HOUSE BILL NO. 141
INTRODUCED BY R. SOMERVILLE
AN ACT REVISING LAWS RELATED TO THE SALE OF MINT OIL; ELIMINATING REFERENCES TO ASSESSMENTS ON THE PLEDGE OR MORTGAGE OF MINT OIL; LIMITING THE ASSESSMENT ON MINT OIL TO SALES OF 1,000 POUNDS OR MORE IN A CALENDAR YEAR; REDUCING THE MINT OIL PURCHASER LICENSE FEE FROM $50 TO $20 AND INCREASING THE TERM OF LICENSE FROM 1 YEAR TO 10 YEARS; PROVIDING THAT A MINT OIL PURCHASER LICENSE IS NOT REQUIRED FOR A PERSON WHO PURCHASES LESS THAN 1,000 POUNDS OF MINT OIL IN A CALENDAR YEAR; REVISING DEFINITIONS; AMENDING SECTIONS 80-11-402, 80-11-412, 80-11-413, 80-11-414, AND 80-11-417, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 80-11-402, MCA, is amended to read:
"80-11-402. Definitions. As used in this part, the following definitions apply:
(1) "Committee" means the Montana mint committee established in 2-15-3006.
(2) "First purchaser" means a person, partnership, association, cooperative, or other business unit or device that first
buys mint oil for subsequent sale or that acts as a sales or purchasing agent, broker, or factor of mint. The term includes a
mortgagee, pledgee, lienor, or other person, public or private, having a claim against a grower, where the actual or
constructive possession of mint oil is taken as partial payment or in satisfaction of a mortgage, pledge, lien, or claim from a
grower.
(3) "Grower" means a landowner who is personally engaged in growing mint, a tenant who is personally engaged in growing mint, or both the landowner and tenant jointly, and includes a person, partnership, association, corporation, trust, sharecropper, or other business unit, device, or arrangement that grows mint.
(4) "Sale" means any pledge or mortgage of mint oil to any person, public or private the passing of title to mint oil from
a grower to a first purchaser for a price."
Section 2. Section 80-11-412, MCA, is amended to read:
"80-11-412. Assessment on mint oil -- exception. (1) There Except as provided in subsection (4), there is levied on all
mint oil produced in this state and sold through normal commercial channels an assessment of not less than 5 cents or more
than 15 cents a pound. The assessment is levied on each grower in the following manner:
(a) in the case of the sale of mint oil, the assessment must be collected by the first purchaser from the grower at the time
of each settlement for mint oil purchased; or
(b) in the case of a pledge or mortgage of mint oil as security for a loan, the assessment must be collected by deducting
the amount of the assessment from the proceeds of the loan at the time the loan is made by the agency or person making the
loan.
(2) The assessment must be deducted and collected whether the mint oil is stored in this state or any other state. The
assessment is imposed only on the initial sale, pledge, mortgage, or other transaction in which a grower parts with title to
the mint oil or creates an interest in the mint oil in a pledgee, mortgagee, or other person, but a grower is not subject to
assessment more than once regardless of the number of times the oil is subject to a sale, pledge, mortgage, or other
transaction.
(3) The committee shall by rule set the amount of the assessment annually in accordance with subsection (1).
(4) A first purchaser is not required to collect or pay the assessment unless 1,000 pounds or more of mint oil is purchased in a calendar year."
Section 3. Section 80-11-413, MCA, is amended to read:
"80-11-413. Buyer's delivery of invoice to grower -- form. The purchaser of mint oil at the time of sale or the
pledgee, mortgagee, or other lender at the time of the loan or advance shall give a separate invoice for each purchase to the
grower. The invoice must be on forms approved by the committee and must contain:
(1) the name and address of the grower and seller;
(2) the name and address of the purchaser or the lender;
(3) the number of pounds of mint oil sold, mortgaged, or pledged;
(4) the date of purchase, mortgage, or pledge; and
(5) the amount of the assessment collected and remitted to the committee."
Section 4. Section 80-11-414, MCA, is amended to read:
"80-11-414. Payment of assessment -- sworn statement. (1) The purchaser, mortgagor, or pledgee shall file with the
committee, on forms prescribed by the committee, within 20 days after the end of a month in which mint oil is purchased, a
sworn statement of the number of pounds of mint oil purchased in Montana or the number of pounds of mint oil mortgaged,
transferred, or otherwise subject to a lien as security for a loan during the preceding calendar month. At the time the
statement is filed, the purchaser or lender shall pay to the committee the assessment provided for in 80-11-412 for deposit
in the mint account in the state special revenue fund, unless the purchaser is exempt under 80-11-412(4).
(2) The sworn statement referred to in subsection (1) must be legible and free of corrections and alterations."
Section 5. Section 80-11-417, MCA, is amended to read:
"80-11-417. Mint oil purchaser license -- application -- fee -- exception. (1) Every Unless exempt under subsection
(4), every person acting as a first purchaser shall annually file a written application with the committee for a license. The
application must include:
(a) the applicant's name;
(b) the applicant's principal business addresses, both within and outside Montana;
(c) the name of a person authorized to receive service of summons and legal notices of all kinds for the applicant; and
(d) any other information the committee may require.
(2) Each application must be accompanied by a license fee of $50 $20. A license is valid for the calendar year in which
it is issued 10 years.
(3) A license must be issued if the committee is satisfied that the applicant is of good character and reputation and is financially responsible.
(4) A license is not required for a person who purchases less than 1,000 pounds of mint oil in a calendar year."
Section 6. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Section 7. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
Section 8. Effective date. [This act] is effective on passage and approval.
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