HOUSE BILL NO. 369

INTRODUCED BY B. BARNHART

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A RISK-BASED LICENSE FEE FOR HIGH-RISK FOOD MANUFACTURING ESTABLISHMENTS; SUBMITTING THE FEE INCREASE TO THE ELECTORATE; AMENDING SECTION 50-50-205, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 50-50-205, MCA, is amended to read:

"50-50-205. License fee -- late fee -- preemption of local authority -- exception. (1) For each license issued to a "high risk" food manufacturing establishment, the department shall collect an annual fee of $150. The categorization "high risk" is assigned to a food manufacturing establishment that uses a high-risk process.

(2) If more than one establishment is operated on the same premises and under the same management, the department shall collect a single license fee based upon the categorization of the establishment that falls within the highest risk level applicable.

(3) The department shall deposit 92.5% of the fees collected under subsection (1) into the local board inspection fund account created in 50-2-108 and 7.5% of the fees into the account provided for in 50-50-216.

(4) In addition to the license fee required under subsection (1), the department shall collect a late fee from any licensee who has failed to submit a license renewal fee prior to the expiration of the licensee's current license and who operates an establishment governed by this part in the next licensing year. The late fee is $25 and must be deposited in the account provided for in 50-50-216.

(5) A county or other local government may not impose an inspection fee or charge in addition to the fee provided for in subsection (1) unless a violation of this chapter or rule persists and is not corrected after two visits to the establishment.

(6) The fees in subsections (1) and (4) may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party. However, the discounting of license fees may not reduce the fees paid into the local board inspection fund account established in 50-2-108."

NEW SECTION. Section 2. Submission to electorate. This act shall be submitted to the qualified electors of Montana at the tax election to be held in 1999, by printing on the ballot the full title of this act and the following:

SHALL THE HIGH-RISK FOOD MANUFACTURING ESTABLISHMENT LICENSE FEE TAX BE INCREASED ANNUALLY BY $90 IN THE FOLLOWING MANNER?

[]	FOR increasing the high-risk food manufacturing establishment fee from $60 to $150.

[]	AGAINST increasing the high-risk food manufacturing establishment fee from $60 to $150.

NEW SECTION. Section 3. Codification instruction. If LC 1557, LC 1559, and this act are passed and approved and submitted to and approved by the electorate, 50-50-205 is intended to be codified as 50-50-205 appears in LC 930.

NEW SECTION. Section 4. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then this act is void.

NEW SECTION. Section 5. Effective date. If approved by the electorate, this act is effective July 1, 1999.

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