SENATE BILL NO. 277

INTRODUCED BY J. BOHLINGER

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A HOUSING TRUST FUND; CREATING A HOUSING TRUST FUND ADVISORY COUNCIL; DEPOSITING THE INTEREST EARNED ON TAX ANTICIPATION NOTES INTO THE HOUSING TRUST FUND; RAISING SOME OF THE FEES COLLECTED BY A COUNTY CLERK AND DEPOSITING $1 OF EACH FEE INTO THE HOUSING TRUST FUND; DEPOSITING THE UNCLAIMED LOTTERY PRIZES INTO THE HOUSING TRUST FUND; DEPOSITING THE PROCEEDS FROM THE SALE OF UNCLAIMED PROPERTY INTO THE HOUSING TRUST FUND; AMENDING SECTIONS 7-4-2511, 7-4-2631, 23-7-311, AND 70-9-813, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING EFFECTIVE DATES."

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

NEW SECTION. Section 1. Legislative declaration. (1) The legislature finds that current economic conditions, federal housing policies, and declining resources at the federal, state, and local levels adversely affect the ability of low-income and moderate-income persons to obtain safe, decent, and affordable housing.

(2) The legislature further finds that the state will lose substantial sums allocated to it by the federal government for affordable housing for low-income and moderate-income households unless matching funds are provided.

(3) The legislature declares that it is in the public interest to establish a continuously renewable resource known as a housing trust fund to assist low-income and moderate-income persons in meeting their basic housing needs.

NEW SECTION. Section 2. Definitions. As used in [sections 1 through 8], the following definitions apply:

(1) "Advisory council" means the housing trust fund advisory council created in [section 6].

(2) "Low income" means households whose incomes do not exceed 80% of the median income for the area, as determined by the department of housing and urban development, with adjustments for smaller or larger families.

(3) "Moderate income" means households whose incomes are over 80% but not more than 95% of the median income for the area, as determined by the department of housing and urban development, with adjustments for smaller and larger families.

(4) "Trust fund account" means the housing trust fund account created in [section 3].

NEW SECTION. Section 3. Housing trust fund account -- administration. (1) There is a housing trust fund account in the state special revenue fund provided for in 17-2-102. The money in the trust fund account is allocated to the board for the purpose of increasing the supply of decent affordable housing for low-income and moderate-income residents of the state.

(2) Funds deposited in the trust fund account must be used for the housing program authorized in [section 5] and may not be used to pay the expenses of any other program or service administered by the board.

(3) The board may accept contributions, gifts, and grants for deposit into the trust fund account. The money must be used in accordance with the provisions of [section 5].

(4) The costs incurred by the board in administering the housing program must be paid from the trust fund account. The board shall keep costs to a minimum.

NEW SECTION. Section 4. Interest on tax anticipation notes. Any interest earned on tax anticipation notes issued pursuant to Title 17, chapter 1, part 2, above that required to pay the cost of issuance must be deposited in the trust fund account.

NEW SECTION. Section 5. Housing program -- eligible applicants. (1) The board shall, in consultation with the advisory council, use money from the trust fund account to provide loans or other forms of financial assistance to eligible applicants for:

(a) matching funds for public or private money available from other sources for the development of low-income and moderate-income housing;

(b) financing necessary to make a low-income or moderate-income housing project financially feasible; or

(c) acquisition of existing housing for the purpose of preservation of or conversion to low-income or moderate-income housing.

(2) Money from the trust fund account may not be used to replace existing or available sources of funding for eligible activities.

NEW SECTION. Section 6. Housing trust fund advisory council. (1) There is a housing trust fund advisory council composed of seven members appointed by the governor. Four members must be experienced in housing or finance. Three members shall represent low-income advocacy groups and nonprofit housing developers.

(2) The council must be gender-balanced and proportionally representative of minorities in Montana.

(3) The advisory council shall advise the board on policies relating to the administration of the housing program. The advisory council shall:

(a) establish priorities for the uses of the trust fund account;

(b) review an annual report of trust fund account activities provided by the board;

(c) review proposed rules and offer recommendations to the board; and

(d) ensure that the trust fund account is being used to address critical housing needs in the state.

(4) The advisory council shall make an annual report of its activities to the board.

(5) The provisions of 2-15-122(1) through (8) apply to the advisory council and its members.

NEW SECTION. Section 7. Coordination with other programs. The board shall ensure that all housing assistance programs supported through the trust fund account are coordinated with other housing assistance programs administered by the board, the federal government, state agencies, tribal governments, local public housing authorities, and local governments.

NEW SECTION. Section 8. Rulemaking. The board shall adopt rules to implement [sections 1 through 8]. The rules must include:

(1) the development of eligibility criteria for applicants;

(2) the development of an application process for requesting financial assistance;

(3) the establishment of a procedure for disbursing financial assistance;

(4) the establishment of the terms and conditions of a loan or other form of financial assistance; and

(5) other matters necessary for the administration of [sections 1 through 8].

Section 9. Section 7-4-2511, MCA, is amended to read:

"7-4-2511. Collection and disposal of fees. (1) Subject to subsection (3), each salaried county officer shall charge and collect for the use of the county and pay into the county treasury by the 10th day in each month all fees allowed by law, paid or chargeable in all cases, except as provided in 25-10-403. This subsection does not apply to the compensation received by the sheriff as mileage while in the performance of official duties or for the board of prisoners or other persons while in the sheriff's custody.

(2) A salaried county officer may not receive for the officer's own use any fees, penalties, or emoluments of any kind, except the salary as provided by law, for any official service rendered by the officer. Unless otherwise provided, all fees, penalties, and emoluments of every kind collected by a salaried county officer are for the sole use of the county and must be accounted for and paid to the county treasurer as provided by subsection (1) and credited to the general fund of the county.

(3) The county treasurer shall remit $1 of each fee received under 7-4-2631(1)(a), (1)(b)(i), (1)(c), (1)(d), (1)(e), (1)(f)(ii), (1)(k), (1)(l), and (1)(m) to the state treasurer for deposit in the housing trust fund account provided for in [section 3]."

Section 10. Section 7-4-2631, MCA, is amended to read:

"7-4-2631. Fees of county clerk. (1) Except as provided in 7-4-2632, the county clerks shall charge, for the use of their respective counties:

(a) for recording and indexing each certificate of location of a quartz or placer mining claim or millsite claim, including a certificate that the instrument has been recorded with seal affixed, $7;

(b) for recording and indexing each affidavit of annual labor on a mining claim, including certificate that the instrument has been recorded with seal affixed:

(i) for the first mining claim in the affidavit, $4; and

(ii) for each additional mining claim included in it, 50 cents;

(c) for filing and indexing each writ of attachment, execution, certificate of sale, lien, or other instrument required by law to be filed and indexed, $6;

(d) for filing each subdivision or townsite plat, $6 plus:

(i) for each lot up to and including 100, 50 cents;

(ii) for each additional lot in excess of 100, 25 cents;

(e) for filing each certificate of survey or an amendment, $6 plus 50 cents per tract or lot;

(f) for a copy of a record or paper:

(i) for the first page of any document, 50 cents, and 25 cents for each subsequent page; and

(ii) for each certification with seal affixed, $3;

(g) for searching an index record of files of the office for each year when required in abstracting or otherwise, 50 cents;

(h) for administering an oath with certificate and seal, no charge;

(i) for taking and certifying an acknowledgment, with seal affixed, for signature to it, no charge;

(j) for filing, indexing, or other services provided for by 30-9-401 through 30-9-407, the fees prescribed under those sections;

(k) for recording each stock subscription or contract, stock certificate, or articles of incorporation for a water users' association, $4;

(l) for filing a copy of notarial commission and issuing a certificate of official character of the notary public, $3;

(m) for each certified copy of a birth certificate, $6, and for each certified copy of a death certificate, $4;

(n) for filing, recording, or indexing any other instrument not expressly provided for in this section or 7-4-2632, the same fee provided in this section or 7-4-2632 for a similar service.

(2) State agencies submitting documents to be put of record shall pay the fees provided for in this section. If a state agency or political subdivision has requested an account with the county clerk, any applicable fees must be paid on a periodic basis."

Section 11. Section 23-7-311, MCA, is amended to read:

"23-7-311. Drawings for and payment of prizes -- unclaimed prizes. (1) All drawings must be held in public. The selection of winning tickets may not be performed by an employee of the lottery or by a member of the commission. All drawings must be witnessed by a professional staff employee of the legislative auditor's office, and all lottery drawing equipment used in public drawings to select winning prizes or participants for prizes must be examined by the director's staff and a professional staff employee of the legislative auditor's office prior to and after each public drawing.

(2) The commission may by rule provide for the payment of prizes by ticket or chance sales agents, whether or not the paying agent sold the winning ticket or chance, whenever the amount of the prize is less than an amount set by commission rule. Payment may not be made directly by a machine or device or by a computer terminal.

(3) (a) Except as provided in subsection (3)(b), prizes over $100,000 may in the discretion of the commission be paid either in one lump sum or in equal yearly installments without interest over a period of not more than 20 years and in yearly installment payments of not less than $20,000.

(b) If the commission enters into an agreement under the provisions of 23-7-202(8) to participate in a game for prizes of over $100,000 that requires payment periods of more than 20 years or yearly installment payments of less than $20,000 as a condition of participation, the commission may adopt the installment payment amounts and time periods necessary to comply with the conditions of the game.

(4) Prizes not claimed within 6 months are forfeited and must be paid into the housing trust fund account provided for in [section 3]. Interest is not due on a prize when a claim is delayed but made within 6 months.

(5) The right to a prize is not assignable, but prizes may be paid to a deceased winner's estate or to a person designated by judicial order."

Section 12. Section 70-9-813, MCA, is amended to read:

"70-9-813. Deposit of funds. (1) Except as otherwise provided by this section, the administrator shall promptly deposit in the housing trust fund account provided for in [section 3] all funds received under this part, including the proceeds from the sale of abandoned property under 70-9-812. The administrator shall retain in a separate trust fund at least $100,000 from which the administrator shall pay claims allowed. The administrator shall record the name and last-known address of each person appearing from the holders' reports to be entitled to the property and the name and last-known address of each insured person or annuitant and beneficiary and, with respect to each policy or annuity listed in the report of an insurance company, its number, the name of the company, and the amount due.

(2) Before making a deposit to the credit of the housing trust fund account, the administrator may deduct:

(a) expenses of sale of abandoned property;

(b) costs of mailing and publication in connection with abandoned property;

(c) reasonable service charges; and

(d) expenses incurred in examining records of holders of property and in collecting the property from those holders."

NEW SECTION. Section 13. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa.

NEW SECTION. Section 14. Codification instruction. (1) [Sections 1 through 5, 7, and 8] are intended to be codified as an integral part of Title 90, chapter 6, part 1, and the provisions of Title 90, chapter 6, part 1, apply to [sections 1 through 5, 7, and 8].

(2) [Section 6] is intended to be codified as an integral part of Title 2, chapter 15, part 18, and the provisions of Title 2, chapter 15, part 18, apply to [section 6].

NEW SECTION. Section 15. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on July 1, 1999.

(2) [Sections 9 and 10] are effective upon the occurrence of the contingency provided for in [section 16(1)].

NEW SECTION. Section 16. Contingent voidness. (1) If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then [sections 9 and 10] are effective on the date of the determination of invalidity.

(2) If [LC 779, LC 1488, LC 1489, LC 1490, LC 1491, LC 1492, LC 1493, LC 1494, LC 1495, and LC 1496] are submitted to and if at least one is not approved by the electorate, then [sections 9 and 10] are void.

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