HOUSE BILL NO. 318
INTRODUCED BY T. FACEY, GOLIE, KITZENBERG, LASLOVICH, LAWSON, NEWMAN, RASER
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING FOR THE AWARD OF MATCHING FUNDS TO
ORGANIZATIONS RAISING MONEY TO ASSIST CATASTROPHICALLY INJURED LAW ENFORCEMENT
OFFICERS AND PUBLIC SAFETY WORKERS; ALLOWING AN ORGANIZATION RAISING FUNDS FOR A LAW
ENFORCEMENT OFFICER TO APPLY FOR MATCHING FUNDS FROM THE CRIME VICTIMS COMPENSATION
AND ASSISTANCE ACCOUNT; ESTABLISHING AN ACCOUNT IN THE STATE SPECIAL REVENUE FUND TO
BE ADMINISTERED BY STATUTORILY APPROPRIATING UP TO $30,000 FROM THE EMPLOYMENT
SECURITY ACCOUNT TO THE DEPARTMENT OF ADMINISTRATION TO PROVIDE MATCHING FUNDS TO
ORGANIZATIONS RAISING MONEY FOR INJURED LAW ENFORCEMENT OFFICERS AND PUBLIC SAFETY
WORKERS; REQUIRING THE COMMISSIONER OF INSURANCE TO DEPOSIT IN THE ACCOUNT MONEY
COLLECTED FROM A TAX ON NET PREMIUMS; STATUTORILY APPROPRIATING MONEY IN THE ACCOUNT
TO THE DEPARTMENT OF ADMINISTRATION; ESTABLISHING SCHEDULES BY WHICH THE DIVISION OF
CRIME CONTROL AND THE DEPARTMENT OF ADMINISTRATION MAY MATCH FUNDS RAISED BY A
LOCAL ORGANIZATION; ALLOWING THE DIVISION OF CRIME CONTROL AND THE DEPARTMENT OF
ADMINISTRATION TO DEVELOP PROCEDURES FOR AWARDING MATCHING FUNDS; AMENDING
SECTIONS 17-2-121, SECTION 17-7-502, 33-2-705, AND 33-2-708, MCA; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Matching funds for law enforcement officers -- STATUTORY APPROPRIATION. (1) FOR THE PURPOSES OF THIS SECTION, "PUBLIC SAFETY WORKER" MEANS A FIREFIGHTER, PARAMEDIC, OR EMERGENCY MEDICAL TECHNICIAN.
(1)(2) If a law enforcement officer, as defined in 7-32-201, OR A PUBLIC SAFETY WORKER is catastrophically
injured or killed while performing the duties required of the position and a local organization raises funds to assist the
injured law enforcement officer OR PUBLIC SAFETY WORKER or the law enforcement officer's OR PUBLIC SAFETY
WORKER'S family, the local organization may apply to the division DEPARTMENT OF ADMINISTRATION for
matching funds from the crime victims compensation and assistance account established in 53-9-109, according to the
following schedule, subject to subsection (2) (3):
(a) for organizations in counties with a population under 4,000, a 5-to-1 match;
(b) for organizations in counties with a population between 4,000 and 10,000, a 4-to-1 match; and
(c) for organizations in counties with a population over 10,000, a 3-to-1 match.
(2)(3) An award to an organization under this section may not exceed $50,000 $30,000.
(3)(4) For the purposes of this section, "catastrophically injured" means injured to the point that a law enforcement
officer OR PUBLIC SAFETY WORKER does not have a reasonable prospect of physically performing the regular duties of
a law enforcement officer OR PUBLIC SAFETY WORKER after the law enforcement officer OR PUBLIC SAFETY
WORKER has reached maximum medical healing and no further improvement can be expected with primary medical care.
(4)(5) The division DEPARTMENT OF ADMINISTRATION may develop procedures for determining how an
organization may qualify and apply for the matching funds.
(6) UP TO $30,000 IS STATUTORILY APPROPRIATED, AS PROVIDED IN 17-7-502, FROM THE EMPLOYMENT SECURITY ACCOUNT ESTABLISHED IN 39-51-409, TO THE DEPARTMENT OF ADMINISTRATION ON AN ANNUAL BASIS FOR THE PURPOSES OF PROVIDING MATCHING FUNDS TO AN ORGANIZATION IF IT APPLIES AND QUALIFIES UNDER THIS SECTION. ANY UNEXPENDED FUNDS REMAINING IN THE APPROPRIATION AT THE END OF EACH FISCAL YEAR MUST REVERT TO THE GENERAL FUND.
(7) MATCHING FUNDS ARE LIMITED TO ONE FOR AN OFFICER, PUBLIC SAFETY WORKER, OR FAMILY IN A LIFETIME.
NEW SECTION. Section 2. Matching funds for public safety workers. (1) For the purposes of this section, "public
safety worker" means a firefighter, paramedic, or emergency medical technician.
(2) If a public safety worker is catastrophically injured or killed while performing the duties required of the position and
a local organization raises funds to assist the injured public safety worker or the public safety worker's family, the local
organization may apply to the department of administration for matching funds from the account established in [section 3],
according to the following schedule, subject to subsection (3).
(a) for organizations in counties with a population under 4,000, a 5-to-1 match;
(b) for organizations in counties with a population between 4,000 and 10,000, a 4-to-1 match; and
(c) for organizations in counties with a population over 10,000, a 3-to-1 match.
(3) An award to an organization under this section may not exceed $50,000.
(4) For the purposes of this section, "catastrophically injured" means injured to the point that a public safety worker
does not have a reasonable prospect of physically performing the regular duties of the public safety worker's job after the
public safety worker has reached maximum medical healing and no further improvement can be expected with primary
medical care.
(5) The department of administration may develop procedures for determining how an organization may qualify and
apply for the matching funds.
NEW SECTION. Section 3. Account to be used for matching funds. (1) There is an account in the state special
revenue fund to be used for awarding matching funds to organizations raising money for injured public safety workers as
provided in [section 2].
(2) Money in the account is derived from the tax collected by the commissioner of insurance under 33-2-705.
(3) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department of administration.
(4) Any remaining balance in the account at the end of the biennium must be transferred to the state general fund.
Section 4. Section 17-2-121, MCA, is amended to read:
"17-2-121. Deposits by insurance commissioner of insurance. Except as provided in 33-2-705 and 33-2-708, all fees,
miscellaneous and examination charges, fines, penalties, and those amounts received pursuant to 33-2-311, 33-2-705,
33-2-706, or 50-3-109 collected by the insurance commissioner of insurance pursuant to Title 33 and the rules adopted to
implement Title 33 must be deposited in the general fund."
Section 2. Section 17-7-502, MCA, is amended to read:
"17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.
(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:
(a) The law containing the statutory authority must be listed in subsection (3).
(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.
(3) The following laws are the only laws containing statutory appropriations: 2-17-105; 3-5-901; 5-13-403; 10-3-203;
10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-111; 15-23-706; 15-31-702; 15-34-115; 15-35-108; 15-36-324; 15-37-117;
15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-406; 16-1-411; [section 3] [SECTION 1]; 17-3-106; 17-3-212;
17-3-222; 17-6-101; 17-7-304; 18-11-112; 19-3-319; 19-6-709; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305;
19-19-506; 19-20-604; 20-8-107; 20-26-1503; 22-3-1004; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631;
23-7-301; 23-7-402; 37-43-204; 37-51-501; 39-71-503; 42-2-105; 44-12-206; 44-13-102; 50-4-623; 53-6-703; 53-24-206;
67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 77-1-505; 80-2-222; 80-4-416; 80-11-518; 81-5-111; 82-11-161;
87-1-513; 90-3-1003; 90-6-710; 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 (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; pursuant to Ch. 422, L. 1997, the inclusion of 15-1-111 terminates on July 1, 2008, which is the date that section is repealed; pursuant to sec. 10, Ch. 360, L. 1999, the inclusion of 19-20-604 terminates when the amortization period for the teachers' retirement system's unfunded liability is 10 years or less; pursuant to sec. 4, Ch. 497, L. 1999, the inclusion of 15-38-202 terminates July 1, 2014; and pursuant to sec. 10(2), Ch. 10, Sp. L. May 2000, the inclusion of 15-35-108 and 90-6-710 terminates June 30, 2005.)"
Section 6. Section 33-2-705, MCA, is amended to read:
"33-2-705. Report on premiums and other consideration -- tax -- deposit of funds in special account. (1) Each
authorized insurer and each formerly authorized insurer with respect to premiums received while an authorized insurer in
this state shall file with the commissioner, on or before March 1 each year, a report in a form prescribed by the
commissioner showing total direct premium income, including policy, membership, and other fees, premiums paid by
application of dividends, refunds, savings, savings coupons, and similar returns or credits to payment of premiums for new
or additional or extended or renewed insurance, charges for payment of premium in installments, and all other
consideration for insurance from all kinds and classes of insurance, whether designated as a premium or otherwise,
received by a life insurer or written by an insurer other than a life insurer during the preceding calendar year on account of
policies covering property, subjects, or risks located, resident, or to be performed in Montana, with proper proportionate
allocation of premium as to property, subjects, or risks in Montana insured under policies or contracts covering property,
subjects, or risks located or resident in more than one state, after deducting from the total direct premium income applicable
cancellations, returned premiums, the unabsorbed portion of any deposit premium, the amount of reduction in or refund of
premiums allowed to industrial life policyholders for payment of premiums direct to an office of the insurer, all policy
dividends, refunds, savings, savings coupons, and other similar returns paid or credited to policyholders with respect to the
policies. As to title insurance, "premium" includes the total charge for the insurance. A deduction may not be made of the
cash surrender values of policies. Considerations received on annuity contracts may not be included in total direct premium
income and are not subject to tax.
(2) Coincident with the filing of the tax report referred to in subsection (1), each insurer shall pay to the commissioner a
tax upon the net premiums computed at the rate of 2 3/4%.
(3) That portion of the tax paid under this section by an insurer on account of premiums received for fire insurance must
be separately specified in the report as required by the commissioner, for apportionment as provided by law. When
insurance against fire is included with insurance of property against other perils at an undivided premium, the insurer shall
make a reasonable allocation from the entire premium to the fire portion of the coverage as must be stated in the report and
as may be approved or accepted by the commissioner.
(4) With respect to authorized insurers, the premium tax provided by this section must be payment in full and in lieu of
all other demands for any and all state, county, city, district, municipal, and school taxes, licenses, fees, and excises of
whatever kind or character, excepting only those prescribed by this code, taxes on real and tangible personal property
located in this state, and taxes payable under 50-3-109.
(5) The commissioner may suspend or revoke the certificate of authority of any insurer that fails to pay its taxes as
required under this section.
(6) In addition to the penalty provided for in subsection (5), the commissioner may impose upon an insurer who fails to
pay the tax required under this section a fine of $100 plus interest on the delinquent amount at the annual interest rate of
12%.
(7) The commissioner may by rule provide a quarterly schedule for payment of portions of the premium tax under this
section during the year in which tax liability is accrued.
(8) Except as provided in subsection (3), funds collected under this section must be deposited in the account in the state
special revenue fund established under [section 3]."
Section 7. Section 33-2-708, MCA, is amended to read:
"33-2-708. Fees and licenses. (1) (a) Except as provided in 33-17-212(2), the commissioner shall collect a fee of
$1,900 from each insurer applying for or annually renewing a certificate of authority to conduct the business of insurance in
Montana.
(b) The commissioner shall collect certain additional fees as follows:
(i) nonresident insurance producer's license:
(A) application for original license, including issuance of license, if issued 100.00
(B) annual renewal of license 10.00
(ii) surplus lines insurance producer license:
(A) application for original license and for issuance of license, if issued 50.00
(B) annual renewal of license 50.00
(iii) 50 cents for each page for copies of documents on file in the commissioner's office.
(2) (a) The commissioner shall charge a fee of $75 for each course or program submitted for review as required by
33-17-1204 and 33-17-1205, but may not charge more than $1,500 to a sponsoring organization submitting courses or
programs for review in any biennium.
(b) Insurers and associations composed of members of the insurance industry are exempt from the charge in subsection
(2)(a).
(3) The commissioner shall promptly deposit with the state treasurer to the credit of the general fund all fines and
penalties and those amounts received pursuant to 33-2-311, 33-2-705, and 33-2-706. All Except as provided in 33-2-705,
all other fees collected by the commissioner pursuant to Title 33 and the rules adopted under Title 33 must be deposited in
the state special revenue fund to the credit of the state auditor's office.
(4) All fees are considered fully earned when received. In the event of overpayment, only those amounts in excess of
$10 will be refunded."
NEW SECTION. Section 3. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of
Title 53, chapter 9, part 1, and the provisions of Title 53, chapter 9, part 1, apply to [section 1].
(2) [Sections 2 and 3] are [SECTION 1] IS intended to be codified as an integral part of Title 17, chapter 2, part 1, and
the provisions of Title 17, chapter 2, part 1, apply to [sections 2 and 3] [SECTION 1].
NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of HB 318 (HB0318.02)
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