SENATE BILL NO. 304
INTRODUCED BY JOHNSON, BOHLINGER
AN ACT DIRECTING A COMMITTEE TO STUDY THE ROLE OF THE STATE COMPENSATION INSURANCE FUND AND TO DETERMINE IF IT IS COST-EFFECTIVE AND IN THE BEST INTEREST OF THE STATE, MONTANA EMPLOYEES, AND MONTANA EMPLOYERS TO SELL ALL OR A PORTION OF THE STATE COMPENSATION INSURANCE FUND ASSETS AND LIABILITIES AND TO STUDY THE CREATION OF AN ASSIGNED RISK POOL; PROVIDING FOR A REPORT TO THE 59TH LEGISLATURE; REQUIRING LEGISLATIVE APPROVAL OF A SALE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Study committee. (1) There is a committee to study the role and the sale of the state compensation insurance fund and the creation of an assigned risk pool as provided in [section 2]. The committee consists of:
(a) two members of the house of representatives appointed by the speaker, one from each party;
(b) two members of the senate appointed by the president, one from each party;
(c) a representative of the state auditor's office, appointed by the state auditor;
(d) a representative of the governor's office, appointed by the governor;
(e) an insured employer of the state fund who is also a member of the state fund board, appointed by the governor;
(f) a representative of a plan No. 2 insurer, appointed by the governor; and
(g) a representative of plan No. 1, appointed by the governor.
(2) The members of the committee, other than the legislator members, shall serve for no compensation but are entitled to reimbursement for travel, meals, and lodging as provided in Title 2, chapter 18, part 5. The legislator members are entitled to compensation and expenses as provided in 5-2-302.
(3) The costs of the committee and the expenses are the responsibility of the state compensation insurance fund, not to exceed $100,000. The state fund is responsible for providing support functions to the committee and shall provide the support functions under the direction of the committee.
Section 2. Study of role and possible sale of state compensation insurance fund -- separate determinations -- submission of legislation -- legislative approval. (1) Subject to Article VIII, section 13, of the Montana constitution, the committee established in [section 1] shall study the role of the state compensation insurance fund and shall determine if it is cost-effective and in the best interest of the state, Montana employees, and Montana employers to sell all or a portion of the state compensation insurance fund assets and liabilities and to create an assigned risk pool.
(2) The committee shall make separate determinations concerning the role of the state compensation insurance fund and the sale of the assets and liabilities for the portion of the state compensation insurance fund related to claims for injuries resulting from accidents that occurred before July 1, 1990, and claims for injuries resulting from accidents that occur on or after July 1, 1990, and concerning the creation of an assigned risk pool.
(3) The committee may use the expertise of all executive branch agencies and personnel and any consultants determined to be necessary in making the determinations required by subsections (1) and (2).
(4) The committee shall report to the 59th legislature on the determinations made pursuant to this section. As a part of the report, the committee shall prepare any necessary legislation to implement a recommended sale. A sale of the assets and liabilities of the state compensation insurance fund may not be made unless the sale is approved by the 59th legislature.
Section 3. Effective date. [This act] is effective on passage and approval.
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