purposes in the same manner as property taxes were

14 distributed in the preceding fiscal year.

15 (f) The allocation to the county in subsection (8)(e) must be distributed by the county treasurer in

16 the relative proportions required by the levies for county taxing units and in the same manner as property

17 taxes were distributed in the preceding fiscal year.

18 (g) The money distributed in subsection (8)(e) that is required for the county mill levies for school

i 9 district retirement obligations and transportation schedules must be deposited to the funds established for

20 these purposes.

21 (h) The oil and natural gas production taxes distributed under subsection (8)(b) that are required

22 for the 6-mill university levy imposed under 20-25-423 and for the county equalization levies imposed under

23 20-9-331 and 20-9-333, as those sections read on July 1, 1989, must be remitted by the county treasurer

24 to the state treasurer.

25 (i) The oil and natural gas production taxes distributed under subsection (8)(e) that are required for

26 the 6-mill university levy imposed under 20-25-423, for the county equalization levies imposed under

27 20-9-331 and 20-9-333, and for the state equalization aid levy imposed under 20-9-360 must be remitted

28 by the county treasurer to the state treasurer.

29 (j) The amount of oil and natural gas production taxes remaining after the treasurer has remitted

30 the amounts determined in subsections (8){h) and (8)(i) is for the exclusive use and benefit of the county

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and school taxing units.

2 (9) The department shall remit the amounts to be distributed in subsection (8) to the county

3 treasurer by the following dates:

4 (a) On or before August 1 of each year, the department shall remit to the county treasurer oil and

5 natural gas production tax payments received for the calendar quarter ending March 31 of the current year.

6 (b) On or before November 1 of each year, the department shall remit to the county treasurer oil

7 and natural gas production tax payments received for the calendar quarter ending June 30 of the current

8 year.

9 (c) On or before February 1 of each year, the department shall remit to the county treasurer oil and

1 O natural gas production tax payments received for the calendar quarter ending September 30 of the previous

11 year.

1 2 (d) On or before May 1 of each year, the department shall remit to the county treasurer oil and

13 natural gas production tax payments received for the calendar quarter ending December 31 of the previous

14 calendar year.

15 (10) The department shall provide to each county by May 31 of each year the amount of gross

16 taxable value represented by all types of production taxed under 15-36-304 for the previous calendar year

17 multiplied by 60%. The resulting value must be treated as taxable value for county classification purposes

18 and for county bonding purposes."

19


21 "15-38-106. Payment of tax -- records -- collection of taxes -- refunds. ( 1) The tax imposed by

22 this chapter must be paid by each person to which the tax applies, on or before March 31, on the value

23 of product in the year preceding January 1 of the year in which the tax is paid. The tax must be paid to

24 the department at the time that the statement of yield for the preceding calendar year is filed with the

25 department.

26 (2) The department shall, in accordance with the provisions of 15-1-501{6}, deposit the proceeds

27 of the tax in the resource indemnity trust fund of the nonexpendable trust fund type, except that:

28 (a) 14. 1 % of the proceeds must be deposited in the ground water assessment account established

29 by 85-2-905;

30 (b) 10% of the proceeds must be deposited in the renewable resource grant and loan program state

~

'-Legisl,ative Services

Division - 12 - HB 166


1 special revenue account established by 85-1-604; and

2 (c) 30% of the proceeds must be deposited in the reclamation and development grants account

3 established by 90-2-1104.

4 (3) ~ Each person to whom the tax applies shall keep records in accordance with 15-38-105,

5 and the records are subject to inspection by the department upon reasonable notice during normal business

6 hours.

7 (4) The department shall examine the statement and compute the taxes to be imposed, and the

8 amount computed by the department is the tax imposed, assessed against, and payable by the taxpayer.

9 If the tax found to be due is greater than the amount paid, the excess must be paid by the taxpayer to the

10 department within 30 days after written notice of the ,.;mount of deficiency is mailed by the department to

11 the taxpayer. If the tax imposed is less than the amount paid, the difference must be applied as a ta~ credit

12 against tax liability for subsequent years or refunded if requested by the taxpayer."


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15 "15-65-121. DistFihution Deposit of tax proceeds !leneFal f11nEI loan a11th0Fity. f++ The proceeds

16 of the tax imposed by 15-65-111 must, in accordance with the provisions of 15-1-501, be deposited in afl

17 aeoe1:1At iA the state speeial rn11eA1:1e general fund to the credit of the department of revenue. The

18 department of revenue may speAEI frem that aoee1:1At pay the expenses of collecting the tax in accordance

19 with an expeAElit\:lre appropriation by the legislature saseel eA aA estimate of tho easts of eolleeting anEI

20 diss1:1rsing tRo preoeeels of tt-:le la11. 8oforo allooatin!I tt-:lo salanoe of tt-:le ta,1 proeeeds in aeoordaneo ,.., itt-:l

21 tt-:lo provisions ef H~ 1 ii01 aAEl as pro•,ieloel in s1:1eseetions ( 1 )(al tt-:lr01:1gt-:l ( 1) (e) of tt-:lis soetion, the

22 Ele13artment st-:lall deterFAine tAe e11p0Aelit1:1ros sy state agoneies fer in state lodging fer eaet-:l repertiA!I perioel

23 aA<i Eled1:1et 4 % ef that aFA01:1nt freFA tt-:lo ta11 proeeoels reeei..,eel eaeh reporting porioel. Tt-:le aFAe1:1nt eleel1:1eteel

24 m1:1st se elopositoel in tt-:le general f1:1nel. Tt-:le ealaAeo of tt-:le tax proeeeEls reoei..,eel eaet-:l re13ertin!I 13erioel anel

25 net ded1:1etod p1:1rsuaAt to the 01Ep0Adit1:1re apprapriatieA er el9f'l06itoel in the general lune is statuterily

26 apprepriatea, as proYiEloEI in 17 7 e02, aAel m1:1st so translorroa ta an a00e1:1nt in tt-:le state special revon1:1e

27 f1:1nel te tt-:lo oreelit ef tt-:lo elepartFAent ef oeFAFAeroe for te1:1risFA preFAetieA aAa preFAetion ef the state as a

28 leoatien fer the pree1:1otion ef FAetien piet1:1res aAEI tolevisien eernrnereials, te the Mentana histerieal seeiety,

29 te the 1:1niYersit',' system, ana te the ae13artrnont ef fish, wilellife, aAEI 13arl1s, as fellows:

30 (al 1 q~ te the MeAtana t-:listerioal seoiety te ee 1:1s0EI for tt-:le iAstallatien er maiAteAanoe ef reaaside

( Legislative \Services ~;vision

- 13 - HB 166

55th Legislature HBO166.O1

histerieal signs ans histerie sites;

2 lb) 2.6% te the university system fer tho establishment and maintenanee of a Montana travel

3 resoareh pregram;

4 lei e.6 % to tho sopartmont sf fish, wilslifo, and parl(S for the maintenaneo of faeilities in state

5 · 13arks that ha¥o both rosisent ans nonresident use;

6 Id) e7.6% to so used dirootly sy tho sopartmont of eomffieree; ans

7 lei Iii e110ept as pro~•ises in susseotion 11 )lo)lii), 22.§q(, ta so sistrisutos by tho department to

8 regional nenprnfit tourisffi eorperatiens in tho ratio sf the proeeeEls oolleoted in eaeh to1c1rism region to the

9 total prneeeds eolloeted stateY,•ide; ans

1 o Iii) if 22.eq(, of the proeoeds eolleetod annually ,,,..itlc!in the limits et a sity er eenselidated city eeunty

11 Ol(00eds $:36,000, e0q(, et the aITTeunt a•,ailablo for distributien to the regienal nenprofit teurisffi oerporation

12 in tho region whore the oit'f or eonselisatos oity oeunty is loeated, ta be ElistributoEl to the nenprofit

13 son¥ention ans ·,•isitors burnau in that oity or oonsoliElateEl eity county.

14 12) If a sity or oensolielatoa oit>; eeunty Ejualifies unElor this sostien for tunas but fails to oithe;

15 rooognii!!O a nonprofit oon•.,ontion ans YisitoFS bureau or subA'lit ana gain al=)pro\·al for an annual marketing

16 !=)Ian as roE11c1ireEl in 1 e ee 122, then these tunas A'lust be alloeatoEl to tho regional nonprefit tourisA'I

17 eorporation in tho regien in whieh tho sit'( or eenseliaateEl oity eeunty is iooatoa.

18 · 1:3) If a regional nonprnfit tourisffi eerperatien fails M submit anEl gain apprnval fer an annu::il

19 A'IBFl(eting plan as reEjuiroEl in 1 e ee 122, then these funEls otherwise allooatoEl to tho rogienal nenprofit

20 teurisA'I serporatien may be uses by tho separtffient of eemmeroo fer teurisA9 proA'letion anEl premotion of

21 tho state as a leeation for the prosuetien et A'letien pictures and television eeA9A'IBroials."

22


24 "15-70-125. Highway nonrestricted account. There is a highway nonrestricted account in the state

25 special revenue fund. All interest and penalties collected under this chapter, except those collected by a

26 justice's court, must, in accordance with the provisions of 15-1-501 ~. be placed in the highway

27 nonrestricted account."


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30 "16-1-306. Revenue to be paid to state treasurer. Except as provided in 16-1-404, 16-1-405,

1· LegislfUlve \Services ~ n,v,e,nn - 14 - HB 166


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1 e 1 4 08, 1e 1 41 0, 16-1-406, and 16-1-4 11 , all fees, charges, taxes, and revenue collected by or under

authority of the department must, in accordance with the provisions of 1 5-1-501, be deposited to the credit

of the state general fund."


"16-1-404. license tax on liquor -- amount -- distribution of proceeds. ( 1) The department shall

7 collect at the time of sale and c!'>livery of any liquor under any provisions of the laws of the state of

8 Montana a license tax of:

9 (a) 10% of the retail selling price on all liquor sold and delivered in the state by a company that

10 manufactured, distilled, rectified, bottled, or processed, :-ind ,!iat sold more than 200,000 proof gallons of

11 liquor nationwide in the calendar year preceding imposition of the tax pursuant to this section;

12 (bl 8.6% of the retail selling price on all liquor sold and delivered in the state by a company that

13 manufactured, distilled, rectified, bottled, or processed, and that sold not more than 200,000 proof gallons

14 of liquor nationwide in the calendar year preceding imposition of the tax pursuant to this section.

1 ti (2) The license tax must be charged and collected on all liquor brought into the state and taxed by

16 the department. The retail selling price must be computed by adding to the cost of the liquor the state

17 markup as designated by the department. The license tax must be figured in the same manner as the state

18 excise tax and is in addition to the state excise tax. The department shall retain in a separate account the

19 amount of the license tax received. Tl'lirty J:IOF0ent sf t11is The revenue is statutorily appropriated, as

20 provided in 17-7-502, to the department and must, in accordance with the provisions of 15-1-501, be

21 disbursed dS follows:

22 (al Thirty percent is allocated to the counties according to the amount of liquor purchased in each

23 county to be distributed to the incorporated cities and towns, as provided in subsection (3).

24 l!ll Four and one-half percent of t11is reyonuo is statutorily aJ:IJ:IFOJ:lriateEI, as J:IFBYieoe in 17 7 502,

25 anEI must, in aooordanoo wit11 tl1o J:IFOYisions of 15 1 501, eo allocated to the counties according to the

26 amount of liquor purchased in each county, and this money may be used for county purposes.

27 i£l. Tl1e remaining revenue Sixty-five and one-half percent must, in aeeorElanee witl1 tl'le J:lr0Yisions

28 ef 1 e 1 501, be deposited in the state special revenue fund to the credit of the department of public health

29 and human services for the treatment, rehabilitation, and prevention of alcoholism. In the case of purchases

30 of liquor by a retail liquor licensee for use in the licensee's business, the department shall make regulations

(Legislative \S'!_~Ces '\!!jvlsion

- 15 - HB 166


necessary to apportion that proportion of license tax so generated to the county where the licensed

2 establishment is located, for use as provided in 16-1-405. n,at proportion of tt:le Ii sense tax is statttte-r-Hy

3 appropriated, as pro¥idod in 17 7 602, to tt:le The department, wt:liot:l shall pay quarterly to each county

4 treasurer the proportion of the license tax due each county, in accordance with the provisions of 15-1-501.

5 to be allocated to the incorporated cities and towns of the county.

6 13) The license tax proceeds allocated to the county under subsection (2) for use by cities and

7 towns must be distributed by the county treasurer to the incorporated cities and towns within 30 days of

8 receipt from the department. The distribution of funds to the cities and towns must be based on the

9 proportion that the gross sale of liquor in each city or town is to the gross sale of liquor in all of the cities

10 and towns of the county.

11 (4) The license tax proceeds that are allocated to the department of public health and human

1 2 services for the treatment, rehabilitation, and prevention of alcoholism must be credited quarterly to the

13 department of public health and human services. The legislature may appropriate a portion of the license

14 tax proceeds to support alcohol programs. The remainder must be distributed as provided in 53-24-206."

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17 "16-1-406. +a Taxes on beer. ill A tax of 4-6 $4.30 per barrel of 31 gallons is t:lereb•t le..,ied

18 iffi6 imposed on each anEI 0¥0Pt' barrel of beer sold in Montana by aR¥ .!! wholesaler"~l=l--5aiti The tax

19 st:lall be ~ due at the end of each month from saie the wholesaler upon any suot:l beer se sold by Riffl the

20 wholesaler during that month. As ta any The department shall compute the tax due on beer sold in

21 containers other than barrels or in barrels of more or less capacity than 31 gallons, ti:le (;luantity sontent

22 st:lall ao asoertaineEI anEI oomputea b'( tt:le ElepartA'lent in aetorminin~ ti:le aRiount of tall aue.

23 (2) Each quarter, in accordance with the provisions of 15-1-501, of the tax collected pursuant to

24 subsection (1), an amount equal to:

25 (a) $1 must be deposited in the state treasury to the credit of the department of public health and

26 human services for the treatment, rehabilitation, and prevention of alcoholism;

27 (b) 50 cents must be deposited in the state general fund; and

28 (cl $2.80 must be deposited with the state treasurer to the credit of the incorporated cities and

29 towns beer tax account in the state special revenue fund.

30 (3) {a) The money in the incorporated cities and towns beer tax account is statutorily appropriated,

f Legisl_ative 'iServ1cu

", Division - 16 - HB 166


1 as provided in 17-7-502, to the department, which shall, monthly, distribute this amount of money to the

2 incorporated cities and towns in the direct proportion that the population of each city and town bears to

3 the total population of all incorporated cities and towns as shown in the latest official federal census as

4 adjusted by the most recent population estimates published by the U.S. bureau of the census. For cities

5 and towns incorporated after the latest official federal census, the census must be determined as of the

6 date of incorporation as evidenced by the certificate of the incorporating officials of that city or town. If

7 a city or town disincorporates, it m.!!Y....!}Qt receive any funds under this section and the amount previously

8 distributed to the city or town must be distributed to the remaining incorporated cities and towns. All funds

9 received by cities and towns under this section must be expended for state purposes, such as law

10 enforcement, maintenance of the transportation syster,1 and public health.

11 j_b) The department may adjust population estimates only on the July 1 following the date of

12 publication of the estimates by the U.S. bureau of the census. The adjusted distribution formula must

13 remain in effect for the entire fiscal year."

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16 "16-1-409. Failure to make beer tax returns -- penalties_ ( 1) If aft1f ~ brewer or wholesaler subject

17 to the payment of the tax provided for in 16-1-406 aRd 16 1 408 fails, neglects, or refuses to make any

18 return required by this code or fails to make payment of the tax within the time flef8ift provided in this part,

19 the department shall, after 6l:l6R the time has expired, Jlreeeed te iRferffi itself as Best it may regardiRg the

20 rAattors aRd things required ta Be set ferth iR sueh return aRd, fFem sueh iRferffiatieR as it ffiay Be ai31e te

21 obtaiR, te make a stateffieRt shewiRg sueh matters aRd thiRgs aRd determine and fix the amount of tax due

22 the state from the delinquent brewer or wholesaler.

23 (2) The department shall add to the amount of tax due a penalty of~

24 ifil 5% for the first failure, willful Regleet, er refusal;

25 J.hl 10% for the second failure;

26 i£J. 15% for the third failure; and

27 j.Ql 25% for the fourth and each subsequent failure, Regleet, er refusal.

28 (3) The penalty provided for in subsection (2) is in addition to the 5% penalty provided for

29 nonpayment of the tax within the time provided.

30 (4) The tax and penalties bear interest at the rate of 1 % per month from the date returns should

(Legisl~ve 1Services '\!!jv/sion

- 17 - HB 166


have been made and the tax paid.

2 (5) The department shall then proceed to collect the tax with penalties and interest. Upon request

3 of the department, it is the duty of tho attorney general to commence and prosecute to final setermination

4 in any court of competent jurisdiction an action to collect the tax.

5 (6) If all or part of the tax imposed upon a brewer or wholesaler by this part is not paid when due,

6 the department may issue a warrant for distraint as provided in Title 15, chapter 1, part 7. The resulting

7 lien has precedence over any other claim, lien, or demand H'lereaher filed or recorded after tho warrant is

8 issued.

9 (7) N-e An action~ may not be maintained to enjoin the collection of the tax or any part thereof

10 of the tax.

11 (8) Any tax owed by a brewer or wholesaler under this code not paid within the time provid~d ~

12 ee L§. delinquent, and a penalty of 5% ~ must be added thereto to the tax. The tax and penalty bear

13 interest at the rate of 1 % per month from tho date of delinquency until paid. Af'r'f 8. brewer or wholesaler

14 who fails, neglects, or refuses to make the return to the department provided for in 16-3-211 or 16 3-231

15 or refuses to allow the examination as provided for in 16-3-211 or 16-3-231 or fails to make an accurate

16 return according to the manner prescribed is guilty of a misdemeanor and upon conviction shall be fined

1 7 in an amount not exceeding $1,000."

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"16-11-119. Disposition of taxes FetiFement ef bende. (11 Ti'lo ameunt ef 11.1n~ ef tho

oi§aretto tan eolleetos unser tho pro¥isions of 16 11 111 on oaoh paoka§o of ei§arettos m1c1st be sepesited

in the state speeial reven1c1e f1c1ns le the ereait ef the department ef publio health ans h1c1FAan serviees for

the operation and maintenaneo of state veterans' n1c1roin§ homos.

R¼ All remaining revenue collected under the provisions of 16-11-111, less the e11pense ef

oelleeting the taites, must, in accordance with the provisions of 15-1-501, be deposited as follows:

Will 7Q.7!i~~ 82.17% in the long ran§e e1:1ilaing program state general fund in the seet serviee

f1c1nd t•fpo; and

+et@ 20.2!i% 17.83% in tho long-range building program account provided for in 17-7-205."


i Legislative "rServicu

..,, Oiuic>in" - 18 - HB 166


1 "16-11-206. Wholesaler's discount -- disposition of taxes. The taxes specified in this part that are

2 paid by the wholesaler must be paid to the department in full less a 5% defrayment for the wholesaler's

3 collection and administrative expense and must, in accordance with the provisions of 15-1-501, be

4 deposited by the department in the I0A€J FaA€J0 131:1ildiA€J flF0€JFaFA doi3t sorviee state general fund. Refunds

5 of the tax paid must be made as provided in 15-1-503 in cases in which the tobacco products purchased

6 become unsalable."

7


9 "17-1-508. Review of statutory appropriations. ( 1) Each interim, the legislative finance committee

10 shall review each statutory appropriation that is contained in a section listed in 17-7-502 and that is not

11 exempted under subsection (6) of this section and shall review the oiiteria guideline~ set forth in subsection

12 (4) to eliminate statutory appropriations that no longer fulfill a legislative need and to ensure that legislative

13 policy is clearly stated concerning the use of statutory appropriations.

14 (2) Each biennium, the office of budget and program planning aAd the le€Jislative fiseal anal'{st shall,

15 in development aAd analysis of the executive budget, identify instances in which statutory appropriations

16 in current law do not appear consistent with the eriteria guidelines set forth in subsection (4).

17 13) As part of each agency audit, the legislative auditor shall review statutory appropriations to the

18 · agency and report instances in which they do not appear consistent with the eritoria guidelines set forth


20 (4) The review of statutory appropriations must determine whether a statutory appropriation meets

21 the requirements of 17 1 606 17-7-501. A statutory appropriation from a continuing and reliable source

22 of revenue may not be used to fund administrative costs. In reviewing and establishing statutory

23 appropriations, the legislature shall consider the following guidelines. A statutory appropriation may be

24 considered appropriate if:

25 (a) the fund or use requires an appropriation;

26 (b) the money is not from a continuing, reliable, and estimable source;

27 (c) the use of the appropriation or the expenditure occurrence is not prec.iictable and reliable;

28 (d) the authority does not exist elsewhere:

29 (e) an alternative appropriation method is not available, practical, or effective;

30 (f) other than for emergency purposes, it does not appropriate money from the state general fund;

- 19 - HB 166


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tg) the money is dedicated for a specific use:

(h) the legislature wishes the activity to be funded on a continual basis: and

(i) when feasible, an expenditure cap and sunset date are included.

(5) The office of budget and program planning shall prepare a fiscal note for each piece of

legislation that proposes to create or amend a statutory appropriation. It shall, consistent with the ffiVffiW

r,irovisions guidelines in this section, review each~ of these pieces of legislation tl:lat proposes te oreate

or aFAend a statt1tory appropriation. Its findings concerning the statutory appropriation must be contained

in the fiscal note accompanying that legislation.

16) The legislative finance committee shall establish procedures to facilitate a biennial review and

evaluation of statutory appropriations. If the review determines that continual review of a statutor_y

appropriation is not necessary, the statutory appropriation may be exempt from future review."


14 "17-5-403. Form, principal and interest, fiscal agent, and deposit of proceeds. ( 1) Each series of

15 S\:181=1 long-range building program bonds &l=lall must be issued by the board upon request of the department,

16 in S\:181=1 denominations and form, whether payable to bearer or registered as to principal or both principal

17 and interest, with S\:181=1 provisions for conversion or exchange and for the issuance of notes in anticipation

18 of the execution and delivery of definitive bonds, bearing interest at S\:181=1 the rate or rates, maturing at S\:181=1

19 times not exceeding 30 years from date of issue, subject to redemption at S\:181=1 earlier times and prices and

20 upon S\:181=1 notice, and payable at the office of S\:181=1 the fiscal agency of the state as the board shall

21 determineL subject to the limitations contained in t"1is seetieR aREI 17-5-402 and this section.

22 (2) In the issuance of each series of S\:181=1 bonds, the amount, maturities, and interest rates tl:lereof

23 &l=lall must be fixed in S\:181=1,1! manner that the maximum amount of principal and interest to become due in

24 any subsequent fiscal year on all S\:181=1 outstanding bonds tl:lon ot1tstandin!J and on the series se to be

25 issued will not exceed 50% of the average annual amount collected during the 3 then ne*t preceding fiscal

26 years from the sr,iooial taxes pledged by law to the debt service account at the time of S\:181=1 issuance,,

27 011eor,it t"1at tl:lis This provision &l=lall may not constitute a covenant of the state for the security of tho bonds

28 issued pursuant to this part after January 1, 1973, and the state reserves the right to amend this

29 subsection in any manner after all bonds issued prior to that date and the interest tl:leroon !:lave on the

30 bonds have been fully paid or the state's liability tReroen has been otherwise fully discharged.

r Legislative \Services

~. Division - 20 - HB 166

p5th Legislature HBO166.O1

1 (3) In all other respects, the board is authorized to prescribe the form and terms of the bonds and

2 shall do whatever is lawful and necessary for their issuance and payment. St:teR The bonds and any interest

3 coupons appurtenant tReFoto st-:lall to the bonds must be signed by the members of the board, and the

4 bonds 5-RaH must be issued under the great seal of the state of Montana. The bonds and coupons may be

5 executed with facsimile signatures and seal in the manner and subject to the limitations prescribed by law.

6 The state treasurer shall keep a record of all~ long-range building bonds issued and sold.

7 (4) The board is Rereb'J' c11tReFi1oa te may employ a fiscal agent to assist in the performance of

8 its duties RoFeuRaer under this part.

9 (5) All proceeds of bonds issued RoreuRSOF st-:iall under this part must be deposited in the capital

10 pro1ects fund, except that any premiums and accrued interest received 5-RaH must be deposited in the debt

11 service account."

12


14 "17-5-404. Use of capital projects fund. The capital projects fund 5-RaH must be segregated by the

15 treasurer from all other money in that or any other fund in the state treasury and used only to pay costs

16 of the long-range building program. The department may transfer all R1eRe1( autt-:leril!oel ay tt-:lo legislature

1 7 leF its adR1iRistrati¼10 ollpenelitures from the capital projects fund to a special revenue fund, aRa fer suet-:l

18 purpeses tt-:le ffieRey is statuteril•; apprepriated as pre.,.ieleel iR 17 7 !iO2 the amount appropriated by the

19 legislature from the special revenue fund for administrative expenses."


20

21

22 "17-5-405. Debt service account. (1) Frnffi anel after tt-:le ploelgo aRel apprnpFiatioR of aRy speeial

23 ~to tt-:le deat soP,iee aooouRt, as pFovieleel aRel oeRteR1plateel iR tt-:lis seotieR, 17 !i 407, aRel 17 !i 408,

24 sueR tan st-:lall eentiRue in foree aRel st-:lall tie availatlle aRd st-:lall be pleelgoel aRel apprepriateel for tt-:le

25 pavffieRt ef leRg raRgo buileling pFograffi boRels, aRel all ffieRo•,•s roooiYeel freffi tRe oolleetieR tt-:loreef sl=lall

26 00 elepesiteel ay tl=lo treasurer to tl=lo eroelit of tl=lo eleat soP,ioo aeeeuRt.

27 12) ~lo spooial tones plodgoel to the eloet serviee aeeeunt OR .January 1, 197a, st-:lall tie diseeRtinuod

28 er diverted to otl=lor fuRds uRtil all benels issuoel pursuant to this part 13rier te tl=lat date and the interest

29 thereon Rave beoR fullv paiel OF tAO state's liaeiliW tl=leroon ABS BOOR fully elisel=largeel, Ol<eept to tAB elltent,

30 if ORV, tl=lat tho rigl=lt so to ele l=las eooR rosorveel iR the roseh:1tieRs auti'loril!ing tl=lo issuaReo of sueh eomls.

· 21 · HB 166

5 5th Legislature HB0166.0l

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(a) Slcll3jeot to tRo PFOYisiOAS of Slcll3seotiOAS (1) aAel (2), tRO Slate F050FV05 tRe Figl=lt to FHeelify frnffl

tiFAo te tiFAo tl=le AatlclFe aAel aFAOlclAt of opeoial tai<es te 13e elepositeel to tl=lo eFeelit of tl=le elel3t ser>fioe

8600lc1At.

t4+ill Money in the debt service account sl=!a!! must be used:

@l_ first, to pay interest and principal when due on long-range building program bonds;

J.!;tl second, to accumulate a reserve in the amount required ael&w in subsection ( 1 )(cj, for the

further security of Sl:!eR the payments; and

i.Q1 third, to maintain this !]:lQ reserve in an amount at least equal, after each interest and principal

payment, to the maximum amount of interest and principal wl=tiei'¼ that will become due on all SHffi bonds

wl=tie1't that are tfleft outstanding in any subsequent fiscal year.

f&till Money at any time received in the debt service account in excess of the principal, interest,

and reserve requirements stated in subsection t4+ ill sl=!a!! must be transferred by the treasurer to the

general fund. If the balance at any time on hand in the debt service account is not sufficient for compliance

with subsection {4+ ill, the treasurer shall credit to saie the debt service account an amount sufficient to

restore saie the balance from the Ae)(t eolleetieAs et the speeial ta)(es apprnpFiatoel te saiel aeeeHAt aAel freffi

BA'J' etl=ler eelleetieAs ef ta)(es apiarepriateel to Hie general fund, Aet e)(eeeeliAg tl=lo aggregate affielclAt

tl=lerotofero tFaAsferroel fro FA tl=lo elo13t sorvioe aooolclAt to tl=lo goAeral flclAel."


20 "17-5-408. PereeAtage of iAeOAle, oorperatieA lieeAee, aAd oigareue ta11 pledged Pledge of money

21 to comply with principal. interest. and reserve requirements. ( 1) +.» The state pledges and appropriates and

22 directs to be credited as received to the debt service account money Fesei¥ed freffi tl=lo selleotioA of tho

23 iAdi 1iidlclal iABOFAB taK aAel, eneept as pFevieee iR 1 ii a1 702, FAORey F000iYed fFOFA tRO solleetieR of tho

24 eerpeFatioA lieeRso aRd iAOOFAe ta)(, as proYided iA 16 1 601, as ffiB'f at aAy tiFAe 13e needed to comply with

25 the principal and interest and reserve requirements stated in 17-5-405t4+ill.

26 Mill The pledge aAe appFepriatieR made by this section 6fe lli a first and prior charge upon all

27 money received from the collection of tl=lo OAHAleratee taxes.

28 (2) Enoopt fer tRe 8FAOl,1Rt oroelited to tRe ·,otoFaRs' ROFAO FAaiRtORBABO aRd iA'lpFOVOFAORt aSOOlclRt

29 HReor 1 e 11 11 Q, tl=lo state pledges BREI appFopFiateo aAe eiFeets te 13e oroeliteel to tl=le elol3t sePfieo aeeoHRt

30 7Q.76% of all FeR'laiAiRg A'lORey roaei·,oel freA'l tl=le oelleetieA et the oneise tai1 BA oigarottes tl=lat is leYiea,

- 22 - HB 166


2

3

4

5

6

7

8

iA1J3esed, and assessed b•; 16 11 111. Hie state alse J3ledges and a1313ro13riates and direets te be eredited

as reeeived te the deBt serviee aeee1,mt all FAeney reoei\1od froFA tho oolloetion of the taJ(0s on other toBaeee

J3rodi,ets that are or A1a 1, 1 BO im13osed fer that 13ur13eso, ineluaing the Mx im13osed B'r' 16 11 202. This

sootion sees net iR113air or ethorwiso aHoot tho J3ro\1isions and eevonants eontainod in the resolutions

autherizing tho 13resently oi,tstanaing lon!J range Liuilaing 13rograR1 sends. Si,13jeet to the 13rovisions of the

13reoeaing sontenso, the J3IBS!Je and a1313ro13riation R1ado BY this sestion are a first and 13rior eharge u13on all

FAonov rooei 11ed froR1 tho eolleotisq ef all taxes referrea to in this subseotion."


10 "17-5-804. Use of capital projects account. The cai:,ital projects account must be segregated by

11 the treasurer from all other money in that or any other account in the state treasury and used only .to pay

12 costs of the projects for which bonds were issued, in accordance with the respective bond accounts. The

13 department may transfer all money authorized by the legislature for its administrative expenditures from

14 the capital projects account to a ·special revenue fund, and fer slcloh J3UFJ3osos tho mone)1 is statutorily

15 appropriated as provided in 17 7 602."

16


i 8 "17-6-201. Unified investment program -- general provisions. ( 1) The unified investment program

19 directed by Article VIII, section 13, of the Montana constitution to be provided for public funds must be

20 administered by the board of investments in accordance with the prudent expert principle, which requires

21 any investment manager to:

22 (a) discharge the duties with the care, skill, prudence, and diligence, under the circumstances then

23 prevailing, that a prudent person acting in a like capacity with the same resources and familiar with like

24 matters exercises in the conduct of an enterprise of a like character with like aims;

25 (b) diversify the holdings of each fund within the unified investment program to minimize the risk

26 of loss and to maximize the rate of return unless, under the circumstances, it is clearly prudent not to do

27 so; and

28 (c) discharge the duties solely in the interest of and for the benefit of the funds forming the unified

29 investment program.

30 (2) (a) Retirement funds may be invested in common stocks of any corporation, except that an

CLegislaJlve ,Servicu \!!)vision

- 23 - HB 166


investment may not be made at any time that would cause the book value of the investments in any

2 retirement fund to exceed 50% of the book value of the fund or that would cause the stock of one

3 corporation to exceed 2% of the book value of the retirement fund.

4 (b) Other public funds may not be invested in private corporate capital stock. "Private corporate

5 capital stock" means only the common stock of a corporation.

6 (3) (al This section does not prevent investment in any business activity in Montana, including

7 activities that continue existing jobs or create new jobs in Montana.

8 (b) The board is urged under the prudent expert principle to invest up to 3% of retirement funds

9 in venture capital companies. Whenever possible, preference should be given to investments in those

1 O venture capital companies that demonstrate an interest in making investments in Montana.

11 (cl In discharging its duties, the board shall consider the preservation of purchasing power of

12 capital during periods of high monetary inflation.

13 (di The board may not make a direct loan to an individual borrower. The purchase of a loan or a

14 portion of a loan originated by a financial institution is not considered a direct loan.

1 5 (4) The board has the primary authority to invest state funds. Another agency may not invest state

16 funds unless otherwise provided by law. The board shall direct the investment of state funds in accordance

17 with the laws and constitution of this state. The board has the power to veto any investments made under

18 · its general supervision.

19 (5) Theboardshall:

20 (al assist agencies with public money to determine if, when, and how much surplus cash is

21 available for investment;

22 (b) determine the amount of surplus treasury cash to be invested;

23 (c) determine the type of investment to be made;

24 (d) prepare the claim to pay for the investment; and

25 (e) keep an account of the total of each investment fund and of all the investments belonging to

26 the fund and a record of the participation of each treasury fund account in each investment fund.

27 (6) The board may:

28 (a) execute deeds of conveyance transferring all real property obtained through foreclosure of any

29 investments purchased under the provisions of 17-6-211 when full payment has been received for the

30 property;

i legislative \services l,,_D/vision

- 24 - HB 166


1 ( b) direct the withdrawal of any funds deposited by or for the state treasurer pursuant to 1 7-6-1 0 1

2 and 17-6-105;

3 le) direct the sale of any securities in the program at their full and true value when found necessary

4 to raise money for payments due from the treasury funds for which the securities have been purchased;

5 (d) expend funds needed to cover costs of necessary repairs to property owned by the board as

6 an investment. The e>•peAelit1c1res ma•; ee maee aireetly av the aearel aAe are stat1c1torily appropriates, as

7 provieee iA 17 7 602. Repairs thc:t cost in excess of $2,500 must be bid, and the bid must be awarded in

8 compliance with existing state law and regulations. Emergency repairs may be made by the board without

9 bid if approved by the state architect.

10 (7) The cost of administering and accounting for '!ach investment fund must be deducted from the

11 income from each fund.

12 (8) At the beginning of each fiscal year, the board shall, from the appropriate fund, reimburse the

13 department of commerce for the costs of administering programs established under Title 90, chapter 3, that

14 are not'covered by payback funds available from the account established in 90-3-305."

15


17 "17-7-502. Statutory appropriations -- definition -- requisites for validity. ( 1) A statutory

18 appropriation is an appropriation made by permanent law that authorizes spending by a state agency

19 without the need for a biennial legislative appropriation or budget amendment.

20 (2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply

21 with both uf the following provisions:

22 (a) The law containing the statutory authority must be listed in subsection (3).

23 (b) The law or portion of the law making a statutory appropriation must specifically state that a

24 statutory appropriation is made as provided in this section.

25 (3) The following laws are the only laws containing statutory appropriations: 2-9-202; 2-17-105;

26 2-12-212; 3-5-901; 5-13-403; 10-3-203; 10-3-31 o; 1 o-3-312; 10-3-314; 1 o 4 ao1; 15-1-111; 15-23-706;

27 15-30-195; 15-31-702; 15-37-117; 15-38-202; 16 66 121; 15-70-101; 16-1-404; 16-1-406; 1e 1 410;

28 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17 Ii 404; 17 Ii 424; 17 Ii 804; 17-6-101; 17 a 201;

29 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606;

30 1 Q 1 Q 201i; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20 Q :361; 20-26-1503; 23-5-136; 23-5-306;

~

c leglsl!fflve Serv,cu _f!jvision

- 25 - HB 166


1 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7 301; 23-7-402; a2 1 ea7; 37-43-204; 37-51-501;

2 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623; so e 2a2:

3 eo 40 206; ea 6 , so; 53-6-703; 53-24-206; 60 2 220; 67-3-205; 75-1-1101; 7e e 11 os; 7£:i 6 214;

4 75-11-313; 761212a; 80-2-103; 80-2-222; 80-4-416; 81-5-111; s2111a6; 82-11-161; Be 1 220;

5 85-20-402; Q0 a ao1; 90-4-215; 90-6-331; 90 7 220; Q0 7 221; and 90-9-306.

6 (4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing,

7 paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued

8 pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of

9 Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as

1 0 determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the

11 bonds or notes have statutory appropriation authority for the payments. (in subsection (3): pursuant to sec.

12 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for

13 supplemental benefit; and pursuant to sec. 7(2), Ch. 29, L. 1995, the inclusion of 15-30-195 terminates

14 July 1, 2001.)"

15

Section 26. Section 17-7-502, MCA, is amended to read: 16





21 with both of the following provisions:





26 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-31O;10-3-312; 10-3-314; 10-4-301; 1 e 1 111; 15-23-706;

27 15-30-195; 15-31-702; 15-37-117; 15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-410; 16-1-411;

28 16-11-308; 17-3-106; 17-3-212; 17-5-404; 17-5-424; 17-5-804; 17-6-101; 17-6-201; 17-7-304;

29 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606; 19-19-205;

30 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20-9-361; 20-26-1503; 23-5-136; 23-5-306; 23-5-409;

\ legisl~ive \Services \Djvision

- 26 - HB 166


1 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501; 39- 71-503;

2 39-71-907; 39-71-2321; 39-71-2504; 44-1 2-206; 44-13-102; 50-4-623; 50-5-232; 50-40-206; 53-6-1 50;

3 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 76-12-123;

4 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-136; 82-11-161; 85-1-220; 85-20-402; 90-3-301;

5 90-4-215; 90-6-331; 90-7-220; 90-7-221; and 90-9-306.


7 paying, and securing all bonds, n0tes, or other obligations, as due, that have been authorized and issued



1 O determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the

11 bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec.

1 2 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for


14 Jc1ly 1, 2001.)"

15


17 "19-19-205. Actuarial valuation of police retirement fund. (1) The city treasurer shall submit to

1 8 the department of administration before October 1 of each odd-numbered year all information requested

19 by the department necessary to complete an actuarial valuation of the city's police retirement fund. The

20 valuation SflaH must consider the actuarial soundness of the police retirement fund for the 2 preceding fiscal

21 years.

22 (2) The valuation +540 must be prepared by a qualified actuary selected by the department. A

23 qualified actuary is a member of the American academy of actuaries or of any organization considered by

24 the department to have similar standards.

25 (3) In each fiscal year in which an actuarial valuation is prepared, the department shall submit to

26 the state auditor treasurer a request for payment of the expense incurred in securing the actuarial valuation.

27 The expense may not exceed $6,000 in any fiscal year. The state auditor treasurer shall make payment to

28 the actuary designated in the request. Tl=te (38'fFAent is statuteril'; a1313ro13riated as 13re>.•ided in 17 7 502."

29


CLegislfJ'iV~ )Services \Ejvision

- 27 - HB 166


2

3

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5

6

7

8

9

10

11

12

13

14

15

16

"20-3-108. Division of resources and assessment aeee,,mt funds. niere is a resourses and

assessfflent aeseunt in ticia state speeial revenue funs. Funds derived from the sale of educational materials

or services provided by the division of resources and assessment ~ must be deposited in the rasournes

ans assossff\ent assount state general fund. In assition te other a¥ailable funss, the suporintensent ef

publis instruetion shall use these funss for the operation ans Fflaintenanee of ticie si¥ision of reseurees ans

assessfflent as auticiorizes b·~ 20 a 1 0e."


"20-9-361. State and oouRty County equalization revenue statutory ap1a1ropriatioR. (+} Revenue

received in support of county equalization under the provisions of 20-9-331 and 20-9-333 is to be used

for county equalization aid for the public schools, as provided by law, and must be accounted for in

accordance with generally accepted accounting principles.

!21 Fle·1enue resei\•es from the staM o~ualizatien ais levv fer a munieipalitv that ereates an urban

rnnewal area ans adapted a ta11 inereFRent finanein[! pre·visien fer ticio urban renewal aFOa prier te duly 1,

1900, is statuteril1• apprnpriated, as previded in 17 7 602, to be Elistrieuted as pro•.•ides in 20 0 ae0(2)."


18 "32-1-537. Disposition of unclaimed funds. ( 1 l The department shall certify to the state treasurer

1 9 a complete list of funds remaining with it that are uncalled for and that have been left with it in its official

20 capacity in trust for depositors in and creditors of a liquidated bank after they have been held by it for 6

21 months from the date of the final liquidation of the institution. Along with this certificate, the department

22 shall transmit to the state treasurer the funds, with accumulated interest on them, that it has held in trust

23 for 6 months. A copy of the certificate must also be filed with the state auditor, who shall make a record

24 of it.

25 (2) The state treasurer shall deposit the funds and interest in the general fund.

26 (3) A depositor or creditor of a liquidated bank who has not been paid the_ amount standing to the

27 person's credit as certified to the state treasurer may apply to the department for the amount due. The

28 depositor or creditor shall make an affidavit and offer proof of identity and of the amount due. When

29 satisfied as to the correctness of the claim and of the identity of the person, the department shall forward

30 it to the state treasurer who shall audit the claim and, if found correct, certify the claim to the department.

1ltgislaJ/ve \.Serv;ces ~,Division

- 28 - HB 166

5 5th Legislature HB0166.01

If the department approves the claim, it shall pay the claim to the depositor or creditor. The money

2 aoflositoa in the §Onoral h1ne fll:IFS1:1ant to this sootion is stat1:1torili; OflflFOJlriatea, as flFO\'iaea in 17 7 602,

3 to the BOJlartment for tho fll:IFflOSO of Jlayin§ aflflFOVBd el aims."

4

5 Section 31. Section 39-71-503, MCA, i5 amended to read:

6 "39-71-503. Administration of fund -- appropriation. ( 1) The department shall administer the fund

7 and shall pay all proper benefits t0 injured employees of underinsured and uninsured employers.

B (2) Surpluses and reserves may not be kept for the fund. The department shall make payments that

9 it considers appropriate as funds become available from time to time. The payment of weekly disability

1 0 benefits takes preference over the payment of medical b•mefi!s. Lump-sum payments of future projected

11 benefits, including impairment awards, may not be made from the fund. The board of investments shall

12 invest the money of the fund, and the investment income must be deposited in the fund. The cost of

13 administration of the fund must be paid out of the money in the fund.

14 (3) The amounts necessary for the payment of benefits from this fund are statutorily appropriated,

15 as provided in 17-7-502, from this fund."

16


18 "39-71-531. Definition of underinsured employer. For purposes of 39-71-531 through 69 71 664

19 39-71-533, the term "underinsured employer" means an employer who knowingly misrepresents the duties

20 of an employee in order to pay lower workers' compensation rates than the employer would have been

21 required to pay if the character of the employee's work had been properly classified. The term "knowingly"

22 has the meaning as defined in 45-2-101."


23

24

25 "39-71-533. Collection of payments from underinsured employer. If, upon demand of the

26 department, an underinsured employer refuses to make the payments due under 39-71-532, the amount

27 due may be collected by the department through suit. The department may settle through compromise with

28 the underinsured employer the amount to be collected. Amounts collected under 39-71-532 and this

29 section must be deposited in the account created in 39-71-502."

30

- 29 - HB 166



2 "39-71-2354. Use of old fund liability tax proceeds ·· loans -- bonds. (1) +alffl5 Subiect to

3 39-71-2503(2), taxes collected under 39-71-2503 may be used only to administer and pay claims for

4 injuries resulting from accidents that occurred before July 1, 1990, including the cost of repaying bonds

5 issued and loan proceeds given under 39-71-2355 and this section. If the state fund determines ttlat, for

6 the next 1 or more years following the date of the determination, the tax revenue, together with funds in

7 the account required by 39-71-2321 for claims for injuries resulting from accidents that occurred before

8 July 1, 1990, will be insufficient to administer and pay those claims. the state fund may, through its board

9 of directors, request the budget director to certify to the board of investments that additional funding is

1 0 necessary. If the budget director agre_!:ls with the state fund's board of directors that additional funding is

11 necessary, the budget director shall certify to the board of investments the amount that the budget director

12 determines is necessary to administer and pay claims for injuries resulting from accidents that occurred

13 before July 1, 1990. Except as provided in subsection (2), the board of investments shall, at times and in

14 amounts that it considers necessary or advisable, finance the amount certified by the budget director by

1 5 giving the state fund the proceeds of a loan or a bond issue to administer and pay claims for injuries

16 resulting from accidents that occurred before July 1, 1990. Loans must be from reserves accumulated from

17 premiums paid to the state fund based upon wages payable on or after July 1, 1990. The board of

18 investments shall choose the method of financing that is most cost-effective for the state fund. A loan must

19 bear interest at the rate that the board of investments determines the money would earn if invested on

20 behalf of the state fund. The board of investments may also, upon request of the board of directors of the

21 state fund, give the state fund the proceeds of a bond issue; to be used to pay off loans made under

22 39-71-2355 and this section. Bonds for the state fund must be workers' compensation bonds issued under

23 39-71-2355.

24 (2) The total amount of loan proceeds given to the state fund plus workers' compensation bonds

25 issued under 39-71-2355, except bonds issued to repay loans as provided for in subsection ( 1), may not

26 exceed $220 million. All loan and bond proceeds given to the state fund must be repaid to the board of

27 investments before July 1, 2020."

28

29

30


"39-71-2503. Workers' compensation old fund liability tax. (1) (a) There is imposed on each

· 30 · HB 166


employer, except an employer whose employees are covered by federal workers' compensation legislation,

2 a workers' compensation old fund liability tax in an amount equal to 0.28%, plus the additional amount of

3 old fund liability tax provided in 39-71-2505, of the wages paid by the employer:

4 (i) for the preceding payroll period for employers subject to the payment schedule contained in

5 15-30-204(1 );

6 (ii) for the preceding month for employers subject to the payment schedule contained in

7 15-30-20412); and

8 (iii) for the preceding year for employers subject to the payment schedule contained in

9 15-30-204(3)(8).

10 {b) There is imposed on each employee, excep, an employee who is covered by federal workers'

11 compensation legislation, an old fund liability tax, as provided in 39-71-2505, on the employee's wages.

12 An employer paying wages for services performed in Montana shall deduct and withhold the tax from the

13 wages.

14 (cl {il There is imposed on each business of a sole proprietor, on each subchapter S. corporation

15 shareholder, on each partner of a partnership, and on each member or manager of a limited liability

16 company a workers' compensation old fund liability tax, as provided in 39-71-2505, on the profit of each

17 separate business of a sole proprietor and on the distributive share of ordinary income of each shareholder,

18 partner, or member or manager derived from ongoing activities.

19 (ii) The tax imposed in this subsection ill(c) applies only to the ordinary income of a shareholder,

20 partner, member, or manager as the term "ordinary income" is defined in the Internal Revenue Code.

21 (iii) Partners of a publicly traded limited partnership are not subject to the tax imposed in this

22 subsection illlc).

23 (dl A corporate officer of a subchapter S. corporation who receives wages as an employee of the

24 corporation shall pay the old fund liability tax on both the wages and any distributive share of ordinary

25 income at the employee rate. The subchapter S. corporation is not liable for the tax on the corporate

26 officer's wages.

27 (e) A corporate officer of a closely held corporation who owns stock in a closely held corporation

28 that meets the stock ownership test under section 542(a)(2) of the Internal Revenue Code and receives

29 wages as an amployee of the corporation is required to pay the old fund liability tax only on the wages

30 received. The corporation is not liable for the tax on the corporate officer's wages.

\ leglslfUlve ',Serv,ca '\!!jvision

- 31 - HB 166


(fl ¾is The old fund liability tax deposited in the account established in 39-71-2504 must be used

2 to reduce the unfunded liability in the state fund incurred for claims for injuries resulting from accidents that

3 occurred before July 1, 1990. If one or more loans or bonds are outstanding, the legislature may not reduce

4 the security for repayment of the outstanding loans or bonds, except that the legislature may forgive

5 payment of a tax or reduce a tax rate for any 12-month period if the workers' compensation bond

6 repayment account contains on the first day of that period an amount, regardless of the source, that is in

7 excess of the reserve maintained in the account and that is equal to the amount needed to pay and

8 dedicated to the payment of the principal, premium, and interest that must be paid during that period on

9 the outstanding loans or bonds.

1 0 (g) Each employer shall maintain the records that the department requires concerning the old fund

11 liability tax. The records are subject to inspection by the department and its employees and agents during

1 2 regular business hours.

1 3 (h) An employee does not have any right of action against an employer for any money deducted

14 and withheld from the employee's wages and paid to the state in compliance or intended compliance with

1 5 this section.

16 (i) The employer is liable to the state for any amount of old fund liability taxes, plus interest and

17 penalty, when the employer fails to withhold from an employee's wages or fails to remit to the state the

18 old fund liability tax required by this section.

19 (j) A sole proprietor, subchapter S. corporation shareholder, partner of a partnership, or member

20 or manager of a limited liability company is liable to the state for the old fund liability tax, plus interest and

21 penalty, when the sole proprietor, shareholder, partner, or member or manager fails to remit to the state

22 the old fund liability tax required by this section.

23 (2) All After depositing 1.20% in the state general fund, all remaining collections of the tax must

24 be deposited as received in the account. The tax is in addition to any other tax or fee assessed against

25 persons subject to the tax.

26 13) (a) Tax payments and returns required by subsections ( 1 )(a) and (1 )(b) must be made pursuant

27 to 15-30-204. +1'18 After depositing the portion of the tax in the state general fund, the department shall

28 first credit a payment to the liability under 15-30-202 and shall then credit any remainder to the account

29 provided for in 39-71-2504.

30 (b) Tax payments due from sole proprietors, subchapter S. corporation shareholders, partners of

[ Legisl_ative 1Serv,ces , f!jvision

- 32 - HB 166


1 partnerships, and members or managers of limited liability companies must be made with and at the same

2 time as the returns filed pursuant to 1 5-30-144 and 15-30-241 . +late After depositing the portion of the tax

3 in the state general fund, the department shall first credit a payment to the liability under 15-30-103 or

4 15-30-202 and shall then credit any remainder to the account provided for in 39-71-2504.

5 (4) An employer's officer or employee with the duty to collect, account for, and pay to the

6 department the amounts due under this section who fails to pay an amount is liable to the state for the

7 unpaid amount and any penalty and interest relating to that amount.

8 (5) Returns and remittances under subsection (3) and any information obtained by the department

9 during an audit are subject to the provisions of 15-30-303, but the department may disclose the information

10 to the department of labor and industry for the purpose of im1estigation and prevention of noncompliance,

11 tax evasion, fraud, and abuse under the unemployment insurance laws, under circumstances and co~ditions

12 that ensure the continued confidentiality of the information.

13 (6) The department of labor and industry and the state fund shall give the department a list of all

14 employers having coverage under any plan administered or regulated by the department of labor and

15 industry and the state fund. The department of labor and industry and the state fund shall update the lists

16 weekly. The department of labor and industry and the state fund shall provide the department with access

17 to their computer data bases and paper files and records for the purpose of the department's administration

18 of the tax imposed by this section.

19 {7) The provisions of Title 15, chapter 30, that are not in conflict with the provisions of this part

20 regarding administration, remedies, enforcement, collections, hearings, interest, deficiency assessments,

21 credits for overpayment, statute of limitations, penalties, estimated taxes, and department rulemaking

22 authority apply to the tax, to employers, to employees, to sole proprietors, to subchapter S. corporation

23 shareholders, to partners of partnerships, to members or managers of limited liability companies, and to the

24 department."


25

26

27 "39-71-2504. Workers' compensation bond repayment account. (11 There is a workers'

28 compensation bond repayment account in the enterprise fund.

29 (2) AU After depositing 1.20% in the state general fund. all remaining collections of the tax

30 imposed under 39-71-2503 and the interest and penalties on the tax must, in accordance with the

'(Legislative )Services \!!fvislon

- 33 - HB 166


provisions of 15-1-501, be deposited in the workers' compensation bond repayment account All money

2 deposited in the workers' compensation bond repayment account must be retained in the account to the

3 extent necessa·ry to pay the principal of and the redemption premium and interest due on workers·

4 compensation bonds issued under 39-71-2354 and 39-71-2355 and to establish and maintain a reserve for

5 the bonds equal to the maximum annual principal of and interest on the bonds in any future year. The

6 balance in the workers' compensation bond repayment account is statutorily appropriated, as provided in

7 17-7-502, to the state fund to be used to reduce the unfunded liability in the state fund incurred for claims

8 for injuries resulting from accidents that occurred before July 1, 1990."


9

10

11 "49-2-510. Procedures and remedies for enforcement of housing discrimination laws. 11) A

12 complaint may be filed with the commission by or on behalf of a person claiming to be aggrieved by any

13 discriminatory practice prohibited by 49-2-305. The complaint must be in written form and must be filed

14 with the commission within 1 year after the alleged unlawful discriminatory practice occurred or was

1 5 discovered.

16 (2) (a) Except as provided in subsection (2)(b), if the commission, in a hearing under 49-2-505,

17 finds that a person, institution, entity, or agency against whom a complaint was filed under this part has

18 engaged in a discriminatory practice in violation of 49-2-305, the commission may, in addition to the

19 remedies and injunctive and other equitable relief provided by 49-2-506, to vindicate the public interest,

20 assess a civil penalty:

21 (i) in an amount not exceeding $10,000 if the respondent has not been found to have committed

22 any prior discriminatory housing practice in violation of 49-2-305;

23 (ii) in an amount not exceeding $25,000 if the respondent has been found to have committed one

24 other discriminatory housing practice in violation of 49-2-305 during the 5-year period ending on the date

25 of the filing of the complaint; and

26 (iii) in an amount not exceeding $50,000 if the respondent has been found to have committed two

27 or more discriminatory housing practices in violation of 49-2-305 during the 7-year period ending on the

28 date of the filing of the complaint.

29 (b) If the acts constituting the discriminatory housing practice that is the object of the complaint

30 are committed by the same natural person who has been previously found to have committed acts

- 34 - HB 166


constituting a discriminatory housing practice, the civil penalties provided in subsections I2)(a)(ii) and

2 (2l(a)(iii) may be imposed without regard to the period of time within which any prior discriminatory housing

3 practice occurred.

4 13) In the case of an order with respect to a discriminatory housing practice in violation of

5 49-2-305 that occurred in the course of a business subject to licensing or regulation by a governmental

6 agency, the commission shall, no later than 30 days after the date of the issuance of the order or, if the

7 order is judicially reviewed, no later than 30 days after the order is in substance affirmed:

8 (a) send copies of the findings of fact, the conclusions of law, and the order to the licensing or

9 regulatory agency; and

1 0 (b) recommend to the licensing or regulatory agency appropriate disciplinary action, including,

11 wl=lefe when appropriate, the suspension or revocation of the lic.::'lse of the respondent.

12 (4) (a) When a complaint is filed under 49-2-305, a complainant, respondent, or aggrieved person

13 on whose behalf the complaint was filed may elect to have the claims decided in a civil action in lieu of a

14 hearing under 49-2-505. The election must be made no later than 20 days after receipt by the electing

15 person of service of notice of certification for hearing under 49-2-505. The person making the election shall

16 give notice to the commission and to all other complainants and respondents to whom the complaint

17 relates. Within 30 days after the election is made, the commission shall commence a civil action in an

18 appropriate district court on behalf of the aggrieved person if the commission staff has made a finding that

19 the allegations of the complaint are supported by substantial evidence. If the commission staff has made

20 a finding that the allegations of the complaint are not supported by substantial evidence, the complainant

21 may commence a civil action in an appropriate district court in accordance with subsection 15). An

22 aggrieved person with respect to the issues to be determined in a civil action brought by the commission

23 staff may intervene in the action.

24 (b) The commission may not continue administrative proceedings on a complaint after an election

25 is made in accordance with subsection I4)(a).

26 (5) (a) An aggrieved person may commence a civil action in an appropriate district court within 2

27 years after an alleged unlawful discriminatory practice under 49-2-305 occurred or was discovered or within

28 2 years of the breach of a conciliation agreement entered into under 49-2-504 in a case alleging a violation

29 of 49-2-305. The computation of the 2-year period does not include any time during which an

30 administrative proceeding under this title was pending with respect to a complaint alleging a violation of

CLegislative '-.Services \!!frision

- 35 - HB 166


49-2-305. The tolling of the time limit for commencing a civil action does not apply to actions arising from

2 breach of a conciliation agreement.

3 (bl An aggrieved person may commence a civil action under this subsection for a violation of

4 49-2-305 whether or not a complaint has been filed under 49-2-501 and without regard to the status of

5 a complaint filed with the commissionL except as provided in subsection (5)(dl. If the commission has

6 obtained a conciliation agreement with the consent of the aggrieved person, an action may not be filed

7 under this subsection by the aggrieved person regarding the alleged violation of 49-2-305 that forms the

8 basis for the complaint except for the purpose of enforcing the terms of the agreement.

9 (cl The commission may not continue administrative proceedings on a complaint after the beginning

1 O of a trial of a civil action commenced by the aggrieved party under this subsection (5) seeking relief with

11 respect to the same alleged violation of 49-2-305.

12 (d) An aggrieved person may not commence a civil action under this subsection (51 with respect

13 to an alleged violation of 49-2-305 if the commission has commenced a hearing on the record under

14 49-2-505 regarding the same complaint.

15 (el Upon application by a person alleging a violation of 49-2-305 in a civil action under this

16 subsection (5) or by a person against whom the violation is alleged, the court may:

1 7 (il appoint an attorney for the applicant; or

18 (ii) authorize the commencement or continuation of a civil action without the payment of fees,

19 costs, or security if, in the opinion of the court, the applicant is financially unable to bear the costs of the

20 civil action.

21 (f) Upon timely application, the commission may intervene in a civil action brought under this

22 subsection (5) if the commission certifies that the case is of general public importance. Upon intervention,

23 the commission may obtain the same relief that would be available to the commission under subsection (7).

24 (6) If the court finds that a person, institution, entity, or agency against whom a complaint was

25 filed under this section has engaged in a discriminatory practice in violation of 49-2-305, the court may,

26 in addition to the other remedies and injunctive and other equitable relief provided under 49-2-506, award

27 punitive damages. The court may also award attorney fees to the prevailing party.

28 (7) (al Whenever the commission has reasonable cause to believe that a person or group of persons

29 is engaged in a pattern or practice in violation of 49-2-305 or that a group of persons has been

30 discriminated against in violation of 49-2-305 and the denial raises an issue of general public importance,

- 36 - HB 166


1 the commission may commence a civil action in an appropriate district court. The commission may also

2 commence a civil action in any appropriate district court for relief regarding breach of a conciliation

3 agreement in a case regarding an alleged violation of 49-2-305 if the commission is a party to the

4 agreement.

5 lb) The commission may file a civil action under this subsection 17) within 18 months after the

6 alleged breach of the conciliation agreement or unlawful discriminatory practice occurred or was discovered.

7 (c) In a civil action under this subsection (7), the court may, in addition to the remedies provided

8 under 49-2-506, assess a civil penalty against the respondent:

9 (i) in an amount not exceeding $50,000 for u first violation; and

10 Iii) in an amount not exceeding $100,000 for c::iy subsequent violation.

11 Id) Upon timely application, a person may intervene in a civil action under this subsection (7) that

12 involves an alleged violation of 49-2-305 with respect to which the intervenor is an aggrieved person.

13 (8) Civil penalties under this section must be paid to the state treasurer to be deposited in afl

14 asoeunt in the state s130eial revenue general fund ta be used by the eeR'lR'lissieA ~er heusiAg diseriR'liAatioA

15 onforeoR'leAt."


16

17

18 "50-5-112. Civil penalties. 11) A person who commits an act prohibited by 50-5-111 is subject

19 to a civil penalty not to exceed $1,000 for each day that a facility is in violation of a provision of part 1 or

20 2 of this chapter or of a rule, license provision, or order adopted or issued pursuant to part 1 or 2. The

21 department or, upon request of the department, the county attorney of the county in which the health care

22 facility in question is located may petition the court to impose the civil penalty. Venue for an action to

23 collect a civil penalty pursuant to this section is in the county in which the facility is located or in the first

24 judicial district.

25 12) In determining the amount of penalty to be assessed for an alleged violation under this section,

26 the court shall consider:

27 la) the gravity of the violation in terms of the degree of physical or mental harm to a resident or

28 patient;

29 .[Ql the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;

30 afle

( Legisl!'tlve ,serv1ces \!!}vision

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1 J.£1 the degree of deviation committed by the facility from a requirement imposed by part 1 or 2

2 of this chapter or by a rule, license provision, or order adopted or issued pursuant to part 1 or 2; an.9.

3 fel-J..Ql other matters as justice may require.

4 (3) A penalty collected under this section must be deposited in the patient proteetien aesount

5 pro·iided for in 60 6 2<12 state general fund.

6 (41 In addition to or exclusive of the remedy provided in subsection (1 ), the department may pursue

7 remedies available for a violationL as provided for in 50-5-1 0BL or any other remedies available to it."

8


1 O "50-5-113. Criminal penalties. (1) A person is guilty of a criminal offense under this section if the

11 person knowingly conceals material information about the operation of the facility or does any. of the

12 following and by doing so threatens the health or safety of one or more individuals entrusted to the care

1 3 of the person:

14 (a) commits an act prohibited by 50-5-111;

15 (b) omits material information or makes a false statement or representation in an application,

16 record, report, or other document filed, maintained, or used for compliance with the provisions of part 1

17 or 2 of this chapter or with rules, license provisions, or orders adopted or issued pursuant to part 1 or 2;

18 or

19 (c) destroys, alters, conceals, or fails to file or maintain any record, information, or application

20 required to be maintained or filed in compliance with a provision of part 1 or 2 of this chapter or in

21 compliance with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.

22 (2) A person convicted under subsection (1) is subject to a fine of not more than $1,000 for the

23 first offense and not more than $2,000 for each subsequent offense for each day that a facility is in

24 violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted or

25 issued pursuant to part 1 or 2.

26 (3) In determining the amount of penalty to be assessed for an alleged violation under this section,


28 (a) the gravity of the violation in terms of the degree of physical or mental harm to a resident or

29 patient;

30 il!l the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;

- 38 - HB 166


1 aR4

2 ill the degree of deviation committed by the facility from a requirement imposed by part 1 or 2

3 of this chapter or by a rule, license provision, or order adopted or issued pursuant to part 1 or 2; and

4 AAJJ:!l other matters as justice may require.

5 (4) Prosecution under this section does net bar enforcement under any other section of this chapter

6 or pursuit of any othE:r appropriate remedy by the department.

7 15) Venue for prosecution pursuant to this section is in the county in which the facility is located

8 or in the first judicial district.

9 (6) A penalty collected under this section must be deposited in the patieAt pFeteetieA aeee1:mt

10 13Fe~•iaea fer iA 60 6 2a2 state general fund."

11


13 "50-5-232. Patient protection account -- deposit of funds. ( 1) There is a patient protection account

14 in the state special revenue fund. n,e meAe'J' iA the aeeo1:1At is stat1:1teFily appFe13riatea te the ae13aFtmeAt

15 as pFeviaea iA 17 7 602.

16 (2) There is deposited in the patient protection account,

17 (a) peAalties eelleetea p1:1rs1:1aAt ta part 1 eF 2 ef this eha13ter;

1 a· AA money received by the department in the form of gifts, grants, reimbursements, or

19 appropriations from any source that are intended to be used for the purposes of the account;--aflt/

20 (6) iAterest eaFAea 0A Rl0Ae't' iR the aee01:1Rt.

21 (3) The funds deposited in the patient protection account may be used only:

22 (a) to pay for the costs of a receivership; and

23 lb) to pay for the cost of department-initiated relocation of residents.

24 (4) Penalties collected pursuant to part 1 or 2 of this chapter must be deposited in the state general

25 fund."


26

27

28 "50-40-206. Special revenue account -- donations for smoking areas stat1:1ter'I' apprepriatieA.

29 (1) There is an account in the state special revenue fund for the establishment of designated smoking areas

30 pursuant to 50-40-204.

1 Legisl!l'ive \Services \f!jvision

- 39 - HB 166


1 12) The department of administration is authorized to accept donations to pay for the establishment

2 of or improvements to designated smoking areas in state buildings and shall deposit any donations into the

3 special revenue account established in subsection 11).

4 13) The money in the special revenue account establisl=iea in subseetien ( 1) is statutenlv

5 a1313re13riatea, as 13re¥iEleEI in 17 7 ii02, te must be used by the department ot administration to pay for the

6 establishment of or improvements to designated smoking areas pursuant to 50-40-204."

7


9 "53-6-150. Stat11ter; app,ep,iation of denated Donated funds. H-t The department of public health

10 and human services may receive private funds and nonfederal and nonstate public funds for its medical

11 assistance programs. Donated funds must be matched with federal funds whenever possible.

1 2 (2) ~1,mas Elonateel to tl=ie Ele13artfl'lent for its A'leelieal assistanee 13regrafl'ls are statuteriiy

13 ap13ropriat0EI te tl=ie Ele13artffient as pre¥ieleet in 17 7 li02."

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"53-19-310. NatRd Account for telecommunications services for the handicapped. ( 1) There is an

account for telecommunications services for the handicapped in the state special revenue fund in the state

treasury. The account consists of+

fat all monetary contributions, gifts, and grants received by the committee as provided in

5 3-1 9-309-;-6f\EI

(b) all el=iarges billeet ana eelleetea pursuant ta e3 19 311.

(2) The money in the account is allocated to the committee for purposes of implementing this part.

(3) All e1E13enaitures sf tl=le 8BA'lfl'lit1ee in aafl'linistering tl=iis 13art A'lUSt be paiel freffi A'lOney Ele13esiteel

in tl=ie aeeeunt."


"53-19-311. Special assessment. 11) A charge of 10 cents a month may be assessed on each

28 telephone access line provided and billed by each local exchange company and is imposed for the purposes

29 of this part.

30 12) Each customer of a local exchange company is liable for payment to the local exchange

\ Legislflllve 1Seni1cu , Division

- 40 - HB 166


1 company of any charge properly imposed pursuant to this part. The local exchange company is not liable

2 for any uncollected charge, nor does the company have an obligation to take legal action to enforce the

3 collection of any charge that is unpaid by its customers.

4 (3) Each local exchange company shall bill each customer for the charge provided for in subsection

5 ( 1). Except as provided in subsection (4), all chargas billed and collected by a local exchange company must

6 be transmitted to the state treasurer no later than the last day of the month following the end of each

7 calendar quarter in which the charge is billed. All charges received by the state treasurer must be deposited

8 in the state general fund estaelisheel in 63 1 Q a 1 Q to tho sreelit of tho oeFAFAittoo.

9 (4) Each local exchange company may deduct and retain 3/4 of 1 % of the total charges billed and

10 collected each month to cover its administrative expenses in complying with the requirements of subsection

11 (3)."

12


14 "53-24-108. UtiliHtioA Use of funds generated by taxation on alcoholic beverages. ( 1 ) Revenue

15 generated by 16-1-404, 16-1-406, 1 e 1 4Q8, and 16-1-411 to state-approved private, nonprofit or public

16 programs whose function is the treatment, rehabilitation, and prevention of alcoholism may be distributed

17 in either of the following manners:

1 B (a) as payment of fees for alcoholism services provided by state-approved private, nonprofit or

19 public alcoholism programs and licensed hospitals for detoxification services; or

20 (b) as grants to state-approved private, nonprofit or public alcoholism programs.

21 (2) State-approved private chemical programs organized for profit are not eligible for revenue

22 generated by 16-1-404, 16-1-406, 1 e 1 408, and 16-1-411.

23 (3) Ne~ person operating a state-approved alcoholism program may not be required to provide

24 matching funds as a condition of receiving a grant under subsection ( 1) of this soetion.

25 (4) In addition to funding received under this section, a person operating a state-approved

26 alcoholism program may accept gifts, bequests, or the donation of services or money for the treatment,

27 rehabilitation, or prevention of alcoholism.

28 (5) Ne t,. person receiving funding under this section to support operation of a state-approved

29 alcoholism program may not refuse alcoholism treatment, rehabilitation, or prevention services to a person

30 solely because of that person's inability to pay for those services.

CLegislaJive \SerYlces '\!!/Vision

- 41 - HB 166


(6) A grant made under this section is subject to the following conditions:

2 (a) The grant application must contain an estimate of all program income, including income from

3 earned fees, gifts, bequests, donations, and grants from other than state sources during the period tor

4 which grant support is sought.

5 (b) Whenever, during the period of grant support, program income exceeds the amount estimated

6 in the grant application, the amount of the excess Sftait must be reported to the grantor.

7 (c) The excess Sftait must be used by the grantee under the terms of the grant in accordance with

8 one or a combination of the following options:

g (il use for any purpose that furthers the objectives of the legislation under which the grant was

10 made; or

11 (iii to allow program growth through the expansion of services or for capital expenditures necessary

12 to improve facilities where services are provided.

13 (71 Revenue generated by 16-1-404, 16-1-406, 16 1 408, and 16-1-411 for the treatment,

14 rehabilitation, and prevention of alcoholism WRteR that has not been encumbered for those purposes by the

15 counties of Montana or the department Sftait must be returned to the state special revenue fund for the

16 treatment, rehabilitation, and prevention of alcoholism within 30 days after the close of each fiscal year and

17 will must be distributed by the department the following year as provided in 53-24-206(31(b)."


18

19

20 "60-2-220. Butte-Anaconda cultural heritage area•· signs -- location and design -- funding. (11

21 There is established a cultural heritage area encompassing Silver Bow County and Deer Lodge County.

22 (2) Subject to the provisions of federal law, the department shall, as funds are available under

23 subsection (4), erect and maintain at specified locations on the primary and interstate highways in Silver

24 Bow County and Deer Lodge County signs identifying those counties as a cultural heritage area.

25 (3) The consolidated governments of Butte-Silver Bow and Anaconda-Deer Lodge shall design the

26 signs and designate the general locations for the signs. The department shall determine the exact location

27 of each sign.

28 (41 The department may accept money from other state agencies, federal agencies, local

29 governments, or private persons for the purposes of subsections (2) and (3) and may expend, as a stat1,1tory

30 appropriation 1,1nder 17 7 e02, the money received for those purposes.

\

··Legis/alive Services ,D;vision

· 42 · HB 166


1 (5) As used in this section, "department" means the department of transportation provided for in

2 2-15-2501."

3


5 "60-11-120. Railroad and intermodal trnnsportation facility loans and grants -- authorization

6 eligibility. ( 1) Money 30f!0Siteel iR tAe Sf!eeial FaiiFeaef faeilities a Ref iRteFR10elal tFBASf!0FtatioR facilities

7 aeeo1cmt ereateef iR eO 11 122 appropriated by the legislature may be used by the department of

8 transportation, after deducting the necessary costs and expenses for administering this section, to provide

9 loans and grants for the preservation and continued operation of railroad branch lines identified in

10 60-11-11 1 and for the development and improvement of intermodal transportation facilities. Proceeds of

11 all repayments of loans, including interest, made under this section must be deposited in the s13ooial r_ailread

12 faoilities aAd iRt0FR10dal tFaRSf!OrtatioR faoilitios aeoouAt state general fund.

13 (2) An owner or operator of a railroad identified in 60-1 1-11 1 (2) is eligible for a loan or grant under

14 this section f!Fo•,•idod Hmt if the owner or operator:

15 (a) undertakes to repair, improve, or replace rail facilities to allow the continued operation of the

16 railroad for local rail transportation service; and

17 (b) derives revenue from the continued operation of the railroad.

18 (3) A port authority created under Title 7, chapter 14, part 11, is eligible for a loan or grant under

19 this section for the development or improvement of an intermodal transportation facility under this section

20 f!FeYided tAat jf:

21 (a) the port authority is included in the state transportation planning process as described in 23

22 U.S.C. 135; and

23 (bl the intermodal transportation facility for which a loan or grant is sought is integrally related to

24 the railroad transportation system of the state."


25

26

27 "60-11-123. Disposition of revenue from state-owned railroads -- use of money. (1) Unless

28 otherwise required by law, revenue from the lease or sale of assets of or revenue paid to the state of

29 Montana by an operator of a railroad owned by the state of Montana must be deposited in tho s13eeial

30 railFeaa faeilities aRa iRterR1edal traRs13ertatieA faeilitios aooouRt ereatod iR 60 11 122 state general fund.

flegislf"ive )Services \!!fvision

- 43 - HB 166

55th Legislature H80166.01

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8

(21 The department of transportation is authorized to administer, as provided in 60-11-120 through

60-11-123, tAe speeial railroad faoilities and intermodal transportation faeilitios aeeount created in

e0 11 122 funding available to provide for improvement of railroad tracks and associated facilities of any

state-owned railroad in Montana and to provide loans and grants to railroad lines and intermodal

transportation facilities as provided in 60-11-120."


"61-3-509. Disposition of taxes. (1) Except as provided in subsection (2), the county treasurer

9 shall, after deducting the district court fee, credit all taxes on motor vehicles and fees in lieu of tax on

1 O motorcycles, motor homes, travel trailers, and campers collected under 61-3-504, 61-3-5 21 , 61-3-52 7, and

11 61-3-537 to a motor vehicle suspense fund, and at some time between March 1 and March 10 of each year

12 and every 60 days after that date, the county treasurer shall distribute the money in the motor vehicle

13 suspense fund in the relative proportions required by the levies for state, county, school district, and

14 municipal purposes in the same manner as personal property taxes are distributed.

15 (2) The county treasurer shall deduct as a district court fee 7% of the amount of the 2% tax

16 collected on an automobile or truck having a rated capacity of 1 ton or less. The county treasurer shall

1 7 credit the fee for district courts to a separate suspense account and shall forward the amount in the

18 · account to the state treasurer at the time that the county treasurer distributes the motor vehicle suspense

19 fund. The state treasurer shall credit amounts received under this subsection to the general state special

20 revenue fund to be used for purposes of state funding of the district court expenses as provided in

21 3-5-901."

22


24 "61-5-121. Disposition of fees. (1) The disposition of the fees from driver's licenses provided for

25 in e1 e 111 (7)Ia). motorcycle endorsements pre·+'ided fer in e1 e 11117)(131, commercial driver's licenses

26 pro•,.ided for in e1 e 11117)(el, and duplicate driver's licenses provided for in 61-5-114 is as follows:

27 (a) The amount of -2-&% 16.7% of each driver's license fee and 25% of each duplicate driver's

28 license fee must be deposited into an account in the state special revenue fund. The department shall

29 transfer the funds from this account to the Montana highway patrol officers' retirement pension trust fund

30 as provided in 19-6-404.

: legisl_allve \Services ~,Division

- 44 - HS 166


(bl (ii If the fees are collected by a county treasurer or other agent of the department, the amount

2 of a.7!iq" 2.5% of each driver's license fee and 3.75% of each duplicate driver's license fee must be

3 deposited into the county general fund.

4 (ii) If the fees are collected by the department, the amount provided for in subsection (1 )(b)(i) must

5 be deposited into the state general fund.

6 (c) (i) If the fee is collected by a county treasurer or other agent of the department, the amount

7 of e-%- 3.34% of each motorcyclf! endorsement must be deposited into the county general fund.

8 (ii) If the fee is collected by the department, the amount provided for in subsection ( 1 )(c) (i) must


10 (d) The amount of 26.25% of each driver's license fet' and 8. 75% of each duplicate driver's license

11 fee must be deposited into the state traffic education account.

12 (e) In addition to the amounts deposited pursuant to subsections ( 1 )(b)(ii) and ( 1 )(c)(ii), the amount

13 of 54.55% of each driver's license fee and 62.5% of each duplicate driver's license fee must be deposited

14 into the state general fund.

15 (f) If the fee is collected by the county treasurer or other agent of the department, the amount of

16 a.7!i'l'o 2.5% of each commercial driver's license fee must be deposited into the county general fund,

17 otherwise all of the fee must be deposited in the state general fund.

18 (g) The amount of 0e,.o/o, 63.46% of each motorcycle endorsement fee must be deposited into the

19 state traffic education account in the state special revenue fund, and the amount of 33.2% of each

20 motorcycle endorsement fee must be deposited into the state general fund.

21 (2) (a) If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and

22 duplicate driver's licenses are collected by a county treasurer or other agent of the department, the county

23 treasurer or agent shall deposit the amounts provided for in subsections ( 1 )(b)(il and ( 1 )(c)(i) into the county

24 general fund. The county treasurer or agent shall then remit to the state treasurer all remaining fees,

25 together with a statement indicating what portion of each fee is to be deposited into the account in the

26 state special revenue fund. as provided in subsection ( 1 )(a). and the state general fund. The state treasurer,

27 upon receipt of the fees and statement, shall deposit the fees as provided in subsections 11 )(a) and ( 1) (d)

28 through (1 )(g).

29 (bl If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and

30 duplicate driver's licenses are collected by the department, it shall remit all fees to the state treasurer,

- 45 - HB 166


together with a statement indicating what portion of each fee is to be deposited into the account in the

2 state special revenue fund as provided in subsection (l)(a), the state special revenue fund, and the state

3 general fund. The state treasurer, upon receipt of the fees and statement, shall deposit the fees as provided

4 in subsections (1)(a), (1)(b)(ii), (1)(c)(ii), and (l)(d) through (1)(g)."

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"75-5-1108. Stat1:1tert' apprnp,iatien Use of funds. Money in the revolving fund~

apprnpriates, as pro•,rises in 17 7 e02, must be used for the purposes of making loans to municipalities and

private concerns and paying debt service on obligations. Mono•; in tt:lo speoial asFRinistrati>vo easts aeeount

a1:1thorize0 ev 7e e 111 a is s1c10jeet to le!Jislati¥e ai,i,rapriatian eenstrain~s, ans ei!i,onsitlclfes frnFA this

aoee1c1nt FRust ee ffiaso froffi toffiporary appropriations, as sosorieos in 17 7 e01 I 11 er 121, FRaeo for that

puri,oso."


"75-6-214. Stat1:1tef't' app,epriatien Use of funds. Money in the revolving fund is stat1:1t0ril~•

apprnpriatos, as pro•,isos in 17 7 e02, must be used for the purposes of providing financial assistance to

public water systems. Money in tho asffiinistration aeoe1:1nt authoricos ey 7e e 211 is suejeet te le§islati.,.e

ai,prepriation, ans eiti,ensituros froFR tt:lis aoeo1:1nt ffil:Jst eo FAase froFR teffiporary ai,i,roi,riations, -as

seseriees in 17 7 601{1) er 12), that are maso for tt:lat i,urposo."


"75-10-954. Megalandfill reclamation account -- deposit of funds. (1) There is a megalandfill

23 reclamation account in the state special revenue fund provided for in 17-2-102.

24 (2) All foes, fines, i,enaltios, forfeited bonds, ane other FRono•r that have been or will be paid to

25 the department under the provisions of 75-10-950 through 75-10-954 must be deposited in the account.

26 (3) Money in the account is available to the department for the reclamation, restoration, and

27 replacement of natural resources damaged or impaired by the megalandfill. Unencumbered and unexpended

28 money remaining in the account at the end of a fiscal year may not lapse but must be carried forward for

29 the purposes of this subsection until appropriated by subsequent legislative action.

~0 (4) All fees, fines, penalties, and other money paid to the department under the provisions of

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"'\ nividnn - 46 - HB 166

55th Legislature

1

2

75-10-950 through 75-10-954 must be deposited in the state general fund."


HB0166.01

4 "76-12-123. Natural areas account. (1) There is a natural areas special revenue account within

5 the state special revenue fund established in 17-?-102.

6 (2) The natural areas account may receive funds from any source as gifts.

7 (3) The department may spend funds accepted as gifts in accordance with the purposes of this

8 part, including administration of a natural areas program. Tt:1ese hmEls, e11eef)t fi:JAEls 1cJseEI fer aeFAiAistratieA

9 ef a f)re!JraFA, are stat1cJterily af)f)ref)riatee, as f)revided iA 17 7 e02."

10


12 "77-2-323. Sale procedure and limitation. (1) At the time fixed for the sale, the lands SflaH must

13 be offered for sale at auction in the order that they appear in the notice of sale. Under the direction of the

14 department,. the lands SflaH must be sold to the highest qualified bidder under the following restrictions:

15 (a) ~Je laAEls Lands may not be sold for less than the value determined by the board after appraisal

16 by a qualified land appraiser.

17 lb) Tillable lands capable of producing agricultural crops may not be sold for less than $10 f}6f an

18 acre.

19 (c) Lands principally valuable for grazing purposes may not be sold for less than $5 f}6f an acre.

20 (2) The lands SflaH must be sold as nearly as practicable according to the subdivisions in which

21 they are acvertised, and care 5AtiU must be taken not to subdivide any tract in such a way as to separate

22 remaining portions from a water supply or from section lines or public highways.

23 13) The sale may be adjourned from day to day until all the lands advertised have been offered for

24 sale.

25 (4) If any successful bidder at a sale refuses or neglects to make the initial payment required to

26 be made on the land purchased By--fflR'I, !=le the successful bidder shall forfeit to the state not less than $50

27 or more than $1,000, to be determined by the board according to the circumstances of the case. If St¾eR

28 the forfeiture is not paid when notice of the amount of the forfeiture has been served by the department,

29 the attorney general shall sue for the recovery tt:lereef of the amount in the name of the state. The

30 forfeiture amount must be deposited in the state general fund."

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55th Legislature HBOl 66.01


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4

5

6

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"77-2-328. Additional rules -- deposit of fees. The board may prescribe si:lel=t any additional rules

for the conduct of these sales as in its judgment the interests of the state may demand. Any fees collected

by a rule adopted pursuant to this section must be deposited in the state general fund."


"77-5-305. Responsibility for compliance -- penalties -- administrative orders. { 1) (a) Except as

8 provided in subsection (l)(b), it is the responsibility of the owner to ensure compliance with the provisions

9 of this part and rules adopted pursuant to this part.

1 O (b) If a written contract between an owner and an operator specifies that the operator is

11 responsible for compliance with laws relating to forest practices, the operator is considered the resppnsible

12 party for all enforcement actions taken by the department under this section.

13 (2) A person who violates a provision of this part, a rule adopted pursuant to this part, or an order

14 issued under this section shall be subject to a civil penalty not to exceed $1,000. Each day of violation

1 5 constitutes a separate violation.

16 (3) (a) When the department determines that an owner or operator has violated a provision of this

1 7 part or a rule adopted pursuant to this part and has caused damage to watershed or wildlife resources, the

18 department may serve an order requiring the person responsible for the conduct of forest practices to

19 undertake necessary site rehabilitation within a reasonable period of time stated in the order. The order

20 must specify the nature of the violation and the damage or unsatisfactory condition resulting from the

21 violation.

22 {b) The order becomes final unless, within 30 days after the notice is served, the person named

23 requests in writing a hearing before the department. On receipt of the request, the department shall

24 schedule a hearing. Service by mail is complete on the date of mailing.

25 (c) If, after a hearing, the department finds that a violation has occurred and the watershed or

26 wildlife habitat damage warrants site rehabilitation, it shall affirm or modify the order previously issued. If

27 the department finds that a violation has not occurred or that site rehabilitation is not warranted, it shall

28 rescind the order.

29 (d) The department may include in an order a provision that the owner or operator immediately

30 cease causing further damage and take immediate action to alleviate the damage or to prevent future

i Legislative \services l, Division

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damage. The department may institute an action for injunctive relief under Title 27, chapter 19, if the

2 recipient of the order does not comply with it.

3 (4) Subsection (3) does not prevent the department from seeking voluntary compliance and site

4 rehabilitation through warning, conference, or any other appropriate means.

5 15) All fines and penalties levied under this section must be deposited in the state general fund."


6

7

8 "82-11-136. Expenditure of funds from bonds for plugging wells. The board may accept and

9 expend all funds received by it from bonds for properly plugging dry or abandoned wells as authorized in

10 82-11-123(5). These h1AE1s are stat1,Jtorily appropriates as-flf8Yidod iA 17 7 602."

11


13 "85-1-220. State water project hydroelectric power generation special revenue account created

14 -- Fe\•eRues revenue allocated. ( 1) There is a state water project hydroelectric power generation special

15 revenue account within the state special revenue fund established in 17-2-102.

16 (2) Except as provided in the applicable bond resolution, all ro 1, 1onues revenue derived from

17 hydroelectric power generation at state water conservation projects under Title 85, chapter 1, must be paid

18 · into this account as received.

19 (3) The re~·en1,JeS revenue received under this section must be used to repair and rehabilitate

20 state-owned water projects and works and to pay the cost of financing those activities.

21 14) The funds deposited in the state water project hydroelectric power generation special revenue

22 account under this section but not appropriated during the biennium and money appropriated from the

23 account but not expended during the biennium for which it is appropriated must remain in the account for

24 future appropriation under this section and may not be appropriated from the account except as authorized

25 under this section.

26 (6) Ti'lere is a stat1,JtOry apprepriation pl,lrSl,lant to 17 7 e02 to allo•.-.• tho de13artrnent to transfer

27 available f1,JAEls frorn the state water prejoet h•fElroeleetrie power !,'leAeratioR speeial reYen1,Je aee01,Jnt wi'len

28 needed ta pay debt seP.«iee en state .,.,.ater prejeet bends, inel1,Jdin9 but net lir:nited to broaElwater power

29 13rajaet IJenEls.

30 (e) There is a statutory appre13riatien pl,lrsuant te 17 7 602 fer tlale department ta transfer a•,ailable

\ Legisl!"fre )S!n,ces "l,!)Jvlsion

- 49 - HB 166


2

3

4

5

fuRds frofl'l tl=lo 13roadwater re13laeoA1eRt aRd roRowal aeeouRt wi=leR Reeded ta J38V dost sor>,·iee OR tl=le

13roadwator 13ower 13rojoot 13oRds."


"90-3-301. AppFepriatieR Spending authority and funding -- matching funds. ( 1) Tho board has

6 authority to accept and expend all funds received by it as grants, donations, or other private or public

7 income. Tl=loso funds are statutoril't' a1313ro13riated as 13revidod iR 17 7 e02.

8 (2) The appropriations and loans made to and by tho board are in addition to and separate from

9 general fund appropriations to the university system and other state agencies.

10 (3) A loan may not be made for a seed capital project for which matching funds have not been

11 received. Matching funds are required prior to any expenditure of board funds for all seed capital projects.

1 2 Tho board may accept as matching funds those received by tho loan recipient within 1 year prior to the

13 execution of the loan agreement. The board may require additional matching funds, depending on the

14 capital need and the degree of risk encountered in the seed capital project.

1 5 (4) A loan may not be made for a research and development project for which matching funds have

16 not been received unless the matching fund requirements are waived by the board pursuant to this section.

1 7 Matching funds, when required, must be received before expenditure of board funds for a research and

18 development project loan may be made. The board may waive the required match for up to 25% of the

1 9 funding for research and development project loans if the board determines that tho capital need and

20 potential commercialization of the research and development project, in addition to its potential to

21 strengthen tho partnership between tho public sector and private sector, warrant tho waiver. Tho board may

22 accept as matching funds those received by tho loan recipient within 1 year prior to tho execution of the

23 loan agreement. The board may require additional matching funds depending on the capital need in the

24 research and development project."

25

26 Section 61. Section 90-7-220, MCA, is amended to road:

27 "90-7-220. Montana developmental center loan. (1) The department of public health and human

28 services may enter into a loan agreement with the Montana health facility authority for the purpose of

29 financing the costs of acquiring, constructing, and equipping facilities for persons with developmental

30 disabilities at the Montana developmental center in Boulder, including the establishment of reserves and the

I Legislalive \Services '\!!f vision

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1 payment of costs of the financing. The maximum principal amount of the loan may not exceed $10.5 million

2 for construction and related costs, plus the necessary amounts for capitalized interest, debt service

3 reserves, and financing costs, and the loan must be payable over a term of not to exceed 30 years and

4 must bear interest and contain other terms and provisions with respect to prepayment or otherwise as are

5 not inconsistent with this section and as the depi!rtment approves. Investment earnings on the authority's

6 bonds or on funds held for the bonds must be used to pay the principal and interest on the loan as provided

7 in the loan agreement.

8 (2) The loan may be secured by a mortgage on the Montana developmental center facility, including

9 the land on which it is located. The loan constitutes a special limited obligation of the department, and the

10 principal and interest payments required by that agreement are payable solely from the facility revenues

11 obtained by the department from the ownership and operation of and the provision of services at the

12 Montana developmental center, including payments or reimbursements from private users, insurers, and

13 the federal government. All facility revenues obtained from services provided by the Montana developmental

14 center must be deposited in a special revenue fund and must be applied to the payment of the principal and

15 interest payments as due under the loan agreement. PriAeipal aAel iAterest payrAonts sonstitute a statutor-,·

16 appropriatieA withiA the FAoaniAg of 17 7 e02. Whenever the foregoing facility revenues exceed the amount

17 and terms specified and required to repay the loan and maintain required reserves, the excess must be

18 deposited to the general fund. As long as the loan remains outstanding and the department provides

19 services for persons with developmental disabilities, the department shall use the Montana developmental

20 center for those purposes or for other purposes as permitted by the loan agreement and state law, except

21 when foreclosure occurs under the agreement or the mortgage. Notwithstanding 77-2-302( 1) and upon

22 foreclosure of a mortgage given to secure the loan agreement, there must be paid to the board of land

23 commissioners as a first and prior claim against the mortgaged land an amount equal to the full market

24 value of the land as determined by the board prior to the execution of the mortgage and after appraisal by

25 a qualified land appraiser. The loan agreement may contain other provisions or agreements that the

26 department determines are necessary and that are not inconsistent with the provisions of Title 90, chapter

27 7.

28 (3) The obligations of the department under the agreement are special limited obligations payable

29 solely from the facility revenues and do not constitute a debt of the state or obligate the state to

30 appropriate or apply any funds or revenues of the state, except the facility revenues as provided in this

CLegisl_atwe Services

\!)jvision - 51 - HB 166


section."

2


4 "90-7-221. Montana state hospital loan. ( 1) The department of public health and human services

5 may enter into a loan agreement with the authority for the purpose of financing the costs of acquiring,

6 constructing, and equipping facilities for the mentally ill at the Montana state hospital in Warm Springs,

7 including the establishment of reserves and the payment of costs of the financing. The maximum principal

8 amount of the loan may not exceed $21 million for construction and related costs, plus the necessary

9 amounts for capitalized interest, debt service reserves, and financing costs. The loan must be payable over

1 0 a term not to exceed 25 years and must bear interest and contain other terms and provisions with respect

11 to prepayment or otherwise that are not inconsistent with this section and that the department approves.

12 Investment earnings on the authority's bonds or on funds held for the bonds must be used to pay the

13 principal and interest on the loan as provided in the loan agreement.

14 12) The loan may be secured by a mortgage on the Montana state hospital facility, including the

15 land on which it is located. The loan constitutes a special limited obligation of the department, and the

16 principal and interest payments required by that agreement are payable from the facility revenue obtained

17 by the department from the ownership and operation of and the provision of services at the Montana state

18 hospital and the Montana mental health nursing care center, including payments or reimbursements from

19 private users, insurers, and the state or federal government. All facility revenue obtained from services

20 provided by the Montana state hospital and the Montana mental health nursing care center must be

21 deposited in a special revenue fund and must be applied to the payment of the principal and interest

22 payments due under the loan agreement. ?rinei13al and interest 13a','Fflents eenstitute a statutery

23 a13i:ire13riatien witAin tke Ffleanin§ ef 17 7 6Q2. Whenever the foregoing facility revenue exceeds the

24 amount and terms specified and required to repay the loan and maintain required reserves, the excess must

25 be deposited as provided in 53-1-413. As long as the loan remains outstanding and the state provides

26 services for the mentally ill, the department shall use the Montana state hospital and the Montana mental

27 health nursing care center for those purposes or for other purposes as permitted by the loan agreement and

28 state law, except when foreclosure occurs under the agreement or the mortgage. Notwithstanding the

29 provisions of 77-2-30211) and upon foreclosure of a mortgage given to secure the loan agreement, there

30 must be paid to the board of land commissioners as a first and prior claim against the mortgaged land an

~Legislatlv~ \.Services ~,Djvision

- 52 - HB 166


1 amount equal to the full market value of the land as determined by the board prior to the execution of the

2 mortgage and after appraisal by a qualified land appraiser. The loan agreement may contain other

3 provisions or agreements that the department determines are necessary and that are not inconsistent with

4 the provisions of Title 90, chapter 7.


6 solely from the facility revenue of the Montana state hospital and the Montana mental health nursing care

7 center and do not constitute a det-t of the state or obligate the state to appropriate or apply any funds or

a revenue of the state, except the facility revenue as provided in this section."

9

10 NEW SECTION. Section 63. Repealer. (1) Sections 10-2-417, 15-31-408, 15-65-122, 15-65-131,

11 16-1-408, 16-1-410, 39-71-534, 60-11-122, and 77-5-306, MCA, are repealed.

12 (2) Section 15-1-111, MCA, is repealed.

13

14 NEW SECTION. Section 64. Effective dates. (1) [Sections 1 through 25, 27 through 62, and 63( 11

15 and this section] are effective July 1, 1997.

16 (2) [Sections 26 and 63(2)) are effective July 1, 2008.

17 -END-

1LegiSlf1dVe \Serv,cu \f!j•ision

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55th Legislature

2

3

4

HOUSE BILL NO. 166


HB0166.02

APPROVED BY CCM ON APPROPRIATIONS




7 STATUTORY APPROPRIATION OF CERTAIN FUNDS; PROVIDING FOR THE DEPOSIT OF CERTAIN FUNDS


9 2-15-501, 2-17-105, 7-15-4286, 7-15-4292, 10 2 416, 10-3-312, 10-4-301, 10-4-302, 15-1-501,

10 15-30-153, 15-35-108, 15-36-324, 15-38-106, Hi 66 121, 15-70-125, 16-1-306, 16-1-404, 16-1-406,

11 16-1-409, 16-11-119, 16-11-206, 17-1-508, 17-5-403, 17-5-404, 17-5-405, 17-5-408, 17-5-804,

12 17-6-201, 17-7-502, 19-19-205, 20-3-108, 20-8-111, 20-9-360, 20-9-361, 32-1-537, 37-43-204

13 39-71-503, 39-71-531, 39-71-533, 39-71-2354, 39-71-2503, 39-71-2504, 49-2-510, 50-5-112,

14 50-5-113, 50-5-232, 50-40-206, 53-6-150, 53-19-310, 53-19-311, 53-24-108, 60-2-220, 60-11-120,

15 60-11-123, 61-3-509, 61-5-121, 75-5-1108, 75-6-214, 75-10-954, 76-12-123, 77-1-505 77-2-323,

16 77-2-328, 77-5-305, 82-11-136, 85-1-220, 90-3-301, 907-220, AND 90-7-221, MCA; REPEALING

17 SECTIONS 10-2-417, 15-1-111, 15-31-408, 16 66 122, Hi ll5 131, 16-1-408, 16-1-410, 39-71-534,

18 60-11-122, AND 77-5-306, MCA; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE."

19


21



24 ( 1) to prosecute or defend all causes in the supreme court in which the state or any officer of the



27 affected;

28 (3) after judgment in any of the causes referred to in subsections (1 land 12), to direct the issuing


30 14) to keep a register of all cases prosecuted or defended by the attorney general. The register

1leglsl~tiv, \..Services L.\!!jvision

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SECOND READING

55th Legislature HB0166 02

must be open to the inspection of the public during business hours. The attorney general shall deliver the

2 register to the attorney general's successor in office.




6 power to oruer and direct county attorneys in all matters pertaining to the duties of their office. The county

7 attorney shall, when ordered or directed by the attorney general, promptly institute and dilige11tly prosecute


9 proceeding.

1 O (6) when required by the public service or directed by the governor, to assist the county attorney

11 of any county in the discharge of the county attorney's duties or to prosecute or defend appropriate cases



14 17) to give an opinion in writing, without fee, to the legislature or either house of the legislature,


1 6 or to the board of county commissioners of any county of the state when required upon any question of

17 law relating to t-Reif the respective offices. The attorney general shall give the opinion within 3 months


1 9 that the question is of sufficient complexity to require additional time. If an opinion issued by the attorney





24 commissioners;

25 i91 to deposit in the state general fund amounts recovered on behalf of the state in antitrust or

26 consumer protection actions:

27 ~ilQJ. to perform all other duties as required by law. (Terminates June 30, 1997--sec. 4, Ch. 196,

28 L. 1995,)

29

30

2-15-501. !Effective July 1, 1997) General duties. It is the duty of the attorney general:

{ 1) to prosecute or defend all causes in the supreme court in which the state or any officer of the

, legislaJive \Services

c.,\_!!jvlsion - 2 - HB 166


state in fli& the officer's official capacity is a party or in which the state has an interest;

2 121 after judgment in any of the causes referred to in subsection I 1 I, to direct the issuing of a

3 process as may be necessary to carry the judgment into execution;

4 13) to keep a register of all cases prosecuted or defended by him, whish the attorney general. The

5 register must be open to the inspection of the public during business hours be epen to tho inspestion ef

6 the publis. The attorney general fffi/6t shall deliver the register to hls the attorney general's successor in

7 office.

8 141 to exercise supervisory powers over county attorneys in all matters pertaining to the duties oi






14 proceeding.

15 151 when required by the public service or directed by the governor, to assist the county attorney

16 of any county in the discharge of fli& the county attorney's duties or to prosecute or defend appropriate

17 cases in which the state or any officer of the state in fli& the officer's official capacity is a party or in which

1 8 the state has an interest;

19 161 to give fli& an opinion in writing, without fee, to the legislature or either house of the legislature,


21 and to the board of county commissioners of any county of the state when required upon any question of

22 law relating to tRaif the respective offices. M& The attorney general shall give any sush the opinion within

23 3 months following the date that it is requested unless He the attorney general certifies in writing to the

24 requesting party that the question is of sufficient complexity to require additional time. If an opinion issued

25 by the attorney general conflicts with an opinion issued by a city attorney, county attorney, or an attorney

26 employed or retained by any state officer, board, commission, or department, the attorney general's opinion

27 is controlling unless overruled by a state district court or the supreme court.


29 commissioners;


( legislative '\Services \!}jvislon

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~lfil to perform all other duties as required by law."


2

3

4

5 "2-17-105. Insurance on state buildings -- use of proceeds -- building replacement. I 1) ~4onoys

6 Money received by the state as indemnification for damage to state buildings, except buildings procured

7 by the department of transportation by purchase or condemnation for right-of-way purposes, SRa11 must be

8 deposited in the state special revenue fund. The money is statutorily appropriated, as provided 1n

9 17-7-502, for the purposes of subsections !2) and (3).

1 0 (2) Those mono~·s are statutorily appropriatoa as pro•,idod in 17 7 602 ans The money may only

11 be:

12 (a) used to repair the damaged property;

13 (b) used to replace the damaged property, subject to the limitations in subsection 13) &f..---thls

14 section; or

15 (cl transferred to the fund and account from which the premiums were paid on the policy covering

16 the building. Moneys Money transferred in this manner may not be spent by the institution or agency having

17 custody of the damaged property but 6Hall must be available for future legislative appropriation. If the

18 moneys arn money is not spent or committed within 2 years from the time they aro that it is received, tfl&y

19 Sfiall the money automatically HWef-t reverts to the fund and account from which the premiums were paid.

20 (3) If an insured building is totally destroyed or so badly damaged that repair is impractical, the

21 governing board or officer responsible for the building may authorize request that any moneys money

22 received by the state as indemnification for property damage tG be used to replace the building only if the

23 proposed replacement is designed.to be used for the same general purposes as the damaged or destroyed

24 building,-and for this purpose tho amounts a\•ailablo thorofor aro statutorily appro13riates as 13rovisos in

25 17 7 602. If the governing board or officer determines that the building should not be replaced, any moneys

26 money received by the state as indemnification for property damage over and above any outstanding debt

27 on the building &Rall must be transferred as provided in subsection (2)(c) of this sostion."

28

29

30

Seetion 3, SeGtion 10 2 41 a, MCA, is ameneod to roae:

"10 2 4Hi, ?ledge to eontinwe epoFation and maintenanee. Pursuant to 38 U.a.C. 041 ans

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5035(a/(6), the stato shall apprai,riate funss either from the gonoral lund or from lunds generated under

2 +&-+-'.I 111 to the oe13artrnent of 13ublio health ano hurnan ser><ioes financial su1313ort necessary to 13ro"ioe

3 for oentinueo operation ano rnaintonanoe of the state horne for veterans in eastern Montana. The

4 oepartrnent of 13ublic health and huR1an ser,rices rnaJ' contract with a private venoor to provioo for the

5 013oration of the eastern Montana veterans' hoRle and Rl3y charge the contract vendor a rontal fee for the

6 rnaintonance and u13l~e013 of tho facility."

7

SECTION 3. SECTION 7-15-4286, MCA, IS AMENDED TO READ: 8

9 "7-15-4286. Procedure to determine and disburse tax increment. {1) Mill rates of taxing bodies

10 for taxes levied after the effective date of the tax increment provision &1-,alt must be calculated on the basis

11 of the sum of the taxable value, as shown by the last equalized assessment roll, of all taxable property

12 located outside the urban renewal area or industrial district and the base taxable value of all taxable

1 3 property located within the urban renewal area or industrial district. The mill rate GG determined &hall must

14 be levied against the sum of the actual taxable value of all taxable property located within as well as

15 outside the urban renewal area or industrial district.

16 {2) (al The tax increment, if any, received in each year from the levy of the combined mill rates of

1 7 all the affected taxing bodies against the incremental taxable value within the urban renewal area or

18 industrial district, except for the university system mills levied and assessed against property as defined

19 in 7 1 ii 4 292(6)(a), shall must be paid into a special fund held by the treasurer of the municipality and used

20 as provided in 7-15-4282 through 7-15-4292.

21 {b) The balance of the taxes collected in each year &hall must be paid to each of the taxing bodies

22 as otherwise provided by law."

SECTION 4. SECTION 7-15-4292, MCA, IS AMENDED TO READ:

23

24

25 "7-15-4292. Termination of tax increment financing -- exception reauctioA iA tax iAerement

26 Elistribution. ( 1) The tax increment provision st:iall torminate terminates upon the later of:

27 la) the 15th year following its adoption or, if the tax increment provision was adopted prior to

28 January 1, 1980, upon the 17th year following adoption; or

29 (b) the payment or provision for payment in full or discharge of all bonds for which the tax

30 increment has been pledged and the interest theroon on the bonds.

- 5 - HB 166


(21 Ally amoullts remaillillg in the special fund or any reserve fund after terminatioll of Hie rax

2 increment provision~ must be distributed among the various taxing bodies in proportion to their propeny

3 tax rovonuos revenue from the district.

4 (3) After termination of the tax increment provision, all taxes~ must be levied upon the actual

5 taxable vaI·.1e of the taxable property ill the urban renewal area or the industrial district alld sffill+ must be

6 paid into the funds of the respective taxing bodies.

7 (41 Bonds secured in whole or in part by a tax increment provision may not be issued after the 15th

8 anniversary of tax increment provisions adopted after January 1, 1980, and the 17th anniversary of tax

9 increment provisions adopted prior to January 1, 1980. However, if bonds secured by a tax increment

10 provision are outstanding on the applicable anniversary, additional bonds secured by the tax increment

11 provision may be issued if the final maturity date of the bonds is not later than the final maturity date of

12 any bonds then outstanding and secured by the tax increment provision.

13 i6) (al If a munisipalit',' issues l=Jonds sosurod in whole or in part sv a tax incroment f)revis1on after

14 tho 10th ,I,oar fellowing a tax insromont rirovision aeopted after Januar~· 1, 19Q0, or after tho 12th •,ear

15 folle·,1ing a tax insromont pro,•ision adopted before January 1, 19QO, it is not entitled to tho full distrib~Jtion

16 rirovidod in 20 9 ~60(21.

1 7 {b) Tho state troasuror shall roeuso tt:ie distribution to tt:io mtinisif)alitv in sash fissal yoar after the

18 lissal yoar in ¥•hi eh tho bonds roferreEI te in subsestion (eHal aro isst10d by an amount oqtial to -#le

19 insreased taJ(ablo value of the projeet riroiierty FRultipliod 13y the total nui:nber of mills levied arn:l assessed

20 for sshool district 13urposos against tho 13roportit in tho previous calendar ~•ear. Tho department of FB"onuo

21 shall cortify to tho state troasuror sy ~optembor 1 of oash 'fear the inaroased tcrnaelo value of tho projoat

22 property.

23 (c) II the FAunicipalit>,< issues more than one aond series after January 1, 1991, tho distrisution to

24 tho municipalit•; as provided in 20 9 360{2) is reduaod, as dotorminoe in stibsootion (e)(b), by the sum of

25 tho amounts of eaah sonEI issue.

26 {6) i;aor the 13uriiosos of st10soction (e):

27 {al "pro1oct 13roporty" is tho •1aluo of proporw within an ursan rono•Nal area affostod by an ursan

28 rono'<'.-al project to so finansod in whole or in part from tt:ie prosoods of tho sends issued purstiant to

29 stibsection {6 I {al, aortified b't tl=io municipality to tho EloiiartITTent of ro•,·enuo at the time tho bonds aro

30 issued and identified bv a tax identification numsor. Property is affestod sy an urean renewal 13roject if tho

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2

3

4

5

6

7

8

9

10

11

12

13

14

property:

(i) is to so aoc:iuirod or iA'lproved as part of tho ursaA renewal projeot;

(ii) is tooated on property that is to so aoc:iuired or impro,,od as part of the ursan rene .. <al projeot;

(iii) is oontiguous to, or looatod on proporty oontiguous to, pro13orty referred to in susseotion I6i(a)(i)

or (6)(a)(iil, iAoluding adjaoent 13roperty separated sy a road, stream, street, or railroad; or

Ii•;) is inoluded in an agroeA'leAt setween a person and the munioipality in oonAeotion with the ursan

renewal 13rojeot for the issuanoe of the bonds ans if under the agreeA'lent, the person undertakes to d~

or redevelop the 13roperty.

(b) "inoroasod taxable value" A'leaAs tho differonoo sotwoeA tho taxaslo value ~ projeot

property for ti=1e ourreAt fisoal year and tho ta1,ablo ><aluo of tho projoot propert•f for tho fisoal ,•ear in whioh

ti=1o bonds wore issuoe."


"10-3-312. Maximum expenditure by governor -- appropriation. I 1 l (a) Whenever an emergency

15 or disaster is declared by the governor, there is statutorily appropriated to the office of the governor, as

16 provided in 17-7-502, and the governor is authorized to expend from the general fund, an amount not to

17 exceed ~ $4 million in any biennium, minus any amount appropriated pursuant to 10-3-310 in the same

18 biennium.

19 (bl Whenever an emergency or disaster due to fire is declared by the governor, there is statutorily

20 appropriated to the office of the governor, as provided in 17-7-502, and the governor is authorized to

21 expend from the general fund, an amount not to exceed $10 million in any biennium. The amount

22 appropriated in this subsection (bl may be combined with the amount appropriated in subsection (1l(a) for

23 an emergency or disaster due to fire.

24 (2l In the event of the recovery of money expended under this section, the spending authority must

25 be reinstated to a level reflecting the recovery.

26 (3) If a disaster is declared by the president of the United States, there is statutorily appropriated

2 7 to the office of the governor, as provided in 17-7-502, and the governor is authorized to expend from the

28 general fund, an amount not to exceed $500,000 during the biennium to meet the state's share of the

29 individual and family grant programs as provided in 42 U.S.C. 5178."

30

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7 - HB 166


Section 6. Section 1 0A-301, MCA, is amended to read:

2 "10-4-301 . Establishment of emergency telecommunications account. A 9-1-1 emergency


4 amount equal to 6. 91 % of the money received pursuant to 10-4-201 must be deposited in the state general

5 fund. All 1__em1!i!1i_ri_q_ money received by the department of revenue pursuarit to 10-4-201 must be paid to


7 of the account must be used for the purposes described in part 1 of this chapter. The distribution 04--tcrn,

8 9 1 1 emorgons~' tolosommunisations assount, assording to tho requirements of 10 4 d02, is statutorily

9 appropriated. Expenditures for actual and necessary expenses required for the eHicient administration of

10 the plan must be made from temporary appropriations, as dessribed in 17 7 §01 (1 I or-+2-l, made for that

11 purpose."


12

13

14 "10-4-302. Distribution of account by department. 11) The department shall make quarterly

15 distributions of the entire account beginning en April 1, 1987. The distributions must be made for the

16 following:

17 (a) aciministrative sosts incurred during tl=le f'lFBGesing salensar quarter by tl=lo department of

18 revonuo in sarrying out this chapter. The ameunt 13ais ma11 not Bl<ceeci 1 % of tho asceunt on tho dato of

19 distribution or astual mqionsos insurroEI, ','IAishe•,or is loss,

20 (b) aciministrativo costs incurroEI during tho proeoding ealondar ciuarter by tho Elopartmont in

21 sarryin§ out its duties under this ehaf;lter. Tl=le d013artment's annual recovery of sests may not oxsood 7 %

22 of tho amount oollooted by tho asoount durin§ tl=le fissal year er astual expensos insurred, whichever is loss.

23 {-Gt costs incurred during the preceding calendar quarter by each provider of telephone service in

24 the state for:

25 4H.itl collection of the fee imposed by 10-4-201;

26 WJJ2l modification of central office switching and trunking equipment for emergency telephone

27 service only; and

28 {ii++J.jj conversion of pay station telephones required by 10-4-121.

29 (2) Payments under subsection (1 ){-Gt may be made only after application by the provider to the

30 department for costs incurred in subsection (11-!Gl-. The department shall review all applications relevant to

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L, __ Division , __ "' - B - HB 166


subsection 11 )W for appropriateness of costs claimed by the provider. If the provider contests the review,


3 13) After all amounts under subsections I 1) and 12) have been paid, the balance of the account



6 service area includes more than one city or county is eligible to receive operating funds from the allocation





11 (4) If the department through its monitoring process determines that a 9-1-1 jurisdiction Is not



14 receiv13 funds until such time as the department determines that the jurisdiction is complying with the

1 5 approved plan and fund usage limitations."

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17

18

19

20

21

22

23

24

25

26

27

28

29

30


"15-1-501. Disposition of money from certain designated license and other taxes. ( 1) The state

treasurer shall deposit to the credit of the state general fund in accordance with the provisions of

subsection W@ all money received from the collection of:

(a) income taxes, interest, and penalties collected under chapter 30;

lb} except as provided in 15-31-702, all taxes, interest, and penalties collected under chapter 31:

(c) oil and natural gas production taxes allocated under 15-36-324(7)1a);

{a) foes lreffl driver's lisenses, Fflotoroyole ensorsefflonts, and du13lioate dri'<or's lisonsos as

provides in 61 e 121;

WiQl electrical energy producer's license taxes under chapter 51;

(el telephone company license taxes under chapter 53;

~ill liquor license taxes under Title 16;

{s) tole13hona ooff\13anv lieonsa tai<es c1nder 0ha13ter 63; ans

(q) fees from driver's licenses, motorcycle endorsements, and duplicate driver's licenses as

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• 9 . HB 166


provided in 61-5-121; and

2 ¼+lb)_ inheritance and estate taxes under Title 72, chapter 16.

3 i2) All money f8ceiv0d froFA the sollestion of insoFAO taxes under shapt0r 30 of this title must, in

4 assorda,ce with tho provisions of subsastion (€l), bo do13osit0d as follows:

5 la) Ql .3% of the taxes to the sr0dit of the stats general fund;

6 lb) g,7% of thu taxes to tho srndit of tho debt sorviso assount for long range building progf.affi

7 bonds as dossribod in 17 6 408; and

8 (sl all intorest and penalties to the sr0dit of tho state general fund.

9 131 ,<\II money res0i•,0d froFA tho sollostion of sorporation lisonso and insomo taxes under ohaptor

10 31 of this title, oxsopt as f;Jrovided in 16 31 702, must, in assordanse with the J3f8Visions of subsection

11 (€ii, be d0,iosit0d as follows:

12 (a) 8Q.s % of the taxes to the srodit of tho state general fund;

13 lb) 10. 6 % -of the tairns to the sredit of tho debt sar,.isa assount for long range l:luilding ,irogram

14 i3onds as dessrii3ed in 17 a 408; and

15 Isl all interest and penalties to the srodit of tho stats general fund.

1 6 +4+0 The department of revenue shall also deposit to the credit of the sta~e general fund all money

1 7 received from the collection of license taxes and fees and all net revenue and receipts from all other sources


19 16) Oil and natural gas produstion ta1I0s alloaated lclnd0r 16 3€i 324 (7)(a) must 00 d0posit0d-i-H---the

20 general fund.

21 te+Ll.l Notwithstanding any other provision of law, the distribution of tax revenue must be made




25 accepted accounting principles.

26 {--7-H.11 All refunds of taxes must be attributed to the funds in which the taxes are currently being

27 recorded. All refunds of interest and penalties must be attributed to the funds in which the interest and


29


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- 10 - HB 166


"1.5-30-153. Funding for administration of special revenue accounts spesial reveR11e asso11Rt

2 for tax sl=leskeff administration. 11) The department shall charge any special revenue account created after

3 dan11ary 1, 19Q;J, that is funded by means of an income tax checkoff the actual and necessary cost to


5 (2) In addition to the charges in subsection 11 ), the department shall charge each special revenue

6 account funded by means of an income tax checkoff the actual expenses necessary to administer the


8 (3) There are special r0von110 accounts in the state treasury for tho adFAinistration of insoFAe tax

9 shesl1offs.

10 +4t All charges collected pursuant to subsections 11) and (2) must be deposited in a tax ohookoff

11 adFAinistration aooount the state general fund.

12 (6) Tho FAonoy in a tall shoskeff adFAinistratien assount, susjost te appropriation, FAust so

13 eHpondod to aaFAinistor tho insoFAe ta11 sheskoff for 'Nhish the asoount was created."

SECTION 10. SECTION 15-35-108, MCA. IS AMENDED TO READ:

14

15

16 "15-35-108. Disposal of severance taxes. Severance taxes collected under this chapter must, in

17 accordance with the provisions of 15-1-501, be allocated as follows:

18 I 1) Fifty percent of total coal severance tax collections is allocated to the trust fund created by

19 Article IX, section 5, of the Montana constitution. The trust fund money must be deposited in the fund

20 established under 17-6-203(6) and invested by the board of investments as provided by law.

21 12) Twelve percent of coal severance tax collections is allocated to the long-range building program

22 account established in 17-7-205.

23 13) The amount of 8.36% must be credited to an account in the state special revenue fund to be

24 allocated by the legislature for local impacts, county land planning, provision of basic library services for

25 the residents of all counties through library federations and for payment of the costs of participating in

26 regional and national networking, conservation districts, and the Montana Growth Through Agriculture Act.

27 Expenditures of the allocation may be made only from this account. Money may not be transferred from

28 this account to another account other than the general fund. Any cash balance that is unspent at the end

29 of each fiscal year must be deposited in the general fund.

30 (4) The amount of 1.27% must be allocated to a nonexpendable trust fund for the purpose of parks

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- 11 - HB 166

55th Legislature H80166 02

acquisition or management. Income from this trust fund must be appropriated for the acquisition,

2 development, operation, and maintenance of any sites and areas described in 23-1-102.

3 15) The amount of 0.95% must be allocated to the debt service fund type to the credit of the

4 renewable resource loan debt service fund.

5 (6) The amount of 0.63% must be allocated to a nonexpendable trust fund for the purpose of

6 protection of works of art in the state capitol and for other cultural and aesthetic projects. Income from this

7 trust fund must be appropriated for protection of works of art in the state capitol and other cultural and

8 aesthetic projects.

9 17) All other revenue from severance taxes collected under the provisions of this chapter must be

10 credited to the general fund of the state."

11


13 "15-36-324. Distribution of taxes. (1) For each calendar quarter, the department of revenue shall

14 determine the amount of tax, late payment interest, and penalty collected under this part. For purposes of

1 5 distribution of the taxes to county and school taxing units, the department shall determine the amount of



18 (2) Except as provided in subsections (31 and (4), oil production taxes must be distributed as

19 follows:

20 (a) The amount equal to 41.6% of the oil production taxes, including late payment interest and


22 lb) The remaining 58,4% of the oil production taxes, plus accumulated interest earned on the

23 amount allocated under this subsection (2)(b), must be deposited in tho a§onsv state special revenue fund


25 subsection (81.


27 penalty, collected from working interest owners on production from post-1985 wells occurring during the

28 first 12 months of production must be distributed as provided in subsection 17).

29 14) The amount equal to 100% of the oil production taxes, including late payment interest and


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- 12 - HB 166


1 production from horizontally recompleted wells occurring during the first 18 months of production must be

2 distributed as provided in subsection (7).


4 (a) The amount equal to 14.6% of the natural gas production taxes, including late payment interest

5 and penalty, collected under this part must be distributed as provided in subsection I 7).


7 the amount allocated under this subsection (5)(b), must be deposited in the agensy state special revenue

8 fund in the state treasury and transferred to the county and school taxing units for distribution as provided


10 16) The amount equal to 100% of the natural gas production taxes, including late payment interest


12 occurring during .the first 12 months of production must be distributed as provided in subsection 17).

13 17) The department shall, in accordance with the provisions of 15-1-501 +6}, distribute the state


15 follows:

16 la) 85% to the state general fund;

17 (b) 4.3% to the state special revenue fund for the purpose of paying expenses of the board as


19 le) 10.7% to be distributed as provided by 15-38-106(2).

20 18) la) For the purpose of distribution of the oil and natural gas production taxes from pre-1985





25 production taxes from pre-1985 wells for the quarter for which the distribution occurs. The amount of oil


27 Ii) By the dates referred to in subsection 19), the department shall calculate and distribute to each


29 determined by multiplying the unit value, as adjusted in this subsection (8)(a), by the units of production


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- 1 3 - HB 166


which the distribution occurs.

2 (ii) Any amount by which the total tax liability exceeds or is less than the total d1str1but1ons

3 determined in subsection (8){a) must be calculated and distributed in the following manner:

4 IA) The excess amount or shortage must be divided by the total distribution determined for that


6 IB) The excess percentage must be multiplied by the distribution to each taxing unit, and this




10 (bl Except as provided in subsection (8)(cl, the county treasurer shall distribute the money





1 5 (cl The board of county commissioners of a county may direct the county treasurer to reallocate


1 7 provided in subsection (8I(bl, to another taxing unit or taxing units, other than an elementary school or high


19 Iii The county treasurer shall first allocate the oil and natural gas production taxes to the taxing



22 Iii) If the allocation in subsection (8I(c)(i) exceeds the total budget for a taxing unit, the


24 (dl The board of trustees of an elementary or high school district may reallocate the oil and natural


26 (i) The district shall first allocate the oil and natural gas production taxes to the budgeted funds


28 fiscal year 1990.

29 (ii) If the allocation under subsection (8)(dl(il exceeds the total budget for a fund, the trustees may


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'...., Division - 14 - HB 166


(el For all production from post-1985 wells and horizontally drilled wells completed after December



4 by the levies for state, county, and school district purposes in the same manner as property taxes were


6 (fl The allocation to the county in subsection (8)(e) must be distributed by the county treasurer in



9 lg) The money distributed in subsection (8)(e) that is required for the county mill levies for school

10 district retirement obligations and transportation schedules must be deposited to the funds established for

11 these purposes.

12 (h) The oil and natural gas production taxes distributed under subsection (8)Ibl that are required




16 Ii) The oil and natural gas production taxes distributed under subsection (8)(e) that are required for





21 the amounts determined in subsections (8)Ih) and (8)Ii) is for the exclusive use and benefit of the county

22 and schpol taxing units.

23 19) The department shall remit the amounts to be distributed in subsection 18) to the county


25 la) On or before August 1 of each year, the department shall remit to the county treasurer oil and


27 lb) On or before November 1 of each year, the department shall remit to the county treasurer oil


29 year.

30 le) On or before February 1 of each year, the department shall remit to the county treasurer oil and

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- 15 - HB 166


natural gas production tax payments received for the calendar quarter ending September 30 of the previous

2 year.

3 (di On or before May 1 of each year, the department shall remit to the county treasurer oil and


5 calendar year.

6 ( 101 The department shall provide to each county by May 31 of each year the amount of gross





10

1 1

12 "15-38-106. Payment of tax -- records -- collection of taxes -- refunds. ( 1 I The tax imposed by




16 department.

17 ( 21 The department shall, in accordance with the provisions of 15-1-501 +el-, deposit the proceeds


19 (al 14.1 % of the proceeds must be deposited in the ground water assessment account established

20 by 85-2-905;

21 lb) 1 0 % of the proceeds must be deposited in the renewable resource grant and loan program state






27 hours.

28 14) The department shall examine the statement and compute the taxes to be imposed, and the



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- 16 - HB 166


department within 30 days after written notice of the amount of deficiency is mailed by the department to

2 the taxpayer. If the tax imposed is less than the amount paid, the difference must be applied as a tax credit


4

Se&tioR 10. aostion Hi e6 121, MCA, is amondod to road: 5

6 "16 i6 121. CistrilrntioR Ce11osit of tall preseoEls 9eneral fund loan authority. ( 1 \ The prosoods

7 of tho ta1, imposod by 16 ee 111 must, in assordanse •1,iith tho pra>«isions of 16 1 601, bo deposited in an

8 assount in the state sposial rovenue general fund to the sredit of tho department of ro>«onue. Tho

9 department of ro>«onuo may spend from that asoount aay tho 0x11ens0s of sollosting tho tax in aosordanoe

10 with an expondituro appropriation by tho legislature based on an estimate of tho sosts of oollosting and

11 disbursing tho prosoods of tho tax. Botero allosating tho balanoo of tho tax proooods in assordanso with

12 the provisions of 16 1 601 and as pro 1,idod in subsostions (1 )(a) through (ll(o) of this seotion, the

13 department shall determine tho 011penditures by stato B!J011Gies for in state lod§ing for eash roportin!J period

14 and doduot 4 % of that amo1arnt from the tax 13reooeds resoived oaoh ro13ortin!J 130riod. Tho amount deducted

15 must bo deposited in tho general fund. Tho balanso of tho tall proseoas rosoi\•od eash reporting period and

16 net deduotad pursuant to tho 0x13endituro appropriation or dapositod in tho gonaral fund is statutorily

17 ap13ro13riated, as provides in 17 7 602, ans must ba transforred to an aosount in tho state sposial rovenue

18 fund to tho sredit of tho E1013artm0nt of oomffierse for taurisffi promotion anEI promotion of the state as a

19 losation far the woduotion of motion 13ioturos anEI tolovision oommorsials, to the Montana historical sosist1•,

20 to the uni,,ersity system, anEI ta the department of fish, ,,..,ildlife, and parks, as follows:

21 la) 1 % to the Montana historisal s0siet1• to be used /or tho installation or maintenance of roadsiele

22 histarisal si9ns and historic sites;

23 Is) ::?, 6 % ts the uni'<aFSity s•1stsm far the establishment and maintenanse of a Montana tra>«ol

24 research '3rogram;

25 Is) e.6% to the Elopartment of fish, ,,.,ildlifa, and parks for the maintonanoo of faoilitias in state

26 '3arks that ha110 bath resielent and nonresielent use;

27 (d) e7 6% t0 be useEI dirostly by tho Elopartmont of sommarse; and

28 (01 (i) ,msept as wa•,iided in subsestion (1 )(e)(ii), 22.ii% to be distril:iutod b•t the Elapartment to

29 regional nonprofit tourism sorporatians in tho ratio of the praseods sollestod in aash tourism region to the

30 total 13roseods solleoteEI statewide; and

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- 17 - HB 166


Iii) if 22. e % of the prooeeds eolleoted ann1,1allv within the limits of a oity or consolidatoa oity count¥

2 excoods $30,000, §0% of tho amo1,1nt available fer distris1,1tion to the regional nonprofit teurism oomorat1on

3 in the region whero tho sit~' or consolidated sit>y< so1,1nty is 1,osated, to bo di,stris1,1tod to tho nonprofit

4 oon·,ontion and visitors bureau in that oity or oonsolidated city oounty.

5 (2) If a oity or oonsolidatod oity eount>y' qualifies 1,1nd0r this section for funds but fails to ei•hor

6 rooogni2e a ;1onprofit oonvention and visitors burea1,1 or s1,1smit and gain approval for an annual marketing

7 plan as required in 10 60 122, then those f1,1nds Alust be allecatad to tho reg~

8 corporation in tho ro§ion in which tho sit•( or consolidated oil',' sounty is looatod.

9 131 If a regional nonprofit tourism corporation fails to submit and gain appro·,al for an annual

1 0 marketing plan as ret11,1ired in 1 s 60 122, then those funds otherwise allocated to tho regianal nonprofit

11 tourism corporation may bo used by the department sf sommsroo for to1,1rism promotion and promotion of

12 tho state as a losation for tho production of motion pictures and tele~•ision comrnersials."

13

14 Section 13. Section 15-70- 125, MCA, is amended to read:



17 Justice's court, must, in accordance with the provisions of 15-1-501 AA, be placed in the highway


19

20

21

22

23

24

25

26

27


"16-1-306. Revenue to be paid to state treasurer. Except as provided in 16-1-404, 16-1405,

1 e 1 108, 16 1 1 +-0, 16-1-406, and 16-1-411, all fees, charges, taxes, and revenue collected by or under

authority of the department must, in accordance with the provisions of 15-1-501, be deposited to the credit



"16-1-404. License tax on liquor -- amount -- distribution of proceeds. ( 1) The department shall

28 collect at the time of sale and delivery of any liquor under any provisions of the laws of the state of


30 (al 10% of the retail selling price on all liquor sold and delivered in the state by a company that

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manufactured, distilled, rectified, bottled, or processed, and that sold more than 200,000 proof gallons of


3 (b) 8.6% of the retail selling price on all liquor sold and delivered in the state by a company that



6 12) The license tax must be charged and collected on all liquor brought into the state and taxed by




10 amount of the license tax received. Thirty porsoRt of this The revenue is statutorily appropriated, as


12 disbursed as follows:

13 (a) Thirty percent is allocated to the counties according to the amount of liquor purchased in each


15 J.hl Pour and one-half percent of this rovoRuo is statutorily appropriatod, as provided iR 17 7 502,

16 aRs FflUSt, iR asoordaRGo ,,..,ith the provisions of 15 1 501, so allocated to the counties according to the


18 l£l Tho remainiRg rovonuo Sixty-five and one-half percent must, in aosordanse with tho provisioRs

19 of 15 1 ii01, be deposited in the state special revenue fund to the credit of the department of public health



22 necessary to apportion that proportion of license tax so generated to the county where the licensed

23 establishment is located, for use as provided in 16-1-405. That preportioR of the lioaRso taJ< is statutorily

24 apf>ropriatod, as f>FO><isod iR 17 7 602, to tho The department, whioh shall pay quarterly to each county

25 treasurer the proportion of the license tax due each county, in accordance with the provisions of 15-1-501,


27 13) The license tax proceeds allocated to the county under subsection (2) for use by cities and




- 19 - HB 166

5 5th Legislature HBO166.O2

and towns of the county.

2 141 The license tax proceeds that are allocated to the department of public health and human

3 services for the treatment, rehabilitation, and prevention of alcoholism must be credited quarterly to the

4 department of public health and human services. The legiilature may appropriate a portion of the license

5 tux proceeds to support alcohol programs. The remainder must be distributed as provided in 53-24-206."

6


8 "16-1-406. ~ Taxes on beer. ill A tax of~ $4.30 per barrel of 31 gallons is horoby lo,.,iod

9 ~ imposed on each and ov0P( barrel of beer sold in Montana by aRy ,!! wholesalerc, whish -6ilffi The tax

1 O shall be~ due at the end of each month from s;,i4 the wholesaler upon any sush beer w sold by flim the

11 wholesaler during that month. As to any The department shall compute the tax due on beer sold in

12 containers other than barrels or in barrels of more or less capacity than 31 gallons, the quantity sentont

13 shall bo assortainod and oomputod by tho department in determining tho amoi;nt of tax di;a.


15 subsection 11), an amount equal to:

16 la) $1 must be deposited in the state treasury to the credit of the department of public health and


18 lb) 50 cents must be deposited in the state general fund; and



21 j3) (al The money in the incorporated cities and towns beer tax account 1s statutorily appropriated,

22 as provided in 17- 7 502, to the department, which shall, monthly, distribute this amount of money to the

23 incorporated cities and towns in the direct proportion that tho population of each city and town bears to





28 a city or town disincorporates, it may not receive any funds under this section and the amount previously


30 received by cities and towns under this section must be expended for state purposes, such as law

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enforcement, maintenance of the transportation system, and public health.

2 lb) The department may adjust population estimates only on the July 1 following the date of




5

6

7 "16-1-409. Failure to make beer tax returns -- penalties. ( 1) If .!f'\¥ 2 brewer or wholesaler subject

8 to the payment of the tax provided for in 16-1-406 and 1 e 1 408 fails, neglects, or refuses to make any

9 return required by this code or fails to make payment of the tax within the time fl6feifl provided in this part,

1 O the department shall, after w6l=l the time has expired, 13r0seed te iF1feFR1 itself as best it may ra!Jardin!J tho

11 matters anci thiA!JS re€j1;ir0d to be set forth in s1;sh ret1;rn and, from s1;sh information as it may be ablo te

12 obtaiR, to A1ake a staten,ent showin!J s1;sh matters and thin!Js and determine and fix the amount of tax due



15 ill 5% for the first failure, willf1;I F10glest, or ref1;sal;

16 ill 10% for the second failure;

17 l.l;l 1 5 % for the third failure; and

18 lQ.J. 25 % for the fourth and each subsequent failure, ne!Jlest, er refusal.

19 13) The penalty provided for in subsection (2) is in addition to the 5% penalty provided for


21 (41 The tax and penalties bear interest at the rate of 1 % per month from the date returns should

22 have been made and the tax paid.


24 of the department, it is the duty of the attorney general to commence and prosecute to final determinatien




28 lien has precedence over any other claim, lien, or demand thereafter filed or recorded after the warrant is

29 issued.

30 (7) W& An action &flail may not be maintained to enjoin the collection of the tax or any part thereof

ilegis/atl-.e \Sen,ices \_!?fvision

- 21 - HB 166


of the tax.

2 (8) Any tax owed by a brewer or wholesaler under this code not paid within the time provided &4a+l

3 be lli delinquent, and a penalty of 5% &HaU must be added thereto to the tax. The tax and penalty bear

4 interest at the rate of 1 % per month from the date of delinquency until paid. Aw,, 6. brewer or wholesaler

5 who fails, 11eglects, or refuses to make the return to the department provided for in 16-3-211 or 16-3-231



8 in an amount not exceeding $1,000."


9

10

11 "16-11-119. Disposition of taxes FetiFemeRt ef beRds. (1) The amount of 11.11% of the

12 cigarstte tax collected under the 13re11 isiens ef 16 11 111 on each 13askage ef sigarettos must be depesitod

13 in the state s13esial ro•mnue fund te the sredit of the department ef 13uelis health and human services fer

14 the s13eration and maintenanse of state "eterans' nursin!l hORles. (1) THE AMOUNT OF 11.11 % OF THE

15 CIGARETTE TAX COLLECTED UNDER THE PROVISIONS OF 16-11-111 ON EACH PACKAGE OF

16 CIGARETTES MUST BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE CREDIT OF THE

17 DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES FOR THE OPERATION AND MAINTENANCE

18 OF STA TE VETERANS' NURSING HOMES.

19 R+Jll All remaining REMAINING revenue collected under the provisions of 16-11-111. loss the

20 eJ(pansa of sollactin§ the taxes, must, in accordance with the provisions of 1 5-1-501, be deposited as

21 follows:

22 ~ 79. 7s % 82.17% in the ~an!Je euileliR!l program state general fund in the elel:Jt servioe

23 fund type; and

24 tbJ.ffi@l 20.2s % 17.83% in the long-range building program account provided for in 17-7-205."

25


2 7 "16-11-206. Wholesaler's discount -- disposition of taxes. The taxes specified in this part that are



30 deposited by the department in the len§ ran!je buildinti f'IFO!Jram debt ser>,iee state general fund. Refunds

, legislative '-..Services "\_f!_jvjsion

- 22 - HB 166

55th Legislature HB0166,02

of the tax paid must be made as provided in 15-1-503 in cases in which the tobacco products purchased


3


5 "17-1-508. Review of statutory appropriations. ( 1) Each interim, the legislative finance committee


7 exempted under subsection (6) of this section and shall review the 6fitefia guidelines set forth in subsection

8 (4) to eliminate statutory appropriations that no longer fulfill a legislative need and to erisure that legislative


10 (2) Each biennium, the office of budget and program planning ami tho lo§islativo fissal analyst !;hall,

11 in development and anal'tsis of the executive budget, identify instances in which statutory appropriations

12 in current law do not appear consistent with the 6fi-tM-ia guidelines set forth in subsection (41.

1 3 (3) As part of each agency audit, the legislative auditor shall review statutory appropriations to the

14 agency and report instances in which they do not appear consistent with the oritoria guidelines set forth

15 in subsection 14),


17 the requirements of 17 1 13013 17-7-501. A statutory appropriation from a continuing and reliable source


19

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26

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appropriations, the legislature shall consider the following guidelines. A statutory appropriation may be

considered appropriate if:

la) the fund or use requires an appropriation;

lb! the money is not from a continuing, reliable, and estimable source;

le) the use of the appropriation or the expenditure occurrence is not predictable and reliable;

(d) the authority does not exist elsewhere;

le} an alternative appropriation method is not available, practical, or effective;

{fl other than for emergency purposes, it does not appropriate money from the state general fund;

{g) the money is dedicated for a specific use;

(hi the legislature wishes the activity to be funded on a continual basis; and


(51 The office of budget and program planning shall prepare a fiscal note for each piece of

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- 23 - HB 166


2

3

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legislation that proposes to create or amend a statutory appropriation. It shall, consistent with the HW+SW

provisions guidelines i11 this section, review each~ of these pieces of legrslatio11 ticlat proposos to €lfBata

or amend a statutory appropriation. Its findings concerning the statutory appropriation must be contained


(6i The legislative finance committee shall establish pfocedures to facilitate a biennial review and

6 evaluation of statutory appropriations. If the review determines that continual review of a statutory

7 appropriation is not necessary, the statutory appropriation may be exempt from future review."


8

9


11 WBf! long-range building program bonds 6flali must be issued by the board upon request of the department,

12 in WGf\ denominations and form, whether payable to bearer or registered as to principal or both principal

13 and interest, with WGf\ provisions for conversion or exchange and for the issuance of notes in anticipation

14 of the execution and delivery of definitive bonds, bearing interest at WBfl the rate or rates, maturing at WGf\

15 times not exceeding 30 years from date of issue, subject to redemption at 6tffifl earlier times and prices and

16 upon &Hg\ notice, and payable at the office of WGf\ the fiscal agency of the state as the board shall

17 determine, subJect to the limitations contained in this sestien ans 17-5-402 and this section.

18 121 In the issuance of each series of WGf\ bonds, the amount, maturities, and interest rate~ thereof

19 Sflall must be fixed in &Hg\~ manner that the maximum amount of principal and interest to become due in

20 any subsequent fiscal year on all WGf\ outstanding bonds then outstanain,i and on the series s., to be

21 issued will not exceed 50% of the average annual amount collected during the 3 then next preceding fiscal

22 years from the ~ taxes pledged by law to the debt service account at the time of &Hg\ issuance,0

23 except that this This provision 6flali may not constitute a covenant of the state for the security of the bonds


25 subsection in any manner after all bonds issued prior to that date and the interest thereen have on the

26 bonds have been fully paid or the state's liability thereen has been otherwise fully discharged.

27 13) In all other respects, the board is authorized to prescribe the form and terms of the bonds and

28 shall do whatever is lawful and necessary for their issuance and payment.~ The bonds and anv interest

29 coupons appurtenant therete shall to the bonds must be signed by the members of the board, and the

30 bonds~ must be issued under the great seal of the state of Montana. The bonds and coupons may be

i LegJ'slat; ...,e \,Services \_!Jj...,ision

- 24 - HB 166


executed with facsimile signatures and seal in the manner and subject to the limitations prescribed by law.

2 The state treasurer shall keep a record of all 6tl6f\ long-range building bonds issued and sold.

3 14) The board i\; hereev authsrizsd ts may employ a fiscal agent to assist in the performance of

4 its duties h0ro1cJnd0r under this part.

5 15) All proceeds of bonds issued l=loro1cJndor sl=lall under this part must be deposited in the capital

6 projects fund, except that any premiums and accrued interest received~ must be deposited in the debt

7 service account."

8


1 O "17-5-404. Use of capital projects fund. The capital projects fund~ must be segregated by the


12 of tht'I long-range building program. The department may transfer all msnsy a1cJtheri20d bv the l0§iclatur0

13 far its administratii.<0 0i<p0nditur0s from the capital projects fund to a special revenue fund, and fer s1cJsl=l

14 plclrpeses the mensv is stat1cJterilv appr013riat0d as 13ret,eie0e in 17 7 a~ the amount appropriated by the



16

17

18 "17-5-405. Debt service account. I 1) i;;rem and after tho plsd§e and apprepriatien of any spooial

19 tax to the elebt cer\•ioo asoo1cJnt, as provided anel oentemplated in this sestien, 17 a 407, and 17 6 408,

20 sush tai< shall oentin1cJ0 in forse ans shall so a•,ailaslo and shall so 13loe§od and apprepriatoe for the

21 pavmont ef Ian§ ran§B lirnildin!J pre§ram sends, and all menevs raseii.<ee frem tho oellestien thereat shall

22 be do130cit0El b'f the treac1cJr0r ta the oredit ef tho debt GBP;ioe aosolclnt.

23 (2l ~Je spssial ta1(0s f;lled§ed to tho dest ser\•ise aooount on January 1, 1973, sl=lal' ea dicsontinued

24 or diverted te other f1cJnEls until all sends issued 13ursuant to this l'lart 13rior te that sate and tho interest

25 thereon hai.<0 been fullv 13aid er tho state's liabilitv th0r00n has been f1cJII',• disshar§oEl, Bi<GOf;lt to the extent,

26 if any, that tho right co to de has soon F06Dr'rad in the resolutions a1cJthorizing tho iss1cJansa of cush bonds.

27 ~31 Subjoot to ti:10 proi.<isiens of suesestions (1) and (2), tho state rosoP10s tho ri§ht to medifv from

28 time ts time tho nature anel amo1cJnt sf spesial ta1,os to eo do('lositod to tl=io srodit of tho Elobt ser\'iGe

29 asseunt.

30 Will Money in the debt service account &l=laU must be used:

\ legisl_ative ._,Services "•._!!ivision

- 25 - HB 166


lfil first, to pay interest and principal when due on long-range building program bonds;

2 iliJ. second, to accumulate a reserve in the amount required eele-w in subsection i 1 }ic)_, for the

3 further security of wGlc! the payments; and

4 _{jj third, to maintain~ the reserve in an amount at least equal, after each interest and principal

5 payment, to the maximum amount of interest and principal whlGl=I that will become due on all 6tlBfl bonds

6 WHiBR that are~ outstanding in any subsequent fiscal year.

7 ~ill Money at any time received in the debt service account in excess of the principal, interest,

8 and reserve requirements stated in subsection t4+ ill 64all must be transferred by the treasurer to the

9 general fund. If the balance at any time on hand in the debt service account is not sufficient for compliance

1 O with subsection t4+ ill, the treasurer shall credit to &aiEI the debt service account an amount sufficient to

11 restore &aiEI the balance from the Aeict oalleotioAs of the speoial taxes appropriated to said aGcouAt and from

12 an~• othor GollestioAs et taxes appropriates to tho general fund, not exoeodini:i tho 3!:J§lro§late amount

13 therotoforo transforros tram tho debt sarviGe aGoount to the §!Oneral fund."

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

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"17-5-408. Porsontago ef inoemo, 00Fp0Fati0n lioenso, and Gi§JaFotto tax pledges Pledge of money

to comply with principal, interest, and reserve requirements. ( 1) {al- The state pledges and appropriates and

directs to be credited as received to the debt service account money reseived from the oollestion of thB

indiuisual insome tax ans, exoapt as provided in 16 31 702, monev roeeivod from the oellestion of tho

oorporation lisonso and insoFRo tax, as pro·,idod in 1 ii 1 001, as ma·; at an~• time bo needed to comply with

the principal and interest and reserve req~irements stated in 17-5-405t4+ill.

fBl-12.l The pledge and appropriation made by this section ai:e .!§ a first and prior charge upon all

money received from the collection of tho on1,1morates taxes.

12) ~xoopt tor tho aFRe1,1nt oresitoel to tho veterans' heme FRaintonanso ans improvement aooount

unser 16 11 119, tho state plesges ans apprepriates ans dirests to bo sresitos to tho sebt sorvioo aosount

79.76% ef all remaining money reseivod froFR the sollestion af the ei1siso tax on sigarottos that is levios,

impeses, ans assessed by 16 11 111, The state alse ploelges anel a,apropriates ans airosts to bo sresites

as reseived to tho debt serviso aooount all mono•( rosoives fraFR tho selleotion af tho taxes on other tebaooo

produsts that are or may tie imposes for that p1,1rpeso, insl1,1sin§J tho tax iFRpasea tiv 16 11 202. This

sestian eloos not iFRpair er otherwise affest tho pro 11 isions ans savenants soAtaines in t~e resolutions

, Legislative \Services

(,,_-._!!_ivision - 26 - HB 166


2

3

4

5

6

authorizing tho presently outstandin!J IOA!J range buildin!J pro!)raFA l:Jonds. S.il:Jjost to tho provisions of tho

weeeaiRg sentonso, tho ploage and appropriatioR FAade l:J,,, this sostion aro a first ana prior ohargo upon all

mono•,· rseeivod froFA tho oollootion of all ta><os roforroa to in this sul:Jsoetion."


"17-5-804. Use of capital projects account. The capital projects account must be segregated by

7 the treasurer from all other money in that or any other account in the state treasury and used only to pay



1 O the capital projects account to a special revenue fund, and for s1c1oh purposes tho FAoney is ctatutoril','

11 appropriates as provided iR 17 7 e02."

12


14 "17-6-201. Unified investment program -- general provisions. ( 1) The unified investment program







21 (bl diversify the holdings of each fund within the unified investment program to minimize the risk


23 so; and

24 (cl discharge the duties solely in the interest of and for the benefit of the funds forming the unified



27 investment may not be made at any time that would cause the book value of the investments in any


29 corporation to exceed 2 % of the book value of the retirement fund.

30 {bl Other public funds may not be invested in private corporate capital stock. "Private corporate

1Legislalive \Services \f!jvision

- 27 - HB 166


capital stock" means only the common stock of a corporation.

2 (31 (al This section does not prevent investment in any business activity in Montana, including

3 activities that continue existing jobs or create new jobs In Montana.

4 ib) The board is urged under the prudent expert principle to invest up to 3% of retiremem funds

5 1n venture capital companies. Whenever possible, preference should be given to investments in those

6 venture capital companies that demonstrate an interest in making investments in Montana.

7 (cl In discharging its duties, the board shall consider the preservation of purchasing power of


9 Id) The board may not make a direct loan to an individual borrower. The purchase of a loan or a

1 0 portion of a loan originated by a financial institution is not considered a direct loan.

11 (41 The board has the primary authority to invest state funds. Another agency may not invest state



14 its general supervision.

15 (5) The board shall:

16 (a) assist agencies with public money to determine if, when, and how much surplus cash is

1 7 available for investment;

18 (bl determine the amount of surplus treasury cash to be invested;

19 (cl determine the type of investment to be made;




23 (6) The board may:



26 property;

27 (bl direct the withdrawal of any funds deposited by or for the state treasurer pursuant to 17-6-101

28 and 17-6-105;

29 (cl direct the sale of any securities in the program at their full and true value when found necessary


'\Legisl_ative Sen,ces

\\pjvision - 28 - HB 166


{d) expend funds needed to cover costs of necessary repairs to property owned by the board as

2 an investment. The exfleRdiH,irs6 may be R'lade direstly by the beard aREl ara 6tatuterily BflflFBflriated, a6

3 proo;ieee iR 17 7 ii02, Repairs that cost in excess of $2,500 must be bid, and the bip must be awarded in



6 (7) The cost of administering and accounting for each investment fund must be deducted from the


8 18) At the beginning of each fiscal year, the board shall, from the appropriate fund, reimburse the


10 are not covered by payback funds available from the account established in 90-3-305."

11





16 (2) Except as provided in subsection (41, to be effective, a statutory appropriation must comply


18 {al The law containing the statutory authority must be listed in subsection (3).

19 lb) The law or portion of the law making a statutory appropriation must specifically state that a



22 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-31O;10-3-312; 10-3-314; 10 4 301; 15-1-111; 15-23-706;

23 1 5-30-195; 1 5-31-702; 1 5-3 7-11 7; 1 5-38-202; 1 6 6 6 1 21 ; 1 5-65-1 21 ; 1 5-70-101 ; 1 6-1-404; 1 6-1-406·

24 16 1 410; 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17 ii 404; 17 ii 424; 17 e 804; 17-6-101;

25 17 6 201; 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513;

26 19-18-606; 1 Q 1 Q 20ii; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20 Q 361; 20-26-1503; 23-5-136;

27 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32 1 637; 37-43-204;

28 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623;

29 60 6 232; 60 40 206; 63 6 160; 53-6-703; 53-24-206; 60 2 220; 67-3-205; 75-1-1101; 7l'i l'i 11 Oil;

30 76 6 214; 75-5-1108; 75-6-214; 75-11-313; 76 12 123; 80-2-103; 80-2-222; 80-4-416; 81-5-111;

I ·iegis/ativl! \Services \!!jvision

- 29 - HB 166


82 11 13e; 82-11-161; Be 1 220; 85-20-402; QO 3 301; 90-4-215; 90-6-331; QO 7 220; QO 7 221; and

2 90-9-306.

3 (41 There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing,

4 paying, and securing all bonds, notes, or other obligations, as due, that have been ·authorized and issued


6 Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 1 7-2-1 07, as

7 determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the



10 supplemental benefit; and pursuant to sec. 7(21, Ch. 29, L. 1995, the inclusion of 15-30-195 terminates

11 July 1, 2001.)"

12


14 "17-7-502. Statutory appropriations -- definition •· requisites for validity. ( 1) A statutory



17 (2) Except as provided in subsection (41, to be effective, a statutory appropriation must comply


19 la) The law containing the statutory authority must be listed in subsection (3).



22 13) The following laws are the only laws containing statutory appropriations: 2-9-202; 2-17-105;

23 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 1 e 1 111; 15-23-706;

24 15-30-195; 15-31-102; 15-31-111; 15-38-202: 1e et:i 121; 15-65-121; 15-70-101; 16-1-404; 16-1-410;

25 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-5-404; 17-5-424; 17-5-804; 17-6-101; 17-6-201;

26 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606;

27 19-19-205; 19-19-305; 19-19-506; 20-8-107; 20 ii 111; 20-9-361; 20-26-1 503; 23-5-136; 23-5-306;

28 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501;

29 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623; 50-5-232:

30 50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214;

- 30 - HB 166


75-5-1108; 75-6-214; 75-11-313; 70 1212d; 77-1-505; 80-2-103; 80-2-222; 80-4-416; 81-5-111;

2 82-11-136; 82-11-161; 85-1-220; 85-20-402; 90-3-301; 90-4-215; 90-6-331; 90-7-220; 90- 7-221; and

3 90-9-306.




7 Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 1 7-2-1 07, as


9 bonds or notes have statutory appropriation authority for the payments. I In subsection (3): pursuant to sec.



12 July1,2001.)"

13



16 the department of administration before October 1 of each odd-numbered year all information requested


18 valuation~ must consider the actuarial soundness of the police retirement fund for the 2 preceding fiscal

19 years.

20 (2) The valuation i&-w must be prepared by a qualified actuary selected by the department. A


22 the pepartment to have similar standards.

23 13) In each fiscal year in which an actuarial valuation is prepared, the department shall submit to

24 the state auditor treasurer a request for payment of the expense incurred in securing the actuarial valuation.

25 The expense may not exceed $6,000 in any fiscal year. The state auditor treasurer shall make payment to

26 the actuary designated in the request. n10 13a1, 1FR0At is statut0Fil 1,1 a13,-ropriatea as pro 11iaea in 17 7 ii 02."

27

28

29


"20-3-108. Division of resources and assessment assauAt funds. Ti=lere is a reseurses aAa

30 assessmeAt assaunt in the state spesial revsAue funEi. Funds derived from the sale of educational materials

( legislative )Servias -\_!!j•ision

- 31 - HB 166


2

3

4

5

6

7

or services provided by the division of resources and assessment 6flaU must be deposited in the rsss,ircos

and assessment aecsunt state general fund. In adElition to other availa/3/o funEls, tho su13erintenElont of

13ul3Iie inetruotion shall use those funds for tl:10 013oration and maintenaneo at the Eli~·isien of rosoureos ans

assessment as authorized 13y 20 3 1 Oe."


"20-8-111. Duty of board of public education as to property of school. The board of public

8 education has a statutePf a1313ro1Hiation, as JJIBViEloEI in 17 7 1302, and shall, either directly or through a

9 contract with a nonprofit corporation, receive, hold, manage, use, and dispose of real and personal property

1 O maEls o,·sr transferred to ~ the board or to the state of Montana by purchase, gift, devise, or bequest.

11 or otherwise acquired and the proceeds, interest, and income thereof of the property for the use and benefit

12 of sai4 the school for the deaf and blind. All donations, gifts, devises, or grants made 13efore, on, or after

13 Oetol3or 1, 1983, to ths sehool shall vest in the board or its designee, as trustee for the state of Montana,

14 for the use and benefit of the school and its students."


15

16

17 "20-9-360. State equalization aid levy. l-+t There is a levy of 40 mills imposed by the county

18 commissioners of each county on all taxable property within the state, except property for which a tax or

19 fee is required under 23-2-517, 23-2-803, 61-3-504(21, 61-3-521, 61-3-527, 61-3-537, and 67-3-204.

20 Eiwopt as provisos in sul3soetien (21, proceoss Proceeds of the levy must be remitted to the state treasurer

21 and must be deposited to the credit of the state general fund for state equalization aid to the public schools

22 of Montana.

23 12) For tho 13onefit of oash m1,1niei13ality that croateEI an url3an rono•,ya/ area and ado13teEI a ta*

24 insromont finaneing 13r0vision for the urean renewal area JJrior to Jul·( 1, 1990, tho state treasurer shall

25 distri131,1t0 oae/:i fiseal year from tho state equalization aiEI le•.<~• to the F11unisi13alit•,· the aFAotrnt, if anv, equal

26 te the 13r0Elust of the insremontal ta,rn/3/e value af t/:ie urean renewal area times the reEluseEI scheal lev•f

27 fer the area, sash calsulateEI fer the fiscal •,ear The reduces ssheel le•1y fer a fiseal vear is the differonee

28 aotwoon the aggregate aFAaunt ef all w0130rty ta1< la•,ies fer seheal 13ur130ses in the url3an rone.,..al area,

29 el!pressad in mills, in the fissal year ended June d0, 19QQ, anEI tl:le a§§regate aFAeunt of all 13ro130rtv tax

30 les•ios far ssheel 131o1rJ')ases in t/:ie area er the distriet, 0x13ressod in R"lilfs, in the fissal year, ins/1,1Elin§ tho state

\ Legisl!"ive )Services '\Ejvisiorr

- 32 - HS 166


equalization aid levy, The stato troasLJrer shall distrib1,H0 the amounts to munisipalities In two equal

2 installments on Desember 31 and June 30 ef the fissal year."


3

4

5 "20-9-361. State aAa Go1mt1• County equalization revenue statutOF'/ approI:iriation. µ+ Revenue

6 received in support of county equalization under the provisions of 20-9-331 and 20-9-333 is to be used

7 for county equalization aid for the public schools, as provided by law, and must be accounted for in

8 accordance with generally accepted accounting principles.

9 12) ~e•;enue reseivmi from the state eqLJalization aiel le>ry for a munisipality that sreateel an ursan

1 O renewal area anel ado13ted a tax insrement finansing provision for the LJrban renewal area prior to July 1,

1, 1 QQ0, is statutorilv ap13ro13riated, as 13ro..,ideel in 17 7 e02, to be distrisuted as 1cJrovided in 20 9 360121."

12


14 "32-1-537. Disposition of unclaimed funds. ( 1) The department shall certify to the state treasurer

15 a complete list of funds remaining with it that are uncalled for and that have been left with it in its official



18 shall transmit•to the state treasurer the funds, with accumulated interest on them, that it has held in trust


20 of it.

21 ( 2) The state treasurer shall deposit the funds and interest in the general fund.

22 (31 A depositor or creditor of a liquidated bank who has not been paid the amount standing to the





27 If the department approves the claim, it shall pay the claim to the depositor or creditor. The money

28 de13osit0d in tl:1e general fund pursuant to this sestion is statuterily Jt)J3ropriat0d, as tirovided in i 7 7 602,

29 to the lietiartment for the 13urtiese of paying aptiroved claims."

30

- 33 - HB 166



2 "37-43-204. Earmarked money for board expenses -- expenditure of funds from bonds. (11 Ail

3 money collected under this chapter must be deposited in the state special revenue fund and may be used

4 only for the purpose of paying expenses of the board. Except for funds received from bonds in subsection

5 (2), the money must be appropriated by the legislature before it may be expended by the board. Income

6 and interest from investment of the money in the state special revenue fund that are collected under this

7 chapter must be credited to the board.

8 (21 The board may accept and expend all funds received from bonds required by 37-43-306. The

9 funds must be used to remedy defects in water wells, to compensate for damages caused by violations of

10 this chapter or the rules of the board, or to pay any administrative costs incurred by the board under

11 37-43-309, 37-43-310, and 37-43-313. These funds, other than those to pay any administrative costs, are

12 statutorily appropriated as provided in 17-7-502."

13


15 "39-71-503. Administration of fund --appropriation. (11 The department shall administer the fund

16 and shall pay all proper benefits to injured employees of underinsured and uninsured employers.

17 (21 Surpluses and reserves may not be kept for the fund. The department shall make payments that


19 benefits takes preference over the payment of medical benefits. Lump-sum payments of future projected




23 (31 The amounts necessary for the payment of benefits from this fund are statutorily appropriated,


25


27 "39-71-531. Definition of underinsured employer. For purposes of 39-71-531 through JQ 71 s J q




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- 34 - HB 166


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has the meaning as defined in 45-2-101."

S!!ction 38. Section 39-71-533, MCA, is amended to read:

"39-71-533. Collection of payments from underinsured employer. It, upon demand of the

department, an underinsured employer refuses to make the payments due under 39-71-532, the amount

due may be collected by the department through suit. The department may settle through compromise with

the underinsured employer the amount to be collected. Amounts collected under 39-71-532 and this

section must be deposited in the account created in 39-71-502."


"39-71-2354. Use of old fund liability tax proceeds -- loans•· bonds. (1) ::i::a- Subject to

39-71-2503(21, taxes collected under 39-71-2503 may be used only to administer and pay claims for

injuries resulting from accidents that occurred before July 1, 1990, including the cost of repaying bonds

issued and loan proceeds given under 39-71-2355 and this section. If the state fund determines that, for

the next 1 or more years following the date of the determination, the tax revenue, together with funds in

the account required by 39-71-2321 for claims for injuries resulting from accidents that occurred before

July 1, 1990, will be insufficient to administer and pay those claims, the state fund may, through its board

of directors, request the budget director to certify to the board of investments that additional funding is

necessary. If the budget director agrees with the state fund's board of directors that additional funding is

necessary, the budget director shall certify to the board of investments the amount that the budget director

determines is necessary to administer and pay claims for injuries resulting from accidents that occurred

before July 1, 1990. Except as provided in subsection (2), the board of investments shall, at times and in

amounts that it considers necessary or advisable, finance the amount certified by the budget director by

giving the state fund the proceeds of a loan or a bond issue to administer and pay claims for injuries

resulting from accidents that occurred before July 1, 1990. Loans must be from reserves accumulated from

premiums paid to the state fund based upon wages payable on or after July 1, 1990. The board of

investments shall choose the method of financing that is most cost-effective for the state fund. A loan must

bear interest at the rate that the board of investments determines the money would earn If invested on

behalf of the state fund. The board of investments may also, upon request of the board of directors of the

state fund, give the state fund the proceeds of a bond issue, to be used to pay off loans made under

Cl-egislatlve rServJCl!S "\!}}vision

35 - HB 166


39-71-2355 and this section. Bonds tor the state fund must be workers' compensation bonds issued under

2 39-71-2355.


4 issued under 39- 71-2355, except bonds issued to repay loans as provided for in subsection ( 1 ), may not

5 exceed $220 million. All loan and bond proceeds given to the state fund must be repaid to the board of



7

8

9 "39-71-2503. Workers' compensation old fund liability tax. ( 1) (a) There is imposed on each

1 0 employer, except an employer whose employees are covered by federal workers' compensation legislation,


1 2 old fund liability tax provided in 39-71-2505, of the wages paid by the employer:


14 15-30-204( 1);

15 (iii for the preceding month tor employers subject to the payment schedule contained in

16 15-30-204(2); and


18 15-30-204(3)(a).

19 (b) There is imposed on each employee, except an employee who is covered by federal workers'



22 wages.

23 (c) (i) There is imposed on each business of a sole proprietor, on each subchapter S. corporation





28 (ii) The tax imposed in this subsection .ill(c) applies only to the ordinary income of a shareholder,



I Liis/alive ' . ) en,1ces ,!!jvision

- 36 - HB 166


subsection Wlc).

2 Id) A corporate officer of a subchapter S. corporation who receives wages as an employee of the



5 officer's wages.

6 le) A corporate officer of a closely held corporation who owns stock in a closely held corporation

7 that meets the stock ownership test under section 542(a)l2) of the Internal Revenue Code and receives

8 wages as an employee of the corporation is required to pay the old fund liability tax only on the wages


10 (f) +fli6 The old fund liability tax deposited in the account established in 39-71-2504 must be used


1 2 occurred before July 1, 1990. If one or more loans or bonds are outstanding, the legislature may not reduce







19 lg) Each employer shall maintain the records that the department requires concerning the old fund


21 regular business hours.

22 (h) An employee does not have any right of action against an employer for any money deducted


24 this section.







[lrghlatlv~ \Services \!!jvision

- 37 - HB 166


the old fund liability tax required by this section.

2 (2) All After depositing 1.20% THE AMOUNT APPROPRIATED TO THE DEPARTMENT OF REVENUE

3 FOR THE COLLECTION OF THE OLD FUND LIABILITY TAX in the state general fund, all remaining

4 collections of the tax must be deposited as received in the account. The tax is in addition to any other tax

5 or fee assessed against persons subject to the tax.

6 13) la) Tax payments and returns required by subsections ( 1 )(a) and 11 )lb) must be made pursuant

7 to 15-30-204. +M After depositing the portion of the tax in the state general fund, the department shall



1 O (b) Tax payments due from sole proprietors, subchapter S. corporation shareholders, partners of


12 time as the returns filed pursuant to 15-30-144 and 15-30-241. +M After depositing the portion of the tax



15 (4) An employer's officer or employee with the duty to collect, account for, and pay to the



18 15) Returns and remittances under subsection (3) and any information obtained by the department


20 to the department of labor and industry for the purpose of investigation and prevention of noncompliance,

21 tax evasion, fraud, and abuse under the unemployment insurance laws, under circumstances and conditions








29 (7) The provisions of Title 15, chapter 30, that are not in conflict with the provisions of this part


C Legisl.ative ..,Sen,,ces \_!!ivision

- 38 - HB 166


credits for overpayment, statute of limitations, penalties, estimated taxes, and department rulemaking



4 department."

5


7 "39-71-2504. Workers' compensation bond repayment account. ( 1 l There is a workers'


9 (2) AU After depositing 1.20% THE AMOUNT APPROPRIATED TO THE DEPARTMENT OF REVENUE


11 collections of the tax imposed under 39-71-2503 and the interest and penalties on the tax must, in

12 accordance with the provisions of 15-1-501, be deposited in the workers' compensation bond repayment

13 account. All money deposited in the workers' compensation bond repayment account must be retained in

14 the account to the extent necessary to pay the principal of and the redemption premium and interest due

15 on workers' compensation bonds issued under 39-71-2354 and 39-71-2355 and to establish and maintain

16 a reserve for the bonds equal to the maximum annual principal of and interest on the bonds in any future

17 year. The balance in the workers' compensation bond repayment account is statutorily appropriated, as

18 provided in 17-7-502, to the state fund to be used to reduce the unfunded liability in the state fund incurred

19 for claims for injuries resulting from accidents that occurred before July 1, 1990."


20

21

22 "49-2-510. Procedures and remedies for enforcement of housing discrimination laws. ( 1} A




26 discovered.





\ Legislative ,Services \.Ejvision

- 39 - HB 166


assess a civil penalty:

2 Ii) in an amount not exceeding $10,000 if the respondent has not been found to have committed








1 O lb) If the acts constituting the discriminatory housing practice that is the object of the complaint


12 constituting a discriminatory housing practice, the civil penalties provided in subsections I2)1a)(ii) and

13 (2)Ia)liii) may be imposed without regard to the period of time within which any prior discriminatory housing


15 (3) In the case of an order with respect to a discriminatory housing practice in violation of




19 la) send copies of the findings of fact, the conclusions of law, and the order to the licensing or


21 (b) recommend to the licensing or regulatory agency appropriate disciplinary action, including,

22 WA6ffi when appropriate, the suspension or revocation of the license of the respondent.

23 141 (al When a complaint is filed under 49-2-305, a complainant, respondent, or aggrieved person








Clegis/ativ, '\,Services \!!}vision

- 40 - HB 166


a finding that the allegations of the complaint are not supported by substantial evidence, the complainant

2 may commence a civil action in an appropriate district court in accordance with subsection (5). An



5 (b) The commission may not continue administrative proceedings on a complaint after an election

6 is made in accordance with subsection (4)(a).

7 (5) (al An aggrieved person may commence a civil action in an appropriate district court within 2



1 O of 49-2-305. The computation of the 2-year period does not include any time during which an


12 49-2-305. The tolling of the time limit for commencing a civil action does not apply to actions arising from




16 a complaint filed with the commissionL except as provided in subsection (5lldl. If the commission has





21 of a trial of a civil action commenced by the aggrieved party under this subsection 15) seeking relief with

22 respect to the same alleged violation of 49-2-305."

23 (d) An aggrieved person may not commence a civil action under this subsection (5) with respect



26 le) Upon application by a person alleging a violation of 49-2-305 in a civil action under this


28 (i) appoint an attorney for the applicant; or

29 Iii) authorize the commencement or continuation of a civil action without the payment of fees,


! Legislath>e \Services \!!,jvision

- 41 - HB 166


civil action.

2 (fl Upon timely application, the commission may intervene in a civil action brought under this


4 the commission may obtain the same relief that would be available to the commission under subsection i7I.





9 (7) (a) Whenever the commission has reasonable cause to believe that a person or group of persons

1 O is engaged in a pattern or practice in violation of 49-2-305 or that a group of persons has been





15 agreement.

16 (b) The commission may file a civil action under this subsection (7) within 18 months after the




20 (i) in an amount not exceeding $50,000 for a first violation; and

21 (ii) in an amount not exceeding $100,000 for any subsequent violation.

22 (d) Upon timely application, a person may intervene in a civil action under this subsection (7) that

23 involves an alleged v·1olation of 49-2-305 with respect to which the intervenor is an aggrieved person.

24 (8) Civil penalties under this section must be paid to the state treasurer to be deposited in ilfl

25 assount in the state s~ssial rov0n1c10 general fund to so 1c1s0s sv tl=ie sernrnission for l=iousin9 aissrirninatien

26 enforssrnent."


27

28

29 "50-5-112. Civil penalties. ( 1) A person who commits an act prohibited by 50-5-111 is subject


, Legislative \services

~\~]!/vision - 42 - HB 166


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2 of this chapter or of a rule, license provision, or order adopted or issued pursuant to part 1 or 2. The

department or, upon request of the department, the county attorney of the county in which the health care

facility in question is located may petition the court to impose the civil penalty. Venue for an action to

collect a civil penalty pursuant to this section is in the county in which the facility is located or in the first

Judicial district.

(2) In determining the amount of penalty to be assessed for an alleged violation under this section,

the court shall consider:

(a) the gravity of the violation in terms of the degree of physical or mental harm to a resident or

patient;

lli.J. the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;

aM

ifl the degree of deviation committed by the facility from a requirement imposed by part 1 or 2

of this chapter or by a rule, license provision, or order adopted or issued pursuant to part 1 or 2; and

AA@ other matters as justice may require.

(3) A penalty collected under this section must be deposited in the ~atient ~retectien acGGHAf

~revided for in 50 e 232 state general fund.

(4) In addition to or exclusive of the remedy provided in subsection ( 1), the department may pursue

remedies available for a violation, as provided for in 50-5-108, or any other remedies available to it."


21 "50-5-113. Criminal penalties. (1) A person is guilty of a criminal offense under this section if the

22 person knowingly conceals material information about the operation of the facility or does any of the


24 of the person:


26 (b) omits material information or makes a false statement or representation in an application,



29 or

30 (cl destroys, alters, conceals, or fails to file or maintain any record, information, or application

[Legislative \Services \!!jvision

- 43 - HB 166


required to be maintained or filed in compliance with a provision of part 1 or 2 of this chapter or in


3 (2) A person convicted under subsection (1) is subject to a fine of not more than $1,000 for the

4 first offense and not more than $2,000 for each subsequent offense for each day that a facility is In





9 la) the gravity of the violation in terms of the degree of physical or mental harm to a resident or

10 patient;

11 J.hl. the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;

12 aRfl

1 3 j.£1 the degree of deviation committed by the facility from a requirement imposed by part 1 or 2


15 tsl-J.ill other matters as justice may require.

16 (4) Prosecution under this section does not bar enforcement under any other section of this chapter

17 or pursuit of any other appropriate remedy by the department.



20 (6) A penalty collected under this section must be deposited in the patient preteGtion asso"-Jnt

21 pro.,iEloEI for in 60 6 2a2 state general fund."

22


24 "50-5-232. Patient protection account -- deposit of funds. ( 11 There is a patient protection account

25 in the state special revenue fund. Tho rnonov in tho assount is statutorily approJ3riatoEI to tho soµartmont

26 as pro·1isod in 17 7 602.

27 12) There is deposited in the patient protection account;.

28 fal J3onaltios GolloGted µursuant to µart 1 or 2 of tl=iis shaptor;

29 tel- money received by the department in the form of gifts, grants, reimbursements, or

30 appropriations from any source that are intended to be used for the purposes of the account~

I Legislative \Services ~.,pjvision

- 44 - HB 166


(sl interest earnes en msnov in tho aossldnt.


3 {a) to pay for the costs of a receivership; and

4 lb) to pay for the cost of department-initiated relocation of residents.


7

8

9

10

11

12

13

14

15

16

17

18


"50-40-206. Special revenue account -- donations for smoking areas Matwtery appr0priati0R.

I 1) There is an account in the state special revenue fund for the establishment of designated smoking areas

pursuant to 50-40-204.

12) The department of administration is authorized to accept donations to pay for the establishment

of or improvements to designated smoking areas in state buildings and shall deposit any donations into the

special revenue account established in subsection (1 ).

(3) The money in the special revenue account estaslishes in sussestien ( 1) is statldtoril•r

appropriates, as provises in 17 7 002, ta must be used by the department of administration to pay for the

establishment of or improvements to designated smoking areas pursuant to 50-40-204."


20 "53-6-150. Statwter•t appr0pFiati0R sf El0Ratoe Donated funds. W The department of public health


22 assistc1nce programs. Donated funds must be matched with federal funds whenever possible.

23 (2) Fldnss senates to tho separtment for its mesisal assistanso pro9rams am stanitsril)'

24 appropriateEI to tho sopartment as previsos in 17 7 002."

25


27 "53-19-310. ~ Account for telecommunications services for the handicapped. I 1) There is an

28 account for telecommunications services for the handicapped in the state special revenue fund in the state

29 treasury. The account consists of;.

30 fat all monetary contributions, gifts, and grants received by the committee as provided in

[Leglsl.ativ, '\Services L\f!f"'isio11

- 45 - HB 166


5 3-1 9-309;--aoo

2 lb} al.I stiar9os eilloa ana sollostaa pt1rsI.rnnt to e3 1 Q 311.

3 (2) The money In the account is al.located to the committee for purposes of implementing this part.

4 13) All oxpanaiwras of ttio soFAFAittoo in aEiFAinistorin9 ttiis part FAtJst so paie froFA FAonoy eapos1toE1

5 in tRO aOOOtlRt."


6

7

8 "53-19-311. Special assessment. ( 1) A charge of 10 cents a month may be assessed on each


10 of this part.

11 (2) Each customer of a local exchange company is liable for payment to the local exchange

1 2 company of any charge properly imposed pursuant to this part. The local exchange company is not liable

1 3 for any uncollected charge, nor does the company have an obligation to take legal action to enforce the



16 I 1 ). Except as provided in subsection (4), all charges billed and collected by a local exchange company must



19 in the state general fund ostablishoa in e3 1Q 310 to tho oroait of tho ooFAFAittoo.



22 (3)."

23


25 "53-24-108. Utilii!ation Use of funds generated by taxation on alcoholic beverages. ( 1) Revenue

26 generated by 16-1-404, 16-1-406, Hi 1 408, and 16-1-411 to state-approved private, nonprofit or public



29 (a) as payment of fees for alcoholism services provided by state-approved private, nonprofit or


r Legislative \services

~\_!!_ivision - 46 - HB 166


(b) as grants to state-approved private, nonprofit or public alcoholism programs.


3 generated by 16-1-404, 16-1-406, 16 1 408, and 16-1-411.

4 (3) ~ 6 person operating a state-approved alcoholism program may not be required to provide

5 matching funds as a condition of receiving a grant under subsection (1) of thic costion.

6 14) In addition to funding received under this section, a person operating a state-approved



9 (5) ~ 6 person receiving funding under this section to support operation of a state-approved



12 (6) A grant made under this section is subject to the following conditions:


14 earned fees, gifts, bequests, donations, and grants from other than state sources during the period for


16 (bl Whenever, during the period of grant support, program income exceeds the amount estimated

17 in the grant application, the amount of the excess sl=lall must be reported to the grantor.

18 (c) The excess sl=lall must be used by the grantee under the terms of the grant in accordance with


20 (i) use for any purpose that furthers the objectives of the legislation under which the grant was

21 made; or

22 (ii) to allow program growth through the expansion of services or for capital expenditures necessary


24 (7) Revenue generated by 16-1-404, 16-1-406, 16 1 408, and 16-1-411 for the treatment,

25 rehabilitation, and prevention of alcoholism wruGfi that has not been encumbered for those purposes by the

26 counties of Montana or the department sl=lall must be returned to the state special revenue fund for the


28 will must be distributed by the department the following year as provided in 53-24-206{3)(b)."

29


f leg ls/atlve \Services \_!!jvislon

- 4 7 - HB 166

55th Legislature HB0166 .02

"60-2-220. Butte-Anaconda cultural heritage area -- signs -- location and design -- funding. { 1 I


3 121 Subject to the provisions of federal law, the department shall, as funds are available under

4 subsection 141, erect and maintain at specified locations on the primary and interstate highways in Silver


6 {31 The consolidated governments of Butte-Silver Bow and Anaconda-Deer Lodge shall design the


8 of each sign.

9 (4) The department may accept money from other state agencies, federal agencies, local

1 O governments, or private persons for the purposes of subsections 121 and (31 and may expend, as a statutory

11 appropriation unaor 17 7 602, the money received for those purposes.

12 151 As used in this section, "department" means the department of transportation provided for in

13 2-15-2501."

14


16 "60-11-120. Railroad and intermodal transportation facility loans and grants -- authorization --

17 eligibility. (1) Money aopositoa in tho spoeial railroae fasilitios ans intormoeal transportation fasilitios

18 assount sroatoa in eO 11 122 appropriated by the legislature may be used by the department of

19 transportation, after deducting the necessary costs and expenses for administering this section, to provide

20 loans and grants for the preservation and continued operation of railroad branch lines identified in

21 60-11-111 and for the development and improvement of intermodal transportation facilities. Proceeds of

22 all repayments of loans, including interest, made under this section must be deposited in the sposial railroad

23 laeilitios ant;! intormodal transportatien iasilities aeeeunt state general fund.

24 (2) An owner or operator of a railroad identified in 60-11-111 (2) is eligible for a loan or grant under

25 this section pro•,ided that l! the owner or operator:

26 la) undertakes to repair, improve, or replace rail facilities to allow the continued operation of the


28 (bl derives revenue from the continued operation of the railroad.

29 (3) A port authority created under Title 7, chapter 14, part 11, is eligible for a loan or grant under


~ Legislative \Services C.\_!!jvision

- 48 - HB 166

55th Legislature l-,B0166.02

provided that j.f:

2 (a) the port authority is included in the state transportation planning process as described 1n 23

3 U.S.C. 135; and

4 lb) the intermodal transportation facility for which a loan or grant is sought is integrally related to

5 the railroad transportation system ot the state."


6

7


9 otherwise required by law, revenue from the lease or sale ot assets of or revenue paid to the state of

1 O Montana by an operator of a railroad owned by the state of Montana must be deposited in the ~

11 railroad faoilities and intern10dal transportation faoilities aooount sroatod in 60 11 122 state general fund.

1 2 12) The department ot transportation is authorized to administer, as provided in 60-11-120 through

13 60-11-123, tile speoial railroad faoilities and intermoElal trans13ortation faoilitios asoount oreatod in

14 60 11 122 funding available to provide for improvement ot railroad tracks and associated facilities of any

15 state-owned railroad in Montana and to provide loans and grants to railroad lines and intermodal

16 transportation facilities as provided in 60-11-120."

17


19 "61-3-509. Disposition of taxes. (1) Except as provided in subsection (2), the county treasurer


21 motorcycles, motor homes, travel trailers, and campers collected under 61-3-504, 61-3-521, 61-3-52 7, and

22 61-3-537 to a motor vehicle suspense fund, and at some time between March 1 and March 10 ot each year




26 ( 2) The county treasurer shall deduct as a district court fee 7% of the amount of the 2 % tax


28 credit the fee for district courts to a separate suspense account and shall forward the amount in the

29 account to the state treasurer at the time that the county treasurer distributes the motor vehicle suspense

30 fund. The state treasurer shall credit amounts received under this subsection to the 9eneral state special

\legislative 1 Services '"\!!}vision

- 49 - HB 166


revenue fund to be used for purposes of state funding of the district court expenses as pro,vided In

2 3-5-901."

3


5 "61-5-121. Disposition of fees. I 1) The disposition of the fees from driver's licenses pro•qdod for

6 in 61 e 111 (7Ha), motorcycle endorsements provided for in 61 e 111 (7)(o), commercial driver's licenses

7 13rovidod for in 61 l'i 111 (7)(0), and duplicate driver's licenses provided for in 61-5-114 is as follows:

8 (a) The amount of -2-e-%- 16.7% of each driver's license fee and 25% of each duplicate driver's



11 as provided in 1 9-6-404.

12 lb) (i) If the fees are collected by a county treasurer or other agent of the department, the amount

13 of 3.70% 2.5% of each driver's license fee and 3.75% of each duplicate driver's license fee must be


15 (ii) If the fees are collected by the department, the amount provided for in subsection (1 )(b)(i) must


17 (c) Ii) If the fee is collected by a county treasurer or other agent of the department, the amount

18 of~ 3. 34% of each motorcycle endorsement must be deposited into the county general fund.

19 Iii) If the fee is collected by the department, the amount provided for in subsection ( 1 )(c) Ii) must


21 (d) The amount of 26.25% of each driver's license fee and 8. 75% of each duplicate driver's license


23 (e) In addition to the amounts deposited pursuant to subsections 11) (b)(ii) and ( 1) (cl Iii), the amount



26 If) If the fee is collected by the county treasurer or other agent of the department, the amount of

27 3.70% 2.5% of each commercial driver's license fee must be deposited into the county general fund,

28 otherwise all of the fee must be deposited in the state general fund.

29 (g) The amount of~ 63.46% of each motorcycle endorsement fee must be deposited into the

30 state traffic education account in the state special revenue fund, and the amount of 33.2% of each

I legislative \Services --\IJjvi.<ion

- 50 - HB 166


motorcycle endorsement fee must be deposited into the state general fund.

2 12) la) If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and

3 duplicato drivor's licenses are collected by a county treasurer or other agent of tho department, the county

4 treasurer or agent shall deposit the amounts provided for in subsections 11 )(b)li) and (1 )(c)(i) into the county

5 general fund. The county treasurer or agent shall then remit to the state treasurer all remaining fees,


7 state special revenue fundL as provided in subsection ( 1 )(a)L and the state general fund. The state treasurer.

8 upon receipt of the fees and statement, shall deposit the fees as provided in subsections (1 )(a) and (1 )Id!

9 through ll)(g).

10 (bl If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and



13 state special revenue fund as provided in subsection 11 )la), the state special revenue fund, and the state


15 in subsections ll)(al, ll)lb)(ii), (l)(c)(ii), and ll)ld) through I1)Ig)."

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17

18

19

20

21

22

23

24

25

26

27

28

29

30


"75-5-1108. Statutory apprnpriatioR Use of funds -- STATUTORY APPROPRIATION. Money in the

revolving fund is state1torily appropriated, as provided in 17 7 002, mI,J6t 130 used IS ST A TUTOR IL Y

APPROPRIATED, AS PROVIDED IN 17-7-502, for the purposes of making loans to municipalities and private

concerns and paying debt service on obligations. Money in the spesial administrati><o Gosts asGount

amhorized 13y 70 e 1113 is susjest to IB!Jislativo appropriation sonstrain•s, and ei.penditurns frem this

aGsount must ee maee from temporar-,' ap,aropriations, as eossril3od in 17 7 601 (11 or (2), made for that

purpose."


"75-6-214. StatutOP( apprepriation Use of funds -- STATUTORY APPROPRIATION. Money in the

revolving fund is statutorily a1313ro13riat0d, as provided in 17 7 602, must 00 used IS STATUTORILY

APPROPRIATED, AS PROVIDED IN 17-7-502, for the purposes of providing financial assistance to public

water systems. Meney in the aaniinistratien aGGeunt authori2e!:l 1i,,, 71a e 211 is sulljeGt to iegislati"e

(legis~a//v~ \Services \I_!jvision

- 51 - HB 166


appropriation, and expenditures froA=I this aooount A=1ust be A=iado from temporary appropriat1096, as

2 dosoribed in 1 7 7 501 ( 1} or (2}, that are made for that purpose."

3


5 "75-10-954. Megalandfill reclamation account -- deposit of funds. (1) There is a megaiandfill


7 (2) All foes, fines, penalties, forfeited bonds, and other money that have been or will be paid to


9 13) Money in the account is available to the department for the reclamation, restoration, and




13 14) All fees, fines, penalties, and other money paid to the department under the provisions of

14 75-10-950 through 75-10-954 must be deposited in the state general fund."


15

16


18 the state special revenue fund established in 17-2-102.

19 12} The natural areas account may receive funds from any source as gifts.

20 13) The department may spend funds accepted as gifts in accordance with the purposes of this

21 part, including administration of a natural areas program. Those funds, oxsopt funds used fer adA=1inistration

22 of a pro9raA=1, aro statutoril~• appropriated, as provided in 17 7 502."


23

24

25 "77-1-505. Warrant for payments to counties. The department of administration shall, before

26 December 1, approve and authorize the issuance of a warrant on the general fund of the state made

27 payable to the county treasurer of the counties shown on the claim for the payment of the state land

28 equalization payment. The payments are statutorily appropriated as provided in 17-7-502."

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(_Legisl_alive \StrvJces :.,.\!!}vision

- 52 - HB 166


"77-2-323. Sale procedure and limitation. (1l At the time fixed for the sale, the lands &4aU must


3 departmentL the lands &Ra+! must be sold to the highest qualified bidder under the following restrictions:

4 (al ~Jo lands Lands may not be sold for less than the value determined by the board after appraisal


6 (bl Tillable lands capable of producing agricultural crops may not be sold for less than $10 f,Bf an

7 acre.

8 (c) Lands principally valuable for grazing purposes may not be sold for less than $5 ~ an acre.

9 ( 2) The lands AAai-1 must be sold as nearly as practicable according to the subdivisions in which

10 they are advertised, and care AAai-1 must be taken not to subdivide any tract in such a way as to separate


1 2 (3) The sale may be adjourned from day to day until all the lands advertised have been offered for

1 3 sale.


15 be made on the land purchased~. J:\e the successful bidder shall forfeit to the state not less than $50

16 or more than $1,000, to be determined by the board according to the circumstances of the case. If WB4


18 the attorney general shall sue for the recovery thereof of the amount in the name of the state. The

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forfeiture amount must be deposited in the state general fund."


"77-2-328. Additional rules -- deposit of fees. The board may prescribe 6tlffi fil1Y additional rules



Section 63. Section 77-5-305, MCA, Is amended to read:

"77-5-305. Responsibility for compliance -- penalties -- administrative orders. ( 1) (al Except as

28 provided in subsection (1 )(bl, it is the responsibility of the owner to ensure compliance with the provisions


30 (bl If a written contract between an owner and an operator specifies that the operator Is

iLegislative \Services '...\!!jvision

- 53 - HB 166


responsible for compliance with laws relating to forest practices, the operator is considered the responsible




5 constitutes a separate violation.

6 (31 (a) When the department determines that an owner or operator has violated a provision of this

7 part or a rule adopted pursuant to this part and has caused damage to watershed or wildlife resources, the



1 O must specify the nature of the violation and the damage or unsatisfactory condition resulting from the

11 violation.

12 (bl The order becomes final unless, within 30 days after the notice is served, the person named



1 5 (cl If, after a hearing, the department finds that a violation has occurred and the watershed or



1 8 rescind the order.

19 {di The department may include in an order a provision that the owner or operator immediately


21 damage. The department may institute an action for injunctive relief under Title 27, chapter 19, if the


23 (41 Subsection (31 does not prevent the department from seeking voluntary compliance and site


25 (51 All fines and penalties levied under this section must be deposited in the state general fund."

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"82-11-136. Expenditure of funds from bonds for plugging wells. The board may accept and


30 82-11-123(5). These hmds are statutorilv apprepriated as proviaea in 17 7 ~02."

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- 54 - HB 166


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"85-1-220. State water project hydroelectric power generation special revenue account created

-· re><eRcies revenue allocated. 11) There is a state water project hydroelectric power generation special

revenue account within the state special revenue fund established in 17-2-102.

(2) Except as provided in the applicable bond resolution, all revenues revenue derived from

hydroelectric power generation at state water conservation projects under Title 85, chapter 1, must be paid

into this account as received.

(3) The rovonues revenue received under this section must be used to repair and rehabilitate

state-owned water projects and works and to pay the cost of financing those activities.

(4) The funds deposited in the state water proiect hydroelectric power generation special revenue

account under this section but not appropriated during the biennium and money appropriated from the

account but not expended during the biennium for which it is appropriated must remain in the account for

future appropriation under this section and may not be appropriated from the account except as authorized

under this section.

(el There is a statutory a1313repriation 13ursuant to 17 7 '302 te allow tho department to transfBf

a~•ailable funds froITT tho state water wojeot h•,•dreelestris 130,,,0, 13onoration s130sial re"'onuo aosount when

noodod to pay debt sorvise on state water 13rojoot bonds, insludinl') 13ut not limited to 13road•Nator power

projest bonds.

(ill There is a statutor~• appr013riation pursuant to 17 7 '302 for the department to transfer available

funds lran:i the broadwater re13lason:iont and rene.,.•al assount when needed to 13ay del3t s8f',•iso on tho

broadwator 130,,,er 13rojest 13onds."


"90-3-301. AppropriatieR Spending authority and funding -- matching funds. ( 1) The board has


26 income. Those hmes aro stati;torily appropriated as pro,.idod in 17 7 '302.

27 (2) The appropriations and loans made to and by the board are in addition to and separate from




~ Legisl_ative \Services

0 ,_!)jvision - 55 - HB 166


The board may accept as matching funds those received by the loan recipient within 1 year prior to the

2 execution of the loan agreement. The board may require additional matching funds, depending 011 the


4 (4) A loan may not be made for a research and development project for which matching funds have


6 Matching funds, when required, must be received before expenditure of board funds for a research and

7 development project loan may be made. The board may waive the required match for up to 25 % of the

8 funding for research and development project loans if the board determines that the capital need and

9 potential commercialization of the research and development project, in addition to its potential to

1 0 strengthen the partnership between the public sector and private sector, warrant the waiver. The board may

11 accept as matching funds those received by the loan recipient within 1 year prior to the execution of the




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16 "90-7-220. Montana developmental center loan. I 1) The department of public health and human








24 not inconsistent with this section and as the department approves. Investment earnings on the authority's







i-Le.gislative \Services " Division ,_ - 56 - HB 166


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Montana developmental center, including payments or reimbursements from private users, insurers, and

the federal government. All facility revenues obtained from services provided by the Montana developmental

center must be deposited in a special revenue fund and must be applied to the payment of the principal and

interest payments as due under the loan agreement. Prinsipal ans interest fl9'frRents ssnstitcJte a statutory

aririr □ ririatisn within the A'laaning at 17 7 €i02. Whenever the foregoing facility revenues exceed the amount

and terms specified and required to repay the loan and maintain required reserves, the excess must be

deposited to the general fund. As long as the loan remains outstanding and the department provides

services for persons with developmental disabilities, the department shall use the Montana developmental

center for those purposes or for other purposes as permitted by the loan agreement and state law, except

when foreclosure occurs under the agreement or the mortgage. Notwithstanding 77-2-302( 11 and upon

foreclosure of a mortgage given to secure the loan agreement, there must be paid to the board of land

commissioners as a first and prior claim against the mortgaged land an amount equal to the full market

value of the land as determined by the board prior to the execution of the mortgage and after appraisal by

a qualified land appraiser. The loan agreement may contain other provisions or agreements that the

department determines are necessary and that are not inconsistent with the provisions of Title 90, chapter

7.

(3) The obligations of the department under the agreement are special limited obligations payable

solely from the facility revenues and do not constitute a debt of the state or obligate the state to

appropriate or apply any funds or revenues of the state, except the facility revenues as provided in this

section."


"90-7-221. Montana state hospital loan. ( 1 I The department of public health and human services






29 a term not to exceed 25 years and must bear interest and contain other terms and provisions with respect


C leglstatlve , Services ~"E,ivlslon

- 57 - HB 166


Investment earnings on the authority's bonds or on funds held for the bonds must be used to oav the


3 (21 The loan may be secured by a mortgage on the Montana state hospital facility, including the

4 land on which it is located. The roan constitutes a special limited obligation of the department. and the




8 private users, insurers, and the state or federal government. All facility revenue obtained from serv·1ces


1 O deposited in a special revenue fund and must be applied to the payment of the principal and interest

11 payments due under the loan agreement. Prinsipal ans interest pa•tfflents senstitute a statutory

12 appropriation within the meanin§ of 17 7 e02. Whenever the foregoing facility revenue exceeds the






18 provisions of 77-2-302( 11 and upon foreclosure of a mortgage given to secure the loan agreement, there





23 the provis·1ons of Title 90, chapter 7.

24 131 The obligations of the department under the agreement are special limited obligations payable


26 center and do not constitute a debt of the state or obligate the state to appropriate or apply any funds or

27 revenue of the state, except the facility revenue as provided in this section."

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29 NEW SECTION. Section 69. Repealer. 11 I Sections 10-2-417, 15-31-408, 1 e ee 122, 1e ee 131,


1 legislative \Services ·\_!!jvision

- 58 - HB 166

55th Legislature

(2) Section 15-1-111, MCA, is repealed.

2

HB0166.02

3 NEW SECTION. SECTION 70. COORDINATION. IF [THIS ACT) IS PASSED AND APPROVED IN A

4 FORM DE-EARMARKING A PERCENTAGE OF THE 9-1-1 EMERGENCY TELECOMMUNICATIONS TAX TO

5 THE GENERAL FUND AND IF HOUSE BILL NO. 210 IS PASSED AND APPROVED INCREASING THE 9-1-1

6 EMERGENCY TELECOMMUNICATION TAX TO 55 CENTS, THEN THE PERCENTAGE DE-EARMARKED TO

7 THE GENERAL FUND IN [THIS ACT] IS 3.53%.

8

9 NEW SECTION. Section 71. Effective dates -- TERMINATION. I 1) [Sections 1 through .:L2

1 0 THROUGH~ 27, ~ 29 through 92 68, a Rd 6311) 69( 1), AND 70 and this section] are effective July 1,

11 1997.

12 (2) [Sections~ 28 and~ 6912)] are effective July 1, 2008.

13 13) (SECTION 4) IS EFFECTIVE ON PASSAGE AND APPROVAL AND TERMINATES JULY 1, 1997.

14 -END-

CLegis/at/ve ".Services

~,!!jvision - 59 - HB 166

55th Legislature

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HOUSE BILL NO. 166



H80166.03





9 2-15-501, 2-17-105, 7-15-4286, 7-15-4292. 10 2 4Hi, 10-3-312, 10-4-301, 10-4-302, 15-1-501,

10 15-30-153, 15-35-108, 15-36-324, 15-38-106, 16 66 121, 15-70-125, 16-1-306, 16-1-404, 16-1-406,

11 16-1-409, 16-11-119, 16-11-206, 17-1-508, 17-5-403, 17-5-404, 17-5-405, 17-5-408, 17-5-804,

12 17-6-201, 17-7-502, 19-19-205, 20-3-108, 20-8-111. 20-9-360. 20-9-361, 32-1-537, 37-43-204,

13 39-71-503, 39-71-531. 39-71-533, 39-71-2354, 39-71-2503, 39-71-2504, 49-2-510, 50-5-112,

14 50-5-113, 50-5-232, 50-40-206, 53-6-150, 53-19-310, 53-19-311, 53-24-108, 60-2-220, 60-11-120,

15 60-11-123, 61-3-509, 61-5-121, 75-5-1108, 75-6-214, 75-10-954, 76-12-123, 77-1-505, 77-2-323,

16 77-2-328, 77-5-305, 82-11-136, 85-1-220, 90-3-301, 90-7-220, AND 90-7-221, MCA; REPEALING

17 SECTIONS 10-2-417, 15-1-111, 15-31-408, 16 66 122, Hi 6e 131, 16-1-408, 16-1-410, 39-71-534,


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24 11) to prosecute or defend all causes in the supreme court in which the state or any officer of the



27 affected;

28 13) after judgment in any of the causes referred to in subsections 11) and (2), to direct the issuing


30 (4) to keep a register of all cases prosecuted or defended by the attorney general. The register

1Legisla1ive '-Services l\f!_ivision

- 1 - HB 166

THIRD READING AS AMENDED


must be open to the inspection of the public during business hours. The attorney general shall deliver the

2 register to the attorney general's successor in office.

3 (51 to exercise supervisory powers over county attorneys in all matters pertaining to the duties of

4 their offices and from time to time require of them reports as to the condition of public business entrusred





9 proceeding.

1 O (6) when required by the public service or directed by the governor, to assist the county attorney

11 of any county in the discharge of the county attorney's duties or to prosecute or defend appropriate cases



14 (7) to give an opinion in writing, without fee, to the legislature or either house of the legislature,


16 or to the board of county commissioners of any county of the state when required upon any question of

17 law relating to #lei!: the respective offices. The attorney general shall give the opinion within 3 months


19 that the question is of sufficient complexity to require additional time. If an opinion issued by the attorney





24 commissioners;


26 consumer protection actions;

27 Wtil.Ql to perform all other duties as required by law. (Terminates June 30, 1997--sec. 4, Ch. 196,

28 L. 1995.)

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2-15-501. (Effective July 1, 1997) General duties. It is the duty of the attorney general:

( 1) to prosecute or defend all causes in the supreme court in which the state or any officer of the

\ Legislative '-..Services

!.,,,-!!_ivision - 2 - HB 166


state in RiG the officer's official capacity is a party or in which the state has an interest;

2 (2) after judgment in any of the causes referred to in subsection (1 ), to direct the issuing of a

3 process as may be necessary to carry the judgment into execution;

4 (31 to keep a register of all cases prosecuted or defended by hiR'I, whioh the attorney general. The

5 register must be open to the inspection of the public during business hours ae opon to the inspection ef

6 tl:lo p1cJslio. The attorney general ffit¾&t shall deliver the register to RiG the attorney general's successor in

7 office.



1 0 to their charge. The supervisory powers granted to the attorney general by this subsection include the




14 proceeding.

15 (5) when required by the public service or directed by the governor, to assist the county attorney

16 of any county in the discharge of RiG the county attorney's duties or to prosecute or defend appropriate

17 cases in which the state or any officer of the state in RiG the officer's official capacity is a party or in which

1 8 the state has an interest;

19 (6) to give RiG an opinion in writing, without fee, to the legislature or either house of the legislature,


21 and to the board of county commissioners of any county of the state when required upon any question of

22 law relating to tl=leif the respective offices. ~ The attorney general shall give any GicJElh the opinion within

23 3 months following the date that it is requested unless Re the attorney general certifies in writing to the

24 requesting party that the question is of sufficient complexity to require additional time. If an opinion issued

25 by the attorney general conflicts with an opinion issued by a city attorney, county attorney, or an attorney

26 employed or retained by any state officer, board, commission, or department, the attorney general's opinion

27 is controlling unless overruled by a state district court or the supreme court.

28 ( 7) to discharge the duties of a member of the board of examiners and state board of land

29 commissioners;

30 {8) to deposit in the state general fund amounts recovered on behalf of the state in antitrust or

- 3 - HB 166


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¼ijj_fil to perform all other duties as required by law."


"2-17-105. Insurance on state buildings -- use of proceeds -- building replacement. ( 1) Monoys


7 by the department of transportation by purchase or condemnation for right-of-way purposes, &fiall must be

8 deposited in the state special revenue fund. The money is statutorily appropriated. as provided in

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17-7-502, for the purposes of subsections (2) and (3).

(2) These R'lono~·s are statlJtorilv appropriates as provisos in 17 7 eG2 ans The money may only

be:

(a) used to repair the damaged property;

(b) used to replace the damaged property, subject to the limitations in subsection (3) ~

soetion; or

(c) transferred to the fund and account from which the premiums were paid on the policy covering

the building. Moneys Money transferred in this manner may not be spent by the institution or agency having

custody of the damaged property but &fiall must be available for future legislative appropriation. If the

R'lonevs are money is not spent or committed within 2 years from the time they are that it is received, tfleV

sl=lall the money automatically~ reverts to the fund and account from which the premiums were paid.

(3) If an insured building is totally destroyed or so badly damaged that repair is impractical, the

governing board or officer responsible for the building may 0lJthorizo request that any R'loneys money

received by the state as indemnification for property damage ta be used to replace the building only if the

proposed replacement is designed to be used for the same general purposes as the damaged or destroyed

building, ans for this pl!rposo tho aR'loI,mts a\•ailaele thorofor are statlJtoril•r appropriated as provided in

17 7 §Q2. If the governing board or officer determines that the building should not be replaced, any R'lonoys

money received by the state as indemnification for property damage over and above any outstanding debt

on the building &Hal+ must be transferred as provided in subsection (2)(c) of this seetion."

SestioA 3. Sostion 1 Q 2 416, MC/\, is aR'lonsos to road:

"10 2 416. Plod110 to GOAtiAYO operation aAd AlaiAtORBRGO, Pursuant to 38 u.s.c. 641 and

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- 4 - HB 166


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6036/a)le), tAe state shall appropriate funds either frem tAe general fund or from funds generated undor

1 e 11 111 to tAe department ef publis AealtA and Auman ser> <ises finansial suppert nesessary to previde

for sentinued eperatien and maintenanse ef tAe state home for veterans in eastern Mentana. The

elepartment et puslis Aealth and human servises Fl=!ay sontrast with a pri',ate veneer to provide for the

operation of the eastern Montana veterans' heme and may sharge the sontrast vonelor a rental fee for the

maintenanse and .ipkeep of the fasility."


"7-15-4286. Procedure to determine and disburse tax increment. (1) Mill rates of taxing bodies

1 O for taxes levied after the effective date of the tax increment provision &RaU must be calculated on the basis



13 property located within the urban renewal area or industrial district. The mill rate se determined &RaU must

14 be levied against the sum of the actual taxable value of all taxable property located within as well as


16 (2) (a) The tax increment, if any, received in each year from the levy of the combined mill rates of

17 all the affected taxing bodies against the incremental taxable value within the urban renewal area or

18 industrial district, except for the university system mills levied and assessed against property as elofinoel

19 in 7 1 e 42Q21ella), &RaU must be paid into a special fund held by the treasurer of the municipality and used


21 (b) The balance of the taxes collected in each year &RaU must be paid to each of the taxing bodies


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"7-15-4292. Termination of tax increment financing -- exception ree11stien in tal! insrement

distribution. (1) The tax increment provision shall terminate terminates upon the later of:

(a) the 15th year following its adoption or, if the tax increment provision was adopted prior to

January 1, 1980, upon the 17th year following adoption; or

(b) the payment or provision for payment in full or discharge of all bonds for which the tax

increment has been pledged and the interest thereon on the bonds.

;Legislative \., Services '\_!!jvision

- 5 - HB 166


(2) Any amounts remaining in the special fund or any reserve fund after termination of the tax

2 increment provision &l:lall must be distributed among the various taxing bodies in proportion to their property


4 (3) After termination of the tax increment provision, all taxes &l:lall must be levied upon the actual

5 taxable value .of the taxable property in the urban renewal area or the industrial district and &l:lall must be


7 (4) Bonds secured in whole or in part by a tax increment provision may not be issued after the 15th



1 O provision are outstanding on the applicable anniversary, additional bonds secured by the tax increment



13 le) la) If a rnunisipalitv issues bonds soeuroEI in whole or in part by a taK ineromont pro 1.'ision after

14 tho 1 Gth year following a tax inerornont pro 11ision aEloptoEI after January 1, 1 QQG, or after tho 12th year

15 following a taK insremont f'IFO'lision aeloptoEI l:loforo Januar>,1 1, 1 QQG, it is not ontitloEI to tho full distribution

16 provided in 2G Q 36Gl2).

1 7 113) Tho state treasurer shall roElueo tho Elistrieution to tho munisif'lality in oash fissal ~roar after tho

18 fiseal year in whieh tho bonds roforrod to in subsostion {li)la) are issuoEI by an amount equal to tho

19 insroasoel tai<al:Jlo value of tho J')Fejost 13ro13orty multiplied by tho tetal number of mills lovioEl and assossoEI

20 for ssheel aistrist purposes against tho pre13orty in tho we 1,ious salonear year. Tho department of ro 110nuo

21 shall sortify to tho state treasurer ey So13tornbor 1 of oash year tho insroasoEI taxable ><aluo of tho 13rojoct

22 pre13orty.

23 le) If tho munisipality issues more than one eonEI series after January 1, 1 QQ1, tho Elistribution to

24 tho munisi13ality as J=lFOViEleEI in 2G Q 36Gl2) is roEluseEI, as ElotormineEI in subsostion le)le), by tho sum sf

25 the ameunts of oash eonEI issue.

26 16) ~or tho purl'}oses of subsostion le):

27 la) "l'}rojost property" is tho value of 13roperty >\1ithin an urban renewal area affostoEI by an llrban

28 rono,.,al project to be finansoEI in l'lholo or in 13art from tho prosooss of ti=lo l:Jonss issues i,ursuant to

29 subsostion 16lla), certifies l:Jy tho munisipality te tho sopartmont ef ro\•onue at tho time tho benss are

30 issuoa ans isontifios B'f a taK iEloPflisa.ion Rumeor. Proi,orty is affostos 13,y an urean renewal projost if tho

: Legislative \Sen,ices ~ Division

- 6 - HB 166


13ro13orty:

2 {i) is to bo asq1,1irod or im13ro11od as 13art of tl:io 1,1rbaA r0Ae 1,¥al 13rejest;

3 Iii) is losatod BA 13ro13erty that is to be asq1,1ired or im13re110d as 13art of tho 1,1rbaA roAo',¥al 13reject;

4 {iii) is conti91,101,1s to, or leeatod BA property c0Ati91,1e1,1s to, proport'( ro:lorrod to iA s1,1bsoetioA {e)la){i)

5 or (e){a){iil, iAcl1,1din9 adjaeoAt 13ro13erty so13aratod by a road, stream, street, or railroad; or

6 (ii<) is included iA aA a9room0At between a 13orsoA and tho m1,1niei13ality iA eonnoetion with the mt:Jan

7 renov,1al 13rojest for tho iss1oJanse of the t:Jonds and if 1oJnder tl:io a§roement, the 13erson undertakes to develop

8 or rodo,1olop the pro13erty.

9 {bl "inereasod taxat:Jlo 11 al1,1e" moans tho difforenso between the taxat:Jlo val1,10 of tho project

1 O 13ro13ort•r for tho surront fiscal year and the taxable "al1,1e of the project property for tho fissal 'fear in whish

11 tho bonds were issldod."


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14 "10-3-312. Maximum expenditure by governor -- appropriation. I 1) (a) Whenever an emergency



17 exceed .$-2 $4 million in any biennium, minus any amount appropriated pursuant to 10-3-310 in the same

18 biennium.

19 lb) Whenever an emergency or disaster due to fire is declared by the governor, there is statutorily

20 appropriated to the office of the governor, as provided in 17-7-502, and the governor is authorized to

21 expend from the general fund, an amount not to exceed $10 million in any biennium. The amount

22 appropriated in this subsection (bl may be combined with the amount appropriated in subsection I 1 )(a) for

23 an emergency or disaster due to fire.

24 (2) In the event of the recovery of money expended under this section, the spending authority must



27 to the office of the governor, as provided in 17-7-502, and the governor is authorized to expend from the



30

t legislative \S~ryices '\!!i•lsion

- 7 - HB 166



2 "10-4-301. Establishment of emergency telecommunications account. A 9-1-1 emergency


4 amount equal to 6 .91 % of the money received pursuant to 10-4-201 must be deposited in the state general

5 fund. All remaining money received by the department of revenue pursuant to 10-4-201 must be paid to


7 of the account must be used for the purposes described in part 1 of this chapter. The distributien of the

8 Q 1 1 emergensy tolesommunisations assount, assareling to tho r0~1,1irnm0nts of 10 4 302, is statutorily

9 a1313ropriatod. Expenditures for actual and necessary expenses required for the efficient administration of

1 0 the plan must be made from tom13orar~' appropriations, as desoribed in 17 7 601 ( 1) or (2), made for that

11 purpose."


12

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14 "10-4-302. Distribution of account by department. ( 1) The department shall make quarterly

15 distributions of the entire account beginning on A13ril 1, 1 QQ7. The distributions must be made for the

16 following:

17 {a) administrati'IB oosts inmmed during tho prooeding oalendar ~uarter by tl:le do13artment of

18 ra~'enuo in sarrying out this sha13ter. Tl:le amount 13aiel may net exoeod 1 % af the asoount on tho date of

19 distrieution or astc1al expenses insurrod, urhishevor is loss.

20 {a) administrative sosts inmmed dc1ring tho 13r0s0aing salenaar ~c1art0r by tho a013artment in

21 sarrying oc1t its ac1ti0s c1ndor this sha13t0r. The a013artm0nt' s ann1,1al resoveP{ af oasts may not mweed 7 %

22 af tl:le amac1nt sallestea ey tha asoaunt ac1ring the fissal year or astc1al expenses insc1rrad, whiohe~•er is less.

23 M costs incurred during the preceding calendar quarter by each provider of telephone service in

24 the state for:

25 tit.@], collection of the fee imposed by 10-4-201;

26 Wllil modification of central office switching and trunking equipment for emergency telephone


28 ti-ii+J.,j conversion of pay station telephones required by 10-4-121.

29 (2) Payments under subsection ( 1 )Wt may be made only after application by the provider to the

30 department for costs incurred in subsection ( 1 ){G}. The department shall review all applications relevant to

( Legislative \Services

~- Division ·-. 8 - HB 166


1 subsection 11 )tat for appropriateness of costs claimed by the provider. If the provider contests the review,


3 13) After all amounts under subsections 11) and 12) have been paid, the balance of the account








11 14) If the department through its monitoring process determines that a 9-1-1 jurisdiction is not





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"15-1-501. Disposition of money from certain designated license and other taxes. ( 1) The state

treasurer shall deposit to the credit of the state general fund in accordance with the provisions of

subsection +et ill all money received from the collection of:

(a} income taxes, interest, and penalties collected under chapter 30;

(b) except as provided in 15-31-702, all taxes, interest, and penalties collected under chapter 31;

le) oil and natural gas production taxes allocated under 15-36-324(7l(al;

la) fees freR'l sri¥er's lisenses, R'leters1•sle enserseR'lents, ans e1c1plisate eri>;er's lissnsss as

pre¥iBBt3 in 61 e 121;

¼}J.Ql electrical energy producer's license taxes under chapter 51;

(e) telephone company license taxes under chapter 53;

tatill liquor license taxes under Title 16;

{s) telopl=iene seR'lpany lioonso taMes 1c1ns0r sl=iapter eJ; ans

(g} fees from driver's licenses, motorcycle endorsements, and duplicate driver's licenses as

; Legislative \Senice• \!!fvi•ion

- 9 - HB 166


provided in 61-5-1 21; and

2 ~J.b.l inheritance and estate taxes under Title 72, chapter 16.

3 (2) P II monov roooived from tho oollootion of inoome taxes unser oha13tor 30 of this title must, in

4 aooorsanoe v·ith tho provisions of sutiseotion (a), so s013ositos as follows:

5 (al 91 .3% of the taxes to the srosit of tho state general fund;

6 (bl 8.7% of the taxes to the srosit of the sebt servise aosount for long rango tiuilsing program

7 bonds as aesoribos in 17 e 408; ans

8 (ol all interost ans penalties to tho oreait of tho state 9onoral funs.

9 (3) 1\11 money roseiuea from tho oolleotion of sorporation lioenso ans insome taxes under ohapter

1 O 31 of this title, 01,0013t as 13roviaoa in 1 e 31 702, must, in aooorsanse with the 13rovisions of subsostion

11 (Bi, bo aepositos as follows:

12 (al 89. e % of tho tax as to tho sroait of tho state general funs;

13 (til 10.6 % of tho taMs to tho srosit of the aebt servioo aooount for long ran9e builaing pro9ram

14 bones as aossritied in 17 e 408; ans

15 (ol all interest ans penalties to tt:le oresit of tt:io state geAoral fuAd.

1 6 Will The department of revenue shall also deposit to the credit of the state general fund all money



19 (el Oil ans natural gas prosustien tai,es allosates unsor 1 e 3s 324(7)(a) must be sepositos in the

20 general funs.

21 {-G+Q_]_ Notwithstanding any other provision of law, the distribution of tax revenue must be made





26 +++ill All refunds of taxes must be attributed to the funds in which the taxes are currently being



29


I legislative -.Services \!!jvision

- 1 0 - HB 166


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"15-30-153. Funding for administration of special revenue accounts s11osial FeYeRue asseuRt

fer tax sl:leskeff aemiRistratieR. ( 1) The department shall charge any special revenue account oreated after

January 1, 1 QQJ, that is funded by means of an income tax checkoff the actual and necessary cost to

create the special revenue account and to place the checkoff on the income tax return.

(2) In addition to the charges in subsection (1 ), the department shall charge each special revenue

account funded by means of an income tax checkoff the actual expenses necessary to administer the

account. The department's charges may not exceed $3,000 for a tax year.

( 3) There are 6f3eoial re110nue aoseunts in the state troasur,1• for the adFninistrntion el insemo tax

oheolrnlfs,

t4+ All charges collected pursuant to subsections (1) and (2) must be deposited in a ta11 sheokeff

adFF1inistratien aooount the state general fund.

{el The FRoney in a tax ol=laokeff adFRinistration aooeunt, suejeot to ai;if3ref3riation, FRust 00

ex11endeti te adR"linister the inooR"le tax sl=leol~eff for •11/:liol=I ti=le aooount was oreated."


"15-35-108. Disposal of severance taxes. Severance taxes collected under this chapter must, in


18 ( 1) Fifty percent of total coal severance tax collections is allocated to the trust fund created by



21 (2) Twelve percent of coal severance tax collections is allocated to the long-range building program


23 (3) The amount of 8.36% must be credited to an account in the state special revenue fund to be





28 this account to another account other than the general fund. Any cash balance that is unspent at the end

29 of each fiscal year must be deposited in the general fund.

30 (4) The amount of 1.27% must be allocated to a nonexpendable trust fund for the purpose of parks

- 11 - HB 166


acquisition or management. Income from this trust fund must be appropriated for the acquisition,

2 development, operation, and maintenance of any sites and areas described in 23 · 1-102,

3 (5) The amount of 0.95 % must be allocated to the debt service fund type to the credit of the






9 (7) All other revenue from severance taxes collected under the provisions of this chapter must be


11


13 "15-36-324. Distribution of taxes. ( 11 For each calendar quarter, the department of revenue shall

14 determine the amount of tax, late payment interest, and penalty collected under this part. For purposes of

15 distribution of the taxes to county and school taxing units, the department shall determine the amount of



18 (21 Except as provided in subsections (3) and (4), oil production taxes must be distributed as

19 follows:

20 ia) The amount equal to 41.6% of the oil production taxes, including late payment interest and


22 (b) The remaining 58.4% of the oil production taxes, plus accumulated interest earned on the

23 amount allocated under this subsection (2)(bl, must be deposited in the a!Jensv state special revenue fund


25 subsection (8).



28 first 1 2 months of production must be distributed as provided in subsection (7).



~ LegisltUive \Services (\!_)jvision

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5 and penalty, collected under this part must be distributed as provided in subsection (7).


7 the amount allocated under this subsection (5)(b), must be deposited in the agenev state special revenue





12 occurring during the first 12 months of production must be distributed as provided in subsection (7).

13 (7) The department shall, in accordance with the provisions of 15-1-501 tet, distribute the state


15 follows:

16 (a) 85% to the state general fund;

17 (bl 4.3% to the state special revenue fund for the purpose of paying expenses of the board as


19 (cl 10. 7 % to be distributed as provided by 1 5-38-106(2).

20 18) (a) For the purpose of distribution of the oil and natural gas production taxes from pre-1985







27 Ii) By the dates referred to in subsection (9), the department shall calculate and distribute to each


29 determined by multiplying the unit value, as adjusted in this subsection (8)Ia), by the units of production


[ Legisl_ative \Services \Djvision

- 13 - HB 166

5 5th Legislature HB0l 66.03

which the distribution occurs.

2 (ii) Any amount by which the total tax liability exceeds or is less than the total distributions

3 determined in subsection (B)(a) must be calculated and distributed in the following manner:

4 (A) The excess amount or shortage must be divided by the total distribution determined for that






10 (b) Except as provided in subsection (B)(c), the county treasurer shall distribute the money





15 (c) The board of county commissioners of a county may direct the county treasurer to reallocate


17 provided in subsection (B)(b), to another taxing unit or taxing units, other than an elementary school or high


19 {i) The county treasurer shall first allocate the oil and natural gas production taxes to the taxing


21 county in fiscal year 1 990.

22 (iii If the allocation in subsection (8I(cl(i) exceeds the total budget for a taxing unit, the






2 8 fiscal year 1990.

29 (ii) If the allocation under subsection (8)(dl(i) exceeds the total budget for a fund, the trustees may


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- 14 - HB 166










9 (g) The money distributed in subsection (8)(el that is required for the county mill levies for school


11 these purposes.

12 (h) The oil and natural gas production taxes distributed under subsection (8)(b) that are required



1 5 to the state treasurer.






21 the amounts determined in subsections (B)(h) and (8)(i) is for the exclusive use and benefit of the county

22 and school taxing units.



25 (al On or before August 1 of each year, the department shall remit to the county treasurer oil and




29 year.

30 (c) On or before February 1 of each year, the department shall remit to the county treasurer oil and

i" L~gislative \services \_!!jvision

- 15 - HB 166


natural gas production tax payments received for the calendar quarter ending September 30 of the previous

2 year.

3 (di On or before May 1 of each year, the department shall remit to the county treasurer oil and


5 calendar year.

6 (101 The department shall provide to each county by May 31 of each year the amount of gross




10


12 "15-38-106. Payment of tax•· records·· collection of taxes -- refunds. (1) The tax imposed by



1 5 the department at the time that the statement of yield for the preceding calendar year is filed with the

16 department.

17 (2) The department shall, in accordance with the provisions of 15-1-501.fet, deposit the proceeds

1 8 of the tax ·in the resource indemnity trust fund of the nonexpendable trust fund type, except that:

19 (a) 14.1 % of the proceeds must be deposited in the ground water assessment account established

20 by 85-2-905;







27 hours.




: Legis~arive \Services

. .f!Jvision - 16 - HB 166


department within 30 days after written notice of the amount of deficiency is mailed by the department to



4

SeGtion 10. Section 1 e es 121, MC/l, is amoneloel to roael: 5

6 "1 Ii iii 1.21. DistFibution Depesit of tal( pFeGeeds geneFal fund lean autheFity. ( 1) Tho prooooEls

7 of the tax imposoel by 1 e es 111 must, in accorelanco with tho provisions of 1 e 1 e01, bo elopositoEI in an

8 account in tho state special revenue general funs to tho croElit of tho Elopartmont of revenue. Tho

9 elopartmont of rovonuo may sponel from that acco1,1nt aay tho onaonsos of collecting tho tax in acoorElanso

1 O with an oxponelit1,1ro appropriation b•f tho logislat1,1ro basoel on an estimate of tho easts ef oelloctin9 anel

11 elisb1,1rsin9 tho ,:irocooels of tho tax. Boforo allocatin9 tho balance ef tho tax wocooels in accorelanoo 1\/ith

12 tho ,:iro11isions of le 1 e01 anel as prouiefoel in subsections (11{a) thro1,19h (1)(o) of this section, tho

1 3 elopartFR0Rt shall elotormino tho oxponeliwros b',' state agencies for in state loelgin9 for each reporting porioel

14 anel eleel1,1ct 4 % of that aFRount frem tho tax ,:irocoeels rocoivoEi each roportin9 porioel. The aFRount Eioel1,1stoEI

15 FRust bo EiopositoEi in tho 9onoral f1,1nel. Tho balance of tho tan prooooels rocoivoEi each roportin9 ,:iorioel anel

16 not EioEiuctoel p1,1rs1,1ant to tho ox13oneliWro a13propriation or elopositoel in tho 9onoral fonEi is statutorily

17 appropriatoel, as proviEioEi in 17 7 e02, anEi FRUSt be transferroEi to an account in tho state sposial ro•,onuo

18 f1,1nel to tho croelit of tho elopartmont of commorco for tourisFR proFRotion anel proFRotion of tho state as a

19 location for tho 13roeuction ef FRetion pictures anel tolo11ision 00FRFRoroials, ta tho Montana historical society,

20 ta tho uni,·orsit'( s•rstom, anel to tho elopartFRont ef fish, wilellifo, anEi parks, as follows:

21 (a) 1 % to tho Montana historical society te bo usoel for tho installation or maintenance of reaelsieo

22 historical si§RS anel historio sites;

23 (bl 2.e % to tho university system fer tho establishment anel FRaintenanoe of a Montana tra·.-ol

24 research prosram;

25 (s) 0,0% to the elopartFR0Rt of fish, ,.,ilellife, and parks fer the maintenance of fasilitios in state

26 parks that have both resielont anel nomosielont use;

27 (ell €i7.e% to be 1,1seel elirectly by tho elopartn:iont of comFRerco; and

28 (o) (i) except as provieloel in subsection (1)(o)(ii). 22.eq~ to be EiistributeEi by tho Eiopartmont to

29 regional nonprofit tourisFR corl')erations in the ratio of tho procoeels collostoEi in oach tomisFR ro9ion to tho

30 total prosooels oolloctoel statowiEio; anel

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iSlfJlive ServJces

Djvision - 17 - HB 166


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(ii) if 22.e% of the J;Jrooeeds oolleoted annually within the lirnits of a oity or sonsolidated sit)' sounty

eMsoeds $3e,OOO, e0% of the arnount a¥aila'3Ie for distrieution to tho regional nonprefit tourisrn sorporation

in the region where the sity or oonsolidated sity sounty is losated, to ee distrieuted to the nonJ;Jrefit

son,,ention and visitors 0urnau in that sity or sonsolidated sity so,mty.

( 2) If a sity or sonsolidated sity sounty E1' ifios under this seotion for funds 0ut fails to either

6 resognile a nonJ;Jrofit oon¥ention and 1;isitors 0ureau or su0rnit and gain aJ;JJ;Jro¥al for an annual marketing

7 J;Jlan as required in 1 e ee 122, then those funds FAUSt 00 allosated to the regional nonprofit tourisrn

8 soqmration in the region in whish the sit•r or sensolidatod sity sounty is lo sated,

9 (31 If a regional nonprofit tourisn:i sorporation fails te suen:iit and gain aJ;Jpro¥al for an annual

1 O marketing J;Jlan as required in 1 e 6e 122, then those funds otherwise allesated to the rogional nenwofit

11 tourisrn sorJ;Joration rnav 00 used 0•f tho do!}artrAent of son:in:iorse for tourisrn !}rornotion and pron:iotion of

12 tho state as a losation for the produstion of rnetion J;Jistures and telo,,ision sornn:iersials."

13




17 justice's court, must, in accordance with the provisions of 15-1-501{e}, be .placed in the highw3y



19

20

21 "16-1-306. Revenue to be paid to state treasurer. Except as provided in 16-1-404, 16-1-405,

22 16 1 408, 16 1 41 O, 16-1-406, and 16-1-411, all fees, charges, taxes, and revenue collected by or under

23 authority of the department must, in accordance with the provisions of 15-1-501, be deposited to the credit

24 of the state general fund."

25


27 "16-1-404. License tax on liquor -- amount -- distribution of proceeds. 11) The department shall



30 (a) 10% of the retail selling price on all liquor sold and delivered in the state by a company that

(Legisl.ative '\Services

L..,,.E_ivision - 18 - HB 166

55th Legislature HB0l 66.O3

1 manufactured, distilled, rectified, bottled, or processed, and that sold more than 200,000 proof gallons of


3 lb) 8.6% of the retail selling price on all liquor sold and delivered in the state by a company that



6 (2) The license tax must be charged and collected on all liquor brought into the state and taxed by




10 amount of the license tax received. Thirt•t J;J0FG0At ef this Th\1 revenue is statutorily appropriated, as


1 2 disbursed as follows:


14 county to be distributed to the incorporated cities and towns, as provided in subsection 13).

15 .(Ql Four and one-half percent ef this re•,coAlcl0 is stat1cJterily aJ;Jpropriates, as previEleEl in 17 7 602,

16 anEl FAlclst, in asserElanoe with the previsiens of 16 l 601, ao 3llocated to the counties according to the


18 1£l. The raFAainiA9 rovenlcle Sixty-five and one-half percent must, in assorsanse with the previsions

19 of.1 a 1 601, be deposited in the state special revenue fund to the credit of the department of public health




23 establishment is located, for use as provided in 16-1-405. That prepertien et tl=le lisonse tax is statlclterily

24 appropriatml, as previEioEi in 17 7 a02, ta the The department, whish shall pay quarterly to each county



27 (3) The license tax proceeds allocated to the county under subsection 12) for use by cities and




- 19 - HB 166


and towns of the county.


3 services for the treatment, rehabilitatio11 .. and prevention of alcoholism must be credited quarterly to the

4 department of public tiealth and human services. The legislature may appropriate a portion of the license

5 tax proceeds to suppor; alcohol programs. The remainder must be distributed as provided in 53-24-206. ·•


6

7

8 "16-1-406. +a* Jaxes on beer. ill A tax of -$.J $4.30 per barrel of 31 gallons is hernl:iy lo 11iod

9 <lfl4 imposed on each ;;.red ovor>r bmrel of beer sold in Montana by~!! wholesaler-', l'•hioh sa;d The tax

1 O &l=la~ U! due at the end of each month from &ai4 1C,~ wholesaler upon any suoh beer &G sold by Rim the

11 wholesaler during that month. As to any The department shall compute the tax due on beer sold in

12 containers CJther than barrels or 111 barrels of more or 1,,ss capacity than 31 gallons, the quantity oentent

13 shall l:ie asoortainee ans oomputed b~• the departwent in detorminin§ >l=>o ar:i:iount of tax duo.

14 (2) Each guarter, in accordance with the provisions of 15-1-501, of the tax collected pursuant to

15 subsection ( 1), an amount equal to:

1 6 la) $1 must be deposited in the state treasury to the credit of the departrnent of public health and


18 lb) 50 cents must be deposited in the state general fund; and

19 le) $2.80 must be deposited with the state treasurer to the credit of the incorporated cities and


21 i~ Ttl_()_[_n_oney in the incorporated cities and towns beer tax account is statutorily appropriated,

22 as provided_L_'l_1_l~;'-502, to the department, whi,;:_l}_§hall, monthly, distribute this amount of money to the

23 incorporated cities andJQvyns in the direct proportion that the population of each city and town bears to

24 the total population of a!I incorporated cities and towns as shown in the latest official federal census as

25 adiusted by \.b_E1_rnosl_!J)_c:;ent population estimates published by the U.S. bureau of the census. For cities


27 date of incor.Q_O_[_!!_tiQ_r1_a_~_~y_i9enced by tl]!l C\'l_rtifi,;:ate of the incorporating officials of that city or town. If

28 iLli!Y_or town dis_ic,_i:;91porates, it may not receive any f1111ds under this section and th0 amount previously

29 distributed to the city _or town must be distributed to the remaining incorporated cities and towns. All funds

30 received by cities a,1,J _towns under this section must be expended for state purposes, such as law

, Legisl!'live , ,, Servzce'S' ',. Division

- 20 - HB 166


enforcement, maintenance of the transportation system, and public health.

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(bl The department may adiust population estimates only on the July 1 following the date of

publication of the estimates by the U.S. bureau of the census. The adjusted distribution formula must

remain in effect for the entire fiscal year."


7 "16-1-409. Failure to make beer tax returns •· penalties. I 1) If aflV 2 brewer or wholesaler subiect

8 to the payment of the tax provided for in 16-1-406 ans 1 €i 1 408 fails, neglects, or refuses to make any

9 return required by this code or fails to make payment of the tax within the time l:lefeffi provided in this part,

1 0 the department shall, after &t;GR the time has expired, flrssees ts inferA1 itself as best it A1a'f regarding the

11 A1attors and things r0q1,1iroel ts be sot forth in s1,1sh r0t1,1rn and, freR1 s1,1sh inforA1ation as it A1ay be ablo to

12 obtain, to A1ako a stat0A10nt sl=l0win9 s1,1sh A1att0rs and things ans determine and fix the amount of tax due


14 12) The department shall add to the amount of tax due a penalty ot

15 ifil 5% for the first failure, willf1,1I n09lest, or refosal;

16 llil 10% for the second failure;

17 J.£1 1 5 % for the third failure; and

18 lQl 25% for the fourth and each subsequent failure, nosiest, er rehisal.

19 13) The penalty provided for in subsection (2) is in addition to the 5% penalty provided for




23 {5) The department shall then proceed to collect the tax with penalties and interest. Upon request

24 of the department, it is the duty of the attorney general to commence and prosecute ta final dotorA1ination





29 issued.

30 (7) N& An action &flaU may not be maintained to enjoin the collection of the tax or any part tl=leraof

· 21 - HB 166


1 · of the tax.

2 (8) Any tax owed by a brewer or wholesaler under this code not paid within the time provided &4all

3 be 1§_ delinquent, and a penalty of 5 % i:;.l:i.a!j must be added thereto to the tax. The tax and penalty bear

4 interest at the rate of 1 % per month from the date of delinquency until paid. Afl.y- 6 brewer or wholesaler

5 who fails, neglects, or refuses to make the return to the department provided for in 16-3-211 or 16-3-23'1




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"16-11-119. Disposition of taxes retirement of bands. 11) The amount of 11 .11 % of the

cigarette ta1, collected under the provis10-ns of 16 11 111 on each package et sigarettes must be dopo6itod

in the state spesial revenue fund to the srodit of the department ef publis health and human sorvices fer

the operation and maintenance sf state "Oterans' nursing hemes. (1) THE AMOUNT OF 11. 11 % OF THE

CIGARETTE TAX COLLECTED UNDEf~ THE PROVISIONS OF 16-11-111 ON EACH PACKAGE OF

CIGARETTES MUST BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE CREDIT OF THE

DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES FOR THE OPERATION AND MAINTENANCE

OF STATE VETERANS' NURSING HOMES.

rnru All romainin!l REMAINING revenue collected under the provisions of 16-11-111, less the

e1,pense of sollesting the taxes, must, in accordance with the provisions of 15-1-501, be deposited as

follows:

~ +9-.-7-&!¼. 82.17 % in the long range building program state general fund in the debt service

41R4-P,'f3-0; and

~ 20.20 % 17 .83% in the long-range building program account provided for in 17-7-205."


2 7 "16-11-206. Wholesaler's discount -- disposition of taxes. The taxes specified in this part that are



30 deposited by the department in the Ieng range euildin!l pre€jraFR aeet seP~ise state general fund. Refunds

, Legislative '-, Services \ Divbiion

- 22 HB 166


of the tax paid must be made as provided in 15-1-503 in cases in which the tobacco products purchased


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"17-1-508. Review of statutory appropriations. ( 1) Each interim, the legislative finance committee

shall review each statutory appropriation that is contained in a section listed in 17-7-502 and that is not

exempted under subsection (6) of this section and shall review the sriteria guidelines set forth in subsecnon

(4) to eliminate statutory appropriations that no longer fulfill a legislative need and to ensure that legislative

policy is clearly stated concerning the use of statutory appropriations.

(2) Each biennium, the office of budget and program planning ans the legislative fiscal analyst shall,

in development ans analysis of the executive budget, identify instances in which statutory appropriations

in current law do not appear consistent with the criteria guidelines set forth in subsection (4).

(3) As part of each agency audit, the legislative auditor shall review statutory appropriations to the

agency and report instances in which they do not appear consistent with the Gfitefi.a guidelines set forth

in subsection (4).

(4) The review of statutory appropriations must determine whether a statutory appropriation meets

the requirements of 17 1 iiOii 17-7-501. A statutory appropriation from a continuing and reliable source


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appropriations, the legislature shall consider the following guidelines. A statutory appropriation may be


(a) the fund or use requires an appropriation;

lb) the money is not from a continuing, reliable, and estimable source;

(cl the use of the appropriation or the expenditure occurrence is not predictable and reliable;

Id) the authority does not exist elsewhere;

(e) an alternative appropriation method is not available, practical, or effective;

(fl other than for emergency purposes, it does not appropriate money from the state general fund;

(g) the money is dedicated for a specific use;

(h) the legislature wishes the activity to be funded on a continual basis; and



,:"Legislf11ive "\Services \!!jvision

- 23 - HB 166


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legislation that proposes to create or amend a statutory appropriation. It shall, consistent with the f&Vi&w

pro•;isions guidelines in this section, review each~ of these pieces of legislation that proposes to sreate

or all'lend a statutory appropriation. Its findings concerning the statutory appropriation must be contained


(6) The legislative finance committee shall establish procedures to facilitate a biennial review and


7 appropriation is not necessary, the statutory appropriation may be exempt from future review."

8

9 Section 21. Section 17-5A03, MCA, is amended to read:

1 0 "17-5-403. Form, principal and interest, fiscal agent, and deposit of proceeds. ( 1) Each series of

11 6HGl=I long-range building program bonds~ must be issued by the board upon request of the department,

12 in 6HGl=I denominations and form, whether payable to bearer or registered as to principal or both principal

1 3 and interest, with wB4 provisions for conversion or exchange and for the issuance of notes in anticipation

14 of the execution and delivery of definitive bonds, bearing interest at wB4 the rate or rates, maturing at wB4

15 times not exceeding 30 years from date of issue, subject to redemption at~ earlier times and prices and

16 upon wB4 notice, and payable at the office of wB4 the fiscal agency of the state as the board shall

17 determine, subject to the limitations contained in this seotien and 17-5-402 and this section.

18 12) In the issuance of each series of wB4 bonds, the amount, maturities, and interest rates thereof

19 ~ must be fixed in wB4 2 manner that the maximum amount of principal and interest to become due in

20 any subsequent fiscal year on all ~ outstanding bonds than 01Jtstandin§ and on the series w to be

21 issued will not exceed 50% of the average annual amount collected during the 3 then nm,t preceding fiscal

22 years from the 6f3<!Gial taxes pledged by law to the debt service account at the time of wB4 issuance,0

23 oxsopt that this This provision~ may not constitute a covenant of the state for the security of the bonds


25 subsection in any manner after all bonds issued prior to that date and the interest thereon have on the

26 bonds have been fully paid or the state's liability thereon has been otherwise fully discharged.

27 (3) In all other respects, the board is authorized to prescribe the form and terms of the bonds and

28 shall do whatever is lawful and necessary for their issuance and payment. ~ The bonds and any i~terest

29 coupons appurtenant thereto shall to the bonds must be signed by the members of the board, and the

30 bonds SHaU must be issued under the great seal of the state of Montana. The bonds and coupons may be

( LegislaJive \Services

:.... Di11ision ·-- 24 - HB 166


executed with facsimile signatures and seal in the manner and subject to the limitations prescribed by law.

2 The state treasurer shall keep a record of all St1GR long-range building bonds issued and sold.

3 (4) The board is heresy autherized te may employ a fiscal agent to assist in the performance of

4 its duties hereunder under this part.

5 (5) All proceeds of bonds issued hereunder shall under this part must be deposited in the capital

6 projects fund, except that any premiums and accrued interest received &Ral-1 must be deposited in the debt

7 service account."

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Section 22. Section 1 7-5-404, MCA, is amended to read:

"17-5-404. Use of capital projects fund. The capital projects fund &Ral-1 must be segregated by the

treasurer from all other money in that or any other fund in the state treasury and used only to pay costs

of the long-range building program. The department may transfer all money authorized ey the legislature

fer its administrati'le e>(J30Aditures from the capital projects fund to a special revenue fund, and for sush

purpeses the meney is statutorily ap13re13riat0d as pre"ided in 17 7 fi02 the amount appropriated by the

legislature from the special revenue fund for administrative expenses."


"17-5-405. Debt service account. ( 1 l J;rom and after the 13l0dg0 and appropriatien of anv spesial

tal( to the deet servise asso.int, as pro•,idoa ana sontomplated in this sestion, 17 fi 407, and 17 fi 408,

susl=I tai< sl=lall sontim1e in terse and shall 00 availaele and shall ea pleaged and apprepriated fer the

pavment ef long range Building pregram sends, and all meneys reseived from the sollestion thereof shall

ee de13esitoe ev tho treasurer to the sroeit of the deet servise assount.

(2) Mo spesial tai<es pled90d to tl=le dest sorvise assount en .January 1, 1973, shall ee dissontinuoe

or di,,erted to ether funels until all sanels issueel pursuant to tl=lis 13art 13riar ta that date anel the interest

thereon havo seon fully 13aiel or tho state's liasilitv tl=loroen has seen fully disshargoel, oi<so13t ts the e><tent,

if an•,', that tho right so ts de l=las soon res0P1eel in the reselutions a1,1tharizing the issuanse ef s1,1sh sends.

(3) a.isjest to tho 13re•1isiens of s1,1ssestions (1) anel (2), the state rosop•os the ri9ht ta madify from

time ts time the nat1,1rn and amount of spesial ta><es ta 00 de13esit0d te tl=le sredit ef tl=le elest servise

assa1,1nt.

-14-till Money in the debt service account &Ral-1 must be used:

- 25 - HB 166


i.fil first, to pay interest and principal when due on long-range building program bonds;

2 .(Q)_ second, to accumulate a reserve in the amount required bele-w in subsection 11 )(c), for the

3 further security of~ the payments; and

4 iJj third, to maintain tRi& the reserve in an amount at least equal, after each interest and principai

5 payment, to the maximum amount of interest and principal Wffi6fl that will become due on all~ bonds

6 wJ:\i6j:\ that are tfleH outstanding in any subsequent fiscal year.

7 ™W Money at any time received in the debt service account in excess of the principal, interesr,

8 and reserve requirements stated in subsection {4+ ill &l:\all must be transferred by the treasurer to the

9 general fund. If the balance at any time on hand in the debt service account is not sufficient for compliance

1 O with subsection {4+ ill, the treasurer shall credit to saiG the debt service account an amount sufficient to

11 restore saiG the balance from the noxt celloctions of tho special taxos appropriated to sais account ans fro Al

12 any other collections of tmws appropriated to tho general fund, not exceeding tho a99ro9ato amount

13 therotofore transferred fronl the setit service account to the general f1cJns."

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"17-5-408. PorsoRtago of iRsomo, sorporatioR lisoRso, aREI cigarette tax plellged Pledge of money

to comply with principal, interest, and reserve requirements. (1) {at The state pledges and appropriates and

directs to be credited as received to the debt service account money rosoivod from tho collection of the

individ1cJal income tax and, □>,capt as provided in 16 31 702, Aloney roeei 11od from the celloction cf tho

corporation license and inooA1e tax, as provides in 1 ii 1 iiO1, as mav at aRy time tie needed to comply with

the principal and interest and reserve requirements stated in 17-5-4O5{4.}ill,

AAJ1l The pledge ans appropriation made by this section ai:e i§. a first and prior charge upon all

money received from the collection of the enuAleratea taxes.

(2) Except for the amo1cJRt cresitos to tho veterans' homo maintonanco ans impro 11oment acsount

1cJnsor 1 e 11 11 Q, tho sMte plosgos aRd appropriates ans sirects to tie cresites to tho detit s□P 1 ico account

79.76°' of all roA=1ainin9 ffionev recoi\•Oa freffi the collostion of tho excise tax. on cigarettes that is lo•;iod,

iA'lpesoa, and assesses tiv 1 e 11 111. Tho state also plos9os ans appropriates ans sirocts to tio cresites

as receives to tho sotit service account ull mone'f roceivoa froffl the collection of the taxes on other toaasco

proc:lusts that aro er A'lay tio imposes for that purpose, inslusing tho ta)( imposes tiv 1e 11 2G2. This

sostion seas net iAlpair OF othorwiso affost tho previsions anc:I GO'<enants sentainss in the rosolYtions

!~ Legislative \Services

~. Division , __ .. • 26 - HB 166


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authorizin9 the presently outstansin9 lon9 ran9e suilsin9 pro9raA'1 sonEls. Susjest to tho pr011isions of tho

presesing sentonoe, the pleEl90 anEI appropriation A'laEle s•; this sestion are a first ans prior oharge upon all

A'lono~• roseivos froA'l the sollostion of all tai10s reforros to in this sul3sostion."






1 O the capital projects account to a special revenue fund, ans for sush purposes the A'lono•; is statutoril·r

11 appropriatoEI as provises in 17 7 002."

12











23 so; and







30 (bl Other public funds may not be invested in private corporate capital stock. "Private corporate

: Legislative \Services \I!jvlsion

- 27 - HB 166


capital stock" means only the common stock of a corporation.

2 (3) (a) This section does not prevent investment in any business activity in Montana, including





7 (c) In discharging its duties, Hie board shall consider the preservation of purchasing power of


9 (d) The board may not make a direct loan to an individual borrower. The purchase of a loan or a

1 O portion of a loan originated by a financial institution is not considered a direct loan.

11 (4) The board has the primary authority to invest state funds. Another agency may not invest state


13 with the laws and constitution of this st.ate. The board has the power to veto any investments made under








21 le) keep an account of the total of each investment fund and of all the investments belonging to


23 16) The board may:

24 la) execute deeds of conveyance transferring all real property obtained through foreclosure of any

2 5 investments purchased under the provisions of 17-6-211 when full payment has been received for the

26 property;


28 and 17-6-105;

29 (c) direct the sale of any securities in the program at their full and true value when found necessary


i Legislative )Services '\!!fvision

- 28 - HB 166


(d) expend funds needed to cover costs of necessary repairs to property owned by the board as

2 an investment. Ths 0xp0nditur0s mav 00 made direstly ey ths esard and ars statuterily apprepriatod, as

3 rirevided in 17 7 602. Repairs that cost in excess of $2,500 must be bid, and the bid must be awarded in



6 17) The cost of administering and accounting for each investment fund must be deducted from the


8 !8) At the beginning of each fiscal year, the board shall, from the appropriate fund, reimburse the


1 O are not covered by payback funds available from the account established in 90-3-305."

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13 "17-7-502. Statutory appropriations -- definition -- requisites for validity. I 1) A statutory


1 5 without the need for a biennial legislative appropriation or budget amendment.



18 (a) The law containing the statutory authority must be listed in subsection 13).




22 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-31O;10-3-312; 10-3-314; 10 4 301; 15-1-111; 15-23-706;

23 15-30-195; 15-31-702; 15-37-117; 15-38-202; 11i 66 121; 15-65-121; 15-70-101; 16-1-404; 16-1-406;

24 1e 1 410; 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17 6 404; 17 6 424; 17 6 804; 17-6-101;

25 17 s 201; 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513;

26 19-18-606; 1 Q 1 Q 206; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20 Q 3€i 1; 20-26-1 503; 23-5-1 36;

27 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32 1 637; 37-43-204;

28 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623;

29 i.i0 6 232: 60 10 200; e3 6 160; 53-6-703; 53-24-206; 60 2 220; 67-3-205; 75-1-1101; 76 6 110s;

30 76 6 214; 75-5-1108; 75-6-214; 75-11-313; 76 12 123; 80-2-103; 80-2-222; 80-4-416; 81-5-111;

- 29 - HB 166

55th Legislature HB016603

82 11 13€i; 82-11-161; 80 1 220; 85-20-402; 90 3 301; 90-4-215; 90-6-331; 90 7 220; 90 7 221; and

2 90-9-306.

3 14) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing,





8 bonds or notes have statutory appropriation authority for the payments. (In subsection ( 3): pursuant to sec.


10 supplemental benefit; and pursuant to sec. 712). Ch. 29, L. 1995, the inclusion of 15-30-195 terminates

11 July 1, 2001.)"

12


14 "17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory



17 (2) Except as provided in subsection 14), to be effective, a statutory appropriation must comply






23 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 1 e 1 111; 15-23-706;

24 15-30-195; 15-31-702; 15-37-117; 15-38-202; 10 es 121: 15-65-121; 15-70-101; 16-1-404; 16-1-410;

25 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-5-404; 17-5-424; 17-5-804; 17-6-101; 176-201;

26 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606;

27 19-19-205; 1 9-19-305; 19-19-506; 20-8-107; 20 8 111; 20-9-361; 20-26-1 503; 23-5-136; 23-5-306;

28 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501;

29 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623; 50-5-232;

30 50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214;

, Legislative " 1Service.s

c.,_ Division ·-- 30 - HB 166


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75.5.1108: 75-6-214; 75-11-313; 7e 12 123; 77-1-505; 80-2-103; 80-2-222; 80-4-416; 81-5-111;

82-11-136; 82-11-161 ; 85-1-220; 85-20-402; 90-3-301; 90-4-215; 90-6-331; 90-7-220; 90- 7-221 ; and

90-9-306.

(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing,

paying, and securing all bonds, notes, or other obligations, as due, 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 13): pursuant to sec.

7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for

supplemental benefit; and pursuant to sec. 7(2), Ch. 29, L. 1995, the inclusion of 15-30-195 terminates

July 1, 2001.)"


"19-19-205. Actuarial valuation of police retirement fund. (1) The city treasurer shall submit to



18 valuation &l:l.ill must consider the actuarial soundness of the police retirement fund for the 2 preceding fiscal

19 years.

20 (2) The valuation is-ro must be prepared by a qualified actuary selected by the department. A




24 the state aueitor treasurer a request for payment of the expense incurred in securing the actuarial valuation.

25 The expense may not exceed $6,000 in any fiscal year. The state aueitor treasurer shall make payment to

26 the actuary designated in the request. The pa'y'FR0At is statutorily aJ.lpropriated as f.lFO¥ided iA 17 7 e02."

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"20-3-108. Division of resources and assessment assouRt funds. Thora is a reso.irsos amJ

assessrAeAt assouRt iR tl:io state spesial re 1,0Rue fund. Funds derived from the sale of educational materials

- 31 - HB 166


or services provided by the division of rnsources and assessment &flail must be deposited in the resoursos

2 and assessment assount state general fund. In adclition to other a\·ailaslo hmds, the su130riAtendont of

3 13uslis iAstrustioA shall use these fumls for tho operation and maintenanso of tho di 11ision of rosourses aoo

4 asseG6Fflont as auti=l0ri20cl 13y 20 J 106."

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8 education i=las a staH.1t0ry appropriation, as provi1fod in 17 7 s02, ane shall, either directly or through a


1 O mado evor transferred to w4I the board or to the state of Montana by purchase, gift, devise, or bequest,

11 or otherwise acquired and the proceeds, interest, and income ti=leraof of the property for the use and benefit

12 of sai4 the school for the deaf and blind. All donations, gifts, devises, or grants macle 13aforo, en, or after

13 Ostoser 1, 1 Q8J, ta ti=le ssi=lool si=lall vest in the board or its designee, as trustee for the state of Montana,


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SECTION 32. SECTION 20-9-360. MCA, IS AMENDED TO READ:

"20-9-360. State equalization aid levy.++¼ There is a levy of 40 mills imposed by the county

commissioners of each county on all ta~:able property within the state, except property for which a tax or

fee is required under 23-2-517, 23-2-803, 61-3-504(2), 61-3-521, 61-3-527, 61·3·537, and 67-3-204.

l,)(sept as previclacl in sussastion 12), pFElseee& Proceeds of the levy must be remitted to the state treasurer

and must be deposited to the credit of the state general fund for state equalization aid to the public schools

of Montana.

(2) ~or ti=lo 13onefit ef oasi=l munisipalit•( ti=lat srsatecl an ursan renewal area ancl adoptee a tmf

insroment finansing J;)ro 11isien for the ursan ronewal area prier te July 1, 1 QQO, the state treasurer si=lall

Elistri13l.lte sash fissal •foar from ti=la state equali~ation aicl levy to tho munisipality the amount, if any, equal

to tho 13roclust of the insreFflental ta)(asle ¥alue of the ursan renewal area times the rodused sshool levy

for tho area, sash salsulatoe for ti=le fissal year. The reElusoEI ssi=lool levy for a fissal year is the difforonse

00tw00n the aggregate aA'letJnt sf all 13roparty ta)( levies for ssheel 13ur13eses iR ti=le 8rsan roRewal area,

e)(pressoEI in mills, in the fissal ~·ear enEled Juno 3Q, 1 Q8Q, and the aggregate aA'leunt of all property ta)(

levies for sshool pl.lrl}eses iR ti=le area er the distrist, B*IJFBssed in mills, iR ti=le fissal year, iRslucling the state

- 32 · HB 166


1 BE1uali2atisn aia levy. Tho state troas~JFor shall aistrieuto tho an,ounts to n,unisi13alitios in two equal

2 installn,onts sn 0oson,eor 31 ana JtJno 30 of tho fissal year."

3


5 "20-9-361. State aAd seuAt'/ County equalization revenue statutery apprepriatieA. +++ Revenue




9 (2) ~evonue reseivoa frsn, the state oquali2atien aia IB"Y fer a n,unisi13ality that sreatea an urean

1 O renewal area ana aaeptea a ta1< insren,ont finansin!l 13revisien fer the urean renewal area prior ta dul~• 1,

11 1 QQO, is statuteril•( appropriated, as 13reviaea in 17 7 !i02, to eo aistrieutoa as previaoa in 20 Q 3€50121."

12








20 of it.


22 (3) A depositor or creditor of a liquidated bank who has not been paid the amount standing to the





27 If the department approves the claim, it shall pay the claim to the depositor or creditor. Tho n,snoy

28 seJJesitea in the !Jeneral ftJna pursuant ta this ssstien is statutoril•; JJJprepriated, as previaed in 17 7 !i02,

29 to the doJ)artn,ent fer tho JJurpeso ef payin!l apprevoEI slain,s "

30

( Legisl.ative \ .. Serv,cu ~.,lJjvision

- 33 - HB 166



2 "37-43-204. Earmarked money for board expenses -- expenditure of funds from bonds. (1 ! All

3 money collected under this chapter must be deposited in the state special revenue fund and mav be used





8 (2) The board may accept and expend all funds received from bonds required by 37-43-306. The


1 O this chapter or the rules of the board, or to pay any administrative costs incurred by the board under


12 statutorily appropriated as provided in '17-7-502."

13

14 Section 36. Section 39-71-50~1, MCA, is amended to read:

15 "39-71-503. Administration o1 fund-· appropriation. (1) The department shall administer the fund


17 (2) Surpluses and reserves may not be kept for the fund. The department shall make payments that








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Section 37. Section 39-71-53"1, MCA, is amended to read:

"39-71-531. Definition of und,~rinsured employer. For purposes of 39-71-531 through JQ 71 Ii a4

39-71-533, the term "underinsured employer" means an employer who knowingly misrepresents the duties

of an employee in order to pay lower workers' compensation rates than the employer would have been

required to pay if the character of the employee's work had been properly classified. The term "knowingly"

C legislative 1Sen,ices \!)jvision

- 34 - HB 166




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4 "39-71-533. Collection of payments from underinsured employer. If, upon demand of the






9

10

11 "39-71-2354. Use of old fund liability tax proceeds -- loans•· bonds. (1) :i:-es Subject to

12 39-71-2503(2), taxes collected under 39-71-2503 may be used only to administer and pay claims for

13 injuries resulting from accidents that occurred before July 1, 1990, including the cost of repaying bonds

14 issued and loan proceeds given under 39-71-2355 and this section. If the state fund determines that, for

15 the next 1 or more years following the date of the determination, the tax revenue, together with funds in

16 the account required by 39-71-2321 for claims for injuries resulting from accidents that occurred before

17 July 1, 1990, will be insufficient to administer and pay those claims, the state fund may, through its board

18 of directors, request the budget director to certify to the board of investments that additional funding is

19 necessary. If the budget director agrees with the state fund's board of directors that additional funding is

20 necessary, the budget director shall certify to the board of investments the amount that the budget director

21 determines is necessary to administer and pay claims for injuries resulting from accidents that occurred

22 before July 1, 1990. Except as provided in subsection (2), the board of investments shall, at times and in

23 amounts that it considers necessary or advisable, finance the amount certified by the budget director by

24 giving the state fund the proceeds of a loan or a bond issue to administer and pay claims for injuries

25 resulting from accidents that occurred before July 1, 1990. Loans must be from reserves accumulated from

26 premiums paid to the state fund based upon wages payable on or after July 1, 1990. The board of




30 state fund, give the state fund the proceeds of a bond issue, to be used to pay off loans made under

- 35 - HB 166


39-71-2355 and this section. Bonds for the state fund must be workers' compensation bonds issued under

2 39-71-2355.


4 issued under 39-71-2355, except bonds issued to repay loans as provided for in subsection {1), may not

5 exceed $220 million. All loan and boncl proceeds given to the state fund must be repaid to the board of


7


9 "39-71-2503. Workers' compensation old fund liability tax. (1 I (a) There is imposed on each

1 0 employer, except an employer whose employees are covered by federal workers' compensation legislation,


1 2 old fund liability tax provided in 39-71-2505, of the wages paid by the employer:


14 15-30-204( 1);

15 {ii) for the preceding month for employers subject to the payment schedule contained in

16 15-30-204(2); and


18 15-30-204(3){a).

19 (bl There is imposed on each employee, except an employee who is covered by federal workers'



22 wages.

23 (cl (ii There is imposed on each business of a sole proprietor, on each subchapter S. corporation

24 shareholder, on each partner of a par1tnership, and on each member or manager of a limited liability




28 (ii) The tax imposed in this subsection ill(c) applies only to the ordinary income of a shareholder,



Clegislative '-,

1 Services

's.!!jvision - 36 - HB 166


subsection W(c).

2 (d) A corporate officer of a subchapter S. corporation who receives wages as an employee of the

3 corporation shall pay the old fund liability tax on both the wages and any distributive share of ordinary·


5 officer's wages.

6 (e) A corporate officer of a closely held corporation who owns stock in a closely held corporation




10 (f) ::i::.i.iG The old fund liability tax deposited in the account established in 39-71-2504 must be used





15 repayment account contains on the first day of that period an amount, regardless of the source, that 1s in




19 (g) Each employer shall maintain the records that the department requires concerning the old fund





24 this section.







\ Legisl!'tive \Services

~,_!!jvision - 37 - HB 166


the old fund liability tax required by this section.

2 (2) Ali After depositing 1 .20% THE AMOUNT APPROPRIATED TO THE DEPARTMENT OF REVENUE




6 (3) (a) Tax payments and returns required by subsections ( 1 )(al and ( 1 }(b} must be made pursuant

7 to 15-30-204. +Re After depositing the portion of the tax in the state general fund, the department shall



1 O (b} Tax payments due from sole proprietors, subchapter S. corporation shareholders, partners of


12 time as the returns filed pursuant to 15-30-144 and 15-30-241. +Re After depositing the portion of the tax



15 (41 An employer's officer or ,employee with the duty to collect, account for, and pay to the








23 161 The department of labor and industry and the state fund shall give the department a list of all




2 7 to their computer data bases and paper 1files and records for the purpose of the department's administration


29 (71 The provisions of Title 15, chapter 30, that are not in conflict with the provisions of this part


- 38 - HB 166


credits for overpayment, statute of limitations, penalties, estimated taxes, and department rulemaking



4 department."

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"39-71-2504. Workers' compensation bond repayment account. ( 1) There is a workers'

compensation bond repayment account in the enterprise fund.

(2) Al+After depositing 1 .20% THE AMOUNT APPROPRIATED TO THE DEPARTMENT OF REVENUE

FOR THE COLLECTION OF THE OLD FUND LIABILITY TAX in the state general fund, all remaining

collections of the tax imposed under 39-71 -2503 and the interest and penalties on the tax must, in

accordance with the provisions of 15-1-501, be deposited in the workers' compensation bond repayment

account. All money deposited in the workers' compensation bond repayment account must be retained 1n

the account to the extent necessary to pay the principal of and the redemption premium and interest due

on workers' compensation bonds issued under 39-71-2354 and 39-71-2355 and to establish and maintain

a reserve for the bonds equal to the maximum annual principal of and interest on the bonds in any future

year. The balance in the workers' compensation bond repayment account is statutorily appropriated, as

provided in 17-7-502, to the state fund to be used to reduce the unfunded liability in the state fund incurred

for claims for injuries resulting from accidents that occurred before July 1, 1990."


"49-2-510. Procedures and remedies for enforcement of housing discrimination laws. (1) A




26 discovered.

27 (2) (al Except as provided in subsection (2)(b), if the commission, in a hearing under 49-2-505,




1 Legislalive \services \_!!.fvision

- 39 - HB 166

55th Legislature H80166 03

assess a civil penalty:

2 (ii in an amount not exceeding $10,000 if the respondent has not been found to have committed





7 (iii! in ;in amount not exceeding $50,000 if the respondent has been found to have committed two

8 or more discriminatory housing practIc,3s in violation of 49-2-305 during the 7-year period ending on the

9 date of the filing of the compla'int.

1 0 (b) If the acts constituting the discriminatory housing practice that is the object of the complaint


12 constituting a discriminatory housing practice, the civil penalties provided in subsections (2)(a)(ii) and

13 (2)Ialliii) may be imposed without regard to the period of time within which any prior discriminatory housing


15 (3) In the case of an order with respect to a discr'1minatory housing practice in violation of



1 8 order is judicially reviewed, no later than 30 days after the order is in substance affirmed:

19 la) send copies of the findings of fact, the conclusions of law, and the order to the licensing or


21 (bl recommend to the licensin!J or regulatory agency appropriate disciplinary action, including,

22 ~ when appropriate, the suspension or revocation of the license of the respondent.

23 141 (a) When a complaint is filed under 49-2-305, a complainant, respondent, or aggrieved person







30 the allel)ations of the complaint are supported by substantial evidence. If the commission staff has made

Legis~atil•e ,Serwces ~, Divi.<tion

- 40 - HB 166


a finding that the allegations of the complaint are not supported by substantial evidence, the complainant

2 may commence a civil action in an appropriate district court in accordance with subsection (5). An



5 (bl The commission may not continue administrative proceedings on a complaint after an election

6 is made in accordance with subsection (4)(al.

7 (5) (a) An aggrieved person may commence a civil action in an appropriate district court within 2









16 a complaint filed with the commissionL except as provided in subsection I5)(d). If the commission has





21 of a trial of a civil action commenced by the aggrieved party under this subsection (5) seeking relief with


23 Id) An aggrieved person may not commence a civil action under this subsection (5) with respect



26 (el Upon application by a person alleging a violation of 49-2-305 in a civil action under this

27 subsection (5l or by a person against whom the violation is alleged, the court may:

28 Ii) appoint an attorney for the applicant; or

29 Iii) authorize the commencement or continuation of a civil action without the payment of fees,


[ legislative "· Services ~J!jvision

- 41 - HB 166

5 5th Legislature HB0l 66.03

civil action.


3 subsection (5) if the commission certifies that the case is of general public importance. Upon intervention.

4 the commission may obtain the same relief that would be available to the commission under subsection i7!.





9 (71 (a) Whenever the commission has reasonable cause to believe that a person or group of persons

1 O is engaged in a pattern or practice in violation of 49-2-305 or that a group of persons has been





1 5 agreement.

16 (b) The commission may file a civil action under this subsection (71 within 18 months after the




20 (I) in an amount not exceeding $50,000 for a first violation; and

21 (iii in an amount not exceeding $100,000 for any subsequent violation.

22 (di Upon timely application, a person may intervene in a civil action under this subsection (7) that


24 (8) Civil penalties under this section must be paid to the state treasurer to be deposited in aft

25 aooount in the state 013ooial revenue general fund to be used by tt=lo commission tor i:iousin§ discrimination

26 enforcement."


27

28

29 "50-5-112. Civil penalties. ( 1) A person who commits an act prohibited by 50-5-111 is subject


- 42 - HB 166


2 of this chapter or of a rule, license provision, or order adopted or issued pursuant to part 1 or 2. The








9 patient;

10 ill the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;

11 MG

12 i£l. the degree of deviation committed by the facility from a requirement imposed by part 1 or 2


14 tb+@ other matters as justice may require.

1 5 (3) A penalty collected under this section must be deposited in the patient wstestion assount

16 pro,.,ided far iF1 eQ e 232 state general fund.

17 (4) In addition to or exclusive of the remedy provided in subsection ( 1). the department may pursue

18 remedies available for a violationL as provided for in 50-5-108L or any other remedies available to it."

19


21 "50-5-113. Criminal penalties. ( 1) A person is guilty of a criminal offense under this section if the



24 of the person:


26 (bl omits material information or makes a false statement or representation in an application,



29 or


\ Legisl!'live \.,Services \_!!jvision

- 43 - HB 166


required to be maintained or filed in compliance with a provision of part 1 or 2 of this chapter or 1n


3 12) A person convicted under subsection 11) is subject to a fine of not more than $1,000 for the

4 first offense and not more than $2,000 for each subsequent offense for each day that a facility 1s in





9 (al the gravity of the violation in terms of the degree of physical or mental harm to a resident or

1 0 patient;

11 .(Ql the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;

12 aoo

13 isj the degree of deviation committed by the facility from a requirement imposed by part 1 or 2


1 5 fbt.lc;!l other matters as justice may require.

16 14) Prosecution under this section does not bar enforcement under any other section of this chapter

1 7 or pursuit of any other appropriate remedy by the department.



20 (6) A penalty collected under this section must be deposited in the patient protostion assount

21 proYidod for in sO s 232 state general fund."

n



25 in the state speci11I revenue fund. ::i::.4&w,oney in tho asceunt is statutorily appropriated to tho dopartmont

26 as pro><ided in 17 7 s02.

27 12) There is deposited in the patient protection account;.

28 la) penalties Gollosted pursuant to part 1 or 2 of this sha13tor;

29 fbt money received by the department in the form of gifts, grants, reimbursements, or

30 appropriations from any source that are intended to be used for the purposes of the account;--a,R4

legislative '· .Service.,

:..,, Djvi,iinn - 44 - HB 166


(ol interest earneel en FRono•( in the asso1,1nt.


3 (al to pay for the costs of a receivership; and

4 (b) to pay for the cost of department-initiated relocation of residents.


7

8

9


"50-40-206. Special revenue account -- donations for smoking areas statutory apprepriation.

10 (1) There is an account in the state special revenue fund for the establishment of designated smoking areas


12 (2) The department of administration is authorized to accept donations to pay for the establishment


14 special revenue account established in subsection ( 1).

15 (3) The money in the special revenue account esta13Iisheel in s1,113seotion ( 1) is statutor1l-y

16 appropriateel, as pro,•ielee in 17 7 li02, to must be used ~ the department of administration to pay for the


18

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20

21

22

23

24

25


"53-6-150. Statutory appropriation of donated Donated funds.+++ The department of public health

and human services may receive private funds and nonfederal and nonstate public funds for its medical

assistance programs. Donated funds must be matched with federal funds whenever possible.

(2) Funels donated to the elepartFRent fer its FReelisal assistanse pro§JraFRs are stat1,1torily

appropriated te the elepartFRont as pro.,ielee in 17 7 602."


27 "53-19-310. NfR6 Account for telecommunications services for the handicapped. ( 1) There is an

28 account for telecommunications services for the handicapped in the state special revenue fund in the state

29 treasury. The account consists of.;

30 tat all monetary contributions, gifts, and grants received by the committee as provided In

( Legisl!'tive , Services ~!!jvision

- 45 - HB 166


5 3-1 9-309;--.a.ie

2 lb) all charges billed and oolleotod 13ursuant to ii3 1 Q 311.

3 (2) The money in the account is allocated to the committee for purposes of implementing this part.

4 (3) I' II ex13enditures of the eemrnittee i,n administeri,ng tl=>is 13art must be 13ai,d from mono•r do13ositod

5 in tho aeoount "


6

7

8 "53-19-311. Special assessm,ent. ( 1) A charge of 10 cents a month may be assessed on each


1 O of this part.

11 (2) Each customer of a local exchange company is liable for payment to the local exchange

12 company of any charge properly imposed pursuant to this part. The local exchange company is not liable

13 for any uncollected charge, nor does the company have an obligation to take legal action to enforce the



16 ( 1). Except as provided in subsection (4), all charges billed and collected by a local exchange company must



19 in the state general fund established in 03 1 Q 31G to the orodit of the committee.



22 (3)."

23


25 "53-24-108. Utilization Use of funds generated by taxation on alcoholic beverages. (1) Revenue

26 generated by 16-1-404, 16-1-406, 4-9--1-4-Gi-, and 16-1-411 to state-approved private, nonprofit or public



29 ( a) as payment of fees for alcoholism services provided by state-approved private, nonprofit or


I legislative " 1 Services ---._pjvision

- 46 - HB 166


(b) as grants to state-approved private, nonprofit or public alcoholism programs.


3 generated by 16-1-404, 16-1-406, 1 e 1 4Gil, and 16-1-411.

4 (3) Ne 6 person operating a state-approved alcoholism program may not be required to provide

5 matching funds as a condition of receiving a grant under subsection ( 1) ef this sestien.

6 (4) In addition to funding received under this section. a person operating a state-approved



9 (5) Ne 6_ person receiving funding under this section to support operation of a state-approved



1 2 (6) A grant made under this section is subject to the following conditions:



1 5 which grant support is sought.


17 in the grant application, the amount of the excess sl=lall must be reported to the grantor.

18 (cl The excess sl=lall must be used by the grantee under the terms of the grant in accordance with


20 (il use for any purpose that furthers the objectives of the legislation under which the grant was

21 made; or

22 Iii) to allow program growth through the expansion of services or for capital expenditures necessary


24 17) Revenue generated by 16-1-404, 16-1-406, 1e 1 4Gil, and 16-1-411 for the treatment,

25 rehabilitation, and prevention of alcoholism WfliGl:I that has not been encumbered for those purposes by the

26 counties of Montana or the department sl=lall must be returned to the state special revenue fund for the


28 wi-14 must be distributed by the department the following year as provided in 53-24-206{3l(b)."

29


C legislative \Services '\!!jvision

- 47 - HB 166


"60-2-220. Butte-Anaconda cultural heritage area -- signs -- location and design -- funding. ( 11



4 subsection (41, erect and maintain at specified locations on the primary and interstate highways in Silver


6 (31 The consolidated governments of Butte-Silver Bow and Anaconda-Deer Lodge shall design the


8 of each sign.


10 governments, or private persons for the purposes of subsections (21 and (3) and may expend, as a statLJtory

11 a1313ro13riatioR 1,1RElor 17 7 602, the money received for those purposes.

12 151 As used in this section, "department" means the department of transportation provided for in

13 2-15-2501."

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Section 52. Section 60-11-1 20, MCA, is amended to read:

"60-11-120. Railroad and inte1rmodal transportation facility loans and grants -- authorization -

eligibility. I 1) Money E1013osit0EI iR tho spooial railroaEI faoilities a REI iRtermoaal traRs13ortatioR faoilitios

acso1,1Rt. creates iR eO 11 122 appropriated by the legislature may be used by the department of

transportation, after deducting the necessary costs and expenses for administering this section, to provide

loans and grants for the preservation and continued operation of railroad branch lines identified in

60-11-111 and for the development and improvement of intermodal transportation facilities. Proceeds of

all repayments of loans, including interest, made under this section must be deposited in the spacial railroad

fasilitios aRd iRtermodal traRsportatioR facilities aooo1,1Rt state general fund.

(2) An owner or operator of a railroad identified in 60-11-111 (2) is eligible for a loan or grant under

this section pro¥iaoa that if the owner or operator:

(al undertakes to repair, improve, or replace rail facilities to allow the continued operation of the

railroad for local rail transportation service; and

(bl derives revenue from the continued operation of the railroad.

(3) A port authority created under Title 7, chapter 14, part 11, is eligible for a loan or grant under

this section for the development or improvement of an intermodal transportation facility under this section

- 48 - HB 166


1 previses that if:


3 U.S.C. 135; and

4 (b) the intermodal transportation facility for which a loan or grant is sought is integrally related to

5 the railroad transportation system of the state . ."

6




10 Montana by an operator of a railroad owned by the state of Montana must be deposited in the ~

11 railreas faoilities anEl intsrrnesal transportation faoilitias aooeunt oreateEl in 60 11 122 state general fund.

1 2 (2) The department of transportation is authorized to administer, as provided in 60-11-120 through

1 3 60-11-123, the SJ'lBGial railreae fasilitiss anEl interrnesal transportation faoilities aossunt sreatee in

14 60 11 122 funding available to provide for improvement of railroad tracks and associated facilities of any



17


19 "61-3-509. Disposition of taxes. (1) Except as provided in subsection (2), the county treasurer

20 shall. after deducting the district court fee, credit all taxes on motor vehicles and fees in lieu of tax on

21 motorcycles, motor homes, travel trailers, and campers collected under 61-3-504, 61-3-521, 61-3-5 27, and





26 (2) The county treasurer shall deduct as a district court fee 7% of the amount of the 2% tax




30 fund. The state treasurer shall credit amounts received under this subsection to the §Bneral state special

( Legisl_ative ,Services \.!!,;vision

- 49 - HB 166


revenue fund to be used for purposes of state funding of the district court expenses as provided rn

2 3-5-901."


3

4

5 "61-5-121. Disposition of fees. ( 1) The disposition of the fees from driver's licenses ~-M

6 in 61 6 111 (7)(a), motorcycle endorsements pro,,ided ter in 61 6 111 (7)(b), commercial driver's licenses

7 pro11id0d for i,n e1 6 111 {7Hol, and duplicate driver's licenses provided for in 61-5-114 is as follows:

8 (al The amount of~ 16.7% of each driver's license fee and 25% of each duplicate driver's




12 (bl (ii If the fees are collected by a county treasurer or other agent of the department, the amount

13 of 3.76% 2.5% of each driver's license fee and 3. 75% of each duplicate driver's license fee must be


15 \iii If the fees are collected by the department, the amount provided for in subsection ( 1 )(b)(i) must


1 7 (cl (ii If the fee is collected by a county treasurer or other agent of the department, the amount

18 of&%- 3.34% of each motorcycle endorsement must be deposited into the county general fund.

19 (ii) If the fee is collected by the department, the amount provided for in subsection (1 )(c)(i) must


21 (di The amount of 26.25 % of each driver's license fee and 8. 75 % of each duplicate driver's license


23 (el In addition to the amounts dE1posited pursuant to subsections ( 1 l(bl(ii) and ( 1 )(c)(ii), the amount



26 (f) If the fee rs collected by the county treasurer or other agent of the department, the amount of

27 3.76% 2.5% of each commercial driver's license tee must be deposited into the county general fund,

28 otherwise all of the fee must be deposit,ed in the state general fund.

29 (g) The amount of~ 63.46%. of each motorcycle endorsement fee must be deposited into the

30 state traffic education account in the state special revenue fund, and the amount of 33. 2 % of each

ilegisl_ative \,Services 1.,,\_!!jvision

· 50 - HB 166



2 (2) la) If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and

3 duplicate driver's licenses are collected by a county treasurer or other agent of the department, the county

4 treasurer or agent shall deposit the amounts provided for in subsections { 1) (b)(i) and { 1) (c) (i) into the coumy

5 general fund. The county treasurer or agent shall then remit to the state treasurer all remaining tees,


7 state special revenue fundL as provided in subsection (1 ){a)L and the state general fund. The state treasurer,

8 upon receipt of the fees and statement, shall deposit the fees as provided in subsections {1)(a) and (1)1d)

9 through {1 ){g).

1 O {b) If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and



13 state special revenue fund as provided in subsection { 1 )(a), the state special revenue fund, and the state


15 in subsections (1)(al, (1)(b)(ii), (1){c)(ii), and (1){d) through (1){g)."

16


18 "75-5-1108. 8tatYter; appr0priati0R Use of funds -- STATUTORY APPROPRIATION. Money in the

19 revolving fund is stat1a1t0ril~• apprnwiateEl, as pre·,iEloEl in 17 7 e02, m1a1st 13e elseEl IS STATUTORILY

20 APPROPRIATED, AS PROVIDED IN 17-7-502, for the purposes of making loans to municipalities and private

21 concerns and paying debt service on obligations. Mone·( in tho sposial aElministrativo sests assoelnt

22 authorizes 13•1• 7e !i 1113 is s1a113jost te le§islati> 10 approiiriation sonstraints, ans OJ,penElitures from this

23 aGGOunt Rliai&t 13a maElo from toA'lperary appropriations, as sossril3oEl in 17 7 601 (1) or (2), maElo for that

24 pwpose."

25


27 "75-6-214. 8tatYt8P/ apprepriatieR Use of funds -- STATUTORY APPROPRIATION. Money in the

28 revolving fund is stat1a1toril~• apprnpriateEl, as pro,,iEloEl in 17 7 e02, RlYSt 130 usoEl IS STATUTORILY

29 APPROPRIATED, AS PROVIDED IN 17-7-502, for the purposes of providing financial assistance to public

30 water systems. Money in the aEln,inistration asso1,1nt a1,1thoriz0El 13y 7e e 211 is s1,1ejost to la§islativo

( Legislative 1Services \_!!/vision

- 51 - HB 166


2

3

4

5

appropriation, anEl exponElituros from this assount must l:Jo maEle from temporary appropriations,-as

El0ssril:J0El in 17 7 601 (1) or 12), that are maEle for that purpose."

Section 58. Secf1on 75-10-954-, MCA, is amended to read:

"75-10-954. Megalandfill reclamation account -- deposit of funds. 11) There is a megalandfill


7 i2) All foes, fines, penalties, forfeited bonds, anEl other monov that have been or will be paid to


9 13) Money in the account 1s available to the department for the reclamation, restoration, ana

1 O replacement of natural resources damaged or impaired by the megalandfill. Unencumbered and unexpended



13 (4) All fees, fines, penalties, and other money paid to the department under the provisions of



15

16

17 "76-12-123. Natural areas account. 11) There is a natural areas special revenue account within


19 12) The natural areas account may receive funds from any source as gifts.

20 13) The department may spend funds accepted as gifts in accordance with the purposes of this

21 part, including administration of a natural areas program. Those fumls, 011sopt funEls usoEl for administration

22 of a pro§ram, are statutorily appropriat0El, as pro11iE10El in 17 7 e02."


23

24

25 "77-1-505. Warrant for paymeints to counties. The department of administration shall, before

26 December 1, approve and authorize the issuance of a warrant on the general fund of the state made


28 equalization payrr.:mt. The payments am statutorily appropriated as provided in 17-7-502."

29

30 Section 61. Section 77-2-323, MCA, 1s amended to read:

r legislative \,Services ',_!!jvision

- 52 - HB 166


"77-2-323. Sale procedure and limitation. ( 11 At the time fixed for the sale, the lands &I.al+ must


3 departmentL the lands &I.al+ must be sold to the highest qualified bidder under the following restrictions:

4 (a) Me lands Lands may not be sold for less than the value determined by the board after appraisal


6 (b) Tillable lands capable of producing agricultural crops may not be sold for less than $1 0 ~ an

7 acre.

8 (cl Lands principally valuable for grazing purposes may not be sold for less than $5 ~ an acre.

9 ( 2) The lands &I.al+ must be sold as nearly as practicable according to the subdivisions in which

10 trey are advertised, and care &I.al+ must be taken not to subdivide any tract in such a way as to separate


12 (31 The sale may be adjourned from day to day until all the lands advertised have been offered for

13 sale.


15 t)e made on the land purchased~, J:1e the successful bidder shall forfeit to the state not less than $50

16 or more than $1,000, to be determined by the board according to the circumstances of the case. If 6tlGH

17 .!jhg forfeiture is not paid when notice of the amount of the forfeiture has been served by the department,

18 ~he attorney general shall sue for the recovery tl=lereef of the amount in the name of the state. The


20

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"77-2-328. Additional rules -- deposit of fees. The board may prescribe 6tlGH any additional rules




"77-5-305. Responsibility for compliance -- penalties -- administrative orders. ( 1) (a) Except as

28 provided in subsection ( 1 )(bl, it is the responsibility of the owner to ensure compliance with the provisions


30 (b) If a written contract between an owner and an operator specifies that the operator is

: Legislative '\Services \,!!;vi.don

- 53 - HB 166


responsible for compliance with laws relating to forest practices, the operator is considered the responsible





6 (31 (a) When the department d13termines that an owner or operator has violated a provision of this




1 O must specify the nature of the violation and the damage or unsatisfactory condition resulting from the

11 violation.

12 (b) The order becomes final unless, within 30 days after the notice is served, the person named







19 Id) The department may include in an order a provision that the owner or operator immediately




23 (4) Subsection (3) does not prnvent the department from seeking voluntary compliance and site


25 15) All fines and penalties levied under this section must be deposited in the state general fund."

26

27

28


"82-11-136. Expenditure of funds from bonds for plugging wells. The board may accept and


30 82-11-123(5). These ;i.Rels are stati.terily ai;ijClrejClriateel as jClrevieleel iR 17 7 eG2"

:,_ Lgislfltive ',Services \, _!!.ivision

- 54 - HB 166




3 -- re\leRues revenue allocated. ( 11 There Is a state water project hydroelectric power generation special


5 (2) Except as provided in the applicable bond resolution, all re11enues revenue derived from

6 hydroelectric power generation at state water conservation proiects under Title 85, chapter 1, must be paid

7 into this account as received.

8 (3) The r0.10n1cJ0s revenue received under this section must be used to repair and rehabilitate


1 O (4) The funds deposited in the state water project hydroelectric power generation special revenue





1 5 (Iii) Tl'lere is a statutory appropriation pursuant to 17 7 lii02 to allow tl'le Elepartment to transfer

16 a¥ailablo funss from tl'le state wator projest 1'1vsroolestris pewor !JOnoration spesial ro¥0nu0 assount wl'len

1 7 noeses to pay Elebt ser¥ise on staM ,.,ator projest bones, inslusin!J btlt not limites to l:Jroaswater power

18 projest bones.

19 Hi) Tl'lero is a statutory appropriation purstlant te 17 7 lii02 for tl'le Elepartment to transfer availal:Jlo

20 ftlnEls from tl'le broas111ator roplasoment ans renewal asseunt wl'len neeses ta pav Elebt sorvise on the

21 eroaswater pewer 13rojest banss."

22


24 "90-3-301. Apprepriatien Spending authority and funding -- matching funds. ( 1) The board has


26 income. Tl'lose funss are statutorilv appropriates as praviEleEl in 17 7 002.





[Legislative \Services \!!jvision

- 55 - HB 166

5 5th Legislature H80166.03

The board may accept as matching funds those received by the loan recipient within 1 year prior to the



4 14) A loan may not be made for a research and development project for which matching funds have





9 potential commercialization of the res,,arch and development project, in addition to its potential to

1 O strengthen the partnership between the public sector and private sector, warrant the waiver. The board may





14

15

16 "90-7-220. Montana developmental center loan. (1) The department of public health and human







23 must bear interest and contain other terrns and provisions with respect to prepayment or otherwise as are




27 12) The loan may be secured by cl mortgage on the Montana developmental center facility, including




. Legisl_atlve ', Services

(, D_ivision - 56 - HB 166





4 interest payments as due under the loan agreement. ?rinsipal anel interest payR1entc senctitL,1te a staWtory

5 appropriation within tho R10aning of 17 7 502. Whenever the foregoing facility revenues exceed the amount





10 when foreclosure occurs under the agreement or the mortgage. Notwithstanding 77-2-302(1) and upon


1 2 commissioners as a first and prior claim against the mortgaged land an amount equal to the full market




16 7.




20 section."

21


23 "90-7-221. Montana state hospital loan. (1) The department of public health and human services








- 57 - HB 166

. '


Investment earnings on the authority's bonds or on funds held for the bonds must be used to pay the


3 (2) The loan may be secured by a mortgage on the Montana state hospital facility, including the

4 land on which It is located. The loan constitutes a special limited obligation of the department, and the






1 O deposited in a special revenue fund and must be applied to the payment of the principal and interest

11 payments due under the loan agreement. Prinsi13al ans intorost 13avmonts sonstituto a statt1tory

12

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19

20

a1313ro13riation within tho moaning of 17 7 502. Whenever the foregoing facility revenue exceeds the

amount and terms specified and required to repay the loan and maintain required reserves, the excess must

be deposited as provided in 53-1-413. As long as the loan remains outstanding and the state provides

services for the mentally ill, the department shall use the Montana state hospital and the Montana mental

health nursing care center for those purposes or for other purposes as permitted by the loan agreement and

state law, except when foreclosure occurs under the agreement or the mortgage, Notwithstanding the

provisions of 77-2-302(1) and upon foreclosure of a mortgage given to secure the loan agreement, there

must be paid to the board of land commissioners as a first and prior claim against the mortgaged land an

amount equal to the full market value of the land as determined by the board prior to the execution of the




24 (3) The obligations of the depa:rtment under the agreement are special limited obligations payable




28

29 NEW SECTION. Section 69. Repealer. (1) Sections 10-2-417, 15-31-408, Hi eii 122, 1 e 06 131,

30 16-1-408, 16-1 -41 0, 39-71-534, 60-11-122, and 77-5-306, MCA, are repealed.

1'. Legislative ·-services ·~J!/vision

- 58 - HB 166

• l •

55th Legislature

(2) Section 1 5-1-111, MCA, is repealed.

2

HB0166.03

3 NEW SECTION. SECTION 70. COORDINATION. IF [THIS ACT] IS PASSED AND APPROVED IN A




7 THE GENERAL FUND IN [THIS ACT] IS 3.53%.

8

9 NEW SECTION. Section 71. Effective dates -- TERMINATION. ( 1 l [Sections 1 through l,___§

1 O THROUGH~ 27, :J:/. 29 through~ 68, ans 03(1) 69(1), AND 70 and this section] are effective July 1,

11 1997.

12 (2) [Sections~ 28 and mt 6912)] are effective July 1, 2008.

13 (3) [SECTION 4 5] IS EFFECTIVE ON PASSAGE AND APPROVAL AND TERMINATES JULY 1,

14 1997.

15 -END-

(legislative \Sen,ices " .. _l!jvlsion

- 59 - HB 166

55th Legislature

HOUSE BILL NO. 166


HB0166.04

APPROVED BY COM ON FINANCE & CLAIMS

2

3 BY REQUEST OF THE LEGISLATIVE FINANCE COMMITTEE

4





9 2 Hi 601, 2-17-105, 7-15-4286, 7-15-4292, 1G 2 110, 10-3-312. 10-4-301, 10-4-302, 15-1-501,

10 15-30-153, 15-35-108, 15-36-324, 15-38-106, 16 66 121, 15-70-125, 16-1-306, 16-1-404, 16-1-406,

11 16-1-409, 16-11-119, 16-11-206, 17-1-508, 17-5-403, 17-5-404, 17-5-405, 17-5-408, 17-5-804,

12 17-6-201, 17-7-502, 19-19-205, 20-3-108, 20-8-111, 20-9-360, 20-9-361, 32-1-537, 37-43-204,

13 39-71-503, 39-71-531, 39-71-533, 39-71-2354, 39-71-2503, 39-71-2504, 49-2-510, 50-5-112,

14 50-5-113", 50-5-232, 50-40-206, 53-6-150, 63 1 Q 310, 63 1 Q 311, 53-24-108, 60-2-220, 60-11-120,

15 60-11-123, 61-3-509, 61-5-121, 75-5-1108, 75-6-214, 75-10-954, 76-12-123, 77-1-505, 77-2-323,


17 SECTIONS 10-2-417, 15-1-111, 15-31-408, 16 66 122, 16 66 131, 16-1-408, 16-1-410, 39-71-534,


19


21

22 Sestion 1. Sostion 2 16 601, MC", is an:iensos to reas:

23 "2 Hi 601. (TeRlperary) General du,ios. It is tl=le dutv of tl=le attornov general:

24 { 1) to prosao1,1ta or sofond all oausos in ti:le supreRle 001,1rt in wi:liol=I tl=lo state or any oHioor of tl=le

25 state in tl=le oHiser's offioial sapasitv is a party or in 11,•f:liol=I tl=le state l=las an interest;

26 12) to represent tl=le state in all banluuptsv prooeosings in wl:lisi:l tl=le state's interest n:iay be

27 affestes;

28 (JI after j1,1sgn:ient in any of the sauses reforros to in s1,1esestions 11) ans (2), to siroot tho iss1,1ing

29 of a proooss as ffiB'J' bo nooossary to sarry tl=lo j1,1sgn:iont into e1Ees1,1tion;

30 {1) to keep a register of all sasos prosos1,1tos or sefenses b•t tl=le attorney general. The register

- 1 - HB 166

2ND RD--2ND HOUSE AS AMENDED


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FRust BO 0130n to tho ins13ostion of tho (3UBlis Eluring Business hours. Tho atterne•t general shall Elelivor the

resister ts the atterno~< 9oneral' s sblssessor in effioe.

(6) te eMersiso su13ervisery 13ewers e•~er seunty atterne•1s in all FRatters 13ertaining te tho Eluties ef

their eHises aRd fFBFR tirno to tirne roeiuiro e:f thern Fejlerts as ta tho senElitien ef 13uelis eusiRoss entrusted

ta their ohargo. The su13orvisery 13ewers grantoEl te tho atterney general B'f this suesestien inslude the

13ewer ta erEler anEl Elirest seunty atterneys in all matters 13ertaining te the duties ef their effise. The seunty

atteFRe'f shall, wheR ereloroEl BF diresteel BY tho atternoy general, 13reFR13tl•1 institute anEl EliligeRtly 13rososute

in the 13re13er seurt anEl in the name ef tho state ef MentaRa aR'f sriFRinal er sivil astien er s13ecial

J)FBCOOEling

(el whon roEjuireEl By the 13uBlic service or Elirestoel By tho ge\'orner, te assist the ceunty atternoy

ef any seunty in tho Elisshargo ef the ceunty atterRe•('s Eluties er te 13resosute er ElefenEl a1313re13riato 68505

iR which tho state er an•t efficor ef the state in the offiser's efficial ca13asity is a 13arty er in which the state

has an i Rterest;

(7) te give an e13iRien in writin!l, withelolt fee, te tho legislature er either heuse ef the legislatlolre,

te an;' sta1;0 effiser, BoaFel, BF soFRrnission, te an',' seunty atterney, te tho sit>/ att0Fno11 e:f an11 sity er te•1m,

or ta the Bearel ef couRty semmissieners of an•t GOlolRty ef the state when reEjuirod u13on any EjlolestioR ef

law relating te their !!ill ros13estiuo offises. Tho atterne•t general shall !jive the 013iRien within 3 FRBRths

fellowin9 the Elate that it is roeiuosteEl 1,1nless tho atternoy geRoral sertifios in writin9 ta the FBEjuestin9 13arty

that the Ejuestion is of Glolffisient som13leMity to roEjuira aEleitienal tiFRe. If an 013iRion issueEl By the atterne•,'

!leneral sonflists with an e13inien issuoEl ey a sit1f atterRe•t, seunty atterne•t, er an atterney em13leyeel er

retaiReEl 011 any state effiser, eearel, SBFRFRissioR, or ele13anrneRt, the atternoy 9enoral's 013iRien is

sontrelliR9 unless everrulee ey a state Elistrist sourt er tho su13rerne sourt.

(8) te Elissharge the Eluties of a rneFReer ef the eearEl ef eMarniRors anEl state eeard of lanel

GBFRFRissieners;

(Ql te Eloeesit in tho state general funEl aFRount5 resevered on Bohalf ef tho state in aRtitrust er

sensurnor erotostien astions;

(Q)il.Q± to 13orferrn all other duties as FBEjuireel By law. (TorrniRates Ju Re 3Q, 1 QQ7 500. 4, Ch. 1 Qe,

b. 1 QQ6.)

a 16 601. (Effesti•~e Jwl•t 1, 19971 General duties It is the d1,1ty ef the atterRey general:

{ 1) te 13reseGldtB BF ElefeRel all sauses iR the SUJ)FBFRO seurt iR Whish the state BF BR)' offiser of the

is/atlve rvlcu /vision

- 2 - HB 166


1 state .in his the offioer's offioial sapasity is a party or in whish tho state has an interest;

2 (21 aftor judgment in any of tho oausos roforrod to in subsootion (1 I, to diroot tho issuing of a

3 proooss as may bo nooossary to sarry tho judgmont into oxosution;

4 (;3) to koop a register of all oases presooutod or dofondod by him, whioh tho attorney general. Tho

5 register must be oaen to the insaeotion of the aublio during business hours be opon to tho inspootion of

6 tho publis. The attorney general must shall deli,1er tho register to his the attornoy general's sussossor in

7 offiG&..

8 (4 l to oxorsiso supervisory powers o,10r oounty attorneys in all matters pertaining to tho dutios of

9 their offioes and from tin=ie to tin=io require of them reports as to the sondition of publis business entrusted

1 O to their oharge. The super\1isory powers granted to the attorney general by this subseotion insludo tho

11 power to order ans sirest sount>( attorneys in all matters pertaining to tho sutios of thoir offiso. Tho oounty

12 attorney shall, when ordered or direstod by tho attorney gonornl, promptl•r institute and diligently prosoouto

13 in tho proper sourt ans in tho name of tho stato of Montana any srin=iinal or sivil astion or spooial

14 pro seeding.

15 (6) whon requirod by the publis sorvioo or sirooted by tho go,1ornor, to assist the oount'y' attorney

16 of an'( sounty in tho sisshargo of his tho oounty attorney's dutios or to prosoo1e1te or defend appropriate

17 oases in whioh tho state or any offisor of tho state in his tho offioor's offisial sa1a1asity is a 1a1arty or in whish

18 tho stato has an intorost;

19 (61 to give his fil3. opinion in writing, without foo, to tho logislaturo or oither houso of the legislature,

20 to any state offioor, board, or son=in=iission, to any sounty attorney, to tho sit•, attorney of anv oity or town,

21 and to tho board of so1e1nW somn=iissionors of any sounty of tho stato when roq1e1ired upon any question of

22 law rolatini;i to their tho rosf)ooti'<B oUises. l=lo Tho attorney general shall i;iive any suoh tho Oflinion within

23 a n=ionths following the date that it is requested unless he tho attorne't' general sortifios in writing to tho

24 roquosting party that tho q1e1ostion is of suffisiont oomploxity to roq1e1iro adaitional tin=io. If an 01a1inion issued

25 by tho attorney general sonflists "Jith an opinion issued by a sity attorney, sounty attorno~«, or an attorney

26 employed or rotainoa b•( any stato offisor, board, son=in=iission, or sopartmont, tho attorney general's opinion

27 is sontrolling 1e1nloss O\'OFFulos by a state distrist so1e1rt or the supremo so1e1rt.

28 171 to sisohargo tho duties of a n=ien=iber of the bears of 01,an=iiners and state soars of land

29 oon=in=iissionors;

30 {8) to doaosit in tl:lo state general f1e1ns amo1,1nts reso><eros on behalf of tho state in antitrust or

I Legislative \Services ~-!')vision

- 3 - HB 166


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oons1:1msr erotootion aotions;

(il)ffi± to 13edorm all otJ:ler s1:1tios as re111:1iros ey !au~."


5 "2-17-105. Insurance on state buildings -- use of proceeds -- building replacement. (1) ~~onovs


7 by the department of transportation by purchase or condemnation for right-of-way purposes, 6flaU must be


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17-7-502, for the purposes of subsections (2) and (3}.

(2) These FRono•,'s are stat1:1toril',' a1313rof>riatos as 13rovisos in 17 7 602 ans The money may only

be:



sostien; or


the building. Monevs Money transferred in this manner may not be spent by the institution or agency having

custody of the damaged property but 6flaU must be available for future legislative appropriation. If the

FRonovs are money is not spent or committed within 2 years from the time tRO'( are that it is received, tha'f

&1:1;:iU the money automatically~ reverts to the fund and account from which the premiums were paid.


governing board or officer responsible for the building may a1:1tJ:lerii!B request that any n:ionovs money

received by the state as indemnification for property damage te be used to replace the building only if the


building, ans for tJ:lis 131:1r13ose tJ:le aFR01:1nts availaele tJ:lerofer are stat1:1torily aJ3J3ro13riates as 13ro,•isecl in

17 7 e02. If the governing board or officer determines that the building should not be replaced, any FROAO'(S


on the building &1:1;:iU must be transferred as provided in subsection (2)(c) of this sostion."

l!ioetion J. Sostion 10 2 41 e, MCA, is arnonsos to roas:

"10 2 416. PleElge to eontinlle operatien anEI maintenanee. P1:1rs1:1ant to ;rn U.S C. e41 ans

i Legislative '7Services '\!!jvision

- 4 - HB 166


eOJii(a)(6), the state shall apfHepriate fwnds either frem tho €J0neral fwnd er from fwnds €Jonoratod wndor

2 16 11 111 to tho department of pwslis health and hwman sorvioos finanoial swpport nooossaPr to pro•;ido

3 for oontinuod oporatien and maintonanoo of tho state hon1e for veterans in eastern Mentana. Tho

4 departFRent of publio hoalth and human sorvioes FRa't oontraot with a private vendor to provide for the

5 operation ef the eastern Mentana veterans' heme and may ohar€Je the oentrast vendor a rental fee far the

6 maintenanse and upkeop of the faoility."

7

8 SECTION 2. SECTION 7-15-4286, MCA, IS AMENDED TO READ:

9 "7-15-4286. Procedure to determine and disburse tax increment. (1) Mill rates of taxing bodies

1 O for taxes levied after the effective date of the tax increment provision sl=laU must be calculated on the basis



13 property located within the urban renewal area or industrial district. The mill rate se determined sl=laU must

14 be levied· against the sum of the actual taxable value of all taxable property located within as well as

1 5 outside the urban renewal area or industrial district.

16 (21 (a) The tax increment, if any, received in each year from the levy of the combined mill rates of

1 7 all the affected taxing bodies against the incremental taxable value within the urban renewal area or

1 8 industrial district, except for the university system mills levied and assessed against property as dofined

19 in 7 1 ii 4 2Q216)(al, &Rail must be paid into a special fund held by the treasurer of the municipality and used


21 (b) The balance of the taxes collected in each year sl=laU must be paid to each of the taxing bodies



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24

25 "7-15-4292. Termination of tax increment financing -- exception redYotien in taK inorement

26 distrib1a1tien. (1) The tax increment provision shall terminate terminates upon the later of:

27 (a) the 15th year following its adoption or, if the tax increment provision was adopted prior to

28 January 1, 1980, upon the 17th year following adoption; or

29 (b) the payment or provision for payment in full or discharge of all bonds for which the tax

30 increment has been pledged and the interest thereon on the bonds.

C Legisl!'uve )Services \!!}vision

- 5 - HB 166


1 (2) Any amounts remaining in the special fund or any reserve fund after termination of the tax

2 increment provision &HaU must be distributed among the various taxing bodies in proportion to their property

3 tax revenues revenue from the district.

4 (3) After termination of the tax increment provision, all taxes &I.all must be levied upon the actual

5 taxable value of the taxable property in the urban renewal area or the industrial district and &I.all must be





1 O provision are outstanding on the applicable anniversary, additional bonds secured by the tax increment



13 (Iii (a) If a munioipalit'{ issues senels seoureel in whale er in part B'/ a ta* inorement provision after

14 tho 10th year fellewing a ta;>< inorement provision aelepteel after .January 1, 1980, or after tho 12th year

15 fellowing a ta* inoremont pre\<ision aeleptoel sefera .January 1, 1980, it is not aAtitlael ta the fl:lll distribution

16 pre"ieleel in 2Q Q 3eQ(2).

1 7 (e) The state treasurer shall roeluoa tho elistrieution to the munioipality in aaoh fisoal year after the

18 fisoal year in whioh the senels referred ta in suesootion (li){a) are issued sy an amo.int O[lual to the

19 inoroased ta;><aela value of the prejoot prepert'{ m1,1ltipliod ey the total n1,1mser of mills levied and assessed

20 fer sohoel distriot p1,1rpes0s against the preperty in the provi01,10 ealandar 'fear. Tho department ef ro><enuo

21 shall oortif•f to the state treasurer B'I Sei;iternser 1 ef eaoh year tho inoreased ta;><aele val1,1e ef the projeot

22 preperty.

23 (o) If tho munioipality issues more than one eond series after Jan.iary 1, 1 QQ1, the distrieution ta

24 the rnunioipality as pro•,ided in 20 9 3e0(2) is roeluood, as determined in suesootion (li){b), by the s1,1m of

25 tho arne.ints of oaoh sond iss1,1e.

26 !6l For the purpeses sf suesootion (lil:

27 (a) "projeot properti,<" is the value ef property Y,1ithin an 1,1rsan renewal area affooted B'f an 1,1rean

28 renewal prejoot ta 13e finanoed in whale or in part tram the preoeeds of the sends issued pursuant to

29 s1,113seotien (li)(a), oertified by the munioipality to the department of revenue at the time the sends are

30 iss1,1od and identified sy a ta;>< identifisation n1c1mtJer. Property is affooted by an 1,1rean renewal 9rojoot if the

CLegislative ,Services \!!jvision

- 6 - HB 166


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f3Feporty:

rn is to so asq1:1ir0El er iFRpre,,ea as part ef tl:le 1:1rean renewal prejost;

(ii) is lesateEl en f3Fef3erty that is te 130 asqYireEl er iFRf3Fe><ei::I as f3art ef the Yrllan rene\O<al f3rejest;

(iii) is senti§Uelds te, er lesatei:J en prepert~' senti§ueus te, preperty referreEI ts in sullsestien (6)(a)(i)

er (6)(a)(ii), insluElin§ aEljasent preperty s013arateEI ey a reaEJ, streaFR, street, er railreaEI; er

(iv) is inslYEloEI in an a§reeFRent eetween a persen anEI tl=le FRunisipality in eennestien •,·itl=I tl=le urean

renewal 13rejest fer the issuanse ef the llenEls anEI if YnEler the a§FBBFRBnt, the f3Brsen unE10rtak0s te El0Yelo13

OF r0Elo•1elef3 tl=\e f3F8f3eFty.

(el "insreasei::I ta11allle •1alye" FReans tho Elifforonse eetwoon tl=lo ta11ael0 •1alldo sf tl=le f3rojest

f3Fo13erty fer tl=le surrent fissal ~'Bar anEI tl=le ta11ael0 ~•alue of the 13rojest f3FOf3erty for the fissal year in l''hish

the eonEls were issYeEI."


14 "10-3-312. Maximum expenditure by governor -- appropriation. ( 11 (a) Whenever an emergency



17 exceed~ $4 million in any biennium, minus any amount appropriated pursuant to 10-3-310 in the same

18 biennium.

19 (b) Whenever an emergency or disaster due to fire OR FLOOD is declared by the governor, there

20 is statutorily appropriated to the office of the governor, as provided in 17-7-502, and the governor is

21 authorized to expend from the general fund, an amount not to exceed $10 million in any biennium. The

22 amount appropriated in this subsection (bl may be combined with the amount appropriated in subsection

23 ( 1 )(a) for an emergency or disaster due to fire OR FLOOD.

24 (21 In the event of the recovery of money expended under this section, the spending authority must


26 (3) If a disaster is declared by the president of the United States, there is statutorily appropriateci




30

C legisl_ative ',Services \!!f vision

- 7 - HB 166





4 amount equal to €i .Q1 % : .48% of the money received pursuant to 10-4-201 must be deposited in the state

5 general fund. All remaining money received by the department of revenue pursuant to 10-4-201 must be

6 paid to the state treasurer for deposit in the account. After payment of refunds pursuant to 10-4-205, the

7 balance of the account must be used for the purposes described in part 1 of this chapter. Tho sistrib1,Hion

8 of tho Q 1 1 0R'ler9onsy telesoR'1R'11,misations asso1c1nt, assorsin9 to the req1c1iroR'1onts of 1 0 4 302, is

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stat1c1torily appro13riat0s. THE DISTRIBUTION OF MONEY IN THE 9-1-1 EMERGENCY

TELECOMMUNICATIONS ACCOUNT, AS REQUIRED BY 10-4-302, IS STATUTORILY APPROPRIATED, AS

PROVIDED IN 17-7-502, TO THE DEPARTMENT OF ADMINISTRATION. Expenditures for actual and

necessary expenses required for the efficient administration of the plan must be made from toR'113orary

appropriations, as sessribos in 17 7 601 ( 1) or (2), made for that purpose."


"10-4-302. Distribution of account by department. ( 1) The department shall make quarterly

17 distributions of the entire account be9innin9 en A13ril 1, 1 Q87. The distributions must be made for the

18 fellowin9:

19 (a) asR'1inistrati¥e sests ins1c1rres s1c1rin9 the wesosin9 salonsar q1c1artor b•r tho se13artR'1ent of

20 r0v0nu0 in sarryins 01c1t this sha13tor. Tho aFReunt 13aia FRa'J' not 01rn00s 1 % of ttrn asso1c1nt en tho aato of

21 aistributien er astlclal e1113onses insurres, •yhisho,,or is loss.

22 (bl asR'1inistrati¥e sests ins1c1rros s1c1rinf) the 13resosin9 salonsar quarter by tho so13artFRont in

23 sarri;ins 01c1t its sutios unser this sha13ter. The se13artFRent's annual roso.,or>f of sosts FRay net e1rnees 7%

24 of tho aR'101c1nt sellestos by tho asseunt suring the fissal year er ast1c1al e1,13enses ins1c1rres, whishe¥er is loss.

25 +6} costs incurred during the preceding calendar quarter by each provider of telephone service in

26 the state for:

27 ti+ifil collection of the fee imposed by 10-4-201;

28 ¼HQ!. modification of central office switching and trunking equipment for emergency telephone


30 ¼iti£l. conversion of pay station telephones required by 10-4-121.

,Legislative \Ser,,/ces

1..,,!!jvislon - 8 - HB 166


1 (21 Payments under subsection ( 1 IM may be made only after application by the provider to the

2 department for costs incurred in subsection ( 1 IM. The department shall review all applications relevant to

3 subsection (1 )M for appropriateness of costs claimed by the provider. If the provider contests the review,


5 (3) After all amounts under subsections (1) and (2) have been paid, the balance of the account








13 (4) If the department through its monitoring process determines that a 9-1-1 jurisdiction is not





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20 "15-1-501. Disposition of money from certain designated license and other taxes. ( 1 I The state


22 subsection AA Qt all money received from the collection of:

23 (a) income taxes, interest, and penalties collected under chapter 30;

24 (b) except as provided in 15-31-702, all taxes, interest, and penalties collected under chapter 31;

25 (c) oil and natural gas production taxes allocated under 15-36-324(7)(a);

26 (al ~886 fr0FA sriu0r's li68A6BS, FAOtersysl0 8AB8FSBFABAts, BAB Bt1plioat0 sri¥0r's li68AS86 as

27 pre 11ises iA el 6 121;

28 t&l-.[QJ. electrical energy producer's license taxes under chapter 51;

29 (e) telephone company license taxes under chapter 53;


CLeg/slfillve "',Services \!!fvision

- 9 - HB 166


(d) telephone soFRpan•,· lisense taHos t1nder shapter 63; and

2 (g) fees from driver's licenses, motorcycle endorsements, and duplicate driver's licenses as

3 provided in 61-5-1 21; and

4 {e).J.hl inheritance and estate taxes under Title 72, chapter 16.

5 (21 /\II A10n0 1{ rosoi¥0d froAl the sollestion of insoA10 taxes t1nd0r shapter 30 of this title mt1st, in

6 assordanse ,,.,,ith the provisions of st10sostion (61, 130 deposited as follows:

7 (al Q1 .3'?4. of the taxes to tho oredit of tho state 9onoral ft1nd;

8 (13) 8.7% of the taxes to tho srodit of tho dost seri;ioo assot1nt for lon9 ran90 13t1ildin9 pro9raA1

9 sends as dessrieod in 17 Ii 408; and

1 O Isl all interest and penalties to the srodit ef tho state 90n0ral ft1nd.

11 (31 /\II Alone•r rosoi•,<od froA1 tho sollootion of sorporation lioonso anEl insoA10 taxes t1nEler shapter

12 31 of this title, exoept as proviElod in 16 31 702, A1t1st, in asoordanse with the pro><isions of st10soetion

13 (6), 130 depesited as follews:

14 (al 8Q.6 % ef the taxes te tho eredit ef the state 9onoral ft1nd;

15 (131 10.6 % of the taxes to the oredit ef tho Eloet serviee aeeot1nt fer Ieng ran[lo 13t1ilElin9 pro9rarn

16 sends as dosorieod in 17 6 <108; anEl

17 (o) all interest anEl penalties te tho oredit ef tho state 9oneral ft1nd.

1 8 t4till The department of revenue shall also deposit to the credit of the state general fund all money



21 (el Oil and natt1ral 9as !lr0El1,1stion taxes allesated t1nElor 16 36 324(71(a) A1t1Gt be aopositoa in the

22 9onoral ft1nEl.

23 ~ill Notwithstanding any other provision of law, the distribution of tax revenue must be made





28 P.H1l. All refunds of taxes must be attributed to the funds in which the taxes are currently being

29 recorded. All refunds of interest and penalties must be attributed to the funds in which the interest ·and


\Legislative ',Services '-\!!}vision

- 10 - HS 166


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"15-30-153. Funding for administration of special revenue accounts spesial FBtJeAue aGG8YAt

foF ta11 sheskeff admiAistFatieA. ( 1) The department shall charge any special revenue account sreateEl after

January 1, 1993, that is funded by means of an income tax checkoff the actual and necessary cost to

create the special revenue account and to place the checkoff on the income tax return.

(2) In addition to the charges in subsection (1 ), the department shall charge each special revenue

account funded by means of an income tax checkoff the actual expenses necessary to administer the

account. The department's charges may not exceed $3,000 for a tax year.

(3) There are spesial F8\'Bnue asseunts in the state treasury fer the aElRlinistratien of insoR10 taK

sheskoffs.

{4-t All charges collected pursuant to subsections ( 1) and (2) must be deposited in a tax sheskoff

aElRlinistratioA assouRt the state general fund.

(e) The RlORB'f in a tax sheskeff aElRliRistratioR assouRt, sul3jest to a1313ro13riatioR, Rlust 13e

e11130REleef ta aElFRiRister the insoFRe tax sheskeff for whish the assount was sreateEl."














29 this account to another account other than the general fund. Any sash 13alaRee that is unspent

30 UNRESERVED FUND BALANCE at the end of each fiscal year must be deposited in the general fund.

~ legisl!"ive \Serv,ces \_/Jjvision

- 11 - HB 166


(4) The amount of 1.27% must be allocated to a nonexpendable trust fund for the purpose of parks

2 acquisition or management. Income from this trust fund must be appropriated for the acquisition,

3 development, operation, and maintenance of any sites and areas described in 23-1-102.

4 (5) The amount of 0.95% must be allocated to the debt service fund type to the credit of the






1 0 (7) All other revenue from severance taxes collected under the provisions of this chapter must be


12


14 "i 5-36-324. Distribution of taxes. ( 1) For each calendar quarter, the department of revenue shall

1 5 determine the amount of tax, late payment interest, and penalty collected under this part. For purposes of



1 8 horizontally drilled wells located in the taxing unit.


20 follows:

21 (al The amount equal to 41.6% of the oil production taxes, including late payment interest and



24 amount allocated under this subsection (2)(b), must be deposited in the ageRS'f state special revenue fund


26 subsection (8).





CLegislative \,Services \J!ivision

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4 (51 Except as provided in subsection (6), natural gas production taxes must be allocated as follows:


6 and penalty, collected under this part must be distributed as provided in subsection (71.


8 the amount allocated under this subsection (5)(b), must be deposited in the agenay state special revenue






14 {7) The department shall, in accordance with the provisions of 15-1-501 +et, distribute the state


16 follows:




20 (c) 10.7% to be distributed as provided by 15-38-106(2).

21 (8) la) For the purpose of distribution of the oil and natural gas production taxes from pre-1985







28 (il By the dates referred to in subsection 19), the department shall calculate and distribute to each


30 determined by multiplying the unit value, as adjusted in this subsection {8l(a), by the units of production

;-legislative \Services \_Djvision

- 13 - HB 166



2 which the distribution occurs.

3 {ii) Any amount by which the total tax liability exceeds or is less than the total distributions

4 determined in subsection (8l(a) must be calculated and distributed in the following manner:

5 (A) The excess amount or shortage must be divided by the total distribution determined for that





1 O amount must be subtracted from the distribution to each respective taxing unit.

11 (b) Except as provided in subsection {8){c), the county treasurer shall distribute the money


1 3 against calendar year 1988 production in the same manner that all other property tax proceeds were



16 (c) The board of county commissioners of a county may direct the county treasurer to reallocate

1 7 the distribution of oil and natural gas production tax money that would have gone to a taxing unit, as

18 provided in subsection (8)(b), to another taxing unit or taxing units, other than an elementary school or high


20 (i) The county treasurer shall first allocate the oil and natural gas production taxes to the taxing



23 (ii) If the allocation in subsection (8l(c)(i) exceeds the total budget for a taxing unit, the







30 (ii) If the allocation under subsection (8l(d)(i) exceeds the total budget for a fund, the trustees may

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'-Lep_isl_ative Services !!fvision

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allocate the excess to any budgeted fund of the school district.


3 31, 1 993, the county treasurer shall distribute oil and natural gas production taxes received under







10 (g) The money distributed in subsection (8)(e) that is required for the county mill levies for school


12 these purposes.

13 (h) The oil and natural gas production taxes distributed under subsection (8){b) that are required



1 6 to the state treasurer.






22 the amounts determined in subsections {8)(h) and {8){i) is for the exclusive use and benefit of the county




26 (a) On or before August 1 of each year, the department shall remit to the county treasurer oil and




30 year.

1 Legislative "7Services "\!!jvision

- 1 5 - HB 166


(cl On or before February 1 of each year, the department shall remit to the county treasurer oil and

2 natural gas production tax payments received for the calendar quarter ending September 30 of the previous

3 year.

4 (d) On or before May 1 of each year, the department shall remit to the county treasurer oil and


6 calendar year.

7 (10) The department shall provide to each county by May 31 of each year the amount of gross




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13 "15-38-106. Payment of tax -- records -- collection of taxes -- refunds. (1) The tax imposed by




17 department.

18 (2) The department shall, in accordance with the provisions of 15-1-501 «H, deposit the proceeds


20 (a) 14.1 % of the proceeds must be deposited in the ground water assessment account established

21 by 85-2-905;

22 (bl 10% of the proceeds must be deposited in the renewable resource grant and loan program state


24 (cl 30% of the proceeds must be deposited in the reclamation and development grants account


26 (3) €¥ef.y. Each person to whom the tax applies shall keep records in accordance with 15-38-105,


28 hours.

29 14) The department shall examine the statement and compute the taxes to be imposed, and the


,);" Legisl_ative Services ,,Ejvision

- 16 - HB 166


If the tax found to be due is greater than the amount paid, the excess must be paid by the taxpayer to the

2 department within 30 days after written notice of the amount of deficiency is mailed by the department to



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SeGtion 10. Section Hi €Hi 121, MCA. is amonEloEI to roaEI:

"1 ii 66 121. C>ietFibutien C>eseeit ef ta11 pFeGeeds geneFal fuRd lean auH1eFit',', 11) Tho proceeEls

of tho tax iFl'lposoEI bv 1 Ii 65 111 must, in accorElanco with tho provisions of 1 Ii 1 li01, be ElopositoEI in an

account in tho stato spesial rovonue general funs to tho sroElit of tho Elopartfl'lont of ra 1,onuo. Tho

Elepartfl'lent of revonuo Fl'la•r sponEI frefl'l that assount 1iay tho oxsonsos of collosting tho tax in assorElanso

with an 01,ponElituro appropriation by the legislature basoEI on an estimate of tho sosts of sollesting and

Elisbursing the prasoeEls of the tax. Before allosating the balance of the tax proseeEls in ascorElance with

tho pro¥isions of 1 Ii 1 601 ans as proviEleEI in Slclbsostions (1)(al thro1cJgh 11 )lo) of this sostion, the

Elepartfl'lBAt shall deterfl'lino the oxpenditmes bv state a!':)onsies for in stato lod!':)ing for eash roportin!':) parioEI

ans EleEl1cJst 4 % of that amolclnt from the tax proseoEls resei•,·oEI eash reporting porioEI. The afl'lolclnt deducted

mlclst bo ElepesitoEI in tho !':JOnoral f1cJnEI. The balanse el the tax preseeEls reseiveEI eash reportin!':) porioEI ans

not dodlclsted pursuant to tho e1,pondit1cJro apprepriatien or efopositod in tho §Onoral flclnd is statlcltorily

apprepriatoEI, as provisod in 17 7 502, ans Fl'llclst bo transferred to an ascolclnt in tho state spacial rovonlclo

flclnd to tho srodit of tho dopartmont of sofl'lmorso for tolclrisfl'l profl'lotion ans promotion of tho stato as a

losation for tho prosustion of Fl'lotion pictlclros and television commorsials, to the Montana historical society,

to the 1cJniversity svstem, and ta tho dopartfl'lont of fish, wilEllifo, and parks, as follo•A's:

(al 1 % to the Montana historical secioty to so used for tho installation or maintenanse of roadside

historisal sians ans historis sitos;

Isl 2.6% to the 1cJniversity s•fstom for the ostaslishmont and maintenance of a Montana travel

research pro!':)ram;

(c) 6. Ii% to tho department of fish, wilEllifo, ans parks for tho maintenance of facilities in state

parks that ha¥o soth resident and nonresident lclse;

(El) e7, Ii% to bo used Elirectl•r bv the Elopartment of sommerse; and

(el Ii) 01rnopt as provided in s1cJbsoction ( 1 l loll ii), 22. Ii% to bo distri01cJtod sy tho clopartmont to

reaienal nenprefit t01cJrisfl'l serperatiens in tho ratie of the proceeds cellesteEI in each t01cJrism reaien ta the

isl~ive rv1ces ·vision

- 17 - HB 166


1 toMI prosoods oollostod statewide; aREl

2 Iii) if :n. e % of tho wosoods millootos aRmrnlly u•ithiR tho limits of a oity or oeRsolidatod sity oouRty

3 oxsoods $J6,000, e0% of tl=lo amouRt aYaila0lo for distri0utioR to tl=lo rogioRal RORµrofit tourism oerµoratioR

4 iR tl=lo rogioR whore the oity er oeRselidatod oity souRty is looatod, to 00 distri0utod to tho RORµrofit

5 oonYontion and •,•isitors 0uroau iR tl=lat sit',' or sonsolidatod sity sounty.

6 12) If a oity er sonselisatos sity oeunty E!Ualifies unsor this sostion fer f1,,1Rds 01,,1t fails ta oithor

7 rasegRiza a RSRprafit sanvoRtian and visiters 0ur0au er su0mit aRd gaiR appra•,al fer an aRR1,,1al marketing

8 plaR as roE11,,1iros iR 1 e 0e 122, thoR these f1,,1REls m1,,1st 00 allesates to tl=lo rogioRal RORprefit tourism

9 oorporatioR iR tl=lo rogieR iR wl=lish tl=lo sit',' er seRsolidatod sit•f sounty is lesatas.

1 O (J) If a regioRal RoRµrofit to1,,1rism sorporMioR fails to s1,,10mit aRd gain approval for an aRnual

11 marl~atiRg µlaR as FOE!Uirod in 16 06 122, tl=lon tl=loso fuREls otl=lorwiso allosatos to tho regional noRµrefit

12 tourism oorµoratioR may 00 used 0y tho dopartmoRt of oommoroo for to1,,1rism premetieR aRd promotion of

13 tho state as a looatioR for tl=lo prodw;tieR of motion pist1,,1ros aRd tolovisieR sommorsials."

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18 justice's court, must, in accordance with the provisions of 15-1-501 Wt, be placed in the highway

19 non restricted account."

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"16-1-306. Revenue to be paid to state treasurer. Except as provided in 16-1-404, 16-1-405,

1s 1 4 08, 1s 1 41 Q, 16-1-406, and 16-1-411, all fees, charges, taxes, and revenue collected by or under




"16-1-404. License tax on liquor -- amount -- distribution of proceeds. 11) The department shall



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-Legis{azive Services _!!ivision

- 18 - HB 166


(a) 10% of the retail selling price on all liquor sold and delivered in the state by a company that

2 manufactured, distilled, rectified, bottled, or processed, and that sold more than 200,000 proof gallons of


4 lb) 8.6% of the retail selling price on all liquor sold and delivered in the state by a company that







11 amount of the license tax received. Thirt•,1 porsont of this The revenue is statutorily appropriated, as





16 .(Ql Four and one-half percent of this rovonuo is statutorilv appropriated, as pro 11idod in 17 7 002,

17 and FAust, in assordanso with tho pro•,isions of 1 0 1 li01, l;io allocated to the counties according to the


1 9 J.£l. The romainiA!:J rovonue Sixty-five and one-half percent must, in aosordanoo with tho pro,1isions

20 of 1 Ii 1 001, be deposited in the state special revenue fund to the credit of the department of public health




24 establishment is located, for use as provided in 16-1-405. That proportion of tf:io lisonso tax is statutoril 1,'

25 approwiated, as provided in 17 7 002, to the The department, wf:iish shall pay quarterly to each county



28 (3) The license tax proceeds allocated to the county under subsection (2) for use by cities and



1Legislative \Senices \_!!jvision

- 19 - HB 166


proportion that the gross sale of liquor in each city or town is to the gross sale of liquor in all of the cities






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9 "16-1-406. l'.M Taxes on beer. ill A tax of~ $4.30 per barrel of 31 gallons is hereby le•,ied

1 O aHG imposed on each and every barrel of beer sold in Montana by ilfl¥ 2 wholesaler~, whish said The tax

11 shall ba i§. due at the end of each month from sai4 the wholesaler upon any s1a1sh beer ~ sold by l:l+ffi L~

12 wholesaler during that month. /1.s ta any The department shall compute the tax due on beer sold in

13 containers other than barrels or in barrels of more or less capacity than 31 gallons, the ,ai1a1antity santent

14 shall ba O"Ssartained and G0FT'lp61ted by the departFT'lent in deterFT'linin9 the aFT'101a1nt ef tax El1a10.


16 subsection (1), an amount equal to:

17 (a) $1 must be deposited in the state treasury to the credit of the department of public health and

18 human services for the treatment, rehabilitation, and prevention of alcoholism:

19 (b) 50 cents must be deposited in the state general fund; and



22 (3) la) The money in the incorporated cities and towns beer tax account is statutorily appropriated,

23 as provided in 17-7-502, to the department, which shall. monthly, distribute this amount of money to the



26 adiusted by the most recent population estimates published by the U.S. bureau of the census. For cities

27 and towns incorpor\jted after the latest official federal census, the census must be determined as of the




lLeglslative )Servicu "\!!jvision

- 20 · HB 166


received by cities and towns under this section must be expended for state purposes, such as law

2 enforcement, maintenance of the transportation system, and public health.

3 {b) The department may adjust population estimates only on the July 1 following the date of



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8 "16-1-409. Failure to make beer tax returns -- penalties. ( 1) If afl'f 2 brewer or wholesaler subject

9 to the payment of the tax provided for in 16-1-406 and 16 1 40Q fails, neglects, or refuses to make any

10 return required by this code or fails to make payment of the tax within the time~ provided in this part,

11 the department shall, after 6tlel=I the time has expired, prosood te inform itself as bast it may FO€Jardin§ tho

12 matters and things reetuiraa te be sat forth in sush return and, from suoh infermatien as it ma•( be able to

13 obtain, to mak<o a statement showin€) suoh matters and thin€JS and determine and fix the amount of tax due


15 (2) The department shall add to the amount of tax due a penalty ot

16 ill 5 % for the first failure, willful no€)leot, or refusal;

17 M 10% for the second failure;

18 1£l. 15 % for the third failure; and

19 1Ql 25 % for the fourth and each subsequent failure, nogloot, or refusal.






25 of the department, it is the duty of the attorney general to commence and prosecute to final determination




29 lien has precedence over any other claim, lien, or demand thereaftor filed or recorded after the warrant is

30 issued.

1 Legis~ative \Services \!!}vision

- 21 - HB 166


(7) We An action~ may not be maintained to enjoin the collection of the tax or any part thereof

2 of the tax.

3 (8) Any tax owed by a brewer or wholesaler under this code not paid within the time provided &l:\all

4 be!!? delinquent, and a penalty of 5% ~ must be added thereto to the tax. The tax and penalty bear

5 interest at the rate of 1 % per month from the date of delinquency until paid. AFfl,f A brewer or wholesaler

6 who fails, neglects, or refuses to make the return to the department provided for in 16-3-211 or 16-3-231





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12 "16-11-119. Disposition of taxes retirement ef bends. (1) The aR=1ount of 11.11 % of the

13 oisarotto tax oolleoteel uneler the provisions of 16 11 111 on eash paoka9e of oi9arettes must be elepositod

14 in the state spooial rovenue fund to the sredit of the departR'lont of publio health and human servioos for

15 the eperation anel R=laintenanoe of state 11eterans' nursin9 hoR=1es. CIGARETTE TAXES COLLECTED UNDER

16 THE PROVISIONS OF 16-11-111 MUST BE ALLOCATED AS FOLLOWS:

17 (1) THE AMOUNT OF 11.11 % OF THE CIGARETTE TAX COLLECTED U~IDl!R Tl-ii! ?ROVISI~

18 Of 16 11 111 ON EACH PACKAGE OF CIGARETTES MUST BE DEPOSITED IN THE STATE SPECIAL

19 REVENUE FUND TO THE CREDIT OF THE DEPARTMENT OF PUBLIC HEAL TH AND HUMAN SERVICES FOR

20 THE OPERATION AND MAINTENANCE OF STATE VETERANS' NURSING HOMES.

21 rn@ A II reR=1ainin9 Rli!MAINl~JG F0 11enue oolleoted under the provisions of 16 11 111, less tho

22 expense of oollestin9 the taxes, must, in aooorelanse with tf:10 pra\·isions af 1 Ii 1 liQ1, bo de13esitod as

23 follows·

24 (aliJ..l:till. 7Q.71i%, 82.17% THE AMOUNT OF 73.04% MUST. IN ACCORDANCE WITH THE

25 PROVISIONS OF 15-1-501, BE DEPOSITED in the lon9 range buileling program state general fund in the Elebt

26 sorvioe fund ty13e; anel~

27 lb)(2){B)(3) 20 :!Ii% 17.83% THE AMOUNT OF 15.85% MUST, IN ACCORDANCE WITH THE

28 PROVISIONS OF 15-1-501, BE DEPOSITED in the long-range building program account provided for in

29 17-7-205."

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islfl11ve rv1ces ;vision

- 22 - HB 166





4 collection and administrative expense and must, in accordance with the provisions of 1 5- 1-501, be

5 deposited by the department in the Ion§ ran§e e1,1ilElin§ pra§ram Eleet service state general fund. Refunds



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10 "17-1-508. Review of statutory appropriations. (1) Each interim, the legislative finance committee


1 2 exempted under subsection (6) of this section and shall review the sritoria guidelines set forth in subsection

13 (4) to eliminate statutory appropriations that no longer fulfill a legislative need and to ensure that legislative


15 (2) Each biennium, the office of budget and program planning ane tt:lo le§islafr;o fissal anal'{st shall,

16 in development ans analysis of the executive budget, identify instances in which statutory appropriations

17 in current law do not appear consistent with the sriteria guidelines set forth in subsection (4).

18 (3) As part of each agency audit, the legislative auditor shall review statutory appropriations to the

19 agency and report instances in which they do not appear consistent with the sriteria guidelines set forth



22 the requirements of 17 1 l'iGe 17~7-501. A statutory appropriation from a continuing and reliable source


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appropriations. the legislature shall consider the following guidelines. A statutory appropriation may be


(a) the fund or use requires an appropriation;

(b) the money is not from a continuing. reliable. and estimable source;

(c) the use of the appropriation or the expenditure occurrence is not predictable and reliable;

(d) the authority does not exist elsewhere;

(el an alternative appropriation method is not available. practical. or effective;

CLegisl!"ive 'rSen,,ces \!!jvision

- 23 - HB 166


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(f) other than for emergency purposes, it does not appropriate money from the state general fund;




(51 The office of budget and program planning shall prepare a fiscal note for each piece of

legislation that proposes to create or amend a statutory appropriation. It shall, consistent with the fiWiew

provisions guidelines in this section, review each~ of these pieces of legislation tl=lat proposos to croato

or all'1end a statutory appro13riation. Its findings concerning the statutory appropriation must be contained



evaluation of statutory appropriations. If the review determines that continual review of a statutory

appropriation is not necessary. the statutory appropriation may be exempt from future review."



16 ~ long-range building program bonds waU must be issued by the board upon request of the department,

17 in ~ denominations and form, whether payable to bearer or registered as to principal or both princ;pal

18 and interest, with ~ provisions for conversion or exchange and for the issuance of notes in anticipation

19 of the execution and delivery of definitive bonds, bearing interest at Stl6f\ the rate or rates, maturing at s,,iB4

20 times not exceeding 30 years from date of issue, subject to redemption at Stl6f\ earlier times and prices and

21 upon ~ notice, and payable at the office of Stl6f\ the fiscal agency of the state as the board shall

22 determine, subject to the limitations contained in Ws section and 17-5-402 and this section.

23 (2) In the issuance of each series of Stl6f\ bonds, the amount, maturities, and interest rates tl=lereof

24 Sf\all rnust be fixed in Stl6f\ g manner that the maximum amount of principal and interest to become due in

25 any subsequent fiscal year on all ~ outstanding bonds tl=len outstanding and on the series ~ to be

26 issued will not exceed 50% of the average annual amount collected during the 3 tl=len nei1t preceding fiscal

27 years from the s13e0ial taxes pledged by law to the debt service account at the time of ~ issuance'"

28 ei1cept tl=lat tl=li6 This provision waU may not constitute a covenant of the state for the security of the bonds


30 subsection in any manner after all bonds issued prior to that date and the interest tl=lereon l=lm·e on the

I Legisl,ative \,Services L,,f!/vision

- 24 - HB 166

55th legislature HB0166.04

1 bonds have been fully paid or the state's liability thereon has been otherwise fully discharged.

2 (3) In all other respectsL the board is authorized to prescribe the form and terms of the bonds and

3 shall do whatever is lawful and necessary for their issuance and payment.~ The bonds and any interest

4 coupons appurtenant therote shall to the bonds must be signed by the members of the board, and the

5 bonds 6ffi!I+ must be issued under the great seal of the state of Montana. The bonds and coupons may be


7 The state treasurer shall keep a record of all ~ long-range building bonds issued and sold.

8 (4) The board is heresy mithorizoEI to may employ a fiscal agent to assist in the performance of

9 its duties her01,rndor under this part.

1 O (5) All proceeds of bonds issued herel:lndor shall under this part must be deposited in the capital

11 projects fund, except that any premiums and accrued interest received &l=lall must be deposited in the debt


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15 "17-5-404. Use of capital projects fund. The capital projects fund &l=lall must be segregated by the


17 of the long-range building program. The department may transfer all R=1eno11 authorizes B'( the legislature

18 for its adR=1inistrati>•e exponsit1c1ros from the capital projects fund to a special revenue fund, ans for sush

19 p1c1rpesos the R=ieney is stattaorily apprepriated as provided in 17 7 602 the amount appropriated by the


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"17-5-405. Debt service account. 11) froR=1 and after the plosgo ans appropriation of any spesial

ta~( te tf:!o sol3t sor>,1ise acsol:lnt, as pre1~idos and centeR=iplatod in tf:!is sestien, 17 6 4 07, and 17 6 108,

sl:lsh tax sf:!all sentinl:lo in forso ans sf:!all so a¥ailal3Ie and sf:!all tie plosgod ans appropriated fer tf:!o

payR=iont of lon9 range Building prograR'I 13onds, and all R=1one1,cs resoi 1l0El froR'I tho sellostion thoreef shall

eo dopesitod 13y tho troasl:lrer to tf:!o credit of tho deet serviso assol:lnt.

(2) ~lo sposial taxes plod9od to tho dost sorYiso assol:lnt en Janl:lary 1, 197d, shall so sissontinued

or siYerted to other f1c1nss 1c1ntil all sends issl:loEl pmsl:lant te tf:!is part prior to that sate anEl tho interest

th0r0en haYe soon fl:llly paid er tho state's liaeiliW thoroon has seen fully dissf:!argod, oxsept to tho extent,

Clegislative --,services '-\_!!ivision

- 25 - HB 166


1 if any, that the ri§ht so to eo has been reserved in the roool1,1tions a1,1thorizin§ tho iss1,1anse of s1,1sh bonds.

2 (3) a1,1bjest to the provisions of s1,1bsestions ( 1) and (2l, tho state reserves the ri§ht to moeify frgm

3 time to tiffie the nawre and affioldnt of sposial taKes to bo depesited to the sredit of the debt serviso

4 aGG0ldnt.

5 +4l-ill Money in the debt service account 6™'" must be used:

6 J.fil first, to pay interest and principal when due on long-range building program bonds;

7 J.Ql second, to accumulate a reserve in the amount required belGw in subsection (1 )(cl, for the

8 further security of StlGl:I the payments; and

9 i£l. third, to maintain tfli6 the reserve in an amount at least equal, after each interest and principal

1 O payment, to the maximum amount of interest and principal ~ that will become due on all 6tl6ft bonds

11 ~ that are #!efl outstanding in any subsequent fiscal year.

12 +&l-Jll Money at any time received in the debt service account in excess of the principal, interest,

1 3 and reserve requirements stated in subsection +4l- ill 6™'" must be transferred by the treasurer to 'the

14 general tund. If the balance at any time on hand in the debt service account is not sufficient for compliance

15 with subsection +4l- ill, the treasurer shall credit to saiEI the debt service account an amount sufficient to

16 restore saiEI the balance from the neKt sollestions of tl=le spesial ta11es apwo13riated to said asso1,1nt anEi frgm

17 any otl=ler sollestions of taxes appre13riatod to the general fund, net eKseedin!j tho a!j!jFe§ate amo,.,:.,

18 theretetere transferroEi frem the debt sori,ise asso1,1nt te tho !jonoral f1,1nd."

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21 "17-5-408. PerseRta!je ef iRseme. serperatieR liseRse, aml Gi!jarette taM pledgeEI Pledge of money

22 to comply with principal. interest. and reserve requirements. (1) faJ. The state pledges and appropriates and

23 directs to be credited as received to the debt service account money rosei11eE1 froffi the sollostion e-f-tRe

24 individ1,1al insomo taK ane, m1sopt as 13rovieee in 1 e 31 702, mono;' rosoivod frem tl=lo sellestion of tho

25 sorporation lisonso ane insomo taK, as pro><iEioe in 1 e 1 e01, as may at an\' time be needed to comply with

26 the principal and interest and reserve requirements stated in 17-5-405+4!-ill.

27 ~Jll The pledge ans appro13riation made by this section - i.§. a first and prior charge upon all

28 money received from the collection of the enldffierated taxes.

29 (21 exsopt for tho amo1,1nt sroditod to the veterans' heme maintoRanse aRd improvement asse1,1nt

30 1,1ndor 1 e 11 11 Q, tho state 13lod!jes aRd apprepriatos and dirosts to so sroditod te tho Eiost sorviso asso1,1nt

'\Legisl!'tive Services

\!!jvision - 26 - HB 166


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7Q. 75 % of all remaining n:1eney raseived fran:1 the sellastien of the exsisa tax en sigarattas that is levied,

in:113esad, and assassod 13~• 1 e 11 111. Tho stat□ also 13lodgas and a1313re13riates and EJiroets to 00 sr0dit0d

as roseivod to the dost s0rvio0 aoso1emt all FAeney r000iv0d from the oollestien of the taxes en ether tol3asce

13roduets that aro er FAay 00 im13os0EJ fer that 13ur13es0, ineludin€J the ta1c im13osaEJ by 1 o 11 202. This

sestien seas net im13air er otherwise affect the ::irovisions and eevenants oentainad in tho resolutions

autherizin9 tho 13rasontly eutstansin9 Ieng ran0a suildin€J 13ro0raFA sends. Susjact to the 13re•(isions of tho

13rasodin0 sontonee, tho 13lod00 and ap13ra13riatien A=!ado 13y this seetion aro a first and 13rior ehar00 u13on all

n:1eno•t rocoivod from tho oollootien of all taxes roforrod to in this subsostien."






15 the capital projects account to a special revenue fund, and fer sueh 13urpesos the n:1onoy is statutorily

16 a1313re13riat0d as 13ro¥id0El in 17 7 502."

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19 "17-6-201. Unified investment program -- general provisions. (1) The unified investment program







26 (bl diversify the holdings of each fund within the unified investment program to minimize the risk


28 so; and



I-Legislative \Sen,ices \pjvision

- 27 - HB 166


12) la) Retirement funds may be invested in common stocks of any corporation, except that an






7 (3) la) This section does not prevent investment in any business activity in Montana, including


9 (b) The board is urged under the prudent expert principle to invest up to 3 % of retirement funds



12 (c) In discharging its duties, the board shall consider the preservation of purchasing power of


14 (d) The board may not make a direct loan to an individual borrower. The purchase of a loan or a


16 (41 The board has the primary authority to invest state funds. Another agency may not invest state

17 funds unless otherwise provided by law. The board shall direct the investment of state funds in accorder:ce







24 (c) determine the type of investment to be made;




28 (61 The board may:

29 (al execute deeds of conveyance transferring all real property obtained through foreclosure of any


rLegislative \Services ~vision

- 28 - HB 166


property;

2 (b) direct the withdrawal of any funds deposited by or for the state treasurer pursuant to 17-6-101

3 and 17-6-105;

4 (c) direct the sale of any securities in the program at their full and true value when found necessary


6 (d) expend funds needed to cover costs of necessary repairs to property owned by the board as

7 an investment. Tho oxponElituros may bo maElo Elirootly b•,, tho 13oarEI anEI are staHlloril~, ap13ropriat0El,--as

8 pro~<iEloEI in 17 7 1302. Repairs that cost in excess of $2,500 must be bid, and the bid must be awarded in



11 (7) The cost of administering and accounting for each investment fund must be deducted from the

1 2 income from each fund.

13 (8) At the beginning of each fiscal year, the board shall, from the appropriate fund, reimburse the


15 are not covered by payback funds available from the account established in 90-3-305."


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27 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-31O;10-3-312; 10-3-314; 10 4 301; 10-4-301; 15-1-111;

28 15-23-706; 15-30-195; 15-31-102: 15-37-117; 15-38-202; 1 s es 121; 15-65-121: 15-70-101; 16-1-404;

29 16-1-406; Hl 1 410; 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17 e 404; 17 5 424; 17 e 804;

30 17-6-101; 17 il 201; 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512;

\legislflllve '\Serv,ces "\f!jvision

- 29 - HB 166


19-18-513; 19-18-606; 19 19 2Qli; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20 9 3e1; 20-26-1503;

2 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; ~

3 37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102;

4 50-4-623; liQ Ii 232; eo 40 20@; li3 e 11i0; 53-6-703; 53-24-206; eQ 2 220; 67-3-205; 75-1-1101;

5 7s e 1mg; 7s e 2111; 75-5-1108: 75-6-214: 75-11-313; 7@ 12 12a; 80-2-103; 80-2-222; 80-4-416;

6 81-5-111; B21113e; 82-11-161; glj 1 220; 85-20-402; QO 3 301; 90-4-215; 90-6-331; Q0 7 220;

7 QO 7 221; and 90-9-306.









16 July 1, 2001.)"

17





22 (21 Except as provided in subsection (4), to be effective, a statutory appropriation must comply






28 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-31O;10-3-312; 10-3-314; 10-4-301; 1 Ii 1 111; 1 5-23- 706;

29 15-30-195; 15-31-702; 15-37-117; 15-38-202; lli ee 121; 15-65-121; 15-70-101; 16-1-404; 16-1-410;

30 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-5-404; 17-5-424; 17-5-804; 17-6-101; 17-6-201;

(Legislative 'JServ/ces "/!jvision

- 30 - HB 166


17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606;

2 19-19-205; 19-19-305; 19-19-506; 20-8-107; 20 8 111; 20-9-361; 20-26-1503; 23-5-136; 23-5-306;

3 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501;

4 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623; 50-5-232;

5 50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214;

6 75-5-1108: 75-6-214; 75-11-313; 7612123; 77-1-505; 80-2-103; 80-2-222; 80-4-416; 81-5-111;

7 82-11 -136; 82-11-161; 85-1-220; 85-20-402; 90-3-301; 90-4-215; 90-6-331; 90-7-220; 90-7-221; and

8 90-9-306.


1 O paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued




14 bonds or notes have statutory appropriation authority for the payments. {In subsection (3): pursuant to sec.



17 July 1, 2001.)"

18


20 "19-19-205. Actuarial valuation of police retirement fund. { 1) The city treasurer shall submit to



23 valuation &Rall must consider the actuarial soundness of the police retirement fund for the 2 preceding fiscal

24 years.

25 (2) The valuation i&4e must be prepared by a qualified actuary selected by the department. A




29 the state a1,1diter treasurer a request for payment of the expense incurred in securing the actuarial valuation.

30 The expense may not exceed $6,000 in any fiscal year. The state a1,1diter treasurer shall make payment to

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- 31 - HB 166


2

3

4

the actuary designated in the request. Tho t3a>yment is stat1,1terily at3t3rot3riatoEI as 13roviEloEI in 17 7 602."


"20-3-108. Division of resources and assessment asso1mt funds. Thoro is a roso1,1rcos an El

5 assessment acco1,1nt in tho state special ro•,on1,10 hmEI. Funds derived from the sale of educational materials

6 or services provided by the division of resources and assessment~ must be deposited in the rosoweos

7 ans assessment aeso1,1nt state general fund. In aEIElition to other available f1,1nss, tl=io s1,113orintondent of

8 131,1blic instruction sl=iall use these fonss far tl=ie e13oration ans maintenance of tl=ie sivision of reso1,1rces and

9 assessment as a1,1thoriloEI by 20 3 1 0e."

10

SECTION 30. SECTION 20-8-111, MCA, IS AMENDED TO READ: 11

12 "20-8-111. Duty of board of public education as to property of school. The board of public

13 education l=ias a staWtery a1313ro13riation, as 13roviEled in 17 7 602, ans shall, either directly or through a


15 maEle over transferred to &le¾GR the board or to the state of Montana by purchase, gift, devise, or bequest,

16 or otherwise acquired and the proceeds, interest, and income thoroof of the property for the use and benefit

17 of saW the school for the deaf and blind. All donations, gifts, devises, or grants A'laElo before, on, or .,!i-tef

18 October 1, 1 QQ3, to tl=io ssl=iool sl=iall vest in the board or its designee, as trustee for the state of Montana,



20

21

22 "20-9-360. State equalization aid levy. t-l+ There is a levy of 40 mills imposed by the county

23 commissioners of each county on all taxable property within the state, except property for which a tax or

24 fee is required under 23-2-517, 23-2-803, 61-3-504(2), 61-3-521, 61-3-527, 61-3-537, and 67-3-204.

25 l,;xcet3t as t3rouised in s1,1ssostion (2), t3rosooss Proceeds of the levy must be remitted to the state treasurer

26 and must be deposited to the credit of the state general fund for state equalization aid to the public schools

27 of Montana.

28 12) i;;or tl=io benefit of oash m1,1nisit3ality tl=iat croatoEI an 1,1rban renewal area ans aEloptos a tax

29 insromont finansing provision for tl=ie 1,1rean rnnowal area 13rior to J1,1ly 1, 1 QQO, tho state troas1,1ror shall

30 sistributo oash fissal year froFR tho state oei1,1alilation ais levy to tho munisit3ality the amo1,1nt, if any, O(lual

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- 32 - HB 166


1 to tho produot of tho inoromontal tmiaelo value of tho urean renewal aroa times the roduood sohool I01,•y

2 for tho area, sash oaleulatod for tho fisoal yoar. Tho roduood sohool levy for a fissal ·tear is tho differenoo

3 Between the aggregate amoldnt of all 13roperty tax I01,ies far sohool pldrposos in tho urean renewal area,

4 expressed in mills, in the fisoal year ended Juno 30, 1 QSQ, ans tho arrnrogato amount of all 13.ropert·,' tax

5 le,,ies for sohool pur13oses in the area or tho distriot, el1pressed in mills, in the fisoal •,•oar, inoluding the state

6 oqualizatien aid levy. The state treasurer shall distrieute tho amounts to munioipalities in two equal

7 insta!IR'lents on Deoomeer 31 ans Juno 30 of tho fisoal year."


8

9

10 "20-9-361. State and oounty County equalization revenue statutory a13propriatien. µ+ Revenue




14 (2) ~o,,onuo reooivod from tho state equalization ais lovy for a R'IUnisi13ality that sreated an urban

15 rene•val area and adopted a tax inoromont finanoin§ pro•.'ision for tho urean renewal area prior to o'uly 1,

16 1 QQO, is statutorily a13propriated, as previdod in 17 7 fi02, te bo distrieutod as wovidod in 20 9 360(21."

17








25 of it.






( Legislative ,services \_!!ivision

- 33 - HB 166


it to the state treasurer who shall audit the claim and, if found correct, certify the claim to the department.

2 If the department approves the claim, it shall pay the claim to the depositor or creditor. Ths money

3 E1013ositsEI in ths !3Bn0Fal f1,mEI f3UFsuant to this ssstion is statutoFily 3f3f3FOf3FiatsEI, as 13rn•~iEleEI in 17 7 e02,

4 ts the do13artrnont foF the 13ur13os0 of 13ayin9 a1313rov0El slairl'ls."

5


7 "37-43-204. Earmarked money for board expenses -- expenditure of funds from bonds. 11) All




11 and interest from investment of the money in the state special revenue fund that are collected under tr1is





16 37-43-309, 37-43-310, and 37-43-313. These funds. other than those to pay any administrative costs, are


18


20 "39-71-503. Administration of fund -- appropriation. ( 1) The department shall administer the fund










30

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- 34 - HB 166



2 "39-71-531. Definition of underinsured employer. For purposes of 39-71-531 through ;,Q 71 13;, 4





7

8

9


"39-71-533. Collection of payments from underinsured employer. If, upon demand of the





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"39-71-2354. Use of old fund liability tax proceeds -- loans -- bonds. ( 1} +aJte& Subject to

39-71-2503(21. taxes collected under 39-71-2503 may be used only to administer and pay claims for







necessary. If the budget director agrees with the state fund's board of directors that additional funding is

necessary, the budget director shall certify to the board of investments the amourit that the budget director






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- 35 - HB 166








7 39-71-2355.


9 issued under 39-71-2355, except bonds issued to repay loans as provided for in subsection (1 ), may not

1 O exceed $220 million. All loan and bond proceeds given to the state fund must be repaid to the board of



12

13

14 "39-71-2503. Workers' compensation old fund liability tax. (1) (a) There is imposed on each

15 employer, except an employer whose employees are covered by federal workers' compensation legislation,




19 15-30-204(1);

20 (iil for the preceding month for employers subject to the payment schedule contained in

21 1 5-30-204( 2); and

22 · liiil for the preceding year for employers subject to the payment schedule contained in

23 15-30-204(3)(8).

24 (b) There is imposed on each employee, except an employee who is covered by federal workers'



27 wages.

28 (c) (i) There is imposed on each business of a sole proprietor, on each subchapter S. corporation



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- 36 - HB 166




3 (ii) The tax imposed in this subsection W(cl applies only to the ordinary income of a shareholder,



6 subsection W(cl.

7 (dl A corporate officer of a subchapter S. corporation who receives wages as an employee of the



10 officer's wages.

11 lei A corporate officer of a closely held corporation who owns stock in a closely held corporation




1 5 If) +RiG The old fund liability tax deposited in the account established in 39-71-2504 must be used














29 this section.


\

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- 37 - HB 166











1 O or fee assessed against persons subject to the tax.

11 (3) (a) Tax payments and returns required by subsections ( 1 )(a) and ( 1 )(bl must be made pursuant

12 to 15-30-204. +l:!Q After depositing the portion of the tax in the state general fund, the department shall



15 lb) Tax payments due from sole proprietors, subchapter S. corporation shareholders, partners of


17 time as the returns filed pursuant to 15-30-144 and 15-30-241. +l:!Q After depositing the portion of tl:G tax

18 in the state general fund, the department shall first credit a payment to the liability under 1 5-30-1 03 or


20 14) An employer's officer or employee with the duty to collect, account for, and pay to the











; Legislative \Services \_f!jvision

- 38 - HB 166





4 (7) The provisions of Title 15, chapter 30, that are not in conflict with the provisions of this part





9 department."

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"39-71-2504. Workers' compensation bond repayment account. ( 1) There is a workers'

compensation bond repayment account in the enterprise fund.

(2) AA After depositing 1.20% THE AMOUNT APPROPRIATED TO THE DEPARTMENT OF REVENUE

FOR THE COLLECTION OF THE OLD FUND LIABILITY TAX in the state general fund, all remaining

collections of the tax imposed under 39-71-2503 and the interest and penalties on the tax must, in

accordance with the provisions of 15-1 -501, be deposited in the workers' compensation bond repayment

account. All money deposited in the workers' compensation bond repayment account must be retained in

the account to the extent necessary to pay the principal of and the redemption premium and interest due

on workers' compensation bonds issued under 39-71-2354 and 39-71-2355 and to establish and maintain

a reserve for the bonds equal to the maximum annual principal of and interest on the bonds in any future

year. The balance in the workers' compensation bond repayment account is statutorily appropriated, as

provided in 17-7-502, to the state fund to be used to reduce the unfunded liability in the state fund incurred

for claims for injuries resulting from accidents that occurred before July 1, 1990."


"49-2-510. Procedures and remedies for enforcement of housing discrimination laws. ( 1) A




!Legisl,alive \Services \Division -'

- 39 - HB 166


1 discovered.



4 engaged in a discriminatory practice in violation of 49-2-305, the commission may, in addition to 1he




8 any prior discriminatory housing practice-in violation of 49-2-305;


1 O other discriminatory housing practice in violation of 49-2-305 during the 5-year period ending on the date





15 (bl If the acts constituting the discriminatory housing practice that is the object of the complaint


17 constituting a discriminatory housing practice, the civil penalties provided in subsections (2)(a)iii) and

18 (2)(a)(iii) may be imposed without regard to the period of time within which any prior discriminatory housing


20 (3) In the case of an order with respect to a discriminatory housing practice in violation of




24 (a) send copies of the findings of fact, the conclusions of law, and the order to the licensing or


26 lb) recommend to the licensing or regulatory agency appropriate disciplinary action, including,

27 Wfleffi when appropriate, the suspension or revocation of the license of the respondent.

28 (4) (al When a complaint is filed under 49-2-305, a complainant, respondent, or aggrieved person

29 on whose behalf the complaint was filed may elect to have the claims decided in a civil action in lieu· of a


i Legislative \Services

...,~,!!_ivision • 40 - HB 166


person of service of notice of certification for hearing under 49-2-505. The person making the election shall





6 a finding that the allegations of the complaint ~re not supported by substantial evidence, the complainant

7 may commence a civil action in an appropriate district court in accordance with subsection 15). An



1 O lb) The commission may not continue administrative proceedings on a complaint after an election


12 (51 (a) An aggrieved person may commence a civil action in an appropriate district court within 2



1 5 of 49-2-306. The computation of the 2-year period does not include any time during which an



1 8 breach of a conciliation agreement.



21 a complaint filed with the commission. except as provided in subsection I5)(d). If the commission has




25 (c) The commission may not continue administrative proceedings on a complaint after the beginning

26 of a trial of a civil action commenced by the aggrieved party under this subsection (5) seeking relief with





(Legislative 'rSen,ices '\!!jvision

- 41 - HB 166


(e) Upon application by a person alleging a violation of 49-2-305 in a civil action under this



4 (ii) authorize the commencement or continuation of a civil action without the payment of fees,


6 civil action.



9 the commission may obtain the same relief that would be available to the commission under subsection 17).

1 O (6) If the court finds that a person, institution, entity, or agency against whom a complaint was




14 (7) (a) Whenaver the commission has reasonable cause to believe that a person or group of persons


1 6 discriminated against in violation of 49-2-305 and the denial raises an issue of general public importance,




20 agreement.

21 (b) The commission may file a civil action under this subsection (7) within 18 months after the





26 Iii) in an amount not exceeding $100,000 for any subsequent violation.

27 Id) Upon timely application, a person may intervene in a civil action under this subsection (7) that


29 18) Civil penalties under this section must be paid to the state treasurer to be deposited in aR

30 asseunt in the state spesial revenue general fund te se uses sy the G8Fl'lFl'lissien fer housing~

CLegislaJive "Services l,,_f!jvision

- 42 - HB 166


0nforc0m0nt."


2

3

4 "50-5-112. Civil penalties. (1) A person who commits an act prohibited by 50-5-111 is sub1ect










14 patient;

15 lli.J. the degree of harm to the health, safety, rights, security, or welfare of a resident or patient:

16 aB4

17 if)_ the degree of deviation committed by the facility from a requirement imposed by part 1 or 2


1 9 +bl-1.Ql other matters as justice may require.

20 (3) A penalty -collected under this section must be deposited in the J3atient J3retaetion aeeount

21 J3re,•i1foEI for in sO s 232 state general fund.

22 (4) In addition to or exclusive of the remedy provided in subsection ( 1), the department may pursue

23 remedies available for a violation< as provided for in 50-5-108< or any other remedies available to it."

24


26 "50-5-113. Criminal penalties. ( 1 l A person is guilty of a criminal offense under this section if the



29 of the person:

30 (al commits an act prohibited by 50-5-111;

1, Legislf11ive \Services \E,ivision

- 43 - HB 166


(bl omits material information or makes a false statement or representation in an application,



4 or


6 required to be maintained or filed in compliance with a provision of part 1 or 2 of this chapter or in


8 (2) A person convicted under subsection ( 1) is subject to a fine of not more than $1,000 for the


1 O violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted or



1 3 the court shall consider:


15 patient;

16 J.hl the degree of harm to the he:iltn, safety, rights, security, or welfare of a resident or patient;

17 afl4

18 i£l. the degree of deviation committed by the facility from a requirement imposed by part 1 or 2


20 +l:l+J.gl other matters as justice may require.

21 (41 Prosecution under this section does not bar enforcement under any other section of this chapter


23 (51 Venue for prosecution pursuant to this section is in the county in which the facility is located


25 (6) A penalty collected under this section must be deposited in the patient prot0cti0n account


as provided in 1 7 7 s02.

2 (2) There is deposited in the patient protection account+

3 lal penalties oollootod purs1c1ant to part 1 or 2 of this ohapter;

4 +bl- money received by the department in the form of gifts, grants, reimbursements, or

5 appropriations from any source that are intended to be used for the purposes of the account~

6 (o) interest oamod on money in tho aooount.


8 {al to pay for the costs of a receivership; and

9 {b) to pay for the cost of department-initiated relocation of residents.

10 14) Penalties collected pursuant to part 1 or 2 of this chapter must be deposited in the state general

11 fund."

12


14 "50-40-206. Special revenue account -- donations for smoking areas statutory appropriation.

15 ( 1) There is an account in the state special revenue fund for the establishment of designated smoking areas




1 9 special revenue account established in subsection ( 1 l.

20 (3) The money in the special revenue account established in suesootion ( 1) is statutorilv

21 a13propriated, as pro><isos in 17 7 602, to must be used b'i the department of administration to pay for the


23


25 "53-6-150. Statutory appropriation of Elonated Donated funds. t+} The department of public health


27 assistance programs. Donated funds must be matched with federal funds whenever possible.

28 (21 f=unss senates to the department for its mesioal assistanae programs are statutorily

29 appropriated to tho EJ013artmont as provii:Jei:J in 1 7 7 602."

30

C Legislative '- Services ~Jijvision

- 45 - HB 166


SeGtioA 48. ~sctioA li3 19 310, MCA, is amsndsd ts road:

2 "liJ 1 Q J 10. Fu Ad .11.GGOllAt for telesommuAisatioAs sertises for tile llaAdiGapped. ( 1 l Thero is an

3 account for telecommunications soprioos for tho handica13130El in tho state s13ooial revenue funel in the state

4 treasury. Tho aocount oonsists of:

5 (a) all monotar>,• contritrntions, §ifts, and §rants roooi11od by tho ooniniittoo as provides in

6 63 19 309; anel

7 (bl all char§BS billed and collostod 13ursuant to Ii 3 1 Q 311.

8 (2) Tho money in tho account is allocated to tho committee for 13urposas of implomontin§ this l')GH,

9 (3) All expenditures of the oommittoe in aelministorin§ this part must be paiel from money dopositod

10 in tho aooount."

S&Gti-OA 4 Q. ~ootion li3 19 311, MCA, is amondod to road:

11

12

13 "liJ 1 Q J 11. SpeGial assessment. ( 1) /I ohargo of 10 oonts a month may bo assossod on eaG-h

14 tolo13hon~ aoooss lino pro\•ided anel billed by oaoh looal oxohange sompany and is in,posed for the purposes

1 5 of this part.

16 (2) f;aoh customer of a local exchange oom13any is liable for 13ayment to the looal o>whan§e

17 eom13any of any eharge properly impased 13ursuant ta this 13art. Tho looal sicohange oompany is not liabl-o

18 far any unsollootod ohar00, nor ~:leas tho oonipany ha\•B an obligatian to take legal aotion to onforoo tho

19 oollootion of any ohargo that is unpaid ey its oustomors.

20 (3) leaoh laoal oxohanga oompany shall bill eaoh oustomor for tho ohar§o provieloel for in subsection

21 +1 ). f;xoa13t as 13ro 11 ieled in subseotion (4), all oharges billed anel oollootoel ey a local exohango company must

22 bo transmittoel to the state treasurer no later than tt:10 last Elay of _the month follo•NiA§ tho and of each

23 ealonelar EtUartor in 1Nhich tho ehargo is eillod. 011 ohargos roooi 110El by the state traasuror must bo deposited.

24 in tho state §lonoral fund established in 63 1 Q 310 to tho orodit of tho oonimittoo.

25 (4) leash iooal B>whan§e oompany may doduot anel retain J/4 of 1 % of tho total ohar0es billed anel

26 oollooted each month to co,.,er its aelministrative expenses in com13lyin§ with tho roEJuiremonts of subsection

27 +J~

28

29

30


"53-24-108. Utilizatien Use of funds generated by taxation on alcoholic beverages. (1) Revenue

\ Legislative )Services "1.Efvision

- 46 - HB 166


generated by 16-1-404, 16-1-406, Hi 1 408, and 16-1-411 to state-approved private, nonprofit or public



4 (al as payment of fees for alcoholism services provided by state-approved private, nonprofit or


6 (bl as grants to state-approved private. nonprofit or public alcoholism programs.


8 generated by 16-1-404, 16-1-406, Hi 1 408, and 16-1-411.

9 (3) ~ A person operating a state-approved alcoholism program may not be required to provide

"IQ matching funds as a condition of receiving a grant under subsection (1 l ef tl=lis sestieR.




14 (5) ~ A person receiving funding under this section to support operation of a state-approved

1 5 alcoholism program may not refuse alcoholism treatment, rehabilitation, or prevention services to a person


17 (6l A grant made under this section is subject to the following conditions:




21 lb) Whenever, during the period of grant support, program income exceeds the amount estimated

22 in the grant application, the amount of the excess SRaU must be reported to the granter.

23 (cl The excess SRaU must be used by the grantee under the terms of the grant in accordance with



26 made; or

27 (ii) to allow program growth through the expansion of services or for capital expenditures necessary


29 (7l Revenue generated by 16-1-404, 16-1-406, 1e 1 408, and 16-1-411 for the treatment,

30 rehabilitation, and prevention of alcoholism wl=liGfl that has not been encumbered for those purposes by the

[Legislative \Services

t..,, Division ,_ - 47 - HB 166


counties of Montana or the department 6flaU must be returned to the state special revenue fund for the


3 wiU must be distributed by the department the following year as provided in 53-24-206(3)(bl."

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"60-2-220. Butte-Anaconda cultural heritage area -- signs -- location and design -- funding. I 1)

There is established a cultural heritage area encompassing Silver Bow County and Deer Lodge County.

(2) Subject to the provisions of federal law, the department shall, as funds are available under

subsection (4), erect and maintain at specified locations on the primary and interstate highways in Silver

Bow County and Deer Lodge County signs identifying those counties as a cultural heritage area.

(3) The consolidated governments of Butte-Silver Bow and Anaconda-Deer Lodge shall design the

signs and designate the general locations for the signs. The department shall determine the exact location

of each sign.

(4) The department may accept money from other state agencies, federal agencies, local

governments, or private persons for the purposes of subsections (2) and (3) and may expend, as a statutory

appropriation under 17 7 e02, the money received for those purposes.

(5) As used in this section, "department" means the department of transportation provided for in

2-15-2501."


"60-11-120. Railroad and intermodal transportation facility loans and grants -- authorization -

eligibility. (1) Money dopgsitod in tho special railroad facilities and intormgdal transportation facilitios

accgunt created in 60 11 12~ appropriated by the legislature may be used by the department of


loans and grants for the preservation and continued operation of railroad branch lines identified in


all repayments of loans, including interest, made under this section must be deposited in the spacial railroad

facilities and intormodal transportation fasilitias acsgunt state general fund.

(2) An owner or operator of a railroad identified in 60-11-111 (2) is eligible for a loan or grant under

this section preuided that jf the owner or operator:

rLegislative \services \_!!_ivision

- 48 - HB 166


la) undertakes to repair, improve, or replace rail facilities to allow the continued operation of the


3 lb) derives revenue from the continued operation of the railroad.

4 131 A port authority created under Title 7, chapter 14, part 11, is eligible for a loan or grant under


6 provieloel that !f:


8 U.S.C. 135; and

9 (b) the intermodal transportation facility for which a loan or grant is sought is integrally related to

10 the railroad transportation system of the state."

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12

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20

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23

24


"60-11-123. Disposition of revenue from state-owned railroads -- use of money. (1) Unless

otherwise required by law, revenue from the lease or sale of assets of or revenue paid to the state of

Montana by an operator of a railroad owned by the state of Montana must be deposited in the spesial

railroael faoilitios aAEI iAterFAeelal traAsportation fasilities aoaoc1At aroateel iA 60 11 122 state general fund.

12) The department of transportation is authorized to administer, as provided in 60-11-120 through

60-11-123, the speaial railreaEI fasilities aAEI iAterFAeelal traAspertatieA fasilities assoc1At sroatoel in

60 11 122 funding available to provide for improvement of railroad tracks and associated facilities of any

state-owned railroad in Montana and to provide loans and grants to railroad lines and intermodal

transportation facilities as provided in 60-11-120."


"61-3-509. Disposition of taxes. (1) Except as provided in subsection (2), the county treasurer


26 motorcycles, motor homes, travel trailers, and campers collected under 61-3-504, 61-3-521 , 61-3-527, and





CLeglslfillve 1Serv,ces ''\!!.f vision

- 49 - HB 166


(21 The county treasurer shall deduct as a district court fee 7% of the amount of the 2 % tax




5 fund. The state treasurer shall credit amounts received under this subsection to the €Jeneral state special

6 revenue fund to be used for purposes of state funding of the district court expenses as provided in

7 3-5-901."

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9 Section 52. Section 61-5-1 21, MCA, is amended to read:

10 "61-5-121. Disposition of fees. ( 1) The disposition of the fees from driver's licenses provided for

11 in 61 e 111 (7)(a), motorcycle endorsements provided fer in 61 e 111 (7)(1:J), commercial driver's licenses

1 2 pre~rides fer in e 1 a 11117)(0), and duplicate driver's licenses provided for in 61-5-114 is as follows:

13 (al The amount of ~ 16. 7% of each driver's license fee and 25% of each duplicate driver's




17 (b) (i) If the fees are collected by a county treasurer or other agent of the department, the amount

18 of J.7a% 2.5% of each driver's license fee and 3.75% of each duplicate driver's license fee must be


20 Iii) If the fees are collected by the department, the amount provided for in subsection (1 )lb)(i) must


22 (cl Ii) If the fee is collected by a county treasurer or other agent of the department, the amount

23 of a.!¼- 3.34% of each motorcycle endorseme_nt must be deposited into the county general fund.

24 Iii) If the fee is collected by the department, the amount provided for in subsection 11 )(c)(i) must


26 Id) The amount of 26. 25 % of each driver's license fee and 8. 75 % of each duplicate driver's license


28 (el In addition to the amounts deposited pursuant to subsections (1 )(b)(ii) and (1 )lcl(ii), the amount

29 of 54.55% of each driver's license fee and 62.5% of each duplicate driver's license fee must be depo'sited


1 leg is/alive \Seniices \,!!jvision

- 50 - HB 166


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(f) If the fee is collected by the county treasurer or other agent of the department, the amount of

a.7ii% 2.5% of each commercial driver's license fee must be deposited into the county general fund,

otherwise all of the fee must be deposited in the state general fund.

(g) The amount of~ 63.46% of each motorcycle endorsement fee must be deposited into the

state traffic education account in the state special revenue fund, and the amount of 33.2 % of each


(2) (a) If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and

duplicate driver's licenses are collected by a county treasurer or other agent of the department, the county

treasurer or agent shall deposit the amounts provided for in subsections ( 1 )(b)(i) and ( 1 )(c)(i) into the county

general fund. The county treasurer or agent shall then remit to the state treasurer all remaining fees,


state special revenue fundL as provided in subsection ( 1 )(a)L and the state general fund. The state treasurer,

upon receipt of the fees and statement, shall deposit the fees as provided in subsections ( 1) (a) and ( 1) (d)

through (1)(g).

(b) If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and

duplicate driver's licenses are collected by the department, it shall remit all fees to the state treasurer,


state special revenue fund as provided in subsection (1 )(a), the state special revenue fund, and the state

general fund. The state treasurer, upon receipt of 'the fees and statement, shall deposit the fees as provided

in subsections ( 1 )(a), ( 1 )(b)(ii), ( 1 )(c)(ii), and ( 1 )(d) through ( 1 )(g)."


23 "75-5-1108. Statwtery apprepriatieR Use offunds-- STATUTORY APPROPRIATION. Money in the

24 revolving fund is stat1e1teFily appFepFiated, as PF8\1ided iA 17 7 iiO:!, A'llelGt bo lelGOd IS STATUTORILY


26 concerns and paying debt service on obligations. MeAe'/ iA the spesial adA'liAistratii,•o sests asoe1e1At

27 a1e1theFi;!ee b~• 7ii ii 111 a is s1e1bjeet te le!!i&latiYe appFopriatioA seAstraiAts, aAd 0>1p0Adit1e1res fFOA'l tt:lis

28 asee1e1At A'llel&t be A'lade fFeA'l toA'lpeFaF'/ appFepFiatioAs, as desoribed iA 17 7 ii01 I 1) er (:!), A'lade feF tt:lat

29 J.HUl:}868 u

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~ative tees ision

- 51 - HB 166



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"75-6-214. Stat1a1ter•; apprepriatieR Use of funds·· STATUTORY APPROPRIATION. Money in the

revolving fund is stat1,Heril•( apprepriate!l, as preYille!l in 17 7 e02, must be use!l IS STATUTORILY

APPROPRIATED, AS PROVIDED IN 17-7-502, for the purposes of providing financial assistance to public

water systems. Maney in the a!lrninistratien asseunt autherize!l B'f 7e e 211 is sulJjest te le1iislative

appre13riatien, an!l e1113en!litures frern this aooeunt rn, 1st ee rna!le frern tern13erary a1313r013riatiens, as

eesorilJe!l in 17 7 e01 ( 1) er (2), that are malls fer that 13ur13ese."


10 "75-10-954. Megalandfill reclamation account -· deposit of funds. (1) There is a megalandfill


12 (2) All fees, fines, penalties, forfeited bonds, an!l ether rnene•,· that have been or will be paid to






18 (4) All fees, fines, penalties, and other money paid to the department under the provisions of


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21 Section 56. Section 76-12-1 23, MCA, is amended to read:


23 the state special revenue fund established in 17-2:102.



26 part, including administration of a natural areas program. These tunes, o*se13t fun!ls use!l fer a!lrninistratien

27 ef a 13re9rarn, are statuteril>; a1313re13riate!l, as 13revi!lee in 17 7 e02."


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f,Legisl!"ive 1serv,cu \!!jvislon

- 52 - HB 166


December 1, approve and authorize the issuance of a warrant on the general fund of the state made


3 equalization payment. The payments are statutorily appropriated as provided in 17-7-502."

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6 "77-2-323. Sale procedure and limitation. ( 1) At the time fixed for the sale, the lands~ must


8 departmentL the lands Sflali must be sold to the highest qualified bidder under the following restrictions:

9 (a) ~la lanes Lands may not be sold for less than the value determined by the board after appraisal

1 0 by a qualified land appraiser.

11 (bl Tillable lands capable of producing agricultural crops may not be sold for less than $10 ~ an

12 acre.

13 (c) Lands principally valuable for grazing purposes may not be sold for less than $5 ~ an acre.

14 ( 2) The lands Sflali must be sold as nearly as practicable according to the subdivisions in which

15 they are advertised, and care~ must be taken not to subdivide any tract in such a way as to separate


17 (3) The sale may be adjourned from day to day until all the lands advertised have been offered for

18 sale.

1 9 (4) If any successful bidder at a sale refuses or neglects to make the initial payment required to

20 be made on the land purchased by-1:iim, l=t& the successful bidder shall forfeit to the state not less than $50

21 or more than $1,000, to be determined by the board according to the circumstances of the case. If 6tlGl=I


23 the attorney general shall sue for the recovery tRaFeef of the amount in the name of the state. The


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27 "77-2-328. Additional rules -- deposit of fees. The board may prescribe &HGR any additional rules

28 for the conduct of these sales as in its judgment the interests of the state may demand. Any fees collected

29 by a rule adopted pursuant to this section must be deposited in the state general fund·."

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,s/ative rvlces

vision - 53 - HB 166



2 "77-5-305. Responsibility for compliance -- penalties -- administrative orders. ( 1) (a) Except as

3 provided in subsection ( 1 )(b), it is the responsibility of the owner to ensure compliance with the provisions


5 (bl If a written contract between an owner and an operator specifies that the operator is

6 responsible for compliance with laws relating to forest practices, the operator is considered the responsible










16 violation.




20 (cl If, after a hearing, the department finds that a violation has occurred and the watershed or










30 (5) All fines and penalties levied under this section must be deposited in the state general fund."

1Legislf1tive '\.,Services \!!f vision

- 54 - HB 166





4 82-11-123(5). Thoso funds are statutoril•; appropriatod as pro,•idod in 17 7 602."


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7 "8 5-1-220. State water project hydroelectric power generation special revenue account created

8 -- Fe'lenues revenue allocated. I 1 I There is a state water project hydroelectric power generation special


1 O (21 Except as provided in the applicable bond resolution, all ro•,<onuos revenue derived from



13 (3) The rovonues revenue received under this section must be used to repair and rehabilitate


15 (4) The funds deposited in the state water project hydroelectric power generation special revenue

1 6 account under this section but not appropriated during the biennium and money appropriated from the




20 (el Thero is a statutory appropriation pursuant to 17 7 602 to allow tl=lo dopartA'lent to trandor

21 a¥ailablo funds froA'I tl=lo stato •,11atar projest l=lvdroolestris po1,'¥or genoratien sposial ro.,,onuo ascount wl=len

22 noosed to pa¥ eoht sarvioo on state yrator prajoot hands, including hut not liA'litod to hroad.,rator po>\/or

23 projost hands.

24 (el There is a statutory appropriation pursuant to 17 7 002 for tl=lo eepartA'lont to transfer a¥ailaslo

25 funels :lroA'I tho broadwater replacoA'lont anel renewal asoount when neeeled to pay dost ser¥ise on tho

26 sroadwator po•uar wojest sands."


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29 "90-3-301. Appropriation Spending authority and funding -- matching funds. (1) The board has


i Legislative \,Services

~,!!_ivision - 55 - HB 166

55th Legislature HB0l 66 04

income. Those funds are statutoril't 3f'lf'lFOf'lFiatod as f')rsvidod in 17 7 502.





6 The board may accept as matching funds those received by the loan recipient within 1 year prior to the



9 (4) A loan may not be made for a research and development project for which matching funds have

1 O not been received unless the matching fund requirements are waived by the board pursuant to this section.


12 development project loan may be made. The board may waive the required match for up to 25% of the


14 potential · commercialization of the research and development project, in addition to its potential to

15 strengthen the partnership between the public sector and private sector, warrant the waiver. The board may





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21 "90-7-220. Montana developmental center loan. ( 1) The department of public health and human










CLepislaJive \Services \lJjvision

- 56 - HB 166


in the loan agreement.








9 interest payments as due under the loan agreement. PrinGipal and intorost payments oonstituto a statutory

10 appropriation wit1=1in t1=1o moanin9 of 17 7 s02. Whenever the foregoing facility revenues exceed the amount





15 when foreclosure occurs under the agreement or the mortgage. Notwithstanding 77-2-302( 1) and upon


17 commissioners as a first and prior claim against the mortgaged land an amount equal to the full market




21 7.




2 5 section."

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28 "90-7-221. Montana state hospital loan. (1 l The department of public health and human services



I-Legislative \services

~-,_I!jvision - 57 - HB 166


including the establishment of reserves and the payment of costs of the financing. The maximum principal









1 O principal and interest payments required by that agreement are payable from the facility revenue obtained





15 deposited in a special revenue fund and must be applied to the payment of the principal and interest

16 payments due under the loan agreement. i;lriReipal aRel iRterest pa'y'Ffl8Rts G0Rstitute a statutory

17 appropriatioA withiR the FfleaAiAi;J of 17 7 e02. Whenever the foregoing facility revenue exceeds the






23 provisions of 77-2-302(1) and upon foreclosure of a mortgage given to secure the loan agreement, there








CLegislative ~Services ~vision

- 58 - HB 166


center and do not constitute a debt of the state or obligate the state to appropriate or apply any funds or


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4 NEWSECTION. Section 66. Repealer.(l)Sectionsl0-2-417,15-31-408,16 66122,16 66131,


6 (2) Section 1 5-1-111, MCA, is repealed.

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71 EMERGENCY TELECOMMUNICATION TAX TO 55 CENTS. THEN THE PERCENTAGE DE-EARMARKED TO

12 THE GENERAL FUND IN [THIS ACT) IS 3.63% 3. 76%.

13

14 NEW SECTION. Section 68. Effective dates -- TERMINATION. (1) [Sections 1 through ~

15 THROUGH -2-&47 26, ~ 28 through~ 65, aAel 63(1) 6Q(1) 66(1). AND +/J 67 and this section]

16 are effective July 1, 1997.

17 12) [Sections~ 27 and 63(2) ™166(2)] are effective July 1, 2008.

18 (3) [SECTION 4-& 4] IS EFFECTIVE ON PASSAGE AND APPROVAL AND TERMINATES JULY 1,

19 1997.

20 -END-

f Legislative '1S~lces ,J!jvision

- 59 - HB 166

55th Legislature

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HOUSE BILL NO. 166



HB0166.05





9 2 Hi ei01, 2-17-105, 7-15-4286, 7-15-4292, 10 2 416, 10-3-312, 10-4-301, 10-4-302, 151-501,

10 15-30-153, 15-35-108, 15-36-324, 15-38-106, 16 66 121, 15-70-125, 16-1-306, 16-1-404, 16-1-406,

11 16-1-409, 16-11-119, 16-11-206, 17-1-508, 17-5-403, 17-5-404, 17-5-405, 17-5-408, 175804,

12 17-6-201, 17-7-502, 19-19-205, 20-3-108, 20-8-111, 20-9-360, 20-9-361, 32-1-537, 37-43-204

13 39-71-503, 39-71-531, 39-71-533, 39-71-2354, 39-71-2503, 39-71-2504, 49-2-510, 50-5-112,

14 50-5-113, 50-5-232, 50-40-206, 53-6-150, e3 1 o 31 o, e3 HJ 311, 53-24-108, 60-2-220, 60-11-120,

15 60-11-123, 61-3-509, 61-5-121, 75-5-1108, 75-6-214, 75-10-954, 76-12-123, 77-1-505 77-2-323,


17 SECTIONS 1G 2 417, 15-1-111, 15-31-408, 16 eei 122, le ee 131, 16-1-408, 16-1-410, 39-71-534,

18 60-11-122, AND 77-5-306, MCA; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DA TE."

19


2i

SestieR 1. \iiestieR 2 1 e e01, MCA, is ameREloEI te raaEI: 22

23 "2 16 6Q1 {Tomiierary) GoRoral duties. It is tho dc1t~r ef the atternoy goReral:

24 11) te prososc1te or dofoRd all sac1sos iR the sc1preme sec1rt iR whish tho state or aRy offiser of the

25 state in tho offisor's offisial sapasity is a party or in vrhish tho state has an interest;

26 (2) te represent tho staM in all baRkruptsy proseedings in url=lisl=l the state's interest may be

27 affested;

28 (3) after jc1El§ment in any of tho sausos referred to in sc1bsestiens 11 land (2), to direst tho issuing

29 of a prososs as may be nosossary to sarry the jc1dgmont into 01100ution;

30 14) te l~oop a rsgistor of all sasos preseeutod er defended by tho attorne~r general. The register

! Legisl!'tive )S1:_rv1ces \!!_ivision

- 1 - HB 166 REFERENCE BILL

AS AMENDED


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must be open to tho inspostion of tho publio Elurin§ business hours. Tho attorney §ensral shall Elolivor the

register to tho attorney general's suooossor in offioo

Isl to oxersise supervisory po·vers over oounty attorno1•s in all matters portainin§ to tho Elutios of

their ottioos ans from time to tinio roe,uiro of then, reports as to tho oonsition of publio business ontrustea

to their ohargo. Tho supeP•isory powers grantoEI to tho attorney general b•,• this subsootion inolude tho

power ta orser ans airest oounty attorneys in all niattors portainin§ ta tho Elutios of their offioo. Tho sount•y1

attorney shall, when oreloros or sirootos b•; tho attorney §enoral, promptly institute ans siligontly prosoo1o1to

in tho i,iropor oourt and in tho nanio of tho state of Montana any oriminal or si¥il astion or sposial

proooosing.

(6) wtion roe:iuiros b>y1 the public soh1ioo or diroot,3s by tho §ovornor, to assist tho oounty attornav

of any oounty in tho sisohargo of tho oounty attorney's Elutios or to prosomHo or sofond appropriate oases

in »·tiioh tl:10 state or any offisor of tho state in tho offioor's offioial oapaoity is a party or in whisfi--tAA~

has an interest;

(7) to §ivo an opinion in writing, without foe, to tho lo§islature or either house of tho legislature,

to any state ottisor, board, or oomniission, to any sounty attorno•;, to tho sity attorney of an1• sity or town,

or to tho board of oounty sommissionors of an·; oeunty of tho state when roe:iuirod upon any question of

law relating to t1=1oir 1b.J! rosposti 110 offioos. Tho attorney §enoral shall give tho epiAion within 3 n,ord,&

following tho dato that it is requested unless tho attorney general oortifios in writing to tl:10 roquestiAg party

that tho question is of suffisiont soniploxity to require asditional tinie. If aA opinion issuoEI by tho attorno'f'

§eneral sonflists with an opinion issued b•; a sity attornoy, sounty attorney, or aA attorney eniployod or

retaines b-,· any state effisor, boara, oommi,ssioA, or eopartnien:t, the attorney §Onoral's opinioA is

ooAtrolling uAloss ovorrulos b•r a state Elistriot sourt or tho suprenio court.

(8) to sisshargo tho sutios of a member of tl=1s i::Joard of examiners ans state i::Joard of laAd

soniniissionors;

19) to deposit in tho ctato aoneral funs aniounts rooovores on behalf of tl=1e state in antitrust or

oonsun,er protostion aotiORG;

I9):U.Ql. to porferni all othor duties as requires by la.,.,. (Terminates Juno 30, 1997 sos. 4, Ch. 196,

L. 1996.1

2 1li eO 1 !Effesti11e July 1, 1997) General Elutios. It is tho Eluty of the attorney §Onoral:

( 11 to prosoouto or sofonEI all sausos in ttio supremo sou rt in whish tho state or any offisor of tho

\ legisl_ative \.,ServJces \!!jvision

- 2 - HB 166


state in t=iis tt=ie offiser's offisial sapaoity is a party or in wt=iiot=i tRo stato t=ias an intorost;

2 (2) after judgment in any of tho sa1cJSos roforrod to in subsoetion (1 ), to diroet tho issuing of a

3 proeoss as may tio nosossary to sarry tho judgmont into oxocution;

4 (3) to keep a rogistor of all easos prosacutas or dafonsos b'I' him, whish tho attorno•t §Jenera!. Tho

5 ro§listor must be open to the inspestion of tho flUblis durin§ businoss hours bo open to tho inspection of

6 tho public. Tho attornoy gonoral must shall deliver tho rogistor to his tho attornoy gonoral's suecossor in

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8 ( 1) to oxorsiso suparvisory powers ovor sounty attorneys in all mattors portaining to tho duties of

9 their offisas and from time to time FOEJUiro of thorn roports as to tho sondition of publis business ontrustoEJ

10 to thoir shargo. Tho suporvisory powors §rantod to tho attornoy gonoral by this subsostion insludo tho

11 pawor to ordor ans dirost sounty attarnoys in all mattors portaining ta tho duties of thoir offico. Tho sounty

12 attornoy shall, whon ordorod or dirostod b'I' tho attornoy gonoral, pramptl'I' instituto and diligently prososuto

13 in tho prapor aourt ans in tho name of tho stato of Montana any sriminal or sivil action or spacial

14 presoodil'lg,

15 (6) when roEJuirod by tho public sorvico or sirostod b1, tho §Ovornor, to assist tho sounty attGff\eY

16 af an•,' os1,mt1,' in tho discharge el his the oaunty attarnoy's duties or ta prosaouto er dafond ap13ropr'ato

17 cases in whish tho stato or any officor of tho state in his tho officer's offisial oapasity is a party or in whish

18 tho stato has an intorost;

19 (6) ta §Jive his ill.! opinian in vuitin@, without loo, to tho lo@islaturo or oithor hauso of tho lo@islaturo,

20 to any state olfiser, board, or oaFAFAission, ta any saunty attorney, ta tho oity attarnay af any city or town,

21 ans ta the boars af oaunty oaFAmissianoro at any oaunty of tt=ia stats wheA re(luirod upan any qusstian af

22 law nilating ta their the raspestiva affises. l=la The attorney 9eneral shall give an•( sush tho opinion ,.,ithin

23 3 FAanths falloucin§ tho date that it is FOEJuestoEI unloss ho the attarnoy gonoral oortifios in writin§ to the

24 FOEJUOSting 13arty that the (luestian is af suUisient ooFAplexity to FBEJuiro adsitianal tiFAo. If an spinian issues

25 b~· the attarne~1 gonoral eonflists with an epinian issues by a city attorney, oeunty attorney, or an attornoy

26 oFAplayes or rotaineEI B'f any state aHiser, beard, GBFAFAissian, er departFABAt, the attarnoy §aneral's 013 1nion

27 is cantralling unless avorrules by a state distriot oourt er the supreFAe oourt.

28 (7) ta disohar@a the suties al a member at the beard of examiners and state board of lana

29 saFAFAissianers;

30 (Q) ta seaosit in the state §leneral funs aFAounts rosavores an aehalf af the state in antitrust er

[legislative \Services ,!!jvision

- 3 - HB 166


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sons1,1mor 13rotestion astions;

(B)ffi± to perform all other 1fotios as rei;i1,1ir0d by law."


"2-17-105. Insurance on state buildings -- use of proceeds -- building replacement. (1) Monoys

6 Money received by the state as indemn·1tication for damage to state buildings, except buildings procured

7 by the department of transportation by purchase or condemnation for right-of-way purposes,~ must be


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17-7-502, for the purposes of subsections (2) and (3).

(2) Thoso mono•rs are statutor;,I•; apprepriatod as pro•;idod in 17 7 e02 and The money may only

be:



sostion; er


the building. Mone~'S Mon~ transferred in this manner may not be spent by the institution or agency having

custody of the damaged property but 6f\aJ.I must be available for future legislative appropriation. If the

rnone•;s are money is not spent or committed within 2 years from the time tho•r are that it is received, ~

6f\aJ.I the money automatically re¥ef.t reverts to the fund and account from which the premiums were paid.


governing board or officer responsible for the building may ae1thoriz0 request that any moneys money

received by the state as indemnification for property damage te be used to replace the building only if the


building, ans tor this pe1rpase tho arnoe1nts a~1ailablo therefor are stawtorily appropriated as pro,,idod in

17 7 e02. If the governing board·or officer determines that the building should not be replaced, any moneys


on the building 6f\aJ.I must be transferred as provided in subsection (2)(c) of this sostion."

Sestion 3. Sostion 10 2 416, MCA, is amended ta read:

"1Q 2 416. Pledge te Gontine1e □11BFation and maintenanse. Pe1rse1ant to 38 U.S.G. 1341 anEI

( Legisl_ative , Services \!?/vision - 4 - HB 166


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60J6(al{e), tho state shall appropriate funds either froFR the [Jeneral ft1nd or freFR fundc [JOnorated undor

1 e 11 111 to tho do13artFRont of 13ul:llic health and huFRan ceP,iooc finaneial su1313ort noooscary to provide

for oontinuod 013oration and R'laintonanoo of tho state hoFRo for ·,otorans in oactorn Montana. The

dopartFRont of 13ul:llio health and huffian soP,iGoc FRay oontrast with a 13riYato Yondor to provide for tho

013oration of tho eastern P4ontana "otorans' hoFRo and FRay charge tho oontraot Yondor a rental foe for tho

FRaintonanoo and 1,pkoop of tho faoilit11."


"7-15-4286. Procedure to determine and disburse tax increment. (1) Mill rates of taxing bodies

1 O for taxes levied after the effective date of the tax increment provision 6-MII must be calculated on the basis



13 property located within the urban renewal area or industrial district. The mill rate 6G determined 6-MII must

14 be levied· against the sum of the actual taxable value of all taxable property located within as well as


16 (2) {a) The tax increment, if any, received in each year from the levy of the combined mill rates of

17 all the affected taxing bodies against the incremental taxable value within the urban renewal area or

18 industrial district, except for the university system mills levied and assessed against property as dofinod

19 in 7 16 42Q2(e)(a), 6-MII must be paid into a special fund held by the treasurer of the municipality and used


21 lb) The balance of the taxes collected in each year 6-MII !I)ust be paid to each of the taxing bodies


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"7-15-4292. Termination of tax increment financing -- exception reduotion in tax inoroment

distribution. 11) The tax increment provision shall torFRinato terminates upon the later of:

{a) the 15th year following its adoption or, if the tax increment provision was adopted prior to

January 1, 1980, upon the 17th year following adoption; or

(b) the payment or provision for payment in full or discharge of all bonds for which the tax

increment has been pledged and the interest thoroon on the bonds.

[Legislative \Services '1._!!jvision

- 5 - HB 166

55th Legislature HB0166.O5

(2) Any amounts remaining in the special fund or any reserve fund after termination of the tax

2 increment provision sl=lal+ must be distributed among the various taxing bodies in proportion to their property


4 (31 After termination of the tax increment provision, all taxes 6Ha+I must be levied upon the actual

5 taxable value of the taxable property In the urban renewal area or the industrial district and &Rall mus_t: be





10 provision are outstanding on the applicable anniversary, additional bonds secured by the tax increment



13 {6) {al It a munisipality isslclos bonas soslclroa in whole or in part by a tax insromont provisisn after

14 tho 1 Oth·yoar following a tax insromont pro"iGion aaoptoa attar Janlclary 1, 1980, or aftor tho 12th year

15 follo»,in!J a ta1; incromont provision aaoptoa boforo Janlclary 1, 1980, it is not ontitloe to the full eistriBJtion

16 pro 1,iaod in 20 Q 360(2).

17 Isl Tho stato troasuror shall rosuso tho distribution to tho munisipality in oash fissal yoar after '.r..e

18 fisoal yoar in whish tho bonds roforrod to in slcll:lsostion I6Ha~ are issuoa by an amolclnt aqual to tho

19 insroasod taxal:llo valuo of tho projost property multiplioa by tho total nlclmbor of mills lovios and asGossod

20 tor sohool distrist purposes asainst tho property in tho prouiolcls oalonaar year. Tho Elopartffient of ro,1onuo

21 shall Gertify to tho state troaslclror b•r Soptomlc>er 1 of sash year tho insroasod taxable valuo of tho proJ0Gt

22 proper!>;.

23 Is) If tho mlclnisipality isouos moro than one bona i;orios after January 1, 1 991, the aistril:lution to

24 the ffilclnioipality as pro.,idod in 20 9 360(2) is rodusod, ao detorminod in subsestion {6){1:l), l:ly tho sum of

25 tho amounts of sash bona issue.

26 (6) ~or the purposes of sul:lsostion li'i):

27 lal "projest property" is the value of property within an url:lan renewal area affested by an urban

28 f8nowal projest to be finanoed in whole or in part from <tho prosoeas of tho bonds issuod pursuant to

29 sul:lsestion (6){a), sortifiod l:ly the mlclnioipality to tho department of rovonue at tho tifflo tho bonds are

30 issued and identified b;• a ta1, isentifisation numlc>er. Property i,s affestea by an urean rono,.,al projost if tho

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55th Legislature HB0166.O5

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propert>,<:

(ii is to be asEfuiroa or impro,,oa as part of the ureaA reAel"al project;

(iii Is losatea oA property that is to 00 asci1,1ired or improvea as part of tho wbaA ronowal project;

(iii) is oontig1,1ous to, or losatea on property oontig1,101,1s to, property referrea to in subsection (6I1allil

or (6i(a)(ii), including adjaoont property separated by a road, stream, street, or railroad-;.--Of

(iv) is insludod in an agreement setwee_n a 13erson and the munioi13ality in oonneotion with tho ursan

renewal f)rojest for the issuance of the sonds ans if 1,1nder the agreement, tho f)Brson undertakes to develop

or reaevelof) the f)ro13erty.

(b) "inoroased tai,ablo "alue" means the difference setween the taxasle value of the 13roJ0Gt

property for the current fiscal year ans the taxable •,alue of the 13rojoot f3ro13erty for the fiscal year in which

ti=le sends wore iss1,10EI."


14 "10-3-312. Maximum expenditure by governor -- appropriation. I 1) (a) Whenever an emergency



17 exceed~ $4 million in any biennium, minus any amount appropriated pursuant to 10-3-310 in the same

18 biennium.

19 lb) Whenever an emergency or disaster due to fire OR FLOOD is declared by the governor, there

20 is statutorily appropriated to the office of the governor, as provided in 17-7-502, and the governor is

21 authorized to expend from the general fund, an amount not to exceed $10 million in any biennium. The

22 amount appropriated in this subsection lb) may be combined with the amount appropriated in subsection

23 11 )la) for an emergency or disaster due to fire OR FLOOD.

24 I 2) In the event of the recovery of money expended under this section, the spending authority must






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4 amount equal to 6.91 % 7.48% of the money received puIrsuant to 10-4-201 must be deposited in the state

5 general fund. All remaining money received by the depa1rtment of revenue pursuant to 10-4-201 must be

6 paid to the state treasurer for deposit in the account. After payment of refunds pursuant to 10-4-205, the

7 balance of the account must be used for the purposes described in part 1 of this chapter. Tho distribution

8 of tho 9 1 1 omorgonGy tolooommunioations aGGount, aooording to tho roqYiromonts of 10 4 d02, is

J statutorily appropriated. THE DISTRIBUTION OF MONEY IN THE 9-1-1 EMERGENCY

10 TELECOMMUNICATIONS ACCOUNT, AS REQUIRED BY 10-4-302, IS STATUTORILY APPROPRIATED, AS

11 PROVIDED IN 17-7-502, TO THE DEPARTMENT OF ADMINISTRATION. Expenditures tor actual and

12 necessary expenses required for the efficient administration of the plan must be made from temporary

13 appropriations, as dosoribod in 17 7 50111 I or 121, made for that purpose."

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"10-4-302. Distribution of account by department. 11) The department shall make quarterly

distributions of the entire account beginning on I' pril 1, ~-- The distributions must be made for t', ,e

following:

la} administrative oosts inourrod during tho pre,ooding calonaar qYarter by tho aopartmont of

re•,•onuo in carrying out this ehaptor. Tho amount paid may not oxcood 1 % af tho aocount an tho €late at

distrisution or actual oxponsos incurred, whishe>1or is loss.

(bl aaministrativo costs incurred €luring the preceding calenaar qua-ta, B'f the eepartn:1ePt in

carP,·ing out its duties under this chapter. Tho dopartmonfs annual FOGG"ory of oosts may not oi<0ood 7%

of tho amount oollootea by the aoooynt during tho fisoal yoar or actual exponsos insurro€l, whiohovor is loss.

W costs incurred during the preceding calendar quarter by each provider of telephone service in

the state for:

Will collection of the fee imposed by 10-4-201:

Mihl modification ot central office switching and trunking equipment for emergency telephone

service only; and

-!+ii+W. conversion of pay station telephones required by 1 0-4-1 21.

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(2) Payments under subsection (1 ){-G} may be made only after application by the provider to the

2 department for costs incurred in subsection ( 1 ){.;}. The department shall review all applications relevant to

3 subsection ( 1 IW for appropriateness of costs claimed by the provider. If the provider contests the review,


5 13) After all amounts under subsections (1) and (21 have been paid, the balance of the account


7 minimum of 1 % of the balance of the counties' share of tbe account. A 9-1-1 jurisdiction whose 9-1-1

B service area includes more than one city or county is eligible to receive operating funds from the allocation



11 9--1-1 jurisdiction. The department shall provide a report indicating the proportional share derived from the


13 (41 If the department through its monitoring process determines that a 9-1-1 jurisdiction is not





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20 "1 5-1-501 . Disposition of money from certain designated license and other taxes. ( 1 I The state


22 subsection ta+ l1J. all money received from the collection of:

23 (a) income taxes, interest, and penalties collected under chapter 30;

24 (b) except as provided in 15-31-702, all taxes, interest, and penalties collected under chapter 31;

25 (c) oil and natural gas production taxes allocated under 15-36-32417) (a);

26 {al fees ~ren:i eri¥ar's lieansas, ITTetore•,sla enaerseITTents, ana Elt1J,lisato ari•;er's lisonsos as

27 13reuisee in 61 e 121;

28 +stiQl electrical energy producer's license taxes under chapter 51;

29 le) telephone company license taxes under chapter 53;


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(e) tel01')hon0 GBFAl')anv lisense taxes unEler shal')ter 63; anEI

2 (g) fees from driver's licenses. motorcycle endorsements, and duplicate driver's licenses as

3 provided in 61-5-1 21 ; and

4 Mlb.l inheritance and estate taxes under Title 72, chapter 16.

5 {2) All money resei.,sEI froFA ths collection of inc,ams taxes under chapter 30 of this tit!e must, in

6 accordance with ths previsions of subsection (6), bs deposited as follows:

7 {a) 91.3% of the taxes to tho credit of ths state general hmd;

B lb) 8.7% ef the taJces to the medit of ths dset 1;ervioe aocount for long range bi;ileing program

0 bonds as described in 17 6 40Q; and

1 O le) all interest and penalties to the sredit of tho mats general fi;nd.

11 (3) All money rossi,,sd tram the sollection of sorporation license and insomo tal<es U{W6f- shapter

12 31 of this title, OJ10ept as provided in 16 31 70~ in accordanss with the provisions of si;bsoction

13 {6), be deposited as follo,.,s:

14 (a) 89. 6 % of the taJ(es to the srodit ef tl=le state general fi;ne;

15 {b) 10.6 % of the taxes to tt:10 srodit of the debt servise aseoi;nt for lon9 ran9s bi;ilding prowam

16 eonds as described in 17 6 40Q; and

17 (c) all interest and penalties ta the medit ef the state general hmd.

18 Will The department of revenue shall also deposit to the credit of the state general fund all money

1 9 received from the collection of license taxes and fees and all net revenue and receipts from all other sources


21 {6) Oil and nati;ral 9as production taxes allosated under 16 3B 324 {7)(a) must be deposited in #le

22 9snsral fund.

23 t9l-J]l Notwithstanding any other provision of law, the distribution of tax revenue must be made





28 t-7-H.11 All refunds of taxes must be attributed to the funds in which the taxes are currently being



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....... ,}!jvision - 10 - HB 166



2 "15-30-153. Funding for administration of special revenue accounts sposial FeYenue assount

3 for tm, sheskoff administration. ( 1) The department shall charge any special revenue account oroatod after

4 Jamiary 1, 1 QQ3, that is funded by means of an income tax checkoff the actual and necessary cost to


6 (2) In addition to the charges in subsection ( 1), the department shall charge each special revenue

7 account funded by means of an income tax checkoff the actual expenses necessary to administer the


9 (3) Thero are speoial rovemI0 aooounts in the state treasury for the aelFninistration of inooFno tax

1 O ohaol~oHs

11 {4+ All charges collected pursuant to subsections ( 1) and (2! must be deposited in a tax ohookotf

12 administration aooount the state general fund.

13 {6) Tl:la Fnono•1 in a ta>E el:leel<off aElFninistration aeeot1nt, subjest to appropriation, mt1st be

14 oi.pandod to administer tf:la income ta 1, oheol~off fer y•hieh the aeo0t1nt 1Nas o.reataEl."

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25 allocated by the legislature for local impacts, county land planning, provision of basic library services tor




29 this account to another account other than the general fund. Any sash ealanoo that is unspent

30 UNRESERVED FUND BALANCE at the end of each fiscal year must be deposited in the general fund.

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- 11 · HB 166


14) The amount of 1.27% must be allocated to a nonexpendable trust fund for the purpose of parks

2 acquisition or management. Income from this trust fund must be appropriated for the acquisition,

3 development, operation, and maintenance of any sites and areas described in 23-1-1 02.

4 15) The amount of 0.95 % must be allocated to the debt service fund type to the credit of the






1 O 17) All other revenue from severance taxes collected under the provisions of this chapter must be


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13 Section 1 0. Section 15-36-324, MCA, is amended to read:

14 "15-36-324. Distribution of taxes. { 1) For each calendar quarter, the department of revenue shall

1 5 determine the amount of tax, late payment interest, and penalty collected under this part. For purposes of


17 oil and natural gas production taxes paid on production from pre-1985 wells, post-1985 wells, Jnd



20 follows:

21 (a) The amount equal to 41.6% of the oil production taxes, including late payment interest and

22 penalty, collected under this part must be distributed as provided in subsection 11).


24 amount allocated under this subsection (2){b), must be deposited in the a90ncy state special revenue fund


26 subsection 18).





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\ Division ~

- 1 2 - HB 166


penalty, collected under this part on production from horizontally drilled wells and on the incremental



4 15) Except as provided in subsection (6), natural gas production taxes must be allocated as follows:

5 la) The amount equal to 14.6% of the natural gas production taxes, including late payment interest

6 and penalty, collected under this part must be distributed as provided in subsection (71.

7 lb) The remaining 85.4% of the natural gas production taxes, plus accumulated interest earned on

8 the amount allocated under this subsection (5)(b); must be deposited in the agensy state special revenue


10 in subsection 18).




14 17) The department shall, in accordance with the provisions of 15-1-501AA, distribute the state


16 follows:




20 le) 10.7% to be distributed as provided by 15-38-106(2).

21 (8) (a) For the purpose of distribution of the oil and natural gas production taxes from pre-1985







28 (i) By the dates referred to in subsection (9), the department shall calculate and distribute to each


30 determined by multiplying the unit value, as adjusted in this subsection (B)(a), by the units of production

Clegislatlve 'iServices

·\,!!jvision - 13 - HB 166


on which oil and natural gas production taxes from pre-1985 wells were owed for the calendar quarter for

2 which the distribution occurs.

3 Iii) Any amount by which the total tax liability exceeds or is less than the total distributions

4 determined in subsection IB)la) must be calculated and distributed in the following manner:

5 (A) The excess amount or shortage must be divided by the total distribution determim,d tor that


7 [B) The excess percentage must be multiplied by the distribution to each taxing unit, and this


9 IC) The shortage percentage must be multiplied by the distribution to each taxing unit, and this


1 1 (bl Except as provided in subsection I8l(c), the county treasurer shall distribute the money

12 received under subsection (91 from pre-1985 wells to the taxing units that levied mills in fiscal year 1990


14 distributed during fiscal year 1990 in the taxing unit, e):cept that a distribution may not be made to a


16 le) The board of county commissioners of a county may direct the county treasurer to reallocate

17 the distribution of oil and natural gas production tax money that would have gone to a taxing uni1, as

18 provided in subsection (81 (b), to another taxing unit or taxing units, other than an elementary school or high


20 Ii) The county treasurer shall first allocate the oil and natural gas production taxes to the taxing



23 (ii) If the allocation in subsection (B)(cl(i) exceeds the total budget for a taxing unit, the







30 (ii) If the allocation under subsection (8)(d)(i) exceeds the total budget for a fund, the trustees may

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- 14 - HB 166


allocate the excess to any budgeted fund of the school district.



4 subsections {2}{bl and (5}1b) between county and school taxing units in the relative proportions required



7 {f) The allocation to the county in subsection (8)(e) must be distributed by the county treasurer in



10 (g) The money distributed in subsection IB)(e) that is required for the county mill levies for school


12 these purposes.

13 lh) The oil and natural gas production taxes distributed under subsection (8) lb} that are required




17 (il The oil and natural gas production taxes distributed under subsection (8)(e} that are required for

'. 8 the 6-mill university levy imposed under 20-25-423, for the county equalization levies imposed under



21 {j} The amount of oil and natural gas production taxes remaining after the treasurer has remitted

22 the amounts determined in subsections (8)(h) and {8){i) is for the exclusive use and benefit of the county




26 la) On or before August 1 of each year, the department shall remit to the county treasurer oil and


28 {b) On or before November 1 of each year, the department shall remit to the county treasurer oil


30 year.

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- 15 - HB 166


(c) On or before February 1 of each year, the department shall remit to the county treasurer oil and

2 natural gas production tax payments received for the calendar quarter ending September 30 of the previous

3 year.

4 Id) On or before May 1 of each year, the department shall remit to the county treasurer oil and

5 natural gas production tax payments received for the calendar quarter ending December 31 of tha previous

6 calendar year.

7 ( 10) The department shall provide to each county by May 31 of each year the amount of gross




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13 "15-38-106. Payment of tax -- records -- collection of taxes -- refunds. ( 1) The tax imposed by




1 7 department.

18 (2) The department shall, in accordance with the provisions of 15-1-501{-e}, deposit the proceeds


20 {a) 14.1 % of the proceeds must be deposited in the ground water assessment account established

21 by 85-2-905;



24 (cl 30% of the proceeds must be deposited in the reclamation and development grants account




28 hours.



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- 16 - HB 166


If the tax found to be due is greater than the amount paid, the excess must be paid by the taxpayer to the

2 department within 30 days after written notice of the amount of deficiency is mailed by the department to



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SeotieA 10. 5eotien Hi 66 121, MCA, is amended to read:

"16 66 121. DistributioA Deposit of tall 11rnceeds general fund loan authority. ( 1) The pro seeds

of the tax impesed by 16 66 111 must, in aoserdanoe with the previsiens ef 16 1 sO1, 13e dapesited in an

aooeunt in the state speoial revenue general fund ta the oredit ef the department of ro•r0nue. The

department ef re 11onue may spans fram H1at aooaunt pay the e><aanses of oollaoting the ta>, in assordanoa

with an axpensiturn appropriation by the legislature based on an estimate of the oosts of oolleoting and

disbursing the preseess of the ta><. Qafere allesating the 13alanse ef the ta>< preoeeds in asserdanoe "''ith

the rir011isiens of 16 1 601 and as provided in subseotions (1)(a) through (1lle) of this sastien, tho

a apartment shall setermine the 01<penditures B'J' state a!Jensies for in state lodgin!l for sash reporting period

ans sedust 4 % of that amount frem the tax preoeess reoei\•ed eaoh reperting period. The amount deduoted

~ so deposites in the !JBneral funs. The 13alanoe of the tax preoeeds reoei\1ed eaoh reporting perios and

not deduoted pursuant to the 011ponditure appropriation or deposited in the general fund is statutorily

appropriated, as provided in 17 7 602, and must be transferres to an aooeunt in the state spaoial revenue

fund to tho oredit of the department of sommerse for tourism promotion and premotion of the state as a

looatien fer the produstion of metion pistures anel television sommersials, ta the Montana historioal sooiaty,

to the uni110rsit1{ system, and to the department of fish, wildlife, and 13arlEs, as follews:

(a) 1 % to the Montana historioal sosiety ta be usaEI fer the installatian 0r maintanansa 0t reasside

histor10al signs and historic sites;

1131 2.13% to the uni11ersity s•,stem for the astal31ishment and maintananaa ef a Montana travel

rasearoh l3F8!Jram;

(sl 6. e % to the department of fish, wildlife, and 13arks fer the maintenanoe of fasilitias in state

parlEs that have Both resident and nenresident use;

ldl e7.6 % to 130 uses direstl•f 13y the department of sommersa; and

le) W 01<0013t as 13ro 11 ieoel in sul3saation I1)(al(ii), 22.5% to 130 eistri13utael 13y the de13artmant to

H19+Gnal nonprofit tourism eorporations in tho ratio et the prosaoEls sollesteEI in sash teurism rogien to tho

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total f'lFeGoods sollostod statewide; ans

Iii) if 22.6% of the f'lFOGoeds sollostoEl annually within tho liFnits of a sit~• or sonsolisatod sity sounty

exseecJs $ 3s ,000, 130% of tho aFnount availaslo for cJistris,ltion to tho ro§ional nonwofit tourisFn oorf:)oration

in tho ro§ion whore tho sity or sonsolisatos sity oounty is looatocJ, to so sistrisutos to tho nonf:)rofit

oonvontion and visitors sureau in that sity or sonsoliElatoEl oity oounty.

(2) If a sity or oonsolidates oiW oounty qualifies unsor this sootion for funcJs sut fails to either

roso§nizo a nonf:)rofit son•,ontion ans ~•i~itors 8Uroau or sul3Fnit and gain af'lf'lroval for an annual Fnarketin§

f'llan as roquiroEl in 1 e 00 122, then those tunas Fnust 80 allosatos to tho ro§ional nonf')refit tourisffl

sorf')oration in tho ro§ion in ,,.,,hish tho sity or sonsolisatos sit'( county is losatos.

(31 If a ro§ional nonf')rofit tourisFn sorporation fails to sul3Fnit and §ain a13f3roval for an annual

Fnarkotin§ plan as raquirns in 1 e 00 122, then thoso funds otherwise a1,losatod to tho ro§ional nonprofit

tourisffl sor13oration mav 80 used by tho department of sommeree for tourism womotion ans f'lromotion of

tho state as a location for tho preElustion of motion 13istures anEl television sommoroials."



17 special revenue fund. All interest and penalties collected under this chapter, except those collected bv a

1 8 justice's court, must, in accordance with the provisions of 15-1-501 tel-, be placed in the highway

1 9 nonrestricted account."

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"16-1-306. Revenue to be paid to state treasurer. Except as provided in 16-1-404, 16-1-405,

10 1 4 08, 1 e 1 410, 16-1-406, and 16-1-411, all fees, charges, taxes, and revenue collected by or under




"16-1-404. License tax on liquor -- amount -- distribution of proceeds. ( 1) The department shall



:~ Legislative \Services !.\!!jvision

- 18 - HB 166


(a) 10% of the retail selling price on all liquor sold and delivered in the state by a company that

2 manufactured, distilled, rectified, bottled, or processed,. and that sold more than 200,000 proof gallons of


4 (bl 8.6% of the retail selling price on all liquor sold and delivered in the state by a company that

5 manufactured, distilled, rectified, bottled, or processed,. and that sold not more than 200,000 proof gallons






11 amount of the license tax received. Thirt~· peroent of this The revenue is statutorily appropriated, as



14 (al Thirty percent is allocated to the counties according to the amount of liquor purchased in each


16 .(Ql Four and one-half percent of this revenue is statutorily appropriated, as pro 1,ided in 17 7 602,

17 and 1:nust, in assordanso "'ith tt:lo pro><isions of 16 1 601, tie allocated to the counties according to the


19 J.£1 Tho roFT1aining rovonuo Sixty-five and one-half percent must, in assorElanso 1 , 1itt:l tho provisions

20 e.f. 16 1 601, be deposited in the state special revenue fund to the credit of the department of public health




24 establishment is located, for use as provided in 16-1-405. That proportion of the lioenso tax is statutoril~'

25 appropriated, as previdod in 17 7 l:i02, to the The department, whioh shall pay quarterly to each county


2 7 to be allocated to the incorporated cities and towns of the county.

28 (3) The license tax proceeds allocated to the county under subsection (2) for use by cities and



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proportion that the gross sale of liquor in each city or town is to the gross sale of liquor in all of the cities






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9 "16-1-406. ::j:aj{ Taxes on beer. ill A tax of~ $4.30 per barrel of 31 gallons is hereby levied

1 O afl4 imposed on each and every barrel of beer sold in Montana by~ 2 wholesaler~, whish said The tax

11 shall be L§. due at the end of each month from &i'lie the wl1olesaler upon an'~ st10h beer 69 sold by rum- the

12 wholesaler during that month. As to any The department shall compute the tax due on heer soid in

1 3 containers other than barrels or in barrels of more or less capacity than 31 gallons, tho q1,1antity sontsnt

14 shall oe sssertaineEI anEI 00FRpt1ted oy the department in determining the amo1,1nt of tax dt10.


16 subsection ( 1). an amount equal to:

17 (a) $1 must be deposited in the state treasury to the credit of the department of public health_-"mg


19 (bl 50 cents must be deposited in the state general fund; and

20 (c) $2.80 must be deposited with the state treasurer to the credit of the incorporated cities and


22 (3) (a) The money in the incorporated cities and towns beer tax account is statutorily appropriated,

23 as provided in 17-7-502, to the department, which shall, monthly, distribute this amount of money to the








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- 20 - HB 166


received by cities and towns under this section must be expended for state purposes, such as law

enforcement, maintenance of the transportation system, and public health. 2

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(bl The department may adjust population estimates only on the July 1 following the date of

publication of the estimates by the U.S. bureau of the census. The adjusted distribution formula must

remain in effect for the entire fiscal year."


8 "16-1-409. Failure to make beer tax returns -- penalties. ( 1) If aflV _g_ brewer or wholesaler subJect

9 to the payment of the tax provided for in 16-1-406 and 16 1 4GQ fails, neglects, or refuses to make any

1 0 return required by this code or fails to make payment of the tax within the time~ provided in this part,

11 the department shall, after w4 the time has expired, f3roseed to intorn:i itself as best it n:iay regarding tho

12 matters and things required to be set forth in sush return and, from sush information as it may be able to

13 obtain, to make a staton:iont showing sush matters and things and determine and fix the amount of tax due



16 1fil 5% for the first failure, willful neglest, er refusal;

17 llil 10% for the second failure;

1 8 J.d 1 5 % for the third failure; and

1 9 i.Ql 25 % for the fourth and each subsequent failure, neg lest, er ref1,sal.






25 of the department, it is the duty of the attorney general to commence and prosecute to final dotorn:iination



28 the department may issue a warrant for distraint as provided in Title 1 5, chapter 1, part 7. The resulting


30 issued.

- 21 - HB 166


(7) NG An action sl=lal+ may not be maintained to enjoin the collection of the tax or any part thoroof

2 of the tax.

3 (8) Any tax owed by a brewer or wholesaler under this code not paid within the time provided sl:iaU

4 ea ).§. delinquent, and a penalty of 5 % sl=lal+ must be added thero=!o to the tax. The tax and penalty bear

5 interest at the rate of 1 % per month from the date of delinquency until paid. AFl¥ 6 brewer or wholesaler

6 who fails, neglects, or refuses to make the return to the department provided for in 16-3-211 or 16-3-231





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12 "16-11-119. Disposition of taxes retirement of bonds. ( 1) Tho amo1,1nt of 11 .11 % of tho

13 sigarotto =lax sollostod 1,1ndor tho 13rovisions of 1 e 11 111 on oaoh 13askage of sigarettes must be d013ositod

14 in tho state s130sial r0Yon1,10 f1,1nd to tho srodit of tho do13artmont of 131,1blio health and h1,1man sorvioos tor

15 tho 0130ration and maintenance of state 11otorans' nursing homos. CIGARETTE TAXES COLLECTED UNDER

16 THE PROVISIONS OF 16-11-111 MUST BE ALLOCATED AS FOLLOWS:

17 (1) THE AMOUNT OF 11.11 % OF THE CIGARETTE TAX COLLECTED u~meR Tl-le ?ROVISIO~lS

18 OF 1e 11 111 ON EACH PACKAGE OF CIGARETTES MUST BE DEPOSITED IN THE STATE SPECIAL

19 REVENUE FUND TO THE CREDIT OF THE DEPARTMENT OF PUBLIC HEAL TH AND HUMAN SERVICES FOR

20 THE OPERATION AND MAINTENANCE OF STATE VETERANS' NURSING HOMES.

21 ~ill All remaining ReMAINl~IG reven1,10 sollaoted under tho 13rovisions of 1 e 11 111, loss tho

22 8l(J3Snso of oollasting the taxes, m1,1st, in assordanoa with tho 13ro,•isions of 1 s 1 e01, 130 d0130sitod as

23 follows;

24 (a)JJJ±&j_ 79.70% 82.17% THE AMOUNT OF 73.04% MUST, IN ACCORDANCE WITH THE

2 5 PROVISIONS OF 1 5-1-501, BE DEPOSITED in the long range b1,1ilding 13regram !;tate general fund in tho dol'Jt

26 sor>,isa f1,1nd ty130; amt

27 ll'J)(2)(Q)(3). 20.20% 17.839~ THE AMOUNT OF 15.85% MUST, IN ACCORDANCE WITH THE

28 PROVISIONS OF 15-1-501, BE DEPOSITED in the long-range building program account provided for in

29 17-7-205."

30

C legisl_auve )Se"'1ces "\ Division ·~

- 22 - HB 166






5 deposited by the department in the len§I range lauilsing t3regram selat servise state general fund. Refunds



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"17-1-508. Review of statutory appropriations. (1) Each interim, the legislative finance committee

shall review each statutory appropriation that is contained in a section listed in 17-7-502 and that is not

exempted under subsection (61 of this section and shall review the sriteria guidelines set forth in subsection

(4) to eliminate statutory appropriations that no longer fulfill a legislative need and to ensure that legislative

policy is clearly stated concerning the use of statutory appropriations.

(2) Each biennium, the office of budget and program planning ans the IB§!islati\·e fissal analyst shall,

in development ans analysis of the executive budget, identify instances in which statutory appropriations

in current law do not appear consistent with the 6fitefia guidelines set forth in subsection (4).

(3) As part of each agency audit, the legislative auditor shall review statutory appropriations to the

agency and report instances in which they do not appear consistent with the sriteria guidelines set forth

in subsection 14).

14) The review of statutory appropriations must determine whether a statutory appropriation meets

the requirements of 17 1 e0e 17-7-501. A statutory appropriation from a continuing and reliable source


24 appropriations, the legislature shall consider the following guidelines. A statutory appropriation may be

25 considered appropriate if:

26 la) the fund or use requires an appropriation;

27 lb) the money is not from a continuing, reliable, and estimable source;

28 lei the use of the appropriation or the expenditure occurrence is not predictable and reliable;

29 Id) the authority does not exist elsewhere;

30 (el an alternative appropriation method is not available, practical, or effective;

(-L,gisl~tive )Services \!!J•ision

- 23 - HB 166


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(f) other than for emergency purposes, it does not appropriate money from the state general fund;





legislation that proposes to create or amend a statutory appropriation. It shall, consistent with the fe¥iew

l')r □ 'Ji&ions guidelines in this section, review each~ of these pieces of legislation that prsl')o&es ts areato

or aFAend a statutery apprewiation. Its findings concerning the statutory appropriation must be contained




12

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appropriation is not necessary, the statutory appropriation may be exempt from future review."



16 ~ long-range building program bonds 6flall must be issued by the board upon request of the department,

17 in~ denominations and form, whether payable to bearer or registered as to principal or both principal

18 and interest, with~ provisions for conversion or exchange and for the issuance of notes in anticipation

19 of the execution and delivery of definitive bonds, bearing interest at~ the rate or rates, maturing at~

20 times not exceeding 30 years from date of issue, subject to redemption at SHGR earlier times and prices and

21 upon S\ffiH notice, and payable at the office of ~ the fiscal agency of the state as the board shall

22 determine, subject to the limitations contained in this sostien and 17-5-402 and this section.

23 (2) In the issuance of each series of SHGR bonds, the amount, maturities, and interest rates theroof

24 sJciaU must be fixed in SHGR ~ manner that the maximum amount of principal and interest to become due in

25 any subsequent fiscal year on all &\,jffi outstanding bonds tRen eutstanding and on the series SB to be

26 issued will not exceed 50% of the average annual amount collected during the 3 than ne1H preceding fiscal

27 years from the ~ taxes pledged by law to the debt service account at the time of ~ issuance,0

28 sxospt tRat tRi6 This provision 6flall may not constitute a covenant of the state for the security of the bonds


30 subsection in any manner after all bonds issued prior to that date and the interest IRBFBBR Ra,·o on the

1Legislative \Services \!!jvision

- 24 - HB 166


bonds have been fully paid or the state's liability thereon has been otherwise fully discharged.

2 (3) In all other respectsL the board is authorized to prescribe the form and terms of the bonds and

3 shall do whatever rs lawful and necessary for their issuance and payment. StlGH The bonds and any interest

4 coupons appurtenant thereto shall to the bonds must be signed by the members of the board, and the

5 bonds &hall must be issued under the great seal of the state of Montana. The bonds and coupons may be


7 The state treasurer shall keep a record of all 6Y€f\ long-range building bonds issued and sold.

8 (4) The board is horob~1 authorized to may employ a fiscal agent to assist in the performance of

9 its duties ~ under this part.

10 (5) All proceeds of bonds issued hereunder shall under this part must be deposited in the capital

11 projects fund, except that any premiums and accrued interest received &hall must be deposited in the debt


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"17-5-404. Use of capital projects fund. The capital projects fund &hall must be segregated by the

treasurer from all other money in that or any other fund in the state treasury and used only to pay costs

of the long-range building program. The department may transfer all mono•( authorizoel b',' tho legislature

tor its aelrninistrati110 oxpeneliturss from the capital projects fund to a special revenue fund, anel for sush

purposes tho money is statutorily appropriatsel as provided in 1 7 7 502 the amount appropriated by the

legislature from the special revenue fund for administrative expenses."


"17-5-405. Debt service account. (1) From and after the pledge and appropriation of anv spooial

tax to the elebt ssrvios assount, as pro•iidsel anel sontsrnplatsd in this ssstion, 17 !i 407, anel 17 a 4,Q.g..,

sush tax shall sontinus in fores anel shall bs aYailabls anEl shall bs ploElgoEl and appropriatsEl for tho

pavrnsnt of long range builEling program bonEls, and all rnonsvs rsssiYod fron:1 tho sollostion thoroof shall

be eleposited by tho treasurer to tho sredit sf tho debt sorYioe assount.

(2) No sposial taxos ploElgod to tho debt sorviss assount on JamrnP( 1, 1973, shall bo elissontinuod

or diYertoel to other funels until all bonels issuoel pursuant to this part prior to that date anel tho interest

thereon haYe been fully paiEl or the state's liabilit>t thereon has boon full•( disshargoEl, oxsept to tho oxtont,

:-Legislative \Ser-vices \_J"!jvision

- 25 - HB 166


if anv, that tho right so to elo has boon resorvoel in tho resoli,itions a1,thori2ing tho iss1,anoo of s1,oh sofl.EHr.-

2 (::ll a1,sjast to tho pro 11isions of s1,13sostions (1) anel (21, the state raseP·os the right to modifv from

3 time to timo tho nawro anel all'lount of spesial taxos to 130 elopositoel to tho sroelit of tho ela13t sar\<ice

4 aosount.

5 +4+ill Money in the debt service account Sflall must be used:

6 .lfil first, to pay interest and principal when due on long-range building program bonds;

7 .(Ql second, to accumulate a reserve in the amount required eelGw in subsection ( 1I lc), for the

8 further security of 6l,J-6fi the payments; and

9 J.£l. third, to maintain t-Ri& the reserve in an amount at least equal, after each interest and principal

1 O payment, to the maximum amount of interest and principal ~ that will become due on all ~ bonds

11 ~ that are~ outstanding in any subsequent fiscal year.

12 te+Jll Money at any time received in the debt service account in excess of the principal, interest,

13 and reserve requirements stated in subsection +4+ ill Sflall must be transferred by the treasurer to the

14 general fund. If the balance at any time on hand in the. debt service account is not sufficient for comp Ii ance

15 with subsection +4+ ill, the treasurer shall credit to ~ the debt service account an amount sufficient to

16 restore~ the balance from the next sollostions of tho sposial taxes appro13riatoel to saiel acoo1,nt anel frem

17 any other sollestiens of taxes appropriateel te the general fund, net oxsooelin0 the a0gre0ato amount

18 therotofero transforroel from the eleet sorviso aosount to tho gonoral fund."

19


21 "17-5-408. Poroontage of inoemo, oerperation lioensa, an El eigarette tBll pledged Pledge of money

22 to comply with principal. interest. and reserve requirements. 11) W The state pledges and appr_opriates and

23 directs to be credited as received to the debt service account money rooeivod from tho solleotion of tho

24 insividual insomo tax and, oxsopt as 13ro·1ielos in 16 ::l 1 702, money roooivoa from tho oollootion of tho

25 Gflfporation lisonso and ineomo tax, as providoel in 16 1 e01, as ma'{ at any tima be needed to comply with

26 the principal and interest and reserve requirements stated in 17-5-405+4+ill,

27 +bl-Jll The pledge anel ap13ro13riation made by this section afD ]§. a first and prior charge upon all

28 money received from the collection of tho onuFR□ra,oa taxes.

29 (2) Exs013t for the amount oroditod to the 11oterans' homo FRaintenanea anel im13rovomont aesount

30 unaor 16 11 11 Q, ti:le stat□ p'.ed§OS and a13i:irnl'lriates ane eirsets to bo sreditee to tho del3t sorviso assount

Clegislativ~ '7Services

~'-£JJvlsio11 - 26 - HB 166


79.76% of all roA1ainin\') Alonoy roooi,,.oEI froA1 tho oollection of the excise tax on cigarottos that is lovioEI,

2 iAlposod, and assessed by 16 11 111. Tho state also pledges and approi.Jriatos and Eliroots to bo oroditod

3 as roooi,;od to tho dobt sorvioo aooount all Alone~' rosoi,,oEl froA1 tho solloction of tho taxos on other to basso

4 proEluots that aro or A1a 1,' bo iA1posoEl fer that purposo, incluEling tho tax iA1possd by 16 11 202. This

5 soction does not impair or otherwise afloat tho provisions anEI co,;onants oontainod in tho resolutions

6 authorizing tho prosontly outstanding long ranqA ti1c1ilding prograA1 bonEls. S1c1tijost to tho provisions sf tho

7 proooding sentonoo, tho plod§lo and appropriation AlaElo sy this section are a first and prior ohargo upon all

8 money rocoivod from ,ho collection of all taxos roferrod to in this s1c10soction."


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1 1 "17-5-804. Use of capital projects account. The capital projects account must be segregated by

1 2 the treasurer from all other money in that or any other account in the state treasury and used only to pay

1 3 costs of the projects for which bonds were issued, in accordance with the respective bond accounts. The


15 the capital projects account to a special revenue fund, and fer s1c1oh p1c1rposos tho money is stat1c1torily

16 apprspriatod as pro,;ided in 17 7 602."

17











28 so; and



(Legislative '\,Services !\!!jvision

- 27 - HB 166


(2) (a) Retirement funds may be invested in common stocks of any corporation, except that an



4 corporation to exceed 2 % of the book value of the retirement fund.



7 (3) (a) This section does not prevent investment in any business activity in Montana, including



1 0 in venture capital companies. Whenever possible, preference should be given to investments in those


12 (c) In discharging its duties, the board shall consider the preservation of purchasing power of


14 (di The board may not make a direct loan to an individual borrower. The purchase of a loan or a


16 (4) The board has the primary authority to invest state funds. Another agency may not invest state










26 (el keep an account of the total of each investment fund and of all the investments belonging to


28 (61 The board may:


30 investments purchased under the provisions of 17-6-21 1 when full payment has been received for the

C Legislative '! S~rvices -~ivision

- 28 - HB 166


property;


3 and 17-6-105;

4 (cl direct the sale of any securities in the program at their full and true value when found necessary


6 (d} expend funds needed to cover costs of necessary repairs to property owned by the board as

7 an investment. Ths 0xp0nditur0s mav es mads diroetly ey the esard and are statutsrih· appropriated, as

8 provided in 17 7 602. Repairs that cost in excess of $2,500 must be bid, and the bid must be awarded in



11 ( 7) The cost of administering and accounting for each investment fund must be deducted from the


13 (81 At the beginning of each fiscal year, the board shall, from the appropriate fund, reimburse the


1 5 are not covered by payback funds available from the account established in 90-3-305."

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1 7 Section 26. Section 17-7-502, MCA, is amended to read:

18 "17-7-502. Statutory appropriations -- definition -- requisites for validity. ( 1} A statutory


20 without the need for a biennial legislative appropriation or budget amendment .

. 21 (21 Except as provided in subsection (4), to be effective, a statutory appropriation must comply


23 (a} The law containing the statutory authority must be listed in subsection (3).

24 (b} The law or portion of the law making a statutory appropriation must specifically state that a



27 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-31O;10-3-312; 10-3-314; 10 4 301; 10-4-301; 15-1-111;

28 15-23-706; 15-30-195; 15-31-702; 15-37-117; 15-38-202; 16 ee 121: 15-65-121; 15-70-101: 16-1-404;

29 16-1-406; 16 1 410; 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17 6 404; 17 6 424; 17 6 804;

30 11-6-101: 11 e 201; 17-7-304; 18-11-112: 19-2-502: 19-6-709; 19-9-1007: 19-17-301: 19-18-512:

,: Legisl.ative \Services \_!!jvision

- 29 - HB 166


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19-18-513; 19-18-606; 1 Q 1 Q 2Gs; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20 Q de 1; 20-26-1503;

23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; d2 1 sdl;

37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102;

50-4-623; liQ s 2d2; 50 4Q 2Q€i; 5J €i 150; 53-6-703; 53-24-206; €i0 2 220; 67-3-205; 75-1-1101;

75 5 1108; 75 €i 214; 75-5-1108; 75-6-214; 75-11-313; 7€i 12 12d; 80-2-103; 80-2-222; 30-4-416;

81-5-111: 82 11 1de; 82-11-161: Ba 1 220: 85-20-402; QG a ao1; 90-4-215; 90-6-331; W-+42-0r

QQ 7 221; and 90-9-306.

(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing,



Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as


bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec.



July 1, 2001.)"


"17-7-502. Statutory appropriations ·· definition -- requisites for validity. ( 1) A statutory








27 13) The following laws are the only laws containing statutory appropriations: 2-9-202; 2-17-105;

28 2-18-812; 3-5-901; 5-1 3-403; 10-3-203; 10-3-31 O; 10-3-312; 10-3-314; 10-4-301; 1 e 1 111; 15-23-706;

29 15-30-195; 15-31-702; 15-37-11 7; 15-38-202; 1 e ea 121; 1 5-65-1 21; 15-70-101; 16-1-404; 16-1-41 O;

30 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-5-404; 17-5-424; 17-5-804; 17-6-101; 17-6-201;

: Legislative \Services \!!}vision

- 30 - HB 166


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17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606;

19-19-205; 19-19-305; 19-19-506; 20-8-107; 20 8 111; 20-9-361; 20-26-1503; 23-5-136; 23-5-306;

23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501;

39-71-503; 39-71907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623; 50-5-232;

50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214;

75-5-1108; 75-6-214; 75-11-313; 76 12123; 77-1-505; 80-2-103; 80-2-222; 80-4-416; 81-5-111;

82-11-136; 82-11-161; 85-1-220; 85-20-402; 90-3 301; 90-4-215; 90-6-331; 90-7 220; 90-7-221; and

90-9-306.

14) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing,



Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as


bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec.



July 1, 2001.)"





23 valuation &Rall must consider the actuarial soundness of the police retirement fund for the 2 preceding fiscal

24 years.

25 12) The valuation i&-4& must be prepared by a qualified actuary selected by the department. A




29 the state auaitor treasurer a request for payment of the expense incurred in securing the actuarial valuation.

30 The expense may not exceed $6,000 in any fiscal year. The state auaitor treasurer shall make payment to

i Legislatia,e \Services

'-'\, Division ·--- 31 - HB 166


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the actuary designated in the request. Tl:10 13aymont is statutorilv a1313ro13riatod as 13rovidod in 17 7 602."


"20-3-108. Division of resources and assessment assa11nt funds. n,oro is a resotJroos and

5 assossA'lont assotJnt in tl:10 state s13osial r0 11 ontJ0 ftJnd. Funds derived from the sale of educational materials

6 or services provided by the division of resources and assessment &Rall must be deposited in the rosowsos

7 and assossmont assotJnt state general fund. In addition to otl:1er a•;ailal31e funds, the suporintondent ot

8 ptJl31is instrnstion sl:1all tJSO tl:1oso ftJnds for tl:10 operation and maintonanso of tho division of rosotJroes and

9 assessment as authorized sv 20 3 1 0e."

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education has a stattJtory a1313ropriation, as 13roviaod in 17 7 ii02, and shall, either directly or through a

contract with a nonprofit corporation, receive, hold, manage, use, and dispose of real and personal property

A'lade o,1or transferred to 6tlGH the board or to the state of Montana by purchase, gift, devise, or bequest.

or otherwise acquired and the proceeds, interest, and income tl:1oroof of the property for the use and benefit

of saiii the school for the deaf and blind. All donations, gifts, devises, or grants made sefore, on, or after

Ootoser 1, 1 Q83, te tl:10 sohool shall vest in the board or its designee, as trustee for the state of Montana,

for the use and benefit of the school and its students."


"20-9-360. State equaliz11tion aid levy.µ+ There is a levy of 40 mills imposed by the county

commissioners of each county on all taxable property within the state, except property for which a tax or

fee is required under 23-2-517. 23-2-803, 61-3-504(2), 61-3-521, 61-3-527, 61-3-537, and 67-3-204.

Exsept as 13rovidod in StJBGOStion (2), 13rosoods Proceeds of the levy must be remitted to the state treasurer

and must be deposited to the credit of the state general fund for state equalization aid to the public schools

of Montana.

(21 ,;or tho benefit of sash munisii:iality that sroatod an ursan renewal aroa and aso13tod a tax

insrnmont finansing pro11ision fer tl:10 ursan renewal area prior to Jul~· 1, 1 QQG, tho state treasurer sl:1all

distristJtB easl:1 fissal year froA'I tl:1e state e{lualization aid le"',« to tl:10 munioipalit;' the amount, if any, 0t=1ual

i Legislative \,Services \!!jvision

- 32 - HB 166


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to the prodlJct of the incremental taxable •;ahoJo of tho lJFban renewal area times the redlJoed coheol levy

for the area, oach calclJlates for the fiscal year. The rod1c1oes school levy for a fiscal )'Oar is the sifforonse

between tho aggregate amolJnt sf all property tax lovios for school plclrposoc in the lJrban ronowal area,

oxprossod in mills, in ,ho fiscal year ondod Juno 30, HHl9, and tho aggregate amolJnt of all property tax

lo•;ioc for sohool 13lJrposos in tho area or tho district, ex13ress0d in mills, in tho fiscal year, incllJsing tho state

O(jualization ais leY','. The state treas1c1rer sh;,11 distrib1ato tho amo1ants to mlJnioi13alitios in two BEllJal

installments on Qosombor 31 and dlJno 30 of tho fisoal yoar."


"20-9-361. State and 001c1nt>( County equalization revenue statutory a1111ro11riati0n. µ+ Revenue

11 received in support of count"-,, equalization under the provisions of 20-9-331 and 20-9-333 is to be used



14 (2) Revenue rooeives from the state eq1c1alization ais lev•; for a mlJnicipality that oroatos an lJrban

15 renewal area ans adopted a tax increment finanoin§ provision for tho lJrl=Jan renewal area prior to dlJly 1,

16 1990, is statutorily appropriates, as proYielos in 1 7 7 e02, to be sistrillutos as provieloel in 20 9 360(2)."

17


1 9 "32-1-537. Disposition of unclaimed funds. ( 1) The department shall certify to the state treasurer





24 tor 6 months. A copy of the certificate must also be filed with the state auditor, who shall make a record

25 of it.




29 depositor or creditor shall make an affidavit and offer proof of identity and of the amount due. w·hen


(legisl_ative )Serv,ces '\!!jvision

- 33 - HB 166


it to the state treasurer who shall audit the claim and, if found correct, certify the claim to the department.

2 If the department approves the claim, it shall pay the claim to the depositor or creditor. The mona•;

3 el0J;10sit0el in tl:la [laneral hrnel J;IUrsuant ta this saation is stat1a1toril 1,' BJ;IJ;IFOJ;lriateel, as pro"ieloel in 17 7 602,

4 to tho elopartmont :for tho purpose of pa~·in[l appro•;oe cl.aiR'ls."


5

6

7 "37-43-204. Earmarked money for board expenses -- expenditure of funds from bonds. 11) All











18


20 "39-71-503. Administration of fund -- appropriation. ( 11 The department shall administer the fund



23 it considers appropriate as funds become avaiJable from time to time. The payment of weekly disability




27 administration of the _fund must be paid out of the money in the fund.

28 131 The amounts necessary for the payment of benefits from this fund are statutorily appropriated,


30

. legislative \Services \f!ivision

- 34 - HB 166


Section 36. Section 39- 71-531, MCA, is amended to read:

2 "39-71-531. Definition of underinsured employer. For purposes of 39-71-531 through :.lQ 71 s:.l4

3 39- 71-5 33, the term "underinsured employer" means an employer who knowingly misrepresents the duties




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"39-71-533. Collection of payments from underinsured employer. If, upon demand of the

department, an underinsured employer refuses to make the payments due under 39-71-532, the amount

due may be collected by the department through suit. The department may settle through compromise with

the underinsured employer the amount to be collected. Amounts collected under 39-71-532 and this

section must be deposited in the account created in 39-71-502."


"39-71-2354. Use of old fund liability tax proceeds -- loans -- bonds. ( 1) +axes Subject to

39-71-2503(2). taxes collected under 39-71-2503 may be used only to administer and pay claims for







necessary. If the budget director agrees with the state fund's board of directors that additional funding Is

necessary, the budget director shall certify to the board of investments the amount that the budget dir.ector






Clegis/ative \,Services \!!jvision

- 35 - HB 166








7 39-71-2355.


9 issued under 39-71-2355, except bonds issued to repay loans as provided for in subsection ( 1), may not

1 O exceed $ 220 million. All loan and bond proceeds given to the state fund must be repaid to the board of



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14 "39-71-2503. Workers' compensation old fund liability tax. (1) (a) There is imposed on each

15 employer, except an employer whose employees are covered by federal workers' compensation legislation,




19 15-30-204(1 );

20 (iii for the preceding month for employers subject to the payment schedule contained in

21 15-30-204121; and


23 15-30-204(3)(a).

24 lb) There 1s imposed on each employee, except an employee who is covered by federal workers'



27 wages.

28 (cl (i) There is imposed on each business of a sole proprietor, on each subchapter S. corporation



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- 36 - HS 166


separate business of a sole proprietor and on the distributive share of ordinary income of each shareholder,


3 (iii The tax imposed in this subsection illlc) applies only to the ordinary income of a shareholder.



6 subsection ill(c).

7 Id) A corporate officer of a subchapter S. corporation who receives wages as an employee of the



1 O officer's wages.

11 lei A corporate officer of a closely held corporation who owns stock in a closely held corporation

12 that meets the stock ownership test under section 542Ia)(2) of the Internal Revenue Code and receives


14 received. ·The corporation is not liable for the tax on the corporate officer's wages.

15 If) +J:.i6 The old fund liability tax deposited in the account established in 39-71-2504 must be used














29 this section.

30 0) The employer is liable to the state for any amount of old fund liability taxes, plus interest and

/Legislative \Services

L..., Division ·~ - 37 - HB 166


penalty, when the employer fails to withhold from an employee's wages or fails to remit to the state the


3 lj) A sole proprietor, subchapter S. corporation shareholder, partner of a partnership, or member




7 12) AllAfterdepositing 1.20% THE AMOUNT APPROPRIATED TO THE DEPARTMENT OF REVENUE

8 FOR THE COLLECTION OF THE OLD FUND LIABILITY TAX in the state general fund, ali remaining



11 (3) (al Tax payments and returns required by subsections (1)(a) and (1)(b) must be made pursuant

12 to 15-30-204. +l:\e After depositing the portion ot the tax in the state general fund, the department shall



1 5 (b) Tax payments due from sole proprietors, subchapter S. corporation shareholders, partners of


17 time as the returns filed pursuant to 15-30-144 and 15-30-241. +l:\e After depositing the portion of the tax

18 in the state general fund. the department shall first credit a payment to the liability under 15-30-103 or


20 (41 An employer's officer or employee with the duty to collect, account for, and pay to the


2 2 unpaid amount and any penalty and interest relating to that amount.


24 during an audit are subject to the provisions of 15-30"303, but the department may disclose the information







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· 38 - HB 166


weekly. The department of labor and industry and the state fund shall provide the department with access



4 i7) The provisions of Title 15, chapter 30, that are not in conflict with the provisions of this part

5 regarding administration. remedies, enforcement, collections, hearings, interest, deficiency assessments,




9 department.,.


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12 "39-71-2504. Workers' compensation bond repayment account. (1) There is a workers'



15 FOR THE COLLECTION OF THE OLD FUND LIABILITY TAX in the state generai fund, all remaining

16 collections of the tax imposed under 39-71-2503 and the interest and penalties on the tax must, in

17 accordance with the provisions of 15-1-501, be deposited in the workers' compensation bond repayment

18 account. All money deposited in the workers' compensation bond repayment account must be retained in

19 the account to the extent necessary to pay the principal of and the redemption premium and interest due

20 on workers' compensation bonds issued under 39-71-2354 and 39-71-2355 and to establish and maintain

21 a reserve for the bonds equal to the maximum annual principal of and interest on the bonds in any future

22 year. The balance in the workers' compensation bond repayment account is statutorily appropriated, as

23 provided in 17-7-502, to the state fund to be used to reduce the unfunded liability in the state fund incurred

24 for claims for injuries resulting from accidents that occurred before July 1, 1990."


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27 "49-2-510. Procedures and remedies for enforcement of housing discrimination laws. (1) A




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- 39 - HB 166


discovered.









1 O other discriminatory housing practice in violation of 49-2-305 during the 5-year period ending on the date




14 date of ttie filing of the complaint.

15 (b) If the acts constituting the discriminatory housing practice that is the object of the complaint


17 constituting a discriminatory housing practice, the civil penalties provided in subsections (2)(a)(ii) and

18 (2)(a)liii) may be imposed without regard to the period of time within which any prior discriminatory housing


20 13) In the case of an order with respect to a discriminatory housing practice in violation of




24 {a) send copies of the findings of fact, the conclusions of law, and the order to the licensing or


26 {b) recommend to the licensing or regulatory agency appropriate disciplinary action, including,

27 Wf\6fe when appropriate, the suspension or revocation of the license of the respondent.

28 (4) {a) When a complaint is filed under 49-2-305, a complainant, respondent, or aggrieved person



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- 40 - HB 166







6 a finding that the allegations of the complaint are not supported by substantial evidence, the complainant

7 may commence a civil action in an appropriate district court in accordance with subsection (51. An



10 lb) The commission may not continue administrative proceedings on a complaint after an election


1 2 I 5) (al An aggrieved person may commence a civil action in an appropriate district court within 2






i 8 breach of a conciliation agreement.

19 lb) An aggrieved person may commence a civil action under this subsection for a violation of


21 a complaint filed with the commissionL except as proyided in subsection (5)(d). If the commission has





26 of a trial of a civil action commenced by the aggrieved party under this subsection 151 seeking relief with





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- 41 - HB 166


1 {e) Upon application by a person alleging a violation of 49-2-305 in a civil action under this



4 {ii) authorize the commencement or continuation of a civil action without the payment of fees,


6 civil action.

7 {f) Upon timely application, the commission may intervene in a civil action brought under this

8 subsection (51 if the commission certifies that the case is of general public importance. ipon intervention,

9 the commission may obtain the same relief that would be available to the commission under subsection 17).

1 O (6) If the court finds that a person, institution, entity, or agency against whom a complaint was


12 in addition to the other remedies and inJunctive and other equitable relief provided under 49-2-506, award


14 (7) (al Whenever the commission has reasonable cause to believe that a person or group of persons






20 agreement.

21 (bl The commission may file a civil action under this subsection (71 witt1in 18 months after the


23 (cl In a civil action under this subsection (7), the court rnay, in addition to the remedies provided



26 Iii) in an amount not exceeding $100,000 for any subsequent violation.

27 {di Upon timely application, a person may intervene in a civil action under this subsection (7) that


29 (8) Civil penalties under this section must be paid to the state treasurer to be deposited in a+:1

30 asseI,mt in the stato s,=iesial r0•,1onuo general fund ta bo ucioa by tho semrnission far heusing aissrirn1natien

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- 42 - HB 166


0nf0rsoR=10nt."


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4 "50-5-112. Civil penalties. (1 I A person who commits an act prohibited by 50-5-111 is subject







11 121 In determining the amount of penalty to be assessed for an alleged violation under this section,

'12 the court shall consider:


14 patient;

15 ill the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;

16 af\€1

17 (.£1 the degree of deviation committed by the facility from a requirement imposed by part 1 or 2


19 AAJ..QJ. other matters as justice may require.

20 (3) A penalty collected under this section must be deposited in the f)ationt f)rntestion account

2 i f!F0Vieloel fer in iiO ii 2d2 state general fund.

22 (41 In addition to or exclusive of the remedy provided in subsection (11, the department may pursue

23 remedies available for a violation, as provided for in 50-5-108, or any other remedies available to it."

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26 "50-5-113. Criminal penalties. (1) A person is guilty of a criminal offense under this section if the



29 of the person:


- 43 - HB 166


lb) omits material information or makes a false statement or representation in an application,



4 or


6 required to be maintained or filed in compliance with a provision of part 1 or 2 of this chapter or In


8 (21 A person convicted under subsection (1) is subject to a fine of not more than $1,000 for the


1 O violation of a provision of part 1 or 2 of this chapter or of a rule, license provision, or order adopted or


12 (31 In determining the amount of penalty to be assessed for an alleged violation under this section,



1 5 patient;

16 lli the degree of harm to the health, safety, rights, security, or welfare of a resident or patient;

17 aoo

18 j_g_J_ the degree of deviation committed by the facility from a requirement imposed by part 1 or 2


20 AAJ.g_j_ other matters as justice may require.

21 (41 Prosecution under this section does not bar enforcement under any other section of this chapter


23 (51 Venue for prosecution pursuant to this section is in the county in which the facility is located

24 or in the first Judicial district.

25 (61 A penalty collected under this section must be deposited in the patient pretestion aooount

26 pre,.iElsEl for in l'iQ e 232 state general fund."

27



30 in the state special revenue fund. The n=10n0y in the ass01mt i& &tatuMrily appraJHiatsEl ta ths Elepartmsnt

- 44 · HB 166


as pro,1idsd in 17 7 ii02.

2 (2) There is deposited in the patient protection account;.

3 (a) penalties oolleotoe pursuant to part 1 or 2 of this chapter;

4 te+ money received by the department in the form of gifts, grants, reimbursements, or

5 appropriations from any source that are intended to be used for the purposes of the account-;---,aoo

6 (s) interest oarnoe on FRonev in tho aooount.


8 (a) to pay for the costs of a receivership; and

9 (bl to pay for the cost of department-initiated relocation of residents.


11 fund."

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14 "50-40-206. Special revenue account -- donations for smoking areas stah1tory apprnpriation.

15 ( 1) There is an account in the state special revenue fund for the establishment of designated smoking areas




19 special revenue account established in subsection ( 1 I.

20 (3) The money in the special revenue account ostablishoe in subsostion 11) is statutorily

21 al'lpropriatse, as. proviese in 17 7 ii02, to must be used by the department of administration to pay for the


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"53-6-150. Statutor1 appropriation of donated Donated funds. t+} The department of public health

and human services may receive private funds and nonfederal and nonstate public funds for its medical

assistance programs. Donated funds must be matched with federal funds whenever possible.

(2) Funds eonatoe to tho ElopartFRont for its FRoElioal assistanoo pro§raFRs are statutoril~•

apprepriatod to tho dBJ'lartFRont as providod in 17 7 002."

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liiestioR 48. aestion 53 1Q 310, MCA, is amended to read:

"63 1 Q J 10. F1,md Asso11Rt tar telessmm11Risati0Rs seniees fer the haRdisapped. I 1) There is an

aosount for toleoommunisations sor>vioes fer the handisa13fled in the state si;iosial ro\1enuo fund in the-state

treas1,1ry. The ass01,1nt sansists af:

(a) all menetaPf oentributiens, gifts, and 9r.mts reseived by the semmitteo as i;irovidod +fl

53 19 309; and

lb) all sharses billed anel sellesteel i;imsuant te eJ 1 Q 311.

12) Tho ffiono•f in tho assount is allosatod to tho semffiittee fer r1ur13esos of iffi13leffionting this 13art.

('.J) All exi;iendit1c1r0s of the soi:nmittoe in a61ministerin!l this 13art m1,1st be 13aid frnffi rnono•t BBflOSitod

in the assount."

liiestion 49. Sostion 63 1 Q ,!11, MC/\, is ameneloel to read:

"63 1 Q 311. liipesial assessmeRt. ( 1) A shar9e ef 10 sents a ffionth may be assessed on oash

telef)hone assess line i;irovidefl anfl ailles ay oash losal e>cshan9e somi;iany and is irni;iosod for tho i;iur13os0s

of this i;iart.

12) eaoh sustomer of a losal exst:ianse sorni;iany is liaale fer 13a•,·ment to tRB leoal exohan§B

som13any of any st:iarse 13rer1erl\1 imposed r1ursmmt to tt:iis r1art. Tt:io leoal O>~shange somi;iany is not liable

for any unoolleotsel sharge, n~r elees tt:ie sompany Ra"e an eblisation to take le9al astion to onferse tt:io

oollaotion of an•,1 sharse that is 1c1nr1aid by its oustoffiers.

(3) Eaoh losal exshange somr1an•,1 shall sill oash s1,1stoffier fgr the shar9e r1revidoel for in subsostion

11 I. lexsoflt as wovides in s1,1bsestron !4), all ohargos 8illeel anel sollested by a losal exsl=lange oom13any must

88 Hansffiitteel to the state troasmor no later tl=lan tl=le last day of tl=le mo11th fellev,·ing tl=le ond of each

calendar EJUarter in whish the st:iarge is billes. All sl=larges rosei 1,oel ay tt:ia state treasurer must 89 eloflositoa

in the state general fund established in 53 1Q 31Q to the sredit of the sornrnittee.

14) laact:i lesal sxshange sem13an•1 may dod'ust ans retain 3/4 of 1 % af tRe tatal ot:iarsos billeel and

s0llastod sash A'lenth to sever its administrative exflenses in oom13lyin9 witR the FBEJUireA'lents of subsostian


"53-24-108. UtilizatioR Use .of funds generated by taxation on alcoholic beverages. ( 1 l Revenue

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- 46 - HB 166


generated by 16-1-404, 16-1-406, 1 e 1 408, and 16-1-411 to state-approved private, nonprofit or public



4 (a) as payment of fees for alcoholism services provided by state-approved private, nonprofit or


6 (b) as grants to state-approved private, nonprofit or public alcoholism programs.

7 (2) State-approved private chemical programs organized for profit are not eligible tor revenue

8 generated by 16-1-404, 16-1-406, 16 1 408, and 16-1-411.

9 (3) NG 6 person operating a state-approved alcoholism program may not be required to provide

10 matching funds as a condition of receiving a grant under subsection (1) sf this ssstisA.




14 (5) NG 6 person receiving funding under this section to support operation of a state-approved



17 (6) A grant made under this section is subject to the following conditions:





22 in the grant application, the amount of the excess &ABU must be reported to the grantor.

23 (c) The excess &lc!aU must be used by the grantee under the terms of the grant in accordance with



26 made; or

27 (iii to allow program growth through the expansion of services or for capital expenditures necessary


29 (7) Revenue generated by 16-1-404, 16-1-406, 16 1 408, and 16-1-411 for the treatment,

30 rehabilitation, and prevention of alcoholism ~ that has not been encumbered for those purposes by the

I, Legislative ",..,Services

~- Division ,_ - 47 - HB 166


counties of Montana or the department 6flall must be returned to the state special revenue fund for the


3 w+U must be distributed by the department the following year as provided in 53-24-206(3)(b)."

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"60-2-220. Butte-Anaconda cultural heritage area -- signs -- location and design -- funding. (1)



9 subsection (41, erect and maintain at specified locations on the primary and interstate highways in Silver

1 O Bow County and Deer Lodge County signs identifying those counties as a cultural heritage area.

11 (31 The consolidated governments of Butte-Silver Bow and Anaconda-Deer Lodge shall design the


13 of each sign.


15 governments, or private persons for the purposes of subsections (2) and (3) and may expend.,-as--a statutory

16 apprepriation under 17 7 e02, the money received for those purposes.

17 (51 As used in this section, "department" means the department of transportation provided for in

18 2-15-2501."

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"60-11-120. Railroad and intermodal transportation facility loans and grants -- authorization -

eligibility. (1) Money dOJi!0Sitod in tho spooial railroad faoilitios and intormodal transportation faoilitIBS

asoount oroatsd in 60 11 122 appropriated by the leqislature may be used by the department of


loans and grants for the preservation and continued operation ot railroad branch lines identified in


all repayments of loan\!, including interest, made under this section must be deposited in the sposial railroae

fasilities and intermodal transportation fasilitios aoso1mt §tate general fund.

(2) An owner or operator of a railroad identified in 60-11-111121 is eligible for a loan or grant under

this section pro,.idoe that !! the owner or operator:

( Legislative ",Services '\!!jvision

- 48 - HB 166


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(a) undertakes to repair, improve, or replace rail facilities to allow the continued operation of the

railroad for local rail transportation service; and

(b) derives revenue from the continued operation of the railroad.

(3) A pon authority created under Title 7, chapter 14, part 11, is eligible for a loan or grant under

this section for the development or improvement of an intermodal transportation facility under this section

pro11idod that if:

(al the port authority is included in the state transportation planning process as described in 23

U.S.C. 135; and

(b) the int~rmodal transportation facility for which a loan or grant is sought is integrally related to

the railroad transportation system of the state."


"60-11-123. Disposition of revenue from state-owned railroads -- use of money. (1) Unless


15 Montana by an operator of a railroad owned by the state of Montana must be deposited in the special

16 railroad facilities anei interfl'loEial transportation facilities account oroateEI in 6G 11 122 state general fund.

1 7 ( 2) The department of transportation is authorized to administer, as provided in 60-11-120 through

18 60-11-123, tho sposial railroaEI faoilities anEI interfl'loElal transportation facilities account oroatod in

19 6G 11 122 funding available to provide for improvement of railroad tracks and associated facilities of any



22


24 "61-3-509. Disposition of taxes. ( 1) Except as provided in subsection (2), the county treasurer


26 motorcycles, motor homes, travel trailers, and campers collected under 61-3-504, 61-3-521, 61-3-527, and



29 suspense fund in the relative proportions required by the· levies for state, county, school district, and


- 49 - HB 166


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12) The county treasurer shall deduct as a district court fee 7 % of the amount of the 2 % tax

collected on an automobile or truck having a rated capacity of 1 ton or less. The county treasurer shall

credit the fee for district courts to a separate suspense account and shall forward the amount in the

account to the state treasurer at the time that the county treasurer distributes the motor vehicle suspense

fund. The state treasurer shall credit amounts received under this subsection to tho general state special

revenue fund to be used for purposes of state funding of the district court expenses as provided in

3-5-901."


10 "61-5-121. Disposition of fees. ( 1 I The disposition of the fees from driver's licenses provided for

11 in e1 e 111 (7)(a), motorcycle endorsements proviElod for in e1 e 111I7)(b), commercial driver's licenses

12 provided for in 61 e 111 (7)(s), and duplicate driver's licenses provided for in 61-5-114 is as follows:

13 la) The amount of~ 16. 7% of each driver's license fee and 25% of each duplicate driver's




17 {bl {i) If the fees are collected by a county treasurer or other agent of the department, the amount

18 of 3.7e% 2.5% of each driver's license fee and 3.75%. of each duplicate driver's license fee must be


20 (iii If the fees are collected by the department, the amount provided for in subsection ( 1 )(b)lil must


22 (c) {i) If the fee is collected by a county treasurer or other agent of the department, the amount

23 of~ 3.34% of each motorcycle endorsement must be deposited into the county general fund.

24 {iii If the fee 1s collected by the department, the .amount provided for in subsection (1){c)li) must


26 Id) The amount of 26.25 % of each driver's license fee and 8. 75% of each duplicate driver's license


28 {el In addition to the amounts deposited pursuant to subsections (1 ){b){ii) and { 1 )(c)(ii), the amount



i-Legislative ')S~lces -J!_ivision

- 50 - HB 166


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(f) If the fee is collected by the county treasurer or other agent of the department, the amount of

3.70% 2.5% of each commercial driver's license fee must be deposited into the county general fund,

otherwise all of the fee must be deposited in the state general fund.

(g) The amount of~ 63.46% of each motorcycle endorsement fee must be deposited into the

state traffic education account in the state special revenue fund, and the amount of 33.2% of each


(2) (a) If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and

duplicate driver's licenses are collected by a county treasurer or other agent of the department, the county

treasurer or agent shall deposit the amounts provided for in subsections (1 )(b)lil and 11 )(c)(i) into the county

general fund. The county treasurer or agent shall then remit to the state treasurer all remaining fees,


state special revenue fundL as provided in subsection (1 )(a)L and the state general fund. The state treasurer,

upon receipt of the fees and statement, shall deposit the fees as provided in subsections (1 )(a) and (1 )(dl

through (·1 )(g).

(bl If fees from driver's licenses, commercial driver's licenses, motorcycle endorsements, and

duplicate driver's licenses are collected by the department, it shall remit all fees to the state treasurer,


state special revenue fund as provided in subsection (1 )(a), the state special revenue fund, and the state

general fund. The state treasurer, upon receipt of the fees and statement, shall deposit the fees as provided

in subsections ( 1) (al, ( 1 )(b)(ii), ( 1 )(c)(ii), and ( 1 )(di through ( 1 )(g)."


23 "75-5-1108. Stat11t0ry apprepriatieR Use of funds -- STATUTORY APPROPRIATION. Money in the

24 revolving fund is stat.iterily a13f)FSflFiatoEI, as flFSYiEloEI in 17 7 Ei0:1, n:iust be ussEI IS STATUTORILY


26 concerns and paying debt service on obligations. Mensv in the SfleOial aEln:iinistrati>.·e oo6t6 aooount

27 auH1orizoEI b•,• 713 13 1113 is si;bjoot ts la8islafr•o 3flflFSpriation ssnstraints, anel BltflOneliti;res fron:i this

28 aoosunt must be ma Ela frem tamf)orary 8flflFOflriatisns, as Elasoribad in 17 7 eO 1 ( 1) sr (:1), maEla for that

29 flUFJ3S69."

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(Legislative \Services I...\Efvision

- 51 - HB 166



2 "75-6-214. Statwtary apprapriatian Use of funds -- STATUTORY APPROPRIATION. Money in the

3 revolving fund is statutorily appropriated, as proviElaEl in 17 7 602, must be useEI IS STATUTORILY

4 APPROPRIATED, AS PROVIDED IN 17-7-502, for the purposes of providing financial assistance to public

5 water systems. Money in the aElministration account authorized by 76 6 211 is subject to logisk:it+ve

6 appropriation, anEl oxpsndituros from this asoount muE;t be made fram temporar'f appropri,ati.ons, as

7 dosoril3od in 17 7 601(1) or (2). that are made for that purpose."


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10 "75-10-954. Megalandfill reclamation account -- deposit of funds. (1 I There is a megalandfill


12 (21 All lees, fines, penalties, forfeited bonds.and other monov that have been or will be paid to

13 the department under the provisions of 75-10-950 throu£Ih 75-10-954 must be deposited in the account.





18 I4l All fees, fines, penalties, and other money paid to the department under the provisions of



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22 "76-12-123. Natural areas account. ( 1) There is a natural areas special revenue account within




26 part. including administration of a natural areas program. These funEls, oxsopt funds used for administration

27 of a program, are statutorily appropriated, as provided in 17 7 602."


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'.legislativ~ \Services \_l!jvision

- 52 - HB 166


December 1, approve and authorize the issuance of a warrant on the general fund of the state made


3 equalization payment. The payments are statutorily appropriated as provided in 1 7-7-502."

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6 '"77-2-323. Sale procedure and limitation. (1) At the time fixed for the sale, the lands &Hall must


8 departmentL the lands &Hall must be sold to the highest qualified bidder under the following restrictions:

9 (a) ~le lanes Lands may not be sold for less than the value determined by the board after appraisal


11 (b) Tillable lands capable of producing agricultural crops may not be sold for less than $10 fIBf an

1 2 acre.

13 (cl Lands principally valuable tor grazing purposes may not be sold for less than $5 fIBf an acre.

14 (2) The lands &Hall must be sold as nearly as practicable according to the subdivisions in which

1 5 they are advertised, and care &Hall must be taken not to subdivide any tract in such a way as to separate


17 (3) The sale may be adjourned from day to day until all the lands advertised have been offered for

18 sale.

1 9 ( 4) !t any successful bidder at a sale refuses or neglects to make the initial payment required to

20 be made on the land purchased by-Rim, icle the successful bidder shall forfeit to the state not less than $50

21 or more than $1,000, to be determined by the board according to the circumstances of the case. If WGR


23 the attorney general shall sue for the recovery thereof of the amount in the name of the state. The


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"77-2-328. Additional rules -- deposit of fees. The board may prescribe~ any additional rules



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- 53 - HB 166



2 "77-5-305. Responsibility for compliance -- penalties -- administrative orders. (1) (a) Except as

3 provided in subsection (1 )(b), it is the responsibility of the owner to ensure compliance with the provisions


5 (b) If a written contract between an owner and an operator specifies that the operator is

6 responsible for compliance with laws relating to forest practices, the operator is considered the responsible






1 2 part or a rule adopted pursuant to this part and has caused damage to watershed or wildlife resources. the

1 3 department may serve an order requiring the person responsible for the conduct of forest practices to



16 violation.









2 5 cease causing further damage and take immediate action to alleviate the damage or to prevent future





30 (5) All fines and penalties levied under this section must be deposited in the state general fund."

i: Legisl.ative '-JServ,ces ''\!!jvision

- 54 - HB 166





4 82-11-123(5). These funds are statuterily appropriated as provided in 17 7 602."


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8 -- rei,•enues revenue allocated. ( 1) There is a state water project hydroelectric power generation special


10 (2) Except as provided in the applicable bond resolution, all rovenuos revenue derived from



13 (3) The ro•,onuos revenue received under this section must be used to repair and rehabilitate


i 5 (4) The funds deposited in the state water project hydroelectric power generation special revenue


1 7 account but not expended during the biennium for which it is appropriated must remain in the account for



20 (a) Tl=iora is a statutory appropriatien pursuant te 17 7 602 to allo'V tho department to transfer

21 availabio funds from tho state ...,atar projeot l=iydroeleotrio powor gonoration spooial revenue aeoount wl=ien

22 noaded tB pay debt sor>,ieo on state water prajaot bands, inoluding but not limited to broadwator powor

23 projast banes.

24 (€i) Tl=ioro is a statutory appropriation 13ursuant to 1 7 7 602 for the d013artmant te transfer a•,ailaslo

25 funds from tha llroadwator roplaoomant and ronowal aooount when needed to pay debt servioo on tl=ie

26 aroaavrntar power i:irojaot tienas."

27


29 "90-3-301. J!.ppropriatioA Spending authority and funding -- matching funds. ( 1) The board has


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- 5 5 - HB 166


income. These tunas are statutoril~1 aJ)propriatea as JlFO"iaea in 17 7 502.





6 The board may accept as matching funds those received by the loan recipient within 1 year prior to the



cl 14) A loan may not be made for a research and development project for which matching funds have

1 O not been received unless the matching fund requirements are waived by the board pursuant to this section.




14 potential· commercialization of the research and development project, in addition to its potential to

15 strengthen the partnership between the public sector and private sector, warrant the waiver. The board may


17 loan agreement. The board may require additional matching funds depending on the capital need in Lhe

1 8 research and development project."

19

20

21


"90-7-220. Montana developmental center loan. ( 1) The department of public health and human










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- 56 - HB 166










9 interest payments as due under the loan agreement. Prinsipal and interest payments sonstitute a statutory

10 apprepriation within the R'leaning of 17 7 lii02. Whenever the foregoing facility revenues exceed the amount


1 2 deposited to the general fund. As long as the loan remains outstanding and the department provides



15 when foreclosure occurs under the agreement or the mortgage. Notwithstanding 77-2-302(1) and upon


1 7 commissioners as a first and prior claim against the mortgaged land an amount equal to the full market


1 9 a qualified land appraiser. The loan agreement may contain other provisions or agreements that the


21 7.




25 section."

26


28 "90-7-221. Montana state hospital loan. ( 1) The department of public health and human services



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1 O principal and interest payments required by that agreement are payable from the facility revenue obtained




14 provided ·by the Montana state hospital and the Montana mental health nursing care center must be

1 5 deposited in a special revenue fund and must be applied to the payment of the principal and interest

16 payments due under the loan agreement. PrinGipal aml interest pa'{FAents constitute a statutory

17 appropriation within the rneanin!J ef 17 7 002. Whenever the foregoing facility revenue exceed~ che






23 provisions of 77-2-302(1) and upon foreclosure of a mortgage given to secure the loan agreement, there








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3

4 NEW SECTION. Section 66. Repealer. (1) Sections 10 2 417, 15-31-408, Hi 66 122, 16 66 131,


6 I 2) Section 1 5-1-111, MCA, is repealed.

7



10 THE GENERAL FUND AND IF HOUSE BILL NO, 210 IS PASSED AND APPROVED INCREASING THE 9-1-1


12 THE GENERAL FUND IN [THIS ACT] IS 3.63% 3. 76%.

13

14 NEW SECTION, Section 68. Effective dates -- TERMINATION. (1) [Sections 1 through~

15 THROUGH~ 26, ~ 28 through~ 65, ancJ 6311) 69(1) 66(1). AND :W 67 and this section]

1 6 are effective July 1, 1997.

i 7 (2) [Sections~ 27 and 6312) filHll: 66(2)] are effective July 1, 2008.

18 (31 [SECTION 4--& 4] IS EFFECTIVE ON PASSAGE AND APPROVAL AND TERMINATES JULY 1,

1 9 1997--'-

20 -END·

1 Legislative "rServices ,!!jvision

• 59 • HB 166

HB166.pdf - Montana Judicial Branch

Documents

Transcript of HB166.pdf - Montana Judicial Branch