HOUSE BILL NO. 132
INTRODUCED BY J. BRUEGGEMAN
AN ACT REVISING CERTAIN STATUTES RELATED TO THE ALLOCATION AND DISPOSITION OF THE FEE IN LIEU OF TAX ON MOTORBOATS AND RELATED TO THE BOATING ADVISORY COUNCIL; EXTENDING THE TERMINATION DATE APPLICABLE TO THE ALLOCATION AND DISPOSITION OF A PERCENTAGE OF THE FEE IN LIEU OF TAX ON MOTORBOATS FOR BOATING FACILITIES; EXTENDING THE TERMINATION DATE FOR THE BOATING ADVISORY COUNCIL; EXTENDING THE TERMINATION DATE APPLICABLE TO THE CHANGE IN THE PENALTY FOR FAILURE TO PAY THE BOAT FEE IN LIEU OF TAX; EXTENDING THE TERMINATION DATE APPLICABLE TO STATE-FUNDED AND STATE-CERTIFIED COUNTY BOATING SAFETY PROGRAMS; AUTHORIZING THE USE OF BOAT FEES TO BENEFIT PUBLIC BOATING FACILITIES; REMOVING A PROVISION THAT LIMITS DISBURSEMENT OF COLLECTED FEES TO THE REGION IN WHICH THE PAYOR'S BOATING ACTIVITIES OCCUR; AMENDING SECTION 23-2-533, MCA, SECTION 6, CHAPTER 511, LAWS OF 1993, AND SECTIONS 9 AND 10, CHAPTER 476, LAWS OF 1995; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 23-2-533, MCA, is amended to read:
"23-2-533. (Temporary) Use of percentage of boat fees allocated to department for boat boating facilities --
designation of fees for regional use. (1) At the time the fee in lieu of tax imposed under 23-2-516 is collected, the payor
shall designate the fish, wildlife, and parks administrative region in which the majority of the payor's boating activities take
place. Upon receipt of the fee in the motorboat account in the state special revenue fund, the department shall earmark the
fee for use in the designated region.
(2) (a) All fees designated to the motorboat account by 23-2-518(2) must be used by the department to:
(i) improve, regional operate, or maintain public boating facilities under the control of the department and, in
conjunction with other funds in the motorboat account, to; and
(ii) cover costs associated with the boating advisory council created in 23-2-536. The department may use the fees to
match available federal funds to the extent possible.
(b) Expenditure of fees must be made after consideration of recommendations by the boating advisory council.
(c) The department shall conduct a survey of the payors of the fee in lieu of tax imposed under 23-2-516 periodically but at least once every 2 years to determine where the majority of the payors' boating activities take place.
(2) The department may use its portion of the fees collected under 23-2-518 to match available federal funds to the
extent possible. (Terminates June 30, 2002--sec. 9, Ch. 476, L. 1995.)"
Section 2. Section 6, Chapter 511, Laws of 1993, is amended to read:
"Section 6. Termination. [This act] terminates June 30, 1995 2006."
Section 3. Section 9, Chapter 476, Laws of 1995, is amended to read:
"Section 9. Section 6, Chapter 511, Laws of 1993, is amended to read:
"Section 6. Termination. [This act] terminates June 30, 1995 2006.""
Section 4. Section 10, Chapter 476, Laws of 1995, is amended to read:
"Section 10. Termination. [Sections 1 and 3] terminate June 30, 2002 2006."
Section 5. Coordination instruction. If both House Bill No.124 and [this act] are passed and approved:
(1) and House Bill No. 124 includes a revision of county funding of the motorboat account, then the allocation to the department of fish, wildlife, and parks in [section 3(4)] of House Bill No.124 is increased by $337,500;
(2) then [section 1 of this act] must read as follows:
"23-2-533. (Temporary) Use of percentage of boat fees allocated funds for boat boating facilities -- designation of
fees for regional use. (1) At the time the fee in lieu of tax imposed under 23-2-516 is collected, the payor shall designate
the fish, wildlife, and parks administrative region in which the majority of the payor's boating activities take place. Upon
receipt of the fee in the motorboat account in the state special revenue fund, the department shall earmark the fee for use in
the designated region.
(2) All fees designated Funds allocated to the motorboat account by 23-2-518(2) must be used by the department to:
(a) improve, operate, or maintain regional boating facilities under the control of the department and, in conjunction with
other funds in the motorboat account, to; and
(b) cover costs associated with the boating advisory council created in 23-2-536.
(2) The department may use the fees funds to match available federal funds to the extent possible. Expenditure of fees
must be made after consideration of recommendations by the boating advisory council. (Terminates June 30, 2002--sec. 9,
Ch. 476, L. 1995.)"
(3) then 23-2-534, MCA, is amended to read:
"23-2-534. (Temporary) Funding of state recreational boating safety program -- certification of county
programs -- administration by counties. (1) The department may in its discretion use available state funds and federal
matching funds to contract with counties to implement designated parts of the state recreational boating safety program. If a
county accepts a grant, the county shall agree to implement a program that is certified by the department as fulfilling the
requirements of the state recreational boating safety program.
(2) A county may designate any amount of boat fees in lieu of tax, unless otherwise allocated by 23-2-518(2), or other
allocate funds for collection by to the department for the recreational boating safety program. This money must be used by
the department for contracts with counties for the recreational boating safety program. (Terminates June 30, 2002--sec. 10,
Ch. 476, L. 1995.)"
Section 6. Effective date. [This act] is effective July 1, 2001.
- END -
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