SENATE BILL NO. 433
INTRODUCED BY J. ELLIOTT, HARGROVE, CHRISTIAENS, BOHLINGER, GRIMES, MAHLUM, STONINGTON
AN ACT PROVIDING COUNTIES WITH THE PAYMENT OPTIONS CONTAINED IN FEDERAL LAW FOR RECEIVING THEIR PORTION OF FOREST RESERVE FUNDS; SPECIFYING HOW THE FUNDS MUST BE DISTRIBUTED, DEPENDING ON THE PAYMENT OPTIONS CHOSEN; AMENDING SECTIONS 17-3-211, 17-3-212, AND 17-3-213, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 17-3-211, MCA, is amended to read:
"17-3-211. Forest reserve money and other federal funds. (1) The state treasurer, for the purpose of carrying out the
provisions of 16 U.S.C. 500, Public Law 106-393, and all acts subsequent thereto to them, shall divide and distribute all
forest reserve and Public Law 106-393 moneys funds received by the state thereunder, plus interest earned, to and among
the several counties entitled thereto to the funds and pay the same amounts to the several county treasurers of such the
counties within 30 days after receiving full payment of the same, as directed by the state auditor.
(2) The forest reserve money and the Public Law 106-393 money shall must be invested and all investment earnings
credited to the forest reserve account or the Public Law 106-393 account, as appropriate."
Section 2. Section 17-3-212, MCA, is amended to read:
"17-3-212. Apportionment of forest reserve funds and other federal funds among counties. (1) The forest reserve
funds, all Public Law 106-393 funds, and earned interest are statutorily appropriated, as provided in 17-7-502, from the
federal special revenue fund to the state auditor. The state auditor shall apportion all forest reserve funds, all Public Law
106-393 funds, and earned interest for allocation among the counties in which the forest reserve is situated in proportion to
the acreage of the forest reserve in each county based upon federal law and this section.
(2) The state treasurer shall pay the apportioned amounts plus interest, as provided in 17-3-211, to the respective counties."
Section 3. Section 17-3-213, MCA, is amended to read:
"17-3-213. Allocation to general road fund and countywide school levies of forest reserve funds and other
federal funds -- options provided in federal law. (1) The forest reserve funds so apportioned to each county must The
board of county commissioners in each county shall decide among payment options provided in subsections (2) through (4),
as provided in Public Law 106-393, to determine how the forest reserve funds and Public Law 106-393 funds apportioned
to each county must be apportioned distributed by the county treasurer pursuant to this section. in each county as follows:
(2) If a board of county commissioners chooses to receive a payment that is 25% of the revenue derived from national forest system lands, as provided in 16 U.S.C. 500, all funds received must be distributed as provided in subsection (5).
(3) (a) Except as provided in subsection (4), if a county elects to receive the county's full payment under Public Law 106-393, a minimum of 80% up to a maximum of 85% of the county's full payment must be designated by the county for distribution as provided in subsection (5).
(b) The balance not distributed pursuant to subsection (3)(a) may be allocated by the county in accordance with Public Law 106-393.
(4) If a county's full payment is less than $100,000, the county may elect to distribute up to 100% of the payment as provided in subsection (5).
(5) The total amount designated by a county in accordance with subsection (3)(a) or (4) must be distributed as follows:
(a) to the general road fund, 66 2/3% of the total amount received designated;
(b) to the following countywide school levies, 33 1/3% of the total sum received amount designated:
(i) county equalization for elementary schools provided for in 20-9-331; and
(ii) county equalization for high schools provided for in 20-9-333;
(iii) the county transportation fund provided for in 20-10-146; and
(iv) the elementary and high school district retirement fund obligations provided for in 20-9-501.
(2)(6) The apportionment of money to the funds provided for under subsection (1)(b) (5)(b) must be made by the
county superintendent based on the proportion that the mill levy of each fund bears to the total number of mills for all the
funds. Whenever the total amount of money available for apportionment under this section subsection (5)(b) is greater than
the total requirements of a levy, the excess money and any interest income must be retained in a separate reserve fund, to be
reapportioned in the ensuing school fiscal year to the levies designated in subsection (1)(b) (5)(b).
(3)(7) In counties in which special road districts have been created according to law, the board of county commissioners
shall distribute a proportionate share of the 66 2/3% of the total amount received distributed under subsection (5)(b) for the
general road fund to the special road districts within the county based upon the percentage that the total area of the road
district bears to the total area of the entire county."
Section 4. Effective date. [This act] is effective July 1, 2001.
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