HOUSE BILL NO. 78
INTRODUCED BY BRAINARD M
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE PROCEEDS OF STATE STIPULATIONS, AGREED SETTLEMENTS, CONSENT ORDERS, OR DEFAULTS TO BE DEPOSITED IN THE STATE GENERAL FUND; AMENDING SECTIONS 2-4-603 AND 18-1-413, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-4-603, MCA, is amended to read:
"2-4-603. Informal disposition and hearings -- waiver of administrative proceedings. (1) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. Unless otherwise provided by law, if a stipulation, agreed settlement, consent order, or default results in a payment to an agency or the state, the payment must be deposited in the state general fund.
(2) Except as otherwise provided, parties to a contested case may jointly waive in writing a formal proceeding under this part. The parties may then utilize informal proceedings under 2-4-604. Parties to contested case proceedings held under Title 37 or under any other provision relating to licensure to pursue a profession or occupation may not waive formal proceedings.
(3) If a contested case does not involve a disputed issue of material fact, parties may jointly stipulate in writing to waive
contested case proceedings and may directly petition the district court for judicial review pursuant to 2-4-702. The petition
shall must contain an agreed statement of facts and a statement of the legal issues or contentions of the parties upon which
the court, together with the additions it may consider necessary to fully present the issues, may make its decision."
Section 2. Section 18-1-413, MCA, is amended to read:
"18-1-413. Litigation -- compromise. The attorney general shall have has full charge of such litigation under this part
on behalf of the state of Montana. He The attorney general is authorized to arbitrate, compromise, or settle any claim
cognizable under this part after the institution of any suit thereon under this part, with the approval of the court in which said
the suit is pending. The provisions of 2-4-603(1) apply to any arbitration, compromise, or settlement made pursuant to this
section."
NEW SECTION. Section 3. Deposit of certain proceeds. Unless otherwise provided by law, if a state agency or the state enters into a stipulation, agreed settlement, consent order, or default that results in a payment to a state agency or the state, the payment must be deposited in the state general fund.
NEW SECTION. Section 4. Codification instruction. [Section 3] is intended to be codified as an integral part of Title 17, chapter 6, part 1, and the provisions of Title 17, chapter 6, part 1, apply to [section 3].
NEW SECTION. Section 5. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 6. Applicability. [This act] applies to arbitrations, compromises, or settlements entered into on or after [the effective date of this act].
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Latest Version of HB 78 (HB0078.01)
Processed for the Web on December 11, 1998 (8:59AM)
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Status of this Bill
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