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- 0 7 HP LJ 5P RM 32 LPT2 x x P 7 P SB0301 CL1881 LC0484 : Ы x x P 7P0 EC A Z U n i v e r s 2 3| x g N \ 56th Legislature` T$E SB0301.04 g z N STATE INTERNET/BBS COPY * `"T$H SB 301 z
$ SENATE BILL NO. 301
INTRODUCED BY T. KEATING
A BILL FOR AN ACT ENTITLED: "AN ACT ELIMINATING THE STATUTORY APPROPRIATION OF INTEREST
FROM THE RENEWABLE RESOURCE GRANT AND LOAN PROGRAM STATE SPECIAL REVENUE ACCOUNT
TO MONTANA STATE UNIVERSITY-NORTHERN; ALLOWING MONTANA STATE UNIVERSITY-NORTHERN
TO USE THE APPROPRIATION TO ESTABLISH A TRUST FUND PRIOR TO TERMINATION; AMENDING
SECTIONS 15-38-202 AND 17-7-502, MCA; AND PROVIDING
A DELAYED
EFFECTIVE
DATE
DATES AND
A TERMINATION DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1.ĠSection 15-38-202 , MCA, is amended to read:
"15-38-202.
٠(Temporary)
Investment of resource indemnity trust fund -- expenditure -- minimum
balance. (1) All money paid into the resource indemnity trust fund, including money payable into the fund
under the provisions of 15-36-324 and 15-37-117, must be invested at the discretion of the board of
investments. Only the net earnings may be appropriated and expended until the fund reaches $100 million.
Thereafter, all net earnings and all receipts may be appropriated by the legislature and expended, provided
that the balance in the fund may never be less than $100 million.
(2)(a)At the beginning of each fiscal year, there is allocated from the interest income of the
resource indemnity trust fund:
(i)$240,000, which is statutorily appropriated, as provided in 17-7-502,
from the renewable
resource grant and loan program state special revenue account
to be deposited into the renewable resource
grant and loan program state special revenue account to support the operations of the environmental
science-water quality instructional programs at Montana state university-northern, to be used for support
costs, for matching funds necessary to attract additional funds to further expand statewide impact, and
for enhancement of the facilities related to the programs
;
. Any amount of the appropriation in this
subsection (2)(a)(i) that is not pledged to repay bonds issued prior to January 1, 1999, may be deposited
in a nonexpendable trust account, the income from which may be used for the purposes provided in this
subsection.
(ii)$1 million to be deposited into the renewable resource grant and loan program state specialrevenue account, created by 85-1-604, for the purpose of making grants; and
(iii)$1.5 million to be deposited into the reclamation and development grants special revenue
account, created by 90-2-1104, for the purpose of making grants.
(b)At the beginning of each biennium, there is allocated from the interest income of the resource
indemnity trust fund:
(i)an amount not to exceed $175,000 to the environmental contingency account pursuant to the
conditions of 75-1-1101;
(ii)an amount not to exceed $50,000 to the oil and gas production damage mitigation account
pursuant to the conditions of 82-11-161; and
(iii)$500,000 to be deposited into the water storage state special revenue account created by
85-1-631.
(c)The remainder of the interest income is allocated as follows:
(i)Thirty-six percent of the interest income of the resource indemnity trust fund must be allocated
to the renewable resource grant and loan program state special revenue account created by 85-1-604.
(ii)Eighteen percent of the interest income of the resource indemnity trust fund must be allocated
to the hazardous waste/CERCLA special revenue account provided for in 75-10-621.
(iii)Forty percent of the interest income from the resource indemnity trust fund must be allocated
to the reclamation and development grants account provided for in 90-2-1104.
(iv)Six percent of the interest income of the resource indemnity trust fund must be allocated to
the environmental quality protection fund provided for in 75-10-704.
(3)Any formal budget document prepared by the legislature or the executive branch that proposes
to appropriate funds other than as provided for by the allocations in subsection (2) must specify the
amount of money from each allocation that is proposed to be diverted and the proposed use of the diverted
funds. A formal budget document includes a printed and publicly distributed budget proposal or
recommendation, an introduced bill, or a bill developed during the legislative appropriation process or
otherwise during a legislative session.
15-38-202.
٠(Effective July 1, 1999)
Investment of resource indemnity trust fund -- expenditure
-- minimum balance. (1) All money paid into the resource indemnity trust fund, including money payable
into the fund under the provisions of 15-36-324 and 15-37-117, must be invested at the discretion of the
board of investments. Only the net earnings may be appropriated and expended until the fund reaches
$100 million. Thereafter, all net earnings and all receipts may be appropriated by the legislature andexpended, provided that the balance in the fund may never be less than $100 million.
(2)(a)At the beginning of each fiscal year, there is allocated from the interest income of the
resource indemnity trust fund:
(i)$240,000, which is statutorily appropriated, as provided in 17-7-502,
from the renewable
resource grant and loan program state special revenue account
to be deposited into the renewable resource
grant and loan program state special revenue account to support the operations of the environmental
science-water quality instructional programs at Montana state university-northern, to be used for support
costs, for matching funds necessary to attract additional funds to further expand statewide impact, and
for enhancement of the facilities related to the programs
;
. Any amount of the appropriation in this
subsection (2)(a)(i) that is not pledged to repay bonds issued prior to January 1, 1999, may be deposited
in a nonexpendable trust account, the income from which may be used for the purposes provided in this
subsection.
(ii)$1 million to be deposited into the renewable resource grant and loan program state special
revenue account, created by 85-1-604, for the purpose of making grants; and
(iii)$1.5 million to be deposited into the reclamation and development grants special revenue
account, created by 90-2-1104, for the purpose of making grants.
(b)At the beginning of each biennium, there is allocated from the interest income of the resource
indemnity trust fund:
(i)an amount not to exceed $175,000 to the environmental contingency account pursuant to the
conditions of 75-1-1101;
(ii)an amount not to exceed $50,000 to the oil and gas production damage mitigation account
pursuant to the conditions of 82-11-161; and
(iii)$500,000 to be deposited into the water storage state special revenue account created by
85-1-631.
(c)At the beginning of each fiscal year, there is allocated from the interest income of the resource
indemnity trust fund up to $200,000 to be deposited in the orphan share account established in
75-10-743.
(d)The remainder of the interest income is allocated as follows:
(i)Thirty-six percent of the interest income of the resource indemnity trust fund must be allocated
to the renewable resource grant and loan program state special revenue account created by 85-1-604.
(ii)Eighteen percent of the interest income of the resource indemnity trust fund must be allocatedto the hazardous waste/CERCLA special revenue account provided for in 75-10-621.
(iii)Forty percent of the interest income from the resource indemnity trust fund must be allocated
to the reclamation and development grants account provided for in 90-2-1104.
(iv)Six percent of the interest income of the resource indemnity trust fund must be allocated to
the environmental quality protection fund provided for in 75-10-704.
(3)Any formal budget document prepared by the legislature or the executive branch that proposes
to appropriate funds other than as provided for by the allocations in subsection (2) must specify the
amount of money from each allocation that is proposed to be diverted and the proposed use of the diverted
funds. A formal budget document includes a printed and publicly distributed budget proposal or
recommendation, an introduced bill, or a bill developed during the legislative appropriation process or
otherwise during a legislative session."
Section 2.ĠSection 15-38-202 , MCA, is amended to read:
"15-38-202.
٠(Temporary)
Investment of resource indemnity trust fund -- expenditure -- minimum
balance. (1) All money paid into the resource indemnity trust fund, including money payable into the fund
under the provisions of 15-36-324 and 15-37-117, must be invested at the discretion of the board of
investments. Only the net earnings may be appropriated and expended until the fund reaches $100 million.
Thereafter, all net earnings and all receipts may be appropriated by the legislature and expended, provided
that the balance in the fund may never be less than $100 million.
(2)(a)At the beginning of each fiscal year, there is allocated from the interest income of the
resource indemnity trust fund:
(i)$240,000, which is statutorily appropriated, as provided in 17-7-502, from the renewable
resource grant and loan program state special revenue account to support the operations of the
environmental science-water quality instructional programs at Montana state university-northern, to be
used for support costs, for matching funds necessary to attract additional funds to further expand
statewide impact, and for enhancement of the facilities related to the programs;
(ii)
(i)Ġ$1 million to be deposited into the renewable resource grant and loan program state special
revenue account, created by 85-1-604, for the purpose of making grants; and
(iii)
(ii)Ġ$1.5 million to be deposited into the reclamation and development grants special revenue
account, created by 90-2-1104, for the purpose of making grants.
(b)At the beginning of each biennium, there is allocated from the interest income of the resourceindemnity trust fund:
(i)an amount not to exceed $175,000 to the environmental contingency account pursuant to the
conditions of 75-1-1101;
(ii)an amount not to exceed $50,000 to the oil and gas production damage mitigation account
pursuant to the conditions of 82-11-161; and
(iii)$500,000 to be deposited into the water storage state special revenue account created by
85-1-631.
(c)The remainder of the interest income is allocated as follows:
(i)Thirty-six percent of the interest income of the resource indemnity trust fund must be allocated
to the renewable resource grant and loan program state special revenue account created by 85-1-604.
(ii)Eighteen percent of the interest income of the resource indemnity trust fund must be allocated
to the hazardous waste/CERCLA special revenue account provided for in 75-10-621.
(iii)Forty percent of the interest income from the resource indemnity trust fund must be allocated
to the reclamation and development grants account provided for in 90-2-1104.
(iv)Six percent of the interest income of the resource indemnity trust fund must be allocated to
the environmental quality protection fund provided for in 75-10-704.
(3)Any formal budget document prepared by the legislature or the executive branch that proposes
to appropriate funds other than as provided for by the allocations in subsection (2) must specify the
amount of money from each allocation that is proposed to be diverted and the proposed use of the diverted
funds. A formal budget document includes a printed and publicly distributed budget proposal or
recommendation, an introduced bill, or a bill developed during the legislative appropriation process or
otherwise during a legislative session.
15-38-202.
٠(Effective July 1, 1999)
Investment of resource indemnity trust fund -- expenditure
-- minimum balance. (1) All money paid into the resource indemnity trust fund, including money payable
into the fund under the provisions of 15-36-324 and 15-37-117, must be invested at the discretion of the
board of investments. Only the net earnings may be appropriated and expended until the fund reaches
$100 million. Thereafter, all net earnings and all receipts may be appropriated by the legislature and
expended, provided that the balance in the fund may never be less than $100 million.
(2)(a)At the beginning of each fiscal year, there is allocated from the interest income of the
resource indemnity trust fund:
(i)$240,000, which is statutorily appropriated, as provided in 17-7-502, from the renewableresource grant and loan program state special revenue account to support the operations of the
environmental science-water quality instructional programs at Montana state university-northern, to be
used for support costs, for matching funds necessary to attract additional funds to further expand
statewide impact, and for enhancement of the facilities related to the programs;
(ii)
(i)Ġ$1 million to be deposited into the renewable resource grant and loan program state special
revenue account, created by 85-1-604, for the purpose of making grants; and
(iii)
(ii)Ġ$1.5 million to be deposited into the reclamation and development grants special revenue
account, created by 90-2-1104, for the purpose of making grants.
(b)At the beginning of each biennium, there is allocated from the interest income of the resource
indemnity trust fund:
(i)an amount not to exceed $175,000 to the environmental contingency account pursuant to the
conditions of 75-1-1101;
(ii)an amount not to exceed $50,000 to the oil and gas production damage mitigation account
pursuant to the conditions of 82-11-161; and
(iii)$500,000 to be deposited into the water storage state special revenue account created by
85-1-631.
(c)At the beginning of each fiscal year, there is allocated from the interest income of the resource
indemnity trust fund up to $200,000 to be deposited in the orphan share account established in
75-10-743.
(d)The remainder of the interest income is allocated as follows:
(i)Thirty-six percent of the interest income of the resource indemnity trust fund must be allocated
to the renewable resource grant and loan program state special revenue account created by 85-1-604.
(ii)Eighteen percent of the interest income of the resource indemnity trust fund must be allocated
to the hazardous waste/CERCLA special revenue account provided for in 75-10-621.
(iii)Forty percent of the interest income from the resource indemnity trust fund must be allocated
to the reclamation and development grants account provided for in 90-2-1104.
(iv)Six percent of the interest income of the resource indemnity trust fund must be allocated to
the environmental quality protection fund provided for in 75-10-704.
(3)Any formal budget document prepared by the legislature or the executive branch that proposes
to appropriate funds other than as provided for by the allocations in subsection (2) must specify the
amount of money from each allocation that is proposed to be diverted and the proposed use of the divertedfunds. A formal budget document includes a printed and publicly distributed budget proposal or
recommendation, an introduced bill, or a bill developed during the legislative appropriation process or
otherwise during a legislative session."
Section 3.ĠSection 17-7-502 , MCA, is amended to read:
"17-7-502.
٠(Temporary)
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; 15-30-195;
15-31-702; 15-36-324; 15-36-325; 15-37-117;
15-38-202;
15-65-121; 15-70-101; 16-1-404;
16-1-406; 16-1-411; 16-11-308; 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; 20-8-107;
20-8-111; 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; 39-71-907; 39-71-2321; 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; 77-1-131; 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-161; 85-20-402; 87-1-513;
90-3-301; 90-4-215; 90-6-331; 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 sec. 7(2), Ch. 29, L. 1995, the inclusion of 15-30-195 terminates July1, 2001; pursuant to sec. 5, Ch. 461, L. 1997, the inclusion of 77-1-131 terminates October 1, 2003;
and pursuant to secs. 13, 16(1), Ch. 549, L. 1997, the inclusion of 90-3-301 terminates July 1, 1999.)
17-7-502.
٠(Effective July 1, 2008)
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; 15-23-706; 15-30-195; 15-31-702;
15-36-324; 15-36-325; 15-37-117;
15-38-202;
15-65-121; 15-70-101; 16-1-404; [16-1-406;]
16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-3-222; 17-5-404; 17-5-804; 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; 19-19-205; 19-19-305;
19-19-506; 20-8-107; 20-9-361; 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; 32-1-537; 37-43-204; 37-51-501; 39-71-503; 39-71-907;
39-71-2321; 42-2-105; 44-12-206; 44-13-102; 50-4-623; 50-5-232; 50-40-206; 53-6-150; 53-6-703;
53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-5-1108; 75-6-214; 75-11-313;
77-1-505; 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-136; 82-11-161; 85-1-220; 85-20-402;
87-1-513; 90-4-215; 90-6-331; 90-7-220; 90-7-221; 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; and pursuant to sec. 68(2), Ch. 422, L. 1997, this version becomes effective July
1, 2008.)"
NEW SECTION.ĠSection 4.Effective
date
dates.
[This act] is
(1) [Section 1 and this section] are
effective July 1,
2000
1999.
(2) [Sections 2 and 3] are effective July 1, 2014.
NEW SECTION.Section 5.Termination. [Section 1] terminates June 30, 2014.
h) END