1999 Montana Legislature

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HOUSE BILL NO. 432

INTRODUCED BY C. TUSS



A BILL FOR AN ACT ENTITLED: "AN ACT IMPOSING A FEE ON DIGITAL SIGNATURE CERTIFICATION AUTHORITIES; SUBMITTING THE FEE TO THE ELECTORATE; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN EFFECTIVE DATE."



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



     NEW SECTION.  Section 1.  Secretary of state to register certification authorities and repositories -- penalty -- fee. (1) A person may not act as a certification authority or repository without registering with the secretary of state and meeting all the requirements of a business in good standing under Title 35.

     (2) A person who acts as a certification authority or repository without being registered with the secretary of state as required by this section and rules adopted pursuant to this section is guilty of a misdemeanor and shall be punished as provided by law.

     (3) In addition to the filing fee under Title 35, the secretary of state shall charge and collect from each certification authority a license fee of $300 annually.



     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 A NEW TAX, DESCRIBED AS FOLLOWS, BE IMPOSED?

     [] FOR imposing a $300 license fee on certification authorities for the purpose of providing security for digital signatures.

     [] AGAINST imposing a $300 license fee on certification authorities for the purpose of providing security for digital signatures.



     NEW SECTION.  Section 3.  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 4.  Coordination instruction. If House Bill No. 188, and this act are both passed and approved and if this act is approved by the electorate at the tax election held in 1999, then section 9 of House Bill No. 188 must read as follows:

     "NEW SECTION.  Section 9.  Secretary of state to register certification authorities and repositories -- penalty -- fee. (1) A person may not act as a certification authority or repository without registering with the secretary of state and meeting all the requirements of a business in good standing under Title 35.

     (2) A person who acts as a certification authority or repository without being registered with the secretary of state as required by this section and rules adopted pursuant to this section is guilty of a misdemeanor and shall be punished as provided by law.

     (3) In addition to the filing fee under Title 35, the secretary of state shall charge and collect from each certification authority a license fee of $300 annually."



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

- END -




Latest Version of HB 432 (HB0432.01)
Processed for the Web on January 29, 1999 (5:11PM)

New language in a bill appears underlined, deleted material appears stricken.

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