Montana SB 256

1999 Montana Legislature

SENATE BILL NO. 256

INTRODUCED BY L. GROSFIELD

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE LAWS AUTHORIZING GOVERNMENTAL ENTITIES TO CHARGE FEES; REVISING STATUTES CONTAINING DELEGATIONS TO AGENCIES TO ESTABLISH FEES; AMENDING SECTIONS 1-5-408, 2-4-312, 2-4-313, 2-6-102, 2-6-103, 2-6-109, 2-6-110, 2-7-514, 2-9-506, 2-15-401, 2-15-403, 3-5-515, 5-11-212, 7-1-4123, 7-1-4144, 7-1-4147, 7-4-2821, 7-6-2131, 7-12-2101, 7-12-2151, 7-12-2161, 7-12-2202, 7-12-4101, 7-12-4133, 7-12-4162, 7-12-4170, 7-12-4175, 7-12-4179, 7-12-4321, 7-12-4323, 7-12-4324, 7-12-4327, 7-12-4328, 7-12-4332, 7-12-4333, 7-12-4422, 7-12-4606, 7-12-4611, 7-13-121, 7-13-141, 7-13-204, 7-13-216, 7-13-231, 7-13-232, 7-13-233, 7-13-2275, 7-13-2301, 7-13-3017, 7-13-3026, 7-13-3027, 7-13-4205, 7-13-4307, 7-13-4308, 7-13-4513, 7-13-4518, 7-13-4521, 7-13-4523, 7-14-1635, 7-14-2702, 7-14-2705, 7-14-2731, 7-14-2907, 7-14-4110, 7-21-2103, 7-21-3407, 7-21-4101, 7-32-2141, 7-33-2401, 7-33-2404, 7-34-103, 13-2-115, 13-27-208, 15-1-708, 15-18-211, 15-62-201, 16-1-303, 16-4-503, 19-2-403, 19-2-907, 19-20-305, 20-4-109, 20-4-111, 20-7-513, 20-8-102, 20-9-214, 20-26-1121, 20-31-402, 22-3-804, 23-1-105, 23-2-408, 23-3-501, 23-4-104, 23-4-201, 23-5-128, 23-5-152, 23-5-177, 23-5-424, 23-5-425, 23-5-513, 23-5-625, 23-5-631, 23-6-104, 25-1-1104, 27-6-206, 27-6-307, 27-12-206, 30-9-403, 30-9-407, 30-10-209, 30-10-210, 30-10-907, 30-11-516, 30-12-202, 30-12-212, 30-13-217, 30-13-320, 32-1-213, 32-1-215, 32-1-302, 32-2-110, 32-3-201, 32-5-403, 32-7-108, 32-7-110, 32-8-205, 32-8-302, 32-8-304, 33-2-708, 33-17-1204, 33-17-1205, 33-20-1315, 35-1-1206, 35-1-1307, 35-2-1003, 35-2-1107, 35-4-209, 35-8-208, 35-8-211, 35-10-111, 35-12-521, 37-1-134, 37-3-203, 37-3-308, 37-3-313, 37-4-301, 37-4-303, 37-4-307, 37-4-402, 37-4-403, 37-4-406, 37-5-302, 37-5-307, 37-6-303, 37-6-304, 37-7-201, 37-7-302, 37-7-303, 37-7-309, 37-7-321, 37-7-604, 37-8-202, 37-8-418, 37-8-431, 37-9-304, 37-10-302, 37-10-307, 37-11-304, 37-11-307, 37-11-308, 37-11-309, 37-12-201, 37-12-302, 37-12-305, 37-12-307, 37-12-323, 37-13-302, 37-13-304, 37-13-306, 37-14-303, 37-14-305, 37-14-306, 37-14-309, 37-14-310, 37-15-304, 37-15-307, 37-15-308, 37-16-402, 37-16-405, 37-16-407, 37-17-306, 37-17-307, 37-18-302, 37-18-303, 37-18-307, 37-19-301, 37-19-303, 37-19-304, 37-19-306, 37-19-401, 37-19-402, 37-19-403, 37-19-702, 37-19-703, 37-19-808, 37-19-814, 37-19-815, 37-19-816, 37-20-302, 37-22-302, 37-22-304, 37-23-205, 37-23-206, 37-24-310, 37-25-302, 37-25-307, 37-26-201, 37-27-105, 37-27-203, 37-27-210, 37-28-202, 37-28-203, 37-29-304, 37-30-307, 37-30-310, 37-30-402, 37-30-403, 37-30-404, 37-30-405, 37-30-423, 37-31-304, 37-31-312, 37-31-322, 37-31-323, 37-32-306, 37-34-201, 37-34-305, 37-35-103, 37-35-202, 37-35-203, 37-40-304, 37-42-304, 37-42-308, 37-43-202, 37-43-303, 37-43-307, 37-47-306, 37-50-204, 37-50-317, 37-51-207, 37-51-310, 37-54-105, 37-54-110, 37-54-210, 37-54-211, 37-54-302, 37-54-311, 37-60-202, 37-60-304, 37-60-312, 37-65-304, 37-65-306, 37-66-202, 37-66-307, 37-67-303, 37-67-311, 37-67-315, 37-67-318, 37-67-321, 37-68-304, 37-68-307, 37-68-310, 37-68-311, 37-68-312, 37-68-313, 37-69-307, 37-69-401, 37-72-202, 37-72-301, 37-72-303, 37-72-306, 39-7-306, 39-9-206, 39-9-303, 39-71-205, 39-71-223, 39-71-1105, 39-71-2315, 40-5-210, 40-5-261, 40-5-712, 42-2-105, 42-2-218, 50-2-116, 50-4-623, 50-5-227, 50-15-111, 50-32-103, 50-37-104, 50-60-104, 50-60-106, 50-60-507, 50-60-508, 50-60-604, 50-74-309, 50-76-104, 50-79-501, 50-79-502, 52-2-735, 52-4-204, 53-2-205, 53-6-131, 53-6-703, 53-20-307, 53-24-208, 60-5-510, 61-3-708, 61-3-710, 61-8-907, 67-10-202, 67-10-302, 67-11-211, 67-11-222, 69-1-114, 69-3-204, 69-12-311, 69-12-312, 69-12-313, 69-12-421, 69-12-423, 69-14-313, 71-3-125, 71-3-206, 75-1-202, 75-1-203, 75-2-111, 75-2-112, 75-2-220, 75-2-503, 75-5-516, 75-5-702, 75-6-108, 75-6-116, 75-7-210, 75-10-107, 75-10-113, 75-10-115, 75-10-118, 75-10-204, 75-10-221, 75-10-405, 75-10-412, 75-10-432, 75-10-906, 75-10-921, 75-10-1006, 75-11-204, 75-11-505, 75-15-122, 76-2-108, 76-2-207, 76-4-105, 76-4-135, 76-5-1113, 76-5-1114, 76-5-1115, 76-5-1116, 76-13-414, 76-15-501, 76-16-106, 76-16-320, 77-1-302, 80-3-314, 80-3-315, 80-4-503, 80-4-602, 80-4-706, 80-4-721, 80-5-202, 80-6-202, 80-6-1105, 80-6-1108, 80-6-1109, 80-6-1111, 80-6-1112, 80-7-106, 80-7-702, 80-7-905, 80-7-906, 80-7-907, 80-7-909, 80-8-105, 80-8-109, 80-8-111, 80-8-205, 80-9-206, 80-10-207, 80-11-307, 80-11-412, 80-15-106, 81-1-102, 81-2-102, 81-2-502, 81-3-107, 81-3-205, 81-3-210, 81-3-211, 81-3-214, 81-4-605, 81-5-112, 81-7-303, 81-7-305, 81-7-504, 81-7-603, 81-7-605, 81-8-256, 81-8-264, 81-8-276, 81-8-304, 81-9-113, 81-9-201, 81-9-301, 81-9-411, 81-20-201, 81-21-102, 81-22-102, 81-22-204, 81-22-205, 81-22-208, 81-23-105, 81-23-202, 82-4-335, 82-11-118, 82-11-137, 82-15-105, 82-15-108, 85-2-113, 85-2-426, 85-7-306, 85-7-1952, 85-15-110, 87-1-232, 87-2-104, 87-2-807, 87-4-610, 87-4-905, 87-4-1004, 87-5-204, 87-5-210, 87-5-401, 90-8-106, 90-8-313, AND 90-15-304, MCA; REPEALING SECTION 75-1-204, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

Section 1. Section 1-5-408, MCA, is amended to read:

"1-5-408. Fees for filing commission and issuing certificates. The secretary of state shall ~~set by rule the fees~~ charge the fee in effect on November 3, 1998, for filing or issuing certificates. ~~The fees must be commensurate with costs.~~ The secretary of state shall use application forms soliciting the information required by this part. The county clerk of any county in this state ~~shall~~ must receive a fee, as provided in 7-4-2631, for filing a copy of the commission and certifying to the official character."

Section 2. Section 2-4-312, MCA, is amended to read:

"2-4-312. Publication and arrangement of register. (1) The secretary of state shall publish in the register all notices, rules, and interpretations filed with ~~him~~ the secretary of state at least once a month or as directed by the administrative code committee but not more often than twice a month.

(2) He The secretary of state shall send the register without charge to each person listed in 2-4-313(1) and to each member of the legislature requesting the ~~same~~ register. He The secretary of state shall send the register to any other person who pays a subscription fee ~~which he shall fix in accordance with 2-4-313(4)~~ in effect on November 3, 1998.

(3) (a) The register must contain three sections, a rules section, a notice section, and an interpretation section:.

~~(a)~~(b) The rules section of the register must contain all rules filed since the compilation and publication of the preceding issue of the register, together with the concise statement of reasons required under 2-4-305(1).

~~(b)~~(c) The notice section of the register must contain all rulemaking notices filed with the secretary of state pursuant to 2-4-302 since the compilation and publication of the preceding register.

~~(c)~~(d) The interpretation section of the register must contain all opinions of the attorney general and all declaratory rulings of agencies issued since the publication of the preceding register.

(4) Each issue of the register must contain the issue number and date of the register and a table of contents. Each page of the register must contain the issue number and date of the register of which it is a part. The secretary of state may include with the register information to help the user in relating the register to ARM."

Section 3. Section 2-4-313, MCA, is amended to read:

"2-4-313. Distribution, costs, and maintenance. (1) The secretary of state shall distribute copies of ARM and supplements or revisions to ARM to the following:

(a) attorney general, one copy;

(b) clerk of United States district court for the district of Montana, one copy;

(d) county commissioners or governing body of each county of this state, for use of county officials and the public, at least one but not more than two copies, which may be maintained in a public library in the county seat or in the county offices as the county commissioners or governing body of the county may determine;

(e) state law library, one copy;

(f) state historical society, one copy;

(g) each unit of the Montana university system, one copy;

(h) law library of the university of Montana-Missoula, one copy;

(i) legislative services division, two copies;

(j) library of congress, one copy;

(k) state library, one copy.

(2) The secretary of state, each county in the state, and the librarians for the state law library and the university of Montana-Missoula law library shall maintain a complete, current set of ARM, including supplements or revisions to ARM. The designated persons shall also maintain the register issues published during the preceding 2 years. The secretary of state shall maintain a permanent set of the registers.

(3) The secretary of state shall make copies of and subscriptions to ARM and supplements or revisions to ARM and the register available to any person at prices fixed in accordance with subsection (4) and in effect on November 3, 1998.

(4) The secretary of state, in consultation with the administrative code committee, shall determine the cost of supplying copies of ARM and supplements or revisions to ARM and the register to persons not listed in subsection (1). The cost must be the approximate cost of publication of the copies, including indexing, printing or duplicating, and mailing. However, a uniform price per page or group of pages may be established without regard to differences in cost of printing different parts of ARM and supplements or revisions to ARM and the register. Fees are not refundable.

(5) The secretary of state shall deposit all fees in a proprietary fund.

(6) The secretary of state may charge agencies a filing fee for all material to be published in ARM or the register. The secretary of state shall fix, in consultation with the administrative code committee, the fee to cover the costs of supplying copies of ARM and supplements or revisions to ARM and the register to the persons listed in subsection (1). The cost must be the approximate cost of publication of the copies, including indexing, printing or duplicating, and mailing. However, a uniform price per page or group of pages may be established without regard to differences in cost of printing different parts of ARM and supplements or revisions to ARM and the register."

Section 4. Section 2-6-102, MCA, is amended to read:

"2-6-102. Citizens entitled to inspect and copy public writings. (1) Every citizen has a right to inspect and take a copy of any public writings of this state, except as provided in 22-1-1103 or 22-3-807 and as otherwise expressly provided by statute.

(2) Every public officer having the custody of a public writing ~~which~~ that a citizen has a right to inspect is bound to give ~~him~~ to a citizen, on demand, a certified copy of it a public writing, on payment of the legal fees ~~therefor~~ for providing the certified copy in effect on November 3, 1998.~~, and such~~ A certified copy is admissible as evidence ~~in like cases and~~ with ~~like~~ the same effect as the original writing."

Section 5. Section 2-6-103, MCA, is amended to read:

"2-6-103. Filing and copying fees. (1) The secretary of state, for services performed in the office, shall charge and collect fees ~~commensurate with costs~~ in effect on November 3, 1998, for filing and copying services.

(2) A member of the legislature or state or county officer may not be charged for any search relative to matters appertaining to the duties of the member's office or for a certified copy of any law or resolution passed by the legislature relative to the member's official duties.

(3) The secretary of state may not charge a fee, other than the fees authorized in 2-6-110, for providing electronic information.

(4) Fees must be collected in advance and, when collected by the secretary of state, are not refundable and must be deposited into a proprietary fund."

Section 6. Section 2-6-109, MCA, is amended to read:

"2-6-109. Prohibition on distribution or sale of mailing lists -- exceptions -- penalty. (1) Except as provided in subsections (3) through (8), in order to protect the privacy of those who deal with state and local government:

(a) an agency may not distribute or sell for use as a mailing list any list of persons without first securing the permission of those on the list; and

(b) a list of persons prepared by the agency may not be used as a mailing list except by the agency or another agency without first securing the permission of those on the list.

(2) As used in this section, "agency" means any board, bureau, commission, department, division, authority, or officer of the state or a local government.

(3) Except as provided in 30-9-403, this section does not prevent an individual from compiling a mailing list by examination of original documents or applications that are otherwise open to public inspection.

(4) This section does not apply to the lists of registered electors and the new voter lists provided for in 13-2-115 and 13-38-103, to lists of the names of employees governed by Title 39, chapter 31, or to lists of persons holding driver's licenses provided for under 61-5-126.

(5) This section does not prevent an agency from providing a list to persons providing prelicensing or continuing educational courses subject to state law or subject to Title 33, chapter 17.

(6) This section does not apply to the right of access either by Montana law enforcement agencies or, by purchase or otherwise, of public records dealing with motor vehicle registration.

(7) This section does not apply to a corporate information list developed by the secretary of state containing the name, address, registered agent, officers, and directors of business, nonprofit, religious, professional, and close corporations authorized to do business in this state.

(8) This section does not apply to the use by the public employees' retirement board of a mailing list of board-administered retirement system participants to send materials on behalf of a retiree organization formed for board-administered retirement system participants and with tax-exempt status under section 501(c)(4) of the Internal Revenue Code, as amended, for a fee determined by rules of the board and in effect on November 3, 1998, provided that the mailing list is not released to the organization.

(9) A person violating the provisions of subsection (1)(b) is guilty of a misdemeanor."

Section 7. Section 2-6-110, MCA, is amended to read:

"2-6-110. Electronic information -- public access -- fees. (1) Except as provided by law, each person is entitled to a copy of information compiled, created, or otherwise in the custody of public agencies that is in electronic format, subject to the same restrictions applicable to the information in printed form. All restrictions relating to confidentiality, privacy, business secrets, and copyright are applicable to the electronic information.

(2) Except as provided by law and subject to subsection (3), an agency may charge a fee, not to exceed an amount or schedule in effect on November 3, 1998, and based on:

(a) the agency's actual cost of purchasing the electronic media used for transferring data, if the person requesting the information does not provide the media;

(b) expenses incurred by the agency as a result of mainframe processing charges;

(d) other out-of-pocket expenses directly associated with the request for information; and

(e) the hourly rate for the current fiscal year for a state employee classified as grade 10, market salary, under 2-18-312 for each hour, or fraction of an hour, after one-half hour of copying service has been provided.

(3) (a) In addition to the allowable fees in subsection (2), the department of revenue may charge an additional fee, in effect on November 3, 1998, as reimbursement for the cost of developing and maintaining the property valuation and assessment system database from which the information is requested. The fee must be charged to persons, federal agencies, state agencies, and other entities requesting the database or any part of the database from any department property valuation and assessment system. The fee may not be charged to the governor's office of budget and program planning, the state tax appeal board, or any legislative agency or committee.

(b) The department of revenue may not charge a fee for information provided from any department property valuation and assessment system database to a local taxing jurisdiction for use in taxation and other governmental functions or to an individual taxpayer concerning the taxpayer's property.

(c) All fees received by the department of revenue under subsection (2) and this subsection (3) must be deposited in a state special revenue fund as provided in 15-1-521.

(4) For the purposes of this section, the term "agency" has the meaning provided in 2-3-102 but includes legislative, judicial, and state military agencies.

(5) This section does not authorize the release of electronic security codes giving access to private information."

Section 8. Section 2-7-514, MCA, is amended to read:

"2-7-514. Filing of audit report and financial report. (1) Completed audit reports must be filed with the department. Completed financial reports must be filed with the department as provided in 2-7-503(1). The state superintendent of public instruction shall file with the department a list of school districts subject to audit under 2-7-503(3). The list must be filed with the department within 6 months after the close of the fiscal year.

(2) At the time that the financial report is filed or, in the case of a school district, when the audit report is filed with the department, the local government entity shall pay to the department a filing fee in effect on November 3, 1998. The department shall charge a filing fee to any local government entity required to have an audit under 2-7-503, which fee must be based upon the costs incurred by the department in the administration of this part and in effect on November 3, 1998. Notwithstanding the provisions of 20-9-343, the filing fees for school districts required by this section must be paid by the office of public instruction. The department shall adopt the fee schedule by rule in effect on November 3, 1998, and based upon the local government entities' revenue amounts.

(3) Copies of the completed audit and financial reports must be made available by the department and the local government entity for public inspection during regular office hours."

Section 9. Section 2-9-506, MCA, is amended to read:

"2-9-506. Approval, filing, record, and custody. (1) The approval of ~~every~~ each official bond must be endorsed ~~thereon~~ on the bond and signed by the officer approving the ~~same~~ bond. No An officer with whom any official bond is required to be filed ~~must~~ may not file ~~such~~ the bond until approved.

(2) ~~Every~~ Each official bond must be filed in the proper office within the time prescribed for filing the oath unless otherwise expressly provided by statute.

(3) Official bonds must be recorded in a book kept for the purpose and entitled "Record of Official Bonds".

(4) ~~Every~~ Each officer with whom official bonds are filed must carefully keep and preserve the ~~same~~ bonds and give certified copies ~~thereof~~ of the bonds to any person demanding ~~the same~~ a certified copy upon being paid the same fees as that are allowable by law and in effect on November 3, 1998, for certified copies of papers in other cases."

Section 10. Section 2-15-401, MCA, is amended to read:

"2-15-401. Duties of secretary of state -- authority. (1) In addition to the duties prescribed by the constitution, it is the duty of the secretary of state to:

(a) attend at ~~every~~ each session of the legislature for the purpose of receiving bills and resolutions and to perform other duties as may be devolved upon the secretary of state by resolution of the two houses or either ~~of them~~ house;

(b) keep a register of and attest the official acts of the governor, including all appointments made by the governor, with date of commission and names of appointees and predecessors;

(c) affix the great seal, with the secretary of state's attestation, to commissions, pardons, and other public instruments to which the official signature of the governor is required;

(d) record in proper books all articles of incorporation filed in the secretary of state's office;

(e) take and file receipts for all books distributed by the secretary of state and direct the county clerk of each county to do the same;

(f) certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor;

(g) furnish, on demand, to any person paying the fees in effect on November 3, 1998, a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in the secretary of state's office;

(h) keep a fee book in which must be entered all fees, commissions, and compensation earned, collected, or charged, with the date, name of payer, paid or unpaid, and the nature of the service in each case, which must be verified annually by the secretary of state's affidavit entered in the fee book;

(i) file in the secretary of state's office descriptions of seals in use by the different state officers;

(j) discharge the duties of member of the board of examiners and of the board of land commissioners and all other duties required by law;

(k) register marks as provided in Title 30, chapter 13, part 3;

(l) report annually to the legislative services division all watercourse name changes received pursuant to 85-2-134 for publication in the Laws of Montana;

(m) keep a register of all applications for pardon or for commutation of any sentence, with a list of the official signatures and recommendations in favor of each application.

(2) The secretary of state may develop and implement a statewide electronic filing system as described in 2-15-404."

Section 11. Section 2-15-403, MCA, is amended to read:

"2-15-403. Sale of corporate information list -- rulemaking authority. The secretary of state may offer for sale to private or public entities the corporate information list developed by the secretary of state. The information on the corporate information list must be limited to the information available on the corporate information computer system maintained by the secretary of state. If the list is offered for sale, the secretary of state shall adopt rules under the Montana Administrative Procedure Act specifying the fee to be charged for the list. The fee is the amount specified by rule that was in effect on November 3, 1998."

Section 12. Section 3-5-515, MCA, is amended to read:

"3-5-515. Fees for naturalization. The clerk of the district court shall collect from every person to whom a final certificate of naturalization is issued, at the time that the ~~same~~ certificate is issued, all fees authorized by law and in effect on November 3, 1998. All fees must be accounted for and paid to the county treasurer, as provided by 7-4-2511(1), and ~~shall~~ must be credited to the general fund of the county."

Section 13. Section 5-11-212, MCA, is amended to read:

"5-11-212. Fees for proceedings. (1) A complete set of the proceedings of a regular or special session of the legislature may be purchased from the legislative services division for the amount prescribed by the legislative council and in effect on November 3, 1998. Upon receipt of payment, the executive director of the legislative services division shall supply the purchaser with a complete set of the proceedings.

(2) A purchaser who requests that a set of the proceedings be mailed shall pay an additional fee as prescribed by the council and in effect on November 3, 1998, for each complete set that is mailed.

(3) Single copies of bills, resolutions, or amendments to bills or resolutions may be purchased from the legislative services division for a price varying with the length of the document as prescribed by the legislative council.

(4) Single copies of status sheets or status of proceedings may be purchased from the legislative services division for a price per copy as prescribed by the legislative council. A person may subscribe to receive daily copies of the status sheets or status of proceedings by mail for a fee set by the legislative council and in effect on November 3, 1998, to cover the costs of the service.

(5) The executive director of the legislative services division shall account for all funds collected under this section and shall transmit the funds to the treasurer of the state of Montana, who shall credit them to the general fund."

Section 14. Section 7-1-4123, MCA, is amended to read:

"7-1-4123. Legislative powers. A municipality with general powers has the legislative power, subject to the provisions of state law, to adopt, amend, and repeal ordinances and resolutions required to:

(1) preserve peace and order and secure freedom from dangerous or noxious activities;

(2) secure and promote the general public health and welfare;

(3) provide any service or perform any function authorized or required by state law;

(4) exercise any power granted by state law;

(5) levy any tax authorized by state law;

(6) appropriate public funds;

(7) subject to Article VIII, section 17, of the Montana constitution, impose a special assessment reasonably related to the cost of any special service or special benefit provided by the municipality or impose a fee for the provision of a service;

(8) grant franchises; and

(9) provide for its own organization and the management of its affairs."

Section 15. Section 7-1-4144, MCA, is amended to read:

"7-1-4144. Public records. (1) Except as provided in subsection (2), all records and other written materials in the possession of a municipality ~~shall~~ must be available for inspection and reproduction by any person during normal office hours. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the governing body may impose reasonable fees for providing copies of public records.

(2) Personal records, medical records, and other records ~~which~~ that relate to matters in which the right to individual privacy exceeds the merits of public disclosure ~~shall~~ may not be available to the public unless the person that they concern requests that they be made public.

(3) Except as provided by law and as determined by the chief law enforcement administrator, law enforcement records ~~which~~ that relate to matters in which the right to individual privacy or law enforcement security exceeds the merits of public disclosure ~~shall~~ may not be available to the public."

Section 16. Section 7-1-4147, MCA, is amended to read:

"7-1-4147. State technical advice and assistance. (1) All state agencies are authorized and encouraged to provide technical assistance to municipalities.

(2) The technical assistance services ~~shall~~ may not include those that can be as reasonably and expeditiously obtained through business channels.

(3) State agencies are encouraged to develop the capacity to provide technical advice and assistance without charge to municipalities, but they are also encouraged to establish service charges, in effect on November 3, 1998, for special or extraordinary technical advice.

(4) The department of commerce shall coordinate technical advice and assistance provided to municipalities by state agencies.

(5) State agencies may lend personnel, equipment, and machinery to municipalities."

Section 17. Section 7-4-2821, MCA, is amended to read:

"7-4-2821. Fees of county surveyor. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the board of county commissioners shall set the county surveyor's fees by resolution."

Section 18. Section 7-6-2131, MCA, is amended to read:

"7-6-2131. Fees of county treasurer. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the county treasurer ~~shall~~ must receive the sum of $25 plus actual costs incurred for making and acknowledging a deed for property sold for delinquent taxes."

Section 19. Section 7-12-2101, MCA, is amended to read:

"7-12-2101. Definitions. (1) The word "blocks"~~, shall mean such blocks~~ means the area, whether regular or irregular, ~~as are~~ bounded by main streets or partially bounded by a boundary line of the city.

(2) The term "board of county commissioners" includes any body or board ~~which~~ that under the law is the legislative department of the government of the county.

(3) The word "city" and the word "municipality", as used in this part, ~~shall~~ must be understood and so construed as to include all corporations ~~heretofore~~ organized ~~and now existing and hereafter organized~~ for municipal purposes.

(4) The terms "clerk" and "county clerk", as used in this part, include any person or officer who ~~shall be~~ is clerk of the board of county commissioners.

(5) The term "county treasurer", as used in this part, means and includes any person who, under whatever name or title, is the custodian of the funds of the county.

(6) The term "engineer", as used in this part, means the person, firm, or corporation ~~who~~ that is designated by the board of county commissioners as the engineer for the improvement.

(7) The term "incidental expenses", as used in this part, includes:

(a) the compensation of the engineer for work done by ~~him~~ the engineer;

(b) the cost of printing and advertising, as provided in this part;

(d) costs of issuance of the bonds or warrants of the special improvement district, including costs of printing the bonds, bond registration fees, ~~attorneys'~~ attorney fees and financial consultants' fees, a premium for bond insurance, any price paid by the original purchaser of the bonds that is less than the face amount ~~thereof~~ of the bonds, and interest to accrue on bonds or warrants of the special improvement district before assessments levied by the district are collected in amounts and at times sufficient to pay ~~such~~ the interest; and

(e) subject to Article VIII, section 17, of the Montana constitution, a reasonable administrative fee payable to the county for the creation and administration of the district by the county, its officers, and its employees.

(8) The term "main street" means ~~such~~ an actually opened street or streets as that bound a block.

(9) The words "paved" or "repaved", as used in this part, ~~shall be held to mean and~~ include pavement of stone, whether paving blocks or macadam; of bituminous rock or asphalt; or of wood, brick, or other material, whether patented or not, ~~which~~ that the board of county commissioners by rule or resolution shall adopt.

(10) The term "quarter block", as used in this part ~~as to irregular blocks~~, includes all lots or portions of lots having any frontage on either intersecting street halfway from ~~such~~ the intersection to the next main street or, when no main street intervenes, all the way to the boundary line of any city.

(11) The word "street", as used in this part, includes avenues, highways, lanes, alleys, crossings or intersections, courts, and places ~~which~~ that have been dedicated and accepted according to the law or in common and undisputed use by the public for a period of not less than the preceding 5 years ~~next preceding~~.

(12) The term "street intersection", ~~wherever~~ as used in this part, means that parcel of land at the point of juncture or crossing of intersecting streets~~, which~~ that lies between lines drawn from corner to corner of all lot lines immediately cornering at ~~such~~ that juncture.

(13) The words "work", "improved", and "improvements", as used in this part, ~~shall~~ include all work or the securing of property, by purchase or otherwise, mentioned in this part and also the construction, reconstruction, maintenance, and repair of all or any portion of ~~said~~ work."

Section 20. Section 7-12-2151, MCA, is amended to read:

"7-12-2151. Assessment of costs. (1) To Subject to Article VIII, section 17, of the Montana constitution and to defray the cost of making or acquiring any of the improvements provided for in this part, including incidental expenses, the board of county commissioners shall assess the entire cost of the improvements against benefited lots, tracts, or parcels of land in the district, based upon the benefits received, and shall adopt one or any combination of the following methods of assessment for each improvement made or acquired for the benefit of the district:

(a) Each lot, tract, or parcel of land assessed in the district may be assessed with that part of the whole cost ~~which~~ that its assessable area bears to the assessable area of all the benefited lots, tracts, or parcels in the district, exclusive of streets, avenues, alleys, and public places. For the purposes of this subsection (1)(a), "assessable area" means an area of a lot, tract, or parcel of land representing the benefit conferred upon the lot, tract, or parcel by the improvement. Assessable area may be less than but may not exceed the actual area of the lot, tract, or parcel.

(b) Each lot, tract, or parcel of land assessed in the district may be assessed with that part of the whole cost of the improvement based upon the assessed value of the benefited lots or pieces of land within the district, if the board determines the assessment to be equitable in proportion to and not exceeding the benefits received from the improvement by the lot, tract, or parcel.

(c) Each lot, tract, or parcel of land in the district abutting upon the street where the improvement has been made may be assessed in proportion to its lineal feet abutting the street.

(d) Each lot, tract, or parcel of land in the district may be assessed an equal amount based upon the total cost of the improvement.

(e) Each lot, tract, or parcel of land in the district served by a utility connection may be assessed an equitable lump sum for the connection based on the bid price in the applicable contract.

(2) The board may use one or any combination of methods of assessment in a single special improvement district and, if more than one improvement is undertaken, need not assess each lot, tract, or parcel in the district for the cost of all the improvements.

(3) The board in its discretion may pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds in its hands available for that purpose or to include the whole or any part of the costs within the amount of the assessment to be paid by the benefited property in the district."

Section 21. Section 7-12-2161, MCA, is amended to read:

"7-12-2161. Payment of maintenance costs -- resolution for assessment and for change of boundaries -- assessment for administrative costs. (1) It is the duty of the board of county commissioners to estimate, as near as practicable, the cost of maintaining, preserving, or repairing the improvements in each district for each year beginning January 1 or another time as it may appear necessary.

(2) ~~Before~~ Subject to Article VIII, section 17, of the Montana constitution and before the first Monday in September of each year, the board shall pass and finally adopt a resolution levying and assessing all the property within the district with an amount equal to the whole cost of maintaining, preserving, or repairing the improvements within the district. The assessment must be proportioned as provided in 7-12-2108.

(3) The resolution levying assessments to defray the cost of maintenance, preservation, or repair of improvements must be prepared and certified to in substantially the same manner as a resolution levying assessments for making, constructing, and installing the improvements in the special improvement district.

(4) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the board may change by resolution, not more than once a year, the boundaries of ~~any~~ a maintenance district.

(5) The board shall include in the estimated cost of maintaining the district the lesser of $500 or 5% of the annual assessment of the district. The amount determined by the board under this subsection is to defray the costs incurred by the county in administering the maintenance district and is a cost of maintenance. The board shall annually pay the amount determined under this subsection to the county treasurer for deposit in the county general fund."

Section 22. Section 7-12-2202, MCA, is amended to read:

"7-12-2202. Apportionment of costs of maintaining lighting system. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the cost of the maintenance and operating service to ~~said~~ a rural improvement district may be apportioned among the various tracts of land within ~~said~~ the improvement district:

(a) in proportion to the assessed value of ~~said~~ lands within ~~said~~ the improvement district, as determined by the board of county commissioners;

(b) at the option of ~~said~~ the board and as determined by ~~said~~ the board, in proportion to the lineal front footage of each tract, any part of which is in the district and abuts the street or roadway along which the lighting system is to be maintained; or

(c) in proportion to the area, as determined by ~~said~~ the board, of that portion of each tract included in the district.

(2) (a) ~~Before~~ Subject to Article VIII, section 17, of the Montana constitution and before the first Monday of September of each year, the board shall pass and finally adopt a resolution levying and assessing upon all the property within the district an amount equal to the whole cost of maintaining ~~said~~ the lighting system. The ~~same shall~~ cost must be proportioned against the several tracts of land in ~~said~~ the district as provided in this part.

(b) ~~Said~~ The resolution levying assessments to defray the cost of maintenance ~~shall~~ must be prepared and certified to in the manner as near as may be to a resolution levying assessments for making, constructing, and installing the improvements in ~~said~~ special improvement districts."

Section 23. Section 7-12-4101, MCA, is amended to read:

"7-12-4101. Definitions. Unless the context indicates otherwise, as used in ~~this part and~~ part 42 and this part, the following definitions apply:

(1) "Blocks" means blocks, whether regular or irregular, that are bounded by main streets or by main streets and a boundary line of the city.

(2) "City" or "municipality" means all corporations organized for municipal purposes.

(3) "City clerk" or "clerk" means any person or officer who is clerk of the city council.

(4) "City council" means any body or board that is the legislative department of the government of the city.

(5) "City engineer" means any person or officer who is responsible for the maintenance and improvement of the streets in a city.

(6) "City treasurer" means any person who, under whatever name or title, is the custodian of the funds of the municipality.

(7) "Incidental expenses" means:

(a) the compensation of the city engineer for work done by ~~him~~ the city engineer;

(b) the cost of printing and advertising as provided in ~~this part and~~ part 42 and this part;

(c) the compensation of persons appointed by the city engineer to take charge of and superintend any of the work mentioned in this part;

(d) the expenses of making the assessment for any work authorized by this part;

(e) interest on warrants of the city issued to pay costs of improvements;

(f) costs of issuance of bonds or warrants of the special improvement district, including costs of printing the bonds, bond registration fees, ~~attorneys'~~ attorney and financial consultants' fees, a premium for bond insurance, and any price paid by the original purchaser of the bonds that is less than the face amount ~~thereof~~ of the bonds;

(g) interest to accrue on bonds or warrants of the special improvement district before assessments levied in the district are collected in amounts and at times sufficient to pay ~~such~~ the interest; and

(h) subject to Article VIII, section 17, of the Montana constitution, a reasonable administrative fee payable to the city for the creation and administration of the district by the city, its officers, and its employees.

(8) "Main street" means ~~such~~ an actually opened street as that bounds a block.

(9) "Paved" or "repaved" means pavement of stone (whether paving blocks or macadam), of bituminous rock or asphalt, or of wood, brick, or other material (whether patented or not) ~~which~~ that the city council adopts by ordinance or resolution.

(10) "Quarter-block", when used in reference to irregular blocks, means all lots or portions of lots having any frontage on either of two intersecting streets halfway from the intersection to the next main street or, when no main street intervenes, all the way to a boundary line of the city.

(11) "Street" means avenues, highways, lanes, alleys, crossings or intersections, courts, and places ~~which~~ that have been dedicated and accepted according to the law or in common and undisputed use by the public for a period of not less than 5 years.

(12) "Street intersection" means that parcel of land at the point of juncture or crossing of intersecting streets ~~which~~ that lies between lines drawn from corner to corner of all lot lines immediately cornering at ~~such~~ that juncture.

(13) "Work", "improved", or "improvement" means all work or the securing of property mentioned in ~~this part and~~ part 42 and this part and also the construction, reconstruction, and repair of all or any portion of work."

Section 24. Section 7-12-4133, MCA, is amended to read:

"7-12-4133. Power to require certain utility connections. (1) The city or town council ~~shall have~~ has power to require connections from gas pipes, water pipes, steam heating pipes, and sewers to the curb line of the adjacent property to be made before the permanent improvement of the streets ~~whereon~~ on which they are located and to regulate the making of ~~such~~ the connections on the already improved streets or on unimproved streets.

(2) (a) In case the owners of the property on ~~such~~ the streets ~~shall fail~~ fail to make ~~such~~ the connections within the time fixed by the city council, the city council may, subject to Article VIII, section 17, of the Montana constitution, cause ~~such~~ the connections to be made and shall assess against the property in front of which ~~said~~ the connections are made the entire cost and expense ~~thereof~~ of making the connections.

(b) All assessments levied under the provisions of this section ~~shall~~ must be enforced and collected in the same manner as other special assessments provided for in ~~part 44 of~~ chapter 6, part 44 ~~and amendments thereof~~. All ~~such~~ assessments ~~shall~~ must be a lien against the property."

Section 25. Section 7-12-4162, MCA, is amended to read:

"7-12-4162. Assessment of costs -- area option -- assessed valuation option -- equal amount option. (1) (a) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city council or commission shall assess the entire cost of an improvement against benefited property in the district, each lot or parcel of land assessed within ~~such~~ the district to be assessed for that part of the whole cost ~~which~~ that its assessable area bears to the assessable area of all benefited lots or parcels in the district, exclusive of streets, avenues, alleys, and public places. For the purposes of this subsection, "assessable area" means an area of a lot or parcel of land representing the benefit conferred on the lot or parcel by the improvement. Assessable area may be less than but may not exceed the actual area of the lot or parcel.

(b) The city council or commission, in its discretion, ~~shall have~~ has the power to pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds ~~in its hands~~ available for that purpose or, subject to Article VIII, section 17, of the Montana constitution, to include the whole or any part of ~~such~~ the costs within the amount of the assessment to be paid by the benefited property in the district.

(c) In order to equitably apportion the cost of any of the improvements ~~herein provided for~~ between that land within the district ~~which~~ that lies within 25 feet of the line of the street on which the improvement is to be made and all other benefited land within the district, the city council or commission may, in the resolution creating ~~any~~ an improvement district, provide that the amount of the assessment against the property in ~~such~~ the district to defray the cost of ~~such~~ improvements ~~shall~~ must be so assessed that each square foot of land within the district lying within 25 feet of the line of the street on which the improvements ~~therein provided for~~ are made ~~shall~~ must bear double the amount of the cost of ~~such~~ improvements per square foot of ~~such~~ land that each square foot of any other benefited land within the district ~~shall bear~~ bears.

(2) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city council or ~~city~~ commission may assess the cost of an improvement against each lot or parcel of land in the district based on the assessed value of the benefited lots or parcels of land within the district if the city council or commission determines ~~such~~ the assessment to be equitable and in proportion to and not exceeding the benefits derived from the improvement by the lot or parcel.

(3) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city council or ~~city~~ commission may assess each lot or parcel of land in the district an equal amount based upon the total cost of the improvement."

Section 26. Section 7-12-4170, MCA, is amended to read:

"7-12-4170. Payment of damages incurred as a result of improvements. Whenever the owner or anyone interested in any property situated within ~~any~~ a special improvement district, after filing with the clerk a written notice claiming that ~~his~~ the property has been damaged, is awarded or recovers any amount because of damages sustained by the property because of the construction of ~~any~~ an improvement in the special improvement district:

(1) if the resolution levying the assessment to defray the cost of making the improvement in the district is not passed and adopted by the city council, the amount to be recovered ~~shall~~ must be added to and constitute a part of the cost of making the improvement; but

(2) if the resolution levying the assessment to defray the costs and expenses of making the improvement has been passed and adopted by the city council, it shall, subject to Article VIII, section 17, of the Montana constitution, pass and adopt a supplemental resolution levying additional assessments against all the property in the district for the purpose of paying the amount awarded. ~~and the~~ The supplemental resolution ~~shall~~ must be made in the same manner and prepared and certified the same as the original resolution levying the assessment to defray the cost of making the improvement."

Section 27. Section 7-12-4175, MCA, is amended to read:

"7-12-4175. Offstreet parking option -- ordinance setting forth method of assessment required -- hearing. (1) Before any improvement district for the establishment or improvement of offstreet parking can be created or financed under 7-12-4165, the city council or commission ~~must~~ shall, prior to the creation of the district, pass a city ordinance setting forth the formula to be used in determining the assessment of each lot or parcel within the district. The formula must include but is not limited to the items to be considered in 7-12-4165.

(2) Prior to the adoption of any such ordinance, the city council or commission shall make a determination of the formula for the method of assessment, considering all of the factors ~~above set forth~~ provided for in 7-12-4165. A public hearing, after ~~due~~ notice, ~~shall~~ must be held ~~wherein~~ to allow concerned persons ~~may~~ to present their objections to the formula or any part of it and to point out errors and inequities and to submit reasons for amendments and corrections. The city council may continue the hearing from time to time.

(3) After the city council has heard all objections and suggestions, it shall correct any errors ~~which~~ that it finds in the formula for assessment as originally made and shall, subject to Article VIII, section 17, of the Montana constitution, finally establish and settle the formula for assessment in the same manner as any other city ordinance."

Section 28. Section 7-12-4179, MCA, is amended to read:

"7-12-4179. Payment of maintenance costs -- resolution for assessment. (1) The cost of maintaining each of the improvements ~~shall~~ must be paid by assessing the benefited properties of the district under a permissible assessment option as provided in 7-12-4162 through 7-12-4165.

(2) It is the duty of the city council to estimate, as nearly as practicable, the cost of maintaining the improvements in each district for the season. ~~Before~~ Subject to Article VIII, section 17, of the Montana constitution and before the first Monday in September of each year, the city council shall pass and finally adopt a resolution levying and assessing all the property within the several districts with an amount equal to the whole cost of maintaining the improvements within the several districts.

(3) The resolution levying assessments to defray the cost of maintenance of the improvement ~~shall~~ must be prepared and certified in the same manner as a resolution levying assessments for making improvements in the special improvement district.

(4) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city council may change by resolution, not more than once a year, the boundaries of ~~any~~ a maintenance district, but the change of boundaries may not affect indebtedness existing at the time of the change."

Section 29. Section 7-12-4321, MCA, is amended to read:

"7-12-4321. Apportionment of costs. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city or town council shall determine the portion of the entire cost of erecting and maintaining the posts, wires, pipes, conduits, lamps, and other suitable or necessary appliances for the purpose of lighting ~~said~~ the streets or public highways and of the annual cost of supplying electrical current for and maintaining the lights ~~thereon~~ in ~~such~~ the districts~~, all or any portion as shall be determined by the city or town council, shall~~ to be borne by the property ~~embraced~~ within ~~said~~ the district."

Section 30. Section 7-12-4323, MCA, is amended to read:

"7-12-4323. Assessment of costs -- area or taxable valuation option. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city council may assess the entire cost of ~~such~~ an improvement against the entire district, each lot or parcel of land within ~~such~~ the district to be assessed for that part of the whole cost ~~which~~ that its:

(a) area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places; or

(b) taxable valuation, including improvements, bears to the taxable valuation of the entire district.

(2) The council, in its discretion, ~~shall have~~ has the power to pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds ~~in its hands~~ available for that purpose or to include the whole or any part of ~~such~~ the costs within the amount of the assessment to be paid by the property in the district.

(3) In order to apportion the cost of any of the improvements provided in this part between the corner lot and the inside lots of any block, the council may, in the resolution creating ~~any~~ a district, provide that whenever any of the improvements provided in this part ~~shall be~~ are along any side street or bordering or abutting upon the side of any corner lot of any block, the amount of the assessment against the property in ~~such~~ the district to defray the cost of ~~such~~ the improvements ~~shall~~ must be so assessed so that each square foot of the land ~~embraced~~ within any ~~such~~ corner lot ~~shall~~ must bear double the amount of the cost of ~~such~~ the improvement ~~that~~ borne by a square foot of any inside lot ~~shall bear~~."

Section 31. Section 7-12-4324, MCA, is amended to read:

"7-12-4324. Assessment of costs -- frontage option. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city council shall assess the cost of the improvements against the entire district,. ~~each~~ Each lot or parcel of land within the district bordering or abutting upon the streets ~~whereon or wherein~~ where the improvement has been made to must bear costs in proportion to the lineal feet abutting or bordering the streets.

(2) The council, in its discretion, may pay the whole or any part of the cost of any street, avenue, or alley intersection out of any funds ~~in its hands~~ available for that purpose or, subject to Article VIII, section 17, of the Montana constitution, include the whole or any part of ~~such~~ the costs within the amount of the assessment to be paid by the property in the district."

Section 32. Section 7-12-4327, MCA, is amended to read:

"7-12-4327. Assessment of costs of lighting district to certain lands lying outside of municipality. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city or town council may make assessments in the manner provided in 7-12-4301 on property abutting the street or highway and lying outside the boundaries of the city or town, as long as that portion of the street or public highway to be lighted is adjacent to the boundary line of the city or town, lies partially within the city or town, or extends from one point within the city or town to another point within the city or town."

Section 33. Section 7-12-4328, MCA, is amended to read:

"7-12-4328. Resolution to provide for assessment of costs of installation. (1) ~~It shall be the duty of~~ Subject to Article VIII, section 17, of the Montana constitution, the city or town council to shall ascertain the cost of installing ~~such~~ the lighting system and, on or before the first Monday in October, to shall pass and finally adopt a resolution levying and assessing all of the property embraced within ~~said~~ the district with all or any portion of the entire cost of installing the ~~same; each~~ lighting system. Subject to Article VIII, section 17, of the Montana constitution, each lot or parcel of land in ~~said~~ the district to must be assessed in accordance with the method adopted by the city council as provided in 7-12-4321 through 7-12-4324.

(2) ~~Any such~~ The resolution ~~shall~~ must contain a list in which ~~shall be described~~ each lot or parcel of land is described, either by the total number of square feet of property contained ~~therein~~ or by the total number of linear feet abutting the improvements as may be required to determine the total assessment in the district, and the amount levied against each lot or parcel of land ~~set opposite~~ must be indicated.

(3) ~~Such~~ The resolution, signed by the mayor and city clerk, ~~shall~~ must be kept on file in the office of the city clerk."

Section 34. Section 7-12-4332, MCA, is amended to read:

"7-12-4332. Resolution to provide for assessment of maintenance costs. ~~It shall be the duty of the~~ The city or town council to shall estimate, as nearly as practicable, the cost of maintaining ~~such~~ the lights and furnishing electrical current ~~therefor~~ each year and the portion ~~thereof~~ of the costs to be assessed against the property embraced within the district. Subject to Article VIII, section 17, of the Montana constitution and, before the first Monday in October, to the council shall pass and finally adopt a resolution levying and assessing ~~said~~ the property within ~~said~~ the district with an amount equal to the proportion of the cost of ~~such~~ maintenance and electrical current so determined to be ~~especially~~ assessed against ~~said~~ the property."

Section 35. Section 7-12-4333, MCA, is amended to read:

"7-12-4333. Procedure for resolution for assessment of maintenance costs. ~~Said~~ Subject to Article VIII, section 17, of the Montana constitution, the resolution levying and assessing ~~said~~ the portion of the cost of maintenance and for furnishing electrical current ~~therefor shall~~ must be prepared and certified to in the same manner as the resolution provided for in 7-12-4328 through 7-12-4330, and the same notice and hearing ~~shall~~ must be given ~~thereon~~ on the resolution. This resolution ~~shall~~ must be adopted and certified and the assessment collected in the same manner, as nearly as ~~may be~~ possible, ~~in the case of~~ as the resolution provided for in 7-12-4328 through 7-12-4331."

Section 36. Section 7-12-4422, MCA, is amended to read:

"7-12-4422. Assessment of costs -- area, frontage, lot, and taxable valuation options. (1) For the purposes of this section, "assessable area" means the portion of a lot or parcel of land that is benefited by the maintenance district. The assessable area may be less than but may not exceed the actual area of the lot or parcel.

(2) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city council shall assess the percentage of the cost of maintenance established in 7-12-4425 against the entire district as follows:

(a) ~~each~~ Each lot or parcel of land within ~~such~~ the district may be assessed for that part of the cost ~~which~~ that its assessable area bears to the assessable area of the entire district, exclusive of streets, avenues, alleys, and public places;.

(b) ~~each~~ Each lot or parcel of land within ~~such~~ the district abutting upon a street upon which maintenance is done may be assessed for that part of the cost ~~which~~ that its street frontage bears to the street frontage of the entire district;.

(c) if If the city council determines that the benefits derived from the maintenance by each lot or parcel are substantially equivalent, the cost may be assessed equally to each lot or parcel located within the district without regard to the assessable area of the lot or parcel;.

(d) ~~each~~ Each lot or parcel of land, including the improvements ~~thereon~~ on the lot or parcel, may be assessed for that part of the cost of the district ~~which~~ that its taxable valuation bears to the total taxable valuation of the property of the district~~; or~~.

(e) ~~any~~ Any combination of the assessment options provided in subsections (2)(a) through (2)(d) may be used for the district as a whole or for any lot or parcel within the district."

Section 37. Section 7-12-4606, MCA, is amended to read:

"7-12-4606. Resolution to create fire hydrant maintenance district. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city council has jurisdiction to order the proposed improvements if:

(a) no protests have been delivered to the clerk of the city council within the 15-day protest period provided for in 7-12-4604; or

(b) protests have been found by the city council to be insufficient in number to halt further proceedings and ~~such~~ the protests have been heard on their merits and denied.

(2) Before ordering the proposed improvements, the city council shall pass a resolution creating the fire hydrant maintenance district in accordance with the resolution of intention previously introduced and passed by the council."

Section 38. Section 7-12-4611, MCA, is amended to read:

"7-12-4611. Resolution for assessment -- assessment options. The city or town council shall estimate, as nearly as practicable, the entire cost of installing and maintaining fire hydrants each year and the portion ~~thereof~~ of the cost to be assessed against the property within the district. ~~Before~~ Subject to Article VIII, section 17, of the Montana constitution and before the first Monday in October, the council ~~must~~ shall pass and finally adopt a resolution levying and assessing the property within the district. The city or town council, for the purpose of making the assessment, shall adopt one of the following methods:

(1) The council may assess the cost of fire hydrant installation and maintenance against the entire district, each lot or parcel of land within the district to be assessed for that part of the whole cost ~~which~~ that its area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places.

(2) The council may assess the cost of fire hydrant installation and maintenance against the entire district, each lot or parcel of land within the district bordering or abutting on the streets where fire hydrants are located to be assessed in its lineal proportion to the total lineal feet bordering or abutting on ~~such~~ the streets.

(3) If Subject to Article VIII, section 17, of the Montana constitution, if the city council determines that the area, frontage, or combination options are inequitable, it may assess the cost of fire hydrant installation and maintenance:

(a) against the entire district, each lot or parcel of land within ~~such~~ the district to be assessed for that part of the whole cost that its taxable valuation, including improvements, bears to the taxable valuation of the entire district; or

(b) against the entire district, each lot or parcel of land receiving service within the district to be assessed by apportioning the whole cost according to a ratio between the water meter size servicing each lot or parcel and the whole cost."

Section 39. Section 7-13-121, MCA, is amended to read:

"7-13-121. Assessment of costs. To Subject to Article VIII, section 17, of the Montana constitution and to defray the cost of installing and maintaining either sanitary or storm sewer systems under the provisions of this part, the board of county commissioners shall adopt the following method of assessment:

(1) The board shall assess the entire cost of the improvements against the entire metropolitan sanitary district.

(2) Each lot or parcel of land assessed in ~~such~~ the district is to be assessed with that part of the whole cost ~~which~~ that its area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places."

Section 40. Section 7-13-141, MCA, is amended to read:

"7-13-141. Charges for services. (1) The board of county commissioners ~~shall have~~ has authority by ordinance or resolution to fix and establish just and equitable rates, charges, and rentals for the services and benefits directly or indirectly afforded by any sanitary or storm sewer system operated by, controlled by, and under the jurisdiction of a metropolitan sanitary and/or storm sewer district formed under this part.

(2) ~~Such~~ Subject to Article VIII, section 17, of the Montana constitution, the rates, charges, and rentals ~~shall~~ must be as nearly as possible equitable in proportion to the services and benefits rendered and may take into consideration the quantity of sewage produced and its concentration and water pollution qualities in general and the cost of disposal of sewage and storm waters."

Section 41. Section 7-13-204, MCA, is amended to read:

"7-13-204. Resolution of intention to create solid waste management district. (1) ~~Before~~ Subject to Article VIII, section 17, of the Montana constitution and before creating a solid waste management district, the commissioners shall pass a resolution of intention to do so.

(2) The resolution ~~shall~~ must designate:

(a) the proposed name of ~~such~~ the district;

(b) the necessity for the proposed district;

(c) a general description of the territory or lands of ~~said~~ the district, giving the boundaries ~~thereof~~ of the district;

(d) the general character of the collection service;

(e) the proposed fees to be charged for the service; and

(f) the powers to be delegated to the board and the powers to be exercised only with the approval of the county commissioners."

Section 42. Section 7-13-216, MCA, is amended to read:

"7-13-216. Implementation of program. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the board may implement its proposed program a section at a time. If a program is implemented a section at a time, the fees may be levied only against that part of the district that is receiving the service. As the program is expanded throughout the district, that part of the district will start to pay the fee for service."

Section 43. Section 7-13-231, MCA, is amended to read:

"7-13-231. Authorization for charges for services. (1) To defray the cost of maintenance and operation of a solid waste management district, the board shall, subject to Article VIII, section 17, of the Montana constitution, establish a fee for service, with approval of the county commissioners, provided that a public hearing has been held if written protest has been made as provided in 7-13-211. An Subject to Article VIII, section 17, of the Montana constitution, an increase in fees may not be approved and implemented unless notice of the increase is given, as provided in 7-13-208(1) and (2), and an opportunity for protest is allowed, as provided in 7-13-209 and 7-13-211.

(2) This fee must be assessed to all units in the district that are receiving a service, for the purpose of maintenance and operation of the district.

(3) An opportunity for protest or hearing is not required to increase fees for the purpose of paying fees imposed by the department of environmental quality under 75-10-115. Notice must be provided to all units of the rate or portion of any rate that is directly attributable to the fee imposed."

Section 44. Section 7-13-232, MCA, is amended to read:

"7-13-232. Determination of service charge. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the board may establish, by resolution, rates for service charges, which may not be less than the actual cost of providing services. For solid waste management districts other than joint districts, the rates must be subject to the approval of the county commissioners.

(2) Service charges may take into account:

(a) the character, kind, and quality of service; and

(b) the cost of providing the service, including but not limited to depreciation and the payment of principal and interest on money borrowed by the district for the acquisition and improvement of facilities and equipment.

(3) Service charges may be assessed per family residential unit or based on the size of a vehicle used to dispose of the waste; the volume or weight of the waste; or the cost, incentives, or penalties applicable to waste management practices.

(4) The initial rate for any solid waste district or joint solid waste management district may not exceed the rate provided in the resolution creating the district.

(5) Fees for mobile home park accounts must be paid by the registered owner of each mobile home in the mobile home park.

(6) A Subject to Article VIII, section 17, of the Montana constitution, a notice of intention to enact a resolution to increase rates must be published as provided in 7-1-4128, and the district shall hold a public hearing prior to the meeting at which the resolution is considered."

Section 45. Section 7-13-233, MCA, is amended to read:

"7-13-233. Procedure to collect service charge. (1) The service charge may be imposed for:

(a) any fiscal year for which the district establishes a budget or incurs costs related to planning or constructing a solid waste management facility; or

(b) services to begin within 12 months.

(2) The board shall certify to the county commissioners of the county served by the solid waste management district the service charge needed for the current fiscal year, the due but unpaid service charges, and a description of the property against which the service charges are to be levied.

(3) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the department of revenue shall ensure that the amount of the service charge is placed on property tax notices and that the service charge is collected with property taxes.

(4) The board may establish a system for collecting service charges other than by tax notices to property owners issued by the department of revenue. The board may collect the service charge more often than property taxes are collected.

(5) If not paid, the service charge becomes delinquent and becomes a lien on the property, subject to the same penalties and the same rate of interest as property taxes."

Section 46. Section 7-13-2275, MCA, is amended to read:

"7-13-2275. Procedure relating to ordinances and resolutions -- rates, fees, and charges established. (1) The ayes and noes must be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceedings of the board of directors. An ordinance or resolution may not be passed or become effective without the affirmative votes of at least a majority of the total members of the board.

(2) The enacting clause of all ordinances passed by the board must be in these words: "Be it ordained by the board of directors of .... district as follows:"

(3) All resolutions and ordinances must be signed by the president of the board and attested by the secretary.

(4) Prior to the passage or enactment of an ordinance or resolution imposing, establishing, changing, or increasing rates, fees, or charges for services or facilities, the board shall order a public hearing.

(a) Notice of the public hearing must be published as provided in 7-1-2121. The published notice must contain:

(i) the date, time, and place of the hearing;

(ii) a brief statement of the proposed action; and

(iii) the address and telephone number of a person who may be contacted for further information regarding the hearing.

(b) The notice must also be mailed to all persons who own property in the district and to all customers of the district at least 7 days and not more than 30 days prior to the public hearing. The mailed notice must contain an estimate of the amount that the property owner or customer will be charged under the proposed ordinance or resolution.

(d) The hearing may be continued by the board as necessary. ~~After~~ Subject to Article VIII, section 17, of the Montana constitution and after the public hearing, the board may, by resolution, impose, establish, change, or increase rates, fees, or charges."

Section 47. Section 7-13-2301, MCA, is amended to read:

"7-13-2301. Establishment of charges for services -- payment of charges. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the board of directors shall fix all water and sewer rates and shall, through the general manager, collect the sewer charges and the charges for the sale and distribution of water to all users.

(2) The board, in furnishing water, sewer service, other services, and facilities, shall review, at least once every 2 years, and from time to time fix the rate, fee, toll, rent, or other charge for the services, facilities, and benefits directly afforded by the facilities, taking into account services provided and direct benefits received, that will be sufficient in each year to provide income and revenue adequate for:

(a) the payment of the reasonable expense of operation and maintenance of the facilities;

(b) administration of the district;

(d) the establishment or maintenance of any required reserves, including reserves needed for expenditures for depreciation and replacement of facilities, as may be determined necessary from time to time by the board or as covenanted in the ordinance or resolution authorizing the outstanding bonds of the district.

(3) A person or entity may not use any facility without paying the rate established for the facility. In the event of nonpayment, the board may order the discontinuance of water or sewer service or both to the property and may require that all delinquent charges, interest, penalties, and deposits be paid before restoration of the service.

(4) (a) If the board has ordered discontinuance of service as provided in subsection (3) and the person or entity who received the service has not made full payment of all delinquent charges, interest, penalties, and deposits, then, subject to Article VIII, section 17, of the Montana constitution, a district may elect to have its delinquent charges for water or sewer services collected as a tax against the property by following the procedures of this subsection (4). If a charge for services is due and payable in a fiscal year and is not paid by the end of the fiscal year, the general manager shall, by July 15 of the succeeding fiscal year, give notice to the owners of the property to which the service was provided. The notice must be in writing and:

(i) must specify the charges owed, including any interest and penalty;

(ii) must specify that the amount due must be paid by August 15 or it will be levied as a tax against the property;

(iii) must state that the district may institute suit in any court of competent jurisdiction to recover the amount due; and

(iv) may be served on the owner personally or by letter addressed to the post-office address of the owner as recorded in the county assessor's office.

(b) On September 1 of each year, the general manager shall certify and file with the county assessor a list of all property, including legal descriptions, on which arrearages remain unpaid. The list must include the amount of each arrearage, including interest and penalty. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the county assessor shall assess the amount owed as a tax against each lot or parcel with an arrearage. If the property on which arrearages remain unpaid contains a mobile home, the amount owed must be assessed as a tax against the owner of the mobile home. If the mobile home for which arrearages remain unpaid is no longer on the property, the amount owed must be assessed as a tax against the property.

(5) In addition to collecting delinquent charges in the same manner as a tax, a district may bring suit in any court of competent jurisdiction to collect amounts due as a debt owed to the district.

(6) Notwithstanding any other section of part 22 or this part or any limitation imposed in part 22 or this part, when the board has applied for and received from the federal government any money for the construction, operation, and maintenance of facilities, the board may adopt a system of charges and rates to require that each recipient of facility services pays its proportionate share of the costs of operation, maintenance, and replacement and may require industrial users of facilities to pay the portion of the cost of construction of the facilities that is allocable to the treatment of that industrial user's wastes."

Section 48. Section 7-13-3017, MCA, is amended to read:

"7-13-3017. Assessment of costs. To defray the cost of installing and maintaining the system under the provisions of this part, the governing body shall, subject to Article VIII, section 17, of the Montana constitution, adopt the following method of assessment:

(1) The governing body shall assess the entire cost of the improvements against the entire district.

(2) Each lot or parcel of land assessed in the district is to be assessed with that part of the whole cost that its area bears to the area of the entire district, exclusive of streets, avenues, alleys, and public places."

Section 49. Section 7-13-3026, MCA, is amended to read:

"7-13-3026. Charges for services. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the governing body may by ordinance or resolution establish just and equitable rates, charges, and rentals for the services and benefits directly or indirectly afforded by a system operated by, controlled by, and under the jurisdiction of a district formed under this part.

(2) The rates, charges, and rentals must be as nearly as possible equitable in proportion to the services and benefits rendered and may take into consideration the quantity of water supplied, the amount of sewage produced and its concentration, water pollution qualities in general, and the cost of disposal of sewage and storm waters."

Section 50. Section 7-13-3027, MCA, is amended to read:

"7-13-3027. Resolution to establish service charges -- hearing -- limitations and tax levy. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the governing body may, subject to the provisions of Title 69, chapter 7, by resolution and after public hearing:

(1) establish the rates, charges, and rentals in amounts sufficient in each year to provide income and revenues adequate for the payment of the reasonable expense of operation and maintenance of the system;

(2) establish an additional charge for the operation and maintenance of a system and a plant; and

(3) levy and assess a tax upon the taxable valuation of each and every lot or parcel of land and improvements in the district, not in excess of 2 mills on each dollar of taxable valuation, to provide sufficient revenues for the reserve fund in the amounts necessary to meet the financial requirements of the fund as described in 7-13-3034 through 7-13-3039."

Section 51. Section 7-13-4205, MCA, is amended to read:

"7-13-4205. Determination of rental charge. (1) The total revenue to be collected from all of the ~~above~~ sources in this part in a given year ~~shall~~ must be provided for by the council in ~~such~~ a manner ~~as to provide~~ that provides funds for the payment of all bond issues and interest ~~thereon,~~ on the bonds and subject to Article VIII, section 17, of the Montana constitution, ~~as well as~~ payment for all necessary expenses of the operation, maintenance, and repair of ~~any such~~ the sewer system.

(2) For the purpose of making ~~such~~ rental charges equitable, property benefited thereby may be classified, taking into consideration the volume and character of sewage or waste and the nature of the use made of ~~such~~ the sewage facilities."

Section 52. Section 7-13-4307, MCA, is amended to read:

"7-13-4307. Establishment of amount of charges. ~~The~~

Subject to Article VIII, section 17, of the Montana constitution, the rates and charges established for the services and facilities afforded by this system ~~shall~~ must be sufficient in each year to provide income and revenues adequate for the payment of the reasonable expense of operation and maintenance and for the payment of the sums required to be paid into the sinking fund and for the accumulation of ~~such~~ reserves and the making of ~~such~~ expenditures for depreciation and replacement of ~~said~~ the system as ~~shall be~~ determined necessary ~~from time to time~~ by the governing body or as ~~shall~~ have been covenanted in the ordinances and resolutions authorizing the outstanding bonds."

Section 53. Section 7-13-4308, MCA, is amended to read:

"7-13-4308. Change and readjustment of charges. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the governing body shall have the right to change and readjust from time to time the rates and charges so fixed and established, provided the aggregate of such rates and charges ~~shall~~ must always be sufficient to meet the requirements mentioned in 7-13-4307."

Section 54. Section 7-13-4513, MCA, is amended to read:

"7-13-4513. Insufficient protest to bar proceedings -- resolution creating district -- power to implement local water quality program. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the commissioners may create a local water quality district, establish fees, and appoint a board of directors if the commissioners find that insufficient protests have been made in accordance with 7-13-4511 or if the registered voters who reside in the proposed district have approved a referendum as provided in 7-13-4512.

(2) To create a local water quality district, the commissioners shall pass a resolution in accordance with the resolution of intention introduced and passed by the commissioners or in accordance with the terms of the referendum.

(3) The commissioners and board of directors may implement a local water quality program after the program is approved by the board of environmental review pursuant to 75-5-311."

Section 55. Section 7-13-4518, MCA, is amended to read:

"7-13-4518. Powers and duties of commissioners. In addition to the other powers and duties of the commissioners authorized by this part, the commissioners may:

(1) adopt local ordinances in accordance with the requirements of 75-5-311;

(2) subject to Article VIII, section 17, of the Montana constitution, establish fees;

(3) review and approve the annual budget of the local water quality district; and

(4) approve the construction of facilities that cost more than $5,000 but not more than $100,000 a year and that are necessary to accomplish the purposes of this part, including but not limited to facilities for removal of water-borne contaminants; water quality improvement; sanitary sewage collection, disposal, and treatment; and storm water or surface water drainage collection, disposal, and treatment."

Section 56. Section 7-13-4521, MCA, is amended to read:

"7-13-4521. Implementation of program. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the board of directors may implement a local water quality program in parts of a local water quality district before the program is implemented in the district as a whole. If Subject to Article VIII, section 17, of the Montana constitution, if a program is initially implemented in only a portion of a district, the fees may be levied only against that part of the district where the program is being implemented. As Subject to Article VIII, section 17, of the Montana constitution, if the program is expanded throughout the district, each additional part of the district that is covered by the program shall pay the fee."

Section 57. Section 7-13-4523, MCA, is amended to read:

"7-13-4523. Fees -- determination of rates -- increases -- exemption for agricultural water use. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the commissioners shall determine fee rates according to a classification system that is based upon the volume of water withdrawn and the volume and type of waste produced at each fee-assessed unit in the local water quality district.

(2) Fees for commercial and industrial units must be based on a comparison with a typical family residential unit as to volume of water withdrawn and volume and type of waste produced. Commercial and industrial units may be assessed fees that are not greater than 50 times the fees assessed on a family residential unit.

(3) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the commissioners may increase fees up to 10% a year by passing a resolution to establish the new fee rate. The commissioners may not approve a proposed fee increase of more than 10% a year unless notice of the proposed increase is given as provided in 7-13-4507(1) and (2) and opportunity for protest is provided as set forth in 7-13-4509 and 7-13-4510. If more than 20% of the owners of fee assessed units in the district protest, the fee increase may not be approved except through the referendum procedure provided for in 7-13-4512.

(4) Water withdrawals for irrigation and livestock use and related water discharges may not be assessed fees."

Section 58. Section 7-14-1635, MCA, is amended to read:

"7-14-1635. Contracts for operation and use of facilities. (1) In connection with the operation of a railroad or a railroad facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements:

(a) granting the privilege of operating or using the railroad or railroad facility;

(b) leasing a railroad for operation by the lessee. However, a person may not be authorized to operate a railroad other than as a common carrier.

(c) granting the privilege of supplying goods, commodities, services, or facilities along rail lines or in or upon other property; and

(d) making available services to be furnished by the authority or its agents.

(2) In each case, the authority may, subject to Article VIII, section 17, of the Montana constitution, establish the terms and conditions and fix the charges, rentals, or fees that must be reasonable and uniform for the same class of privilege or service and that must be established with regard to the property and improvements used and the expenses of operation to the authority.

(3) The authority may remit funds available for investment to the state treasurer for investment under the direction of the board of investments as part of the pooled investment fund."

Section 59. Section 7-14-2702, MCA, is amended to read:

"7-14-2702. Petition for opening or improving road. (1) A petition for laying out, opening, constructing, or improving a county road may be presented to the board by the owners of two-thirds of the lineal feet of land fronting on the proposed or existing road or by two-thirds of the residents of the proposed district. If any land is in the name of a deceased person or a person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian is equivalent to the signature of the owner.

(2) The petition must set forth:

(a) that the petitioners are qualified to sign the petition and that they desire the petitioned action;

(b) the kind and nature of the improvement desired;

(c) subject to Article VIII, section 17, of the Montana constitution, the mode of payment of the assessments to be levied for defraying the cost ~~thereof~~ of the improvement, whether immediate payment or by payment in installments;

(d) the portion of the costs ~~which~~ that the district, if formed, will assume and pay."

Section 60. Section 7-14-2705, MCA, is amended to read:

"7-14-2705. Meeting between county road superintendent, residents, and owners of land. (1) After receipt of the petition and passage of the resolution, the board shall make an order fixing a time and place in the vicinity of the road for a meeting between the county road superintendent or ~~his~~ the superintendent's deputy, all owners upon whose lands special assessments will be levied subject to Article VIII, section 17, of the Montana constitution, and all residents within the proposed district.

(2) All owners of land fronting on the road or land within 2 miles on either side of it upon which special assessments will be levied and all residents within the proposed district may meet with the superintendent or ~~his duly appointed~~ the deputy."

Section 61. Section 7-14-2731, MCA, is amended to read:

"7-14-2731. Assessment and lien upon lands benefited by road. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the board shall levy and cause to be collected an assessment upon all parcels of land specifically benefited by the laying out, opening, construction, or improvement, for paying the costs ~~thereof~~ of the road.

(2) The assessment ~~shall~~ must be a first lien upon the liable land, prior and superior to all other liens and encumbrances."

Section 62. Section 7-14-2907, MCA, is amended to read:

"7-14-2907. Cost of road improvement districts -- property owner assessments. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the cost of operating a road improvement district must be assessed upon all the benefited property in the district based upon the benefits received, and the board of county commissioners shall adopt one or any combination of the following methods of assessment for improvements made for the benefit of the district:

(a) Each parcel of benefited property assessed in such district may be assessed with that part of the whole cost which its assessable area bears to the assessable area of all the benefited parcels in the district, exclusive of roads and public places. For the purposes of this subsection (1)(a), "assessable area" means an area of a parcel of benefited property representing the benefit conferred upon the parcel by the improvement. Assessable area may be less than but may not exceed the actual area of the parcel.

(b) Each parcel of benefited property assessed in the district may be assessed with that part of the whole cost of the improvement based upon the assessed value of the benefited parcels of land within ~~said~~ the district if the board determines ~~such~~ the assessment to be equitable in proportion to and not exceeding the benefits received from the improvement by the parcel.

(c) Each parcel of benefited property in the district abutting upon the road where the improvement has been made may be assessed in proportion to its lineal feet abutting the road.

(d) Each parcel of benefited property in the district may be assessed an equal amount based upon the total cost of the improvement.

(2) The board may use one or any combination of methods of assessment in a single road improvement district and, if more than one improvement is undertaken, need not assess each parcel of benefited property in the district for the cost of all the improvements.

(3) ~~Not~~ Subject to Article VIII, section 17, of the Montana constitution and not later than the first Monday in September of each year, the board of county commissioners shall adopt a resolution levying and assessing upon all the benefited property in the district an amount equal to the total amount necessary for district operations. The amount necessary for district operations is the total of:

(a) (i) the estimated amount for improvements as authorized in 7-14-2903; and

(ii) the amount necessary to pay for debts for authorized improvements that cost more than estimated in previous years;

(b) less any amount in the road improvement district fund, as provided for in 7-14-2908, that may be unspent, unencumbered, and available for district use.

(4) (a) It is the duty of the county treasurer to collect the assessments in the same manner and at the same time as taxes for general purposes are collected.

(b) When an assessment becomes delinquent, the unpaid amount becomes a lien on the assessed parcel of land. The collection of delinquent assessments or enforcement of a lien may be made by any method authorized by law for the collection or payment of taxes."

Section 63. Section 7-14-4110, MCA, is amended to read:

"7-14-4110. Assessments for costs. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the payment of assessments to defray the cost of construction of the sidewalks, curbs, and gutters referred to in 7-14-4109 or any combination ~~thereof~~ of sidewalks, curbs, and gutters or alley approach may be spread over a term of not to exceed 12 years, payment to be made in equal annual installments.

(2) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the city council shall, annually before the first Monday of October, pass and adopt a resolution levying an assessment and tax against each lot or parcel of land in front of which sidewalks, curbs, and gutters or any combination ~~thereof have~~ of sidewalks, curbs, and gutters has been constructed under orders of the city council or each lot or parcel of land having access to ~~said~~ the property via the alley approach ~~which~~ that has been constructed under orders of the city council. ~~Said~~ The resolution levying ~~such~~ the assessment ~~shall~~ must be in every manner prepared and certified the same as resolutions levying assessments for the making of improvements in special improvement districts."

Section 64. Section 7-21-2103, MCA, is amended to read:

"7-21-2103. Determination of persons required to obtain licenses -- classes of licenses. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the county treasurer ~~must~~ shall make diligent inquiry as to all persons in ~~his~~ the county liable to pay a license fee as provided in this part.

(2) Whenever the licenses are divided into classes, the county treasurer ~~must~~ shall require each person to state, under oath or affirmation, the probable amount of business ~~which he~~ that the person, the firm of which he the person is a member or for which he the person is an agent or attorney, or the association or corporation of which he the person is the president, secretary, or managing agent will do in the succeeding 3 months. ~~Thereupon such~~ The person, agent, president, secretary, or other officer ~~must~~ shall procure a license from the county treasurer for the term desired and the proper class. In all cases ~~where~~ in which an underestimate has been made by the party applying, the party making the underestimate or the company he that the party represented is required to pay double the sum otherwise required for a license for the next quarter."

Section 65. Section 7-21-3407, MCA, is amended to read:

"7-21-3407. Duties of county fair commission. (1) The commission shall do all things necessary to hold a successful annual county agricultural fair in their respective counties, including:

(a) employment of labor;

(b) awarding of prizes;

(d) subject to Article VIII, section 17, of the Montana constitution, charging admission and entrance fees; and

(e) everything necessary in conducting the continuing operation of the county fairgrounds and buildings.

(2) The commission ~~shall have~~ has charge of all fairgrounds and fair property."

Section 66. Section 7-21-4101, MCA, is amended to read:

"7-21-4101. General licensing power of municipalities. (1) The city or town council has power:

(a) to license by ordinance all industries, pursuits, professions, and occupations and to impose penalties for failure to comply with ~~such~~ license requirements;

(b) subject to Article VIII, section 17, of the Montana constitution, to fix the amount, terms, and manner of issuing and revoking licenses.

(2) The council may refuse to issue licenses when it ~~may deem~~ considers it best for the public interests."

Section 67. Section 7-32-2141, MCA, is amended to read:

"7-32-2141. Fees of sheriff. (1) For the services provided in subsections (1)(a) through (1)(n), the sheriff shall receive the fees, if any, set by the county governing body, in accordance with Article VIII, section 17, of the Montana constitution. If fees have not been set by the county governing body, the sheriff shall receive the following:

(a) for the service of summons and complaint on each defendant, $5;

(b) for making a return of a summons for a person not found in the county, in addition to actual mileage traveled, $5;

(d) for service of attachment on the body or order of arrest on each defendant, $5;

(e) for the service of affidavit, order, and undertaking in claim and delivery, $5;

(f) for serving a subpoena, $2.50 for each witness summoned;

(g) for serving a writ of possession or restitution, $5;

(h) for trial of the right of property or damages, including all services except mileage, $7;

(i) for taking bond or undertaking in any case authorized by law, $5;

(j) for serving every notice, rule, or order, $5 for each person served;

(k) for a copy of any writ, process, or other paper when demanded or required by law, 25 cents for each page;

(l) for posting notices and advertising any property for sale on execution or under any judgment or order of sale, exclusive of cost of publication, $5;

(m) for holding any sheriff's sale for personal or real property on execution or under any judgment or order of sale, $7.50;

(n) for cancellation or postponement of sheriff's sale, $5.

(2) All fees collected by the sheriff for the services provided in subsection (1) must be paid to the county treasurer as provided in 7-4-2511(1), and the fees must be deposited by the county treasurer in the general fund of the county unless the county has instituted a public safety levy, in which case the fees must be deposited in the account established pursuant to 7-6-2513."

Section 68. Section 7-33-2401, MCA, is amended to read:

"7-33-2401. Fire service area -- establishment -- alteration -- dissolution. (1) Upon receipt of a petition signed by at least 30 owners of real property in the proposed service area, or by a majority of the owners of real property if there are no more than 30 owners of real property in the proposed service area, the board of county commissioners may establish a fire service area within an unincorporated area not part of a rural fire district in the county to provide the services and equipment set forth in 7-33-2402.

(2) To establish a fire service area, the board shall:

(a) pass a resolution of intent to form the area, with public notice as provided in 7-1-2121 and written notice as provided in 7-1-2122;

(b) hold a public hearing no earlier than 30 or later than 90 days after passage of the resolution of intent;

(i) accept written protests from property owners of the area of the proposed area; and

(ii) receive general protests and comments relating to the establishment of the fire service area and its boundaries, rates, kinds, types, or levels of service, or any other matter relating to the proposed fire service area; and

(d) pass a resolution creating the fire service area. The area is created effective 60 days after passage of the resolution unless by that date more than 50% of the property owners of the proposed fire service area protest its creation.

(3) ~~Based~~ Subject to Article VIII, section 17, of the Montana constitution and based on testimony received in the public hearing, the board in the resolution creating the fire service area may establish different boundaries, establish a different fee schedule than proposed, change the kinds, types, or levels of service, or change the manner in which the area will provide services to its residents.

(4) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the board of county commissioners may alter the boundaries or the kinds, types, or levels of service or dissolve a fire service area, using the same procedures required for the creation of a fire service area. Any existing indebtedness of a fire service area that is dissolved remains the responsibility of the owners of property within the area, and any assets remaining after all indebtedness has been satisfied must be returned to the owners of property within the area."

Section 69. Section 7-33-2404, MCA, is amended to read:

"7-33-2404. Financing of fire service area -- fee on structures. (1) In the resolution creating the fire service area and by resolution as necessary after creation of the fire service area, the board of county commissioners shall, subject to Article VIII, section 17, of the Montana constitution, establish a schedule of rates to be charged owners of structures that are benefited by the services offered by the fire service area.

(2) The rates must be applied on a fair and equal basis to all classes of structures benefited by the fire service area.

(3) The board of county commissioners shall collect the funds necessary to operate the fire service area by charging the area rate as a special assessment on the owners of structures and shall collect the assessments with the general taxes of the county. The assessments are a lien on the assessed property.

(4) The board of county commissioners or the trustees, if the fire service area is governed by trustees under 7-33-2403, may pledge the income of the fire service area to secure financing necessary to procure equipment and buildings to house the equipment. The outstanding amount of the indebtedness may not exceed 18% of the taxable valuation of the area."

Section 70. Section 7-34-103, MCA, is amended to read:

"7-34-103. Manner of providing ambulance service. If a county, city, or town establishes or maintains ~~such~~ an ambulance service it may, acting through its governing board:

(1) operate the service itself or contract for ~~such~~ the service;

(2) buy, rent, lease, or otherwise contract for vehicles, equipment, facilities, operators, or attendants;

(3) adopt rules and subject to Article VIII, section 17, of the Montana constitution, establish fees or charges for the furnishing of such ambulance service."

Section 71. Section 13-2-115, MCA, is amended to read:

"13-2-115. Registration lists to be prepared. (1) Except as provided in subsections (6) and (7), immediately after registration is closed, the election administrator shall prepare and ~~must~~ have printed lists of all registered electors in each precinct. Names of electors must be listed alphabetically, with their residence address or with a mailing address if located where street numbers are not used. A preliminary list of registered electors may be printed before the close of registration for an election. If a preliminary list is printed, a supplementary list must be printed after the close of registration.

(2) A copy of the list of registered voters must be displayed at the polling place. Extra copies of the lists must be retained by the election administrator and furnished to an elector upon request.

(3) The list of registered electors prepared for a primary election may be used for the general election if a supplemental list giving the additions and deletions since the primary list was prepared is printed. The election administrator may prepare lists for a special election, but lists are not required to be printed for special elections.

(4) Lists of registered voters need not be printed if the election will not be held.

(5) The election administrator shall forward a list of all registered electors in the county to the secretary of state, as provided in 13-2-123. The secretary of state shall use the lists submitted by election administrators to compile and maintain a list of all registered electors in the state. Upon written request, the secretary of state shall furnish to any elector, for noncommercial use, a current list of registered electors. Upon delivery of the list to the elector, the secretary of state shall charge and collect a fee ~~commensurate with~~, in effect on November 3, 1998, for the cost of compiling and maintaining the list and of reproducing the list in the format requested by the elector.

(6) If a law enforcement officer or reserve officer, as defined in 7-32-201, requests in writing that, for security reasons, the officer's and the officer's spouse's residential address, if the same as the officer's, not be disclosed, the registrar may not include the address on any list of registered voters but shall list only the name or names.

(7) (a) Upon the request of an individual, an election administrator may not include the individual's residential address on any list of registered voters but shall list only the name or names if the individual:

(i) proves to the election administrator that the individual, or a minor in the custody of the individual, has been the victim of partner or family member assault, stalking, custodial interference, or other offense involving bodily harm or threat of bodily harm to the individual or minor; or

(ii) proves to the election administrator that a temporary restraining order or injunction has been issued by a judge or magistrate to restrain another person's access to the individual or minor.

(b) Proof of the victimization is conclusive upon exhibition to the election administrator of a criminal judgment, information and judgment, or affidavit of a county attorney clearly indicating the conviction and the identity of the victim.

(c) Proof of the issuance of a temporary restraining order or injunction is conclusive upon exhibition to the election administrator of the temporary restraining order or injunction."

Section 72. Section 13-27-208, MCA, is amended to read:

"13-27-208. Petitions to be made available in each county election administrator's office. When the secretary of state sends written notice of the approval of the form of a petition as required under 13-27-202(4), he the secretary of state shall forward a copy of the petition, along with signature sheets, to the election administrator of each county. The election administrator shall make a copy of each approved petition available for reading and signing in ~~his~~ the election administrator's office during business hours in an election year until the petitions are submitted under 13-27-301. The secretary of state may charge the person who submitted the petition a the fee in effect on November 3, 1998, sufficient to reimburse the secretary of state for the cost of providing copies of the petition and signature sheets to each county election administrator."

Section 73. Section 15-1-708, MCA, is amended to read:

"15-1-708. Release of lien. (1) Upon payment in full of the unpaid tax plus penalty, if any, and accumulated interest, the department shall release the lien acquired by filing the warrant for distraint.

(2) Upon partial payment or whenever the department determines that a release or partial release of the lien will facilitate the collection of the unpaid tax, penalty, and interest, the department may release or may partially release the lien acquired by filing the warrant for distraint. The department may release the lien if it determines that the lien is unenforceable.

(3) (a) After making all reasonable efforts to collect unpaid taxes, penalties, and interest on the taxes and penalties, the department may determine a debt to be uncollectible. Upon determining that a debt is uncollectible, the department may transfer the debt to the department of administration for collection as provided in 17-4-104.

(b) Subject to approval by the department, reasonable fees or costs of collection incurred by the department of administration, in effect on November 3, 1998, may be added to the amount of the debt, including added fees or costs. The debtor is liable for repayment of the amount of the debt plus fees or costs added pursuant to this subsection. All money collected must be returned to the department to be applied to the debt, except that all fees or costs collected must be retained by the department of administration. If less than the full amount of the debt is collected, the department of administration shall retain only a proportionate share of the collection fees or costs."

Section 74. Section 15-18-211, MCA, is amended to read:

"15-18-211. Tax deed -- fee. (1) Except as provided in subsection (3), if the property tax lien is not redeemed in the time allowed under 15-18-111, the county treasurer shall grant the purchaser a tax deed for the property. The deed must contain the same information as is required in a tax sale certificate under 15-17-212, except the description of the property must be the full legal description, and a statement that the property tax lien was not redeemed during the redemption period provided in 15-18-111.

(2) (a) Except as provided in subsection (2)(b), the county treasurer shall charge the purchaser $25 plus all actual costs incurred by the county in giving the notice or assisting another purchaser or assignee in giving the notice required in 15-18-212 for making the deed as established on November 3, 1998.~~, which~~ The fee must be deposited in the county general fund.

(b) If the purchaser is the county, no a fee may not be charged for making the deed.

(c) Reasonable costs incurred by the county in searching the county records to identify persons entitled to notice are considered part of the actual costs of the notice provided in subsection (2)(a).

(3) If the purchaser is the county and no assignment has been made, the county treasurer may not issue a tax deed to the county unless the board of county commissioners, by resolution, directs ~~him~~ the county treasurer to issue a tax deed.

(4) Deeds issued to purchasers must be recorded by the county clerk as provided in Title 7, chapter 4, part 26, except that when the county is the purchaser and subsequent tax deed holder, the county clerk may not charge a fee for recording the deed."

Section 75. Section 15-62-201, MCA, is amended to read:

"15-62-201. Program requirements -- application -- establishment of account -- qualified and nonqualified withdrawal -- penalties. (1) A person who wishes to deposit money into an account to pay the qualified higher education expenses of a designated beneficiary shall:

(a) complete an application on the form prescribed by the board that includes:

(i) the name, address, and social security number or employer identification number of the contributor;

(ii) the name, address, and social security number of the account owner if the account owner is not the contributor;

(iii) the name, address, and social security number of the designated beneficiary;

(iv) the certification relating to no excess contributions adopted by the board pursuant to 20-25-902; and

(v) any other information required by the board;

(b) pay the one-time application fee established by the board and in effect on November 3, 1998;

(d) designate the type of account to be opened if more than one type of account is offered.

(2) A person shall make contributions to an opened account in cash.

(3) An account owner may withdraw all or part of the balance from an account under rules prescribed by the board to enable the board or program manager to determine if a withdrawal is a nonqualified withdrawal or a qualified withdrawal. The rules may require that:

(a) account owners seeking to make a qualified withdrawal or other withdrawal that is not a nonqualified withdrawal shall provide certifications, copies of bills for qualified higher education expenses, or other supporting material;

(b) qualified withdrawals from an account be made only by a check payable jointly to the designated beneficiary and a higher education institution; and

(c) withdrawals not meeting certain requirements be treated as nonqualified withdrawals by the program manager, and if these withdrawals are not nonqualified withdrawals, the account owner shall seek refunds of penalties directly from the board.

(4) If a nonqualified withdrawal is made from an account, an amount equal to 10% of the portion of the proposed withdrawal that would constitute income as determined in accordance with section 529 of the Internal Revenue Code, 26 U.S.C. 529, must be withheld as a penalty and paid to the board for use in operating and marketing the program and for state student financial aid. A nonqualified withdrawal constitutes income for Montana purposes to the extent it was previously deducted from income in calculating Montana individual income taxes.

(5) The board, by rule, shall increase the percentage of the penalty prescribed in subsection (4) or change the basis of this penalty if the board determines that the amount of the penalty must be increased to constitute a minimum penalty for purposes of qualifying the program as a qualified state tuition program under section 529 of the Internal Revenue Code, 26 U.S.C. 529.

(6) The board may decrease the percentage of the penalty prescribed in subsection (4) if:

(a) the penalty is greater than is required to constitute a minimum penalty for purposes of qualifying the program as a qualified state tuition program under section 529 of the Internal Revenue Code, 26 U.S.C. 529; or

(b) the penalty, when combined with other revenue generated under this chapter, is producing more revenue than is required to cover the costs of operating and marketing the program and to recover any costs not previously recovered.

(7) If an account owner makes a nonqualified withdrawal and a penalty amount is not withheld pursuant to subsection (4) or the amount withheld was less than the amount required to be withheld under that subsection for nonqualified withdrawals, the account owner shall pay:

(a) the unpaid portion of the penalty to the board at the same time that the account owner files a federal and state income tax return for the taxable year of the withdrawal; or

(b) if the account owner does not file a return, the unpaid portion of the penalty on the due date for federal and state income tax returns, including any authorized extensions.

(8) Each account must be maintained separately from each other account under the program.

(9) Separate records and accounting must be maintained for each account for each designated beneficiary.

(10) A contributor to, account owner of, or designated beneficiary of an account may not direct the investment of any contributions to any account or the earnings generated by the account and may not pledge the interest of an account or use an interest in an account as security for a loan.

(11) If the board terminates the authority of a financial institution to hold accounts and accounts must be moved from that financial institution to another financial institution, the board shall select the financial institution and type of investment to which the balance of the account is moved unless the internal revenue service provides guidance stating that allowing the account owner to select among several financial institutions that are then contractors would not cause a plan to cease to be a qualified state tuition plan.

(12) If there is any distribution from an account to any person or for the benefit of any person during a calendar year, the distribution must be reported to the internal revenue service and the account owner or the designated beneficiary to the extent required by federal law.

(13) The financial institution shall provide statements to each account owner at least once each year within 31 days after the 12-month period to which they relate. The statement must identify the contributions made during a preceding 12-month period, the total contributions made through the end of the period, the value of the account as of the end of this period, distributions made during this period, and any other matters that the board requires be reported to the account owner.

(14) Statements and information returns relating to accounts must be prepared and filed to the extent required by federal or state tax law or by administrative rule.

(15) A state or local government or organizations described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3), may, without designating a designated beneficiary, open and become the account owner of an account to fund scholarships for persons whose identity will be determined after an account is opened."

Section 76. Section 16-1-303, MCA, is amended to read:

"16-1-303. Department rules. (1) The department and the department of justice may make rules not inconsistent with this code necessary to efficiently administer this code.

(2) Rules made by the department may include but are not limited to the following:

(a) regulating the contractual operation of agency liquor stores and warehouses in which liquor is kept or sold and prescribing the books and records to be kept;

(b) prescribing the duties of department employees and regulating their conduct while in the discharge of their duties;

(d) determining the classes, varieties, and brands of liquor to be available for distribution from the state liquor warehouse;

(e) prescribing the minimum hours during which agency liquor stores must be open for the sale of alcoholic beverages;

(f) providing for the issuing and distributing of price lists showing the price to be paid by purchasers for each class, variety, or brand of liquor kept for sale;

(g) prescribing forms to be used for the purpose of this code or the rules and the terms and conditions for permits and licenses issued and granted under this code;

(h) prescribing the form of records of purchase of liquor and the reports to be made to the department and providing for inspection of the records;

(i) prescribing the manner of giving and serving notices required by this code or the rules;

(j) prescribing the fees payable for permits and licenses issued under this code for which fees are not prescribed in this code and prescribing the fees for anything done or permitted to be done under the rules in effect on November 3, 1998;

(k) prescribing, subject to the provisions of this code, the conditions and qualifications necessary for the obtaining of alcoholic beverage licenses and the books and records to be kept and the returns to be made by the licensees;

(l) specifying and describing the place and the manner in which alcoholic beverages may be lawfully kept or stored;

(m) specifying and regulating the time when and the manner by which vendors and brewers may deliver alcoholic beverages under this code and the time when and the manner by which alcoholic beverages, under this code, may be lawfully conveyed or carried;

(n) governing the conduct, management, and equipment of any premises licensed to sell alcoholic beverages under this code;

(o) providing for the imposition and collection of taxes and making rules respecting returns, accounting, and payment of the taxes to the department.

(3) The department of justice may adopt rules to administer and implement its responsibilities under this title, including but not limited to rules providing for the inspection of licensed premises or premises where the sale of liquor has been proposed.

(4) Whenever this code provides that an act may be done if authorized by rules, the department, subject to the restrictions in subsection (1), may make rules respecting the act.

(5) The department shall use the negotiated rulemaking procedures contained in Title 2, chapter 5, for the purpose of adoption of rules related to the operation of agency liquor stores. However, the department may not be required to pay any expenses of the participants or of any persons engaged in the rulemaking process as provided for in 2-5-110."

Section 77. Section 16-4-503, MCA, is amended to read:

"16-4-503. City and county licenses -- fees. The city council of any incorporated town or city or the county commissioners outside of any incorporated town or city may provide for the issuance of licenses to persons to whom a retail license has been issued under the provisions of this code and may, subject to Article VIII, section 17, of the Montana constitution, fix license fees, not to exceed a sum equal to five-eighths of the fee for an all-beverages license or 100% of the fee for a beer or beer and wine license collected by the department from such licensee under this code."

Section 78. Section 19-2-403, MCA, is amended to read:

"19-2-403. Powers and duties of board. (1) The board shall administer the provisions of the chapters enumerated in 19-2-302.

(2) The board may establish rules that it considers proper for the administration and operation of the retirement systems and enforcement of the chapters under which each retirement system is established.

(3) The board shall establish uniform rules that are necessary to determine service credit for fractional years of service.

(4) The board shall determine who are employees within the meaning of each retirement system. The board is the sole authority for determining the conditions under which persons may become members of and receive benefits under the retirement systems.

(5) The board shall determine and may modify retirement benefits under the retirement systems.

(6) In matters of board discretion under the systems, the board shall treat all persons in similar circumstances in a uniform and nondiscriminatory manner.

(7) The board shall maintain records and accounts it determines necessary for the administration of the retirement systems.

(8) Upon the basis of the findings of the actuary pursuant to 19-2-405, the board shall adopt actuarial tables and rates of regular interest it determines appropriate for the administration of the retirement systems.

(9) The board shall review the sufficiency of benefits paid by the retirement system and recommend to the legislature those changes in benefits that may be necessary for retired members and their beneficiaries to maintain a stable standard of living.

(10) The board may implement third-party mailings under the provisions of 2-6-109. If third-party mailings are implemented, the board shall adopt rules governing means of implementation, including the specification of eligible third parties, appropriate materials, and applicable fees, in effect on November 3, 1998, and procedures. Fees generated by third-party mailings must be deposited in an account in the state special revenue fund and must be appropriated to the board for the benefit of participants of retirement systems administered by the board."

Section 79. Section 19-2-907, MCA, is amended to read:

"19-2-907. Alternate payees -- family law orders. (1) A participant in a retirement system may have the participant's rights modified or recognized by a family law order.

(2) For purposes of this section:

(a) "family law order" means a judgment, decree, or order of a court of competent jurisdiction under Title 40 concerning child support, parental support, spousal maintenance, or marital property rights that includes a transfer of all or a portion of a participant's payment rights in a retirement system to an alternate payee in compliance with this section; and

(b) "participant" means a member or an actual or potential beneficiary, survivor, or contingent annuitant of a retirement system designated pursuant to Title 19, chapter 3, 5, 6, 7, 8, 9, 13, or 17.

(3) A family law order must identify an alternate payee by full name, current address, and social security number. An alternate payee's rights and interests granted in compliance with this section are not subject to assignment, execution, garnishment, attachment, or other process. An alternate payee's rights or interests may be modified only by a family law order amending the family law order that established the right or interest.

(4) A family law order may not require:

(a) a type or form of benefit, option, or payment not available to the affected participant under the appropriate retirement system; or

(b) an amount or duration of payment greater than that available to a participant under the appropriate retirement system.

(5) A family law order may only provide for payment to an alternate payee as follows:

(a) Service retirement benefit payments or withdrawals of member contributions may be apportioned by directing payment of a percentage of the amount payable or payment of a fixed amount of no more than the amount payable to the participant.

(b) The maximum amount of disability or survivorship benefits that may be apportioned to alternate payees is the monthly benefit amount that would have been payable on the date of termination of service if the member had retired without disability or death. Conversion of a disability retirement to a service retirement pursuant to 19-2-406(4), 19-3-1015(2), 19-6-612(2), or 19-8-712(2) does not increase the maximum monthly amount that may be apportioned to an alternate payee.

(c) Retirement benefit adjustments for which a participant is eligible after retirement may be apportioned only if existing benefit payments are apportioned. The adjustments must be apportioned in the same ratio as existing benefit payments.

(d) Payments must be limited to the life of the appropriate participant. The duration of payments to an alternate payee may be further limited only to a specified maximum time, the life of the alternate payee, or the life of a specified participant. Payments to an alternate payee may be limited to a specific amount per month if the number of payments is specified. The alternate payee's rights and interests survive the alternate payee's death and may be transferred by inheritance.

(e) The participant may be required to choose a specified form of benefit payment or designate a beneficiary or contingent annuitant if the retirement system allows for that option.

(6) The board may assess a participant or an alternate payee for all costs of reviewing and administering a family law order, including reasonable attorney fees. The board may adopt rules to implement this section. The rules establishing costs for reviewing and administering family law orders are those in effect on November 3, 1998.

(7) Each family law order establishing a final obligation concerning payments by the retirement system must contain a statement that the order is subject to review and approval by the board."

Section 80. Section 19-20-305, MCA, is amended to read:

"19-20-305. Alternate payees -- family law orders. (1) A participant in a retirement system may have the participant's rights modified or recognized by a family law order.

(2) For purposes of this section:

(a) "participant" means a member, retiree, or an actual or potential beneficiary, survivor, or contingent annuitant of the retirement system designated pursuant to this chapter; and

(b) "family law order" means a certified copy of a judgment, decree, or order of a court with competent jurisdiction concerning child support, parental support, spousal maintenance, or marital property rights that includes a transfer of all or a portion of a participant's payment rights in a retirement system to an alternate payee in compliance with this section.

(4) A family law order may not require:

(a) a type or form of benefit, option, or payment not available to the affected participant under the appropriate retirement system; or

(b) an amount or duration of payment greater than that available to a participant under the appropriate retirement system.

(5) A family law order may only provide for payment to an alternate payee as follows:

(e) The participant may be required to choose a specified form of benefit payment or designate a beneficiary or contingent annuitant if the retirement system allows for that option.

(7) Each family law order establishing a final obligation concerning payments by the retirement system must contain a statement that the order is subject to review and approval by the board."

Section 81. Section 20-4-109, MCA, is amended to read:

"20-4-109. Fees for teacher and specialist certificates. (1) A person applying for the issuance or renewal of a teacher or specialist certificate shall pay a fee, in effect on November 3, 1998, not to exceed $6 for each school fiscal year that the certificate is valid. In addition to this fee, a person who has never held any class of Montana teacher or specialist certificate or for whom an emergency authorization of employment has never been issued shall pay a filing fee of $6. The fees must be paid to the superintendent of public instruction, who shall deposit the fees with the state treasurer to the credit of the state special revenue fund account, created in subsection (2), to be used in the following manner:

(a) $3 for expenses of the certification standards and practices advisory council created in 2-15-1522;

(b) $3 to the board of public education to be used by the certification standards and practices advisory council for research in accordance with the duties of the council provided for in 20-4-133.

(2) There is an account in the state special revenue fund. Money from fees for teacher or specialist certificates required in subsection (1) must be deposited in the account."

Section 82. Section 20-4-111, MCA, is amended to read:

"20-4-111. Emergency authorization of employment. (1) A district may request from the superintendent of public instruction an emergency authorization of employment for a person who is not the holder of a valid teacher or specialist certificate as an instructor of pupils when the district cannot secure the services of a person holding a valid certificate. The person must have previously held a valid teacher or specialist certificate or shall meet the standards of preparation prescribed by the policies of the board of public education for and during an emergency. Emergency authorization of employment must indicate:

(a) the district to which the authorization is issued;

(b) the person whom the district is authorized to employ;

(c) the endorsement for elementary or secondary instruction and the specific subject fields for which authorization to employ the person is given; and

(d) the school fiscal year for which the emergency authorization of employment is given.

(2) Emergency authorization of employment of a person is valid for the school fiscal year identified on the authorization and may be renewed in accordance with the board of public education policies. A fee, in effect on November 3, 1998, and not to exceed $6 and, if no a teacher or specialist certificate or emergency authorization of employment has ~~ever~~ never been issued for the person, a filing fee of $6 must be paid for the issuance of an emergency authorization of employment. The superintendent of public instruction shall deposit the fees with the state treasurer to the credit of the general fund.

(3) Emergency authorization of employment of a person may be revoked for good cause in accordance with the provisions of 20-4-110."

Section 83. Section 20-7-513, MCA, is amended to read:

"20-7-513. Motorcycle safety training course -- fee. (1) The superintendent may charge a fee, in effect on November 3, 1998, for the cost of conducting motorcycle safety training courses. The fee must be deposited in the state traffic education account, as provided in 20-7-504.

(2) The superintendent may contract with qualified persons throughout the state to conduct motorcycle safety training courses outside of the formal education system at times and places that will attract the greatest number of students.

(3) State agencies and subdivisions of the state may provide facilities such as classrooms and outdoor paved areas or other resources for conducting motorcycle safety training courses.

(4) Subject to the availability of funds, the superintendent may pay for construction, repair, or purchases or award grants from the state traffic education account to provide facilities for motorcycle safety training courses."

Section 84. Section 20-8-102, MCA, is amended to read:

"20-8-102. Objects and purposes -- assistance to programs -- fee. (1) The Montana school for the deaf and blind is a residential and day school for children and adolescents who are deaf or blind or whose hearing or sight is so defective that they cannot be successfully taught and are unable to receive a sufficient or proper education in the public schools of the state.

(2) The school shall serve as a consultative resource for parents of hearing impaired and visually impaired children not yet enrolled in an educational program and for public schools of the state where hearing impaired or visually impaired children are enrolled. The school upon request shall ensure that services and programs for hearing impaired or visually impaired children are appropriate and sufficient. The school may provide assistance to the programs that the school determines is needed. The school shall collect a reasonable fee, in effect on November 3, 1998, for the assistance from the public school or other responsible agency receiving the assistance. ~~The fee must be in an amount sufficient to cover the cost of services provided.~~

(3) The object and purpose of the school is to furnish and provide, by the use of specialized methods and systems, an education for the hearing impaired and visually impaired children of this state that is commensurate with the education provided to nonhandicapped children in the public schools and that will enable children being served by the school to become independent and self-sustaining citizens."

Section 85. Section 20-9-214, MCA, is amended to read:

"20-9-214. Fees. (1) The trustees of a district may:

(a) require pupils in the commercial, industrial arts, music, domestic science, scientific, or agricultural courses to pay reasonable fees, in effect on November 3, 1998, to cover the actual cost of breakage and of excessive supplies used; and

(b) charge pupils a reasonable fee for a course or activity not reasonably related to a recognized academic and educational goal of the district or a course or activity held outside normal school functions, if the course or activity is available from another source within the district. If the course or activity is not available from another source within the district, the trustees shall either charge the fee in effect on November 3, 1998, or submit the new fee or fee increase to the electors of the district for approval. The trustees may waive the fee in cases of financial hardship.

(2) The fees collected pursuant to subsection (1)(a) must be deposited in the general fund, and the fees collected pursuant to subsection (1)(b) must be deposited in a nonbudgeted fund as provided in 20-9-210."

Section 86. Section 20-26-1121, MCA, is amended to read:

"20-26-1121. Fees. A licensing authority subject to this part may charge the debtor a fee, in effect on November 3, 1998, to cover the administrative costs incurred by the licensing authority under this part. Fees collected pursuant to this section by a licensing authority with a state special revenue fund must be deposited in the state special revenue fund for the use of the licensing authority to pay the costs of administering 20-26-1115 through 20-26-1121. Fees collected pursuant to this section by a licensing authority without a state special revenue fund must be deposited in the general fund."

Section 87. Section 20-31-402, MCA, is amended to read:

"20-31-402. Cost recovery fee. The board of regents may establish a cost recovery fee for training of commercially employed firefighters~~, and such~~. The fee is the amount in effect on November 3, 1998. The fees ~~shall~~ must be deposited to in the general fund."

Section 88. Section 22-3-804, MCA, is amended to read:

"22-3-804. Board -- composition -- rights -- responsibilities. (1) There is a burial preservation board. The board is composed of:

(a) one representative of each of the seven reservations, appointed by the governor from a list of up to three nominees provided by each of the respective tribal governments;

(b) one person appointed by the governor from a list of up to three nominees submitted by the Little Shell band of Chippewa Indians;

(c) one person appointed by the governor from a list of up to three nominees submitted by the Montana state historic preservation officer;

(d) one representative of the Montana archaeological association appointed by the governor from a list of up to three nominees submitted by the Montana archaeological association;

(e) one physical anthropologist appointed by the governor;

(f) one representative of the Montana coroners' association appointed by the governor from a list of up to three nominees submitted by the Montana coroners' association; and

(g) one representative of the public, appointed by the governor, who is not associated with tribal governments; state government; the fields of historic preservation, archaeology, or anthropology; or the Montana coroners' association.

(2) Members of the board shall serve staggered 2-year terms. A vacancy on the board must be filled in the same manner as the original appointment and only for the unexpired portion of the term.

(3) The board shall:

(a) provide for the establishment and maintenance of a registry of burial sites located in the state;

(b) designate the appropriate member or members of the board or a representative or representatives of the board to conduct a field review upon notification of the discovery of human skeletal remains, a burial site, or burial materials;

(c) assist interested landowners in the development of agreements with the board for the treatment and disposition, with appropriate dignity, of human skeletal remains and burial material;

(d) mediate, upon application of either party, disputes that may arise between a landowner and known descendants that relate to the treatment and disposition of human skeletal remains and burial material;

(e) assume responsibility for final treatment and disposition of human skeletal remains and burial material if the field review recommendation is not accepted by the board's representatives and the landowner;

(f) establish a nonrefundable application fee, in effect on November 3, 1998, and not to exceed $50, for a permit for scientific analysis of human skeletal remains or burial material from burial sites as provided by 22-3-806;

(g) issue permits authorizing scientific analysis;

(h) accept grants or real or in-kind donations to carry out the purposes of this part;

(i) adopt rules necessary to administer and enforce the provisions of this part; and

(j) perform any other duties necessary to implement the provisions of this part.

(4) The board is allocated to the department of commerce for administrative purposes only as prescribed in 2-15-121.

(5) Members of the board shall serve without pay but are entitled to reimbursement for travel, meals, and lodging pursuant to 2-18-501 through 2-18-503."

Section 89. Section 23-1-105, MCA, is amended to read:

"23-1-105. Fees and charges. (1) The department ~~shall have power to~~ may levy and collect reasonable fees or other charges, in effect on November 3, 1998, for the use of privileges and conveniences as may be provided and to grant concessions as it considers advisable, except as provided in subsection (2). All money derived from the activities of the department must be deposited in the state treasury in a state special revenue fund to the credit of the department.

(2) Overnight camping fees established by the department under subsection (1) must be discounted 50% for a campsite rented by a person who is a resident of Montana as defined in 87-2-102 and either 62 years of age or older or certified as disabled in accordance with rules adopted by the department.

(3) For a violation of any fee collection rule involving a vehicle, the registered owner of the vehicle at the time of the violation is personally responsible if an adult is not in the vehicle at the time the violation is discovered by an authorized officer. A defense that the vehicle was driven into the fee area by another person is not allowable unless it is shown that at that time the vehicle was being used without the consent of the registered owner.

(4) Money received from the collection of fees and charges is not subject to the deposit requirements of 17-6-105. The department shall deposit money collected under this section within a reasonable time after receipt."

Section 90. Section 23-2-408, MCA, is amended to read:

"23-2-408. Rulemaking authority. The commission has authority to provide for the administration of the Smith River waterway. The commission may adopt rules to:

(1) regulate and allocate recreational and commercial floating and camping to preserve the biological and social benefits of recreational and commercial use of the Smith River waterway in its natural state. Recreational use may be restricted to preserve the experience of floating, fishing, and camping in a natural environment and to protect the river's fish, wildlife, water, and canyon resources. The restrictions must:

(a) consider the tolerance of adjacent landowners to recreational use;

(b) consider the capability of the river and adjoining lands to accommodate floating and camping use; and

(c) ensure an acceptable level of user satisfaction, including minimizing user conflicts and providing for a level of solitude.

(2) restrict recreational use, if necessary, through the implementation of a permit system. An allocation of a portion of the permits may be made to licensed outfitters to preserve the availability of outfitting services to the public.

(3) regulate the activities of recreational and commercial users of the water and land in the Smith River waterway that are legally accessible to the public and regulate the land in the river corridor that is under the control of the department and commission:

(a) for the purposes of safety, health, and protection of property;

(b) to preserve the experience of floating, fishing, and camping in a natural environment;

(d) to minimize conflicts between recreationists and private landowners; and

(4) ~~establish~~ impose recreational and commercial user fees, in effect on November 3, 1998, for floating and camping on the Smith River waterway."

Section 91. Section 23-3-501, MCA, is amended to read:

"23-3-501. Licenses -- fees. (1) The board may issue a renewable license to a professional or semiprofessional boxing or wrestling promoter, whether an individual or organization, for the sole purpose of conducting professional or semiprofessional matches or exhibitions.

(2) The board may issue renewable licenses to qualified referees, managers, boxers, wrestlers, seconds, trainers, and judges.

(3) A license issued in accordance with subsections (1) and (2) expires on the date set by department rule and may be renewed upon payment of a fee ~~set by the board~~ in effect on November 3, 1998.

(4) Each application for a license under this section must be accompanied by a fee ~~set by the board, commensurate with costs related to~~, in effect on November 3, 1998, for the particular license as provided in 37-1-134."

Section 92. Section 23-4-104, MCA, is amended to read:

"23-4-104. Duties of board. The board shall adopt rules to govern race meets and the parimutuel system. These rules ~~shall~~ must include the following:

(1) definitions;

(2) auditing;

(3) supervision of the parimutuel system;

(4) corrupt practices;

(5) supervision, duties, and responsibilities of the executive secretary, presiding steward, racing secretary, and other racing officials;

(6) licensing of all personnel who have anything to do with the substantive operation of racing;

(7) the establishment of dates for race meets and meetings in the best interests of breeding and racing in this state;

(8) the veterinary practices and standards which must be observed in connection with race meets;

(9) absolute responsibility of trainers for the condition of horses and mules, regardless of the acts of third parties;

(10) licensing or renewal of a license of a person whose license has been suspended by the board or another horseracing jurisdiction;

(11) setting license fees ~~commensurate with the cost of issuing a license~~ as of November 3, 1998;

(12) the time, conduct, and supervision of simulcast races and parimutuel betting on simulcast races; and

(13) licensing, approval, and regulation of simulcast facilities."

Section 93. Section 23-4-201, MCA, is amended to read:

"23-4-201. Licenses. (1) It is unlawful for a person to hold a race meet, including simulcast race meets under the parimutuel system, in this state without a valid license issued by the department under this chapter. A person applying for a license to hold a race meet under this chapter shall file an application with the department ~~which shall~~ that must set forth the time, place, and number of days the license will continue and other information the board requires.

(2) A person who participates in a race meet ~~shall~~ must be licensed and charged an the annual fee set by the board and in effect on November 3, 1998.~~, which shall~~ The fee must be paid to the department and used for expenses of administering this chapter, subject to 37-1-101(6). Each person holding a license under this chapter shall comply with this chapter and with the rules adopted and orders issued by the board.

(3) A license may not be issued to a person who has failed to pay the fees, taxes, or money required under this chapter.

(4) Applications to hold race meets ~~shall~~ must be submitted to the department, and the board shall act on the applications within 30 days. The board is the sole judge of whether the race meet may be licensed and the number of days the meet may continue.

(5) The board shall require that a fair board and an independent racing association conducting race meets meet the requirements of the rules adopted by the board before granting a license.

(6) A racing association consisting of a local fair board or an association approved by a local fair board may apply for a license to hold a simulcast race meet in a simulcast facility.

(7) An unexpired license held by a person who violates this chapter or who fails to pay to the department the sums required under this chapter is subject to cancellation and revocation by the board."

Section 94. Section 23-5-128, MCA, is amended to read:

"23-5-128. Distributor's license -- fees. (1) It is a misdemeanor for a person to conduct business as a distributor without first obtaining a distributor's license from the department.

(2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for issuing or renewing a distributor's license. The department shall retain the fee for administrative purposes.

(3) A distributor's license expires June 30 of each year, and the license fee may not be prorated.

(4) Except as provided in subsection (6), the department may charge an the additional, one-time license application processing fee in effect on November 3, 1998, to cover the actual cost of processing the original license. The department shall refund any amount of the application processing fee not needed to reimburse the department for actual costs ~~or shall collect an amount sufficient to reimburse the department for actual costs not completely covered by the initial fee charged~~.

(5) The department shall retain for administrative purposes the license and application processing fees collected under this section.

(6) The department may waive the license fee provided for in subsection (2) if the applicant is licensed as a manufacturer or route operator and may waive the application processing fee provided for in subsection (4) if the applicant is licensed as a manufacturer, route operator, or operator."

Section 95. Section 23-5-152, MCA, is amended to read:

"23-5-152. Possession of illegal gambling device or conducting illegal gambling enterprise prohibited -- exceptions. (1) Except as provided in 23-5-153 and subsections (2) through (5) of this section, it is a misdemeanor punishable under 23-5-161 for a person to purposely or knowingly:

(a) have in the person's possession or under the person's control or permit to be placed, maintained, or kept in any room, space, enclosure, or building owned, leased, or occupied by or under the person's management or control an illegal gambling device; or

(b) operate an illegal gambling enterprise.

(2) Subsection (1) does not apply to a public officer or to a person coming into possession of an illegal gambling device in or by reason of the performance of an official duty and holding it to be disposed of according to law.

(3) (a) The department may adopt rules to license persons to manufacture gambling devices that are not legal for public play in the state.

(b) A person may not manufacture an illegal gambling device without having obtained a license from the department. The department may charge an the administrative fee in effect on November 3, 1998, for the license ~~that is commensurate with the cost of issuing the license~~.

(4) (a) A person licensed under subsection (3) may conduct only those activities authorized under this subsection (4).

(b) A licensee may bring an illegal gambling device, including an illegal video gambling machine, into the state if:

(i) the illegal gambling device contains a component that will be used by the licensee to manufacture an illegal gambling device for export from the state; or

(ii) the illegal gambling device will be reconditioned, refurbished, repaired, or otherwise substantially modified in preparation for export from the state; and

(iii) the illegal gambling device will be exported from the state; and

(iv) the licensee has notified the department and received authorization from the department to bring the illegal gambling device into the state. The licensee is subject to reporting requirements provided for in rules adopted under subsection (3)(a).

(i) the illegal video gambling machine will be reconditioned, refurbished, repaired, or otherwise substantially modified for conversion to an authorized video gambling machine; and

(ii) the licensee has notified the department and has received authorization from the department to bring the illegal video gambling machine into the state. The licensee is subject to reporting requirements provided for in rules adopted under subsection (3)(a).

(5) An illegal gambling device may be possessed or located for display purposes only and not for operation:

(a) in a public or private museum; or

(b) in any other public place if the device has been made permanently inoperable for purposes of conducting a gambling activity."

Section 96. Section 23-5-177, MCA, is amended to read:

"23-5-177. Operator of gambling establishment -- license -- fee. (1) It is a misdemeanor for a person who is not licensed by the department as an operator to make available to the public for play a gambling device or gambling enterprise for which a permit must be obtained from the department.

(2) To obtain an operator's license, a person shall submit to the department:

(a) a completed operator's license application on a form prescribed and furnished by the department;

(b) any other relevant information requested by the department; and

(3) Before issuing an operator's license, the department shall approve, in accordance with 23-5-117, the premises in which the gambling activity is to be conducted.

(4) Except as provided in 23-5-117, regardless of the number of on-premises alcoholic beverage licenses issued for a premises, the department may issue only one operator's license for the premises.

(5) An operator's license must include the following information:

(a) a description of the premises upon which the gambling will take place;

(b) the operator's name;

(c) a description of each gambling device or card game table for which a permit has been issued to the operator by the department for play upon the premises, including the type of game and permit number for each game; and

(d) any other relevant information determined necessary by the department.

(6) The operator's license must be issued annually along with all other permits for gambling devices or games issued to the operator.

(7) The operator's license must be updated each time a video gambling machine, bingo, keno, or card game table permit is newly issued or the machine or game is removed from the premises.

(8) The department shall charge an applicant ~~who has submitted an operator's license application on or after July 1, 1991, a~~ the one-time license application processing fee in effect on November 3, 1998, to cover the actual cost incurred by the department in determining whether the applicant qualifies for licensure under 23-5-176. After making its determination, the department shall refund any overpayment ~~or charge and collect amounts sufficient to reimburse the department for any underpayment of actual costs~~.

(9) The operator's license must be prominently displayed upon the premises for which it is issued."

Section 97. Section 23-5-424, MCA, is amended to read:

"23-5-424. Manufacturer's license for electronic bingo or keno equipment -- license and processing fees. (1) A person may not assemble, produce, manufacture, or supply electronic equipment for use in conducting live bingo or keno games in this state without obtaining an annual manufacturer's license from the department.

(2) The department shall charge an annual license fee of $1,000 for issuing or renewing a manufacturer's license.

(3) A manufacturer's license expires June 30 of each year, and the license fee may not be prorated.

(4) In addition to the license fee provided for in subsection (2), the department may charge a the one-time manufacturer's application fee ~~to cover the actual cost of processing the original license~~ in effect on November 3, 1998. The department shall refund an overpayment ~~or charge and collect an amount sufficient to reimburse the department for underpayment of actual costs~~.

(5) The department shall retain for administrative purposes the license and processing fees collected under this section."

Section 98. Section 23-5-425, MCA, is amended to read:

"23-5-425. Examination and approval of electronic bingo and keno equipment -- fee. (1) A licensed manufacturer shall submit to the department for examination a prototype of any electronic equipment intended for use in conducting live bingo or keno games before the equipment is used in the state.

(2) Before the equipment is examined, the manufacturer shall pay the ~~anticipated~~ examination ~~costs as determined by the department~~ fee in effect on November 3, 1998. The department shall refund an overpayment ~~or charge and collect an amount sufficient to reimburse the department for underpayment of actual costs~~.

(3) Upon completion of the examination, the department may approve, disapprove, or place a condition upon use of the equipment before it is made available for use in conducting live bingo or keno games."

Section 99. Section 23-5-513, MCA, is amended to read:

"23-5-513. Sports tab game seller's license -- fees. (1) It is a misdemeanor for a person to sell sports tab games without first obtaining a sports tab game seller's license from the department.

(2) The department shall charge an annual license fee of $100 for issuing or renewing a license.

(3) A license expires on June 30 of each year, and the license fee may not be prorated.

(4) The department may charge an the additional, one-time license application processing fee ~~to cover the actual cost of processing the original license~~ in effect on November 3, 1998. The department shall refund any amount of the application processing fee not needed to reimburse the department for actual costs ~~or shall collect an amount sufficient to reimburse the department for actual costs not completely covered by the initial fee charged~~.

(5) The department shall retain for administrative purposes the license and application processing fees collected under this section."

Section 100. Section 23-5-625, MCA, is amended to read:

"23-5-625. Video gambling machine manufacturer -- license -- fees -- restrictions. (1) It is unlawful for any person to assemble, produce, or manufacture any video gambling machine or associated equipment for use or play in the state without having first been issued a video gambling machine manufacturer's license by the department. A licensed manufacturer may supply a video gambling machine only to another licensed manufacturer or to a licensed distributor, route operator, or operator.

(2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for the issuance or renewal of a video gambling machine manufacturer's license.

(3) Except as provided in subsection (6), the department may charge the applicant an the additional, one-time video gambling machine manufacturer's license application processing fee in effect on November 3, 1998. ~~The application processing fee may not exceed the department's actual costs for processing an application.~~

(4) All video gambling machine manufacturer's licenses expire on June 30 of each year, and the license fee may not be prorated.

(5) The department shall retain the license and processing fees collected for purposes of administering this part, unless otherwise provided.

(6) The department may waive the license fee provided for in subsection (2) if the applicant is licensed as a distributor or route operator and may waive the application processing fee provided for in subsection (3) if the applicant is licensed as a distributor, route operator, or operator."

Section 101. Section 23-5-631, MCA, is amended to read:

"23-5-631. Examination and approval of new video gambling machines and associated equipment -- fee. (1) The department shall examine and may approve a new video gambling machine or associated equipment or a modification to an approved machine or associated equipment that is manufactured, sold, or distributed for use in the state before the video gambling machine or associated equipment is sold, played, or used. A licensed manufacturer or distributor may bring a video gambling machine or associated equipment authorized by this chapter into the state for research and development on behalf of a licensed manufacturer prior to submission of the machine or equipment to the department for approval.

(2) A video gambling machine or associated equipment or a modification to an approved machine or associated equipment may not be examined or approved by the department until the video gambling machine manufacturer is licensed as required in 23-5-625.

(3) All video gambling machines or associated equipment approved by the department of commerce prior to October 1, 1989, must be considered approved under this part.

(4) The department shall require the manufacturer seeking the examination and approval of a new video gambling machine or associated equipment or a modification to an approved machine or associated equipment to pay the ~~anticipated actual costs of the~~ examination fee, in effect on November 3, 1998, in advance and, after the completion of the examination, shall refund overpayments ~~or charge and collect amounts sufficient to reimburse the department for underpayments of actual costs~~.

(5) Payments received under subsection (4) are statutorily appropriated to the department, as provided in 17-7-502, to defray the costs of examining and approving video gambling machines and associated equipment and modifications to approved machines and associated equipment and to issue refunds for overpayments.

(6) The department may inspect and test and approve, disapprove, or place a condition upon a video gambling machine or associated equipment or a modification to an approved machine or associated equipment prior to its distribution and placement for play by the public. A manufacturer, distributor, or route operator may not supply a video gambling machine or associated equipment to a manufacturer, distributor, route operator, or operator unless the machine or equipment has been approved by the department."

Section 102. Section 23-6-104, MCA, is amended to read:

"23-6-104. Amusement games allowed. (1) Crane games, as defined in 23-6-101, and the games described in subsection (2) may be made available for public play.

(2) (a) Fish pond (duck pond). The player catches a fish or other object floating in a pond of water by using a pole, hand, net, or string. All fish or objects are marked on the bottom, indicating the size of prize the player wins. The player is awarded a prize each time, and the player must be allowed to continue playing until a prize is won.

(b) Hoop or ring toss. The player tosses a hoop or ring over a target that must consist of bottles, pegs, blocks, or prizes. The operator shall specifically advise the player as to the degree that the hoop or ring must go over the target. All hoops of the same color used at an individual stand must be the same size. All targets used at an individual booth must be the same size, or the operator shall advise the player by posting signs or using color codes denoting the different sizes.

(c) Dart games. The target area for all dart games must be of a material capable of being penetrated and of retaining a metal tip dart. The target area must be in the rear of the stand and must be at least 3 feet but not more than 15 feet from the foul line. A target must be stationary at all times.

(i) Balloon (poparoo) (balloon smash). The targets are inflated balloons. The player throws one or more darts to burst a predetermined number of balloons. If the predetermined number of balloons are burst by the darts, the player receives the prize indicated.

(ii) Dart throw. The targets are various sizes and shapes located on the target area. The player throws darts individually at the target. A dart must stick in a predetermined target to win the prize as designated.

(iii) Tic tac toe dart. The target is a tic tac toe board located in the target area. The player throws darts at the target and wins a designated prize when the thrown darts line up in a row in the target. The darts may line up vertically, horizontally, or diagonally to win.

(iv) Add-um-up darts. The target consists of numbered squares located in the target area. Prizes are awarded based on the total score obtained by the player by throwing and sticking the darts in the numbered squares. A dart that sticks on a line must be thrown again. The player may add up the score of the darts thrown.

(d) Ball tosses. In all ball toss games, the balls used at a specific stand must be of the same weight and size. Targets must be of the same weight and size, or the operator shall color code the targets and advise the player of the difference in targets by posting a sign or providing a duplicate of the target showing the limitations or restrictions. The sign or duplicate target must be readily visible to the player.

(i) Milk bottle toss. The player tosses or throws balls at simulated milk bottles. The player wins by either tipping over or knocking bottles off the raised platform as designated by the operator. The bottles may be constructed of wood, metal, or plastic or a combination of the three. Operators may vary the number of bottles and balls used in each game. Floating or loose weights in bottles are not allowed. The weight of individual bottles may not exceed 7 1/2 pounds.

(ii) Milk can (Mexican hat) (cone). The player tosses a ball into the opening of a milk can, into a fiberglass Mexican hat turned upside down, or through a cone to win.

(iii) Football toss (tire toss). The player tosses or throws a football through a stationary tire or hoop to win.

(iv) Basketball toss/throw. The player tosses or throws a basketball through a hoop to win.

(v) Bushel baskets. The player tosses balls into a bushel basket mounted on a stationary backdrop at a fixed angle. The balls must stay in the basket to win. Rim shots are allowed, except the operator may designate the top 6 inches of the basket rim by color and disallow balls striking this area as winning tosses.

(vi) Cat-ball-toss (star/diamond toss). The player tosses balls into a simulated cat's mouth or a round, diamond, or star-shaped hole to win.

(vii) Ping pong toss. The player tosses ping pong balls into dishes, saucers, cups, or ashtrays floating in water. A predetermined number of balls must remain in the dishes, saucers, cups, or ashtrays for the player to win. The dishes, saucers, cups, or ashtrays must have water covering the bottom of the surface that is facing up.

(viii) Fishbowl game. The player tosses ping pong balls into a water-filled fish bowl to win.

(ix) Volleyball toss (soccer ball). The player tosses a volley or soccer ball into a keg-type container mounted on a stationary backdrop at a fixed angle. The ball must stay in the keg to win a prize. Rim shots are authorized as stated in subsection (2)(d)(v) for bushel baskets.

(x) Goblet ball (whiffle ball). The player tosses a whiffle ball into a target area of glass or plastic goblets. Located in the target area are colored goblets that determine the type of prize the player wins. At least 33% of the goblets in the target area must be winners. The ball must stay in the goblet to win a prize.

(xi) Break the plate/bottle. The player tosses or throws a ball at a plate, phonograph record, or bottle. The type of prize won is determined by the number of targets broken by the player.

(xii) Punk rack. The targets for this game are rows of dolls or cats on a ledge at the rear of the stand. The dolls or cats must be filled with sawdust, styrofoam, cotton, or other like material that provides a firm base for the ball to strike. The hair protruding from the side of the dolls or cats may not exceed 3 inches. The prize is determined by how many dolls or cats the player knocks over or off the ledge, as posted by the operator.

(xiii) Teeth game. The target consists of a large face with wooden teeth. The prize is determined by how many teeth the player knocks down by throwing a ball.

(xiv) Toilet game (doniker). To win, the player tosses or throws a ball or other object through a toilet seat located at the rear of the stand.

(xv) Coke roll. The player rolls a ball down an alley with the object of knocking over two coke bottles standing at the end of the alley. The player must tip over both bottles to win. Bottles must be placed on predetermined spots painted on the surface of the alley.

(xvi) Rolldown. The player rolls balls down an alley with the object of putting the balls in numbered slots at the end of the alley. The scores represented by the balls in each numbered slot are added up at the conclusion of the game. Scores above or below a predetermined score win. The alley surface must be smooth and free from defects at all times.

(xvii) Fascination (I got it). Fascination is a group game that involves competition among the players. The target area consists of 25 holes, and the player tosses or rolls a ball into one of the holes. The object of the game is to get five balls in a row either vertically, horizontally, or diagonally. The first player to accomplish this is the winner. Prize size is determined by the number of players participating in each game.

(xviii) Batter-up. The player uses a whiffle ball bat to swing and strike whiffle balls that are pitched at medium speed from a pitching machine. The player wins when the player hits a ball into the home run shelf. The home run shelf is located at the back of the batting cage approximately 15 feet from the player.

(xix) Sky bowling. Two bowling pins are set on predetermined painted spots on a shelf. A ball is attached to a chain suspended from a stationary support at least 6 inches to the right or left of the bowling pins. The object is to swing the ball, miss the pins with the ball as it goes forward, and knock the pins over as the ball returns.

(xx) Clown rolldown. A ball is tossed through the open mouth of a moving clown or animal head. The ball then rolls down a chute to numbered slots at the rear of the clown or animal head. The scores represented by the balls in each numbered slot are added up at the conclusion of the game. Prizes are awarded on the points achieved.

(xxi) Skee ball. The player rolls a ball up the mechanical bowling alley into targets. A computer adds up the scores, and the predetermined scores win.

(xxii) Speedball radar game. The player gets four balls and throws three balls through radar to establish speeds and to estimate at what speed the fourth ball will pass through the radar. The player wins a prize if the player accurately estimates the speed of the fourth ball. The radar must be mounted and stationary.

(e) Shooting games. These games are conducted by the player using a weapon of some type to shoot at a target in the rear of the stand. The safety requirements of local city or county ordinances must be observed by the operator and player. The target may be stationary or mobile.

(i) Short range (shooting gallery). In this game, the player is given four rounds to shoot at a spot target 1/4 inch or less in diameter. The player wins when the spot target is completely shot out, or the player is given five rounds to shoot one round each at five triangular, round, or 1/2-inch square targets. The prize is determined by the number of targets struck by the player, or the player is given five rounds to shoot one round each at five triangular, round, or 1/2-inch square targets. Within each target is a bull's eye. The player must hit the bull's eye without touching the outer surface of the target. The prize is determined by the number of bull's eyes correctly hit.

(ii) Shoot-out-the-star (machine gun). The player, using an automatic air pellet gun, is given 100 pellets to shoot at a star-shaped target. The player must shoot out all of the target to win. The star cannot be more than 1 1/4 inches from point-to-point.

(iii) Water racer. This group game involves a competition, with the player winning a prize based on the number of players competing. The player, using a water pistol, shoots the water into a target. The water that strikes the target causes a balloon to inflate or advances an object to ring a bell. The first player who bursts the balloon or rings the bell is the winner.

(iv) Rapid fire. This group game involves competition similar to the water racer game described in subsection (2)(e)(iii). The player uses an electronic pistol to shoot at a target. Hits on the target give the player a score. The first player to reach a predetermined score is the winner.

(v) Cork gallery. The player uses a cork gun or similar device to propel objects, including but not limited to corks, suction cup darts, or styrofoam balls, to shoot at targets located on a shelf or at a bull's eye target. The player must hit the bull's eye or knock the target over or off the shelf to win a prize. The prize is determined by the target knocked over or off the shelf, by the number of targets knocked over or off the shelf, or by the player accomplishing other tasks, as stated in the posted rules. When suction cup darts or other darts are used and fail to stay on or in the target, the player must shoot the dart again. The base of each target must be uniform, front and rear.

(vi) Boomball. The player uses a cannon with compressed air to propel balls into a target area. The targets have varied point value. If the ball remains in the target, a computer adds up the score. Prizes are awarded based on the points achieved.

(f) Coin pitchers.

(i) Spot pitch (lucky strike). The player pitches a coin at colored spots located on a table in the center of the stand. The coin must touch or stay inside of a spot to win a prize.

(ii) Plate pitch. The player pitches a coin onto a glass plate to win a prize as designated.

(iii) Glass pitch (bowl). The player pitches a coin into or onto dishes or glasses. If the coin remains in a top target glass item, then the player wins that item.

(g) Cakewalk. The players walk on a predetermined route with designated spots, and when the operator stops the walk, the player on a predetermined spot wins a prize.

(h) Miscellaneous games.

(i) Skill chute (bulldozer) (penny fall).

(A) The games in each of the following sentences require the player to insert a coin or token into a chute, aiming the coin or token so that it will fall in front of a continuous sweeper (bulldozer) operating on a playing field containing additional coins, tokens, or merchandise. A coin that is aimed correctly will cause a sweeper (bulldozer) operating on a playing field containing additional coins to push coins into a counting mechanism that will convert the coins into tokens or tickets and dispense them to the player. A token that is aimed correctly will cause a sweeper (bulldozer) operating on a playing field containing additional tokens or merchandise to push the tokens or merchandise into a hole or chute that sends them to the player. A token that is aimed correctly will cause a sweeper (bulldozer) operating on a playing field containing additional tokens to push tokens into a hole or chute that sends them to the player or pushes tokens into a counting mechanism that will convert the tokens into tickets and dispense them to the player.

(B) There may not be a ledge, tip, or similar obstruction that inhibits the passage of coins, tokens, or merchandise into the counting mechanism, hole, or chute.

(ii) Tip-em-up bottle. The player is provided with a pole and a string that has a hoop or ring attached at the end. The player, using the pole with a ring, must raise a bottle lying on its side to an upright position to win.

(iii) Hi-striker. The player, using a wooden maul, must strike a lever target that causes a metal weight to rise on a guideline or track and ring a bell. The player must ring the bell a predetermined number of times to win a prize.

(iv) Rope ladder. The player must climb up a rope ladder, which is anchored at both ends by a swivel, and ring a bell or buzzer to win a prize.

(v) Whac-a-mole. This is a group game that has a target surface with five holes through which animated moles pop up and down at random. The player must hit as many moles as possible with a mallet. The first player to hit a predetermined number of moles wins.

(vi) Dip bowling game. The player rolls a bowling-type ball over a hump in the track. If the ball stays on the back side of the hump, the player wins.

(vii) Horserace derby. This is a group game in which a player advances a horse by shooting or rolling a ball in the target area. The faster and more skillfully the player shoots or rolls the ball, the faster the player's horse will run. The first horse to cross the finish line wins.

(viii) Shuffleboard. The player pushes a puck down a shuffleboard alley to knock over poly pins at the end of an alley. The player wins by knocking down all the pins.

(ix) Bean bag. The player tosses or throws a bean bag or a simulated bean bag at cans, bottles, or other objects on a raised platform. The player wins a prize when the player either knocks the object off the raised platform or tips the target over.

(x) Soccer kick. The player kicks a soccer ball through a hole in the target area to win.

(xi) Frog game. A plastic frog or similar object sits on a small end of a teeter-totter. The opposite end of the teeter-totter is struck with a mallet, causing the frog to fly off the teeter-totter. If the frog lands in a pail or similar receptacle, the player wins a prize.

(xii) Cover the spot. The object of this game is for the player to drop five circular discs onto a circular spot, completely covering the spot. The diameter of each of the discs used to cover the spot must be a minimum of 64% of the diameter of the spot to be covered. The spot to be covered must be painted or drawn on a permanent, solid material, such as metal or wood, or may be a lighted circle. The spot and each disc must have a uniform diameter.

(xiii) Pocket billiards. Using a regulation pocket billiard table, a player must run a consecutive number of balls to win a prize. The number of balls is set by the operator.

(xiv) Other coin- or token-operated games of skill. The player inserts a coin or token into a mechanical, electrical, or electromechanical device manufactured for bona fide amusement purposes only that dispenses tokens or tickets based on the player's skill in operating the device. Games authorized under this subsection are limited to those involving a substantial degree of skill. A substantial degree of skill is present if:

(A) a player's physical or mental abilities play an integral role in determining the number of tokens or tickets accumulated during the play of the game;

(B) the number of tokens or tickets initially received by the average player would increase with repeated play of the game; and

(C) a player's precision, dexterity, or knowledge enables the player to obtain more tokens or tickets than would be received by a less precise, dexterous, or knowledgeable player.

(3) In addition to the amusement games allowed by subsections (1) and (2), the department of justice may adopt rules allowing games that may be operated at a fair or carnival and that meet the requirements of this part and may ~~set and~~ collect fees, in effect on November 3, 1998, to offset the costs associated with review and approval."

Section 103. Section 25-1-1104, MCA, is amended to read:

"25-1-1104. Handbook for process servers. (1) The department of commerce shall publish a handbook for process servers and levying officers.

(2) Each person who applies to the clerk of the district court of any county for registration as a process server must demonstrate that he the applicant has passed an examination based on the handbook and administered by the board of private security patrol officers and investigators provided for in 2-15-1891.

(3) The department of commerce may charge ~~a reasonable~~ the examination fee in effect on November 3, 1998, to cover the costs of publishing the handbook and administering the examination provided for in this section."

Section 104. Section 27-6-206, MCA, is amended to read:

"27-6-206. Funding. (1) There is a pretrial review fund to be administered by the director exclusively for the purposes stated in this chapter. The fund and any income from it must be held in trust, deposited in an account, and invested and reinvested by the director with the prior approval of the director of the Montana medical association. The fund may not become a part of or revert to the general fund of this state but is open to auditing by the legislative auditor.

(2) (a) To create the fund, a surcharge or assessment must be levied on all health care providers. The amount of the assessment must be ~~set annually by the director~~ the amount in effect on November 3, 1998, and must be apportioned among physicians, dentists, podiatrists, hospitals, and other health care providers by group. Except as provided in subsection (2)(c), for the group of all physicians, the group of all dentists, the group of all podiatrists, the group of all hospitals, and the group of all other health care facilities, the amount of the assessment must be proportionate to the respective percentage of total health care providers brought before the panel that each group constitutes. The total number and group of health care providers brought before the panel must be determined from the annual report of the panel for the years preceding the year of assessment.

(b) Except as provided in subsection (2)(c), the amount of the assessment for the group of all:

(i) hospitals must be proportionately assessed against each hospital on the basis of each hospital's total number of licensed hospital beds, whether used or not, as reflected in the most recent compilation of the department of public health and human services;

(ii) physicians must be equally assessed against all physicians;

(iii) dentists must be equally assessed against all dentists;

(iv) podiatrists must be equally assessed against all podiatrists; and

(v) other health care facilities must be equally assessed against all other health care facilities.

(d) Surplus funds, if any, above the amount required for the annual administration of the chapter must be retained by the director and used to finance the administration of this chapter in succeeding years, in which event the director shall reduce the annual assessment in subsequent years to not less than $15 for each health care provider, commensurate with the proper administration of this chapter.

(3) The annual surcharge must be paid on April 1 of each year. All unpaid assessments bear a late charge fee equal to the judgment rate of interest. The late charge fee is part of the annual surcharge. The panel may collect the annual surcharge by an action at law."

Section 105. Section 27-6-307, MCA, is amended to read:

"27-6-307. Assistance to claimant in obtaining expert consultation. The panel director shall cooperate fully with the claimant in retaining, to consult with the claimant, upon payment ~~of a reasonable fee~~ by the claimant of the fee in effect on November 3, 1998, in claims involving:

(1) a physician, a physician qualified in the field of medicine involved; or

(2) a dentist, a dentist qualified in the field of dentistry involved."

Section 106. Section 27-12-206, MCA, is amended to read:

"27-12-206. Funding. (1) There is an account in the state special revenue fund. Money from the assessments levied under this section must be deposited in the account.

(2) For each fiscal year, beginning July 1, an annual assessment is levied on all chiropractic physicians. The amount of the assessment ~~must be annually set by the director~~ is the amount in effect on November 3, 1998, and must be equally assessed against all chiropractic physicians. A fund surplus at the end of a fiscal year, not required for the administration of this chapter, must be retained in the account and used to finance the administration of this chapter during the next fiscal year, in which event the director shall reduce the next annual assessment to an amount estimated to be necessary for the proper administration of this chapter during that fiscal year.

(3) The annual assessment must be paid on or before the date the chiropractic physician's annual renewal fee under 37-12-307 is due. An unpaid assessment bears a late charge fee of $25. The late charge fee is part of the annual assessment. The director has the same powers and duties in connection with the collection of and failure to pay the annual assessment as the department of commerce has under 37-12-307 with regard to a chiropractic physician's annual license fee."

Section 107. Section 30-9-403, MCA, is amended to read:

"30-9-403. What constitutes filing -- duration of filing -- fees -- effect of lapsed filing -- duties of filing officer -- computerized farm statement system. (1) (a) Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this chapter.

(b) The secretary of state may treat a facsimile copy of a document and the signatures on the facsimile copy in the same manner as an original for purposes of 30-9-402 and subsection (1)(a) of this section. If all other requirements are met, the date of filing relates back to the date of receipt of the facsimile copy.

(c) A person who files a false document by facsimile copy is liable to the party aggrieved for three times the amount of damages resulting from the filing of the false document.

(2) Except as provided in subsection (6), a filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the 5-year period unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until 60 days after termination of the insolvency proceedings or until expiration of the 5-year period, whichever occurs later. Upon lapse the security interest becomes unperfected unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is considered to have been unperfected as against a person who became a purchaser or lien creditor before lapse.

(3) A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in subsection (2). Any continuation statement must be signed by the secured party, identify the original statement by file number, and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with 30-9-405(2), including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective, after which it lapses in the same manner as provided in subsection (2) unless another continuation statement is filed prior to the lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if the filing officer has retained a microfilm or other photographic record or a record produced according to rules adopted by the secretary of state or, in other cases after 1 year after the lapse, upon approval by the local government records destruction subcommittee provided for in 2-6-403. The filing officer shall arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if the filing officer physically destroys the financing statements of a period more than 5 years past, those that have been continued by a continuation statement or that are still effective under subsection (6) must be retained.

(4) Except as provided in subsection (7), a filing officer shall mark each statement with a file number and with the date and hour of filing. The filing officer shall hold the statement or a microfilm or other photographic copy or a copy produced according to rules adopted by the secretary of state for public inspection. In addition, the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement.

(5) The uniform fees for filing, indexing, and stamping a copy furnished by the filing party to show the date and place of filing must be set pursuant to subsection (12).

(6) If the debtor is a transmitting utility and a filed financing statement so states, it is effective until a termination statement is filed. A real estate mortgage that is effective as a fixture filing under 30-9-402(6) remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.

(7) When a financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to 30-9-103(5) or is filed as a fixture filing, the filing officer shall index it under the names of the debtor and any owner of record shown on the financing statement in the same fashion as if they were the mortgagors in a mortgage of the real estate described and, to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee under the financing statement or, if indexing is by description, in the same fashion as if the financing statement were a mortgage of the real estate described.

(8) When a financing or continuation statement filed by a financial institution covers farm products or accounts, livestock, general intangibles arising from or relating to the sale of farm products by a farmer, crops growing or to be grown, or equipment used in farming operations, the fee for filing must be ~~established by the secretary of state in an~~ the amount ~~commensurate with the costs of establishing and operating the computerized access system described in subsection (9)~~ in effect on November 3, 1998.

(9) Within 1 working day of receipt of a financing or continuation statement, the secretary of state shall record the information contained in the statement on a centralized computer system that the secretary of state shall establish. The computer system must allow access to financing statement information by any type of communications that conform to standards used by the state central computer. The system must have safeguards to allow only access to UCC data and to prevent alteration, addition, or deletion of the UCC data. The computer must be accessible whenever the state computer system is available. A perfected security interest is not created until the financing statement information is recorded on the system. A printout of information from the system is prima facie evidence of the existence or nonexistence of the filing of a financing statement. The secretary of state shall maintain adequate errors and omissions liability coverage to protect against input errors causing loss to a secured party.

(10) The secretary of state shall, upon request of a clerk and recorder, mail a certified copy of a financing statement, continuation statement, assignment, amendment, or termination covering collateral described in subsection (8) to the clerk and recorder in the county of the principal debtor's residence. The secretary of state shall mail the requested copies at least once each week. This subsection does not require the secretary of state to mail a copy of any document that does not specifically indicate the county of the principal debtor's residence on its face.

(11) Financing statement information in the computer system constitutes public writings within the meaning of 2-6-101, but the information may not be used to compile mailing lists.

(12) The secretary of state, with advice from the county clerk and recorders, shall by administrative rule establish fees as required by this part. The fees must be ~~commensurate with the costs of processing the documents. The secretary of state shall maintain records sufficient to support the amounts of the fees established under this subsection~~ those in effect on November 3, 1998. The secretary of state shall deposit all fees in the enterprise fund in the state treasury. The secretary of state shall disseminate the uniform fee schedule to the county clerk and recorders for their use."

Section 108. Section 30-9-407, MCA, is amended to read:

"30-9-407. Information from filing officer. (1) If the person filing any financing statement, termination statement, statement of assignment, or statement of release furnishes the filing officer a copy of the statement, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to the person.

(2) Upon request of any person, the filing officer shall issue a certificate showing whether there is on file on the date and hour stated in the certificate, any presently effective financing statement naming a particular debtor and any statement of assignment and, if there is, giving the date and hour of filing of each statement and the name and address of each secured party in the statement. For financing statements recorded on the system described in 30-9-403(9), the filing officer shall, upon request of any person, also furnish written information concerning the collateral described for any presently effective financing statement covering collateral described in 30-9-403(8). However, the information is not a part of the filing officer's certificate and may not constitute a complete description of the collateral covered by the financing statement. The uniform fee for a certificate and description of collateral must be set pursuant to 30-9-403. Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee of 50 cents per page.

(3) A computer printout from the system described in 30-9-403(9) constitutes the certificate of the secretary of state as to whether there is on file, on the date and hour stated on the printout, a financing statement covering the collateral described in 30-9-403(8). The fee for requesting a printout from the secretary of state must ~~cover the cost of the printout~~ be the fee in effect on November 3, 1998. If a certificate is made on a requestor's own computer using telephone dial-up access, a the fee ~~commensurate with costs~~ in effect on November 3, 1998, must be charged.

(4) The secretary of state shall ensure that the system described in 30-9-403(9) complies with the requirements for a central filing system as defined by 7 U.S.C. 1631 as that statute read on January 1, 1987. The secretary of state shall distribute portions of the master list to registered buyers at least once each month. The secretary of state may distribute portions of the master list more frequently if the secretary of state determines it is necessary to improve the flow of agricultural credit."

Section 109. Section 30-10-209, MCA, is amended to read:

"30-10-209. Fees. The following fees must be paid in advance under the provisions of parts 1 through 3 of this chapter:

(1) (a) For the registration of securities by notification, coordination, or qualification, or for notice filing of a federal covered security, there must be paid to the commissioner for the initial year of registration or notice filing a fee of $200 for the first $100,000 of initial issue or portion of the first $100,000 in this state, based on offering price, plus 1/10 of 1% for any excess over $100,000, with a maximum fee of $1,000.

(b) Each succeeding year, a registration of securities or a notice filing of a federal covered security may be renewed, prior to its termination date, for an additional year upon consent of the commissioner and payment of a renewal fee to be computed at 1/10 of 1% of the aggregate offering price of the securities that are to be offered in this state during that year. The renewal fee may not be less than $200 or more than $1,000. The registration or the notice filing may be amended to increase the amount of securities to be offered.

(c) If a registrant or issuer of federal covered securities sells securities in excess of the aggregate amount registered for sale in this state, or for which a notice filing has been submitted, the registrant or issuer may file an amendment to the registration statement or notice filing to include the excess sales. If the registrant or issuer of a federal covered security fails to file an amendment before the expiration date of the registration order or notice, the registrant or issuer shall pay a filing fee for the excess sales of three times the amount calculated in the manner specified in subsection (1)(b). Registration or notice of the excess securities is effective retroactively to the date of the existing registration or notice.

(d) Each series, portfolio, or other subdivision of an investment company or similar issuer is treated as a separate issuer of securities. The issuer shall pay a portfolio notice filing fee to be calculated as provided in subsections (1)(a) through (1)(c). The portfolio notice filing fee collected by the commissioner must be deposited in the state special revenue account provided for in 30-10-115.

(2) (a) For registration of a broker-dealer or investment adviser, the fee is $200 for original registration and $200 for each annual renewal.

(b) For registration of a salesperson or investment adviser representative, the fee is $50 for original registration with each employer, $50 for each annual renewal, and $50 for each transfer. A salesperson who is dually registered as an investment adviser representative with a broker-dealer dually registered as an investment adviser is not required to pay the $50 fee to register as an investment adviser representative.

(3) For certified or uncertified copies of any documents filed with the commissioner, the fee is ~~the cost to the department~~ the amount in effect on November 3, 1998.

(4) For a request for an exemption under 30-10-105(15), the fee must be the amount established by the commissioner by rule in effect on November 3, 1998. For a request for any other exemption or an exception to the provisions of parts 1 through 3 of this chapter, the fee is $50.

(5) All fees are considered fully earned when received. In the event of overpayment, only those amounts in excess of $10 may be refunded.

(6) Except for portfolio registration fees established in this section, all fees, examination charges, miscellaneous charges, fines, and penalties collected by the commissioner pursuant to parts 1 through 3 of this chapter and the rules adopted under parts 1 through 3 of this chapter must be deposited in the general fund."

Section 110. Section 30-10-210, MCA, is amended to read:

"30-10-210. Examination costs. (1) An issuer, broker-dealer, or investment adviser who is examined in connection with a registration under parts 1 through 3 of this chapter shall reimburse the commissioner or any of ~~his duly~~ the commissioner's authorized agents, officers, or employees for actual travel expenses, a reasonable living expense allowance, and a per diem at rates in effect on November 3, 1998, as compensation of for examiners, as necessarily incurred on account of the examination, upon presentation of a detailed account of ~~such~~ the charges and expenses by the commissioner or pursuant to ~~his~~ the commissioner's written authorization~~; however~~. However, no reimbursement of expenses may not be required for routine examinations performed in connection with an application for registration. No A person may not pay and no an examiner may not accept additional emolument on account of ~~such~~ an examination.

(2) The commissioner shall pay to the state treasurer to the credit of the general fund all ~~moneys~~ money received ~~hereunder~~ pursuant to this section. The commissioner may give written authorization for payment of the examination costs referred to in subsection (1) by the person examined directly to the examiner.

(3) If an issuer, broker-dealer, or investment adviser fails to pay the charges and expenses referred to ~~above~~ in subsection (1), the ~~same shall~~ charges and expenses must be paid out of the funds of the commissioner in the same manner as other disbursements of ~~such~~ funds. The amount so paid is a first lien upon all of the assets and property in this state of the issuer, broker-dealer, or investment adviser and may be recovered by suit by the attorney general on behalf of the state of Montana and restored to the appropriate fund. Failure of the issuer, broker-dealer, or investment adviser to pay the charges and expenses also works a forfeiture of ~~his or its~~ the right to do business in this state under parts 1 through 3 of this chapter."

Section 111. Section 30-10-907, MCA, is amended to read:

"30-10-907. (Temporary) Fines and fees -- deposit to general fund. All fines and fees received by the state auditor pursuant to this part must be deposited in the general fund. If, in any year, the fines and fees do not cover the cost of administering this part, the state auditor may increase the fees by rule to the extent necessary to cover the expected costs of administering this part for the following year. (Terminates October 1, 1999--sec. 18, Ch. 348, L. 1997.)"

Section 112. Section 30-11-516, MCA, is amended to read:

"30-11-516. Powers of cities and towns. ~~Towns~~ Subject to Article VIII, section 17, of the Montana constitution, towns and cities may tax, license, and regulate persons, firms, associations, corporations, or other legal entities engaging in or desiring to engage in public auctions and may require a license and charge a fee ~~therefor~~ for the license. Towns and cities may provide penalties for violations of the requirements."

Section 113. Section 30-12-202, MCA, is amended to read:

"30-12-202. Specific powers and duties of department -- rules. (1) The department shall adopt from time to time reasonable rules for the enforcement of parts 1 through 5~~, which rules have the effect of law~~. These rules may include:

(a) schedules of fees in effect on November 3, 1998, for testing and certification;

(b) standards of net weight, measure, or count and reasonable standards of fill for any commodity in package form;

(c) rules governing the technical and reporting procedures to be followed and the report and record forms and marks of approval and rejection to be used by the department in the discharge of its official duties;

(d) exemptions from the sealing or marking requirements of 30-12-209 with respect to weights and measures of a character or size that sealing or marking would be inappropriate, impracticable, or damaging to the apparatus involved; and

(e) rules governing the voluntary registration of ~~servicemen~~ service providers and service agencies.

(2) These rules ~~shall~~ must include specifications, tolerances, and other technical requirements for weights and measures subject to inspection and testing under 30-12-205, designed to eliminate from use, without prejudice to apparatus that conforms as closely as practicable to the official standards, those:

(a) that are not accurate;

(b) that are not reasonably permanent in their adjustment or will not repeat their indications correctly; or

(3) The specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, together with amendments ~~thereto~~, as recommended by the national institute of standards and technology and published in ~~national institute of standards and technology~~ National Institute of Standards and Technology Handbook 44 and supplements ~~thereto~~, or in any publication revising or superseding Handbook 44, are the specifications, tolerances, and other technical requirements for commercial weighing and measuring devices of this state, except ~~insofar~~ as specifically modified, amended, or rejected by a rule issued by the department.

(4) An apparatus is considered to be "correct" when it conforms to all applicable requirements adopted as specified in this section. Other apparatus are considered to be "incorrect"."

Section 114. Section 30-12-212, MCA, is amended to read:

"30-12-212. Noncommercial inspections -- fees. Subject to the availability of resources and upon payment of a the fee ~~commensurate with the costs of inspection~~ in effect on November 3, 1998, the department may inspect noncommercial weighing and measuring devices. Fees collected under this section must be deposited in the state general fund."

Section 115. Section 30-13-217, MCA, is amended to read:

"30-13-217. Fees and charges to be established and collected by secretary of state. (1) The secretary of state shall by administrative rule in effect on November 3, 1998, ~~establish,~~ charge, and collect in accordance with the provisions of this part ~~and commensurate with costs~~:

(a) fees for filing documents and issuing certificates; and

(b) miscellaneous charges.

~~(2) The secretary of state shall maintain records sufficient to support the fees and miscellaneous charges established under this section.~~

~~(3)~~(2) In addition to the fees and charges in subsection (1), the secretary of state shall charge and collect from each limited liability partnership a license fee of:

(a) $50 at the time of registration under 30-13-203; and

(b) $50 at the time of each renewal of registration under 30-13-206 through 30-13-208.

~~(4)~~(3) Fees and charges established under this section may be paid by credit card and may be discounted for payment processing charges paid by the secretary of state to a third party."

Section 116. Section 30-13-320, MCA, is amended to read:

"30-13-320. Secretary of state to establish and collect fees ~~commensurate with costs~~. The secretary of state shall by administrative rule in effect on November 3, 1998, ~~establish and~~ provide for collection of fees and miscellaneous charges for filing documents and issuing certificates as required by this part. The fees must be commensurate with the costs of processing the documents and certificates. The secretary of state shall maintain records sufficient to support the fees and miscellaneous charges established under this part."

Section 117. Section 32-1-213, MCA, is amended to read:

"32-1-213. Payments to be made by banks, investment companies, and trust companies. Each bank, trust company, or investment company under the supervision of the department shall pay to the department fees set by the department by rule in effect on November 3, 1998, to recover ~~all of~~ the costs of administering the program for the supervision of banks, trust companies, and investment companies. ~~The department may amend the rule setting the fees on or before June 1 and December 1 of each year.~~ The funds collected must be deposited in the state special revenue fund for the use of the department in its examination function."

Section 118. Section 32-1-215, MCA, is amended to read:

"32-1-215. Special examinations and fees -- report within 120 days. Special examinations may be made of a bank, trust company, investment company, building and loan association, or credit union when in the judgment of the department it is considered necessary, and the special examination ~~shall~~ must be charged for at a rate ~~that equals the department's actual costs for examiner wages and travel expenses~~ in effect on November 3, 1998. All special examination fees or charges ~~shall~~ must be paid at the conclusion of the examination, and the ~~moneys~~ money collected by the department ~~shall~~ must be paid to the state treasurer for the credit of the state special revenue fund for the use of the department in its examination function. The department shall submit in writing to the examined bank a report of the examination's findings no later than 120 days after the completion of the examination."

Section 119. Section 32-1-302, MCA, is amended to read:

"32-1-302. Incorporation. (1) The proposed articles of incorporation must be presented to the department, together with an application in writing in the form prescribed by the department, for a certificate authorizing the proposed corporation to transact the business specified in the articles of incorporation within this state.

(2) Upon the presentation of the proposed articles of incorporation, together with the application, the department shall ascertain whether the requisite capital of the bank, as required in 32-1-307, has been subscribed and been paid up in cash. The department shall also determine whether the corporation is being formed for any other purpose than the legitimate business contemplated by this chapter. The department shall determine whether the corporate name assumed by the bank, by reason of the use of any one or more of the words "commercial", "trust", "savings", or "investment" in conjunction with any other word or words, resembles so closely the name of any other bank previously formed under this chapter as to be likely to cause confusion.

(3) The expenses of the department and the board incurred in the examinations and hearings provided for in this chapter for the formation of new banks must be paid by the proposed bank through advance payment of a reasonable nonrefundable application fee ~~which must be determined by the board by rule~~ in effect on November 3, 1998.

(4) All information gathered by the department under this section must be transmitted to the board for its use in conducting hearings on applications for certificates of authorization."

Section 120. Section 32-2-110, MCA, is amended to read:

"32-2-110. Payments to be made by building and loan associations. For the credit of the state special revenue fund for the use of the department in its examination function, each building and loan association under the supervision of the department shall pay to the state treasurer, on or before July 1 each year, a the fee ~~established by the department by rule on or before June 1 of each year. The fees must be set to recover all of the costs of the program of supervision of building and loan associations~~ in effect on November 3, 1998."

Section 121. Section 32-3-201, MCA, is amended to read:

"32-3-201. Director of the department of commerce. (1) The director shall administer the laws of this state relating to credit unions. He The director may appoint or employ ~~such~~ special assistants, deputies, examiners, or other employees as that are necessary for the purpose of administering or enforcing this chapter.

(2) The director may prescribe rules for the administration of this chapter and may ~~establish~~ collect chartering, supervisory, and examination fees in effect on November 3, 1998. Fees so collected must be deposited in the state special revenue fund for the use of the department in its supervision function.

(3) The director shall, from time to time, issue rules prescribing the minimum amount of surety bond coverage and casualty, liability, and fire insurance required of credit unions in relation to their assets or to the money and other personal property involved or their exposure to risk."

Section 122. Section 32-5-403, MCA, is amended to read:

"32-5-403. Annual examinations -- cost. (1) The department shall make an annual examination of the books, accounts, and records of ~~every~~ each licensee ~~insofar as they~~ that relate to transactions with borrowers under this chapter and may make ~~such~~ additional examinations as that the department ~~deems~~ considers necessary.

(2) The expenses of the department incurred in the examination of the books and records of the licensees ~~shall~~ must be charged at a the rate ~~to be established by the department by rule. Such fees shall be established to recover all of the costs of the supervision program of the department~~ in effect on November 3, 1998. Each licensee ~~shall~~ must be billed by the department for the amount so charged to ~~such~~ the licensee. If ~~said~~ the charge is not paid within 30 days after the mailing of ~~such~~ the bill, the license of ~~said~~ the licensee may be suspended or revoked."

Section 123. Section 32-7-108, MCA, is amended to read:

"32-7-108. Director -- powers and duties. (1) The director shall exercise general supervision and control over persons doing escrow business in this state.

(2) In addition to the other duties imposed ~~upon him~~ by law, the director shall:

(a) adopt reasonable rules necessary to effectuate the purposes of this part;

(b) conduct examinations and investigations that may be necessary to determine whether a person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this part;

(c) conduct examinations, investigations, and hearings necessary and proper for the efficient administration of this part; and

(d) ~~establish~~ charge fees ~~commensurate with the costs of~~, in effect on November 3, 1998, for issuing the license and examining an escrow business."

Section 124. Section 32-7-110, MCA, is amended to read:

"32-7-110. Fees. (1) (a) An applicant for licensure shall pay a license fee ~~set by the director, commensurate with the costs of licensing the applicant~~ in effect on November 3, 1998.

(b) A licensee may be charged an examination fee ~~based on the actual costs of the examination~~ in effect on November 3, 1998.

(2) All fees collected by the department for the licensure and examination of escrow businesses must be paid to the state treasurer to the credit of the state special revenue fund for use by the department in its licensure and examination functions under this part."

Section 125. Section 32-8-205, MCA, is amended to read:

"32-8-205. Application, charter, and renewal fee. (1) An applicant for a state charter shall pay a fee established by the board by rule and in effect on November 3, 1998. ~~The application fee must be commensurate with the cost of conducting a background check on the person applying for the charter.~~

(2) A successful applicant for a state charter shall pay to the department an initial charter fee of $50,000, less the amount paid for the application fee pursuant to subsection (1).

(3) A depository shall pay an annual charter renewal fee in an amount set by the board by rule in effect on November 3, 1998, but not to exceed $10,000.

(4) Fees collected pursuant to subsections (1) through (3) must be deposited in the foreign capital depository account established in 32-8-306."

Section 126. Section 32-8-302, MCA, is amended to read:

"32-8-302. Costs of regulation. A depository shall pay to the department an annual fee established by rule ~~that is commensurate with the cost of~~ and in effect on November 3, 1998, for conducting examinations of a depository by the department. The proceeds of the fee established by the department must be deposited in the foreign capital depository account created by 32-8-306."

Section 127. Section 32-8-304, MCA, is amended to read:

"32-8-304. Special examinations -- costs. (1) Whenever in the judgment of the commissioner the condition of a depository or the actions of a customer necessitate an examination beyond that required by 32-8-303, the department may conduct additional examinations determined to be necessary and in connection with the additional examinations may charge the depository:

(a) an amount, in effect on November 3, 1998, not to exceed $400 a day for each examiner engaged in the examination of the depository;

(b) the actual cost of travel expenses of the examiner, in effect on November 3, 1998, in the event that travel outside this state is determined necessary by the commissioner; and

(c) a reasonable amount, in effect on November 3, 1998, to recover the actual costs of counsel and other department resources.

(2) The money collected by the department pursuant to examination fees must be deposited in the foreign capital depository account established in 32-8-306."

Section 128. Section 33-2-708, MCA, is amended to read:

"33-2-708. Fees and licenses. (1) Except as provided in 33-17-212(2), the commissioner shall collect and the persons served shall pay to the commissioner the following fees:

(a) certificates of authority:

(i) for filing applications for original certificates of authority, articles of incorporation, except original articles of incorporation of domestic insurers as provided in subsection (1)(b), and other charter documents, bylaws, financial statement, examination report, power of attorney to the commissioner, and all other documents and filings required in connection with the application and for issuance of an original certificate of authority, if issued:

(A) domestic insurers $600.00

(B) foreign insurers 600.00

(ii) annual continuation of certificate of authority 600.00

(iii) reinstatement of certificate of authority 25.00

(iv) amendment of certificate of authority 50.00

(b) articles of incorporation:

(i) filing original articles of incorporation of a domestic insurer, exclusive of fees required to be paid by the corporation to the secretary of state 20.00

(ii) filing amendment of articles of incorporation, domestic and foreign insurers, exclusive of fees required to be paid to the secretary of state by a domestic corporation 25.00

(d) filing annual statement of insurer, other than as part of application for original certificate of authority 25.00

(e) insurance producer's license:

(i) application for original license, including issuance of license, if issued 15.00

(ii) appointment of insurance producer, each insurer, electronically filed 10.00

(iii) appointment of insurance producer, each insurer, nonelectronically filed 15.00

(iv) temporary license 15.00

(v) amendment of license, excluding additions to license, or reissuance of master license 15.00

(vi) termination of insurance producer, each insurer, electronically filed 10.00

(vii) termination of insurance producer, each insurer, nonelectronically filed 15.00

(f) nonresident insurance producer's license:

(i) application for original license, including issuance of license, if issued 100.00

(ii) appointment of insurance producer, each insurer, electronically filed 10.00

(iii) appointment of insurance producer, each insurer, nonelectronically filed 15.00

(iv) annual renewal of license 10.00

(v) amendment of license, excluding additions to license, or reissuance of master license 15.00

(vi) termination of insurance producer, each insurer, electronically filed 10.00

(vii) termination of insurance producer, each insurer, nonelectronically filed 15.00

(g) examination, if administered by the commissioner, for license as insurance producer, each examination 15.00

(h) surplus lines insurance producer license:

(i) application for original license and for issuance of license, if issued 50.00

(ii) annual renewal of license 50.00

(i) adjuster's license:

(i) application for original license and for issuance of license, if issued 15.00

(ii) annual renewal of license 15.00

(j) insurance vending machine license, each machine, each year 10.00

(k) motor club representative's license:

(i) application for original license and issuance of license, if issued 15.00

(ii) annual renewal of license 15.00

(l) commissioner's certificate under seal, except when on certificates of authority or licenses 10.00

(m) copies of documents on file in the commissioner's office, per page .50

(n) policy forms:

(i) filing each policy form 25.00

(ii) filing each application, certificate, enrollment form, rider, endorsement, amendment, insert page, schedule of rates, and clarification of risks 10.00

(iii) maximum charge if policy and all forms submitted at one time or resubmitted for approval within 180 days, provided that all additional forms relate to the same policy 100.00

(2) The commissioner shall ~~establish by rule~~ collect fees ~~commensurate with costs~~ established by rules in effect on November 3, 1998, for filing documents and conducting the course reviews required by 33-17-1204 and 33-17-1205.

(3) The commissioner shall ~~establish~~ collect fees established by rule in effect on November 3, 1998, for an annual accreditation ~~fee~~ to be paid by each domestic and foreign insurer when it submits a fee for annual continuation of its certificate of authority.

(4) (a) Except as provided in subsection (4)(b), the commissioner shall promptly deposit with the state treasurer to the credit of the general fund all fines and penalties, those amounts received pursuant to 33-2-311, 33-2-705, and 33-2-706, and any fees and examination and miscellaneous charges that are collected by the commissioner pursuant to Title 33 and the rules adopted under Title 33, except that all fees for filing documents and conducting the course reviews required by 33-17-1204 and 33-17-1205 must be deposited in the state special revenue fund pursuant to 33-17-1207.

(b) The accreditation fee required by subsection (3) and the annual renewal of license fee established in subsection (1)(f)(iv) must be turned over promptly to the state treasurer who shall deposit the money in the state special revenue fund to the credit of the commissioner's office. The accreditation fee funds must be used only to pay the expenses of the commissioner's office in discharging the administrative and regulatory duties that are required to meet the minimum financial regulatory standards established by the national association of insurance commissioners, subject to the applicable laws relating to the appropriation of state funds and to the deposit and expenditure of money. The commissioner is responsible for the proper expenditure of the accreditation money and the renewal fee.

(5) All fees are considered fully earned when received. In the event of overpayment, only those amounts in excess of $10 will be refunded."

Section 129. Section 33-17-1204, MCA, is amended to read:

"33-17-1204. Review and approval of continuing education courses by commissioner -- advisory council. (1) The commissioner shall, after review by and at the recommendations of the advisory council established under subsection (2), approve only those continuing education courses, lectures, seminars, and instructional programs that the commissioner determines would improve the product knowledge, management, ethics, or marketing capability of the licensee. Course content, instructors, material, instructional format, and the sponsoring organization must be approved and periodically reviewed by the commissioner. The filing fee and process for approval of a course, lecture, seminar, or instructional program ~~must be determined~~ are those established by the commissioner by rule in effect on November 3, 1998. The commissioner shall also determine the number of credit hours to be awarded for completion of an approved continuing education activity.

(2) The commissioner shall appoint an advisory council, pursuant to 2-15-122, consisting of one representative of the independent insurance agents of Montana, one representative of the Montana association of life underwriters, one representative of the professional insurance agents of Montana, two public members who are not directly employed by the insurance industry, one insurance producer or consultant not affiliated with any of the three listed organizations, and a nonvoting presiding officer from the department who will be appointed by the commissioner as a representative of the department. The members of the council shall serve a term of 2 years, except that the initial term of the representative from each organization is 3 years. The commissioner shall consult with the council in formulating rules and standards for the approval of continuing education activities and prior to approving specific education activities. The provisions of 2-15-122(9) and (10) do not apply to this council.

(3) In conducting periodic review of course content, instructors, material, instructional format, or a sponsoring organization, the commissioner may exercise any investigative power of the commissioner provided for in 33-1-311 or 33-1-315.

(4) If after review or investigation the commissioner determines an approved continuing education activity is not being operated in compliance with the standards established under this section, the commissioner may revoke approval, place the activity under probationary approval, or issue a cease and desist order under 33-1-318."

Section 130. Section 33-17-1205, MCA, is amended to read:

"33-17-1205. Compliance -- failure to comply. (1) Each person subject to the requirements of 33-17-1203 shall file annually on a form supplied by the commissioner written certification as to the approved courses, lectures, seminars, and instructional programs successfully completed by that person during the preceding calendar year. The form must be accompanied ~~with a~~ by the filing fee established by the commissioner and in effect on November 3, 1998.

(2) The commissioner may suspend the license of any person failing to comply with subsection (1) who has not been granted an extension under 33-17-1203 and may impose a late renewal fee in the amount of twice the annual filing fee. The suspension must remain in effect until the time that the person demonstrates to the satisfaction of the commissioner that the person has complied with all the provisions of this part. If the license of an insurance producer or consultant is suspended by reason of this section for a period exceeding 12 months, the license must be terminated upon notice to the insurance producer or consultant.

(3) Each person providing approved courses, lectures, seminars, and instructional programs, including insurance company education programs, shall file annually with the commissioner an alphabetical list of the names and addresses of all persons who have successfully completed an approved continuing education activity during the preceding calendar year.

(4) The commissioner may, following the process provided for in 33-1-314, withdraw approval of all courses, lectures, seminars, and instructional programs of any person that fails to comply with subsection (3). The commissioner may, after having conducted a hearing pursuant to 33-1-701, impose a fine upon a person that has failed to comply with subsection (3). The fine may not exceed the penalty permitted by 33-1-317."

Section 131. Section 33-20-1315, MCA, is amended to read:

"33-20-1315. Rules -- standards -- bond. The commissioner may, in accordance with the provisions of 33-1-313, adopt rules for the purpose of carrying out this part. In addition, the commissioner:

(1) may establish standards for evaluating reasonableness of payments under viatical settlement contracts. The authority includes but is not limited to regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy. For the purpose of the standards, the commissioner shall consider payments made in regional and national viatical settlement markets to the extent that this information is available, as well as model standards developed by the national association of insurance commissioners.

(2) shall require a bond and an errors and omissions insurance policy of both kinds of licensees; and

(3) shall adopt rules to establish:

(a) trade practice standards for the purpose of regulating advertising and solicitation of viatical settlement contracts; and

(b) fees that ~~are commensurate with fees charged pursuant to 33-2-708~~ were in effect on November 3, 1998."

Section 132. Section 35-1-1206, MCA, is amended to read:

"35-1-1206. Fees for filing, copying, and services. (1) The secretary of state shall ~~establish by rule~~ collect fees established by rule in effect on November 3, 1998, for filing documents and issuing certificates as required by this chapter.

(2) The secretary of state shall ~~establish by rule~~ collect fees established by rule in effect on November 3, 1998, for copying documents, priority handling, transmitting or filing facsimile copies, and providing computer-generated information.

(3) The fees prescribed under this section must be reasonably related to the costs of processing the documents and preparing and providing the services. The secretary of state shall maintain records sufficient to support the fees established under this section."

Section 133. Section 35-1-1307, MCA, is amended to read:

"35-1-1307. Secretary of state -- powers -- rulemaking. (1) The secretary of state has the power reasonably necessary to perform the duties required of the secretary of state by this chapter.

(2) The secretary of state may adopt rules to perform the duties required of the secretary of state under this chapter~~, including establishing necessary fees~~."

Section 134. Section 35-2-1003, MCA, is amended to read:

"35-2-1003. Fees for filing, copying, and services. (1) The secretary of state shall ~~establish by rule~~ collect fees established by rule in effect on November 3, 1998, for filing documents and issuing certificates as required by this chapter.

(2) The secretary of state shall ~~by rule establish~~ collect fees established by rule in effect on November 3, 1998, for copying documents, priority handling, transmitting, or filing facsimile copies and for providing computer-generated information.

(3) The fees presented under this section must be reasonably related to the costs of processing the documents and preparing and providing the services. The secretary of state shall maintain records sufficient to support the fees established under this section."

Section 135. Section 35-2-1107, MCA, is amended to read:

"35-2-1107. Secretary of state -- powers -- rulemaking. (1) The secretary of state has the power reasonably necessary to perform the duties required of the secretary of state's office by this chapter.

(2) The secretary of state may adopt rules to perform the duties required of the secretary of state under this chapter~~, including establishing necessary fees~~."

Section 136. Section 35-4-209, MCA, is amended to read:

"35-4-209. Annual reports and statements. (1) The annual report of each domestic professional corporation and each foreign professional corporation authorized to transact business in this state filed with the secretary of state pursuant to the Montana Business Corporation Act must include a statement that all the shareholders, not less than one-half the directors, and all the officers other than the secretary and treasurer of the corporation are qualified persons with respect to the corporation.

(2) Each domestic professional corporation and each foreign professional corporation authorized to transact business in this state ~~must~~ shall annually file before March 1 with each licensing authority having jurisdiction over a professional service of a type described in its articles of incorporation a statement of qualification setting forth the names and addresses of the directors and officers of the corporation and ~~such~~ additional information as that the licensing authority may by rule prescribe as appropriate in determining whether the corporation is complying with the provisions of this chapter and rules promulgated under this chapter. The licensing authority may charge a the fee in effect on November 3, 1998, to cover the cost of filing a statement of qualification."

Section 137. Section 35-8-208, MCA, is amended to read:

"35-8-208. Annual report for secretary of state. (1) A limited liability company or a foreign limited liability company authorized to transact business in this state shall deliver to the secretary of state, for filing, an annual report that sets forth:

(a) the name of the limited liability company and the state or country under whose law it is organized;

(b) the mailing address and, if different, street address of its registered office and the name of its registered agent at that office in this state;

(d) (i) if the limited liability company is managed by a manager or managers, a statement that the company is managed in that fashion and the names and street addresses of the managers;

(ii) if the management of a limited liability company is reserved to the members, a statement to that effect;

(e) the last date upon which the limited liability company is to be dissolved;

(f) if the limited liability company is a professional limited liability company, a statement that all of its members and not less than one-half of its managers are qualified persons with respect to the limited liability company.

(2) Information in the annual report must be current as of the date the annual report is executed on behalf of the limited liability company.

(3) The first annual report must be delivered to the secretary of state between January 1 and April 15 of the year following the calendar year in which a domestic limited liability company is organized or a foreign limited liability company is authorized to transact business. Subsequent annual reports must be delivered to the secretary of state between January 1 and April 15.

(4) If an annual report does not contain the information required by this section, the secretary of state shall promptly notify the reporting domestic or foreign limited liability company in writing and return the report to it for correction.

(5) The annual report must be executed by at least one member of the limited liability company and must include the street address of the member.

(6) A domestic professional limited liability company or a foreign professional limited liability company authorized to transact business in this state shall annually file before April 15, with each licensing authority having jurisdiction over a professional service of a type described in its articles of organization, a statement of qualification setting forth the names and addresses of the members and managers of the company and additional information that the licensing authority may by rule prescribe as appropriate in determining whether the company is complying with the provisions of part 13 of this chapter and rules promulgated under part 13 of this chapter. The licensing authority may charge a fee in effect on November 3, 1998, to cover the cost of filing a statement of qualification."

Section 138. Section 35-8-211, MCA, is amended to read:

"35-8-211. Fees for filing, copying, and services -- rules. (1) The secretary of state shall ~~establish by rule~~ collect fees established by rule in effect on November 3, 1998, for filing documents as required by this chapter.

Section 139. Section 35-10-111, MCA, is amended to read:

"35-10-111. Execution, filing, and recording of statements. (1) A statement may be filed in the office of the secretary of state. A certified copy of a statement that is filed in an office in another state may be filed in the office of the secretary of state. Either filing has the effect provided in this chapter with respect to partnership property located in or transactions that occur in this state.

(2) A certified copy of a statement that has been filed in the office of the secretary of state and recorded in the office for recording transfers of real property has the effect provided for recorded statements in this chapter. A recorded statement that is not a certified copy of a statement in the office of the secretary of state does not have the effect provided for recorded statements in this chapter.

(3) A statement filed by a partnership must be executed by at least two partners. Other statements must be executed by a partner or other person authorized by this chapter. The statement must be in the English language. An individual who executes a statement as or on behalf of a partner or other person named as a partner in a statement shall state beneath or opposite the person's signature the person's name and the capacity in which the person signs. The execution of any document required to be filed with the secretary of state under this chapter constitutes an affirmation under penalties of false swearing by each person executing the document that the facts stated are true.

(4) A person authorized by this chapter to file a statement may amend or cancel the statement by filing an amendment or cancellation that names the partnership, identifies the statement, and states the substance of the amendment or cancellation.

(5) A person who files a statement pursuant to this section shall promptly send a copy of the statement to every nonfiling partner and any other person named as a partner in the statement. Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of the statement as to a person not a partner.

(6) The secretary of state shall ~~establish by rule~~ collect fees established by rule in effect on November 3, 1998, for filing statements, issuing certificates, copying statements, priority handling, transmitting or filing facsimile copies, and providing computer-generated information. The fees must be reasonably related to the costs of processing the statements and providing the services. The secretary of state shall maintain records sufficient to support the fees established under this section. The secretary of state may adopt rules necessary to perform any duty required of the secretary of state by this chapter."

Section 140. Section 35-12-521, MCA, is amended to read:

"35-12-521. Secretary of state to ~~establish~~ collect fees. The secretary of state shall ~~set~~ collect filing fees ~~reasonably related to the costs of~~ established by rule in effect on November 3, 1998, for processing the applications and certificates. The secretary of state ~~may establish~~ shall collect fees established by rule in effect on November 3, 1998, for filing a certificate of limited partnership, certificate of amendment or restatement, certificate of cancellation, an application to reserve a name, a notice of transfer of a reserved name, an application for registration of a foreign limited partnership, a certificate of cancellation or correction of a foreign limited partnership or filing any other statement or report of a domestic or foreign limited partnership. ~~The secretary of state shall maintain records sufficient to support the fee charged for the filing requirements.~~"

Section 141. Section 37-1-134, MCA, is amended to read:

"37-1-134. Licensing boards to establish fees commensurate with costs. All licensing boards allocated to the department shall ~~set~~ charge fees ~~reasonably related to~~ in effect on November 3, 1998, for the respective program area costs. Unless otherwise provided by law, each board within the department may ~~establish~~ charge fees including but not limited to fees for program areas such as application, examination, renewal, reciprocity, late renewal, and continuing education. Board costs not related to a specific program area may be equitably distributed to program areas as determined by the board. Each board shall maintain records sufficient to support the fees charged for each program area."

Section 142. Section 37-3-203, MCA, is amended to read:

"37-3-203. Powers and duties. The board may:

(1) adopt rules necessary or proper to carry out parts 1 through 3 of this chapter. The rules must be fair, impartial, and nondiscriminatory.

(2) hold hearings and take evidence in matters relating to the exercise and performance of the powers and duties vested in the board;

(3) aid the county attorneys of this state in the enforcement of parts 1 through 3 of this chapter and the prosecution of persons, firms, associations, or corporations charged with violations of parts 1 through 3 of this chapter;

(4) establish a program to assist and rehabilitate licensed physicians who are found to be physically or mentally impaired by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance or by mental or chronic physical illness;

(5) select an executive secretary to be hired by the department to:

(a) provide services to the board in connection with the board's duties under this chapter;

(b) assist in prosecution and matters of license discipline under this chapter; and

(6) fund additional staff, hired by the department, to administer the provisions of this chapter, by proposing legislation increasing license fees as necessary."

Section 143. Section 37-3-308, MCA, is amended to read:

"37-3-308. Examination and application fees -- further tax forbidden. (1) An applicant for a license to practice medicine to be issued on the basis of an examination by the board shall pay an examination fee as set by the board~~. The board shall set the fee, and it shall be reasonable and commensurate with the costs of the examination and related costs~~ and in effect on November 3, 1998. ~~Such~~ The examination fee ~~shall be~~ is in addition to the application fee.

(2) All applicants, including applicants for a temporary license, shall pay an initial application fee as prescribed by the board and in effect on November 3, 1998.

(3) No A license tax ~~shall~~ may not be imposed upon physicians by a municipality or any other subdivision of the state."

Section 144. Section 37-3-313, MCA, is amended to read:

"37-3-313. Registration fees -- failure to pay -- limiting authority to impose registration fees. (1) In addition to the license fees required of applicants, a licensed physician actively practicing medicine in this state shall pay to the department a registration fee as prescribed by the board and in effect on November 3, 1998.

(2) The payments for registration must be made prior to the expiration date of the registration, as set forth in a department rule, and a receipt acknowledging payment of the registration fee must be issued by the department. The department shall mail registration notices at least 60 days before the registration is due.

(3) In case of default in the payment of the registration fee by a person licensed to practice medicine who is actively practicing medicine in this state, the underlying certificate to practice medicine may be revoked by the board on 30 days' notice given to the delinquent of the time and place of considering the revocation. A registered or certified letter addressed to the last-known address of the person failing to comply with the requirements of registration, as the address appears on the records of the department, constitutes sufficient notice of intention to revoke the underlying certificate. A certificate may not be revoked for nonpayment if the person authorized to practice medicine, and notified, pays the registration fee before or at the time fixed for consideration of revocation, together with a delinquency penalty prescribed by the board. The department may collect the dues by an action at law.

(4) A registration or license fee may not be imposed on a licensee under this chapter by a municipality or any other subdivision of the state."

Section 145. Section 37-4-301, MCA, is amended to read:

"37-4-301. Examination -- qualifications -- fees -- certification. (1) Applicants for licensure shall take and pass an examination in order to be licensed. The examination ~~shall~~ must consist of a written part and a practical or clinical part. It may also include, at the board's discretion, an oral interview with the board which may include questions pertaining to the practice of dentistry. The board may accept, in satisfaction of the written part, successful completion of an examination by the national board of dental examiners and, whenever the board determines necessary, successful completion of a board examination in jurisprudence to be administered at times and places approved by the board. The board may accept, in satisfaction of the practical part, successful completion of an examination by a board-designated regional testing service.

(2) Acceptance by the board of ~~such~~ the written and practical examination ~~shall~~ must be conditioned on evidence that the examination is sufficiently thorough to test the fitness of the applicant to practice dentistry. ~~It shall~~ The examination must include, written in the English language, questions on anatomy, histology, physiology, chemistry, pharmacology and therapeutics, metallurgy, pathology, bacteriology, anesthesia, operative and surgical dentistry, prosthetic dentistry, prophylaxis, orthodontics, periodontics and endodontics, and any additional subjects pertaining to dental service.

(3) The board has the right to administer its own examination in lieu of acceptance of the national board written examination and a regional testing service practical examination. The board is authorized to make rules governing ~~any such~~ examination procedures.

(4) Applicants for licensure shall submit an application, ~~which shall~~ that must include, when required:

(a) certification of successful completion of the national board written examination;

(b) certification of successful completion of a regional board practical examination;

(d) a certificate of graduation from a board-approved dental school;

(e) an examination fee ~~commensurate with costs and~~ set by the board and in effect on November 3, 1998;

(f) a licensure fee ~~commensurate with costs and~~ set by the board and in effect on November 3, 1998;

(g) a recent photograph of the applicant; and

(h) copies of all other state licenses that are held by the applicant.

(5) Applications must be submitted no less than 20 days prior to the board interview and jurisprudence examination.

(6) Applicants may not take the jurisprudence examination or the oral interview without first having completed and passed all other parts of the examination.

(7) Examination results will be accepted for a period of time as set by board rule. An applicant failing to pass ~~his~~ the first examination, if otherwise qualified, may take a subsequent examination upon payment of a fee ~~commensurate with costs and~~ set by the board and in effect on November 3, 1998.

(8) The board is authorized to adopt necessary and reasonable rules governing application procedures."

Section 146. Section 37-4-303, MCA, is amended to read:

"37-4-303. Replacing lost certificate. The department shall, on proof satisfactory to the board of the loss of a certificate issued under this chapter, issue a duplicate certificate,. ~~and a~~ A fee as prescribed by the board ~~shall~~ and in effect on November 3, 1998, must be charged for issuing the certificate."

Section 147. Section 37-4-307, MCA, is amended to read:

"37-4-307. Renewal fee -- default -- local fees prohibited. (1) Every licensed dentist shall pay a renewal fee to the board. The renewal fee must be set by the board ~~commensurate with costs~~ in the amount in effect on November 3, 1998. Notice of ~~the~~ a change in the amount of renewal fees must be given to each dentist registered in this state by the department.

(2) Payment of the renewal fee must be made on or before the license expiration date set by department rule, and a license renewal must be issued by the department. A reasonable late fee, in effect on November 3, 1998, must be required by the department if the renewal fee is not paid in a timely manner.

(3) (a) In case of default in payment of the renewal fee by a licensee, the license must be revoked by the board. The board shall give the licensee 30 days' notice of its proposed revocation action. The notice must be sent by certified letter addressed to the last-known address of the licensee and must contain a statement of the time and place of the meeting at which the revocation will be considered.

(b) If the licensee pays the renewal fee, plus a reasonable late fee set by the board, prior to the time set for revocation, the license may not be revoked.

(i) renewal fees are paid for each renewal period they were unpaid, plus a late penalty fee, in effect on November 3, 1998, for each renewal period;

(ii) the applicant produces evidence, satisfactory to the board, of good standing with the dentistry regulatory agencies of any jurisdiction in which the applicant has engaged in the active practice of dentistry since the last payment of a renewal fee under this chapter; and

(iii) the applicant produces evidence, satisfactory to the board, of good character and competence.

(4) Each dentist shall give the board notice of any change in name, address, or status within 30 days of the change.

(5) A unit of local government, including those exercising self-government powers, may not impose a license fee on a dentist licensed under this chapter."

Section 148. Section 37-4-402, MCA, is amended to read:

"37-4-402. License -- examination. (1) The department may issue licenses for the practice of dental hygiene to qualified applicants to be known as dental hygienists.

(2) Except as provided by rules adopted under 37-1-319, a person may not engage in the practice of dental hygiene or practice as a dental hygienist in this state until the person has passed an examination approved by the board under rules it considers proper and has been issued a license by the department.

(3) Applicants for licensure shall take and pass an examination in order to be licensed. The examination shall consist of a written part and a practical or clinical part. The board may accept, in satisfaction of the written part, successful completion of an examination by the national board of dental examiners and, whenever the board determines necessary, successful completion of a board examination in jurisprudence. The board may accept, in satisfaction of the practical part, successful completion of an examination by a board-designated regional testing service.

(4) The board has the right to administer its own examination in lieu of acceptance of the national board written examination and a regional testing service practical examination. The board is authorized to make rules governing examination procedures.

(5) Applicants for licensure shall submit an application, which must include, when required:

(a) certification of successful completion of the national board written examination;

(b) certification of successful completion of a regional board practical examination;

(d) certificate of graduation from a board-approved dental hygiene school;

(e) an examination fee ~~commensurate with costs and~~ set by the board and in effect on November 3, 1998;

(f) a licensure fee ~~commensurate with costs and~~ set by the board and in effect on November 3, 1998;

(g) a recent photograph of the applicant; and

(h) copies of all other state licenses that are held by the applicant.

(6) Applications must be submitted no less than 20 days prior to the jurisprudence examination. Applicants may not take the jurisprudence examination without first having completed and passed all other parts of the examination.

(7) Examination results will be accepted for a period of time as set by board rule. An applicant failing to pass the first examination, if otherwise qualified, may take a subsequent examination on payment of a fee ~~commensurate with costs and~~ set by the board and in effect on November 3, 1998.

(8) The board is authorized to adopt necessary and reasonable rules governing application procedures."

Section 149. Section 37-4-403, MCA, is amended to read:

"37-4-403. Issuance of certificate -- fee. An applicant who successfully passes the examination prescribed by the board shall, on the payment of a fee prescribed by the board and in effect on November 3, 1998, be granted a license as a dental hygienist and ~~shall~~ must be registered in a record kept by the department and ~~shall~~ must receive a certificate, signed by the members of the board, in a form prescribed by the board."

Section 150. Section 37-4-406, MCA, is amended to read:

"37-4-406. Renewal fee -- default -- revocation of license -- local fees prohibited. (1) Each licensed dental hygienist shall pay a renewal fee to the board. The renewal fee must be the fee set by the board ~~commensurate with costs~~ and in effect on November 3, 1998.

(3) In case of default in payment of the renewal fee by any licensee, the board ~~must~~ shall revoke the license.

(a) The board shall give the licensee 30 days' notice of its proposed revocation action. The notice must be sent by certified mail to the last-known address of the licensee and must contain a statement of the time and place of the meeting at which the revocation will be considered.

(b) The payment of the renewal fee on or before the time set for revocation, with a reasonable late fee set by the board and in effect on November 3, 1998, excuses the default.

(i) renewal fees are paid for each period they were unpaid, plus a late penalty in an amount in effect on November 3, 1998, for each period;

(ii) the applicant produces evidence, satisfactory to the board, of good standing with the dental hygiene regulatory agencies of any jurisdiction in which the applicant has engaged in the active practice of dental hygiene since the last payment of a renewal fee under this chapter; and

(iii) the applicant produces evidence, satisfactory to the board, of good character and competence.

(4) Each dental hygienist shall give the board notice of any change in name, address, or status within 30 days of the change.

(5) The board may, after a hearing, revoke or suspend the license of a dental hygienist for violating this chapter.

(6) A unit of local government, including those exercising self-government powers, may not impose a license fee on a dental hygienist licensed under this chapter."

Section 151. Section 37-5-302, MCA, is amended to read:

"37-5-302. Examination -- examination fee. (1) A person commencing the practice of osteopathy in this state, in any of its branches, shall apply to the department for a license to do so, and the applicant, at the time and place designated by the board, shall submit to an examination in the following subjects: anatomy, physiology, chemistry, pathology, bacteriology, gynecology, obstetrics, and theory and practice of osteopathy and other subjects taught in well-regulated and recognized schools of osteopathy and considered advisable by the board ~~and~~. The applicant shall present evidence of having actually attended, as required in 37-5-301, a legally authorized and regularly conducted school of osteopathy recognized by the board.

(2) Examination papers on subjects peculiar to osteopathy ~~shall~~ must be graded by the department, subject to 37-1-101. The examination ~~shall~~ must be scientific and practical, but of sufficient severity to test the candidate's fitness to practice osteopathy.

(3) After examination, the department shall issue a license to practice osteopathy in this state to applicants who pass the examination, which license ~~shall~~ must be granted by not less than two members of the board, attested by the board's seal.

(4) The fee for the examination and license ~~shall be~~ is the amount prescribed by the board and in effect on November 3, 1998."

Section 152. Section 37-5-307, MCA, is amended to read:

"37-5-307. Renewal fee. (1) A person holding a certificate to practice under this chapter and who is in active practice in this state shall, on or before the date set by department rule, pay to the department a renewal fee prescribed by the board ~~to the department~~ and in effect on November 3, 1998. At least 2 weeks before the renewal date, the department shall send a notice to each person holding a valid certificate to practice under this chapter and from whom a fee is due stating that the fee is due.

(2) The certificate to practice under this chapter automatically becomes void when the renewal fee is not paid at the time named. However, the board may reinstate a practitioner whose certificate has lapsed on payment of back renewal fees or on payment of a maximum fee prescribed by the board and in effect on November 3, 1998, if the lapsed fees exceed the maximum fee."

Section 153. Section 37-6-303, MCA, is amended to read:

"37-6-303. Examination -- subjects -- fees -- reexamination. (1) A person who is not exempt from examination and who desires a license to practice podiatry must be examined in the following subjects: anatomy, chemistry, dermatology, physical diagnosis, materia medica, pathology, physiology, therapeutics, orthopedics, histology, bacteriology, pharmacy, neurology, surgery, shoe therapy, physiotherapy, roentgenology, and podiatric medicine. The minimum passing score is 70% for each subject tested and an average of 75% for all subjects tested.

(2) An examination and license fee prescribed by the board and in effect on November 3, 1998, must be paid to the department.

(3) An applicant failing the examination and being refused a license is entitled within 6 months of the refusal to a reexamination, but one reexamination exhausts the privilege under the original examination. An additional fee, in effect on November 3, 1998, must be paid to the department for a reexamination."

Section 154. Section 37-6-304, MCA, is amended to read:

"37-6-304. Designations on license -- recording -- renewal -- display. (1) A license issued under this chapter is designated as a "registered podiatrist's license" or a "temporary podiatrist's license".

(2) Licenses must be recorded by the department the same as other medical licenses.

(3) Licenses must be renewed on a date set by department rule.

(4) A license renewal fee set by the board and in effect on November 3, 1998, must be paid on a date set by department rule.

(5) The department shall mail renewal notices no later than 60 days prior to the renewal date.

(6) If the renewal fee is not paid on or before the renewal date, the board may revoke the licensee's certificate after giving 30 days' notice to the licensee. A certified letter addressed to the delinquent licensee's last-known address as it appears on the records of the department constitutes notice of intent to revoke the certificate. A certificate may not be revoked for nonpayment of a renewal fee if the licensee pays the renewal fee plus a penalty prescribed by the board on or before the date fixed for revocation.

(7) A license revoked for nonpayment of the renewal fee may be reissued only on original application and payment of an additional fee prescribed by the board.

(8) Licenses must be conspicuously displayed by podiatrists at their offices or other places of practice."

Section 155. Section 37-7-201, MCA, is amended to read:

"37-7-201. Organization -- powers and duties. (1) The board shall meet at least once a year to transact its business. The board shall annually elect from its members a president, ~~vice-president~~ vice president, and secretary.

(2) The board shall:

(a) regulate the practice of pharmacy in this state subject to this chapter;

(b) determine the minimum equipment necessary in and for a pharmacy;

(d) regulate the quality of drugs and medicines dispensed in this state, using the United States Pharmacopoeia/National Formulary or revisions ~~thereof~~ of that publication as the standards;

(e) request the department to enter and inspect, at reasonable times, places where drugs, medicines, chemicals, or poisons are sold, vended, given away, compounded, dispensed, or manufactured. It is a misdemeanor for a person to refuse to permit or otherwise prevent the department from entering these places and making an inspection.

(f) regulate the practice of interns under national standards;

(g) make rules for the conduct of its business;

(h) perform other duties and exercise other powers as this chapter requires;

(i) adopt and authorize the department to publish rules for carrying out and enforcing parts 1 through 3 of this chapter.

(3) The department shall:

(a) license, register, and examine, subject to 37-1-101, applicants whom the board considers qualified under this chapter;

(b) license pharmacies and certain stores under this chapter;

(d) issue certificates of "certified pharmacy" under this chapter; and

(e) ~~establish and~~ collect license fees in effect on November 3, 1998."

Section 156. Section 37-7-302, MCA, is amended to read:

"37-7-302. Examination -- qualifications -- fees -- reciprocity. (1) The department shall give reasonable notice of examinations by mail to known applicants. The department shall record the names of persons examined, together with the grounds on which the right of each to examination was claimed, and also the names of persons registered by examination or otherwise.

(2) The fee for an examination ~~must be~~ is the amount set by the board ~~at a figure commensurate with costs~~ and in effect on November 3, 1998. The fee may in the discretion of the board be returned to applicants not taking the examination.

(3) To be entitled to examination as a pharmacist, the applicant must be of good moral character and must have graduated and received the first professional undergraduate degree from the school of pharmacy of the university of Montana-Missoula or from an accredited pharmacy degree program that has been approved by the board. However, an applicant may not receive a registered pharmacist's license until the applicant has complied with the internship requirements established by the board.

(4) Each person licensed and registered under this chapter must receive from the department an appropriate certificate attesting the fact, which must be conspicuously displayed at all times in the place of business."

Section 157. Section 37-7-303, MCA, is amended to read:

"37-7-303. Renewal fee. A person licensed and registered by the department shall pay to the department on or before the license expiration date set by department rule a renewal of registration fee prescribed by the board and in effect on November 3, 1998. A default in the payment of a renewal fee after the date on which it is due increases the renewal fee as prescribed by the board as of November 3, 1998. It is unlawful for a person who refuses or fails to pay the renewal fee to practice pharmacy in this state. A certificate and renewal expires at the time prescribed by department rule. A defaulter in a renewal fee may be reinstated within 1 year of the default without examination on payment of the arrears and compliance with other requirements prescribed by law."

Section 158. Section 37-7-309, MCA, is amended to read:

"37-7-309. Utilization plan approval fee -- renewal of approval -- renewal fee. (1) A pharmacy in which a pharmacist uses the services of a pharmacy technician or auxiliary under an approved utilization plan shall pay to the board a utilization plan approval fee in an amount set by the board ~~as provided in 37-1-134~~ and in effect on November 3, 1998. Payment must be made when the utilization plan is submitted and is not refundable.

(2) Approval of a utilization plan expires 1 year from the date of approval. The board shall grant renewal of approval upon payment of a renewal fee in an amount set by the board and in effect on November 3, 1998, and documentation as required by 37-7-308(1)(c).

(3) The board may ~~adopt~~ collect fees, ~~as provided in 37-1-134~~ in effect on November 3, 1998, for other costs associated with implementation of 37-7-307 through 37-7-309, including the costs of onsite inspection of the utilization plan at the participating pharmacy.

(4) The board shall deposit fees received in the state special revenue fund for use by the board in administration of 37-7-307 through 37-7-309, subject to 37-1-101(6)."

Section 159. Section 37-7-321, MCA, is amended to read:

"37-7-321. Certified pharmacy license. (1) The board shall provide for the original certification and renewal by the department of every pharmacy doing business in this state. On presentation of evidence satisfactory to the board and on application on a form prescribed by the board and on the payment of an original certification fee prescribed by the board and in effect on November 3, 1998, the department shall issue a license to a pharmacy as a certified pharmacy. However, the license may be granted only to pharmacies operated by registered pharmacists qualified under this chapter. The renewal fee for a pharmacy must be set by the board in the amount in effect on November 3, 1998. Any default in the payment of the renewal fee after the date on which the fee is due increases the renewal fee as prescribed by the board and in effect on November 3, 1998. The license must be displayed in a conspicuous place in the pharmacy for which it is issued and expires on the date set by department rule. It is unlawful for a person to conduct a pharmacy, use the word "pharmacy" to identify the business, or use the word "pharmacy" in advertising unless a license has been issued and is in effect.

(2) The board may impose discipline or deny or refuse to renew a pharmacy license for reasons specified in and subject to conditions specified in Title 37, chapter 1."

Section 160. Section 37-7-604, MCA, is amended to read:

"37-7-604. Wholesale drug distributor licensing requirements -- fee -- federal compliance. (1) A person or distribution outlet may not act as a wholesale drug distributor without first obtaining a license from the board and paying the license fee in effect on November 3, 1998.

(2) A license may not be issued or renewed for a wholesale drug distributor to operate in this state unless the applicant:

(a) agrees to abide by federal and state law and to comply with the rules adopted by the board; and

(b) pays the license fee set by the board and in effect on November 3, 1998.

(3) The board in its discretion may require that a separate license be obtained for:

(a) each facility directly or indirectly owned or operated by the same business entity within the state; or

(b) a parent entity with divisions, subsidiaries, or affiliates within the state if operations are conducted at more than one location and joint ownership and control exists among all entities.

(4) In order to obtain and maintain a wholesale drug distributorship in this state, an applicant shall provide written documentation to the board attesting that the applicant has maintained and will continue to maintain:

(a) adequate storage conditions and facilities;

(b) minimum liability and other insurance that may be required by applicable federal or state law;

(i) an after hours central alarm or comparable entry detection system;

(ii) restricted access to the premises;

(iii) comprehensive employee applicant screening; and

(iv) safeguards against employee theft;

(d) a system of records setting forth all activities of wholesale drug distribution, as defined in 37-7-602, for at least a period of the 2 previous years. The system of records must be accessible, as defined by board regulations, for inspections authorized by the board.

(e) principals, including officers, directors, primary shareholders, and management executives, who shall at all times demonstrate and maintain their responsibility for conducting the business in conformity with sound financial practices as well as state and federal law;

(f) complete, updated information, to be provided to the board as a condition for obtaining and retaining a license, pertaining to each wholesale drug distributor to be licensed, including but not limited to:

(i) all pertinent corporate license information, if applicable; and

(ii) other information regarding ownership, principals, key personnel, and facilities;

(g) a written protocol of procedures and policies that ~~assures~~ ensures preparation by the wholesale drug distributor for the handling of security or operational problems, including but not limited to those caused by:

(i) natural disaster or government emergency;

(ii) inventory inaccuracies or product shipping and receiving;

(iii) insufficient inspections for all incoming and outgoing product shipments;

(iv) lack of control of outdated or other unauthorized products;

(v) inappropriate disposition of returned goods; and

(vi) failure to promptly comply with product recalls; and

(h) operations in compliance with all federal requirements applicable to wholesale drug distribution.

(5) An agent or employee of a licensed wholesale drug distributor need not be licensed as a wholesale drug distributor.

(6) For purposes of this section, all rules and regulations promulgated by the board must conform to the wholesale drug distributor licensing guidelines formally adopted by the United States food and drug administration. If a conflict arises between a food and drug administration guideline and a rule or regulation of the board, the former controls."

Section 161. Section 37-8-202, MCA, is amended to read:

"37-8-202. Organization -- meetings -- powers and duties. (1) The board shall meet annually and shall elect from among the nine members a president and a secretary. The board shall hold other meetings when necessary to transact its business. A majority of the board constitutes a quorum at any meeting. The department shall keep complete minutes and records of the meetings and rules and orders promulgated by the board.

(2) The board may make rules necessary to administer this chapter. The board shall prescribe standards for schools preparing persons for registration and licensure under this chapter. It shall provide for surveys of schools at times it considers necessary. It shall approve programs that meet the requirements of this chapter and of the board. The department shall, subject to 37-1-101, examine and issue to and renew licenses of qualified applicants. The board shall conduct hearings on charges that may call for discipline of a licensee, revocation of a license, or removal of schools of nursing from the approved list. It shall cause the prosecution of persons violating this chapter and may incur necessary expenses for prosecutions.

(3) The board may adopt and the department shall publish forms for use by applicants and others, including license, certificate, and identity forms and other appropriate forms and publications convenient for the proper administration of this chapter. The board may fix reasonable fees for incidental services, in effect on November 3, 1998, within the subject matter delegated by this chapter.

(4) The board may participate in and pay fees to a national organization of state boards of nursing to ensure interstate endorsement of licenses.

(5) (a) The board may define the educational requirements and other qualifications applicable to recognition of advanced practice registered nurses. Advanced practice registered nurses are nurses who must have additional professional education beyond the basic nursing degree required of a registered nurse. Additional education must be obtained in courses offered in a university setting or its equivalent. The applicant must be certified or in the process of being certified by a certifying body for advanced practice registered nurses. Advanced practice registered nurses include nurse practitioners, nurse-midwives, nurse-anesthetists, and clinical nurse specialists.

(b) The board of nursing and the board of medical examiners, acting jointly, shall adopt rules regarding authorization for prescriptive authority of nurse specialists. If considered appropriate for a nurse specialist who applies to the board for authorization, prescriptive authority must be granted.

(6) The board shall establish a program to assist licensed nurses who are found to be physically or mentally impaired by habitual intemperance or the excessive use of narcotic drugs, alcohol, or any other drug or substance. The program must provide assistance to licensees in seeking treatment for substance abuse and monitor their efforts toward rehabilitation. For purposes of funding this program, the board shall adjust the license fee provided for in 37-8-431 ~~commensurate with the cost of the program~~ in a manner in effect on November 3, 1998.

(7) The board may adopt rules for delegation of nursing tasks by licensed nurses to unlicensed persons.

(8) The board may fund additional staff, hired by the department, to administer the provisions of this chapter."

Section 162. Section 37-8-418, MCA, is amended to read:

"37-8-418. Licensed practical nursing -- application fee. An applicant for a license to practice as a licensed practical nurse shall pay to the department a fee prescribed by the board ~~to the department~~ and in effect on November 3, 1998, at the time that the application is submitted,. ~~which~~ The fee ~~shall~~ must be returned to the applicant if the application is withdrawn not later than 5 days prior to the date of examination or the final submission to the board of application for endorsement without examination, subject to a deduction of an amount prescribed by the board to be retained by the department."

Section 163. Section 37-8-431, MCA, is amended to read:

"37-8-431. Renewal of license. (1) The license of a person licensed under this chapter must be renewed on the date set by department rule. At least 30 days prior to the renewal date, the department shall mail an application form for renewal of license to each person to whom a license was issued or renewed during the year. The applicant shall carefully complete and subscribe the application form and return it to the department with a renewal fee prescribed by the board and in effect on November 3, 1998, on or before the renewal date.

(2) The board may ~~increase or~~ decrease the license fee so as to maintain in the state special revenue fund at all times an adequate amount to be used for the purpose of administering, policing, and enforcing the provisions of Title 37, chapter 1, and this chapter. On receipt of the application and fee, the department shall verify the accuracy of the application against its record and from other sources the board considers reliable and issue to the applicant a certificate of renewal. The certificate of renewal renders the holder a legal practitioner of nursing for the period stated in the certificate of renewal.

(3) A licensee who allows the license to lapse by failing to renew the license may be reinstated by the board on satisfactory explanation for the failure to renew the license and on payment of the ~~current~~ renewal fee prescribed by the board and in effect on November 3, 1998.

(4) A person practicing nursing during the time following the date on which the license has expired is an illegal practitioner and is subject to the penalties provided for violations of this chapter.

(5) The board may ~~establish~~ charge a reasonable late fee in effect on November 3, 1998, for licensees who fail to renew their license by the renewal date."

Section 164. Section 37-9-304, MCA, is amended to read:

"37-9-304. Fees. (1) Each person who applies for licensure, whether by waiver, examination, or reciprocation, shall pay a fee prescribed by the board and in effect on November 3, 1998, at the time of application.

(2) Each person licensed as a nursing home administrator shall pay a license fee in an amount fixed by the board and in effect on November 3, 1998. A license expires on a date set by department rule and must be renewed upon timely payment of the license fee.

(3) The fee for issuing a duplicate license must be fixed by the board at the amount in effect on November 3, 1998."

Section 165. Section 37-10-302, MCA, is amended to read:

"37-10-302. Examination -- qualifications -- application -- issuance of certificate. (1) The board shall adopt rules relative to and governing the qualifications of applicants for certificates of registration as optometrists. If the applicant does not meet the requirements of the rules, the applicant is not eligible to take an examination to practice optometry in this state. If the applicant meets the requirements of the rules, the applicant ~~must~~ shall pass an examination given by the national board of examiners in optometry on behalf of the department, subject to 37-1-101. Examinations must be practical in character and designed to ascertain the applicant's fitness to practice the profession of optometry and must be conducted in the English language. The department shall publish and distribute the examination requirements for a certificate to practice optometry in this state. The board may accept the grades an applicant has received in the written examinations given by the national board of examiners in optometry.

(2) A person is not eligible to receive a certificate of registration unless that person is 18 years of age or older and of good moral character.

(3) A person is not eligible to receive a certificate of registration unless that person has certificates of graduation from an accredited high school and from a school of optometry in which the practice and science of optometry is taught in a course of study covering 8 semesters or 4 years of actual attendance and that is accredited by the international association of boards of examiners in optometry.

(4) A person desiring a certificate of registration shall file an application, in the manner prescribed by the board, and pay a fee prescribed by the board and in effect on November 3, 1998.

(5) A person who successfully passes the examination administered by the national board of examiners in optometry and who has met the requirements for qualification as an optometrist must be registered in a register kept by the department and, on the payment of a fee prescribed by the board and in effect on November 3, 1998, must receive a certificate of registration signed by the members of the board."

Section 166. Section 37-10-307, MCA, is amended to read:

"37-10-307. Renewal -- fee. A registered optometrist who desires to continue the practice of optometry in this state shall, before the license expiration date established by rule of the department, pay to the department a renewal fee prescribed by the board and in effect on November 3, 1998, in return for which a renewal of registration must be issued. If a person fails or neglects to procure a renewal of registration, the person's certificate of registration must be revoked by the board. However, a certificate of registration may not be revoked without 90 days' notice having been given to the delinquent, who within this period may renew the certificate of registration on the payment of the renewal fee with a penalty prescribed by the board and in effect on November 3, 1998."

Section 167. Section 37-11-304, MCA, is amended to read:

"37-11-304. Application for examination -- fee. (1) A person who desires to be licensed as a physical therapist or a physical therapist assistant shall apply to the department in writing, on a form furnished by the department. The person shall:

(a) provide evidence under oath, satisfactory to the board, of having the qualifications preliminary to the examination required by 37-11-303; and

(b) pay to the department at the time of filing the application a fee established by the board by rule in effect on November 3, 1998. The fee ~~must be commensurate with the cost of the examination and its administration and~~ must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6).

(2) Anyone failing to pass the required examination on the first attempt is entitled to take a second examination and, if the second examination is failed, to take a third examination. A person who fails the third examination is required to successfully complete additional education as required by the board before retaking the examination."

Section 168. Section 37-11-307, MCA, is amended to read:

"37-11-307. Applicants licensed in other states. The board may, in its discretion, authorize the department to issue a physical therapist or physical therapist assistant license, without examination, on the payment of the required fee established by the board and in effect on November 3, 1998, to an applicant who is a physical therapist or physical therapist assistant licensed under the laws of another state or territory if the applicant has met the same requirements as applicants licensed by examination under this chapter. An applicant licensed in another state or territory by examination other than the examination recognized under this chapter may be considered for licensure by the board if the requirements for a physical therapy license or a physical therapist assistant license in the state or territory in which the applicant was tested were at least equal to those requirements in force in this state at that time. However, the board may require a written, oral, or practical examination and may require continued study or refresher courses."

Section 169. Section 37-11-308, MCA, is amended to read:

"37-11-308. Renewal of license -- fee. A licensed physical therapist and a licensed physical therapist assistant shall, on or before the date set by department rule, apply to the department for a license renewal and pay a fee set by board rule in effect on November 3, 1998. A license that is not renewed before the renewal date automatically lapses. The board may, in its discretion, revive and renew a lapsed license on the payment of all past unpaid renewal fees or a late renewal fee."

Section 170. Section 37-11-309, MCA, is amended to read:

"37-11-309. Temporary license. (1) On payment to the department of a fee set by board rule in effect on November 3, 1998, and the submission of a written application on forms provided by the board, the department shall issue, without examination, a temporary license to practice physical therapy in this state for a period not to exceed 1 year to a person who meets the qualifications set forth in 37-11-303, on submission by the person of evidence satisfactory to the board that the person is in this state on a temporary basis to assist in a case of medical emergency or to engage in a special physical therapy project.

(2) The board may, upon receipt of an application for examination and upon receipt of a temporary license fee, in effect on November 3, 1998, not to exceed $100, issue a temporary license to a person who has applied for a license under this chapter and who is, in the judgment of the board, eligible to take the examination provided for in 37-11-303. This applicant shall work under the onsite supervision of a licensed physical therapist. This temporary license is available to an applicant only with respect to the applicant's first application. The temporary license expires when the board makes a final determination on the applicant's examination scores.

(3) The board may require an oral interview of all persons applying for a temporary license.

(4) The board shall adopt necessary and reasonable rules governing the procedures for applying and issuing temporary licenses."

Section 171. Section 37-12-201, MCA, is amended to read:

"37-12-201. Organization of board -- meetings -- powers and duties. (1) The board shall elect annually a president, vice president, and secretary-treasurer from its membership.

(2) The board shall hold a regular meeting each year at Helena and shall hold special meetings at times and places as a majority of the board designates. A majority of the board constitutes a quorum.

(3) The board shall:

(a) administer oaths, take affidavits, summon witnesses, and take testimony as to matters coming within the scope of the board;

(b) adopt a seal that must be affixed to licenses issued;

(c) make a schedule of minimum educational requirements, which are without prejudice, partiality, or discrimination, as to the different schools of chiropractic;

(d) adopt rules necessary for the implementation, administration, continuation, and enforcement of this chapter. The rules must address but are not limited to license applications, the form and display of the license, the license examination format, criteria for and grading of examinations, disciplinary standards for licensees, and the registration of interns and preceptors.

(e) make determinations of the qualifications of applicants under this chapter;

(f) administer the examination for licensure under this chapter;

(g) establish and collect fees in effect on November 3, 1998, fines, and charges in effect on November 3, 1998, as provided in this chapter;

(h) issue, suspend, or revoke licenses under the conditions prescribed in this chapter; and

(i) certify that a chiropractor who meets the standards that the board by rule adopts is a qualified evaluator for purposes of 39-71-711.

(4) The department shall keep a record of the proceedings of the board, which must at all times be open to public inspection."

Section 172. Section 37-12-302, MCA, is amended to read:

"37-12-302. Applications -- qualifications -- fees. (1) A person wishing to practice chiropractic in this state shall make application to the department, on the form and in the manner prescribed by the board, at least 21 days prior to a meeting of the board. Each applicant must be a graduate of or expect to graduate within 90 days prior to the next licensing examination administered by the board from a college of chiropractic approved by the board, in which the applicant has attended a course of study of 4 school years of not less than 9 months each. The applicant shall present evidence showing proof of a bachelor's degree from an accredited college or university. Application must be made in writing, must be sworn to by an officer authorized to administer oaths, and must recite the history of the applicant's educational qualifications, how long the applicant has studied chiropractic, of what school or college the applicant is a graduate, and the length of time the applicant has been engaged in practice. The application must be accompanied with copies of diplomas and certificates and satisfactory evidence of good character and reputation.

(2) The applicant shall pay to the department a license fee prescribed by the board and in effect on November 3, 1998. A fee, in effect on November 3, 1998, must also be paid for a subsequent examination and application.

(3) A person who is licensed in another state or who previously graduated from or was enrolled in a chiropractic college accredited by the council on chiropractic education on or before October 1, 1995, is exempt from the bachelor's degree requirement."

Section 173. Section 37-12-305, MCA, is amended to read:

"37-12-305. Licensing chiropractors from other states without examination. Persons licensed to practice chiropractic under the laws of any other state having chiropractic educational requirements equal to this chapter may, in the discretion of the board, be issued a license to practice in this state without examination upon payment of the fee prescribed by the board and in effect on November 3, 1998, as ~~herein~~ provided in this part."

Section 174. Section 37-12-307, MCA, is amended to read:

"37-12-307. Renewal of license -- fees. A license expires on the date set by department rule and must be renewed by the department on payment of a renewal fee, as set by the board and in effect on November 3, 1998, and the presentation of evidence satisfactory to the board that the licensee qualifies for renewal. All applicants for renewal who have not paid the renewal fee on or before the renewal date shall pay an additional late fee prescribed by the board and in effect on November 3, 1998."

Section 175. Section 37-12-323, MCA, is amended to read:

"37-12-323. Reconsideration of board action -- fee for restoration of license. (1) At any time after refusal, suspension, or revocation of a license or placement on probation or any other disciplinary action, the board may, on its own motion or on application, reconsider its prior action and reverse, rescind, or modify ~~such~~ the action.

(2) A person whose license has been revoked and later restored shall pay a fee prescribed by the board and in effect on November 3, 1998, for the restoration."

Section 176. Section 37-13-302, MCA, is amended to read:

"37-13-302. Application for licensure -- fee -- qualifications. (1) Each person desiring to practice acupuncture in this state shall make application for licensure with the secretary of the board, upon the forms and in the manner prescribed by the board. A fee prescribed by the board ~~shall~~ and in effect on November 3, 1998, must accompany the application.

(2) A person making application shall furnish the board evidence that he the applicant is:

(a) at least 18 years of age;

(b) of good moral character, as determined by the board;

(c) a graduate of an approved school of acupuncture that is approved by the national accreditation commission for schools and colleges of acupuncture and oriental medicine and that offers a course of at least 1,000 hours of entry-level training in recognized branches of acupuncture or an equivalent curriculum approved by the board; and

(d) has passed an examination prepared and administered by the board or an examination prepared and administered by the national commission for the certification of acupuncturists."

Section 177. Section 37-13-304, MCA, is amended to read:

"37-13-304. Issuance of certificate of license -- license fee. All applicants successfully passing the examination required by this chapter ~~shall~~ must be registered as licensed acupuncturists in the board register and, upon the payment of a license fee prescribed by the board and in effect on November 3, 1998, ~~shall~~ must be issued a certificate of license in ~~such~~ a form as prescribed by the board. The certificate ~~shall~~ must bear the official seal of the board."

Section 178. Section 37-13-306, MCA, is amended to read:

"37-13-306. Renewal -- fee -- military exemption. (1) The license to practice acupuncture must be renewed on a date set by the department, without examination and upon request of the licensee. The request for renewal must be on forms prescribed by the board and accompanied by a renewal fee prescribed by the board and in effect on November 3, 1998. The request and fee must be in the hands of the secretary of the board not later than the expiration date of the license.

(2) Immediately following the renewal date, the secretary shall notify all licensees from whom requests for renewal, accompanied by the renewal fee, have not been received that their licenses have expired and that they will be canceled and revoked upon the records of the board unless a request for renewal and reinstatement, accompanied by the renewal fee and an additional fee prescribed by the board and in effect on November 3, 1998, is in the hands of the secretary within 30 days of the renewal date.

(3) If the licensee fails to renew within 30 days following the renewal date, the secretary of the board shall cancel and revoke upon the board's records all licenses that have not been renewed or reinstated as provided by this chapter and shall notify the licensees whose licenses are revoked of the action.

(4) A licensee who allows the license to lapse by failing to renew or reinstate the license, as provided in this section, may subsequently reinstate the license upon good cause shown to the satisfaction of the board and upon payment of all renewal fees then accrued plus an additional fee prescribed by the board and in effect on November 3, 1998, for each renewal period following the ~~cancelling~~ canceling of the license.

(5) A person actively engaged in the military service of the United States and licensed to practice acupuncture, as provided in this part, is not required to pay the renewal fee or make application for renewal until the renewal date of the calendar period in which the person returns from military service to civilian or inactive status."

Section 179. Section 37-14-303, MCA, is amended to read:

"37-14-303. Examination -- application fee. (1) Examinations for licensure as a radiologic technologist ~~shall~~ must include a written portion and may also include practical and oral portions as established by the board.

(2) The board shall provide applicants for licensure the opportunity for examinations at intervals not to exceed 6 months.

(3) A nonrefundable examination fee, established by the board and in effect on November 3, 1998, ~~shall~~ must be submitted prior to examination for licensure. An applicant failing the examination ~~shall~~ must be charged a nonrefundable application fee for any subsequent examination. An applicant failing any subsequent examination is not eligible for reexamination until 12 months following the last failed examination."

Section 180. Section 37-14-305, MCA, is amended to read:

"37-14-305. Issuance of license or permit -- fee. The board shall issue a license or permit to each applicant who has submitted a nonrefundable licensing fee set by the board and in effect on November 3, 1998, and who has met the requirements of this chapter."

Section 181. Section 37-14-306, MCA, is amended to read:

"37-14-306. Permits. (1) The board may issue a permit to an applicant not qualifying for the issuance of a license under the provisions of this chapter but who has demonstrated, to the satisfaction of the board, the capability of performing high-quality x-ray procedures without endangering public health and safety. An applicant must be required to demonstrate this capability by completion of formal classroom training that meets the standards established by rule and by means of examination. Permits issued under provisions of ~~this section and~~ 37-14-305 and this section ~~shall~~ must specify x-ray procedures, defined and established by rule, that may be performed by the holder. Permits ~~shall~~ must be valid for a period not to exceed 12 months but may be renewed under the provisions established by rule.

(2) Examinations for the issuance of a permit must include a written portion and may also include practical and oral portions as established by the board. The board shall provide applicants for permits the opportunity for examination at intervals not to exceed 6 months. A nonrefundable examination fee, established by the board and in effect on November 3, 1998, must be submitted prior to examination for a permit. An applicant failing the examination must be charged a nonrefundable examination fee for any subsequent examination. An applicant failing any subsequent examination shall meet any additional eligibility requirements established by rule for reexamination.

(3) Applicants meeting minimum requirements for licensure ~~shall~~ must be issued a temporary permit to work as a radiologic technologist. This temporary permit ~~shall expire~~ expires 15 days after the date of first opportunity for examination.

(4) The board shall issue temporary permits to unlicensed persons to perform x-ray procedures when adequate evidence is provided the board that ~~such~~ a permit is necessary because of a regional hardship or emergency condition and that ~~such~~ the person is capable of performing x-ray procedures without endangering public health and safety. Temporary permits may not exceed 12 months in duration but may be renewed by reestablishing, to the board's satisfaction, evidence of continued regional hardship or emergency conditions. The required adequate evidence of regional hardship, emergency conditions, and capability to perform x-ray procedures without endangering public health and safety must be established by rule.

(5) Each applicant for a permit must:

(a) be of good moral character;

(b) be at least 18 years of age; and

Section 182. Section 37-14-309, MCA, is amended to read:

"37-14-309. Replacement documents. The board may charge a reasonable fee, in effect on November 3, 1998, for the replacement or duplication of a certificate, license, permit, or other document issued pursuant to this chapter."

Section 183. Section 37-14-310, MCA, is amended to read:

"37-14-310. Renewal -- fee -- reissuance of license. (1) Licenses expire on the date established by rule of the department.

(2) A license must be renewed by the board upon payment of a license fee set by the board and in effect on November 3, 1998, and submission of a renewal application containing information that the board considers necessary to show that the applicant for renewal is a radiologic technologist in good standing.

(3) A radiologic technologist who has been licensed in Montana and whose license has not been revoked or suspended and who has temporarily ceased activities as a radiologic technologist for not more than 5 years may apply for reissuance of a license upon complying with the provisions of this section, including payment of an application fee in effect on November 3, 1998."

Section 184. Section 37-15-304, MCA, is amended to read:

"37-15-304. Examination. (1) Except as otherwise provided in this chapter, an applicant ~~shall~~ must be examined for speech-language pathology or audiology by the board and shall pay to the board, at least 30 days prior to the date of the examination, the examination fee for each examination as prescribed by this chapter and in effect on November 3, 1998.

(2) The board shall examine by written examination given at least twice a year at a time and place and under ~~such~~ supervision as that the board may determine. In addition, an oral examination may be required by the board. Standards for acceptable performance ~~shall~~ must be determined by the board.

(3) The board may waive the written examination for certification if the applicant has successfully passed the national examination in speech-language pathology or audiology.

(4) The board may examine or direct the applicant to be examined for knowledge in whatever theoretical or applied fields of speech-language pathology or audiology as that it considers appropriate. It may also examine the candidate with regard to ~~his~~ professional skills and ~~his~~ the candidate's judgment in the utilization of speech-language pathology or audiology techniques and methods.

(5) The department shall maintain a permanent record of all examination scores.

(6) The board shall keep an accurate transcript of the oral examination, if any. Transcripts of oral examinations ~~shall~~ must be retained by the board for at least 1 year following the date of examination.

(7) An applicant who fails ~~his~~ the examination may be reexamined at a subsequent examination upon payment of another examination fee. An applicant who fails two successive examinations may apply for reexamination after 2 years of additional professional experience or training."

Section 185. Section 37-15-307, MCA, is amended to read:

"37-15-307. Application and examination fee -- license fee -- registration fee. The amount of fees prescribed in connection with a license as a speech-language pathologist or audiologist and with registration as a speech-language pathology aide or audiology aide ~~shall~~ must be ~~determined by the board each year based on costs and predicted expenditures~~ the amounts in effect on November 3, 1998."

Section 186. Section 37-15-308, MCA, is amended to read:

"37-15-308. Renewal. (1) Each licensed speech-language pathologist or audiologist shall pay to the board the fee in effect on November 3, 1998, for the renewal of the license, according to rules adopted by the department.

(2) The department shall notify each person licensed under this chapter relative to the date of expiration of the license and the amount of the renewal fee. This notice must be mailed to each licensed speech-language pathologist or audiologist at least 1 month before the expiration of the license.

(3) Renewal may be made at any time during the 60 days prior to the expiration date by application ~~therefor~~ for renewal.

(4) Failure on the part of any licensed person to pay the renewal fee by the expiration date does not deprive the person of the right to renew the license, but the fee must be increased 10% for each month that the payment of the renewal fee is delayed after the expiration date. The maximum fee for delayed renewal may not exceed twice the normal renewal fee in effect on November 3, 1998.

(5) Application for renewal following a lapse of 1 year or more is subject to review by the board, and the applicant may be requested to complete an examination successfully if the board so determines.

(6) A suspended license is subject to expiration and may be renewed as provided in this section, but the renewal does not entitle the licensee, while the license remains suspended, to engage in the licensed activity or in any other activity or conduct ~~which~~ that violates the order or judgment by which the license was suspended.

(7) A license revoked on disciplinary grounds is subject to expiration, and it may not be renewed. If it is reinstated after its expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on ~~the last preceding regular renewal date before the date on which it is reinstated~~ November 3, 1998, plus the delinquency fee, if any, accrued at the time of its revocation.

(8) A person who fails to renew a license within 2 years after its expiration may not renew it, and it may not be restored, reissued, or reinstated. However, the person may reapply for and obtain a new license if the person meets the requirements of this chapter."

Section 187. Section 37-16-402, MCA, is amended to read:

"37-16-402. Application -- qualifications -- fee. An applicant for a license shall pay a fee fixed by the board ~~and commensurate with the costs of processing and administering his application and related functions of the board~~ and in effect on November 3, 1998, and shall show to the satisfaction of the board that he the applicant:

(1) is a person of good moral character;

(2) has an education equivalent to a 4-year course in an accredited high school or holds a current license as an audiologist under Title 37, chapter 15; and

(3) is free of contagious or infectious disease."

Section 188. Section 37-16-405, MCA, is amended to read:

"37-16-405. Trainee license. (1) An applicant who fulfills the requirements of 37-16-402 and who has not previously applied to take the practical examination under 37-16-403 may apply to the board for a trainee license.

(2) On receiving an application under subsection (1), accompanied by a fee fixed by the board and ~~commensurate with the cost of administering the license and related functions of the board~~ in effect on November 3, 1998, and verification that the applicant has passed the written portion of the examination with a passing score as determined by board rule, the board shall issue a trainee license that entitles the applicant to engage in a 180-day training period during which the applicant:

(a) is required to pass the practical examination administered by the board before being issued a hearing aid dispenser's license; and

(b) shall work under the direct supervision of the sponsoring licensed hearing aid dispenser. During this time, the applicant may do the testing necessary for proper selection and fitting of hearing aids and related devices and make necessary impressions. However, the delivery and final fitting of the hearing aid and related devices must be made by the trainee and the supervisor.

(3) The training period must consist of a continuous 180-day term. Any break in training requires application for another trainee license under rules that the board may prescribe.

(4) A trainee license may not be issued unless the board has on file an unrevoked statement from a qualified licensed hearing aid dispenser accepting responsibility for the trainee. ~~Every~~ Each licensed hearing aid dispenser supervising a trainee license holder shall submit a report every 90 days of the trainee's activities and training assignments, on forms furnished by the board. The supervisor is responsible for all hearing aid fittings of the trainee. A supervisor may terminate any responsibilities to the trainee by mailing by certified mail written notice to the board and the trainee.

(5) (a) If a person who holds a trainee license takes and fails to pass the practical examination during the training period, the board may authorize the department to renew the trainee license for a period of 180 days, during which the provisions of subsection (2)(b) apply. In no event may more than one renewal be permitted.

(b) The fee for renewal must be set by the board ~~commensurate with the cost of administering the license and related functions of the board~~ at the amount in effect on November 3, 1998.

(6) A person licensed as an audiologist under the provisions of Title 37, chapter 15, or a person practicing pursuant to 37-1-305 is exempt from the 180-day training period but is required to pass the examinations prescribed in this chapter.

(7) A licensed hearing aid dispenser who sponsors a trainee is directly responsible and accountable under the disciplinary authority of the board for the conduct of the trainee as if the conduct were the licensee's own.

(8) For the purposes of this section, "direct supervision" means the direct and regular observation and instruction of a trainee by a licensed hearing aid dispenser who is available at the same location for prompt consultation and treatment."

Section 189. Section 37-16-407, MCA, is amended to read:

"37-16-407. Renewal of license -- fee -- inactive status. (1) A person who practices the fitting of hearing aids and related devices shall pay to the department a fee in effect on November 3, 1998, as set by the board for a renewal of the person's license. ~~The fee must be fixed by the board to be commensurate with board costs in administering licensure and related board functions.~~ The board shall impose a late fee, in effect on November 3, 1998, for renewal applications received after the renewal deadline.

(2) Each applicant for license renewal shall submit evidence showing completion of 10 hours of continuing education completed during the preceding 12 months. The requirements of the continuing education programs are to be determined by the board by rule.

(3) (a) The board may set standards and fees, in effect on November 3, 1998, for issuing licenses that designate inactive status.

(b) An inactive licensee may be reinstated to active practice if the inactive licensee:

(i) applies for reinstatement;

(ii) pays a fee set by the board and in effect on November 3, 1998; and

(iii) produces proof satisfactory to the board of completion of the continuing education requirements established by the board."

Section 190. Section 37-17-306, MCA, is amended to read:

"37-17-306. Renewal. (1) The license expires on the date set by department rule. The department shall notify each person licensed under this chapter relative to the date of the expiration and the amount of the renewal fee, as in effect on November 3, 1998. This notice must be mailed to each licensed psychologist at the licensee's listed address at least 1 month before the expiration of the license.

(2) Renewal may be made by application during the 60 days prior to the expiration date. Failure on the part of a person licensed to pay the renewal fee by the expiration date does not deprive the person of the right to renew, but the fee must be increased 10% for each month or major portion of a month that the payment of the renewal fee is delayed after the expiration date. The maximum fee for delayed renewal may not exceed twice the normal renewal fee in effect on November 3, 1998. Application for renewal following a lapse of 1 year or more will be subject to review by the board, and the applicant may be requested to complete an examination successfully if the board so determines."

Section 191. Section 37-17-307, MCA, is amended to read:

"37-17-307. Fees -- deposit of fees. (1) The department shall collect the following fees, in the amount in effect on November 3, 1998, none of which is refundable:

(a) application fee;

(b) examination fee~~, an amount commensurate with the charge of the professional examination service and administrative costs of the department and as set by the board~~;

(d) renewal fee.

(2) Fees received by the department must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6)."

Section 192. Section 37-18-302, MCA, is amended to read:

"37-18-302. Application -- qualification -- fee. A person desiring to begin the practice of veterinary medicine or veterinary surgery in this state or who desires to hold ~~himself~~ out to the public as that the person is a practitioner of veterinary medicine or veterinary surgery, except as provided in 37-18-104, shall make application to the department for a license to do so. The application ~~shall~~ must be on a form furnished by the department ~~and shall~~, must be accompanied by satisfactory evidence of the good moral character of the applicant, and ~~shall~~ must present evidence of ~~his~~ the applicant having graduated in and received a degree from a legally authorized veterinary medical school having educational standards equal to those approved by the American veterinary medical association. On application, a photostatic copy of the diploma of the applicant ~~shall~~ must be submitted to the department for inspection and verification. The photostatic copy remains the property of the department. A person applying for a license to practice shall pay to the department a nonrefundable fee ~~commensurate with the costs of the examinations and~~ set by the board and in effect on November 3, 1998."

Section 193. Section 37-18-303, MCA, is amended to read:

"37-18-303. Examination -- temporary permit pending examination. (1) Subject to 37-1-101, the board shall by means of examination, either oral, written, or practical or a combination of oral, written, or practical as the board determines, ascertain the professional qualifications for license of applicants under this part. The department shall issue a license to all who are found to be, in the judgment of the board, competent to practice. A license may not be issued to a person who is not found by the examination or investigation to be competent and qualified.

(2) The examination must be held when determined necessary by the board, but not less frequently than once each year at a time and place specified by the board. The examination must cover theory and practice, pharmacology and therapeutics, animal sanitation, surgery, communicable diseases, and other subjects chosen by the board ~~which~~ that are ordinarily included in the curriculum of a school of veterinary medicine recognized and approved by the American veterinary medical association.

(3) The department shall consecutively number applications received, note on each the disposition made of it, and preserve them for reference and shall number consecutively licenses issued.

(4) An applicant is required to achieve a grade of 70% in order to obtain a license. An applicant who has failed an examination may apply to be reexamined at a subsequent examination and shall pay another application fee ~~commensurate with the costs of the examinations and~~ set by the board and in effect on November 3, 1998, and shall take another complete examination in all subjects."

Section 194. Section 37-18-307, MCA, is amended to read:

"37-18-307. Renewal -- fee -- continuing education -- automatic renewal for military personnel. (1) A person licensed to practice veterinary medicine in this state shall procure a certificate of registration from the department on or before the date set by department rule. The certificate must be issued by the department on the payment of a fee fixed by the board and in effect on November 3, 1998, and on presentation of evidence satisfactory to the board that the licensee qualifies for renewal.

(2) Failure of a person licensed to procure a certificate of registration on or before the date set by department rule constitutes a forfeiture of the license held by the person. A person who has forfeited the license may have it restored by making written application for restoration within 1 year of the forfeiture, setting forth the reasons for failure to procure the certificate of registration at the time specified and accompanied by payment of the registration fee provided for in this section and an additional restoration fee as the board requires in the amount in effect on November 3, 1998. The person making application for restoration of a license within 1 year of its forfeiture is not required to submit to examination.

(3) Notwithstanding any other provisions in this chapter, a person licensed who enters or is called to active duty by a branch of the armed services of the United States is entitled to receive automatic registration of the license during the period of active duty with the armed services. However, within 1 year after release or discharge from duty in the armed services, the person shall procure a certificate of renewal from the department and pay the regular fee in effect on November 3, 1998. Failure to procure the certificate of renewal within 1 year after release or discharge is the equivalent of a failure to procure a certificate of registration before the date set by department rule, and the same forfeiture and restoration requirements apply.

(4) A person licensed must at all times have the person's residence and office address on file with the department."

Section 195. Section 37-19-301, MCA, is amended to read:

"37-19-301. Funeral director's license -- renewal -- fee. The practice of funeral directing by anyone who does not hold a funeral director's license or a mortician's license issued by the department is prohibited. A person licensed to practice funeral directing is entitled to the renewal of the license on payment of a renewal fee to the department on or before the date set by department rule. The amount of the renewal license fee must be set by the board in the amount in effect on November 3, 1998."

Section 196. Section 37-19-303, MCA, is amended to read:

"37-19-303. Mortician's license -- application fee. A person possessing the necessary qualifications may apply to the department for a license and on payment of an application fee, as set by the board and in effect on November 3, 1998, may take the examination prescribed by the board. The examination ~~shall~~ must be held on the second Wednesday of July each year in Helena and at ~~such~~ other times and places as that the board considers necessary."

Section 197. Section 37-19-304, MCA, is amended to read:

"37-19-304. Issuance of intern's license -- license fee -- issuance of mortician's license on completion of internship. An applicant who passes the examination provided for in 37-19-302 shall, upon payment of a license fee prescribed by the board and in effect on November 3, 1998, be granted an intern mortician's license to practice mortuary science under the supervision of a licensed mortician in a licensed mortuary in Montana and, upon completion of 1 year's internship and payment of the license fee, may apply for and receive a mortician's license."

Section 198. Section 37-19-306, MCA, is amended to read:

"37-19-306. Renewal of mortician's license -- fee -- suspension for nonrenewal. (1) The license fee for a mortician's license must be postmarked on or before the date set by department rule. The amount of the renewal fee must be set by the board at the amount in effect on November 3, 1998.

(2) Failure to pay the renewal fee results in automatic suspension of the license. The license may be reinstated by the payment of unpaid renewal fees plus a penalty prescribed by the board and in effect on November 3, 1998."

Section 199. Section 37-19-401, MCA, is amended to read:

"37-19-401. License required -- display of license -- renewal -- penalty for late renewal. (1) An operating mortuary must be licensed by the board. The license must be displayed in a conspicuous place.

(2) A mortuary license expires on the date set by department rule and may be renewed upon payment of a fee set by the board and in effect on November 3, 1998.

(3) The board may set a penalty for late renewal of a mortuary license."

Section 200. Section 37-19-402, MCA, is amended to read:

"37-19-402. Operator's license requirements -- facility inspections -- transfer of license to new facility. (1) The operation of a mortuary is prohibited by anyone not holding a mortician's or funeral director's license.

(2) A license to operate a new mortuary facility in Montana may be issued only if the proposed mortuary facility meets standards for operating mortuaries adopted by the board.

(3) (a) An applicant for a license to operate a new mortuary shall send to the department a written and verified application on a form prescribed by the board. The application must be accompanied by an initial inspection fee in effect on November 3, 1998.

(b) The department shall inspect the proposed new mortuary and report its findings to the board.

(4) The board shall grant a license if the department determines that the proposed new facility meets the standards adopted by the board and will be operated by a person who has been issued a mortician's or a funeral director's license.

(5) The board may grant a temporary license to a mortuary until the initial inspection is completed.

(6) A mortuary license may be transferred from one facility to another only when the proprietor of a licensed facility terminates services at the licensed facility and commences services at a new facility. The new facility must be inspected and must meet standards for operating mortuaries.

(7) A mortuary may be inspected by members of the board or their representatives during business hours."

Section 201. Section 37-19-403, MCA, is amended to read:

"37-19-403. Power of board to set facility standards -- inspection -- fees. (1) The board may adopt rules prescribing reasonable standards for operating mortuaries, including minimum requirements for drainage, ventilation, and instruments. The board may inspect the premises of a mortuary establishment to determine if rules are complied with. Inspections are at the discretion of the board and may be without notice. An initial inspection is mandatory.

(2) The board may charge the operator an inspection fee, including an initial inspection fee, ~~to be set at the discretion of the board. Fees must be commensurate with costs~~ in the amount in effect on November 3, 1998."

Section 202. Section 37-19-702, MCA, is amended to read:

"37-19-702. Licenses required -- display of licenses -- renewal -- penalty for late renewal. (1) A person doing business in this state or a cemetery, mortuary, corporation, partnership, joint venture, voluntary organization, or other entity that erects, maintains, or provides the necessary appliances and facilities for the cremation of human remains and that conducts cremations must be licensed by the board, beginning July 1, 1993. The license must be displayed in a conspicuous place in the crematory facility.

(2) A crematory license expires on the date set by department rule and may be renewed upon payment of a fee set by the board and in effect on November 3, 1998, which includes the cost of annual inspection. If a crematory facility is attached to a licensed mortuary, only one inspection fee may be charged for inspection of both a mortuary facility under 37-19-403 and a crematory facility.

(3) The board may set a penalty fee for late renewal of a license in the amount in effect on November 3, 1998.

(4) A person in charge of a licensed crematory facility must be licensed as a crematory operator by the board. A person employed by a licensed crematory facility must be licensed as a crematory technician by the board. The license must be displayed in a conspicuous place in the crematory facility.

(5) Crematory operator and crematory technician licenses expire on the date set by department rule and may be renewed upon payment of a fee set by the board. On-the-job training must be provided to a crematory technician at the time of employment."

Section 203. Section 37-19-703, MCA, is amended to read:

"37-19-703. Application -- power of board to set standards -- inspection -- fees. (1) Application for a crematory, crematory operator, or crematory technician license must be on forms prescribed by the board and must include the name of the applicant, name of the crematory facility, location of the crematory facility and its mailing address, and any further information the board requires. To be eligible for licensure:

(a) as a crematory facility, an application must include a description of the type of structure and equipment to be used in the operation of the crematory facility;

(b) as a crematory operator, an applicant must be at least 18 years of age, must be a high school graduate or have an equivalent degree, and must be of good moral character.

(2) The application must be accompanied by an application fee set by the board and in effect on November 3, 1998.

(3) The board must be notified of any change of ownership of a crematory within 30 days of the change.

(4) A license to operate a crematory in Montana may be issued only upon inspection of the crematory facility and upon a finding of compliance with standards for operation set by the board.

(5) A temporary permit may be issued to operate a crematory facility, as prescribed by board rule, that is effective until the initial inspection is completed to the board's satisfaction.

(6) A crematory facility may be inspected by a board member or the board's designated representative during business hours.

(7) The board shall adopt rules governing the cremation of human remains, the transportation of human remains, sanitation, equipment, fire protection, building construction, and recordkeeping.

(8) A crematory facility shall comply with all local building codes, environmental standards, and applicable state and local regulations.

(9) A new crematory facility shall pay an initial inspection fee, set by the board and in effect on November 3, 1998, that must accompany the application."

Section 204. Section 37-19-808, MCA, is amended to read:

"37-19-808. Authority to inspect cemeteries and audit cemetery companies. (1) The board may order an inspection of a cemetery or may audit a cemetery company. For each cemetery examined or cemetery company audited in accordance with this part, the cemetery company shall pay to the board a fee for each examination or audit as the board prescribes by rule in effect on November 3, 1998. When an examination is ordered by the board, the cemetery company shall pay, at the state per diem rate, travel expenses, meals, and lodging for each day that a member of the board or an authorized examiner spends in examining the physical condition or appearance of a cemetery. Once audited, a cemetery company may not be required to submit to an audit at the request of the board for a period of 5 years unless complaints have resulted in a formal notice of disciplinary action by the department against the cemetery company.

(2) (a) In lieu of any financial examination that the board is authorized to make, the board may accept the audit of an independent certified or registered public accountant if the board has notified the cemetery company that the audit would be acceptable and the cemetery company has notified the board in writing that the audit will be prepared.

(b) The costs of the audit provided for in subsection (2)(a) must be borne by the cemetery company, and the scope of the audit must be at least equal to the scope of the examination required by the board."

Section 205. Section 37-19-814, MCA, is amended to read:

"37-19-814. Permit -- application. (1) By January 1, 1998, a person operating a cemetery or a cemetery company governed by this part must have a permit issued by the board. The permit must be displayed in a conspicuous place at the cemetery.

(2) A cemetery permit expires on the date set by board rule and may be renewed for a 5-year period upon payment of a fee set by the board and in effect on November 3, 1998. An application for a permit or renewal of a permit must designate a responsible person, including that person's address and telephone number, who is available to act on behalf of the cemetery company with regard to the requirements of this part. A cemetery company may designate a different person with board approval. An application for renewal of a permit must contain:

(a) the name of the cemetery company, the location of the cemetery, the name of the person in charge of the records of the cemetery company, and the telephone number of the cemetery company;

(b) the number and dollar amount of sales of cemetery lots, grave spaces, mausoleums, crypts, niches, and burial rights for which payment has been made in full and the number of certificates or deeds of conveyance issued during the preceding 5 calendar years;

(c) an accounting of the amounts paid into the perpetual care and maintenance fund and the income received from the fund during the preceding 5 calendar or fiscal years, including the total amount due to the fund whether paid in or not, the amount due to the fund at the date of the report, and the amount expended for maintenance of the cemetery;

(d) the names and addresses of the owners of the cemetery company or the officers and directors of the cemetery company, any change in control of the cemetery company that has occurred during the past 5 calendar or fiscal years, the date of incorporation, if applicable, and the resident agent and address of the registered agent's office if the cemetery company is a corporation; and

(e) any other information that the board requires by rule.

(3) The board may set a penalty fee for late renewal of a permit, in the amount in effect on November 3, 1998."

Section 206. Section 37-19-815, MCA, is amended to read:

"37-19-815. Permit -- amendment. (1) Whenever a cemetery company that is subject to the provisions of this part proposes to amend its present permit for construction of a mausoleum, reduction or increase in percentage of gross sales proceeds to be placed in the perpetual care and maintenance fund, expansion of a cemetery, or other changes in its operation, the cemetery company shall file an application for amendment of the permit with the board.

(2) The application must be accompanied by a fee, in effect on November 3, 1998, and other information that the board requires by rule."

Section 207. Section 37-19-816, MCA, is amended to read:

"37-19-816. Permit -- transfer of ownership. (1) If a cemetery company that is subject to the provisions of this part is to be sold, if the ownership is to be otherwise transferred, or if a controlling interest in the company is to be sold or otherwise transferred, the proposed purchaser or transferee shall file an application for the issuance of a new permit with the board.

(2) The application must be accompanied by a fee, in effect on November 3, 1998, and other information that the board requires by rule."

Section 208. Section 37-20-302, MCA, is amended to read:

"37-20-302. Utilization plan approval fee -- renewal of license -- renewal fee. (1) A utilization plan approval fee must be paid in an amount set by the board and in effect on November 3, 1998. Payment must be made when the utilization plan is submitted to the board and is not refundable.

(2) A locum tenens utilization plan approval fee must be paid in an amount set by the board and in effect on November 3, 1998.

(3) A license issued under this part must be renewed for a period and on a date set by the department.

(4) A license renewal fee set by the board and in effect on November 3, 1998, must be paid at the time the license is renewed.

(5) The department shall mail a renewal notice no later than 60 days prior to the renewal date. A certified letter addressed to the delinquent licensee's last-known address as it appears on the records of the department constitutes notice of intent to revoke the license.

(6) If the license renewal fee is not paid on or before the renewal date, the board may revoke the license after giving 30 days' notice to the licensee. A license may not be revoked for nonpayment of a renewal fee if the licensee pays the renewal fee plus a penalty prescribed by the board on or before the date fixed for revocation.

(7) Fees received by the department must be deposited in the state special revenue fund for use by the board in the administration of this chapter, subject to 37-1-101(6)."

Section 209. Section 37-22-302, MCA, is amended to read:

"37-22-302. Fees. (1) Each applicant for a license shall, upon submitting ~~his~~ an application to the board, pay an application fee set by the board ~~equal to the cost of processing the application~~ and in effect on November 3, 1998.

(2) Each applicant for a license required to take an examination shall, prior to commencement of the examination, pay an examination fee set by the board ~~equal to the cost of administering the examination~~ and in effect on November 3, 1998.

(3) Each applicant shall, prior to receipt of a license or license renewal, pay a fee set by the board ~~equal to the cost of issuing a license~~ and in effect on November 3, 1998.

(4) Subject to 37-1-101(6), money paid for application, examination, license, and license renewal fees must be deposited in the state special revenue fund for the use of the board."

Section 210. Section 37-22-304, MCA, is amended to read:

"37-22-304. Renewal of license. (1) An application for renewal of an existing license must be made on or before the date set by department rule.

(2) Application for renewal must be made upon a form provided by the department. A renewal license must be issued upon payment of a renewal fee set by the board and in effect on November 3, 1998, and upon submitting proof of qualification for renewal.

(3) The renewal fee is increased by 10% for each month or part of a month that the renewal is delayed. The maximum fee for delayed renewal may not exceed twice the normal renewal fee.

(4) A license not renewed within 1 year following its expiration date terminates automatically."

Section 211. Section 37-23-205, MCA, is amended to read:

"37-23-205. Renewal of license. (1) The department may adopt rules to provide for the renewal of an existing license.

(2) An application for renewal of an existing license must be made on or before the expiration date set by department rule.

(3) Application for renewal must be made upon a form provided by the department. A renewal license must be issued upon payment of a renewal fee set by the board and in effect on November 3, 1998, and upon submitting proof of qualification for renewal.

(4) The renewal fee is increased by 10% for each month or part of a month that the renewal is delayed. The maximum fee for delayed renewal may not exceed twice the normal renewal fee.

(5) A license not renewed within 1 year following its expiration date terminates automatically."

Section 212. Section 37-23-206, MCA, is amended to read:

"37-23-206. Fees. (1) Each applicant for a license shall, upon submitting ~~his~~ an application to the board, pay an application fee set by the board ~~commensurate with costs~~ and in effect on November 3, 1998.

(2) Each applicant for a license required to take an examination shall, before commencement of the examination, pay an examination fee set by the board ~~commensurate with costs~~ and in effect on November 3, 1998.

(3) Each applicant shall, before receipt of a license or license renewal, pay a fee set by the board ~~commensurate with costs~~ and in effect on November 3, 1998.

(4) Subject to 37-1-101(6), money paid for application, examination, license, and license renewal fees must be deposited in the state special revenue fund for the use of the board."

Section 213. Section 37-24-310, MCA, is amended to read:

"37-24-310. Fees. (1) The board may ~~adopt~~ collect fees in ~~accordance with 37-1-134~~ effect on November 3, 1998, for:

(a) applications for licensure;

(b) examination;

(d) license renewal;

(e) late license renewal; and

(f) limited permit issuance.

(2) All fees collected by the board under this section must be deposited in the state special revenue fund for the use of the board in administering this act, subject to 37-1-101(6)."

Section 214. Section 37-25-302, MCA, is amended to read:

"37-25-302. Licensing requirements. (1) An applicant for licensure as a licensed nutritionist shall file a written application with the board and demonstrate to the board that he the applicant is registered by the commission.

(2) An applicant shall pay an application fee, set by the board and in effect on November 3, 1998."

Section 215. Section 37-25-307, MCA, is amended to read:

"37-25-307. Renewal of license. (1) An application for renewal of license must be made for a period and on a date set by the department.

(2) A renewal license must be issued when the applicant submits proof that requirements for continued licensure have been met and pays a renewal fee set by the board ~~commensurate with costs~~ and in effect on November 3, 1998.

(3) An additional fee, in effect on November 3, 1998, may be imposed on applications for renewal received by the board more than 30 days after the license renewal date."

Section 216. Section 37-26-201, MCA, is amended to read:

"37-26-201. Powers and duties of board. The board shall:

(1) adopt rules necessary or proper to administer and enforce this chapter;

(2) adopt rules that specify the scope of practice of naturopathic medicine stated in 37-26-301, that are consistent with the definition of naturopathic medicine provided in 37-26-103, and that are consistent with the education provided by approved naturopathic medical colleges;

(3) adopt rules prescribing the time, place, content, and passing requirements of the licensure examination, which may be composed of part or all of the national naturopathic physicians licensing examination;

(4) adopt rules that endorse equivalent licensure examinations of another state or territory of the United States, the District of Columbia, or a foreign country and that may include licensure by reciprocity;

(5) adopt rules that set nonrefundable fees, ~~commensurate with costs~~ as of November 3, 1998, for application, examination, licensure, and other administrative services;

(6) approve naturopathic medical colleges as defined in 37-26-103;

(7) issue certificates of specialty practice;

(8) adopt rules that, in the discretion of the board, appropriately restrict licenses to a limited scope of practice of naturopathic medicine, which may exclude the use of minor surgery allowed under 37-26-301; and

(9) adopt rules that contain the natural substance formulary list created by the alternative health care formulary committee provided for in 37-26-301."

Section 217. Section 37-27-105, MCA, is amended to read:

"37-27-105. General powers and duties of board -- rulemaking authority. (1) The board shall:

(a) meet at least once annually, and at other times as agreed upon, to elect officers and to perform the duties described in this section; and

(b) administer oaths, take affidavits, summon witnesses, and take testimony as to matters within the scope of the board's duties.

(2) The board shall have the authority to administer and enforce all the powers and duties granted statutorily or adopted administratively.

(3) The board shall adopt rules to administer this chapter. The rules must include but are not limited to:

(a) the development of a license application and examination, criteria for and grading of examinations, and establishment of examination and license fees ~~commensurate with actual costs~~ in effect on November 3, 1998;

(b) the issuance of a provisional license to midwives who filed the affidavit required by section 2, Chapter 493, Laws of 1989;

(c) the establishment of criteria for minimum educational, apprenticeship, and clinical requirements that, at a minimum, meet the standards established in 37-27-201;

(d) the development of eligibility criteria for client screening by direct-entry midwives in order to achieve the goal of providing midwifery services to women during low-risk pregnancies;

(e) the development of procedures for the issuance, renewal, suspension, and revocation of licenses;

(f) the adoption of disciplinary standards for licensees;

(g) the development of standardized informed consent and reporting forms;

(h) the adoption of ethical standards for licensed direct-entry midwives;

(i) the adoption of supporting documentation requirements for primary birth attendants; and

(j) the establishment of criteria limiting an apprenticeship that, at a minimum, meets the standards established in 37-27-201."

Section 218. Section 37-27-203, MCA, is amended to read:

"37-27-203. Examination -- exemption. (1) Except as provided in subsection (4), an applicant for a license as a direct-entry midwife shall pass a qualifying, written examination, prescribed by the board, that is designed to test knowledge of theory regarding pregnancy and childbirth and to test clinical judgment in midwifery management. If considered necessary, an oral interview may be conducted in addition to the written examination to determine the fitness of the applicant to practice as a direct-entry midwife.

(2) Before an applicant may take the examination, the applicant shall demonstrate to the board that the educational and practical experience requirements in 37-27-201(3) and (4) have been met.

(3) An applicant is exempt from the educational and practical experience requirements of 37-27-201(3) and (4) if the applicant has:

(a) satisfactorily completed the first examination given by the board following July 1, 1991; and

(b) filed supporting documentation, as required by the board by rule, certifying that the applicant has served as the primary birth attendant, providing continuous care at no less than 75 births within the 7 years prior to July 1, 1991, as verified by birth certificates from Montana or another state, a signed affidavit from the birthing mother, or documented records from the midwife.

(4) Upon payment of the license fee established by the board and in effect on November 3, 1998, a nurse-midwife certified pursuant to 37-8-409 is exempt from the requirements of 37-27-201 and this section and may be licensed as a direct-entry midwife."

Section 219. Section 37-27-210, MCA, is amended to read:

"37-27-210. Fees. (1) An applicant for a direct-entry midwife license shall, upon submitting an application to the board, pay an application fee set by the board~~, commensurate with costs~~ and in effect on November 3, 1998.

(2) An applicant required to take an examination shall, before commencement of the examination, pay an examination fee set by the board~~, commensurate with costs~~ and in effect on November 3, 1998.

(3) Before a license may be issued or renewed, an applicant shall pay a fee set by the board~~, commensurate with costs~~ and in effect on November 3, 1998.

(4) Subject to 37-1-101(6), money paid for application, examination, license, and license renewal fees must be deposited in the state special revenue fund for use by the board.

(5) Fees are nonrefundable."

Section 220. Section 37-28-202, MCA, is amended to read:

"37-28-202. Licensing requirements -- examination -- fees. (1) To be eligible for licensure by the board as a respiratory care practitioner, the applicant shall:

(a) submit to the board an application fee in an amount established by the board and in effect on November 3, 1998, and a written application on a form provided by the board demonstrating that the applicant has completed:

(i) high school or the equivalent; and

(ii) a respiratory care educational program accredited or provisionally accredited by the American medical association's committee on allied health education and accreditation in collaboration with the joint review committee for respiratory therapy education or their successor organizations; and

(b) pass an examination prescribed by the board. The board may use the entry-level examination written by the national board for respiratory care or another examination that satisfies the standards of the national commission for health certifying agencies or the commission's equivalent.

(2) A person holding a license to practice respiratory care in this state may use the title "respiratory care practitioner" and the abbreviation "RCP"."

Section 221. Section 37-28-203, MCA, is amended to read:

"37-28-203. Renewal of license -- application and fee. (1) A respiratory care practitioner's license expires on the date set by department rule.

(2) A licensee may renew a license by:

(a) filing an application with the board on a form approved by the board; and

(b) paying a renewal fee in an amount established by the board and in effect on November 3, 1998."

Section 222. Section 37-29-304, MCA, is amended to read:

"37-29-304. Applications and fees. (1) The board is initially entitled to charge and collect the following fees:

(a) $200 application for licensing;

(b) $200 for original license;

(d) $200 for examination or reexamination, provided that if on reexamination only the written examination is required, the fee is $100; and

(e) $50 for a duplicate or replacement license or a license for a second address, provided that a denturist may not hold licenses bearing more than two different addresses.

(2) The board may set other fees and modify the initial fees in accordance with ~~the provisions of 37-1-134~~ rules in effect on November 3, 1998."

Section 223. Section 37-30-307, MCA, is amended to read:

"37-30-307. Fees -- persons with disabilities exempted -- other fees prohibited. (1) The fee to be paid by an applicant with disabilities for an examination to determine the applicant's fitness to receive a certificate of registration to practice barbering and for the issuance of the certificate must be prescribed by the board and in effect on November 3, 1998.

(2) A person registered as a barber shall, before the expiration date established by rule of the department, annually pay a license fee, set by the board ~~based on clerical and administrative costs~~ and in effect November 3, 1998, for the renewal of the person's certificate of registration.

(3) However, persons with physical disabilities trained for the barber profession by the department of public health and human services and certified by that department as having graduated from a barber college licensed by the board are not required to pay fees and are for a period of 1 year immediately following their training exempt from all except the sanitary provisions of this chapter.

(4) Another or an additional license or fee may not be imposed on barbers by a municipality or other subdivision of this state."

Section 224. Section 37-30-310, MCA, is amended to read:

"37-30-310. Instructor's certificate required -- application and qualification -- fees. (1) Except as provided in subsection (3), a person may not, for a fee, instruct another in the practice of barbering unless that person holds an instructor's certificate issued by the board.

(2) The board shall issue an instructor's certificate to:

(a) any person engaged as an instructor in a barber college ~~on October 1, 1983,~~ upon payment of the certification fee in effect on November 3, 1998; or

(b) any person who passes the instructor's examination given by the department and pays a certification fee established by the board and in effect on November 3, 1998.

(3) This section does not apply to persons paying the license fee required by 37-30-424."

Section 225. Section 37-30-402, MCA, is amended to read:

"37-30-402. Application procedure for barbershops -- investigation and inspection -- hearing -- grant or refusal of license. An application for a barbershop license ~~shall~~ must be in writing and verified on a form prescribed by the board. On receipt by the department of an application for a license and on payment to the department of the initial inspection fee, in effect on November 3, 1998, the board shall have an investigation and inspection made as to the character of the applicant and, on notice and after hearing, shall report its findings to the department, which shall grant a license if the board finds that the applicant is of good character and that the proposed barbershop is equipped and will be conducted as required under this chapter. The application must be granted or refused within 30 days from the date of filing of the application or within 15 days after the hearing on the application if a hearing is held."

Section 226. Section 37-30-403, MCA, is amended to read:

"37-30-403. Facilities required for licensure -- inspection. (1) Before a license is issued to conduct a barbershop, barber school, or barber college in this state, the barbershop, barber school, or barber college must be inspected by the department and approved by the board and must meet the following requirements:

(a) It must have both hot and cold running water connected with the city water supply. In villages or towns where running water is not available, hot water tanks must have not less than a 2-gallon capacity with gravity pressure. Wastewater must be disposed of through a system carrying it away from the building by sewer connections or in a manner that meets the requirements of the department of environmental quality rules and city ordinances and that has the approval of the city or village board of health, as required by law.

(b) The headrest of a barber chair must be equipped so that each customer will be supplied with a clean, fresh paper or towel.

(c) It must have a closed cabinet for each chair, to keep instruments in when not in use and must have proper sterilization equipment for immersing instruments before use on each customer.

(d) It must have a sufficient number of towels so that each customer will be served with a clean, laundered towel.

(e) It must be well-lighted, well-ventilated, and kept in a clean, orderly, and sanitary condition at all times.

(f) It must pay to the department the required fee, in effect on November 3, 1998.

(2) Barbershops, barber schools, or barber colleges must be open to members of the department for inspection during business hours.

(3) The board shall inspect annually each barbershop, barber school, or barber college to determine compliance with statutory requirements and board rules. The board may suspend or revoke the license of any barbershop, barber school, or barber college that violates statutory requirements or board rules.

(4) The board may grant a temporary license to a barbershop, barber school, or barber college until the initial inspection is completed.

(5) Barber schools and barber colleges shall also comply with the provisions of 37-30-406 and 37-30-407."

Section 227. Section 37-30-404, MCA, is amended to read:

"37-30-404. Barber schools -- operator -- license fee. (1) A barber school or college operating in this state must have in charge a person who has had 3 years' continuous experience as a barber and who is licensed as a barber instructor under 37-30-310.

(2) The owner of the school or college shall first secure a license to operate granted by the board and issued by the department, on payment of an annual license fee prescribed by the board and in effect on November 3, 1998, and shall keep the license prominently displayed.

(3) The owner shall, before commencing business, file with the secretary of state a bond to this state, ~~which shall~~ that must be approved by the attorney general, in the sum of $5,000, conditioned on the faithful compliance of the barber school or college with this chapter and the payment of judgments that may be obtained against the school, college, or owner on account of fraud, misrepresentation, or deceit practiced by them or by their agents.

(4) All barber schools or colleges shall keep prominently displayed a substantial sign as a barber school or barber college.

(5) On receiving students, all barber schools or colleges shall immediately apply to the department for student permits on blank forms prescribed by the board."

Section 228. Section 37-30-405, MCA, is amended to read:

"37-30-405. Barber school license -- application procedure. (1) A person desiring to conduct a barber school or college must make application for the license required by 37-30-401 on forms provided by the department. The application must:

(a) include the name and address of the owners of the school and of the school itself;

(b) show that the person in charge has the experience required by 37-30-404;

(c) show that the applicant is of good moral character and possesses any education, training, and experience required by this chapter and any reasonable rules of the board;

(d) include a detailed floor plan of the school showing that it will have adequate space to conduct the activities of the school and that it will have at least two public restrooms, a storage room, a classroom, and a manager's office;

(e) include the names and addresses of the instructors;

(f) include a copy of any school rules;

(g) show that the school and its owner or manager can and will comply with the requirements of this chapter and the rules of the board; and

(h) be accompanied by the application and initial inspection fee established by the board and in effect on November 3, 1998.

(2) Upon receipt of a completed application, the department must conduct an inspection of the school to determine its compliance with 37-30-403, 37-30-406, 37-30-407, and this section. The board must issue the license if the school, its owner, and manager have:

(a) filed the bond required under 37-30-404; and

(b) complied with the requirements of this chapter and the rules of the board."

Section 229. Section 37-30-423, MCA, is amended to read:

"37-30-423. Initial inspection fee -- renewal. (1) In addition to the fees and charges provided by law on March 11, 1939, barbershops established prior to that date and that had been under the inspection of the board shall pay a license fee set by the board based on clerical and administrative costs. Barbershops established after March 11, 1939, shall pay an initial inspection fee prescribed by the board and in effect on November 3, 1998, for the first licensure period or portion of the licensure period and shall pay a license fee set by the board and in effect on November 3, 1998.

(2) Barbershop, school, or college licenses, once issued, expire on the date established by rule of the department, and an owner or manager of a barbershop, school, or college that continues in active operation shall, before the expiration date, renew the barbershop, school, or college license and pay the required fee. A barbershop that fails to have the license renewed before the expiration date shall, on renewal, pay a penalty prescribed by the board and in effect on November 3, 1998, and a barber school or college that fails to have the license renewed before the expiration date shall, on renewal, pay a penalty prescribed by the board and in effect on November 3, 1998."

Section 230. Section 37-31-304, MCA, is amended to read:

"37-31-304. Qualifications of applicants for license to practice. (1) Before a person may practice cosmetology, the person shall obtain a license to practice cosmetology from the department. Before a person may practice manicuring, the person shall obtain a license to practice manicuring from the department unless the person is licensed to practice cosmetology. Before a person may practice esthetics, the person shall obtain a license to practice esthetics from the department unless the person is already licensed to practice cosmetology.

(2) (a) To be eligible to take the examination to practice cosmetology, the applicant may not be less than 18 years of age, must be of good moral character, and must possess a high school diploma or the equivalent of a high school diploma recognized by the superintendent of public instruction. A person may apply to the board for an exception to the educational requirement of a high school diploma or the equivalent of a high school diploma. The board shall adopt by rule procedures for granting an exception. The applicant must have completed a course of study of at least 2,000 hours in a registered cosmetology school and must have received a diploma from the cosmetology school or must have completed the course of study in cosmetology prescribed by the board.

(b) A person qualified under subsection (2)(a) shall file with the department a written application to take the examination and shall deposit with the department the required examination fee, in effect on November 3, 1998, and pass an examination as to fitness to practice cosmetology.

(3) (a) To be eligible to take the examination to practice manicuring, an applicant may not be less than 18 years of age; must be of good moral character; possess a high school diploma, the equivalent of a high school diploma recognized by the superintendent of public instruction, or a certificate of completion from a vocational-technical program; and must have completed a course of study prescribed by the board in a registered school of cosmetology or a registered school of manicuring. A person may apply to the board for an exception to the educational requirement of a high school diploma, the equivalent of a high school diploma, or a vocational-technical program certificate of completion. The board shall adopt by rule procedures for granting an exception.

(b) A person qualified under subsection (3)(a) shall file with the department a written application to take the examination and deposit with the department the required examination fee in effect on November 3, 1998.

(4) (a) To be eligible to take the examination to practice esthetics, an applicant:

(i) may not be under 18 years of age;

(ii) must be of good moral character;

(iii) must possess a high school diploma, the equivalent of a high school diploma recognized by the superintendent of public instruction, or a certificate of completion from a vocational-technical program; and

(iv) must have completed a course of study prescribed by the board and consisting of not less than 650 hours of training and instruction in a registered school of cosmetology or a registered school of esthetics. A person may apply to the board for an exception to the educational requirement of a high school diploma, the equivalent of a high school diploma, or a vocational-technical program certificate of completion. The board shall adopt by rule procedures for granting an exception.

(b) A person qualified under subsection (4)(a) shall:

(i) file with the department a written application to take the examination;

(ii) deposit with the department the required examination fee in effect on November 3, 1998; and

(iii) pass an examination as to fitness to practice esthetics."

Section 231. Section 37-31-312, MCA, is amended to read:

"37-31-312. Inspection. (1) The department shall appoint one or more inspectors, each of whom shall devote time to inspecting cosmetology salons and performing other duties as the department, in cooperation with the board, may direct. The inspectors may enter a cosmetology salon, manicuring salon, esthetics salon, booth, school of cosmetology, school of manicuring, or school of esthetics during business hours for the purpose of inspection, and the refusal of a licensee to permit the inspection during business hours is cause for revocation of the license.

(2) Upon application for a license, a cosmetology, manicuring, or esthetics salon shall pay an initial inspection fee prescribed by the board and in effect on November 3, 1998.

(3) The board may authorize the department to grant to a cosmetology, manicuring, or esthetics salon, upon payment of the initial inspection fee, a temporary permit authorizing the cosmetology, manicuring, or esthetics salon to operate for a period not to exceed 90 days or until the inspector is able to make the inspection, whichever event occurs first. This temporary permit is not renewable.

(4) The department shall cause an inspector, appointed as provided in subsection (1), to conduct an annual inspection of each cosmetology, manicuring, and esthetics salon in the state."

Section 232. Section 37-31-322, MCA, is amended to read:

"37-31-322. Renewal -- delinquency fee. (1) Licenses and certificates may not be issued for longer than 1 year unless otherwise provided by department rule. Licenses and certificates expire on the date set by department rule and may be renewed. Licenses and certificates may be renewed by application made on or before the renewal date and by the payment of a required renewal fee, in effect on November 3, 1998. Expired licenses and certificates may be renewed under rules made by the board, but the right to renew an expired license or certificate terminates after 10 years of nonpayment. The renewal fee may not exceed twice the fee for a 2-year renewal or three times the fee for a 3-year renewal and must be as set by the board and in effect on November 3, 1998.

(2) A fee prescribed by the board and in effect on November 3, 1998, must be charged, in addition to other fees fixed by law, for renewal applications of licenses and certificates made after December 31 of each year or other predetermined renewal deadline."

Section 233. Section 37-31-323, MCA, is amended to read:

"37-31-323. Fees. (1) Fees for licenses and certificates of registration ~~shall~~ must be paid to the department in amounts prescribed by the board and in effect on November 3, 1998.

(2) The license and registration fees ~~shall~~ must be paid annually, unless otherwise provided by board rule, in advance to the department.

(3) No other or additional license or registration fee may be imposed by a municipal corporation or other political subdivision of this state for the practice or teaching of cosmetology."

Section 234. Section 37-32-306, MCA, is amended to read:

"37-32-306. Inspection. (1) The department shall appoint inspectors to inspect electrology schools and salons and perform other duties as the department may direct. Inspectors may enter electrology salons and schools during business hours for the purpose of evaluating whether the premises qualify for licensure or otherwise meet standards established by the board.

(2) Upon application for issuance of a license, an electrology salon or school shall pay an inspection fee prescribed by the board and in effect on November 3, 1998.

(3) The board may authorize the department to grant an electrology salon or school, upon payment of an inspection fee, in effect on November 3, 1998, a temporary permit authorizing the electrology establishment to operate for a period of not to exceed 90 days or until an inspector is able to make the inspection, whichever event occurs first. This temporary permit is not renewable.

(4) The board may conduct periodic inspections of electrology salons and schools within this state to determine compliance with this chapter and rules adopted to implement it."

Section 235. Section 37-34-201, MCA, is amended to read:

"37-34-201. Powers and duties of the board -- rulemaking authority. (1) The board shall:

(a) meet at least once annually, and at other times as agreed upon, to elect officers and to perform the duties described in this section; and

(b) administer oaths, take affidavits, summon witnesses, and take testimony as to matters within the scope of the board's duties.

(2) The board has the authority to administer and enforce all the powers and duties granted statutorily or adopted administratively.

(3) The board shall adopt rules to administer this chapter. The rules must include but are not limited to:

(a) the development of a license application procedure and acceptable certifications for each category of license;

(b) the ~~establishment~~ collection of license fees ~~commensurate with actual costs~~ in effect on November 3, 1998;

(c) the establishment of criteria for educational requirements that, at a minimum, meet the standards set forth in 37-34-303;

(d) the development of procedures for the issuance, renewal, suspension, revocation, and reciprocity of licenses;

(e) the adoption of disciplinary standards for licensees;

(f) the establishment of hearing procedures; and

(g) a requirement that the supervisor of a clinical laboratory technician be accessible at all times that testing is being performed by the technician in order to provide onsite, telephonic, or electronic consultation."

Section 236. Section 37-34-305, MCA, is amended to read:

"37-34-305. Licensure application procedures. (1) An applicant shall submit an application for a license to the board upon the forms prescribed and furnished by the board and shall pay an application fee set by the board and in effect on November 3, 1998.

(2) Upon receipt of the application and fee, the board shall issue a license for a clinical laboratory scientist, a clinical laboratory specialist, or a clinical laboratory technician to any person who meets the qualifications specified by the board as set forth in rules adopted by the board pursuant to 37-34-201 and 37-34-303.

(3) A license issued under this chapter must be renewed on or before the date set by department rule.

(4) Except for the assessment provided in 37-1-101(6), money paid for application, license, and license renewal fees must be deposited in the state special revenue fund for use by the board."

Section 237. Section 37-35-103, MCA, is amended to read:

"37-35-103. Department powers and duties. (1) The department shall:

(a) examine, certify, and renew the certificates of qualified applicants;

(b) adopt rules:

(i) for eligibility requirements and competency standards;

(ii) prescribing the time, place, content, and passing requirements of the certification and competency examinations and passing scores for certification under 37-35-202;

(iii) for application forms, ~~and~~ fees for certification and for renewal, in effect on November 3, 1998, and certification expiration dates; and

(iv) defining any unprofessional conduct that is not included in 37-1-316; and

(c) adopt and implement rules for training programs, internships, and continuing education requirements to ensure the quality of chemical dependency counseling.

(2) The department may:

(a) adopt rules necessary to implement the provisions of this chapter;

(b) adopt rules specifying the scope of chemical dependency counseling that are consistent with the education required by 37-35-202; and

Section 238. Section 37-35-202, MCA, is amended to read:

"37-35-202. Certification requirements -- examination -- fees. (1) To be eligible for certification as a chemical dependency counselor, the applicant shall submit an application fee in an amount established by the department by rule in effect on November 3, 1998, and a written application on a form provided by the department that demonstrates that the applicant has completed the eligibility requirements and competency standards as defined by department rule.

(2) A person may apply for certification as a certified chemical dependency counselor if the person has:

(a) received a baccalaureate degree in alcohol and drug studies, psychology, sociology, social work, counseling, or a related field from an accredited college or university;

(b) received an associate of arts degree in alcohol and drug studies, chemical dependency, or substance abuse from an accredited institution; or

(c) successfully completed at least 1 year of formalized training in chemical dependency counseling in a program approved by the department or recognized under the laws of another state.

(3) Prior to becoming eligible to begin the examination process, each person shall complete supervised work experience in a chemical dependency treatment program as defined by the department, in an internship approved by the department, or in a similar program recognized under the laws of another state.

(4) Each applicant shall successfully complete a competency examination process as defined by rules adopted by the department.

(5) A person holding a certificate to practice as a certified chemical dependency counselor in this state may use the title "certified chemical dependency counselor"."

Section 239. Section 37-35-203, MCA, is amended to read:

"37-35-203. Renewal of certificate -- application and fee. (1) A certificate expires biennially on the date set by department rule.

(2) A certificate holder may renew a certificate by:

(a) filing an application on a form prescribed by the department; and

(b) paying a renewal fee in an amount established by the department and in effect on November 3, 1998.

(3) A default in the payment of a renewal fee after the date it is due may increase the fee, as prescribed by the department by rule in effect on November 3, 1998.

(4) It is unlawful for a person who refuses or fails to pay the renewal fee to practice as a certified chemical dependency counselor in this state.

(5) A certificate not renewed within 1 year following its expiration date terminates automatically."

Section 240. Section 37-40-304, MCA, is amended to read:

"37-40-304. Fees -- renewal. (1) An applicant for a license shall pay a fee set by the board and in ~~an amount commensurate with examination and administrative costs~~ effect on November 3, 1998.

(2) A registered sanitarian may renew the license by paying a renewal fee, in effect on November 3, 1998, and meeting qualifications set by the board.

(3) Renewal fees are due on or before the renewal date set by department rule. If the renewal fee is not paid, the license expires. Licenses which have lapsed for failure to pay renewal fees may be reissued under rules adopted by the board."

Section 241. Section 37-42-304, MCA, is amended to read:

"37-42-304. Application for operator's certificate -- fee. A person desiring to engage in the operation of a water treatment plant, water distribution system, or wastewater treatment plant shall first file an application with the department for a proper certificate. The department shall charge a fee ~~of the same amount as the license cost as established pursuant to 37-1-134~~, in effect on November 3, 1998, and ~~shall~~ may not act on an application until the fee has been paid."

Section 242. Section 37-42-308, MCA, is amended to read:

"37-42-308. Annual renewal -- fees -- revocation for failure to renew -- reinstatement -- notice of suspension. (1) Certificates issued under this chapter ~~shall~~ must be renewed annually before July 1. A certificate issued after July 1 expires the following June 30. After the payment of the initial fee under 37-42-304, a certificate holder shall pay before July 1 of each certificate year a renewal fee according to the schedule adopted by the department ~~pursuant to 37-1-134~~ and in effect on November 3, 1998.

(2) If a certificate holder does not apply for a renewal of ~~his~~ a certificate before July 1 and remit to the department the necessary renewal fee, ~~he shall have his~~ the certificate must be suspended by the department. If the certificate remains suspended for a period of more than 30 days, it ~~shall~~ must be revoked by the department. However, the department, before this revocation, shall notify the certificate holder by certified mail at the address on the issued certificate of its intention to revoke, at least 10 days before the time set for action to be taken by the department on the certificate.

(3) A certificate once revoked may not be reinstated unless it appears that an injustice has occurred through error or omission or other fact or circumstances indicating to the department that the certificate holder was not guilty of negligence or laches.

(4) Notice of suspension ~~shall~~ must be given to the certificate holder when the suspension occurs and to the proper official or owner of the treatment works or distribution system.

(5) If a person whose certificate has been revoked through ~~his~~ the person's own fault desires to continue as a water or wastewater plant operator, ~~he must~~ the person shall make application to the department under 37-42-304. Successful completion of an examination may be required at the discretion of the department."

Section 243. Section 37-43-202, MCA, is amended to read:

"37-43-202. Powers and duties. (1) The board may exercise the authority granted to it by this chapter.

(2) The board shall adopt rules and orders to effectuate this chapter.

(3) The board shall adopt rules to establish mandatory water well construction standards and enforcement procedures. The standards must address the protection of the drilling site; specifications for casing materials; materials and specifications for well screens; casing perforations; well development procedures; proper sealing and grouting; temporary capping; cleaning and disinfecting; bonds; guaranties; contractors' and drillers' qualifications; tests for yield and drawdown; reporting procedures and requirements for water quality, well logs, location of wells, and information relating to local conditions; well filters; access ports; gravel packing; sampling methods; plumbness and alignment of the hole and casing; well abandonment procedures; and other necessary and appropriate standards.

(4) The board shall adopt minimum standards regarding the construction, use, and abandonment of monitoring wells. The standards must be designed to protect the state's ground water resource from degradation by contamination and loss of hydrostatic pressure. A violation of the standards does not occur if it can be shown that noncompliance results in equal or greater protection of the ground water resource.

(5) The board may request the department to inspect water wells or monitoring wells drilled or being drilled, and the department has access to these wells at reasonable times.

(6) The board may establish a program for training apprentices and licensed or prospective water well contractors, water well drillers, and monitoring well constructors to more effectively carry out this chapter.

(7) The board shall set and enforce standards and rules governing the licensing, registration, and conduct of water well drillers, water well contractors, and monitoring well constructors.

(8) The board shall ~~set~~ collect fees ~~commensurate with costs~~ in effect on November 3, 1998. The board may ~~establish~~ collect fees, including but not limited to fees for application, examination, renewal, reciprocity, late renewal, and continuing education. Board costs not related to specific programs may be equitably distributed as determined by the board. The board shall maintain records sufficient to support the fees charged for each program area.

(9) The rules of the board must be compiled in printed form for distribution to interested persons, for which the department may charge a fee in effect on November 3, 1998. Sums realized from these sales must be deposited in the state special revenue fund for the use of the board.

(10) The board shall:

(a) authorize the department to issue licenses to qualified water well contractors, water well drillers, and monitoring well constructors in this state;

(b) cause examinations to be made of applicants for licenses;

(d) generally perform duties that will carry out this chapter.

(11) The board shall pay to the department its share of the assessed costs of the department in administering this chapter."

Section 244. Section 37-43-303, MCA, is amended to read:

"37-43-303. Application -- fee. (1) Except as provided in 37-43-302(2), a person desiring to engage in the drilling, making, construction, alteration, or rehabilitation of one or more water or monitoring wells for underground water in this state shall first file an application with the department for a license. The application must set forth the applicant's qualifications, the equipment proposed to be used in the contracting, and other matters required by the board on forms adopted by the board.

(2) The department shall charge a fee prescribed by the board and in effect on November 3, 1998, for filing an application. The application ~~shall~~ may not be acted on until the fee has been paid. Fees collected under this section ~~shall~~ must be deposited in the state special revenue fund for the use of the board.

(3) An appropriate license ~~shall~~ must be issued to an applicant if, in the opinion of the board, the applicant is qualified to conduct water well or monitoring well construction operations. In the granting of licenses, the board shall have due regard for the interest of this state in the protection of its underground waters."

Section 245. Section 37-43-307, MCA, is amended to read:

"37-43-307. Annual renewal -- fee -- revocation for nonrenewal. (1) The term for licenses issued under this chapter is from July 1 of each year through the following June 30. After the payment of the initial fee under 37-43-303, a licensee shall pay, before the first day of each license year, a renewal fee as prescribed by the board and in effect on November 3, 1998.

(2) If a licensee does not apply for renewal of ~~his~~ a license before the first day of a license year and remit to the department the renewal fee, ~~he shall have his~~ the license must be suspended by the board. If the license remains suspended for a period of more than 30 days after the first day of a license year, it ~~shall~~ must be revoked by the board. However, the department, prior to this revocation, shall notify the licensee of the board's intention to revoke at least 10 days prior to the time set for action to be taken by the board on the license, by mailing notice to the licensee at the address appearing for the licensee in the records and files of the department. A license once revoked may not be reinstated unless it appears that an injustice has occurred indicating to the board that the licensee was not guilty of negligence or laches. If a person whose license has been revoked through ~~his~~ the person's own fault desires to engage in the business of water well drilling or monitoring well construction in this state or contracting ~~therefor~~ for water well drilling or monitoring well construction, he the person must apply under 37-43-303. Notice of suspension ~~shall~~ must be given a licensee when the suspension occurs."

Section 246. Section 37-47-306, MCA, is amended to read:

"37-47-306. Fees. (1) The board shall ~~establish~~ collect fees ~~commensurate with costs as provided in 37-1-134~~ in effect on November 3, 1998.

(2) Applications must be accompanied by a license fee as specified by board rule in effect on November 3, 1998.

(3) If a nonresident resides in a state requiring residents of the state of Montana to pay in excess of the amount established by the board for a similar license, the fee for the nonresident outfitter's, guide's, or professional guide's license must be the same amount as the higher fee charged in the state where the nonresident resides.

(4) The license fees must be deposited in the state special revenue fund and must be used by the board to investigate the applicant, to enforce this part, and for administrative costs, subject to 37-1-101(6)."

Section 247. Section 37-50-204, MCA, is amended to read:

"37-50-204. Rulemaking powers relating to reexaminations. The board shall have power to prescribe by uniform rule for the following:

(1) the terms and conditions under which a candidate who passes one or more subjects of examination may be reexamined in only the remaining subjects, with credit for the subjects previously passed;

(2) a reasonable waiting period for a candidate's reexamination in a subject he that the candidate has failed;

(3) the maximum number of reexaminations for which a candidate may apply;

(4) the fees, in effect on November 3, 1998, to be charged each candidate for initial examinations and special examinations~~, which shall be commensurate with costs~~. With respect to reexaminations, a fee ~~commensurate with costs~~ in effect on November 3, 1998, may be charged for each subject in which the candidate is reexamined."

Section 248. Section 37-50-317, MCA, is amended to read:

"37-50-317. Certificate, license, and permit expiration -- renewal fees. (1) Certificates, licenses, and permits issued by the board expire on the date set by department rule.

(2) Certificates and licenses must be renewed by the department upon payment of the periodic renewal fee set by the board and in effect on November 3, 1998, and upon compliance with requirements prescribed by the board.

(3) Permits must be renewed by the department upon payment of the periodic renewal fee and upon compliance with the requirements prescribed by the board."

Section 249. Section 37-51-207, MCA, is amended to read:

"37-51-207. Schedule of fees. The board shall adopt a schedule of fees, in effect on November 3, 1998, to be charged by the department and to be paid into the state special revenue fund for the use of the board. ~~The fees charged must be reasonably related to the cost incurred in regulating the real estate industry.~~"

Section 250. Section 37-51-310, MCA, is amended to read:

"37-51-310. Renewal. (1) License fees are due and payable for the ensuing licensure period at a time prescribed by department rule. Failure to remit renewal fees before the expiration date of the licensure period automatically cancels the license, but otherwise the license remains in effect continuously from the date of issuance unless suspended or revoked by the board for just cause.

(2) A licensee who allows the license to lapse by failing to remit the fees before the expiration date may have the license reinstated by the board by:

(a) within 45 days after the expiration date, providing a satisfactory explanation to the board for the licensee's failure to renew the license; and

(b) paying the current renewal fee prescribed by the board and in effect on November 3, 1998.

(3) The board may also charge a late fee equal to twice the current renewal fee, but no less than $100, to a licensee who does not renew the license as required by subsection (1)."

Section 251. Section 37-54-105, MCA, is amended to read:

"37-54-105. Powers and duties of board. The board shall:

(1) adopt rules to implement and administer the provisions of this chapter;

(2) establish and collect fees ~~commensurate with the costs of~~, in effect on November 3, 1998, for licensure and certification and renewal of a license or certificate;

(3) establish minimum requirements for education, experience, and examination for licensure and certification as set out by the appraisal qualification board of the appraisal foundation;

(4) receive applications for examination from qualified applicants, prescribe and administer examinations to qualified applicants, and determine the acceptable level of performance on examinations;

(5) receive and review applications for licensure and certification and issue licenses and certificates;

(6) review periodically the standards for development and communication of appraisals and adopt rules explaining and interpreting the standards;

(7) retain all applications and other records submitted to it;

(8) adopt by rule standards of professional appraisal practice in this state;

(9) reprimand, suspend, revoke, or refuse to renew the license or certificate of a person who has violated the standards established for licensed and certified real estate appraisers; and

(10) perform other duties necessary to implement this chapter."

Section 252. Section 37-54-110, MCA, is amended to read:

"37-54-110. Roster of licensed and certified real estate appraisers. The board shall prepare and issue at least once each calendar year a roster listing the name and principal place of business of each real estate appraiser currently licensed or certified under this chapter. A member of the public may obtain a copy of the roster by applying to the board. The board may set a reasonable fee, in effect on November 3, 1998, for the cost of providing the roster."

Section 253. Section 37-54-210, MCA, is amended to read:

"37-54-210. License renewal. (1) A real estate appraiser's license expires on the date set by department rule.

(2) A licensee may renew a license by filing an application with the board on a form approved by the board, paying a renewal fee prescribed by the board and in effect on November 3, 1998, and meeting all requirements of this chapter.

(3) In renewing a license, the board shall ensure that the licensee has a working knowledge of:

(a) current real estate appraisal theories; and

(b) practices and techniques that will enable the licensee to provide competent appraisal service under the authority of the license."

Section 254. Section 37-54-211, MCA, is amended to read:

"37-54-211. Late renewal of license. (1) A license that is not renewed within 1 year of the most recent renewal date automatically terminates. A licensee may renew the license within the 1-year period from the date of most recent renewal by:

(a) filing with the board an application for late renewal on a form approved by the board;

(b) satisfying the requirements for continued licensure; and

(2) The board may refuse to renew a license if the licensee has continued to perform appraisal services as a licensed real estate appraiser following expiration of the license."

Section 255. Section 37-54-302, MCA, is amended to read:

"37-54-302. Certification process -- fees. (1) An application for examination for certification, original certification, or renewal of certification must be made in writing to the board on forms approved by the board.

(2) A fee established by the board by rule in effect on November 3, 1998, must accompany the application.

(3) When an applicant files an application for original certification or renewal of certification, the applicant shall sign a pledge to comply with the standards of professional appraisal practice established for certified real estate appraisers under 37-54-403 and affirm that the applicant understands the types of misconduct for which disciplinary action may be initiated under 37-1-308.

(4) To be eligible for original certification as a real estate appraiser, an applicant shall:

(a) specify the class or classes of certification for which the applicant is applying and provide evidence satisfactory to the board that the applicant has the education required for the class or classes of certification for which application is made; and

(b) pass an examination prescribed by the board.

(5) A certificate issued under 37-54-305 must bear the signatures or facsimile signatures of the members of the board and a certificate number assigned by the board."

Section 256. Section 37-54-311, MCA, is amended to read:

"37-54-311. Late renewal of certificate. (1) A certificate that is not renewed within 1 year of the most recent renewal date automatically terminates. A certificate holder may renew the certificate within the 1-year period from the date of most recent renewal by:

(a) filing with the board an application for late renewal on a form approved by the board;

(b) satisfying the requirements set by law; and

(2) The board may refuse to renew a certificate if the certificate holder has continued to perform appraisal services in this state following expiration of the certificate."

Section 257. Section 37-60-202, MCA, is amended to read:

"37-60-202. Rulemaking power. The board shall adopt and enforce rules:

(1) specifying the form of and procedure to be used in granting, denying, suspending, or revoking any license or identification card;

(2) fixing the qualifications of resident managers, qualifying agents, licensees, and holders of identification cards, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare;

(3) establishing~~, in accordance with 37-1-134,~~ application and examination fees for original or renewal licenses and identification cards, in effect on November 3, 1998, and providing for refunding of any fees;

(4) prohibiting the establishment of branch offices of any licensee, except a proprietary security organization, without approval by the board, establishing qualification requirements and license fees, in effect on November 3, 1998, for those offices;

(5) for the certification of private investigator and private security guard training programs, including the certification of firearms training programs and firearms instructors;

(6) for the approval of weapons;

(7) requiring the maintenance of records;

(8) requiring licensees to file an insurance policy or proof of financial responsibility as the board considers necessary with the board; and

(9) providing for the issuance of probationary identification cards for private investigators who do not meet the requirements for age, employment experience, and written examination."

Section 258. Section 37-60-304, MCA, is amended to read:

"37-60-304. Licenses -- application form and content. (1) Application for a license ~~shall~~ must be made on a form prescribed by the board and accompanied by the application fee set by the board and in effect on November 3, 1998.

(2) An application ~~shall~~ must be made under oath and ~~shall~~ must include:

(a) the full name and address of the applicant;

(b) the name under which the applicant intends to do business;

(d) a statement as to whether the applicant desires to be licensed as a contract security company, a proprietary security organization, a private investigator, or a private security guard;

(e) two recent photographs of the applicant, of a type prescribed by the board, and two classifiable sets of ~~his~~ the applicant's fingerprints;

(f) a statement of ~~his~~ the applicant's age and experience qualifications;

(g) ~~such~~ other information, evidence, statements, or documents as may be prescribed by the rules of the board; and

(h) if the applicant is a person other than an individual, the full name and residence address of each of its partners, officers, and directors and its manager.

(3) The board shall verify the statements in the application and the applicant's moral character. The board shall send written notification to the chief of police, the sheriff, and the county attorney in whose jurisdiction the principal office of the applicant is to be located that an application has been submitted."

Section 259. Section 37-60-312, MCA, is amended to read:

"37-60-312. Renewal. (1) Licenses and identification cards issued under this chapter expire at midnight on the dates prescribed by department rule if not, in each instance, renewed. To renew an unexpired license, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the board and pay the renewal fee prescribed by this chapter and in effect on November 3, 1998.

(2) The board may refuse to renew a license or identification card for any reason for which it could refuse to grant an original application or suspend or revoke any license or identification card."

Section 260. Section 37-65-304, MCA, is amended to read:

"37-65-304. Examination fee -- deposit of fee. (1) Applicants for examination shall pay in advance to the department a fee set by the board~~, commensurate with the cost, which shall~~ and in effect on November 3, 1998, that must defray the entire examination expense of the candidate. An applicant failing to pass the examination is entitled to reexamination at the next scheduled examination on payment of a reasonable fee prescribed by the board and in effect on November 3, 1998.

(2) The money received from the applicant ~~shall~~ must be deposited in the state special revenue fund for the use of the board, subject to 37-1-101(6)."

Section 261. Section 37-65-306, MCA, is amended to read:

"37-65-306. Renewal -- fee. A licensed architect in this state who desires to continue the practice of the profession shall, on or before the renewal date set by department rule:

(1) pay to the department a reasonable fee as prescribed by the board and in effect on November 3, 1998; and

(2) present evidence to the board of continued qualification for licensure."

Section 262. Section 37-66-202, MCA, is amended to read:

"37-66-202. Rulemaking power. The board may promulgate ~~such~~ rules, including setting of fees, in effect on November 3, 1998, as that are necessary in the performance of its duties and may hear contested cases arising under this chapter."

Section 263. Section 37-66-307, MCA, is amended to read:

"37-66-307. Renewal -- withdrawal -- deposit of fees. (1) Certification of licensure or renewal of registration expires on the date set by department rule. Renewal may be effected on or before the renewal date by payment to the department of the required fee in effect on November 3, 1998. The board shall issue current renewal registration to each landscape architect promptly upon payment of the renewal registration fee.

(2) Any registrant in good standing, upon ceasing to practice landscape architecture, shall give written notice to the board, and the board shall suspend the license. The person may resume practice upon payment of the ~~then-current~~ fee in effect on November 3, 1998, and upon approval by the board.

(3) All fees received under the provisions of this chapter must be deposited in the state special revenue fund by the department. The money collected must be used by the department to carry out the purpose, duties, and responsibilities set forth in this chapter, subject to 37-1-101(6)."

Section 264. Section 37-67-303, MCA, is amended to read:

"37-67-303. Application -- contents -- fees. (1) Applications for registration must be on forms prescribed by the board and furnished by the department, must contain statements made under oath showing the applicant's education and a detailed summary of the applicant's technical work, and must contain the required references.

(2) The fee for engineer intern is as prescribed by the board and in effect on November 3, 1998, must accompany the application, and must include the cost of one examination. No additional fee is required for issuance of a certificate.

(3) The application fee for registration as a professional engineer is as prescribed by the board for those holding an engineer intern certificate validated for Montana and in effect on November 3, 1998. For those holding a valid engineer intern certificate from some other state, the application fee is as prescribed by the board and in effect on November 3, 1998, which includes cost of verification of engineer intern certification and one examination. Upon approval of application for registration as a professional engineer, an additional fee equal to the ~~existing~~ renewal fee in effect on November 3, 1998, must be paid before issuance of a certificate as a professional engineer.

(4) The department, subject to approval by the board, may, on approval of the application, payment of a fee as prescribed by the board and in effect on November 3, 1998, and payment of an additional fee equal to the appropriate renewal fee in effect on November 3, 1998, issue a certificate of registration as a professional engineer to a person who holds a certificate of qualification or registration issued to the person by the committee on national engineering certification of the national council of examiners for engineering and surveying or by a state, territory, or possession of the United States or by another country if the applicant's qualifications meet the requirements of this chapter and the rules of the board.

(5) The fee for land surveyor intern is as prescribed by the board and in effect on November 3, 1998, which must accompany the application and must include the cost of one examination. No additional fee is required for issuance of a certificate.

(6) The application fee for registration as a professional land surveyor is as prescribed by the board and in effect on November 3, 1998, for those holding a land surveyor intern certificate validated in Montana. For those holding a valid land surveyor intern certificate from some other state, the application fee is as prescribed by the board and in effect on November 3, 1998, which includes cost of verification of the certification. Upon approval of application for registration as a professional land surveyor, an additional fee, in effect on November 3, 1998, equal to the ~~existing~~ renewal fee in effect on November 3, 1998, must be paid before issuance of a certificate as a professional land surveyor.

(7) The application fee for registration as both a professional engineer and professional land surveyor is as prescribed by the board and in effect on November 3, 1998, for those holding engineer intern and land surveyor intern certificates validated in Montana. For those holding valid engineer intern and land surveyor intern certificates from another jurisdiction, the application fee is as prescribed by the board and in effect on November 3, 1998. The fee must accompany the application. Upon approval of application for registration as a professional engineer and professional land surveyor, an additional fee, in effect on November 3, 1998, equal to the ~~existing~~ renewal fee in effect on November 3, 1998, must be paid before issuance of a certificate.

(8) If the board denies issuance of a certificate of registration to any applicant, the initial fee deposited must be retained as an application fee."

Section 265. Section 37-67-311, MCA, is amended to read:

"37-67-311. Examinations. Examination requirements are as follows:

(1) The examinations must be held at times and places as the board directs. The board shall determine the acceptable grade on examinations.

(2) Written examinations may be taken only after the applicant has met the other minimum requirements as given in 37-67-305 through 37-67-310 and has been approved by the board for admission to the examinations as follows:

(a) The examination on engineering fundamentals consists of an 8-hour examination on the fundamentals of engineering. Passing the examination qualifies the examinee for an engineer intern certificate if the examinee has met all other requirements for certification required by this chapter.

(b) The examination on principles and practice of engineering consists of an 8-hour examination on applied engineering. Passing this examination qualifies the examinee for registration as a professional engineer if the examinee has met the other requirements for registration required by this chapter.

(c) The examinations for land surveyor intern consist of two 4-hour examinations, designated as parts I and II, on the basic disciplines of land surveying. Passing these examinations qualifies the examinee for a land surveyor intern certificate the examinee has met all other requirements for certificates required by this chapter.

(d) The requirements and examinations for professional land surveyor consist of being a land surveyor intern, of two examinations, designated as parts III and IV, on the applied disciplines of land surveying, and of an examination specifically related to land surveying in Montana. Passing these examinations qualifies the examinee for registration as a professional land surveyor if the examinee has met the other requirements for registration required by this chapter.

(3) A candidate failing one examination may apply for reexamination, which may be granted upon payment of a fee established by the board and in effect on November 3, 1998. Before readmission to the examination in the event of a second failure, the examinee must wait 1 year before a third examination.

(4) A candidate failing three examinations may not be allowed readmission to the examination. The candidate may apply for a special circumstance waiver from the board to be readmitted to the examination."

Section 266. Section 37-67-315, MCA, is amended to read:

"37-67-315. Biennial renewal -- fee -- statement of competency. (1) Certificates of registration expire every second year on the date established by rule of the department and become invalid on that date unless renewed. The department shall notify each person registered under this chapter of the date of the expiration of the person's certificate and the amount of the fee required for its renewal for 2 years. This notice must be mailed at least 1 month in advance of the date of the expiration of the certificate. Renewal may be made prior to the expiration date by the payment of a fee as set by the board and in effect on November 3, 1998, for either a professional engineer or professional land surveyor. For renewal of a dual license as both a professional engineer and professional land surveyor, the fee must be set by the board and in effect on November 3, 1998.

(2) A certificate may not be renewed unless the registrant submits a statement to the effect and the board is satisfied that the registrant has maintained competency by:

(a) the continued practice of engineering or land surveying; and

(b) engaging in other activities that provide for the maintenance of competency if prescribed by board rule, such as continuing education, which may require up to 15 professional development hours as prescribed by board rule and is generally patterned after the model rules of the national council of examiners for engineering and surveying.

(3) Failure on the part of a registrant to renew the certificate biennially prior to the expiration date does not deprive the registrant of the right of renewal;. ~~however~~ However, a registrant who fails to pay the renewal fee, in effect on November 3, 1998, for an additional year of the biennium is considered a new applicant and is required to submit a new application.

(4) The fee for any registrant who fails to renew the certificate prior to the expiration date must be increased by an amount, in effect on November 3, 1998, not to exceed 50% of the renewal fee. Renewal may not be completed until all fees are paid."

Section 267. Section 37-67-318, MCA, is amended to read:

"37-67-318. Roster of licensees to be published by department. A roster showing the names and addresses of registered professional engineers and registered professional land surveyors ~~shall~~ must be published by the department. Copies ~~shall~~ must be placed on file with the secretary of state, the clerk of each incorporated city and town, and in the office of each county clerk and recorder within the state and furnished to each person registered and to the public, on request, at a fee established by the board and in effect on November 3, 1998."

Section 268. Section 37-67-321, MCA, is amended to read:

"37-67-321. Emeritus status. (1) A registrant who has terminated ~~his~~ the practice of engineering or land surveying may apply to the board for emeritus status.

(2) Upon receiving an application for emeritus status accompanied by the fee established by the board and in effect on November 3, 1998, the board shall issue a certificate of emeritus status to the applicant and record the applicant's name in the roster as an emeritus registrant, along with the date he that the applicant received emeritus status.

(3) An emeritus registrant may retain but may not use ~~his~~ the registrant's seal and may not practice engineering or land surveying.

(4) The board shall reissue a certificate of registration to an emeritus registrant who pays all application fees in effect on November 3, 1998, meets all current requirements for registration, and demonstrates to the board's satisfaction that for the 2 years preceding ~~his~~ the application for registration he that the applicant has met the requirements for maintaining professional competence established under 37-67-315."

Section 269. Section 37-68-304, MCA, is amended to read:

"37-68-304. Master electricians -- application -- qualifications -- contents of examination. (1) An applicant for a master electrician's license shall furnish written evidence that he the applicant is a graduate electrical engineer of an accredited college or university and has 1 year of practical electrical experience or that he the applicant is a graduate of an electrical trade school and has at least 4 years of practical experience in electrical work or that he the applicant has had at least 5 years' practical experience in planning, laying out, or supervising the installation and repair of wiring, apparatus, or equipment for electrical light, heat, and power.

(2) ~~Applicants~~ An applicant for license as a master electrician shall file an application on forms prescribed by the board and furnished by the department, together with the examination fee in effect on November 3, 1998. The board shall, not less than 30 days prior to a scheduled written examination, notify each applicant that the evidence submitted with ~~his~~ the application is sufficient to qualify ~~him~~ the applicant to take the written examination or that the evidence is insufficient and is rejected. If the application is rejected, the board shall set forth the reasons in the notice to the applicant and shall authorize the department to return the applicant's examination fee. The place of examinations ~~shall~~ must be designated by the board, and examinations ~~shall~~ must be held at least once a year and at other times as, in the opinion of the board, the number of applicants warrants.

(3) The written examination ~~shall~~ must consist of at least 30 questions designed to fairly test the applicant's knowledge and ~~his~~ technical application in the following subjects:

(a) the national electrical code;

(b) cost estimating for electrical installments;

(d) reading of blueprints for electrical work;

(e) drafting and layout of electrical circuits;

(f) knowledge of practical electrical theory."

Section 270. Section 37-68-307, MCA, is amended to read:

"37-68-307. Examination procedure -- issuance of master, journeyman, or residential electrician's license -- expiration. (1) To ensure impartiality, the examination for either the residential, master's, or journeyman's license must be by numbers drawn by lot. A paper may not be marked with the name of an applicant, but must be anonymously graded by the department. The examination passing grade is 75%.

(2) If it is determined that the applicant has passed the examination, the department, on payment by the applicant of the fee in effect on November 3, 1998, shall issue to the applicant a license that authorizes the licensee to engage in the business, trade, or calling of a residential electrician, journeyman electrician, or master electrician.

(3) Unless otherwise provided by rules established by the department, each original license expires on a July 15 that is not more than 3 years subsequent to the date of issuance."

Section 271. Section 37-68-310, MCA, is amended to read:

"37-68-310. License renewal period -- renewal of lapsed licenses. Licenses of residential electricians, journeyman electricians, or master electricians, unless they have been suspended or revoked by the board or unless the department changes the duration of the renewal period, must be renewed for a period of 3 years by the department on application for renewal made to the department on or before the renewal date set by department rule and on the payment of a renewal fee in effect on November 3, 1998. If application for renewal is not made on or before the renewal date, an additional fee prescribed by board rule and in effect on November 3, 1998, must be paid. It is unlawful for a person who refuses or fails to pay the renewal fee to practice electrical work in this state. A person with a lapsed license may be issued a renewal license without examination if the applicant pays the original renewal fee and any delinquency fee, in effect on November 3, 1998, within 1 year of the license expiration date. A lapsed license that is not renewed within 1 year following its expiration date may not be renewed unless the applicant passes the examination and pays the fee required for an original license and in effect on November 3, 1998."

Section 272. Section 37-68-311, MCA, is amended to read:

"37-68-311. Examination fee -- license fee -- specific exemption for apprentices. (1) Master electricians and journeyman or residential electricians installing or intending to install for hire electric wiring or equipment to convey electric current or apparatus to be operated by this current shall make application for a license to the department. The application must be on a form furnished by the department and must be accompanied by an examination fee set by the board and in effect on November 3, 1998. The forms must state the applicant's full name and address, the extent of work experience, and other information required by the board. If the applicant has complied with the rules adopted by the board and, being qualified, has successfully completed the examination, the applicant shall pay to the department a license fee set by the board and in effect on November 3, 1998, for a master electrician's license or for a journeyman or a residential electrician's license, and upon receipt of the fee the department shall issue the proper license to the applicant.

(2) A person serving a 4-year electrician apprenticeship under the supervision of a licensed electrician is exempt from the licensing provision of this section during training. Credit for the time spent in an electrical school must be given to the master electrician, journeyman electrician, residential electrician, or apprentice, up to a total of 2 years, on the 4-year requirement."

Section 273. Section 37-68-312, MCA, is amended to read:

"37-68-312. Electrical contractor's license -- application -- issuance -- fees -- renewal. Each electrical contractor shall, on or before the date set by department rule, file with the department an application in writing for each firm operated by the electrical contractor in this state for renewal of the license. A license may not be issued or renewed until the applicant meets the licensure requirements and has paid to the department a license fee set by the board and in effect on November 3, 1998, for each firm operated by the electrical contractor. Licenses must bear the date of issuance or renewal. A license must be renewed for a 3-year period upon payment to the department of the license fee in effect on November 3, 1998, on or before the renewal date and upon meeting the requirements set by board rule."

Section 274. Section 37-68-313, MCA, is amended to read:

"37-68-313. Reasonable fees -- deposit of money collected. All fees established by the board under this chapter must be ~~reasonably related to the respective program costs~~ in effect on November 3, 1998. Money collected by the department under this chapter ~~shall~~ must be deposited in the state special revenue fund for the use of the board."

Section 275. Section 37-69-307, MCA, is amended to read:

"37-69-307. Examination fee and renewal fee. (1) An applicant for a master plumber's license may not submit to the examinations prescribed by the board until the applicant has deposited with the department an examination fee prescribed by the board and in effect on November 3, 1998, and an applicant for a journeyman plumber's license may not submit to the examination prescribed by the board until the applicant has deposited with the department an examination fee as prescribed by the board and in effect on November 3, 1998.

(2) A license when issued expires on the date established by rule of the department. A license issued to a master plumber or a journeyman plumber may be renewed without examination, at any time prior to its expiration, by a written request for its renewal directed to the department and the payment of a fee as set by the board for renewal of a master plumber's license and in effect on November 3, 1998, or a fee as set by the board for renewal of a journeyman plumber's license and in effect on November 3, 1998. Renewal is for the period established by the department by rule.

(3) Fees prescribed by the board pursuant to this section must be ~~reasonably related to the costs incurred by the board in carrying out its respective functions~~ in effect on November 3, 1998."

Section 276. Section 37-69-401, MCA, is amended to read:

"37-69-401. Medical gas piping installation endorsement. (1) A medical gas piping installation endorsement entitles the holder to install pipe used solely for transporting gases used for medical purposes.

(2) To be eligible for endorsement under this section, a person must meet all requirements for endorsements established by the board by rule.

(3) A person with a valid medical gas piping installation endorsement from another state may install medical gas piping in this state.

(4) The board shall by rule establish the requirements for obtaining a medical gas piping installation endorsement. Fees must be established by rule and must be ~~commensurate with the costs of administering the medical gas piping installation endorsement program~~ in effect on November 3, 1998."

Section 277. Section 37-72-202, MCA, is amended to read:

"37-72-202. General rulemaking power. The department shall adopt rules to:

(1) implement the training and experience requirements of 37-72-302;

(2) prescribe the amount of the fees provided for in 37-72-301 and 37-72-303 through 37-72-306, which must be nonrefundable, in ~~an amount commensurate with the cost of administering this chapter~~ effect on November 3, 1998, and deposited in the state special revenue fund for the use of the department;

(3) regulate the use of explosives and grant variances under the provisions of 37-72-201, except that, unless the department is making an investigation under 37-72-203(2), the department does not have the power under this chapter to make inspections into construction blasting and may not adopt rules providing for ~~such~~ inspections or for inspectors to carry out ~~such~~ inspections;

(4) provide for the form of the license and pocket card provided for in 37-72-307; and

(5) provide for the conduct of the business of the department under this chapter and govern its proceedings under 37-72-203."

Section 278. Section 37-72-301, MCA, is amended to read:

"37-72-301. General qualifications. A person making initial application to the department for a license as a construction blaster shall:

(1) pay an application fee, in effect on November 3, 1998, to the department; and

(2) furnish proof under oath, on a form provided by the department, that he the applicant:

(a) is at least 18 years old;

(b) is of good moral character;

(d) is not addicted to narcotic drugs or intemperate in the use of alcohol; and

(e) has satisfied the requirements for training and experience in construction blasting established by 37-72-302 and the rules of the department."

Section 279. Section 37-72-303, MCA, is amended to read:

"37-72-303. Licensure by examination -- fee. (1) The department shall, at least once a year, administer an examination to applicants meeting the requirements of 37-72-301 and 37-72-302 and the rules adopted by the department. The department shall determine the subjects, scope, and acceptable level of performance for all examinations. The examination may be written, oral, or both. The examination ~~shall~~ must at a minimum test the applicant's knowledge of the rules of the department governing construction blasting.

(2) An applicant for licensure by examination shall pay an examination fee, in effect on November 3, 1998, to the department.

(3) An applicant for a license who has previously taken and failed the examination required by this section may retake it at any time within 2 years without again furnishing proof of compliance with 37-72-302, upon payment to the department of a reexamination fee in effect on November 3, 1998."

Section 280. Section 37-72-306, MCA, is amended to read:

"37-72-306. Renewal. (1) A license issued under this chapter expires and is invalid after the renewal date established by the department by rule. The department shall notify each person licensed under this chapter of the date of the expiration of the person's license and the amount of the license renewal fee. The notice must be mailed to each licensed construction blaster at the blaster's listed address at least 1 month before the expiration of the blaster's license.

(2) Renewal may be made by application during the 60 days prior to the expiration date. Failure on the part of a licensee to pay the renewal fee, in effect on November 3, 1998, by the expiration date does not deprive the licensee of the right to renew the licensee's license, but the fee must be increased 10% for each month or major portion of a month that the payment of the renewal fee is delayed after the expiration date. The maximum fee, in effect on November 3, 1998, for delayed renewal may not exceed twice the normal renewal fee. Application for renewal following a lapse of 1 year or more is subject to review by the department, and the applicant may be required to successfully complete an examination."

Section 281. Section 39-7-306, MCA, is amended to read:

"39-7-306. Rulemaking duties of commissioner. The commissioner, with the advice of other organizations and agencies who provide services to displaced homemakers, shall adopt rules:

(1) concerning the eligibility of persons who may be served by the program;

(2) concerning a graduated fee schedule, in effect on November 3, 1998, for program services;

(3) concerning criteria for making grants as provided for in 39-7-304; and

(4) necessary to carry out the provisions of this part."

Section 282. Section 39-9-206, MCA, is amended to read:

"39-9-206. Fees -- education program. (1) The department shall charge fees for:

(a) issuance, renewal, and reinstatement of certificates of registration; and

(b) changes of name, address, or business structure.

(2) The department shall set the fees by administrative rule in effect on November 3, 1998. The fees ~~shall~~ must cover the full cost of issuing certificates, filing papers and notices, and administering and enforcing this chapter. The costs include reproduction, travel, per diem, and administrative and legal support costs.

(3) The fees charged in subsection (1)(a) may not exceed:

(a) $70 for the initial registration certificate; or

(b) $70 for the renewal or reinstatement of a registration certificate.

(4) The fees collected under this section must be deposited in the state special revenue account to the credit of the department for the administration and enforcement of this chapter.

(5) The department shall establish, cooperatively with representatives of the building industry, an industry and consumer information program, funded with 15% of the fees, to educate the building industry about the registration program and to educate the public regarding the hiring of building construction contractors.

(6) The fee for a joint application for a certificate of registration and an independent contractor exemption may not exceed the fee charged for a certificate of registration."

Section 283. Section 39-9-303, MCA, is amended to read:

"39-9-303. Department to compile and update list of registered construction contractors -- availability -- fee. (1) The department shall compile a list of all construction contractors registered under this chapter and update the list at least bimonthly. The list is public information and must be available to the public upon request for a reasonable fee, in effect on November 3, 1998.

(2) The department shall inform a person, firm, or corporation whether a construction contractor is registered. The department shall provide the information without charge, except for a reasonable fee, in effect on November 3, 1998, for any copies made."

Section 284. Section 39-71-205, MCA, is amended to read:

"39-71-205. Department authorized to charge certain fees -- disposition of. (1) The department ~~shall have power and authority to~~ may charge and collect a fee, in effect on November 3, 1998, for copies of papers and records, including certified copies of documents and orders filed in its office, sufficient to recover the cost of the material and the time expended, as fixed by the department.

(2) The department shall have power and authority to fix and collect reasonable charges for publications issued under its authority.

(3) The fees charged and collected under this section ~~shall~~ must be paid monthly into the treasury of the state to the credit of the state special revenue fund and ~~shall~~ must be accompanied by detailed statement ~~thereof~~ of the fees."

Section 285. Section 39-71-223, MCA, is amended to read:

"39-71-223. Certified copies of public records -- fees. (1) The department shall, on demand, furnish a certified copy of any public record to a person who has a right to inspect it, if the record is of a nature permitting ~~such~~ copying, or shall furnish reasonable opportunity to inspect or copy.

(2) The department may establish fees, in effect on November 3, 1998, ~~reasonably calculated~~ to reimburse the department for its ~~actual~~ cost in making ~~such~~ the records available."

Section 286. Section 39-71-1105, MCA, is amended to read:

"39-71-1105. Managed care organizations -- application -- certification. (1) A health care provider, a group of medical service providers, or an entity with a managed care organization may make written application to the department to become certified under this section to provide managed care to injured workers for injuries that are covered under this chapter or for occupational diseases that are covered under the Occupational Disease Act of Montana. However, this section does not authorize an organization that is formed, owned, or operated by a workers' compensation insurer or self-insured employer other than a health care provider to become certified to provide managed care. When a health care provider, a group of medical service providers, or an entity with a managed care organization is establishing a managed care organization and independent physical therapy practices exist in the community, the managed care organization is encouraged to utilize independent physical therapists as part of the managed care organization if the independent physical therapists agree to abide by all the applicable requirements for a managed care organization set forth in this section, in rules established by the department, and in the provisions of a managed care plan for which certification is being sought.

(2) Each application for certification must be accompanied by an application fee if prescribed by the department and in effect on November 3, 1998. A certificate is valid for the period prescribed by the department, unless it is revoked or suspended at an earlier date.

(3) The department shall establish by rule the form for the application for certification and the required information regarding the proposed plan for providing medical services. The information includes but is not limited to:

(a) a list of names of each individual who will provide services under the managed care plan, together with appropriate evidence of compliance with any licensing or certification requirements for that individual to practice in the state;

(b) names of the individuals who will be designated as treating physicians and who will be responsible for the coordination of medical services;

(d) a description of the times, places, and manner of providing secondary medical services, if any, that the applicants wish to provide; and

(e) satisfactory evidence of the ability to comply with any financial requirements to ensure delivery of service in accordance with the plan that the department may require.

(4) The department shall certify a group of medical service providers or an entity with a managed care organization to provide managed care under a plan if the department finds that the plan:

(a) proposes to provide coordination of services that meet quality, continuity, and other treatment standards prescribed by the department and will provide all primary medical services that may be required by this chapter in a manner that is timely and effective for the worker;

(b) provides appropriate financial incentives to reduce service costs and utilization without sacrificing the quality of services;

(c) provides adequate methods of peer review and service utilization review to prevent excessive or inappropriate treatment, to exclude from participation in the plan those individuals who violate these treatment standards, and to provide for the resolution of any medical disputes that may arise;

(d) provides for cooperative efforts by the worker, the employer, the rehabilitation providers, and the managed care organization to promote an early return to work for the injured worker;

(e) provides a timely and accurate method of reporting to the department necessary information regarding medical and health care service cost and utilization to enable the department to determine the effectiveness of the plan;

(f) authorizes workers to receive medical treatment from a primary care physician who is not a member of the managed care organization but who maintains the worker's medical records and with whom the worker has a documented history of treatment, if that primary care physician agrees to refer the worker to the managed care organization for any specialized treatment, including physical therapy, that the worker may require and if that primary care physician agrees to comply with all the rules, terms, and conditions regarding services performed by the managed care organization. As used in this subsection (4)(f), "primary care physician" means a physician who is qualified to be a treating physician and who is a family practitioner, a general practitioner, an internal medicine practitioner, or a chiropractor.

(g) complies with any other requirements determined by department rule to be necessary to provide quality medical services and health care to injured workers.

(5) The department shall refuse to certify or may revoke or suspend the certification of a health care provider, a group of medical service providers, or an entity with a managed care organization to provide managed care if the department finds that:

(a) the plan for providing medical care services fails to meet the requirements of this section; and

(b) service under the plan is not being provided in accordance with the terms of a certified plan."

Section 287. Section 39-71-2315, MCA, is amended to read:

"39-71-2315. Management of state fund -- powers and duties of the board -- business plan required. (1) The management and control of the state fund is vested solely in the board.

(2) The board is vested with full power, authority, and jurisdiction over the state fund. The board may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the state fund, either in the administration of the state fund or in connection with the insurance business to be carried on under the provisions of this part, as fully and completely as the governing body of a private mutual insurance carrier, in order to fulfill the objectives and intent of this part. Bonds may not be issued by the board, the state fund, or the executive director.

(3) The board shall adopt a business plan no later than June 30 for the next fiscal year. At a minimum, the plan must include:

(a) specific goals for the fiscal year for financial performance. The standard for measurement of financial performances must include an evaluation of premium to surplus.

(b) specific goals for the fiscal year for operating performance. Goals must include but not be limited to specific performance standards for staff in the area of senior management, underwriting, and claims administration. Goals must, in general, maximize efficiency, economy, and equity as allowed by law.

(4) The business plan must be available upon request to the general public for a fee, in effect on November 3, 1998, not to exceed the actual cost of publication. However, performance goals relating to a specific employment position are confidential and not available to the public.

(5) No sooner than July 1 or later than October 31, the board shall convene a public meeting to review the performance of the state fund, using the business plan for comparison of all the established goals and targets. The board shall publish, by November 30 of each year, a report of the state fund's actual performance as compared to the business plan."

Section 288. Section 40-5-210, MCA, is amended to read:

"40-5-210. Standardized fee schedule -- rules. (1) The department may charge an application fee to each person applying for services under 40-5-203, except that the fee may not be charged to persons who receive continuing services under 40-5-203(3). The application fee, in effect on November 3, 1998, may be:

(a) a flat dollar amount; or

(b) an amount based on a sliding fee schedule that is based on the applicant's income level.

(2) If paternity is established or presumed under 40-5-234 for the alleged father, the fees, in effect on November 3, 1998, for paternity blood testing may be recovered from the parent, whether the alleged father or the mother, denying paternity of the alleged father. The total amount of the paternity blood testing fee may not exceed the actual costs of the paternity blood tests. A bill for a paternity blood test is admissible in evidence without third-party foundation testimony.

(3) The department may charge a handling fee, in effect on November 3, 1998, for each payment of support collected on behalf of any obligee who is not a recipient of public assistance. The department may withhold the fee from the support payment before distribution to the obligee.

(4) The department may charge an obligor a late payment fee, in effect on November 3, 1998, for each late payment of support collected on behalf of any obligee.

(5) The department may establish a fee schedule, in effect on November 3, 1998, in order to recover costs and expenses in excess of the application, handling, and late fees. ~~The fees must be commensurate with costs or an average of the expenditures related to specific or routine activities.~~

(a) The department shall develop procedures for determining whether it is appropriate for either the obligor or the obligee to be responsible for payment of the fee. In developing the procedures, the department shall consider federal regulations promulgated under Title IV-D of the Social Security Act.

(b) In an action to establish paternity or to establish or enforce a child support obligation, whether in district court or by administrative process, the department must be awarded costs in the amount established in the fee schedule as part of any judgment, decree, or order whenever the department:

(i) is a prevailing party in the action; or

(ii) is not a party but incurs expenses and costs related to the action.

(6) The department may collect the fees awarded under this section by one of the following means:

(a) if the fee is owed by an obligor, the fee may be:

(i) collected through any remedy available to the department for the collection of child support arrearages; or

(ii) deducted from any payments made by the obligor before the payment is distributed to the obligee. Credit for the payment must be reduced by the amount of the deduction for the fee. The deduction for fees may not reduce any current support due to the obligee. The deduction for a late payment fee may not reduce any current or past-due support due to the obligee.

(b) if the fee is owed by the obligee, the fee may be collected separately through any remedy available to the department for the collection of child support or the department may withhold the fee amount out of any payment collected on behalf of the obligee. The obligor must receive full credit for the payment as if the withholding of fees did not occur.

(7) The department, upon a showing of necessity, may waive or defer any fee assessed under this section.

(8) The department may adopt rules necessary to implement fee schedules, in effect on November 3, 1998, under this section.

(9) The fees and costs charged and collected under this section must be paid monthly into the state treasury to the credit of the child support enforcement division special revenue fund and must be accompanied by a detailed statement of the amounts collected."

Section 289. Section 40-5-261, MCA, is amended to read:

"40-5-261. Procedures for making information available to consumer reporting agencies. (1) The department may make information about a support debt available to consumer reporting agencies, as defined in 31-3-102, upon request. The department may charge a fee, in effect on November 3, 1998, to recover the cost of responding to requests for support debt information. The department shall provide advance notice to the obligor concerning the proposed release of information. However, lack of actual notice does not preclude the release of information to consumer reporting agencies. The notice may be incorporated into any notice served pursuant to Title 17, chapter 4, part 1; Title 40, chapter 5, part 4; this part; or the federal income tax refund intercept program under 42 U.S.C. 664. The notice must inform the obligor of the methods available for contesting the accuracy of the information.

(2) If contacted by an obligor wishing to contest the accuracy of information proposed for release to consumer reporting agencies, the department shall conduct an informal administrative review, separately or in conjunction with a hearing on any other matter concerning the obligor's support obligation, to determine the accuracy of the information. The accuracy of information provided by the department to consumer reporting agencies may be contested in accordance with the procedures provided in 31-3-124. An obligor dissatisfied with the outcome of a reinvestigation conducted by a consumer reporting agency may receive an administrative hearing on the accuracy of the information by filing a written request with the department. The hearing must be conducted in accordance with 40-5-226, and the resulting findings are subject to judicial review as provided in 40-5-253.

(3) The department shall within 30 days notify all consumer reporting agencies that were provided information pursuant to this section if a reported support debt is paid in full or is no longer being enforced by the department."

Section 290. Section 40-5-712, MCA, is amended to read:

"40-5-712. Fees. A licensing authority subject to this part may charge the obligor a fee, in effect on November 3, 1998, to cover the administrative costs incurred by the licensing authority under this part. Fees collected pursuant to this section by a licensing authority with a state special revenue fund must be deposited in the state special revenue fund for the use of the licensing authority to pay the costs of administering this part."

Section 291. Section 42-2-105, MCA, is amended to read:

"42-2-105. Fees for services -- special revenue account -- statutory appropriation. (1) The department shall ~~establish~~ charge fees, in effect on November 3, 1998, that ~~it may charge and that~~ are ~~reasonably~~ related to the cost incurred by the department in completing or contracting for adoption services.

(2) The department may contract with licensed social workers or licensed child-placing agencies for the purposes of completing the preplacement or postplacement evaluation or for providing postplacement supervision.

(3) An agency contracting to perform the services may set and charge a reasonable fee ~~commensurate with the services provided~~, in effect on November 3, 1998.

(4) There is an adoption services account in the state special revenue fund. The fees collected by the department under this title and from the district court filing fee pursuant to 25-1-201(1)(q) must be deposited into this account and may be used by the department for adoption services. The money in the account is statutorily appropriated, as provided in 17-7-502, to the department."

Section 292. Section 42-2-218, MCA, is amended to read:

"42-2-218. Duties of department upon receipt of request. (1) Whenever the department receives a request, the department shall:

(a) search its records of putative father registrations and search its records for any acknowledgment of paternity filed pursuant to 40-6-105; and

(b) notify the requestor as to whether a paternity action has been filed and a paternity order issued to the department requiring the issuance of a new birth certificate concerning a child who is or may be the subject of an adoption that the attorney or agency is arranging.

(2) The department may charge a reasonable fee, in effect on November 3, 1998, for responding to a request under this section."

Section 293. Section 50-2-116, MCA, is amended to read:

"50-2-116. Powers and duties of local boards. (1) Local boards shall:

(a) appoint a local health officer who is a physician or a person with a master's degree in public health or the equivalent and with appropriate experience, as determined by the department, and shall fix the health officer's salary;

(b) elect a presiding officer and other necessary officers;

(d) adopt bylaws to govern meetings;

(e) hold regular meetings quarterly and hold special meetings as necessary;

(f) supervise destruction and removal of all sources of filth that cause disease;

(g) guard against the introduction of communicable disease;

(h) supervise inspections of public establishments for sanitary conditions;

(i) subject to the provisions of 50-2-130, adopt necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings that is not regulated by Title 75, chapter 6, or Title 76, chapter 4. The regulations must describe standards for granting variances from the minimum requirements that are identical to standards promulgated by the board of environmental review and must provide for appeal of variance decisions to the department as required by 75-5-305.

(2) Local boards may:

(a) quarantine persons who have communicable diseases;

(b) require isolation of persons or things that are infected with communicable diseases;

(d) prohibit the use of places that are infected with communicable diseases;

(e) require and provide means for disinfecting places that are infected with communicable diseases;

(f) accept and spend funds received from a federal agency, the state, a school district, or other persons;

(g) contract with another local board for all or a part of local health services;

(h) reimburse local health officers for necessary expenses incurred in official duties;

(i) abate nuisances affecting public health and safety or bring action necessary to restrain the violation of public health laws or rules;

(j) subject to Article VIII, section 17, of the Montana constitution, adopt necessary fees to administer regulations for the control and disposal of sewage from private and public buildings. The fees must be deposited with the county treasurer.

(k) adopt rules that do not conflict with rules adopted by the department:

(i) for the control of communicable diseases;

(ii) for the removal of filth that might cause disease or adversely affect public health;

(iii) subject to the provisions of 50-2-130, on sanitation in public buildings that affects public health;

(iv) for heating, ventilation, water supply, and waste disposal in public accommodations that might endanger human lives;

(v) subject to the provisions of 50-2-130, for the maintenance of sewage treatment systems that do not discharge an effluent directly into state waters and that are not required to have an operating permit as required by rules adopted under 75-5-401; and

(vi) for the regulation, as necessary, of the practice of tattooing, which may include registering tattoo artists, inspecting tattoo establishments, subject to Article VIII, section 17, of the Montana constitution, adopting fees, and also adopting sanitation standards that are not less stringent than standards adopted by the department pursuant to 50-1-202. For the purposes of this subsection, "tattoo" means making permanent marks on the skin by puncturing the skin and inserting indelible colors."

Section 294. Section 50-4-623, MCA, is amended to read:

"50-4-623. Fees -- statutory appropriation. (1) The department shall establish by rule fees, in effect on November 3, 1998, to accompany the filing of an application for a certificate of public advantage and for a report required by 50-4-622. ~~The fees must be reasonably related to the costs of the department in considering applications, evaluating reports, and performing other duties necessary to administer this part.~~ The costs may include the retention of accounting, technical, and legal assistance that the department considers necessary to process applications and reports. ~~The department shall maintain records sufficient to support the fees charged under this section.~~

(2) The fees must be deposited in an account in the special revenue fund. The account is statutorily appropriated, as provided in 17-7-502, to the department."

Section 295. Section 50-5-227, MCA, is amended to read:

"50-5-227. Licensing personal-care facilities. (1) The department shall by rule adopt standards for licensing and operation of personal-care facilities to implement the provisions of 50-5-225 and 50-5-226.

(2) The following licensing categories must be used by the department in adopting rules under subsection (1):

(a) category A--a facility providing personal care to residents who may not be:

(i) in need of skilled nursing care;

(ii) in need of medical, chemical, or physical restraint;

(iii) nonambulatory or bedridden;

(iv) incontinent to the extent that bowel or bladder control is absent; or

(v) unable to self-administer medications; or

(b) category B--a facility providing personal care to five or fewer residents who may be:

(i) in need of skilled nursing care;

(ii) in need of medical, chemical, or physical restraint;

(iii) nonambulatory or bedridden;

(iv) incontinent to the extent that bowel or bladder control is absent; or

(v) unable to self-administer medications.

(3) The department may collect fees established by rule ~~establish~~ in effect on November 3, 1998, including license fees, inspection fees, and fees for patient screening. ~~Fees must be reasonably related to service costs.~~"

Section 296. Section 50-15-111, MCA, is amended to read:

"50-15-111. Certified copy fee. (1) The department shall prescribe, by rule in effect on November 3, 1998, a fee for:

(a) a certified copy of certificates or records;

(b) a search of files or records when a copy is not made;

(d) the replacement of a birth certificate subsequent to adoption, legitimation, paternity determination or acknowledgment, or court order;

(e) filing a delayed registration of a vital event;

(f) the amendment of a vital record, after 1 year from the date of filing; and

(g) other services specified by this chapter or by rule.

(2) Fees received under subsection (1) must be deposited in the state special revenue fund to be used by the department for:

(a) the maintenance of indexes to vital records;

(b) the preservation of vital records; and

Section 297. Section 50-32-103, MCA, is amended to read:

"50-32-103. Board to administer chapter. (1) The board shall administer this chapter and may add drugs to or delete or reschedule all drugs enumerated in the schedules in 50-32-222, 50-32-224, 50-32-226, 50-32-229, or 50-32-232 pursuant to the rulemaking procedures of the Montana Administrative Procedure Act.

(2) The board shall promulgate rules for its administration ~~which~~ that are not inconsistent with this chapter and specifically shall levy and the department shall collect reasonable registration fees, in effect on November 3, 1998, relating to the registration and control of the manufacture, distribution, and dispensing of dangerous drugs within the state. The maximum fee for any registration ~~shall~~ may not exceed $100 per year."

Section 298. Section 50-37-104, MCA, is amended to read:

"50-37-104. Lawful sales or uses of fireworks -- "no smoking" sign -- wholesaler's permit. (1) Subject to subsection (2) it is lawful for an individual, firm, partnership, corporation, or association to possess for sale, sell or offer for sale at retail, or use within the state the permissible fireworks enumerated in 50-37-105. At any place where permissible fireworks are sold or displayed, a sign reading "NO SMOKING" must be posted in letters at least 4 inches in height where customers are most likely to read it.

(2) Before a fireworks wholesaler may lawfully possess for sale, offer for sale, or sell within the state the permissible fireworks enumerated in 50-37-105, the wholesaler must obtain a fireworks wholesaler permit from the department of commerce.

(3) A person making application for a fireworks wholesaler permit shall:

(a) pay an application fee to the department of commerce, ~~which~~ that must be set by the department ~~of commerce commensurate with costs~~ and in effect on November 3, 1998; and

(b) furnish proof under oath, on a form provided by the department, that he the applicant:

(i) is at least 18 years of age;

(ii) is of good moral character; and

(iii) has not been convicted of a crime involving the use, possession, or sale of fireworks.

(4) The department of commerce shall adopt rules implementing this section."

Section 299. Section 50-60-104, MCA, is amended to read:

"50-60-104. Inspection fees. The department shall establish a schedule of fees, in effect on November 3, 1998, and may collect fees for the inspection of plans and specifications and for the inspection of buildings, factory-built buildings, or any other facility or structure. ~~The fees must be commensurate with the cost of the inspections and with appropriations for other purposes.~~"

Section 300. Section 50-60-106, MCA, is amended to read:

"50-60-106. Powers and duties of municipalities. (1) The examination, approval, or disapproval of plans and specifications, the issuance and revocation of building permits, licenses, certificates, and similar documents, the inspection of buildings, and the administration and enforcement of building regulations within the municipal jurisdictional area are the responsibility of the municipalities of the state.

(2) Each municipality or county certified under 50-60-302 shall, within its jurisdictional area:

(a) examine, approve, or disapprove plans and specifications for the construction of any building, the construction of which is pursuant or purports to be pursuant to the applicable provisions of the state or municipal building code, and direct the inspection of the buildings during and in the course of construction;

(b) require that construction of buildings be in accordance with the applicable provisions of the state or municipal building code, subject to the powers of variance or modification granted to the department;

(c) during and in the course of construction order in writing the remedying of any condition found to exist in, on, or about any building that is being constructed in violation of the applicable state or municipal building code. Orders may be served upon the owner or his authorized agent personally or by sending by registered or certified mail a copy of the order to the owner or his authorized agent at the address set forth in the application for permission for the construction of the building. A local building department, by action of an authorized officer, may grant in writing such time as may be reasonably necessary for achieving compliance with the order. For the purposes of this subsection (2)(c), the phrase "during and in the course of construction" refers to the construction of a building until all necessary building permits have been obtained and the municipality or county has issued formal written approvals or has issued a certificate of occupancy for the building.

(d) issue certificates of occupancy as provided in 50-60-107;

(e) issue permits, licenses, and other required documents in connection with the construction of a building;

(f) subject to Article VIII, section 17, of the Montana constitution, ensure that all construction-related fees or charges imposed and collected by the municipality or county are necessary, reasonable, and uniform and are:

(i) used only for building code enforcement, which consists of those necessary and reasonable costs directly and specifically identifiable for the enforcement of building codes, plus indirect costs charged on the same basis as other local government proprietary funds not paying administrative charges as direct charges. If indirect costs are waived for any local government proprietary fund, they must also be waived for the program established in this section. Indirect charges are limited to the charges that are allowed under federal cost accounting principles that are applicable to a local government.

(ii) reduced if the amount of the fees or charges accumulates above the amount needed to enforce building codes for 12 months. The excess must be placed in a reserve account and may only be used for building code enforcement. Collection and expenditure of fees and charges must be fully documented.

(3) Each municipality or county certified under 50-60-302 may, within its jurisdictional area:

(a) make, amend, and repeal rules for the administration and enforcement of the provisions of this section and for the collection of fees and charges related to construction;

(b) prohibit the commencement of construction until a permit has been issued by the local building department after a showing of compliance with the requirements of the applicable provisions of the state or municipal building code; and

(c) enter into a private contract with the owner or builder of a building that is not or will not be within the jurisdiction of the municipality or county under which the municipality or county will provide reviews, inspections, orders, and certificates of occupancy for a fee and under conditions agreed upon by the parties. Municipal or county powers of enforcement may not be exercised."

Section 301. Section 50-60-507, MCA, is amended to read:

"50-60-507. Application for and issuance of permit. (1) A person required to apply for a permit shall make application on forms provided by the department of commerce or its authorized representative. He The applicant shall give a description of the character of the work proposed to be done and the location, ownership, occupancy, and use of the premises in connection therewith.

(2) The department or its authorized representative may require sketches, specifications, or drawings and ~~such~~ other information that it ~~deems~~ considers necessary in order to determine the scope of the work contemplated.

(3) If the department determines that the sketches, specifications, drawings, descriptions, and information furnished by the applicant are in compliance with the state plumbing code, it shall issue the permit applied for upon payment of the required fee as established by the department and in effect on November 3, 1998."

Section 302. Section 50-60-508, MCA, is amended to read:

"50-60-508. Permit fees. (1) The department of commerce shall ~~establish~~ collect permit fees in effect on November 3, 1998, and established in accordance with the Montana Administrative Procedure Act,. ~~and the~~ The fees must be deposited to the state special revenue fund of the department for use in the administration and enforcement of this part and the Montana state plumbing code and for other purposes as established by law.

(2) For the purpose of 50-60-505 through 50-60-513, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached must be construed to be a fixture. Fees for reconnection and retest of plumbing systems in relocated buildings must be based on the number of plumbing fixtures, gas systems, water heaters, and the like involved. ~~The fees established pursuant to this section must be commensurate with the costs of the administration and enforcement of this part and with appropriations for other purposes.~~"

Section 303. Section 50-60-604, MCA, is amended to read:

"50-60-604. Inspections -- electrical permits -- fees. The department of commerce or an authorized representative or a municipality or county certified to perform an inspection pursuant to 50-60-302 shall inspect electrical installations, issue electrical permits for these installations, and establish and charge a reasonable and uniform fee, in effect on November 3, 1998, for the inspections. ~~The fee must be commensurate with the expense of providing the inspection and with appropriations for other purposes.~~ As part of any inspection, the inspector shall require proof of licensure from any person who is required to be licensed who is involved with or, in the inspector's judgment, appears to be involved with electrical installations if the person is on the site. The inspector shall report any instance of license violation to the inspector's employing agency, and the employing agency shall in turn report the violation to the board of electricians."

Section 304. Section 50-74-309, MCA, is amended to read:

"50-74-309. License fees. An applicant for an engineer's license shall pay a fee according to the class of license for which application is made, as specified by administrative rule~~, commensurate with program area costs approved by the legislature~~ in effect on November 3, 1998. All fees must be deposited in the state special revenue fund for the use of the department. ~~The account balance may not exceed one-half of 1 year's approved appropriation without either a reduction in fees or an increase in appropriation approved by the legislature.~~"

Section 305. Section 50-76-104, MCA, is amended to read:

"50-76-104. Application and fee for license. Application for licenses must be made to the department of commerce and submitted with the appropriate fee that is ~~set commensurate with the cost of administering this program~~ in effect on November 3, 1998, to be deposited in the state special revenue fund for use by the department."

Section 306. Section 50-79-501, MCA, is amended to read:

"50-79-501. Northwest Interstate Compact on Low-Level Radioactive Waste Management. The legislature of the state of Montana approves and ratifies the compact designated as the "Northwest Interstate Compact on Low-Level Radioactive Waste Management", which compact is as follows:

NORTHWEST INTERSTATE COMPACT ON

LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT

ARTICLE I -- Policy and Purpose

The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of radioactive low-level waste management.

ARTICLE II -- Definitions

As used in this compact:

(1) "Facility" means any site, location, structure, or property, excluding federal waste facilities, used or to be used for the storage, treatment, or disposal of low-level waste.

(2) "Low-level waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than 10 nanocuries of transuranic contaminants per gram of material, spent reactor fuel, or material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations.

(3) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste.

(4) "Host state" means a state in which a facility is located.

ARTICLE III -- Regulatory Practices

Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state. Such practices shall include:

(1) maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state;

(2) periodic unannounced inspection of the premises of such generators and the waste management activities thereon;

(3) authorization of the containers in which such waste may be shipped and a requirement that generators use only that type of container authorized by the state;

(4) assurance that inspections of the carriers which transport such waste are conducted by proper authorities and appropriate enforcement action is taken for violations;

(5) after receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, taking appropriate action to assure that such violations do not recur. Such action may include inspection of every individual low-level waste shipment by that generator.

Each party state may impose fees, (in effect in Montana on November 3, 1998), upon generators and shippers to recover the cost of the inspections and other practices under this article. Nothing in this article shall be construed to limit any party state's authority to impose additional or more stringent standards on generators or carriers than those required under this article.

ARTICLE IV -- Regional Facilities

(1) Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators for the management of their own low-level waste, shall accept low-level waste generated in any party state if such waste has been packaged and transported according to applicable laws and regulations.

(2) No facility located in any party state may accept low-level waste generated outside the region comprising the party states, except as provided in Article V.

(3) Until such time as paragraph (2) of this article takes effect as provided in Article VI, facilities located in any party state may accept low-level waste generated outside of any of the party states only if such waste is accompanied by a certificate of compliance issued by an official of the state in which such waste shipment originated. Such certificate must be in such form as may be required by the host state and shall contain at least the following:

(a) the generator's name and address;

(b) a description of the contents of the low-level waste container;

(c) a statement that the low-level waste being shipped has been inspected by the official who issued the certificate or by his agent or by a representative of the United States Nuclear Regulatory Commission and was found to have been packaged in compliance with applicable federal regulations and such additional requirements as may be imposed by the host state;

(d) a binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a result of an accidental release of such waste during shipment or after such waste reaches the facility.

(4) Each party state shall cooperate with the other party states in determining the appropriate site of any facility that might be required within the region comprising the party states in order to maximize public health and safety while minimizing the use of any one party state as the host of such facilities on a permanent basis. Each party state further agrees that decisions regarding low-level waste management facilities in its region will be reached through a good faith process which takes into account the burdens borne by each of the party states as well as the benefits each has received.

(5) The party states recognize that the issue of hazardous chemical waste management is similar in many respects to that of low-level waste management. Therefore, in consideration of the state of Washington allowing access to its low-level waste disposal facility by generators in other party states, party states such as Oregon and Idaho, which host hazardous chemical waste disposal facilities, will allow access to such facilities by generators within other party states. Nothing in this compact may be construed to prevent any party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities within its borders or from ordering the closure of such facilities, so long as such action by a host state is applied equally to all generators within the region composed of the party states.

(6) Any host state may establish a schedule of fees, (in effect in Montana on November 3, 1998), and requirements related to its facilities to assure that closure, perpetual care, and maintenance and contingency requirements are met, including adequate bonding.

ARTICLE V -- Northwest Low-Level Waste Compact Committee

The Governor of each party state shall designate one official of that state as the person responsible for administration of this compact. The officials so designated shall together comprise the Northwest Low-Level Waste Compact Committee. The committee shall meet as required to consider matters arising under this compact. The parties shall inform the committee of existing regulations concerning low-level waste management in their states and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations. Notwithstanding any provision of Article IV to the contrary, the committee may enter into arrangements with states, provinces, individual generators, or regional compact entities outside the region comprising the party states for access to facilities on such terms and conditions as the committee may deem appropriate. However, it shall require a two-thirds vote of all such members, including the affirmative vote of the member of any party state in which a facility affected by such arrangement is located, for the committee to enter into such arrangement.

ARTICLE VI -- Eligible Parties and Effective Date

(1) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two states. Any party state may withdraw from this compact by enacting a statute repealing its approval.

(2) After the compact has initially taken effect pursuant to paragraph (1) of this article, any eligible party state may become a party to this compact by the execution of an executive order by the Governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its Legislature or July 1, 1983, whichever occurs first, unless the compact has by then been enacted as a statute by that state.

(3) Paragraph (2) of Article IV of this compact shall take effect on July 1, 1983, if consent is given by Congress. As provided in Public Law 96-573, Congress may withdraw its consent to the compact after every 5-year period.

ARTICLE VII -- Severability

If any provision of this compact or its application to any person or circumstance is held to be invalid, all other provisions of this compact and the application of all of its provisions to all other persons and circumstances shall remain valid, and to this end the provisions of this compact are severable."

Section 307. Section 50-79-502, MCA, is amended to read:

"50-79-502. Administration of compact -- fees. (1) The department of public health and human services, as the state radiation control agency, shall administer the provisions of the compact.

(2) The department may assess and collect fees, in effect on November 3, 1998, for services rendered in inspecting and regulating low-level radioactive waste generators, transporters, and disposal facilities. The fees ~~must cover the department's costs for those services and~~ must be deposited in the state special revenue fund for use by the department. State and local government agencies, including the university system, are exempt from the payment of fees.

(3) The department may adopt rules under the authority contained in 50-79-201(3)(b) to implement the provisions of this compact."

Section 308. Section 52-2-735, MCA, is amended to read:

"52-2-735. Health protection -- certification required. (1) The department shall adopt rules for the protection of children in day-care centers from the health hazards of inadequate food preparation, poor nutrition, and communicable diseases. Rules adopted by the department must include rules requiring children under 5 years of age to be immunized against Haemophilus influenza type "b" before being admitted for care in the facility unless an exemption has been claimed as provided in 20-5-405.

(2) Local public health authorities shall arrange to provide training to day-care center providers and employees regarding health hazards. Upon successful completion of the training the local public health authorities shall issue certificates to the providers and employees.

(3) In lieu of training, local public health authorities may elect to inspect facilities and issue certificates of approval to child-care center providers.

(4) Each applicant for a license to operate a day-care center shall submit to the department a certificate issued pursuant to subsection (2) or (3) before the department will issue a license.

(5) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the local public health authority may charge the applicant a reasonable fee, not to exceed $25, for any inspection necessary to issue a certificate of approval, or a fee not to exceed the documented cost for training it provides under this section."

Section 309. Section 52-4-204, MCA, is amended to read:

"52-4-204. Health and safety standards. (1) A community home for persons with severe disabilities must be certified annually for fire and life safety by the department of justice. The department of justice shall notify the department whenever a community home has been certified or refused certification.

(2) (a) Local health officers shall inspect a community home for persons with severe disabilities to ensure compliance with health and safety standards. If for any reason the local authority cannot complete the inspection in a timely manner, the department of public health and human services may make the inspection to ensure compliance with the standards.

(b) The inspecting health officer shall notify the department whether a community home is or is not in compliance with applicable standards.

(c) A Subject to Article VIII, section 17, of the Montana constitution, a reasonable fee may be charged by local health authorities conducting compliance inspections and state entities may charge a fee in effect on November 3, 1998."

Section 310. Section 53-2-205, MCA, is amended to read:

"53-2-205. Department authorized to establish and collect social services fees. (1) The department is authorized to establish and collect fees for social services furnished which are authorized pursuant to Title XX of the Social Security Act, Public Law 93-647. ~~Such~~ The fees ~~shall~~ must be based on a schedule determined by the department and in effect on November 3, 1998.

(2) The state share of fees provided by subsection (1) ~~shall~~ must be paid to the state treasurer for the credit of the state special revenue fund for the use of the department in providing social services."

Section 311. Section 53-6-131, MCA, is amended to read:

"53-6-131. Eligibility requirements. (1) Medical assistance under the Montana medicaid program may be granted to a person who is determined by the department of public health and human services, in its discretion, to be eligible as follows:

(a) The person receives or is considered to be receiving supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. 1381, et seq., and does not have income or resources in excess of the applicable medical assistance limits or receive from FAIM financial assistance, as defined in 53-4-702, benefits under Title IV of the federal Social Security Act, 42 U.S.C. 601, et seq.

(b) The person would be eligible for assistance under a program described in subsection (1)(a) if that person were to apply for that assistance.

(c) The person is in a medical facility that is a medicaid provider and, but for residence in the facility, the person would be receiving assistance under one of the programs in subsection (1)(a).

(d) The person is under 19 years of age and meets the conditions of eligibility in the state plan, as defined in 53-4-201, other than with respect to age and school attendance.

(e) The person is under 21 years of age and in foster care under the supervision of the state or was in foster care under the supervision of the state and has been adopted as a hard-to-place child.

(f) The person meets the nonfinancial criteria of the categories in subsections (1)(a) through (1)(e) and:

(i) the person's income does not exceed the income level specified for federally aided categories of assistance and the person's resources are within the resource standards of the federal supplemental security income program; or

(ii) the person, while having income greater than the medically needy income level specified for federally aided categories of assistance:

(A) has an adjusted income level, after incurring medical expenses, that does not exceed the medically needy income level specified for federally aided categories of assistance or, alternatively, has paid in cash to the department the amount by which the person's income exceeds the medically needy income level specified for federally aided categories of assistance; and

(B) has resources that are within the resource standards of the federal supplemental security income program.

(g) The person is a qualified pregnant woman or child as defined in 42 U.S.C. 1396d(n).

(2) The department may establish income and resource limitations. Limitations of income and resources must be within the amounts permitted by federal law for the medicaid program.

(3) The Montana medicaid program shall pay, as required by federal law, the premiums necessary for medicaid-eligible persons participating in the medicare program and may, within the discretion of the department, pay all or a portion of the medicare premiums, deductibles, and coinsurance for a qualified medicare-eligible person or for a qualified disabled and working individual, as defined in section 6408(d)(2) of the federal Omnibus Budget Reconciliation Act of 1989, Public Law 101-239, who:

(a) has income that does not exceed income standards as may be required by the Social Security Act; and

(b) has resources that do not exceed standards that the department determines reasonable for purposes of the program.

(4) The department may pay a medicaid-eligible person's expenses for premiums, coinsurance, and similar costs for health insurance or other available health coverage, as provided in 42 U.S.C. 1396b(a)(1).

(5) In accordance with waivers of federal law that are granted by the secretary of the U.S. department of health and human services, the department of public health and human services may grant eligibility for basic medicaid benefits as described in 53-6-101 to an individual receiving FAIM financial assistance, as defined in 53-4-702, as the specified caretaker relative of a dependent child under the FAIM project and to all adult recipients of medical assistance only who are covered under a group related to the program of FAIM financial assistance. A recipient who is pregnant, meets the criteria for disability provided in Title II of the Social Security Act, 42 U.S.C. 416, et seq., or is less than 21 years of age is entitled to full medicaid coverage as provided in 53-6-101.

(6) The department, under the Montana medicaid program, may provide, if a waiver is not available from the federal government, medicaid and other assistance mandated by Title XIX of the Social Security Act, 42 U.S.C. 1396, et seq., as may be amended, and not specifically listed in this part to categories of persons that may be designated by the act for receipt of assistance.

(7) Notwithstanding any other provision of this chapter, medical assistance must be provided to infants and pregnant women whose family income does not exceed 133% of the federal poverty threshold, as provided in 42 U.S.C. 1396a(a)(10)(A)(ii)(IX) and 42 U.S.C. 1396a(l)(2)(A)(i), and whose family resources do not exceed standards that the department determines reasonable for purposes of the program.

(8) Subject to appropriations, the department may cooperate with and make grants to a nonprofit corporation that uses donated funds to provide basic preventive and primary health care medical benefits to children whose families are ineligible for the Montana medicaid program and who are ineligible for any other health care coverage, are under 19 years of age, and are enrolled in school if of school age.

(9) A person described in subsection (7) must be provided continuous eligibility for medical assistance, as authorized in 42 U.S.C. 1396a(e)(5) through a(e)(7).

(10) The department may establish resource and income standards of eligibility for mental health services that are more liberal than the resource and income standards of eligibility for physical health services. The standards for eligibility for mental health services may provide for eligibility for households with family income that does not exceed 200% of the federal poverty threshold or that does not exceed a lesser amount determined in the discretion of the department. The department may by rule specify under what circumstances deductions for medical expenses should be used to reduce countable family income in determining eligibility. The department may also adopt rules establishing fees, in effect on November 3, 1998, to be charged recipients for services. The fees may vary according to family income."

Section 312. Section 53-6-703, MCA, is amended to read:

"53-6-703. Managed care community network. (1) A managed care community network shall comply with:

(a) the requirements of Title 33, chapter 31, but the commissioner may by rule reduce or eliminate a requirement of Title 33, chapter 31, if the requirement is demonstrated to be unnecessary for the operation of the managed care community network; and

(b) the federal requirements for prepaid health plans as provided in 42 CFR, part 434.

(2) A managed care community network may contract with the department to provide any combination of medicaid-covered health care services that is acceptable to the department.

(3) A managed care community network shall demonstrate its ability to bear the financial risk of servicing enrollees under the program. The commissioner shall by rule adopt criteria for assessing the financial soundness of a network. The rules must consider the extent to which a network is composed of providers who directly render health care and are located within the community in which they seek to contract rather than solely arrange or finance the delivery of health care. The rules must consider risk-bearing and management techniques, as determined appropriate by the commissioner. The rules must also consider whether a network has sufficiently demonstrated its financial solvency and net worth. The commissioner's criteria must be based on sound actuarial, financial, and accounting principles. The commissioner is responsible for monitoring compliance with the rules.

(4) A managed care community network may not begin operation before the effective date of rules adopted by the commissioner under this part, the approval of any necessary federal waivers, and the completion of the review of an application submitted to the commissioner. The commissioner may charge the applicant an application review fee ~~for the commissioner's actual cost of review of the application~~. The fees must be adopted by the commissioner by rule ~~by the commissioner~~ in effect on November 3, 1998. Fees collected by the commissioner must be deposited in an account in the special revenue fund and are statutorily appropriated, as provided in 17-7-502, to the commissioner to defray the cost of application review.

(5) A health care delivery system that contracts with the department under the program may not be required to provide or arrange for any health care or medical service, procedure, or product that violates religious or moral teachings and beliefs if that health care delivery system is owned, controlled, or sponsored by or affiliated with a religious institution or religious organization but must comply with the notice requirements of 53-6-705(4)(c).

(6) The commissioner shall adopt rules to protect managed care community networks against financial insolvency. Managed care community networks are subject to health maintenance protections against financial insolvency contained in 33-31-216 in the event that a managed care community network is declared insolvent or bankrupt."

Section 313. Section 53-20-307, MCA, is amended to read:

"53-20-307. Health and safety standards for licensing. (1) (a) After initial certification by the state fire prevention and investigation program of the department of justice, community homes must be certified annually for fire and life safety by the department of justice.

(b) The department of justice shall notify the department of public health and human services when a community home has been certified.

(2) (a) Local health officers shall certify community homes for compliance with health and safety standards. If for any reason the local authority cannot complete the certification in a timely manner, the department of public health and human services is authorized to make the determination on certification.

(b) A Subject to Article VIII, section 17, of the Montana constitution, a local health office may charge a reasonable fee ~~may be charged~~ to authorized parties as defined in 53-20-303 for the health and safety certification. A state entity may charge a reasonable fee, in effect on November 3, 1998, to authorized parties for the certification."

Section 314. Section 53-24-208, MCA, is amended to read:

"53-24-208. Facility standards. (1) The department shall establish standards for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility and fix the fees, in effect on November 3, 1998, to be charged for the required inspections. The standards must be adopted by rule and may concern the health standards to be met and standards for the approval of treatment programs for patients.

(2) Facilities applying for approval shall demonstrate that a local need currently exists for proposed services and that the proposed services do not duplicate existing local services.

(3) The department shall periodically inspect approved public and private treatment facilities at reasonable times and in a reasonable manner.

(4) The department shall maintain a list of approved public and private treatment facilities.

(5) Each approved public or private treatment facility shall, on request, file with the department data, statistics, schedules, and information that the department reasonably requires. An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested or files fraudulent returns of the requested material must be removed from the list of approved treatment facilities.

(6) The department, after holding a hearing in accordance with the Montana Administrative Procedure Act, may suspend, revoke, limit, or restrict an approval or refuse to grant an approval for failure to meet its standards.

(7) A district court may restrain any violation of this section, review any denial, restriction, or revocation of approval, and grant other relief required to enforce its provisions.

(8) Upon petition of the department and after a hearing held upon reasonable notice to the facility, a district court may issue a warrant to the department authorizing it to enter and inspect at reasonable times and examine the books and accounts of any approved public or private treatment facility that refuses to consent to inspection or examination by the department or that the department has reasonable cause to believe is operating in violation of this chapter.

(9) If a rehabilitation facility otherwise meets the requirements of subsection (2), the department may consider as eligible for approval during the accreditation period any rehabilitation facility that furnishes written evidence, including the recommendation for future compliance statements, of accreditation of its programs by the commission on accreditation of rehabilitation facilities. The department may, but is not required to, inspect a facility considered eligible for approval under this section to ensure compliance with state approval standards."

Section 315. Section 60-5-510, MCA, is amended to read:

"60-5-510. Costs. The department shall authorize reasonable fees, in effect on November 3, 1998, to cover ~~all~~ costs incurred under the motorist information sign program. Fees must be paid under agreements negotiated between a franchisee and an advertiser unless otherwise provided in the contract between the department and the franchisee."

Section 316. Section 61-3-708, MCA, is amended to read:

"61-3-708. Cooperative or reciprocal registration -- filing of insurance -- fee. (1) The department may enter into written agreements with agencies of other states to allow for the cooperative or reciprocal state registration of interstate or international motor carriers and authorize the agency of a participating state to:

(a) issue interstate motor carrier registrations, stamps, and permits;

(b) accept filings of insurance, financial responsibility, and orders;

(d) share and exchange information for audit, reporting, and enforcement purposes; and

(e) perform any other function that the department determines is justified to facilitate the cooperative or reciprocal registration.

(2) (a) The department may impose a fee set by rule in effect on November 3, 1998, on an interstate or international motor carrier for the administration of this section. The fee must be paid on each motor vehicle operated by the motor carrier on the public highways of this state. At the time of initial registration and each succeeding year, at a time set by the department, the motor carrier shall pay the fee to the department.

(b) The department shall remit the fee to the state treasurer for deposit in the general fund."

Section 317. Section 61-3-710, MCA, is amended to read:

"61-3-710. Rulemaking authority. The department of transportation may adopt and enforce rules for the administration of the single-state registration system, including the setting of a fee, in effect on November 3, 1998, and for other matters necessary to carry out the provisions of 61-3-708 and 61-3-709."

Section 318. Section 61-8-907, MCA, is amended to read:

"61-8-907. Inspection -- fees -- decal. (1) The tow truck equipment of a commercial tow truck operator must have an annual safety inspection. A highway patrol officer, an employee of the department of transportation appointed as a peace officer in accordance with 61-12-201, or an inspector certified by the department shall conduct the inspection and require the commercial tow truck operator to provide proof of compliance with the provisions of 61-8-906.

(2) (a) Upon satisfactory completion of the inspection and verification of the insurance requirements, a decal showing the last inspection date and the expiration date of the insurance coverage must be affixed in a prominent place on the tow truck.

(b) If the commercial tow truck operator is participating in the law enforcement rotation system, the decal must also show the classification of the operator's tow truck equipment.

(3) The department may ~~establish~~ charge an inspection fee ~~that may not exceed the actual costs of the inspection~~ in effect on November 3, 1998. The fees must be deposited in the state highway account in the state special revenue fund."

Section 319. Section 67-10-202, MCA, is amended to read:

"67-10-202. Creation of board -- funding -- rules. (1) The county, city, or town, acting individually or acting jointly as authorized by 67-10-102, having established an airport or landing field and acquired property for ~~such~~ that purpose, may construct, improve, equip, maintain, and operate the ~~same~~ airport or landing field and for that purpose may create a board or body from the inhabitants of ~~such~~ the county, city, or town, or ~~such~~ the joint subdivisions of the state for the purpose of conferring upon them, and may confer upon them, the jurisdiction for the improvement, equipment, maintenance, and operation of ~~such~~ the airport or landing field. The board of county commissioners, the city or town council, as the case may be, or the board of county commissioners and the council or councils under a joint venture may adopt rules and, subject to Article VIII, section 17, of the Montana constitution, establish fees or charges for the use of ~~such~~ the airport or landing field or may authorize ~~such~~ the board or body to do so, subject~~, however,~~ to the approval of the appointing power before the ~~same~~ fees or charges ~~shall~~ take effect. All expenses of ~~such~~ construction, improvement, equipment, maintenance, and operation ~~shall~~ must be a charge against ~~such~~ the county, city, or town; or when a county, city, or town acts jointly under the authority ~~herein given~~ of this part, ~~such~~ the charges ~~shall~~ must be against the joint subdivisions of the state and ~~shall~~ must be apportioned according to benefits to accrue, the proportion to be paid by each to be fixed in advance by joint resolution of the governing bodies.

(2) For the purpose of meeting the charges mentioned when the airport or landing field is ~~such~~ a joint venture, a joint fund ~~shall~~ must be created and maintained into which each of the political subdivisions interested shall deposit its proportionate share in accordance with the predetermination of the board of county commissioners and council or councils affected.

(3) All disbursements from ~~such~~ the fund ~~shall~~ must be made by order of ~~such~~ the joint board or body, if one be is created ~~as authorized, otherwise under such~~. If a joint board or body is not created, disbursements must be made pursuant to rules as that the joint control by the commissioners and council or councils may adopt."

Section 320. Section 67-10-302, MCA, is amended to read:

"67-10-302. Granting of operation and use privileges. (1) In operating an airport or air navigation facility owned, leased, or controlled by a municipality, the municipality may, except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405, enter into contracts, leases, and other arrangements for a term not exceeding 40 years with any persons:

(a) granting the privilege of using or improving the airport or air navigation facility or any portion or facility of or space in the airport or air navigation facility for commercial purposes;

(b) conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility; or

(c) making available services to be furnished by the municipality or its agents at the airport or air navigation facility.

(2) In each case, the municipality may establish the terms and conditions and subject to Article VIII, section 17, of the Montana constitution, fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service.

(3) Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to 67-10-405, a municipality may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 40 years the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality;. ~~provided that~~ However, the person may not be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the municipality might not have undertaken under subsections (1) and (2)."

Section 321. Section 67-11-211, MCA, is amended to read:

"67-11-211. Granting of operation and use privileges. (1) In connection with the operation of an airport or air navigation facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements for terms not to exceed 40 years with any persons:

(a) granting the privilege of using or improving the airport or air navigation facility or any portion or facility of or space in the airport or air navigation facility for commercial purposes;

(b) conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility; and

(2) In each case, the authority may, subject to Article VIII, section 17, of the Montana constitution, establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service;. ~~provided that~~ However, the public may not be deprived of its rightful, equal, and uniform use of the airport, air navigation facility, or portion or facility of the airport or air navigation facility.

(3) Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by 67-11-305, an authority may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed 40 years the privilege of operating, as agent of the authority or otherwise, any airport owned or controlled by the authority;. ~~provided that~~ However, a person may not be granted any authority to operate an airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the authority might not have undertaken under subsections (1) and (2)."

Section 322. Section 67-11-222, MCA, is amended to read:

"67-11-222. Department control of airport operation and income. The department may control the operation of airports constructed under the provisions of 67-11-221 and may provide for the imposition of landing fees, in effect on November 3, 1998, granting of fuel and service concessions, or the lease of portions of the premises for other related airport services or for purposes not inconsistent with the use of the premises for airport purposes. All income from the operation of ~~such~~ the airports ~~shall~~ must be deposited in the state treasury in the airport operating account within the enterprise fund. All expenditures from the account ~~shall~~ must be within the limits of legislative appropriations and ~~shall~~ must be made upon vouchers signed and approved by the director of the department."

Section 323. Section 69-1-114, MCA, is amended to read:

"69-1-114. Fees. Each fee charged by the commission must be ~~commensurate with the costs incurred in administering the function for which the fee is charged~~ in effect on November 3, 1998, except those fees set by federal statute. No fee set by the commission may exceed $500."

Section 324. Section 69-3-204, MCA, is amended to read:

"69-3-204. Fees to be charged by commission. (1) The public service commission may, except as otherwise provided by law, require and receive fees, in effect on November 3, 1998, before filing annual reports, schedules, and supplements not provided by law to be furnished free of charge.

(2) The commission shall require and receive an additional sum ~~to be~~ set by the commission and in effect on November 3, 1998, to pay the cost of publishing notice as required by this chapter.

(3) This section does not require or authorize the public service commission to collect fees for the filing of annual reports, schedules, and supplements ~~of these which~~ that relate solely to interstate commerce."

Section 325. Section 69-12-311, MCA, is amended to read:

"69-12-311. Class A motor carrier certificate. (1) No A Class A motor carrier ~~shall~~ may not operate for the transportation of persons ~~and/or~~ or property for hire on any public highway in this state without first having obtained from the commission, under the provisions of this chapter, a certificate declaring that public convenience and necessity require ~~such~~ the operation.

(2) A motor carrier making application for ~~such~~ a Class A certificate shall do so in writing, separately for each route,. ~~which petition shall~~ The application must be verified by the applicant and ~~shall~~ must specify the following matters:

(a) the name and address of the applicant and the names and addresses of its officers, if any;

(b) the public highway or highways over which and the fixed termini between which or the regular route or routes over which it intends to operate;

(c) the kind of transportation, whether passenger, freight, or both, together with a full and complete description of the character of the vehicle or vehicles to be used, including the seating capacity of any vehicle to be used for passenger traffic and the tonnage capacity of any vehicle to be used in freight traffic;

(d) the proposed time schedule;

(e) a schedule of the tariff or rates desired to be charged for the transportation of freight and/or passengers;

(f) a complete and detailed description of the property proposed to be devoted to the public service;

(g) a detailed statement showing the assets and liabilities of ~~such~~ the applicant; and

(h) ~~such~~ other or additional information as the commission may by order require.

(3) ~~Such~~ The application ~~shall~~ must be accompanied by a filing fee to be set by rule of the commission in effect on November 3, 1998."

Section 326. Section 69-12-312, MCA, is amended to read:

"69-12-312. Class B motor carrier certificate. (1) No A Class B motor carrier ~~shall~~ may not operate for the transportation of persons and/or property for hire on any public highway in this state without first having obtained from the commission, under the provisions of this chapter, a certificate that public convenience and necessity require ~~such~~ the operations.

(2) A motor carrier making application for ~~such permit~~ a certificate shall do so in writing, separately for each locality for which consideration is desired,. ~~which petition shall~~ The application must be verified and ~~shall~~ must specify the following matters:

(a) the name and address of the applicant and the names and addresses of its officers, if any;

(b) the kind of transportation, whether passenger, freight, or both, together with a full and complete description of the character of the vehicle or vehicles to be used, including the seating capacity of any vehicle to be used for passenger traffic and the tonnage capacity of any vehicle to be used in freight traffic;

(d) a schedule of the tariff of rates desired to be charged for the transportation of freight and/or passengers;

(e) a complete and detailed description of the property proposed to be devoted to the public service;

(f) a detailed statement showing the assets and liabilities of ~~such~~ the applicant; and

(g) ~~such~~ other or additional information as the commission may by order require.

(3) ~~Such~~ The application ~~shall~~ must be accompanied by a filing fee ~~to be~~ set by rule of the commission and in effect on November 3, 1998."

Section 327. Section 69-12-313, MCA, is amended to read:

"69-12-313. Class C motor carrier certificate. (1) No A Class C motor carrier, except any Class C motor carrier operating pursuant to the terms and conditions of a contract as provided in 69-12-324, ~~shall~~ may not operate for the distribution, delivery, or collection of goods, wares, merchandise, or commodities or for the transportation of persons on any public highway in this state without first having obtained from the commission, under the provisions of this chapter, a certificate that public convenience and necessity require ~~such~~ the operation.

(2) A motor carrier making application for ~~such permit~~ a certificate shall do so in writing, separately for each route or locality for which consideration is desired,. ~~which petition shall~~ The petition must be verified by the applicant and ~~shall~~ must specify the following matters:

(a) the name and address of the applicant and the names and addresses of its officers, if any;

(b) the public highways or highways over which and the fixed termini between which or the route or routes over which it intends to operate, if ~~the same~~ they are fixed, or the particular city, town, station, or locality from ~~and/or~~ and to which the applicant intends to operate;

(c) the kind of transportation and the character of the goods, wares, merchandise, or commodities to be distributed, delivered, or collected, together with a full and complete description of the character of the vehicle or vehicles, including the rated tonnage capacity of ~~such~~ the vehicles, to be used in ~~such~~ the service of distribution, delivery, or collection; and

(d) ~~such~~ other or additional information as that the commission may by order require.

(3) ~~Such~~ The application ~~shall~~ must be accompanied by a fee ~~to be~~ set by rule of the commission and in effect on November 3, 1998.

(4) The submission of a Class C motor carrier application must be accompanied by the names and addresses of any person, corporation, or other legal entity with whom the applicant has executed a contract for the distribution, delivery, or collection of wares, merchandise, or commodities or transporting persons. ~~Such~~ The contracts must be in writing, executed by the parties and submitted to the commission for examination."

Section 328. Section 69-12-421, MCA, is amended to read:

"69-12-421. Annual fee for motor carriers. (1) Except as provided in subsection (2), in addition to all of the licenses, fees, or taxes imposed upon motor vehicles in this state and in consideration of the use of the public highways of this state, every motor carrier shall, at the time of the issuance of a certificate and annually ~~thereafter~~, on or between October 1 and the following January 31, pay to the public service commission of Montana a fee set by rule of the commission and in effect on November 3, 1998, for every motor vehicle operated by the carrier over or upon the public highways of this state.

(2) (a) A motor carrier engaged in seasonal operations only, ~~where~~ when its operations do not extend continuously over a period of not to exceed 6 months in ~~any~~ a calendar year, shall only be required to pay compensation and fees in a sum equal to one-half of the compensation and fees ~~herein~~ provided for in this section.

(b) The compensation and fees ~~herein~~ imposed ~~shall~~ by this section may not apply to motor vehicles maintained and used by a motor carrier as standby or emergency equipment. The commission shall ~~have the power and it is hereby made its duty to~~ determine what motor vehicles ~~shall be~~ are classed as standby or emergency equipment."

Section 329. Section 69-12-423, MCA, is amended to read:

"69-12-423. Fees to be charged by commission. (1) The public service commission may, except as otherwise provided by law, require and receive fees, in effect on November 3, 1998, before filing annual reports, tariffs, schedules, applications, and supplements not provided by law to be furnished free of charge.

(2) The commission shall require and receive an additional sum to be set by the commission to pay the cost of publishing ~~such~~ notice as that may be required by this chapter.

(3) This section does not require or authorize the public service commission to collect fees for the filing of annual reports, tariffs, schedules, and supplements ~~of these which~~ that relate solely to interstate commerce."

Section 330. Section 69-14-313, MCA, is amended to read:

"69-14-313. Fees to be charged by commission. The commission shall require and receive a fee, in effect on November 3, 1998, from the affected railroad to pay the cost of publishing notice as required by this chapter."

Section 331. Section 71-3-125, MCA, is amended to read:

"71-3-125. Filing of agricultural lien statements. (1) Unless a statement of an agricultural lien has been filed in the office of the secretary of state as provided in this chapter, a buyer who, in ordinary course of business as defined in 30-1-201(9), buys a farm product takes it free of any lien created by this chapter even though the lien is otherwise perfected.

(2) A statement of an agricultural lien is sufficient if it:

(a) gives the names and addresses of the debtor and lienor;

(b) describes the type of lien and its statutory authority;

(d) contains the notation by the secretary of state of the date of filing and filing number;

(e) is signed by the lienor;

(f) describes the service or product furnished. If the collateral is farm products, the statement must state the county in which the farm products are located, designated by type of farm product.

(g) states the price or wage agreed upon or, if the price or wage was not agreed upon, the reasonable value of the service or product furnished;

(h) states the amount remaining unpaid;

(i) states the terms and period of employment if it is a farm laborer's lien filed pursuant to part 4 of this chapter;

(j) describes the land upon which seed or grain was or will be sown, planted, or used if it is a lien for seed or grain filed pursuant to part 7 of this chapter;

(k) describes the land upon which the grain or crops were grown and the place the grain or crops are presently stored if it is a thresher's lien filed pursuant to part 8 of this chapter;

(l) describes the land upon which the service was performed if it is a lien for spraying or dusting filed pursuant to part 9 of this chapter; and

(m) states the starting date of insurance coverage if it is a lien filed pursuant to part 7 of this chapter.

(3) The agricultural lien statement must be in the form prescribed by the secretary of state.

(4) The secretary of state shall:

(a) record the agricultural lien statement on the centralized computer system as set forth in 30-9-403; and

(b) establish fees for such recordings as set forth in 30-9-403 and in effect on November 3, 1998.

(5) For the purposes of this section, an agricultural lien means a lien under part 4, 7, 8, or 9 of this chapter.

(6) A statement of an agricultural lien or continuation statement that has been filed at the office of the county clerk and recorder lapses on March 31, 1990, unless prior to that date there is filed in the office of the secretary of state a certified copy of the statement and all related documents on file with the county clerk and recorder."

Section 332. Section 71-3-206, MCA, is amended to read:

"71-3-206. Fees. (1) The fee for filing and indexing each notice of lien or certificate or notice affecting the tax lien must be established ~~and deposited~~ in accordance with the provisions of 30-9-403 and in effect on November 3, 1998. The fees must be deposited as provided in 30-9-403.

(2) The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them."

Section 333. Section 75-1-202, MCA, is amended to read:

"75-1-202. Agency rules to prescribe fees. Each agency of state government charged with the responsibility of issuing a lease, permit, contract, license, or certificate under any provision of state law may adopt rules in effect on November 3, 1998, prescribing fees which ~~shall~~ must be paid by a person, corporation, partnership, firm, association, or other private entity when an application for a lease, permit, contract, license, or certificate will require an agency to compile an environmental impact statement as prescribed by 75-1-201. An agency must determine within 30 days after a completed application is filed whether it will be necessary to compile an environmental impact statement and assess a fee as prescribed by this part. The fee assessed under this part ~~shall~~ must be used only to gather data and information necessary to compile an environmental impact statement as defined in parts 1 through 3. No A fee may not be assessed if an agency intends only to file a negative declaration stating that the proposed project will not have a significant impact on the human environment."

Section 334. Section 75-1-203, MCA, is amended to read:

"75-1-203. Fee schedule -- maximums. (1) In prescribing fees to be assessed against applicants for a lease, permit, contract, license, or certificate as specified in 75-1-202, an agency may adopt a fee schedule ~~which~~ in effect on November 3, 1998, that may be adjusted depending upon the size and complexity of the proposed project. A fee may not be assessed unless the application for a lease, permit, contract, license, or certificate will result in the agency incurring expenses in excess of $2,500 to compile an environmental impact statement.

(2) The maximum fee that may be imposed by an agency may not exceed 2% of any estimated cost up to $1 million, plus 1% of any estimated cost over $1 million and up to $20 million, plus 1/2 of 1% of any estimated cost over $20 million and up to $100 million, plus 1/4 of 1% of any estimated cost over $100 million and up to $300 million, plus 1/8 of 1% of any estimated cost in excess of $300 million.

(3) If an application consists of two or more facilities, the filing fee must be based on the total estimated cost of the combined facilities. The estimated cost must be determined by the agency and the applicant at the time the application is filed.

~~(4) Each agency shall review and revise its rules imposing fees as authorized by this part at least every 2 years.~~"

Section 335. Section 75-2-111, MCA, is amended to read:

"75-2-111. Powers of board. The board shall, subject to the provisions of 75-2-207:

(1) adopt, amend, and repeal rules for the administration, implementation, and enforcement of this chapter, for issuing orders under and in accordance with 42 U.S.C. 7419, and for fulfilling the requirements of 42 U.S.C. 7420 and regulations adopted pursuant ~~thereto~~ to those sections;

(2) hold hearings relating to any aspect of or matter in the administration of this chapter at a place designated by the board. The board may compel the attendance of witnesses and the production of evidence at hearings. The board shall designate an attorney to assist in conducting hearings and shall appoint a reporter who must be present at all hearings and take full stenographic notes of all proceedings, transcripts of which ~~will~~ must be available to the public at cost.

(3) issue orders necessary to effectuate the purposes of this chapter;

(4) by rule require access to records relating to emissions;

(5) by rule in effect on November 3, 1998, adopt a schedule of fees required for permits and permit applications, consistent with this chapter;

(6) have the power to issue orders under and in accordance with 42 U.S.C. 7419."

Section 336. Section 75-2-112, MCA, is amended to read:

"75-2-112. Powers and responsibilities of department. (1) The department is responsible for the administration of this chapter.

(2) The department shall:

(a) by appropriate administrative and judicial proceedings, enforce orders issued by the board;

(b) secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise;

(d) encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter;

(e) encourage local units of government to handle air pollution problems within their respective jurisdictions on a cooperative basis and provide technical and consultative assistance for this. If local programs are financed with public funds, the department may contract with the local government to share the cost of the program. However, the state share may not exceed 30% of the total cost.

(f) encourage and conduct studies, investigations, and research relating to air contamination and air pollution and their causes, effects, prevention, abatement, and control;

(g) determine, by means of field studies and sampling, the degree of air contamination and air pollution in the state;

(h) make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere of this state and make recommendations to appropriate public and private bodies with respect to this;

(i) collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution;

(j) advise, consult, contract, and cooperate with other agencies of the state, local governments, industries, other states, interstate and interlocal agencies, the United States, and any interested persons or groups;

(k) consult, on request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control ~~thereof~~ of air contaminants concerning the efficacy of this device or system or the air pollution problems ~~which~~ that may be related to the source, device, or system. Nothing in this consultation relieves a person from compliance with this chapter, rules in force under it, or any other provision of law.

(l) accept, receive, and administer grants or other funds or gifts from public or private agencies, including the United States, for the purpose of carrying out this chapter. Funds received under this section ~~shall~~ must be deposited in the state treasury to the account of the department.

(3) The department may assess fees, in effect on November 3, 1998, to the applicant for the analysis of the environmental impact of an application to redesignate the classification of any area, except those areas within the exterior boundaries of a reservation of a federally recognized Indian tribe, under the classifications established by 42 U.S.C. 7470 through 7479 (prevention of significant deterioration of air quality). The determination of whether or not a fee will be assessed is to be on a case-by-case basis."

Section 337. Section 75-2-220, MCA, is amended to read:

"75-2-220. Fees -- special assessments -- late payment assessments. (1) Concurrent with the submittal of a permit application required under this chapter and annually for the duration of the permit, the applicant shall submit to the department a fee, in effect on November 3, 1998, ~~sufficient to cover the reasonable costs, direct and indirect, of~~ to be used for developing and administering the permitting requirements in this chapter, including:

(a) reviewing and acting upon the application;

(b) implementing and enforcing the terms and conditions of the permit. This amount does not include any court costs or other costs associated with an enforcement action. If the permit is not issued, the department shall return this portion of the fee to the applicant.

(d) preparing generally applicable regulations or guidance;

(e) modeling, analysis, and demonstrations;

(f) preparing inventories and tracking emissions;

(g) providing support to sources under the small business stationary source technical and environmental compliance assistance program; and

(h) all other costs required to be recovered pursuant to Subchapter V of the federal Clean Air Act, 42 U.S.C. 7661, et seq.

(2) In recovering the costs described in subsection (1), the department may assess an application fee, in effect on November 3, 1998, based on estimated actual emissions or an annual fee based on actual emissions of air pollutants regulated under this chapter, including but not limited to volatile organic compounds, each air pollutant regulated under section 7411 or 7412 of the federal Clean Air Act, 42 U.S.C. 7401, et seq., and each air pollutant subject to a national primary ambient air quality standard.

(3) The board shall by rule provide for the annual adjustment of all fees assessed for operating permit applications under 75-2-217 and 75-2-218 to account for changes to the consumer price index, as required by Subchapter V of the federal Clean Air Act.

~~(4)~~(3) In addition to the fee required under subsection (1), the board may order the assessment of additional fees, in effect on November 3, 1998, required to fund specific activities of the department that are directed at a particular geographic area if the legislature authorizes the activities and appropriates funds for the activities, including emissions or ambient monitoring, modeling analysis or demonstrations, or emissions inventories or tracking. Additional assessments may be levied only on those sources that are within or are believed by the department to be impacting the geographic area. Before the board may require the fees, it shall first determine, after opportunity for hearing, that the activities to be funded are necessary for the administration or implementation of this chapter, that the amount of the requested fees is appropriate, that the assessments apportion the required funding in an equitable manner, and that the department has obtained the necessary appropriation. The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing before the board under this subsection.

~~(5)~~(4) (a) If the applicant or permitholder fails to pay in a timely manner a fee required under subsection (1), in addition to the fee, the department may:

(i) impose a penalty not to exceed 50% of the fee, plus interest on the required fee computed at the rate contained in 15-31-510; or

(ii) revoke the permit consistent with those procedures established under this chapter for permit revocation.

(b) Within 1 year of revocation, the department may reissue the revoked permit after the applicant or permitholder has paid all outstanding fees required under subsections (1) and ~~(4)~~(3), including all penalties and interest provided for under this subsection ~~(5)~~(4). In reissuing the revoked permit, the department may modify the terms and conditions of the permit as necessary to account for changes in air quality occurring since revocation.

(c) The board shall by rule provide for the implementation of this subsection ~~(5)~~(4), including criteria for imposition of the sanctions described in this subsection ~~(5)~~(4).

~~(6)~~(5) The board may by rule allow the reduction of a fee required under this section for an operating permit or permit renewal to account for the financial resources of a category of small business stationary sources.

~~(7)~~(6) As a condition of the continuing validity of a permit issued by the department under this chapter prior to October 1, 1993, the board may by rule require the permitholder to pay the fees under subsections (1) and ~~(4)~~(3).

~~(8)~~(7) For an existing source of air pollutants that is subject to Subchapter V of the federal Clean Air Act and that is not required to hold an air quality permit from the department as of October 1, 1993, the board may, as a condition of continued operation, require by rule that the owner or operator of the source pay the fees under subsections (1) and ~~(4)~~(3).

~~(9)~~(8) (a) The department shall give written notice of the fee to be assessed and the basis for the department's fee assessment under this section to the owner or operator of the air pollutant source. The owner or operator may appeal the department's fee assessment to the board within 20 days after receipt of the written notice.

(b) An appeal must be based upon the allegation that the fee assessment is erroneous or excessive. An appeal may not be based on the amount of the fee contained in the schedule adopted by the board.

(c) If any part of the fee assessment is not appealed, it must be paid to the department upon receipt of the notice required in subsection ~~(9)~~(8)(a).

(d) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing before the board under this subsection ~~(9)~~(8).

~~(10)~~(9) The department may not charge more than one fee annually to a source of air pollutants for the costs identified in subsection (1)."

Section 338. Section 75-2-503, MCA, is amended to read:

"75-2-503. Rulemaking authority -- issuance of permits. (1) The department shall, subject to the provisions of 75-2-207, adopt rules establishing standards and procedures for accreditation of asbestos-related occupations and control of the work performed by persons in asbestos-related occupations. The rules must be consistent with federal law and include but are not limited to:

(a) standards for training course review and approval;

(b) standards for accreditation of applicants for asbestos-related occupations;

(d) requirements for renewal of accreditation, including periodic refresher courses;

(e) revocation of accreditation;

(f) inspection requirements for asbestos projects and asbestos-related occupations credentials;

(g) criteria to determine whether and what type of control measures are necessary for an asbestos project and whether a project is completed in a manner sufficient to protect public health, including criteria setting allowable limits on indoor airborne asbestos. A determination of whether asbestos abatement of a structure is necessary may not be based solely upon the results of airborne asbestos testing.

(h) requirements for issuance of asbestos project permits and conditions that permitholders shall meet;

(i) standards for seeking injunctions, criminal and civil penalties, or emergency actions;

(j) advance notification procedures and issuance of permits for asbestos projects; and

(k) fees, ~~which must be commensurate with costs~~ in effect on November 3, 1998, for:

(i) review and approval of training courses;

(ii) application for and renewal of accreditation by a person seeking to pursue an asbestos-related occupation;

(iii) issuance of asbestos project permits; and

(iv) requested inspections of asbestos projects.

(2) For asbestos projects having a cost of $3,000 or less, the department shall issue asbestos project permits within 7 calendar days following the receipt of a properly completed permit application and the appropriate fee."

Section 339. Section 75-5-516, MCA, is amended to read:

"75-5-516. Fees authorized for recovery -- process -- rulemaking. (1) The board shall by rule in effect on November 3, 1998, prescribe fees to be assessed by the department that are sufficient to cover the board's and department's documented costs, both direct and indirect, of:

(a) reviewing and acting upon an application for a permit, permit modification, permit renewal, certificate, license, or other authorization required by rule under 75-5-201 or 75-5-401;

(b) reviewing and acting upon a petition for a degradation allowance under 75-5-303;

(c) reviewing and acting upon an application for a permit, certificate, license, or other authorization for which an exclusion is provided by rule from the permitting requirements established under 75-5-401;

(d) enforcing the terms and conditions of a permit or authorization identified in subsections (1)(a) through (1)(c). If the permit or authorization is not issued, the department shall return this portion of any application fee to the applicant.

(e) conducting compliance inspections and monitoring effluent and ambient water quality; and

(f) preparing water quality rules or guidance documents.

(2) The rules promulgated by the board under this section must include:

(a) a fee, in effect on November 3, 1998, on all applications for permits or authorizations, as identified in subsections (1)(a) through (1)(c), that recovers to the extent permitted by this subsection (2) the department's cost of reviewing and acting upon the applications. This fee may not be more than $5,000 per discharge point for an application addressed under subsection (1), except that an application with multiple discharge points may be assessed a lower fee for those points according to board rule.

(b) an annual fee, in effect on November 3, 1998, to be assessed according to the volume and concentration of waste discharged into state waters. The annual fee may not be more than $3,000 per million gallons discharged per day on an annual average for any activity under permit or authorization, as described in subsection (1), except that:

(i) a permit or authorization with multiple discharge points may be assessed a lower fee for those points according to board rule in effect on November 3, 1998; and

(ii) a facility that consistently discharges effluent at less than or equal to one-half of its effluent limitations and that is in compliance with other permit requirements, using the previous calendar year's discharge data, is entitled to a 25% reduction in its annual permit fee. Proportionate reductions of up to 25% of the permit fee may be given to facilities that consistently discharge effluent at levels between 50% and 100% of their effluent limitations. However, a new permittee is not eligible for a fee reduction in its first year of operation, and a permittee with a violation of any effluent limit during the previous calendar year is not eligible for a fee reduction for the following year.

(3) To the extent permitted under subsection (2)(b), the annual fee must be sufficient to pay the department's estimated cost of conducting all tasks described under subsection (1) after subtracting:

(a) the fees collected under subsection (2)(a);

(b) state general fund appropriations for functions administered under this chapter; and

(4) For purposes of subsection (3), the department's estimated cost of conducting the tasks described under subsection (1) is the amount authorized by the legislature for the department's water quality discharge permit programs.

(5) If the applicant or holder fails to pay a fee assessed under this section or rules adopted under this section within 90 days after the date established by rule for fee payment, the department may:

(a) impose an additional assessment consisting of not more than 20% of the fee plus interest on the required fee computed at the rate established under 15-31-510; or

(b) suspend the permit or exclusion. The department may lift the suspension at any time up to 1 year after the suspension occurs if the holder has paid all outstanding fees, including all penalties, assessments, and interest imposed under subsection (5)(a).

(6) Fees collected pursuant to this section must be deposited in an account in the special revenue fund type pursuant to 75-5-517.

(7) The department shall give written notice to each person assessed a fee under this section of the amount of fee that is assessed and the basis for the department's calculation of the fee. This notice must be issued at least 30 days prior to the due date for payment of the assessment.

(8) A holder of or an applicant for a permit, certificate, or license may appeal the department's fee assessment to the board within 20 days after receiving written notice of the department's fee determination under subsection (7). The appeal to the board must include a written statement detailing the reasons that the permitholder or applicant considers the department's fee assessment to be erroneous or excessive.

(9) If part of the department's fee assessment is not in dispute in an appeal filed under subsection (8), the undisputed portion of the fee must be paid to the department upon written request of the department.

(10) The contested case provisions of the Montana Administrative Procedure Act, provided for in Title 2, chapter 4, part 6, apply to a hearing before the board under this section.

(11) A municipality may raise rates to cover costs associated with the fees prescribed in this section for a public sewer system without the hearing required in 69-7-111."

Section 340. Section 75-5-702, MCA, is amended to read:

"75-5-702. Monitoring -- water quality assessment listing. (1) The department shall monitor state waters to assess the quality of those waters and to identify surface water bodies or segments of surface water bodies that are threatened or impaired. The department shall use the monitoring results to revise the list of water bodies that are identified as threatened or impaired and to establish a priority ranking for TMDL development for those waters in accordance with subsections (4) and (7).

(2) In revising the list prepared pursuant to this section, the department shall use all currently available data, including information or data obtained from federal, state, and local agencies, private entities, or individuals with an interest in water quality protection. Except as provided in subsection (6), the department may modify the list only if there is sufficient credible data to support the modification. Prior to publishing a final list, the department shall provide public notice and allow 60 days for public comment on the draft list. The department shall make available for public review, upon request, documentation used in the determination to list or delist a particular water body, including, at a minimum, a description of the information, data, and methodology used. The department may charge a reasonable fee, in effect on November 3, 1998, for the documentation~~, commensurate with the cost of providing the documentation to the requestor~~.

(3) A person may request that the department add or remove a water body or reprioritize a water body on a draft or published list by providing the data or information necessary to support the request. The department shall review the data within 60 days from its submittal. If the department determines that there is sufficient credible data to grant the request, the department shall provide public notice of its intended action and allow 60 days for public comment prior to taking action on the request. A person aggrieved by the department's decision to grant or deny the request may appeal the department's decision to the board.

(4) The department shall, in consultation with local conservation districts and watershed advisory groups pursuant to 75-5-704, review and revise the list and priority rankings of water bodies identified as threatened or impaired. The department shall review and revise the list at intervals not to exceed 5 years. The department shall make available for public review the data and information used in making any changes in its list of threatened or impaired water bodies that is developed and maintained pursuant to this section.

(5) By October 1, 1999, the department shall develop and maintain a data management system that can be used to assess the validity and reliability of the data used in the listing and priority ranking process. The department shall make available to the public, upon request, data from its data management system. The department may charge a reasonable fee for the data, commensurate with its cost of providing the data to the requestor.

(6) By October 1, 1999, the department shall use the data management system developed and maintained pursuant to subsection (5) to revise the list and to remove any water body that lacks sufficient credible data to support its listing. If the department removes a water body because there is a lack of sufficient credible data to support its listing, the department shall monitor and assess that water body during the next field season or as soon as possible thereafter to determine whether it is a threatened water body or an impaired water body.

(7) In prioritizing water bodies for TMDL development, the department shall, in consultation with the statewide TMDL advisory group established pursuant to subsection (9), take into consideration the following:

(a) the beneficial uses established for a water body;

(b) the extent that natural factors over which humans have no control are contributing to any impairment;

(d) the degree of public interest and support;

(e) the character of the pollutant and the severity and magnitude of water quality standard noncompliance;

(f) whether the water body is an important high-quality resource in an early stage of degradation;

(g) the size of the water body not achieving standards;

(h) immediate programmatic needs such as waste load allocations for new permits or permit renewals and load allocations for new nonpoint sources;

(i) court orders and decisions relating to water quality;

(j) state policies and priorities, including the protection and restoration of native fish when appropriate;

(k) the availability of technology and resources to correct the problems;

(l) whether actions or voluntary programs that are likely to correct the impairment of a particular water body are currently in place; and

(m) the recreational, economic, and aesthetic importance of a particular water body.

(8) The department shall, in consultation with the statewide TMDL advisory group, develop a method of rating water bodies according to the criteria and considerations described in subsection (7) in order to rank the listed water bodies as high priority, moderate priority, or low priority for TMDL development. The department may not rank a water body as a high priority under this section without first validating the data necessary to support the ranking.

(9) (a) The department shall establish a statewide TMDL advisory group to serve in the consultation capacity set forth in 75-5-704(2)(a) and subsections (7) and (8) of this section. Fourteen members must be appointed by the director, based upon one nomination from each of the following interests:

(i) livestock-oriented agriculture;

(ii) farming-oriented agriculture;

(iii) conservation or environmental interests;

(iv) water-based recreationists;

(v) the forestry industry;

(vi) municipalities;

(vii) point source dischargers;

(viii) mining;

(ix) federal land management agencies;

(x) state trust land management agencies;

(xi) supervisors of soil and water conservation districts for counties east of the continental divide;

(xii) supervisors of soil and water conservation districts for counties west of the continental divide;

(xiii) the hydroelectric industry; and

(xiv) fishing-related businesses.

(b) If the director receives more than one nomination from a particular interest, the director shall notify the respective nominators and request that they agree on one nominee.

(10) The department shall provide public notice of meetings of the statewide TMDL advisory group and shall solicit, document, and consider public comments provided during the deliberations of the advisory group."

Section 341. Section 75-6-108, MCA, is amended to read:

"75-6-108. Board to prescribe fees -- opportunity for appeal. (1) The board shall by rule prescribe fees, in effect on November 3, 1998, to be assessed annually by the department on owners of public water supply systems to recover department costs in providing services under this part. The annual fee for a public water supply system is no more than ~~$2.25 for each service connection to the public water supply system for the biennium beginning July 1, 1991, and ending June 30, 1993, and thereafter is no more than~~ $2 for each service connection to the public water supply system, although the minimum fee for any system is $100, except that the fee for a transient noncommunity water system is $50.

(2) Public water supply systems in a municipality may, subject to Article VIII, section 17, of the Montana constitution, raise the rates to recover costs associated with the fees prescribed in this section without the public hearing required in 69-7-111.

(3) The board shall by rule prescribe fees, in effect on November 3, 1998, to be assessed by the department on persons who submit plans and specifications for construction, alteration, or extension of a public water supply system or public sewage system. ~~The fees must be commensurate with the cost to the department of reviewing the plans and specifications.~~

(4) Fees collected pursuant to this section must be deposited in the public drinking water special revenue fund established in 75-6-115.

(5) (a) The department shall notify the owner of a public water supply system in writing of the amount of the fee to be assessed and the basis for the assessment. The owner may appeal the fee assessment in writing to the board within 20 days after receipt of the written notice.

(b) An appeal must be based on the allegation that the fee is erroneous or excessive. An appeal may not be based only on the fee schedule adopted by the board.

(c) If any part of the fee assessment is not appealed, it must be paid to the department upon receipt of the notice provided for in subsection (5)(a)."

Section 342. Section 75-6-116, MCA, is amended to read:

"75-6-116. State regulations no more stringent than federal regulations or guidelines. (1) ~~After April 14, 1995, except~~ Except as provided in subsections (2) through (5) or unless required by state law, the board may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The board may incorporate by reference comparable federal regulations or guidelines.

(2) The board may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the board makes a written finding after a public hearing and public comment and based on evidence in the record that:

(a) the proposed state standard or requirement protects public health or the environment of the state; and

(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.

(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the board's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.

(4) (a) A person affected by a rule of the board adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the board to review the rule. If the board determines that the rule is more stringent than comparable federal regulations or guidelines, the board shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The board may charge a petition filing fee, in effect on November 3, 1998, in an amount not to exceed $250.

(b) A person may also petition the board for a rule review under subsection (4)(a) if the board adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted board rule.

(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1)."

Section 343. Section 75-7-210, MCA, is amended to read:

"75-7-210. Application for permit -- fee -- limitations. (1) A person seeking a permit for work in a lake or on a lakeshore shall apply to the local governing body and shall pay a permit fee established by the governing body under subsection (2).

(2) (a) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the local governing body shall establish a permit fee as provided in subsection (1). The permit fee must reasonably address the cost of administering the permit application. Factors the local governing body shall consider when establishing the fee include but are not limited to:

(i) the annual estimated total number of permit requests;

(ii) the complexity of the specific project;

(iii) the need for and location and number of onsite investigations; and

(iv) the estimated cost of the specific project.

(b) The fees established in this subsection may not exceed the following limits:

(i) $25 for residential permits not requiring a variance from the local governing authority;

(ii) $60 for residential permits requiring a variance from the local governing authority;

(iii) $60 for commercial permits not requiring a variance from the local governing authority; and

(iv) $150 for commercial permits requiring a variance from the local governing authority."

Section 344. Section 75-10-107, MCA, is amended to read:

"75-10-107. State regulations no more stringent than federal regulations or guidelines. (1) ~~After April 14, 1995, except~~ Except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.

(2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:

(a) the proposed state standard or requirement protects public health or the environment of the state; and

(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.

(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.

(4) (a) A person affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee, in effect on November 3, 1998, in an amount not to exceed $250.

(b) A person may also petition the department for a rule review under subsection (4)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.

(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1)."

Section 345. Section 75-10-113, MCA, is amended to read:

"75-10-113. User's fee assessed. In the event the revenues of a solid waste management system are insufficient to pay the costs, a local government may, subject to Article VIII, section 17, of the Montana constitution, levy a pro rata fee against the users of the solid waste management district. The pro rata fee ~~shall~~ must be based on a per ton, per pound, or volume assessment."

Section 346. Section 75-10-115, MCA, is amended to read:

"75-10-115. Solid waste management fee. (1) The department may ~~establish and~~ collect fees, in effect on November 3, 1998, for the management and regulation of solid waste disposal. These fees may include:

(a) a license application fee ~~that reflects~~ for the cost of reviewing a new solid waste management system or a substantial change to an existing facility;

(b) an annual license renewal fee that ~~reflects~~ provides a minimal base fee related to the fixed costs of an annual inspection and license renewal and based upon the following formula:

(i) for a major facility with a planned capacity of more than 25,000 tons of solid waste a year, $3,500;

(ii) for an intermediate facility with a planned capacity of more than 5,000 tons a year but not more than 25,000 tons a year, $3,000;

(iii) for a minor facility with a planned capacity of not more than 5,000 tons a year, $2,500; and

(2) All fees collected must be deposited in the solid waste management account provided for in 75-10-117."

Section 347. Section 75-10-118, MCA, is amended to read:

"75-10-118. Solid waste management fee -- out-of-state waste. (1) Notwithstanding the fee established pursuant to 75-10-204(8) and except as provided in subsection (2) of this section, a person who owns an incinerator that burns solid waste or a solid waste disposal facility that is licensed pursuant to 75-10-221 and to rules adopted under 75-10-221 shall pay to the department a quarterly fee of $5 for each ton of solid waste generated outside Montana and incinerated or disposed of at the facility.

(2) A person who owns a solid waste disposal facility that is licensed pursuant to 75-10-221 and to rules adopted under 75-10-221 that receives less than 25,000 tons of solid waste annually shall pay the department a quarterly fee, determined by the department pursuant to 75-10-204(8) and in effect on November 3, 1998, for each ton of solid waste generated outside Montana.

(3) All fees must be deposited in the solid waste management account provided for in 75-10-117."

Section 348. Section 75-10-204, MCA, is amended to read:

"75-10-204. Powers and duties of department. The department shall, subject to the provisions of 75-10-107, adopt rules governing solid waste management systems that must include but are not limited to:

(1) requirements for the plan of operation and maintenance that must be submitted with an application under this part;

(2) the classification of disposal sites according to the physical capabilities of the site to contain the type of solid waste to be disposed of;

(3) the procedures to be followed in the disposal, treatment, or transport of solid wastes;

(4) the suitability of the site from a public health standpoint when hydrology, geology, and climatology are considered;

(5) requirements relating to ground water monitoring, including but not limited to:

(a) information that owners and operators of municipal solid waste landfills and other disposal sites specified in 75-10-207 must submit to the department to enable the department to prepare the priority compliance list authorized by 75-10-207(3);

(b) the content of plans for the design, construction, operation, and maintenance of monitoring wells and monitoring systems; and

(6) fees ~~related to~~, in effect on November 3, 1998, for the review of solid waste management system license applications;

(7) the renewal of solid waste management system licenses and related fees in effect on November 3, 1998;

(8) a quarterly fee, in effect on November 3, 1998, based on the justifiable direct and indirect costs to the state of administering Title 75, chapter 10, parts 1 and 2, for solid waste generated outside Montana and disposed of or incinerated within Montana;

(9) requirements to maintain financial assurance payable to the state of Montana with a surety satisfactory to the department in an amount sufficient to provide for waste tire treatment, removal, transportation, disposal, fire suppression, or other measures necessary to protect the environment and the health, safety, and welfare of the public;

(10) any other factors relating to the sanitary disposal or management of solid wastes."

Section 349. Section 75-10-221, MCA, is amended to read:

"75-10-221. License required -- application. (1) Except as provided in 75-10-214, no a person may not dispose of solid waste or operate a solid waste management system without a license from the department.

(2) The department shall provide application forms for a license as provided in this part.

(3) The application ~~shall~~ must contain the name and business address of the applicant, the location of the proposed solid waste management system, a plan of operation and maintenance, and ~~such~~ other information as that the department may by rule require.

(4) The license provided for in this section is for a period not to exceed 12 months unless renewed by the department. ~~The department may provide exceptions to the 12-month requirement for a 2-year period following July 1, 1991.~~

(5) The department may require submission of a new application if the department determines that the plan of operation, the management of the solid waste system, or the geological or ground water conditions have changed since the license was initially approved.

(6) In establishing fees for licenses and the review of applications, the department shall consider the volume of waste to be managed and the size of the proposed solid waste management system. The fees must be those in effect on November 3, 1998, and must encourage reduction in the volume of waste to be managed and cover the costs to the department of initially reviewing and annually licensing the solid waste management system."

Section 350. Section 75-10-405, MCA, is amended to read:

"75-10-405. Administrative rules. (1) The department may, subject to the provisions of 75-10-107, adopt, amend, or repeal rules governing hazardous waste and used oil, including but not limited to the following:

(a) identification and classification of those hazardous wastes subject to regulation and those that are not;

(b) requirements for the proper treatment, storage, transportation, and disposal of hazardous waste;

(c) requirements for siting, design, operation, maintenance, monitoring, inspection, closure, postclosure, and reclamation of hazardous waste management facilities;

(d) requirements for the issuance, denial, reissuance, modification, and revocation of permits for hazardous waste management facilities;

(e) requirements for corrective action within and outside facility boundaries and for financial assurance of that corrective action;

(f) requirements for manifests and the manifest system for tracking hazardous waste and for reporting and recordkeeping by generators, transporters, and owners and operators of hazardous waste management facilities;

(g) requirements for training of facility personnel, for financial assurance of facility owners and operators, and for liability of guarantors providing financial assurance;

(h) requirements for registration of generators and transporters;

(i) establishing a schedule of fees, in effect on November 3, 1998, and procedures for the collection of fees for:

(i) the filing and review of hazardous waste management facility permits as provided in 75-10-432;

(ii) hazardous waste management as provided in 75-10-433;

(iii) the reissuance and modification of hazardous waste management facility permits; and

(iv) the registration of hazardous waste generators;

(j) a schedule of fees, in effect on November 3, 1998, to defray a portion of the costs of establishing, operating, and maintaining any state hazardous waste management facility authorized by 75-10-412;

(k) requirements for availability to the public of information obtained by the department regarding facilities and sites used for the treatment, storage, and disposal of hazardous wastes;

(l) procedures for the assessment of administrative penalties as authorized by 75-10-424;

(m) identification and classification of used oil that is subject to regulation and used oil that is not subject to regulation;

(n) requirements for the proper management of used oil; and

(o) other rules that are necessary to obtain and maintain authorization under the federal program.

(2) Notwithstanding the provisions of 75-10-107, the department may not adopt rules under this part that are more restrictive than those promulgated by the federal government under the Resource Conservation and Recovery Act of 1976, as amended, except that the department:

(a) may require the registration of transporters not otherwise required to register with the state of Montana pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended;

(b) may require hazardous waste generators and hazardous waste management facilities to report on an annual rather than on a biennial basis;

(d) shall require the owner or manager of any proposed commercial facility for the storage, collection, or transfer of hazardous waste to conduct a public hearing, as provided for in 75-10-441; and

(e) may adopt rules and performance standards for industrial furnaces and boilers that burn hazardous wastes. The rules and performance standards:

(i) may be adopted if there are no federal regulations; or

(ii) may be more restrictive than federal regulations."

Section 351. Section 75-10-412, MCA, is amended to read:

"75-10-412. State hazardous waste management facilities. (1) The department may:

(a) if it considers ~~such~~ the action to be necessary, establish, maintain, and operate state hazardous waste management facilities to provide for the treatment, storage, or disposal of hazardous wastes;

(b) acquire interests in real property by gift, purchase, lease, or other means in order to develop ~~any such~~ a facility;

(d) collect reasonable fees, in effect on November 3, 1998, to defray a portion of the costs of establishing, maintaining, and operating the facility.

(2) A state facility ~~must~~ shall meet all applicable requirements for a hazardous waste management facility under this part."

Section 352. Section 75-10-432, MCA, is amended to read:

"75-10-432. Hazardous waste management facility filing and review fees. (1) The department may ~~establish and~~ collect fees, in effect on November 3, 1998, for the filing and review of hazardous waste management facility permits. The fees must be based upon the following schedule:

(a) for class I facilities, a maximum fee of $150,000, payable as follows:

(i) a nonrefundable payment of $50,000 due when an applicant files for a permit;

(ii) a payment of $50,000 due when the department notifies the applicant that the application is complete; and

(iii) an additional payment of up to $50,000 for the portion of the department's actual costs of review that exceed $100,000. This payment is due 30 days after the department's final decision on the application.

(b) for class II facilities, a maximum fee of $90,000, payable as follows:

(i) a nonrefundable payment of $40,000 due when an applicant files for a permit; and

(ii) an additional payment of up to $50,000 for the portion of the department's actual costs of review that exceed $40,000. This payment is due 30 days after the department's final decision on the application.

(i) a nonrefundable payment of $10,000 due when an applicant files for a permit; and

(ii) an additional payment of up to $15,000 for the portion of the department's actual costs of review that exceed $10,000. This payment is due 30 days after the department's final decision on the application.

(2) If, after receipt of the payment required in subsection (1)(a)(ii), the applicant notifies the department in writing of its intent to withdraw the application, the department shall return to the applicant any portion of the payment received pursuant to subsection (1)(a)(ii) in excess of the department's actual costs of permit review.

(3) The department shall deposit all fees collected pursuant to this section into an account in the state special revenue fund as provided in 75-10-434."

Section 353. Section 75-10-906, MCA, is amended to read:

"75-10-906. Adoption of rules by board. The board may adopt rules implementing the certification provisions of 75-10-901 through 75-10-945, including rules regarding the filing and contents of the application, proof of service and notice requirements, environmental factors to be evaluated, filing fee in effect on November 3, 1998, hearings process, and other components of the certificate and certification process that the board considers necessary."

Section 354. Section 75-10-921, MCA, is amended to read:

"75-10-921. Filing fee -- accountability -- refund -- use. (1) (a) The applicant shall pay to the department a filing fee as provided in this section and in effect on November 3, 1998, based upon the department's estimated costs of processing the application for a certificate. The filing fee must be deposited in the solid waste management account for the use of the department in administering 75-10-901 through 75-10-945. The initial filing fee may not exceed the following scale based upon the megalandfill's projected annual tonnage of waste:

(i) a base fee of $40,000; plus

(ii) 20 cents ~~per~~ a ton for every ton of waste over 200,000 tons for a new or existing megalandfill or facility not subject to 75-10-903(6)(b); or

(iii) 20 cents ~~per~~ a ton of waste over 300,000 tons for an existing megalandfill or facility pursuant to 75-10-903(6)(b).

(b) The department may allow a credit against the fee payable under this section for the applicant's costs of developing information or providing services required under 75-10-901 through 75-10-945 or required for preparation of an environmental impact statement under the Montana Environmental Policy Act, Title 75, chapter 1, part 1, or the National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq. The applicant may submit the information or a description of the services performed to the department, together with an accounting of the expenses incurred in preparing the information or performing the services. The department shall evaluate the applicability, validity, and usefulness of the data or services and determine the expenses that may be credited against the filing fee payable under this section. Upon 30 days' notice to the applicant, this credit may at any time be reduced if the department determines that the amount to be credited is necessary to carry out its responsibilities under 75-10-901 through 75-10-945.

(2) (a) The department may contract with an applicant after the filing of a formal application for the development of information or the provision of services required under 75-10-901 through 75-10-945. The contract may continue an agreement entered into pursuant to 75-10-908. Payments made to the department under a contract must be credited against the fee payable under this section. ~~The revenue derived from the filing fee must be sufficient to enable the department and the board to carry out their responsibilities under 75-10-901 through 75-10-945.~~ The department may amend a contract to require additional payments for necessary expenses up to the limits set forth in subsection (1)(a) upon 30 days' notice to the applicant. The department and applicant may enter into a contract that exceeds the scale provided in subsection (1)(a).

(b) If a contract is not entered into, the applicant shall pay the filing fee in installments in accordance with a schedule of installments developed by the department;. ~~however~~ However, an installment may not exceed 20% of the total filing fee provided for in subsection (1).

(3) The applicant is entitled to an accounting of money spent and to a refund with interest at the rate of 6% a year of the portion of the filing fee not spent by the department in carrying out its responsibilities under 75-10-901 through 75-10-945. A refund must be made after all administrative and judicial remedies have been exhausted by all parties to the certification proceedings.

(4) The revenue derived from the filing fees must be used by the department in compiling the information required for rendering a decision on a certificate and for carrying out other responsibilities of the department and the board under 75-10-901 through 75-10-945."

Section 355. Section 75-10-1006, MCA, is amended to read:

"75-10-1006. Licensing and regulation -- rulemaking authority. (1) A board or department of the state that licenses a profession, occupation, or health care facility that generates infectious waste shall require each licensee to comply with this part as a condition of licensure. The board or department shall adopt rules to implement this part and may ~~impose and adjust~~ collect annual fees ~~commensurate with the costs of regulation~~ in effect on November 3, 1998.

(2) A profession, occupation, or health care facility that generates or transports infectious waste or that operates treatment, storage, or disposal facilities regulated by this part that is not already licensed by a board or department under subsection (1) ~~must~~ shall obtain a permit annually from the department. The department shall adopt rules to implement this part and may ~~establish~~ collect an annual fee ~~commensurate with the costs of regulation~~ in effect on November 3, 1998. Fees collected under the provisions of this part must be deposited in the solid waste management account established in 75-10-117."

Section 356. Section 75-11-204, MCA, is amended to read:

"75-11-204. Rulemaking authority. The department may adopt rules governing the installation and closure of underground storage tank systems. Rules may include but are not limited to the following:

(1) the requirements for issuance, denial, renewal, modification, suspension, and revocation of permits for the installation and closure of underground storage tank systems;

(2) the requirements for issuance, denial, renewal, modification, suspension, and revocation of licenses for underground storage tank system installers;

(3) the requirements for examination and training of underground storage tank system installers;

(4) the requirements for qualifications of inspectors, use of inspectors, and methods for conducting an inspection;

(5) a schedule of fees, in effect on November 3, 1998, for obtaining licenses and license renewals by underground storage tank system installers;

(6) a schedule of fees, in effect on November 3, 1998, for the review of applications for underground storage tank system permits;

(7) a schedule of fees, in effect on November 3, 1998, for inspection of installations or closures; and

(8) the mechanism for remittance of inspection or permitting fees to local governments."

Section 357. Section 75-11-505, MCA, is amended to read:

"75-11-505. Administrative rules. The department may adopt, amend, or repeal rules for the prevention and correction of leakage from underground storage tanks, including:

(1) reporting by owners and operators;

(2) financial responsibility;

(3) release detection, prevention, and corrective action;

(4) standards for design, construction, installation, and closure;

(5) development of a schedule of fees, in effect on November 3, 1998, not to exceed $50 for a tank over 1,100 gallons and not to exceed $20 for a tank 1,100 gallons or less, per tank, for tank notification and permits to defray state and local costs of implementing an underground storage tank program;

(6) a penalty schedule and a system for assessment of administrative penalties, notice, and appeals under 75-11-525; and

(7) delegation of authority and funds to local agents for inspections and implementation. The delegation of authority to local agents must complement and may not duplicate existing authority for implementation of rules adopted by the department of justice that relate to underground storage tanks."

Section 358. Section 75-15-122, MCA, is amended to read:

"75-15-122. Permits required -- identification tags -- preexisting structures -- fees. (1) (a) A sign authorized by 75-15-111(1)(a), (1)(d), and (1)(e) may not be constructed or maintained without a permit. Applications for permits must be made to the department on forms furnished by it. The department shall require reasonable information to be furnished, including a statement that the owner or occupant of the land has consented to the erection or maintenance of the sign on the land. A permit must be obtained for each sign, and the application for the permit must be accompanied by a nonrefundable, initial fee in effect on November 3, 1998.

(b) Permits must be issued for 3 years, assigned a permit number, and renewed every 3 years after issuance upon payment of a fee without the filing of a new application. All fees received must be paid into the highway account in the state special revenue fund.

(c) The fees described in subsections (1)(a) and (1)(b) are to be determined by the square footage of the sign face and established, by rule, by the commission to cover the costs of administering and enforcing this section.

(2) The department shall issue with each new permit a permanent identification tag not larger than 36 square inches that must be affixed to the sign in a position readily visible from the highway.

(3) Notwithstanding the foregoing provisions of this section, the department shall issue permits and identification tags upon application and payment of the requisite fee for a structure lawfully in existence on June 23, 1971, and the permits must be renewed for a period of time as is prescribed in this section unless the structure is removed for improper maintenance.

(4) Notwithstanding the foregoing provisions of this section, the department shall issue permits and identification tags upon application and payment of the requisite fee for outdoor advertising lawfully in existence on June 23, 1971, and made nonconforming by virtue of 75-15-111(3), and the permits must be renewed for a period of time as is prescribed in this section unless the structure is removed for improper maintenance."

Section 359. Section 76-2-108, MCA, is amended to read:

"76-2-108. Permits authorized. The planning and zoning commission ~~hereby is empowered to~~ may authorize and provide for the issuance of permits as a prerequisite to construction, alteration, or enlargement of any building or structure otherwise subject to the provisions of this part and may, subject to Article VIII, section 17, of the Montana constitution, establish and collect reasonable fees ~~therefor~~. The fees so collected ~~are to go to~~ must be deposited in the general fund of the county."

Section 360. Section 76-2-207, MCA, is amended to read:

"76-2-207. Permits authorized. The board of county commissioners may provide for the issuance of location or conformance permits and may, subject to Article VIII, section 17, of the Montana constitution, collect a fee for each ~~such~~ permit. The ~~proceeds of such~~ fees ~~shall~~ must be deposited in the general fund of the county."

Section 361. Section 76-4-105, MCA, is amended to read:

"76-4-105. Lot fees -- subdivision program funding. (1) The department shall adopt rules, in effect on November 3, 1998, setting forth fees ~~that do not exceed actual costs to the department in~~ for reviewing plats and subdivisions. The rules must provide for a schedule of fees to be paid by the applicant for plat or subdivision review to the department for deposit in the state special revenue fund or, if applicable, to another reviewing authority for deposit in the general fund of the reviewing authority's jurisdiction. The fees must be used for review of plats and subdivisions based on the complexity of the subdivision, including but not limited to:

(a) number of lots in the subdivision;

(b) the type of water system to serve the development;

(d) the degree of environmental research necessary to supplement the review procedure.

(2) The department shall adopt rules to determine the distribution of fees to the local governing body, as provided in 76-4-128.

(3) A fee as described in this section is not required for the review of subdivisions in which divisions are made for the purpose of relocating common boundary lines unless the division will result in the installation of additional water supply or sewage disposal facilities.

(4) Fees collected by the department under this section must be deposited in the account in the state special revenue fund provided for in 76-4-132."

Section 362. Section 76-4-135, MCA, is amended to read:

"76-4-135. State regulations no more stringent than federal regulations or guidelines. (1) ~~After April 14, 1995, except~~ Except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.

(a) the proposed state standard or requirement protects public health or the environment of the state; and

(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.

(4) (a) A person affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either by revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee, in effect on November 3, 1998, in an amount not to exceed $250.

(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1)."

Section 363. Section 76-5-1113, MCA, is amended to read:

"76-5-1113. Special assessments for operation and maintenance authorized. (1) ~~Any~~ Subject to Article VIII, section 17, of the Montana constitution, any city, town, or county that ~~shall establish~~ establishes a water conservation or flood control system, or both, pursuant to this part may for the purpose of providing funds for the operation and maintenance ~~thereof~~ of the system levy an annual special assessment against all real property in the area benefiting from ~~such~~ the system.

(2) ~~Such~~ The special assessments for the operation and maintenance of any system authorized by this part ~~shall~~ must be levied as are other special improvement levies as required by law."

Section 364. Section 76-5-1114, MCA, is amended to read:

"76-5-1114. Determination of assessment. (1) ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the special assessment ~~shall~~ must be:

(a) levied against each lot or parcel of land in the benefited area for that portion of the money required ~~which~~ that its area bears to the total area of all of the lands to be assessed; or

(b) at the option of the governing body of the city, town, or county, ~~as the case may be,~~ based upon the taxable valuation, as stated in the ~~last completed~~ last-completed county assessment roll, of the lots or parcels of land, exclusive of improvements ~~thereon~~, within ~~said~~ the benefited area;. ~~in which case each~~ Each lot or parcel of land to be assessed ~~shall~~ must be assessed with that part of the amount of money required ~~which~~ that its taxable valuation bears to the total taxable valuation of all of the lands to be assessed.

(2) However, ~~where~~ when the benefited area lies in more than one county or lies both within a county and also a city or town, the same method of assessment ~~shall~~ must be used for each governing body."

Section 365. Section 76-5-1115, MCA, is amended to read:

"76-5-1115. Fees and charges authorized. ~~Cities~~ Subject to Article VIII, section 17, of the Montana constitution, cities, towns, and counties may for the purpose of providing funds for the operation and maintenance of completed projects fix, maintain, and collect fees, rents, tolls, and other charges for services rendered or facilities provided."

Section 366. Section 76-5-1116, MCA, is amended to read:

"76-5-1116. Determination of fees and charges. (1) In fixing ~~such~~ the rate, fee, toll, or rent for water furnished for household use, domestic use, irrigation use, industrial use, and municipal use and for water used for streamflow stabilization, the governing body shall, subject to Article VIII, section 17, of the Montana constitution, charge a fee sufficient to pay the proportionate share of the repairs, maintenance, and operating expenses as such use bears in economic value to the total economic value of the total use of ~~said~~ the facilities of the project or projects. The economic value is to be determined by the governing body.

(2) For the benefits received by areas within the boundaries of the project or projects for flood prevention, flood control, and pollution abatement, the governing body shall determine a reasonable valuation or charge, which valuation or charge ~~shall~~ must be certified by them to the county commissioners prior to the time general taxes are levied and assessed. ~~It shall be the obligation of~~ Subject to Article VIII, section 17, of the Montana constitution, the county commissioners to shall levy a special assessment, as provided for in 76-5-1113 and 76-5-1114, against ~~such~~ the area or areas sufficient to provide ~~revenues~~ revenue for the repairs, maintenance, and operating expenses of the project.

(3) For recreation use, the governing body shall first determine the share of the costs of operation, repairs, and depreciation to be charged against ~~such~~ uses and from this figure shall subtract the estimated amount of fees and tolls collected for ~~such~~ the uses. The deficiency, if any, ~~shall~~ must be certified to the county commissioners in the same way as the charges for flood prevention, flood control, etc., and subject to Article VIII, section 17, of the Montana constitution, special assessments ~~shall~~ must be levied by the county commissioners in the manner set out ~~herein~~ in this section."

Section 367. Section 76-13-414, MCA, is amended to read:

"76-13-414. Fees. (1) In addition to any bond, the department shall charge the contractor fees, in effect on November 3, 1998, for administration, inspections, and enforcement work conducted in the exercise of its duties under this part. The fees must be deposited in the state special revenue fund to the credit of the department.

(2) (a) The fee for a fire hazard reduction agreement is $25 and must be collected by the department upon issuance of the agreement.

(b) In addition, a fee of 60 cents for each 1,000 board feet (log scale) must be charged or an equivalent fee must be charged if products other than logs are cut. This fee must be withheld by the purchaser as provided in 76-13-409(2), except that any fee money withheld for product volumes exceeding 500,000 board feet per agreement in a calendar year must be returned to the contractor by the department.

(3) (a) The fee for master fire hazard reduction agreements must be equal to 100% of the department's actual costs incurred in the administration, inspection, and enforcement of each agreement, and the department shall bill the contractor annually to collect the fees.

(b) In addition, each contractor with a master fire hazard reduction agreement shall pay to the department 15 cents for each 1,000 board feet (log scale) or equivalent measure if forest products other than logs are cut. The assessment may not exceed $20,000 a year for each master fire hazard attachment. The full amount of this money must be deposited in the forestry extension service account provided for in 76-13-415.

(c) The fee required under subsection (3)(b) must be paid annually in conjunction with the fee paid under subsection (3)(a). The department may, in its discretion, conduct an audit to determine the volume of forest products harvested by a contractor. If the department conducts an audit, the contractor shall cooperate and make available to the department all requested records, inventories, and other information relevant to the audit."

Section 368. Section 76-15-501, MCA, is amended to read:

"76-15-501. Financial management. A conservation district and the supervisors ~~thereof shall have the power to~~ of the district may:

(1) borrow money and incur indebtedness and issue bonds or other evidence of ~~such~~ indebtedness;

(2) also refund or retire an indebtedness or lien that may exist against the district or property ~~thereof~~ of the district;

(3) subject to Article VIII, section 17, of the Montana constitution, fix and revise as necessary and collect rates, fees, tolls, rents, or other charges for the use of or for services, facilities, and materials furnished or provided, and ~~revenues~~ revenue from these sources may be expended in carrying out the purposes and provisions of this chapter;

(4) subject to Article VIII, section 17, of the Montana constitution, cause taxes to be levied in the same manner provided for in this part for the purpose of paying any obligation of the district and to accomplish the purposes of this chapter in the manner ~~herein~~ provided in this part;

(5) apply for and receive federal revenue sharing funds in order to carry out the purposes and provisions of this chapter;

(6) establish a conservation practice loan program as provided in this part."

Section 369. Section 76-16-106, MCA, is amended to read:

"76-16-106. Department fees. (1) The department may impose fees against the several state grazing districts of the state in an amount in effect on November 3, 1998, and not in excess of 15 cents per animal unit, based upon the number of animal units per year for which the district grants permits, to defray expenses incurred by the department in carrying out its powers and duties under this chapter.

(2) These fees ~~shall~~ must be held in the state special revenue fund to be expended by order and direction of the department for the administration of the department's functions under this chapter.

(3) If a state district fails or refuses to pay the fee on or before October 1 of each year and after the district is provided with a full report from the department of all money collected and expended by it for its fiscal year next preceding that date, the department may compel and levy collection and payment by writ of mandate or other appropriate remedy against the state district."

Section 370. Section 76-16-320, MCA, is amended to read:

"76-16-320. Maintenance of fences. (1) Regarding fences within the external boundaries of state districts, the cost of construction and maintenance of fence enclosing lands controlled by any member, nonmember, or state district within the external boundaries of ~~such~~ the state district ~~shall~~ must be borne by ~~such~~ the member, nonmember, or state district, unless otherwise provided for in the ~~duly approved~~ bylaws of ~~such~~ the state district.

(2) ~~In the event of the adoption of provisions to~~ Subject to Article VIII, section 17, of the Montana constitution, if the bylaws of a state district ~~whereby~~ provide that the cost of construction and maintenance of fence is to be distributed proportionately among the parties affected by ~~such~~ the cost of construction and maintenance of fence, the state district's proportionate share of ~~such~~ the costs ~~and maintenance shall~~ must be financed only by assessments levied by the state district against the permittee members of the district upon consent ~~thereto~~ by 55% of ~~such~~ the permittee members."

Section 371. Section 77-1-302, MCA, is amended to read:

"77-1-302. Setting fees. The department may prescribe fees, with the approval of the board and that are in effect on November 3, 1998, for the issuance, filing, or making of a copy of any instrument or for any other service."

Section 372. Section 80-3-314, MCA, is amended to read:

"80-3-314. Reporting requirements -- assessment fees -- exceptions. (1) Produce sold or distributed in this state must be reported, on forms approved by the department, and must be assessed a fee per produce unit or equivalent poundage. The fee amount ~~may be adjusted by rule~~ is the amount in effect on November 3, 1998, but must be at least 3 cents and not more than 7 cents per produce unit.

(2) The produce dealer who first distributes produce in this state or a grower who retails Montana-grown produce with gross annual sales exceeding $15,000 shall pay the produce assessment fee established in subsection (1). However, any produce dealer in possession of the produce may be held responsible for payment of the fee unless the grower has paid for a produce dealer license or has made available to the produce dealer a written form provided by the department stating that the assessment fees are being paid.

(3) The report and fees are due on or before the 30th day of the month following each calendar quarter.

(4) Payment of the produce assessment fee is not required on produce that is:

(a) grown and retailed in Montana by the grower if annual gross retail sales by the grower do not exceed $15,000;

(b) grown in this state, not packaged for market, and sold for resale by the grower;

(d) purchased from or distributed by a produce dealer licensed under 80-3-321 if the produce has been reported and the assessment fee has been paid."

Section 373. Section 80-3-315, MCA, is amended to read:

"80-3-315. Shipping point inspection -- fees. Produce graded and prepared for shipment is subject to a shipping point inspection by the department upon request;. ~~however~~ However, Montana-grown seed potatoes that are entered in the Montana seed certification program and prepared for shipment off the farm for planting purposes are subject to a shipping point inspection by the department. Inspection fees must be set by rule ~~and must be commensurate with the cost of providing the inspection~~ in effect on November 3, 1998."

Section 374. Section 80-4-503, MCA, is amended to read:

"80-4-503. Fees of department. (1) The department shall collect an annual warehouse operator license fee of $232 for each warehouse owned or operated by the warehouse operator.

(2) If, after evaluation of the commodity dealer/public warehouse operator program, the department determines that revenue from license fees is inadequate to accomplish the purposes of this chapter, the department may by rule in effect on November 3, 1998, increase the license fees, but the fee may not exceed $500 for a facility.

(3) The department shall collect a fee of $150 a day or fraction of a day for maintaining an employee of the department at a warehouse to supervise the correction of a deficiency.

(4) All license fees collected under subsection (1) and deficiency fees collected under subsection (3) must be deposited into the commodity dealer/public warehouse operators account."

Section 375. Section 80-4-602, MCA, is amended to read:

"80-4-602. License fees. (1) Except as provided in subsection (3), the department shall collect an annual fee of $232 per facility for each commodity dealer license.

(3) The license fee for a commodity dealer who is licensed as a seed dealer under 80-5-202(4) is $100 a year if the majority of the dealer's annual expenditures for agricultural commodities is for agricultural seed intended for resale as agricultural seed.

(4) All fees collected under this section must be placed in the commodity dealer/public warehouse operators account."

Section 376. Section 80-4-706, MCA, is amended to read:

"80-4-706. Special inspection of agricultural commodities. (1) If agricultural commodities are sold based on Montana grade and are to be shipped from places not provided with state inspection, the buyer, seller, or person making the delivery may have the agricultural commodities inspected by notifying an inspector, who ~~shall~~ must have them inspected. After inspection, the inspector shall issue, on request of the buyer, seller, or person delivering the agricultural commodity, an inspector's certificate showing the grade of the agricultural commodity. The person calling for the inspection shall pay a reasonable fee fixed by department rule in effect on November 3, 1998.

(2) An agricultural commodity that is shipped to points in this state where no inspection is maintained may be inspected on request of either the buyer or seller, and a certificate may be issued showing the grade of the agricultural commodity. The charge for the service must at least equal to the entire cost of providing it and must be paid by the party calling for the inspection."

Section 377. Section 80-4-721, MCA, is amended to read:

"80-4-721. Fees for inspection, testing, and weighing agricultural commodities -- disposition -- investment. (1) The department shall by rule in effect on November 3, 1998, fix the fees for inspection, testing, and weighing of agricultural commodities.

(2) All fees and other charges fixed by rule, including fees for the inspection, grading, weighing, and protein testing of agricultural commodities, must reflect as nearly as possible the actual cost of the services.

(3) All those fees and charges must be paid to the department and deposited with the state treasurer. The state treasurer shall place all money in the state special revenue fund. Fees deposited in the state special revenue fund must be used to pay approved claims for expenses incurred in inspecting, grading, weighing, and protein testing of agricultural commodities.

(4) The department may direct the board of investments to invest funds from the state special revenue fund pursuant to the provisions of the unified investment program for state funds. The income from the investments must be credited to the proper department account in the state special revenue fund."

Section 378. Section 80-5-202, MCA, is amended to read:

"80-5-202. Licensing -- application -- fee. (1) All seed conditioning plants shall obtain a license from the department for each plant before doing business in this state;. ~~however~~ However, a seed grower, when conditioning seed from ~~his~~ the grower's own production, is not required to be licensed under this part.

(2) Each conditioning plant ~~must~~ shall post in a conspicuous location in the facility:

(a) its fees for conditioning services; and

(b) the license designation for the facility.

(3) All seed labelers and growers who label or affix written claims to their seed shall obtain a license from the department before doing business in Montana. The following persons, however, are excluded from the licensing requirements under this subsection:

(a) a Montana certified seed grower when labeling certified seed from ~~his~~ the grower's own production; and

(b) any person who updates germination test data by affixing to the package of seed a supplemental label bearing new germination data, the lot number, and ~~his~~ the person's name and address.

(4) A person may not sell or distribute seed in Montana without obtaining a seed dealer's license from the department for each place where seed is located, except for:

(a) a person who distributes seed only in sealed packages of 10 pounds or less that are properly labeled;

(b) a Montana certified seed grower when selling certified seed from ~~his~~ the grower's own production; and

(5) Each person selling seed from a location other than the licensed place must be listed on the application for a license.

(6) The department shall set by rule the period for which a license is issued under this section.

(7) The department may establish by rule minimum standards for equipment and handling procedures for facilities to be licensed.

(8) Each license ~~shall~~ must cost no more than $50 a year. The fee must include the cost of application for a license and must be nonrefundable. The department may by rule in effect on November 3, 1998, establish license fees ~~which~~ that bear a reasonable relationship to the cost of administering this part.

(9) An application for a license under this section must be made in a manner and on forms provided by the department. The application must contain, among other things:

(a) the location of each seed conditioning plant if the application is for a seed conditioning plant license;

(b) a sample label if the application is for a seed labeler license; and

(10) Seed dealers shall provide with all shipments of seed a bill of lading or other evidence of delivery that includes:

(a) the names of:

(i) the seller;

(ii) the shipper, if other than the seller;

(iii) the buyer; and

(iv) the receiver, if other than the buyer; and

(b) the destination where the seed will be first unloaded."

Section 379. Section 80-6-202, MCA, is amended to read:

"80-6-202. Inspection of bees or used beekeeping equipment transported interstate. (1) A person may not transport or bring into the state bees or used beekeeping equipment or containers, including honey to be extracted, unless under a compliance agreement or certified and ~~duly~~ marked as being apparently pest- and disease-free by an official responsible for apiary regulations of the state from which they are being moved. The department must be advised in advance of the date of entry and the destination of the bees or material. Used equipment or bees transported into the state may be quarantined by the department, in accordance with 80-6-201(1)(c), from the time they enter the state until they have been inspected and found to be apparently free of pests and diseases or until they have been in use while under quarantine for a minimum of 90 days and at least until the following July 1. The beekeeping materials are also subject to quarantine as provided in this section. The department may also inspect and certify as being apparently pest- and disease-free bees or beekeeping equipment to be transported from Montana to a state that requires an inspection in the state of origin.

(2) (a) The costs of making the inspections provided for in subsection (1) must be paid in advance by the owner of the bees or equipment.

(b) Inspection fees for persons without a valid Montana compliance agreement must include:

(i) per diem pursuant to Title 2, chapter 18, part 5;

(ii) necessary traveling expenses;

(iii) an hourly rate established by department rule in effect on November 3, 1998; and

(iv) a fee of $50 for the issuance of a certificate of health.

(c) Persons transporting bees interstate with a valid Montana compliance agreement shall pay inspection fees that include:

(i) per diem pursuant to Title 2, chapter 18, part 5;

(ii) necessary traveling expenses; and

(iii) a fee of $50 for the issuance of a certificate of health.

(d) If inspection by an official of any other state is considered insufficient for the protection of the Montana bee industry by the department, the department shall so state by public statement. Importation of bees or beekeeping materials, including honey for extracting, from that other state must be denied unless the materials, bees, or honey is first inspected by the department and there is obtained from it a certificate of inspection showing that the materials, bees, or honey is apparently free from pests and contagious or infectious disease. The costs of making the inspection must be paid by the person requesting it, and inspection may be made at any point outside this state convenient to the person making the inspection. The department may require that the costs of making the inspection be paid in advance, and the costs must include:

(i) per diem pursuant to Title 2, chapter 18, part 5;

(ii) necessary traveling expenses;

(iii) an hourly rate established by department rule in effect on November 3, 1998; and

(iv) a fee of $50 for the issuance of the certificate of inspection."

Section 380. Section 80-6-1105, MCA, is amended to read:

"80-6-1105. Alfalfa leaf-cutting bees -- certification. (1) A person possessing or controlling alfalfa leaf-cutting bees in the state of Montana may annually certify all or part of ~~his~~ the person's bees as provided in this section.

(2) To certify bees, a person ~~must~~ shall file a completed application form provided by the department, together with a fee set by rule in effect on November 3, 1998. The applicant ~~must~~ shall provide the following:

(a) the name and place of residence;

(b) the general location and number of bees to be certified; and

(3) After receipt of an application for certification, a sample of the total population of bees to be certified ~~shall~~ must be selected by the committee or its agent in a manner prescribed by the committee. The sample ~~shall~~ must be analyzed for pathogens, parasites, predators, nest destroyers, and live larvae count. If certification standards are met, the sample ~~shall~~ must be certified.

(4) All bees to be certified may be stored in containers ~~which~~ that can be officially sealed after sampling to maintain their certification identity.

(5) When the committee has in its possession a completed application form, an appropriate fee, and a report that the sample meets certification standards, it may issue a certificate for the bees.

(6) The committee shall by rule specify the date by which ~~any~~ an applicant ~~must~~ shall apply for recertification the following year."

Section 381. Section 80-6-1108, MCA, is amended to read:

"80-6-1108. Restrictions on rearing, moving, and trapping of bees and movement of equipment. (1) A person may not wild trap within 1 mile of registered bees without the written permission of the registrant.

(2) A person may not move any quarantined bee or equipment except by special permit issued by the committee.

(3) A person may not wild trap or attempt to wild trap bees unless that person has been issued a permit for that activity in accordance with rules adopted by the committee. The committee shall by rule in effect on November 3, 1998, establish the permit fee."

Section 382. Section 80-6-1109, MCA, is amended to read:

"80-6-1109. Fees to be set by rule -- self-supporting program -- enterprise fund established. (1) Fees authorized to be charged by this part must be set by committee rule in effect on November 3, 1998. The fees must be designed to reimburse the committee for costs incurred in providing services and carrying out its duties under this part. It is the intent of the legislature that committee activities under this part be self-supporting.

(2) There is an enterprise fund known as the leaf-cutting bee fund for use by the committee. Fees collected under this part must be paid into the leaf-cutting bee fund.

(3) The committee may direct the board of investments to invest money from the fund pursuant to the provisions of the unified investment program. The income from ~~such~~ the investments must be credited to the leaf-cutting bee fund."

Section 383. Section 80-6-1111, MCA, is amended to read:

"80-6-1111. Alfalfa leaf-cutting bees -- registration. (1) A person may not possess or control alfalfa leaf-cutting bees in this state unless the bees are registered as provided in this section.

(2) To register bees, a person shall file a completed application form provided by the department, together with the registration fee set by rule in effect on November 3, 1998. The applicant shall provide the following:

(a) the name and place of residence;

(b) the general location of bees to be registered; and

(3) A registration is continuous until the registrant notifies the committee of cancellation."

Section 384. Section 80-6-1112, MCA, is amended to read:

"80-6-1112. Funding limitation. (1) The committee shall expend only those funds ~~which~~ that are raised by fees under this part. In the event that funds are insufficient to finance the costs of services under this part, the committee may reduce services accordingly.

(2) The committee may contract lab services with a qualified person and charge growers at cost on a per-sample basis.

(3) The committee may levy a fee set by committee rule in effect on November 3, 1998, not to exceed 30 cents for each 3,000 holes of nesting material deeper than 3 1/2 inches for the purpose of administering this part and for the sampling and testing of bees. For nesting material 3 1/2 inches deep or less, the fee may not exceed 16 cents per 2,000 holes of nesting material.

(4) ~~Fees must be based on all nesting materials that are in field use on July 15 of each year.~~ Fees are due on November 1 of each year.

(5) The amount of fees paid must be credited against a grower's cost of sampling and certification.

(6) Certification fees for drilled boards or loose cells may not exceed committee cost."

Section 385. Section 80-7-106, MCA, is amended to read:

"80-7-106. License required -- application and payment of license fee. (1) A firm engaging in the business of selling or distributing nursery stock in this state shall obtain a license for each nursery from the department.

(2) The license must be in the name of the firm seeking the license and expires on the anniversary date established by rule by the board of review established in 30-16-302. The applicant shall provide information that the department finds necessary to carry out the provisions and purposes of this chapter and in the form determined by rule by the board of review established in 30-16-302.

(3) (a) A nursery that earns less than $1,000 in gross annual sales of nursery stock and that submits a notarized affidavit to that effect to the department is exempt from licensing.

(b) A nursery that earns $1,000 but less than $3,000 in gross annual sales of nursery stock and that submits a notarized affidavit to that effect to the department shall pay a license fee of $30.

(4) A new applicant or a firm failing to renew a license on or before the annual anniversary date provided for in subsection (2) shall pay an additional nonrefundable application fee of $25 for each license.

(5) An out-of-state firm that imports nursery stock into Montana for resale by a licensed Montana nursery is not required to obtain a license if the firm is licensed in the state of origin of the nursery stock and if that state extends a similar exemption to Montana firms.

(6) If the department determines that the revenue from the license fee is inadequate to accomplish the purposes of this chapter, the department may by rule in effect on November 3, 1998, increase the fee.

(7) The fees required by the provisions of this section may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party."

Section 386. Section 80-7-702, MCA, is amended to read:

"80-7-702. Rulemaking authority. The department of agriculture shall adopt all necessary rules for the regulation of the importation or sale of materials as provided in 80-7-701. The department in adopting the rules may provide for the establishment of inspection stations, the appointment of inspectors, the establishment of the inspection fees in effect on November 3, 1998, the issuance of certificates, the methods of transporting and packaging, the regulation of nursery stock commerce, and other rules and procedures necessary to carry out 80-7-701 through 80-7-704."

Section 387. Section 80-7-905, MCA, is amended to read:

"80-7-905. Powers and duties of department. The department may:

(1) provide for administration and enforcement of this part;

(2) enter into contracts and agreements;

(3) authorize the purchase of all office equipment or supplies and incur all other reasonable and necessary expenses and obligations that are required for administering the provisions of this part;

(4) become a member of and purchase membership in trade organizations and subscribe to and purchase trade bulletins, journals, and other trade publications;

(5) plan and conduct publicity and promotional campaigns to increase the incentives to use Montana forage that is free of noxious weed seed and to make publicity and promotional contracts and other agreements as necessary;

(6) establish certification standards and processes for forage and byproducts of forage and determine if processed forage byproducts are noxious weed seed free, based upon field of origin or verification that the production process has destroyed the viability of noxious weed seeds;

(7) establish fee assessments, in effect on November 3, 1998, and accept other funds to make the certification program financially self-supporting;

(8) establish a standard range of variances or tolerances for noxious weed seeds in different forage subject to certification as noxious weed seed free, based upon scientific and operational considerations;

(9) administer rules and orders to be adopted for the exercise of its power and the performance of its duties, in accordance with Title 2, chapter 4;

(10) cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or the United States government, and enter into contracts or agreements with organizations or agencies for carrying on a joint campaign of research, education, product protection, publicity, reciprocity, and enforcement of this part;

(11) hire employees and designate authorized agents to conduct certification inspections, investigations, and sampling and to collect evidence of possible violations of this part; and

(12) accept grants, donations, and gifts from any source and expend those funds for any purpose consistent with this part, which may be specified as a condition of any grant, donation, or gift."

Section 388. Section 80-7-906, MCA, is amended to read:

"80-7-906. Certification. (1) A person shall make an annual application to the department for certifying forage. The person shall comply with all certification standards and processes and pay any required fees, in effect on November 3, 1998, prior to receiving certification approval and identification markers for the forage. If a production tonnage fee is established, the department may establish the method and time of payment.

(2) A person who wishes to deliver forage as noxious weed seed free into this state from out of state shall notify the department and pay any application fee or other appropriate fee, including an inspection fee, if required, prior to delivering the forage. The forage must be certified as noxious weed seed free from the state or province of origin if the department approves the certification through a reciprocal agreement or other process approved by the department. The department may waive some certification documentation or fees based upon the provisions in a reciprocal agreement."

Section 389. Section 80-7-907, MCA, is amended to read:

"80-7-907. Fees. (1) The department, with the advice of the advisory council, may establish fees, in effect on November 3, 1998, to support the cost of administering the noxious weed seed free forage program. Fees may be established for:

(a) processing applications;

(b) per acre inspection of forage;

(d) minimum administration;

(e) inspection related to processing or manufacturing forage into pellets, cubes, and related products;

(f) certification identification markers;

(g) mileage and per diem; and

(h) import inspection.

(2) Fees, structures, and procedures must be recommended to the department by the advisory council."

Section 390. Section 80-7-909, MCA, is amended to read:

"80-7-909. Rules. The department may, with the advice of the advisory council appointed under 80-7-904, adopt rules necessary to carry out its responsibilities under this part in accordance with Title 2, chapter 4. The rules may include but are not limited to:

(1) contracts and agreements;

(2) certification standards, processing, and sampling and equipment standards and operation;

(3) inspections and investigation procedures and standards;

(4) operations;

(5) records;

(6) application, inspection, production, import, certification identification, mileage, and per diem fees, in effect on November 3, 1998, and their collection;

(7) reciprocal agreements with other states or Canadian provinces; and

(8) penalties, stop sales, condemnation, and other orders."

Section 391. Section 80-8-105, MCA, is amended to read:

"80-8-105. Rules. (1) The department may adopt by reference without a public hearing regulations adopted under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. The department may, after a public hearing, adopt all rules necessary to carry out this chapter.

(2) The rules may prescribe methods of:

(a) registration, suspension or cancellation of registration, application, use or restricting use, prohibiting use, and offering or exposing for sale of any pesticide;

(b) determining whether pesticides are highly toxic to humans;

(c) determining standards of coloring or discoloring for pesticides and subjecting pesticides to the requirements of 80-8-202;

(d) licensing commercial applicators, operators, and dealers, establishing methods of recordkeeping for applicators, operators, and dealers, and providing for the review of the records by the department's authorized agent and the submission of the records to the department upon written request;

(e) issuing farm applicator special-use permits and the maintenance and submission of records by farm applicators issued special-use permits;

(f) collection, examination, and standard deviation from guarantee analysis and umpire analysis of pesticides and devices;

(g) operating and maintaining equipment used by applicators;

(h) developing examinations, which must be held periodically throughout the state;

(i) establishing the form and content of all applications for licenses and permits;

(j) designating pesticides that may be sold at retail for home, yard, garden, and lawn use. The department may also limit retail sale of pesticides, up to a specific number of pounds or gallons and concentration ~~which~~ that would be sublethal to humans and animals if small amounts of it were accidentally swallowed, inhaled, sprayed, or dusted on the skin.

(k) revoking licenses and permits;

(l) registering or controlling any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent with or without toxic properties of its own intended to be used with any other pesticide as an aid to the application or effect of that other pesticide, whether or not distributed in a package or container separate from that of a pesticide with which it is to be used;

(m) registering pesticide-fertilizer and other chemical blends or, instead of registration, establishing licensing, inspection, and fees, in effect on November 3, 1998, for blending plants;

(n) establishing registration procedures for devices, with a fee not to exceed $5 per type of device, specifying classes of devices to be registered and providing for additional requirements;

(o) imposing conditions for renewal of dealer, applicator, and operator licenses and permits, including requalification training;

(p) establishing procedures for implementing and administering the civil penalties under 80-8-306;

(q) establishing fees, in effect on November 3, 1998, for training courses and materials;

(r) establishing standards and procedures for administering a waste pesticide and pesticide container collection, disposal, and recycling program;

(s) establishing special fees, in effect on November 3, 1998, on waste pesticides or pesticide containers collected under the waste pesticide and pesticide container collection, disposal, and recycling program. These fees may be based upon volume, type, classification, or other characteristics of a pesticide or a pesticide container and may include a credit for pesticide applicator, dealer, or operator license or permit fees.

(t) establishing standards for pesticide storage, pesticide mixing or loading sites, and bulk pesticide facilities.

(3) (a) Consistent with the provisions of Title 80, chapter 15, whenever the department finds that rules are necessary to carry out the purposes and intent of this chapter, the rules may relate to the time, place, manner, and method of registration, suspension or cancellation of registration, application, or selling of the pesticides, may restrict or prohibit use of pesticides in the state or in designated areas during specified periods of time, and must encompass all reasonable factors that the department considers necessary to prevent damage or injury to:

(i) persons, animals, crops, or pollinating insects from the effect of drift or careless application;

(ii) the environment;

(iii) plants, including forage plants;

(iv) wildlife;

(v) fish and other aquatic life.

(b) In issuing the rules, the department shall give consideration to pertinent research findings and recommendations of other agencies of this state or of the federal government.

(4) If the department finds that an emergency exists ~~which~~ that requires immediate action with regard to the registration, use, or application of pesticides, the department may, without notice or hearing, issue necessary orders or rules to protect the public health, welfare, and safety. An order or rule issued under this subsection is effective for the period prescribed by the Montana Administrative Procedure Act. If the department determines that the emergency order or rule should remain in effect, a public hearing under 80-8-106 must be held within the ~~above~~ period specified in this subsection to determine whether the order or rule should be adopted by the department.

(5) All rules and orders issued by the department must be made in writing and must be available at the department for public inspection. Except for orders establishing or changing rules of practice and procedure, all orders made and published by the department must include and be based upon written findings of fact. A copy of any rule or order certified by the department must be received in evidence in all courts of this state with the same effect as the original. (Subsections (2)(r) and (2)(s) terminate June 30, 1999--sec. 14, Ch. 465, L. 1993.)"

Section 392. Section 80-8-109, MCA, is amended to read:

"80-8-109. Educational programs. (1) The department shall develop and conduct appropriate educational programs. The educational programs ~~shall~~ must inform those individuals dealing in and applying pesticides as to correct methods of formulating, applying, storing, disposing of, handling, and transporting pesticides.

(2) In developing and administering ~~such~~ the programs, the department may consult other state and federal agencies and private industry, as well as ~~such~~ other persons whom it considers necessary, and may charge a fee, in effect on November 3, 1998, for the programs ~~commensurate with their administration costs~~. The fee may not include the salary or travel expenses of any employee of a state agency or of the Montana cooperative extension service.

(3) All fees collected pursuant to this section must be deposited in the state treasury to the credit of the state special revenue fund and must be spent for the purposes set forth in this section."

Section 393. Section 80-8-111, MCA, is amended to read:

"80-8-111. (Temporary) Waste pesticide and pesticide container collection, disposal, and recycling program. (1) The department shall establish a waste pesticide and pesticide container collection, disposal, and recycling program. The program must be funded by license, permit, and special fees designated for that purpose in this chapter. The department may also establish waste pesticide and pesticide container fees, in effect on November 3, 1998, and accept grants, gifts, and other funds to finance this program.

(2) The department may cooperate and contract with a person to conduct and manage the waste pesticide and pesticide container collection, disposal, and recycling program.

(3) (a) The department shall establish a collection program for waste pesticides and pesticide containers. In order to participate in this program, a person shall:

(i) notify the department in advance of the type and amount of waste pesticide or pesticide containers that will be delivered for collection; and

(ii) deliver the waste pesticide or pesticide containers for collection by the department at a time and location designated by the department.

(b) A person may not be subject to an administrative or judicial penalty or action under this chapter as a result of participation in the waste pesticide or pesticide container collection, disposal, and recycling program pursuant to this section.

(4) The department may designate types of waste pesticides or pesticide containers that it will not collect for disposal and recycling under this program.

(5) The department shall provide pesticide applicators, dealers, and operators who participate in the waste pesticide and pesticide container collection, disposal, and recycling program and who are subject to a license or permit fee under 80-8-203, 80-8-205, 80-8-207, 80-8-209, or 80-8-213 with a credit against the fees levied pursuant to 80-8-105(2)(s), provided that:

(a) the credit does not exceed the amount of the license or permit fee paid by the applicator, dealer, or operator under 80-8-203, 80-8-205, 80-8-207, 80-8-209, or 80-8-213; and

(b) each applicator, dealer, or operator may receive only one credit for each permit or license period.

(6) The department shall consult affected local governments before implementing the collection program under this section. (Terminates June 30, 1999--sec. 14, Ch. 465, L. 1993.)

80-8-111. (Effective July 1, 1999) Voluntary waste pesticide reporting system -- proposed program -- pesticide information. (1) The department shall establish a voluntary reporting system to encourage pesticide applicators and other persons to report:

(a) the types and volume of waste pesticides in their possession; and

(b) the county where the waste pesticides are stored.

(2) The department shall inventory the waste pesticide information reported under subsection (1) and develop a proposed waste pesticide disposal program for consideration by the legislature.

(3) All waste pesticide information reported to the department under subsection (1) is confidential. The department may summarize the information for purposes of preparing a waste pesticide inventory report that is public information. If a waste pesticide disposal program is not approved by the legislature, the department shall destroy the waste pesticide information received under subsection (1)."

Section 394. Section 80-8-205, MCA, is amended to read:

"80-8-205. Commercial operator. (1) The department ~~of agriculture~~ may establish procedures for controlling pesticide operators, including necessary fees by regulation.

(2) The department may by rule establish a fee, in effect on November 3, 1998, to be paid by commercial operators to fund the waste pesticide and pesticide container collection, disposal, and recycling program. Fees collected under this subsection must be deposited in the state special revenue account pursuant to 80-8-112. (Subsection (2) terminates June 30, 1999--sec. 14, Ch. 465, L. 1993.)"

Section 395. Section 80-9-206, MCA, is amended to read:

"80-9-206. Inspection fees -- filing of annual statement. (1) An inspection fee must be paid on all commercial feeds, including custom-mix feeds, except pet foods and specialty pet foods, distributed in this state as follows:

(a) The inspection fee must be set by rule, in effect on November 3, 1998, on a cents-per-ton basis, except that the first 10 tons are exempt. ~~The department may adjust the fee by rule to adequately fund the administration of this chapter.~~ Adjustments may be made only after holding ~~a public hearing~~ an election on the proposed changes, as required in 80-9-103, and must remain within the limits of 5 cents to 25 cents ~~per~~ a ton. ~~The effective date of any rule adjusting fees is January 1 of the calendar year following the issuance of the rule.~~ All permit holders are to be notified immediately of any changes in fees.

(b) The feed manufacturer has primary responsibility for paying inspection fees. However, the distributor is responsible for inspection fees if the manufacturer has not paid them.

(c) Inspection fees must be paid on each commercial feed, including custom-mix feeds and feed ingredients that are defined as commercial feeds even though they are used in the manufacture of other commercial feeds. However, premixes prepared and used within a feed plant are exempt, but not premixes or ingredients transferred from one plant to another even within the same organization.

(d) A person producing a commercial feed with a feed mixing plant at a feed lot or a poultry, swine, or dairy operation may not be required to pay inspection fees on the commercial feeds produced and used in ~~his~~ the person's feeding operation at the site, but he the person is responsible for any unpaid inspection fees on commercial feed purchased by ~~him~~ the person and on any commercial feed he that the person produces and distributes other than in ~~his~~ the person's feeding operations at the site.

(2) Each person who holds a permit as required in 80-9-201(1) shall:

(a) file, not later than January 31 of each year, an annual statement setting forth the number of tons of commercial feeds distributed in this state during the preceding calendar year (January 1 through December 31) and, upon filing the statement, shall pay the inspection fee at the rate stated in subsection (1). Inspection fees that have not been remitted to the department on or before January 31 have a penalty fee of 10% with a minimum of $10 added to the amount due. The assessment of this penalty fee does not prevent the department from taking other action as provided in this chapter.

(b) keep those records that are necessary or are required by the department to indicate accurately the tonnage of commercial feed distributed in this state. The department may examine the records to verify statements of tonnage.

(c) make accurate and prompt reports as required. Failure to do so is sufficient cause for the department to cancel or refuse to reissue a permit."

Section 396. Section 80-10-207, MCA, is amended to read:

"80-10-207. Fees. (1) (a) A manufacturer registering under 80-10-201(1) shall pay to the department fees, in effect on November 3, 1998, on all commercial fertilizer distributed in this state, except specialty fertilizers and unmanipulated animal and vegetable manures, provided that sales to manufacturers or exchanges between them are exempt. The fees are:

(i) inspection of fertilizers other than anhydrous ammonia, 20 cents ~~per~~ a ton. The department may by rule in effect on November 3, 1998, ~~after hearing~~ adjust the inspection fee not to exceed a maximum of 25 cents ~~per~~ a ton to maintain adequate funding for the administration of this part. ~~A change in fee becomes effective on the first day of a reporting period.~~ All manufacturers must be given notice of a change in fees before the effective date.

(ii) inspection of anhydrous ammonia, 20 cents ~~per~~ a ton. The department may by rule in effect on November 3, 1998, ~~after hearing~~ adjust the anhydrous ammonia inspection fee not to exceed a maximum of 65 cents ~~per~~ a ton to maintain adequate funding for the administration and enforcement of part 5 of this chapter. ~~A change in fee becomes effective on the first day of a reporting period.~~ All registrants and manufacturers of anhydrous ammonia must be given notice of a change in fees before the effective date of the fee adjustment.

(iii) assessment, the fee prescribed in 80-10-103. The assessment fee must be used to fund educational and experimental programs as provided in 80-10-103 through 80-10-106.

(b) If fertilizer or soil amendment material is added to fertilizer for which a fee has been paid under subsection (1)(a), a fee must be paid under that subsection, but only on the added fertilizer or soil amendment.

(2) There must be paid to the department on all soil amendments distributed in this state an inspection fee of 10 cents ~~per~~ a ton subject to the following provisions:

(a) sales to manufacturers or exchanges between them are exempt; and

(b) when less than 50 tons of registered soil amendment is sold in a 6-month period, there must be paid to the department a fee of $5 for each soil amendment for each 6-month period in lieu of the fee of 10 cents ~~per~~ a ton. Inspection fees must be used by the department for administration of this part.

(3) (a) (i) Each licensee who distributes a soil amendment or commercial fertilizer, except specialty fertilizer and unmanipulated manures, to an unlicensed or unregistered person in this state shall file with the department on forms furnished or approved by the department a semiannual statement for the periods ending June 30 and December 31 setting forth the number of net tons of each commercial fertilizer or soil amendment distributed in this state during the 6-month period. The report is due on or before the 30th day of the month following the close of each period.

(ii) Each manufacturer who registers or a person who registers on the manufacturer's behalf a soil amendment or commercial fertilizer in this state, except specialty fertilizer and unmanipulated manures, shall file with the department on forms furnished or approved by the department a monthly statement setting forth the number of net tons of each registered commercial fertilizer and soil amendment distributed in this state during the month and to whom it was distributed. The report is due on or before the 30th day of the following month. The manufacturer or person registering on behalf of the manufacturer shall pay the fees set forth in subsection (1) at that time.

(b) If the tonnage report required by subsection (3)(a)(ii) is not filed and the payment of fees is not made within 30 days after the end of the period, a collection fee amounting to 10% of the amount due but not less than $10 must be assessed against the manufacturer and the amount of fees due constitutes a debt and becomes the basis of a judgment against the manufacturer.

(4) Except as provided in subsection (5), all fees collected for licenses, registration, and inspection and money collected as penalties must be deposited in the state treasury to the credit of the state special revenue fund for the purpose of administering this chapter, including the cost of equipment and facilities and the cost of inspecting, analyzing, and examining commercial fertilizer and soil amendments manufactured or distributed in this state. Reserve funds may be invested by the department with interest credited to the state special revenue fund.

(5) All fees collected under subsection (1)(a)(ii) must be deposited in the state treasury to the credit of the state special revenue fund, anhydrous ammonia account, for the administration and enforcement of part 5 of this chapter and the rules adopted under part 5. The department may direct the board of investments to invest the funds collected under subsection (1)(a)(ii) of this section pursuant to the provisions of 17-6-201. The income from the investment must be deposited in the anhydrous ammonia account in the state special revenue fund."

Section 397. Section 80-11-307, MCA, is amended to read:

"80-11-307. Assessment on alfalfa seed. (1) There is ~~hereby~~ levied upon all alfalfa seed grown in this state and sold through commercial channels an assessment of 1/2 of 1% of the grower's price received at the point of first sale.

(2) If it appears from an investigation that the revenue from the assessment levied under subsection (1) is inadequate to accomplish the purposes of this part, the committee shall file with the director of agriculture a report showing the necessity of the industry, extent of public convenience, interest, and necessity, and probable revenue from the additional assessment desired to be levied. The director of agriculture may ~~thereupon~~ by rule in effect on November 3, 1998, increase the assessment to a sum not to exceed 1% of the grower's price received at the point of first sale or request that the legislature submit the increase to the electorate. No An increase may not be made prior to filing of the report and recommendation by the committee."

Section 398. Section 80-11-412, MCA, is amended to read:

"80-11-412. Assessment on mint oil. (1) There is levied on all mint oil produced in this state and sold through normal commercial channels an assessment of not less than 5 cents or more than 15 cents a pound. The assessment is levied on each grower in the following manner:

(a) in the case of the sale of mint oil, the assessment must be collected by the first purchaser from the grower at the time of each settlement for mint oil purchased; or

(b) in the case of a pledge or mortgage of mint oil as security for a loan, the assessment must be collected by deducting the amount of the assessment from the proceeds of the loan at the time the loan is made by the agency or person making the loan.

(2) The assessment must be deducted and collected whether the mint oil is stored in this state or any other state. The assessment is imposed on the initial sale, pledge, mortgage, or other transaction in which a grower parts with title to the mint oil or creates an interest in the mint oil in a pledgee, mortgagee, or other person, but a grower is not subject to assessment more than once regardless of the number of times the oil is subject to a sale, pledge, mortgage, or other transaction.

(3) The committee shall by rule in effect on November 3, 1998, set the amount of the assessment ~~annually in accordance with subsection (1)~~."

Section 399. Section 80-15-106, MCA, is amended to read:

"80-15-106. Educational programs. (1) The department, in cooperation with the Montana state university-Bozeman extension service, shall develop and conduct appropriate educational programs to promote the policy specified in 80-15-103. The department and the Montana state university-Bozeman extension service may charge a fee, in effect on November 3, 1998, for the educational programs~~, commensurate with the costs of program development and administration~~.

(2) All fees collected by the department pursuant to this section must be deposited in the state special revenue fund. The department may spend the funds for the purposes set forth in this section.

(3) All fees collected by the Montana state university-Bozeman extension service must be deposited in a special account identified for this purpose. The extension service may spend the funds for the purposes set forth in this section."

Section 400. Section 81-1-102, MCA, is amended to read:

"81-1-102. Duties and powers of department -- fees based on costs. (1) The department shall exercise general supervision over and, so far as possible, protect the livestock interests of the state from theft and disease and recommend legislation which, in the judgment of the department, fosters this industry. The department may compel the attendance of witnesses, employ counsel to assist in the prosecution of violations of laws made for the protection of the livestock interests, and assist in the prosecution of persons charged with illegal branding or theft of livestock or any other crime under the laws of this state for the protection of stock owners. It may adopt rules governing the recording and use of livestock brands.

(2) The department shall by rule in effect on November 3, 1998, establish all fees that it is authorized to charge~~, commensurate with costs as provided in 37-1-134~~.

(3) The department shall perform the duties assigned to the department relating to the administration and regulation of game farms as described in Title 87, chapter 4, part 4."

Section 401. Section 81-2-102, MCA, is amended to read:

"81-2-102. Powers of department. (1) The department may:

(a) supervise the sanitary conditions of livestock in this state, under the provisions of the constitution and statutes of this state and the rules adopted by the department. The department may quarantine a lot, yard, land, building, room, premises, enclosure, or other place or section in this state which is or may be used or occupied by livestock and which in the judgment of the department is infected or contaminated with an infectious, contagious, communicable, or dangerous disease or disease-carrying medium by which the disease may be communicated. The department may quarantine livestock in this state when the livestock is affected with or has been exposed to disease or disease-carrying medium. The department may prescribe treatments and enforce sanitary rules which are necessary and proper to circumscribe, extirpate, control, or prevent the disease.

(b) foster, promote, and protect the livestock industry in this state by the investigation of diseases and other subjects related to ways and means of prevention, extirpation, and control of diseases or to the care of livestock and its products and to this end may establish and maintain a laboratory, may make or cause to be made biologic products, curatives, and preventative agents, and may perform any other acts and things as may be necessary or proper in the fostering, promotion, or protection of the livestock industry in this state;

(c) impose and collect ~~such~~ fees, in effect on November 3, 1998, as that the department considers appropriate for the tests and services performed by it at the laboratory or elsewhere and for biologic products, curatives, and preventative agents made or caused to be made by the department. In fixing these fees the department shall take into consideration the costs, both direct and indirect, of the tests, services, products, curatives, and agents. All fees ~~shall~~ must be deposited in the state special revenue fund for the use of the animal health functions of the department.

(d) adopt rules and orders ~~which~~ that it considers necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting livestock in this state and to this end may adopt rules and orders necessary or proper governing inspections and tests of livestock intended for importation into this state before it may be imported into this state;

(e) adopt rules and orders ~~which~~ that it considers necessary or proper for the inspection, testing, and quarantine of all livestock imported into this state;

(f) adopt rules and orders ~~which~~ that it considers necessary or proper for the supervision, inspection, and control of the standards and sanitary conditions of slaughterhouses, meat depots, meat and meat food products, dairies, milk depots, milk and its byproducts, barns, dairy cows, factories, and other places and premises where meat or meat foods, milk or its products, or ~~any~~ byproducts ~~thereof~~ intended for sale or consumption as food are produced, kept, handled, or stored. An authorized representative of the department may take samples of a product so produced, kept, handled, or stored for analysis or testing by the department. The records of the samples and their analysis and test, when identified as to the sample by the oath of the officer taking it and verified as to the analysis or test by the oath of the chemist or bacteriologist making it, are prima facie evidence of the facts set forth in them when offered in evidence in a prosecution or action at law or in equity for violation of part 1, 2, or 3 of this chapter, 81-9-201, 81-20-101, 81-21-102, 81-21-103, or a rule or order of the board adopted ~~thereunder~~ under those provisions. These standards, insofar as they relate to dairies or milk and its byproducts, may not include standards of weight or measurement.

(g) adopt rules and orders ~~which~~ that seem necessary or proper for the supervision and control of manufactured and refined foods for livestock and the manufacture, importation, sale, and method of using a biologic remedy or curative agent for the treatment of diseases of livestock. However, as far as practicable the standards approved by the United States department of agriculture ~~shall~~ must be adopted.

(h) install an adequate system of meat inspection in accordance with 81-9-216 through 81-9-220 and 81-9-226 through 81-9-236 ~~which shall~~ that must provide ways and means for shipping home-grown and home-killed meats into any city in this state. As far as practicable, the rules ~~shall~~ must conform with the meat-inspection requirements of the United States department of agriculture.

(i) slaughter or cause to be slaughtered any livestock in this state known to be affected with or which has been exposed to an infectious, contagious, communicable, or dangerous disease, when ~~such~~ slaughter is necessary for the protection of other livestock, and destroy or cause to be destroyed all barns, stables, sheds, outbuildings, fixtures, furniture, or personal property infected with any ~~such~~ infectious, contagious, communicable, or dangerous disease when they cannot be thoroughly cleaned and disinfected and the destruction is necessary to prevent the spreading of the disease;

(j) indemnify the owner of ~~any~~ property destroyed by order of the department or pursuant to any rules adopted by the department under part 1, 2, or 3 of this chapter, 81-20-101, 81-21-102, 81-21-103;

(k) require persons, firms, and corporations engaged in the production or handling of meat, meat food products, dairy products, or ~~any~~ byproducts ~~thereof~~ to furnish statistics of the quantity and cost of the food and food products produced or handled and the ~~name and address~~ names and addresses of persons supplying them any of the products.

(2) When in the exercise of its powers or the discharge of its duties it becomes necessary for employees of the department to investigate facts and conditions, they may administer oaths, take affidavits, and compel the attendance and testimony of witnesses."

Section 402. Section 81-2-502, MCA, is amended to read:

"81-2-502. Licenses. (1) It is unlawful to handle, prepare, cook, or otherwise treat garbage to feed to swine or other animals or to feed garbage to swine or other animals without first securing a license for that purpose from the department of livestock. One license issued to the entrepreneur, corporation, or individual responsible for a particular garbage feeding enterprise covers all garbage feeders concerned with the enterprise. The license provided for in this section expires on December 31 of the year in which it is issued. The department shall establish a fee, in effect on November 3, 1998, to be charged for all licenses issued under this part. All license fees collected ~~shall~~ must be paid into the state special revenue fund for the use of the department.

(2) This part does not apply to a person who feeds only ~~his~~ the person's own household garbage to swine or other animals."

Section 403. Section 81-3-107, MCA, is amended to read:

"81-3-107. Fees for department -- deposit requirements. (1) The department shall establish, charge, and collect a fee, in effect on November 3, 1998, for recording a new mark or brand, for recording a mark or brand transfer, or for rerecording a mark or brand. The department shall establish and charge a fee, in effect on November 3, 1998, for providing a certified copy of a record and a duplicate certificate. The department may upon request research mark or brand histories and may charge a fee, in effect on November 3, 1998, of up to $50 for each mark or brand, based on time involved in research. All fees collected must be paid into the state special revenue fund for the use of the department. However, not more than 10% of the net rerecording fees after all expenses of rerecording are paid may be expended in any 1 year except in case of an emergency declared by the governor or the board.

(2) Money collected as fees under subsection (1) is not subject to the deposit requirements of 17-6-105 but must be deposited by the department within a reasonable time after receipt."

Section 404. Section 81-3-205, MCA, is amended to read:

"81-3-205. Fees for inspection and livestock transportation permits. (1) For the service of inspection of all livestock except horses, mules, or asses before removal from a county or before change of ownership, the inspector making the inspections ~~shall~~ must receive a fee established by the department and in effect on November 3, 1998, for each head inspected. For the issuance of a market consignment permit or transportation permit (,other than a permanent permit), before removal from a county for all livestock, the inspector issuing the permits ~~shall~~ must receive a fee established by the department and in effect on November 3, 1998, for each permit issued. ~~and shall~~ The inspector must receive in addition ~~his~~ necessary actual expenses, to be paid by the owner or the person for whom the inspection is made or permit issued. For the issuance of a permanent horse transportation permit, the state stock inspector taking the application for permit ~~shall~~ must receive a fee established by the department and in effect on November 3, 1998, for each permit issued. All inspection and permit fees and expenses ~~shall~~ must be collected by the inspector at the time of inspection or issuance of permit, and all the fees and expenses collected by a deputy state stock inspector ~~shall~~ must be retained by ~~him, and all~~ the inspector. ~~such~~ The inspector shall send all fees and expenses collected ~~by a state stock inspector shall be sent by him~~ to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department.

(2) For the service of inspection before any livestock except a horse, mule, or ass is sold or offered for sale at a licensed livestock market or slaughtered at a licensed slaughterhouse, a state stock inspector or deputy state stock inspector making the inspection shall receive a fee established by the department and in effect on November 3, 1998, for each head inspected. All fees ~~shall~~ must be paid by the owner or by the person for whom the inspection is made. For releasing an animal so that it may be removed from the premises of a licensed livestock market, the state stock inspector making the release shall receive a fee established by the department and in effect on November 3, 1998, for each head inspected from the owner or the person for whom the release is made. All fees for inspection and release at the market ~~shall~~ must be collected at the time the inspection or release is made by the state stock inspector making the inspection or release and ~~shall~~ be sent ~~by him~~ to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department. All fees for preslaughter inspection made at a licensed slaughterhouse by the state stock inspector ~~shall~~ must be paid to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department. Preslaughter inspection fees paid to a deputy state stock inspector shall be retained by ~~him~~ the inspector.

(3) (a) For the service of inspection of horses, mules, or asses before removal from a county or before change of ownership, the inspector making the inspection ~~shall~~ must receive a fee established by the department and in effect on November 3, 1998, for each head inspected and shall receive in addition ~~his~~ necessary actual expenses, to be paid by the owner or the person for whom the inspection is made. All fees and expenses collected by a state stock inspector must be sent ~~by him~~ to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department.

(b) For the service of inspection before a horse, mule, or ass is sold or offered for sale at a licensed livestock market, a state stock inspector making the inspection ~~shall~~ must receive a fee established by the department and in effect on November 3, 1998, for each head inspected. All fees ~~shall~~ must be paid by the owner or the person for whom the inspection is made to the state stock inspector.

(4) All inspection and release fees and expenses ~~shall~~ must be paid to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department unless paid to a deputy state stock inspector. State stock inspectors ~~shall~~ must be paid for their services and receive their expenses as fixed by the department."

Section 405. Section 81-3-210, MCA, is amended to read:

"81-3-210. Bill of sale required to prove ownership. (1) A bill of sale signed by the seller and adequately describing the livestock sold must be presented to the livestock inspector whenever the change of ownership inspection required by 81-3-211 is made or whenever a buyer of livestock requests a county-line or state-line inspection for livestock. The bill of sale ~~shall~~ must be in a form prescribed by the department and ~~shall~~ must be taken up by the department with the certificate of inspection acting as a receipt.

(2) The department shall establish, charge, and receive a fee, in effect on November 3, 1998, for each copy of a bill of sale requested after the original bill of sale has been taken up. Fees ~~so received shall~~ must be paid to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department."

Section 406. Section 81-3-211, MCA, is amended to read:

"81-3-211. Inspection of livestock before change of ownership or removal from county -- transportation permits. (1) For the purposes of this section:

(a) "Family business entity" means:

(i) a corporation whose stock is owned solely by members of the same family;

(ii) a partnership in which the partners are all members of the same family;

(iii) an association whose members are all members of the same family; or

(iv) any other entity owned solely by members of the same family.

(b) "Members of the same family" means a group whose membership is determined by including an individual, the individual's spouse, and the individual's parents, children, grandchildren, and the spouses of each.

(2) Except as otherwise provided in this part, it is unlawful to remove or cause to be removed from a county in this state any livestock or to transfer ownership by sale or otherwise or for an intended purchaser or a purchaser's agent to take possession of any livestock subject to title passing upon meeting or satisfaction of any conditions, unless the livestock have been inspected for brands by a state stock inspector or deputy state stock inspector and a certificate of the inspection has been issued in connection with and for the purpose of the transportation or removal or of the change of ownership as provided in this part. The inspection must be made in daylight. However, the change of ownership inspection requirements of this subsection do not apply when the change of ownership transaction is accomplished without the livestock changing premises, involves part of a herd to which livestock have not been added other than by natural increase or after brand inspection, and is between:

(a) members of the same family;

(b) a member of one family and the same family's business entity; or

(3) (a) It is unlawful to sell or offer for sale at a livestock market any livestock originating within any county in this state in which a livestock market is maintained or transported under a market consignment permit until the livestock has been inspected for marks and brands by a state stock inspector, as provided in this part.

(b) It is unlawful to slaughter livestock at a licensed livestock slaughterhouse unless the livestock has been inspected for marks or brands by a state or deputy state stock inspector.

(4) It is unlawful to remove or cause to be removed any livestock from the premises of a livestock market in this state unless the livestock has been released by a state stock inspector and a certificate of release for the livestock has been issued in connection with and for the purpose of the removal from the premises of the livestock market. The release obtained pursuant to this subsection will permit the movement of the released livestock directly to the destination shown on the certificate.

(5) The person in charge of livestock being removed from a county in this state, when inspection is required by this section, when a change of ownership has occurred, or when moved under a market consignment permit or a market release certificate, must have in the person's possession the certificate of inspection, market consignment permit, transportation permit, or market release certificate and shall exhibit the certificate to any sheriff, deputy sheriff, constable, highway patrol officer, state stock inspector, or deputy state stock inspector upon request. Section 81-3-204 must be extended to livestock transported or sold under the permits.

(6) The following transportation permits may be issued:

(a) If a saddle, work, or show horse is being transported from county to county in this state by the owner for the owner's personal use or business or if cattle are being transported from county to county in this state by their owner for show purposes and there is no change of ownership, the inspection certificate required by this section may be endorsed, as to the purpose and extent of transportation, by the inspector issuing the certificate in order to serve as a travel permit in this state for a period not to exceed 1 year for the horse or cattle described in the certificate. The permit becomes void upon any transfer of ownership or if the horse or cattle are to be removed from the state. If the permit is void, an inspection must be secured for removal and the endorsed certificate must be surrendered.

(b) The owner of a saddle, work, or show horse may apply for a permanent transportation permit valid for both interstate and intrastate transportation of the horse until there is a change of ownership. To obtain a permit, a horse must have either a registered brand that has been legally cleared or a lip tattoo or the owner is required to present proof of ownership to a state stock inspector or a specially qualified deputy stock inspector. A written application, on forms to be provided by the department, must be completed by the owner and presented to a state stock inspector or a specially qualified deputy stock inspector, together with a permit fee established by the department, for each horse. The application must contain a thorough physical description of the horse and list all brands and tattoos carried by the horse. Upon approval of the application by a state stock inspector, a permanent transportation permit must be issued by the department to the owner for each horse, and the permit is valid for the life of the horse. If there is a change of ownership in a horse, the permit automatically is void. The permit must accompany the horse for which it was issued at all times while the horse is in transit. This permit is in lieu of other permits and certificates required under the provisions of this section. The state of Montana shall recognize as valid permanent transportation permits issued in other jurisdictions to the owner of a saddle, work, or show horse subsequently entering the state. A permit is automatically void upon a change of ownership.

(c) When livestock owned by and bearing the registered brand of a bona fide rodeo producer are being transported from county to county in this state by the owner for rodeo purposes and there is no change of ownership, the inspection certificate required by this section may be endorsed, as to the purpose and extent of transportation, by the inspector issuing the certificate in order to serve as a travel permit in this state for the livestock described in the certificate. The certificate is effective for the calendar year for which it is issued. The certificate must be issued by a state stock inspector.

(d) An owner of livestock or the owner's agent may be issued one transportation permit in a 12-month period allowing the movement of the livestock into an adjoining county and return when the livestock are being moved for grazing purposes and when they are being moved to and from land owned or controlled by the owner of the livestock or the owner's agent. The permit is valid for a period of 8 months from the date of issuance and must be issued by a state stock inspector. The permit may be issued only if the livestock are branded with the permittee's brand, which must be registered in Montana. The department shall establish a fee, in effect on November 3, 1998, for the permit, to be paid to the state stock inspector at the time the permit is issued and remitted by the inspector to the department for deposit in the state treasury to the credit of the state special revenue fund for the use of the department. This permit may be used in lieu of the inspection and certificate required by this section for movement of livestock across a county line.

(7) Before any removal or change of ownership may take place, the seller of livestock shall request all required inspections and shall pay the required fees."

Section 407. Section 81-3-214, MCA, is amended to read:

"81-3-214. Entry permit. A transportation permit for the entry of livestock into Montana must be obtained by the owner or ~~his~~ the owner's agent from a state stock inspector prior to the entry of the livestock into Montana. The department shall establish a fee, in effect on November 3, 1998, for the permit, to be remitted by the department to the state treasury for credit to the state special revenue account of the department. The department shall provide by rule for the issuance and control of transportation permits authorized by this section."

Section 408. Section 81-4-605, MCA, is amended to read:

"81-4-605. Expenses, how paid -- disposition of proceeds of sale. (1) Expenses for collecting, holding, advertising, and selling of the estray, including but not limited to labor, feed, supplies, and veterinary services, ~~shall~~ must be paid out of the gross proceeds of the sale of the estray, and the balance of the proceeds of the sale ~~shall~~ must be forwarded to the department to be advertised as estray funds in the manner provided by law. The proceeds are subject to claim by the owner of the animal for a period of 2 years from the date of the sale. If the owner of the estray claims the animal before the sale of the animal, the expense incurred by the stock inspector to that time ~~shall~~ must be paid by the owner.

(2) The department may adopt rules and establish fees, in effect on November 3, 1998, for the handling of estrays."

Section 409. Section 81-5-112, MCA, is amended to read:

"81-5-112. Permit system for transportation of sheep -- penalty. (1) The department shall adopt rules imposing a permit system for the transportation of sheep within or out of the state if it finds that a permit system is necessary to prevent theft of sheep. The rules must establish fees ~~commensurate with the department's cost of operating the permit system~~ in effect on November 3, 1998.

(2) A person who purposely or knowingly transports sheep in violation of rules adopted under subsection (1) is guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 6 months, or both."

Section 410. Section 81-7-303, MCA, is amended to read:

"81-7-303. County commissioners permitted to require per capita license fee on sheep. (1) To defray the expense of protection, the board of county commissioners of any county may, subject to Article VIII, section 17, of the Montana constitution, require all owners or persons in possession of any sheep 1 year old or older in the county on the regular assessment date of each year to pay a per capita license fee in an amount to be determined by the board. All owners or persons in possession of any sheep 1 year old or older coming into the county after the regular assessment date and subject to taxation under the provisions of 15-24-301 are subject to payment of the license fee.

(2) Upon the order of the board of county commissioners, the license fees may be imposed by entering the name of the licensee upon the property tax record of the county by the department of revenue. The license fees are payable to and must be collected by the county treasurer. When levied, the fees are a lien upon the property, both real and personal, of the licensee. If the person against whom the license fee is levied does not own real estate against which the license fee is or may become a lien, then the license fee is payable immediately upon its levy and the treasurer shall collect the fee in the manner provided by law for the collection of personal property taxes that are not a lien upon real estate.

(3) When collected, the fees must be placed in the predatory animal control fund and the fund may be expended on order of the board of county commissioners of the county for predatory animal control only."

Section 411. Section 81-7-305, MCA, is amended to read:

"81-7-305. Duty of county commissioners -- petition of sheep owners -- license fees. (1) In conducting a predatory animal control program, the board of county commissioners shall give preference to recommendations for ~~such~~ the program ~~and its incidents as~~ made by organized associations of sheep growers in the county. Upon petition of the resident owners of at least 51% of the sheep in the county, as shown by the assessment rolls of the last preceding assessment, which petition ~~shall~~ must be filed with the board of county commissioners on or before the first Monday in December in any year, ~~such~~ the board shall establish the predatory animal control program. ~~and cause said~~ Subject to Article VIII, section 17, of the Montana constitution, the board may require licenses to be secured and issued and the fees collected for the following year in ~~such~~ an amount as that will defray the cost of administering the program ~~so established~~. The license fee determined and set by the board ~~shall~~ must remain in full force and effect from year to year without change, unless there is filed with the board a petition subscribed by the resident owners of at least 51% of the sheep in the county, as shown by the assessment rolls of the last assessment preceding the filing of the petition, for termination of the program and repeal of the license fee, in which event the program ~~shall~~ must by order of the board of county commissioners be disestablished and the license fee ~~shall~~ may not be further levied.

(2) If the resident owners of at least 51% of the sheep in the county either petition for an increase in the license fee or petition for a decrease in the license fee then in force, the board of county commissioners shall upon receipt of ~~any such~~ the petition and subject to Article VIII, section 17, of the Montana constitution, fix a new license fee to continue from year to year and the program ~~shall thereupon~~ must continue within the limits of the aggregate amount of the license fee as collected from year to year."

Section 412. Section 81-7-504, MCA, is amended to read:

"81-7-504. Duration of permit -- fee. The department of livestock shall establish a fee, in effect on November 3, 1998, for the permit, and each permit ~~shall be~~ is valid for a period set by the department not to exceed 3 years. All fees for permits ~~shall~~ must be paid to the department of livestock for deposit in the state treasury to the credit of the state special revenue fund for predatory animal control."

Section 413. Section 81-7-603, MCA, is amended to read:

"81-7-603. County commissioners permitted to levy per capita license fee on cattle. (1) To defray the expense of protection, the board of county commissioners may, subject to Article VIII, section 17, of the Montana constitution, require all owners or persons in possession of any cattle 9 months old or older in the county on the regular assessment date of each year to pay a per capita license fee in an amount to be determined by the board. All owners or persons in possession of cattle 9 months old or older coming into the county after the regular assessment date and subject to taxation under the provisions of 15-24-301 are subject to payment of the license fee.

(2) Upon the order of the board of county commissioners, the license fee may be imposed by entering the name of the licensee upon the property tax record of the county by the department of revenue. The license fee is payable to the county treasurer. When levied, the fee is a lien upon the property, both real and personal, of the licensee. If the person against whom the license fee is levied does not own real estate against which the license fee is or may become a lien, then the license fee is payable immediately upon its levy and the treasurer shall collect the fee in the manner provided by law for the collection of personal property taxes that are not a lien upon real estate.

(3) The fees must be placed in a predatory animal control fund separate from the fund provided for in 81-7-303. The money in the predatory animal control fund may be expended by the board of county commissioners only for the predatory animal control program."

Section 414. Section 81-7-605, MCA, is amended to read:

"81-7-605. Duty of county commissioners -- petition of cattle owners -- license fees. (1) In conducting a predatory animal control program, the board of county commissioners shall give preference to recommendations for a program made by an organized association of cattle producers in the county. Upon petition of the resident owners of at least 51% of the cattle in the county, as shown by the property tax record of the last preceding assessment, which petition must be filed with the board of county commissioners on or before the first Monday in December in any year, the board shall, subject to Article VIII, section 17, of the Montana constitution, establish the predatory animal control program and issue licenses and collect fees for the following year in an amount that will defray the cost of administering the program. The license fee set by the board must remain in effect from year to year without change unless there is filed with the board a petition signed by the resident owners of at least 51% of the cattle in the county, as shown by the property tax record of the last assessment preceding the filing of the petition, for termination of the program and elimination of the license fee. Upon the filing of the petition, the board of county commissioners shall terminate the program and cease levying the license fee.

(2) If the resident owners of at least 51% of the cattle in the county file a petition with the board of county commissioners either for an increase in the license fee or for a decrease in the license fee then in force, the board of county commissioners shall, subject to Article VIII, section 17, of the Montana constitution, set a new license fee to continue from year to year."

Section 415. Section 81-8-256, MCA, is amended to read:

"81-8-256. Fee to operate livestock market. A person operating a livestock market shall pay annually on May 1 to the department a fee established by the department and in effect on November 3, 1998. All fees ~~shall~~ must be paid into the state treasury and credited to the state special revenue fund for the use of the department."

Section 416. Section 81-8-264, MCA, is amended to read:

"81-8-264. Satellite video livestock auction market -- license to transact business -- license fee -- contract -- renewal. (1) A satellite video livestock auction market may transact business in this state only through a licensed livestock dealer or through a livestock market that is domiciled in the state.

(2) A livestock dealer or a livestock market that proposes to transact business with a video auction market shall file an application for a license with the department on a form prescribed by the department with the following information:

(a) the nature of the business for which a license is requested;

(b) the name and address of the livestock dealer or the livestock market;

(d) any additional information that the department may require.

(3) The application must be accompanied by:

(a) a fee established by the department ~~commensurate with the costs of administering 81-8-265 and this section~~ and in effect on November 3, 1998;

(b) evidence that the department may require indicating that the video auction market is financially responsible and bonded to transact business and has established a custodial account for shippers' proceeds; and

(c) a copy of the contract between the licensed livestock dealer or the livestock market and the video auction market. The contract must provide:

(i) for reasonable access by the department to all records and documents relating to the activities of the video auction market; and

(ii) that the livestock dealer or the livestock market and the video auction market are jointly and severally liable, with the right of contribution, for all business transacted within the state.

(4) If the contract described in subsection (3)(c) is terminated, rescinded, breached, or materially altered, the livestock dealer or the livestock market shall immediately notify the department. Failure to notify the department is considered to be:

(a) a failure to keep and maintain suitable records with the department; and

(b) a false entry or statement of fact in an application filed with the department.

(5) On or before May 1 of each year, a livestock dealer or a livestock market shall renew the license by fulfilling the requirements of subsections (1) through (4).

(6) The license fee must be remitted to the state treasurer to the credit of the department."

Section 417. Section 81-8-276, MCA, is amended to read:

"81-8-276. Annual fee and financial statement. Livestock dealers shall pay an annual fee established by the department, in effect on November 3, 1998, and when requested by the department shall supply a current financial statement. The fee is payable on May 1 to the state treasurer to the credit of the department."

Section 418. Section 81-8-304, MCA, is amended to read:

"81-8-304. Fees. The department shall charge a fee, in effect on November 3, 1998, for filing and listing the notices of security agreements for each recorded brand listed in each security agreement and for filing and listing each notice of satisfaction, renewal, or assignment of the security agreement for each recorded brand listed. The fees ~~shall~~ must be set by rules adopted pursuant to the Montana Administrative Procedure Act, ~~upon the basis of actual cost to the department for each brand listed~~ in effect on November 3, 1998. All fees ~~shall~~ must be paid into the state special revenue fund for the use of the department."

Section 419. Section 81-9-113, MCA, is amended to read:

"81-9-113. Fees for inspection. The state or deputy state stock inspector making the inspection required by 81-9-112 shall collect a fee established by the department, in effect on November 3, 1998, for each head inspected, plus all necessary expenses. State stock inspectors shall promptly remit all fees and expenses collected under this section to the department for deposit in the state special revenue fund. Deputy state stock inspectors ~~shall~~ may keep their fees and expenses."

Section 420. Section 81-9-201, MCA, is amended to read:

"81-9-201. Meat establishment license -- fees and renewals. (1) It is unlawful for a person, firm, or corporation to engage in the business of slaughtering livestock or poultry or processing, storing, or wholesaling the meat products of either without having a license issued by the department. The department shall establish an annual fee, in effect on November 3, 1998, for a license issued under this section, to be paid into the state special revenue fund for the use of the department.

(2) All licenses expire each year on the anniversary date established by rule by the board of review established in 30-16-302 and must be renewed by the department on request of the licensee. However, when the department finds that the establishment for which the license is issued is not conducted in accordance with the rules and orders of the board made under 81-2-102, the department shall revoke the license and may not renew it until the establishment is in a sanitary condition in accordance with department rules.

(3) A person, firm, or corporation violating this section or any rule or order promulgated by authority of 81-2-102 is guilty of a misdemeanor and upon conviction shall be fined not more than $500."

Section 421. Section 81-9-301, MCA, is amended to read:

"81-9-301. Licensing of rendering or disposal plants. (1) It is unlawful to operate in this state a rendering or disposal plant or establishment that is intended to be operated for the disposal of bodies or parts of bodies of animals or fowl in any manner, except for human consumption, without first securing a license from the department of livestock.

(2) The license expires on December 31 of the year in which it is issued. The department shall establish a fee, in effect on November 3, 1998, to be charged for licenses issued under 81-9-301 through 81-9-306.

(3) All license fees collected ~~shall~~ must be paid into the state special revenue fund for the use of the department."

Section 422. Section 81-9-411, MCA, is amended to read:

"81-9-411. Hide dealer or buyer's license fee -- disposition of proceeds. Before engaging in business in this state, a hide dealer or buyer shall obtain a license from the department. The department shall establish an annual license fee, in effect on November 3, 1998, to be charged for each established place of business at which the hide dealer or buyer purchases or deals in hides. The license continues in force for that calendar year. The ~~moneys~~ money collected from the licenses ~~shall~~ must be placed in the state special revenue fund for the department. The license must be renewed January 1 of each year."

Section 423. Section 81-20-201, MCA, is amended to read:

"81-20-201. Egg dealer's and egg grader's licenses -- fee. (1) A person may not buy, sell, or deal in eggs without first obtaining a license from the department of livestock for each establishment at which business is conducted. A licensee shall send to the department the reports that are requested by the department. The department shall establish a license fee, in effect on November 3, 1998, for dealers buying eggs for sale at retail and for dealers buying eggs for resale at wholesale. All licenses must be posted in a conspicuous place in each place of business. Licenses expire each year on the anniversary date established by rule by the board of review established in 30-16-302.

(2) A person buying, selling, or dealing in eggs, a major portion of which are produced by the person's own fowl, or in amounts less than an average of 25 cases per month, is exempt from the requirements of this section.

(3) Wholesale and retail dealers who handle more than 25 cases of eggs per month supplying eggs to consumers ~~must~~ shall, when selling candled eggs, sell only eggs candled by or under the supervision of experienced and licensed graders. The department shall establish a fee, in effect on November 3, 1998, for a grader's license. All candlers and graders must pass an examination required by the department. The license expires each year on the anniversary date established by rule by the board of review established in 30-16-302."

Section 424. Section 81-21-102, MCA, is amended to read:

"81-21-102. Licensing of milk plants and dairies selling milk or cream for public consumption. (1) It is unlawful for the following businesses to operate in this state without first obtaining a license from the department:

(a) a dairy selling milk or cream for public consumption in the form in which it is originally produced;

(b) a condensed, evaporated, or powdered milk plant;

(2) A license expires on December 31 of the year issued. The department may, following the procedures in the Montana Administrative Procedure Act, deny, suspend, or revoke a license when it determines that a person to whom the license is issued has failed to comply with the rules of the department or has failed to conduct his establishment in a sanitary manner. All license fees collected ~~shall~~ must be deposited into the general fund.

(3) The department may issue a restraining order prohibiting a dairy from selling or giving away milk or cream not produced or handled under the laws of this state or the rules of the department. It is unlawful for a dairy, while restrained, to sell or give away for public consumption milk or cream produced or handled by the dairy, and it is also unlawful for a dairy products manufacturing plant, milk plant, or cream station to purchase or use the cream or milk from a dairy while the dairy is restrained.

(4) The department shall establish license fees, in effect on November 3, 1998, for the following facilities:

(a) condensed, evaporated, or powdered milk factory;

(b) fluid milk plant; and

(5) A person violating this section is guilty of a misdemeanor."

Section 425. Section 81-22-102, MCA, is amended to read:

"81-22-102. General authority of department. (1) The department may regulate and establish sanitation standards for persons operating dairies producing milk for manufacturing purposes. The department may regulate and establish sanitation and quality standards for a person engaged in the processing of manufactured dairy products or of products made or sold in the semblance or imitation of dairy products in this state when those products made in semblance or imitation of dairy products are made in a manufactured dairy products plant.

(2) The department may adopt minimum standards for the production, transportation, grading, testing, use, processing, packaging, and storage of milk and cream used for manufacturing purposes and of manufactured dairy products.

(3) The department shall adopt rules and establish fees, in effect on November 3, 1998, for licenses for selling or producing milk as required by 81-23-202."

Section 426. Section 81-22-204, MCA, is amended to read:

"81-22-204. License required for milk or cream route. It is unlawful for a person to engage in hauling milk or cream on an established milk or cream route for a manufactured dairy products plant, milk plant, or milk or cream station without first procuring a license from the department. The department shall establish a fee, in effect on November 3, 1998, for the license."

Section 427. Section 81-22-205, MCA, is amended to read:

"81-22-205. Examination and licensing of persons engaged in testing. (1) A person may not operate a butterfat, protein, solids, or other component content test where milk or cream is bought and paid for on the basis of these values without first passing an appropriate examination and obtaining the license required by the department. A person desiring to operate these tests shall apply to the department for permission to take the butterfat, protein, solids, or other component content test operator's examination. The examination ~~shall~~ must be given to the applicant by the department. On passing the examination to the satisfaction of the department, the applicant ~~shall~~ must be issued a license authorizing ~~him~~ the person to conduct these tests in this state. The department shall establish a fee, in effect on November 3, 1998, to be paid for each license and for each renewal.

(2) Milk and cream tester's licenses may be revoked, suspended, or denied where testing is not conducted under official test procedures or under department rules. If the tester regularly or habitually reports results below the actual values of the butterfat, protein, solids, or other compound component values, the licensee is subject to the penalties provided in this chapter. A person who alters the results of an official test is subject to the penalties provided in this chapter."

Section 428. Section 81-22-208, MCA, is amended to read:

"81-22-208. Licenses and schedule of license fees. (1) Licenses and license fees, in effect on November 3, 1998, required under this part must be established by the department for the following facilities and activities:

(a) a manufactured dairy products plant. However, a plant license is not required of a food service establishment licensed by the department of public health and human services, as defined in 50-50-102, and a license is not required to manufacture nondairy products when only nondairy products are manufactured.

(b) a cream station. However, a license is not required if the cream station is owned and operated by a licensed plant, but the milk and cream, equipment, premises, and means of transporting milk or cream is subject to official inspection.

(c) a dairy producing milk for manufacturing purposes. However, a dairy license is not required if the dairy farm is licensed by the department to produce and sell milk or cream in the form in which it is originally produced as required by 81-21-102.

(d) a grader-weigher-sampler, tester, and hauler. However, a separate grader-weigher-sampler, tester, and hauler license is required whether a person performing these activities owns and operates the plant, is employed by the plant, or is self-employed.

(2) A license is valid on the date issued and expires on December 31 of that year unless suspended or revoked by the department. A license must be renewed by the first January 31 following the expiration date. A license renewal application form may be supplied by the department. When the license renewal application form is returned to the department, it must be accompanied by the correct license fee. A license must be posted in conspicuous view at the place of business. A license is not transferable from place to place or from person to person. A penalty fee in an amount established by a rule of the department may be imposed by it on a person who fails to apply for renewal of a license if under this part that person is required to be licensed.

(3) All license fees collected must be deposited in the general fund."

Section 429. Section 81-23-105, MCA, is amended to read:

"81-23-105. Testing of milk. (1) For the purpose of determining the value of milk supplied by producers during routine audits of milk processing plants that receive raw milk directly from producers, the department may establish a program of testing raw milk.

(2) The department may levy an assessment, in effect on November 3, 1998, on licensed producers to secure the necessary funds to administer this program. This assessment is in addition to those provided in 81-23-202.

(3) All personnel employed in the sampling and testing program must be licensed by the animal health division of the department.

(4) The department may conduct all types of sampling, grading, and testing techniques that the department considers necessary to carry out the intent of this section."

Section 430. Section 81-23-202, MCA, is amended to read:

"81-23-202. Licenses -- disposition of income. (1) A producer, producer-distributor, distributor, or jobber may not engage in the business of producing or selling milk subject to this chapter in this state without first having obtained a license from the department, as provided in 81-22-202, or, in the case of milk entering this state from another state or foreign nation, without complying with the requirements of the Montana Food, Drug, and Cosmetic Act and without being licensed under this chapter by the department. The annual fee for the license from the department is $2 and is due before July 1 and must be deposited by the department to the credit of the general fund. The license required by this chapter is in addition to any other license required by state law or any municipality of this state. This chapter applies to every part of the state of Montana.

(2) In addition to the annual license fee, the department shall, in each year, before April 1, for the purpose of securing funds to administer and enforce this chapter, levy an assessment, in effect on November 3, 1998, upon producers, producer-distributors, and distributors as follows:

(a) a fee per hundredweight on the total volume of all milk subject to this chapter produced and sold by a producer-distributor;

(b) a fee per hundredweight on the total volume of all milk subject to this chapter sold by a producer;

(c) a fee per hundredweight on the total volume of all milk subject to this chapter sold by a distributor, excepting that which is sold to another distributor.

(3) The department shall adopt rules in effect on November 3, 1998, fixing the amount of each fee. The amounts may not exceed levels sufficient to provide for the administration of this chapter. The fee assessed on a producer or on a distributor may not be more than one-half the fee assessed on a producer-distributor.

(4) In addition to the fees established in subsections (1) through (3), the department shall assess a fee of 14.97 cents per hundredweight on the volume of class I milk produced and sold by a producer to be used for the administration of the milk inspection and milk diagnostic laboratory functions of the department. The board shall include this fee in its formulas for fixing by rule the minimum producer prices for class I milk in 81-23-302.

(5) The assessments upon producer-distributors, producers, and distributors must be paid quarterly before January 15, April 15, July 15, and October 15 of each year. The amount of the assessments must be computed by applying the fee designated by the department and the fee established in subsection (4) to the volume of milk sold in the preceding calendar quarter.

(6) Failure of a producer, producer-distributor, or distributor to pay an assessment when due is a violation of this chapter, and a license under this chapter automatically terminates and is void. A terminated license must be reinstated by the department upon payment of a delinquency fee equal to 30% of the assessment that was due.

(7) All assessments required by this chapter must be deposited by the department in the state special revenue fund. All costs of administering chapter 22 and this chapter, including the salaries of employees and assistants, per diem and expenses of board members, and all other disbursements necessary to carry out the purpose of chapter 22 and this chapter, must be paid out of the board money in that fund.

(8) The department may, if it finds the costs of administering and enforcing this chapter can be derived from lower rates, amend its rules to fix the rates at a less amount on or before April 1 in any year."

Section 431. Section 82-4-335, MCA, is amended to read:

"82-4-335. Operating permit -- limitation -- fees. (1) A person may not engage in mining, ore processing, or reprocessing of tailings or waste material, construct or operate a hard-rock mill, use cyanide ore-processing reagents, or disturb land in anticipation of those activities in the state without first obtaining an operating permit from the department. A separate operating permit is required for each complex.

(2) A small miner who intends to use a cyanide ore-processing reagent shall obtain an operating permit for that part of the small miner's operation where the cyanide ore-processing reagent will be used or disposed of.

(3) Prior to receiving an operating permit from the department, a person shall pay the basic permit fee of $25. The department may require a person who is applying for a permit pursuant to subsection (1) to pay an additional fee, in effect on November 3, 1998, not to exceed the actual amount of contractor and employee expenses beyond the normal operating expenses of the department whenever those expenses are reasonably necessary to provide for timely and adequate review of the application, including any environmental review conducted under Title 75, chapter 1, parts 1 and 2. The board may further define these expenses by rule in effect on November 3, 1998. Whenever the department determines that an additional fee is necessary and the additional fee will exceed $5,000, the department shall notify the applicant that a fee must be paid and submit to the applicant an itemized estimate of the proposed expenses. The department shall provide the applicant an opportunity to review the department's estimated expenses. The applicant may indicate which proposed expenses the applicant considers duplicative or excessive, if any.

(4) The person shall submit an application on a form provided by the department, which must contain the following information and any other pertinent data required by rule:

(a) name and address of the operator and, if a corporation or other business entity, the name and address of its officers, directors, owners of 10% or more of any class of voting stock, partners, and the like and its resident agent for service of process, if required by law;

(b) minerals expected to be mined;

(d) expected starting date of operations;

(e) a map showing the specific area to be mined and the boundaries of the land that will be disturbed, topographic detail, the location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area, and the location of proposed access roads to be built;

(f) the names and addresses of the owners of record and any purchasers under contracts for deed of the surface of the land within the permit area and the owners of record and any purchasers under contracts for deed of all surface area within one-half mile of any part of the permit area, provided that the department is not required to verify this information;

(g) the names and addresses of the present owners of record and any purchasers under contracts for deed of all minerals in the land within the permit area, provided that the department is not required to verify this information;

(h) the source of the applicant's legal right to mine the mineral on the land affected by the permit, provided that the department is not required to verify this information;

(i) types of access roads to be built and manner of reclamation of road sites on abandonment;

(j) a plan which will provide, within limits of normal operating procedures of the industry, for completion of the operation;

(k) ground water and surface water hydrologic data gathered from a sufficient number of sources and length of time to characterize the hydrologic regime;

(l) a plan detailing the design, operation, and monitoring of impounding structures, including but not limited to tailings impoundments and water reservoirs, sufficient to ensure that the structures are safe and stable;

(m) a plan identifying methods to be used to monitor for the accidental discharge of objectionable materials and remedial action plans to be used to control and mitigate discharges to surface or ground water; and

(n) an evaluation of the expected life of any tailings impoundment or waste area and the potential for expansion of the tailings impoundment or waste site.

(5) Except as provided in subsection (7), the permit provided for in subsection (1) for a large-scale mineral development as defined in 90-6-302 must be conditioned to provide that activities under the permit may not commence until the impact plan is approved under 90-6-307 and until the permittee has provided a written guarantee to the department and to the hard-rock mining impact board of compliance within the time schedule with the commitment made in the approved impact plan, as provided in 90-6-307. If the permittee does not comply with that commitment within the time scheduled, the department, upon receipt of written notice from the hard-rock mining impact board, shall suspend the permit until it receives written notice from the hard-rock mining impact board that the permittee is in compliance.

(6) When the department determines that a permittee has become or will become a large-scale mineral developer pursuant to 82-4-339 and 90-6-302 and provides notice as required under 82-4-339, within 6 months of receiving the notice, the permittee shall provide the department with proof that the permittee has obtained a waiver of the impact plan requirement from the hard-rock mining impact board or that the permittee has filed an impact plan with the hard-rock mining impact board and the appropriate county or counties. If the permittee does not file the required proof or if the hard-rock mining impact board certifies to the department that the permittee has failed to comply with the hard-rock mining impact review and implementation requirements in Title 90, chapter 6, parts 3 and 4, the department shall suspend the permit until the permittee files the required proof or until the hard-rock mining impact board certifies that the permittee has complied with the hard-rock mining impact review and implementation requirements.

(7) Compliance with 90-6-307 is not required for exploration and bulk sampling for metallurgical testing when the aggregate samples are less than 10,000 tons.

(8) A person may not be issued an operating permit if:

(a) that person's failure to comply with the provisions of this part, the rules adopted under this part, or a permit or license issued under this part has resulted in the forfeiture of a bond, unless that person meets the conditions described in 82-4-360;

(b) that person has not paid a penalty for which the department has obtained a judgment pursuant to 82-4-361;

(c) that person has failed to post a reclamation bond required by 82-4-305, unless the department has certified that the area for which the bond should have been posted has been reclaimed by that person or reclaimed by the department and the person has reimbursed the department for the cost of the reclamation;

(d) that person has failed to comply with an abatement order issued pursuant to 82-4-362, unless the department has completed the abatement and the person has reimbursed the department for the cost of abatement.

(9) A person may not be issued a permit under this part unless, at the time of submission of a bond, the person provides the current information required in subsection (4)(a) and:

(a) (i) certifies that the person is not currently in violation in this state of any law, rule, or regulation of this state or of the United States pertaining to air quality, water quality, or mined land reclamation; or

(ii) presents a certification by the administering agency that the violation is in the process of being corrected to the agency's satisfaction or is the subject of a bona fide administrative or judicial appeal; and

(b) if the person is a partnership, corporation, or other business association, provides the certification required by subsection (9)(a)(i) or (9)(a)(ii), as applicable, for any partners, officers, directors, owners of 10% or more of any class of voting stock, and business association members."

Section 432. Section 82-11-118, MCA, is amended to read:

"82-11-118. Fees for processing applications. (1) The board shall establish a fee schedule, in effect on November 3, 1998, to defray the expenses incurred for processing an application from an operator or producer of oil seeking approval of a new or expanded enhanced recovery project, as defined in 15-36-303. The fee must be paid by the owner or operator seeking approval of the project.

(2) The board shall, by rule, determine the amount of the fee based on the complexity of processing the application."

Section 433. Section 82-11-137, MCA, is amended to read:

"82-11-137. Class II injection well operating fee. (1) For the purpose of providing funds for defraying the expenses of operating and enforcing the class II injection well regulatory program, as defined by the federal environmental protection agency or any successor agency, each operator of a class II injection well may be required to pay an annual operating fee not to exceed $300 per injection well.

(2) The department shall collect the operating fee at ~~such~~ the time as that the board may prescribe by rule. All money collected under this section must be forwarded to the state treasurer for deposit in the state special revenue fund and must be used for the purpose prescribed in subsection (1).

(3) The board shall, by rule adopted pursuant to the provisions of the Montana Administrative Procedure Act and in effect on November 3, 1998, fix the amount of the fee described in subsection (1) and may from time to time reduce ~~or increase~~ the amount ~~thereof~~ of the fee as the expenses chargeable against the state special revenue fund may require. However, the assessment fixed by the board may not exceed the limits prescribed in subsection (1). The amount of the fee must be expressed in dollars."

Section 434. Section 82-15-105, MCA, is amended to read:

"82-15-105. Licenses and fees -- status of license on transfer of ownership. (1) A petroleum dealer or liquefied petroleum dealer may not do business in this state until licensed by the department. The license must be obtained by the dealer by making application to the department upon blank forms provided by the department. A dealer who has not been issued a license and who is found selling, offering for sale, delivering, or distributing petroleum products shall upon conviction be punished as provided by this part.

(2) The department shall adopt rules in effect on November 3, 1998, establishing license fees based upon the measuring devices used by the dealer. The fees may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party. The fees must be deposited in the state special revenue fund of the department for use in administrating and enforcing this part.

(3) All licenses are annual and expire on the anniversary date established by rule by the board of review established in 30-16-302. There is an additional charge of 50% on all license fees that are not paid before March 1 of each year in which the vehicle tank, meter, or measuring device is in use. If the fee is not paid, the equipment must be sealed and removed from service by the department. It is unlawful for anyone to use a device removed from service or to break the seal until all fees have been paid.

(4) If ownership of a measuring device changes and the device:

(a) remains at the same location, the license transfers to the new owner and remains in effect until December 31 of that year;

(b) is moved to a new location, the license is void, and the new owner shall:

(i) apply for a new license that will expire on the anniversary date of that year, as provided in subsection (3); and

(ii) pay the applicable fees."

Section 435. Section 82-15-108, MCA, is amended to read:

"82-15-108. Approved measure required for part delivery. Part of a compartment delivery may be made only by an approved, calibrated, and sealed meter or an approved measure. Gauge stick measurement is not permitted. All tank markers must be positioned and sealed as provided by the department. The department shall fix fees by rule ~~fees~~ in effect on November 3, 1998, for retesting meters or measuring devices or vehicle tanks used for distribution by petroleum or liquefied petroleum dealers and for any other special service rendered."

Section 436. Section 85-2-113, MCA, is amended to read:

"85-2-113. Department powers and duties. (1) The department may prescribe fees or service charges, in effect on November 3, 1998, for any public service rendered by the department under this chapter, including fees for the filing of applications or for the issuance of permits and certificates, for rulemaking hearings under 85-2-319, for administrative hearings conducted under this chapter, for investigations concerning permit revocation, for field verification of issued and completed permits, and for all change approvals. There may not be fees for any action taken by the department at the request of the water judge or for the issuance of certificates of existing rights.

(2) The department may adopt rules necessary to implement and carry out the purposes and provisions of this chapter. These rules may include but are not limited to rules to:

(a) govern the issuance and terms of interim permits authorizing an applicant for a regular permit under this chapter to begin appropriating water immediately, pending final approval or denial by the department of the application for a regular permit;

(b) require the owner or operator of appropriation facilities to install and maintain suitable controlling and measuring devices, except that the department may not require a meter on a water well outside of a controlled ground water area or proposed controlled ground water area unless the maximum appropriation of the well is in excess of the limitation contained in 85-2-306(1);

(c) require the owner or operator of appropriation facilities to report to the department the readings of measuring devices at reasonable intervals and to file reports on appropriations; and

(d) regulate the construction, use, and sealing of wells to prevent the waste, contamination, or pollution of ground water.

(3) The department shall adopt rules providing for and governing temporary emergency appropriations, without prior application for a permit, necessary to protect lives or property.

(4) (a) The department shall adopt rules to require the owner or operator of an appropriation facility on a watercourse or portions of a watercourse identified as chronically dewatered by the department under 85-2-150 to acquire, install, and maintain a suitable controlling and measuring device no later than 2 years after designation of the watercourse or portions of the watercourse as chronically dewatered, except that when the department specifically finds that the installation of measuring devices along the entire watercourse or portions of the watercourse is not practicable within the 2-year deadline, it may establish a later deadline.

(b) For the purposes of subsection (4), an appropriation facility includes but is not limited to any method used to divert, impound, or withdraw water from a watercourse. Hydroelectric facilities that are using recognized methods of flow measurement, as determined by the department, are in compliance with subsection (4)."

Section 437. Section 85-2-426, MCA, is amended to read:

"85-2-426. Fee. (1) The department shall by rule prescribe a fee, in effect on November 3, 1998, ~~that will be no higher than necessary~~ to cover the cost to the department and the county clerk and recorder of processing the transfer certificate. The fee must be paid at the time of filing of the water right transfer certificate.

(2) The fee must be deposited in the water right appropriation account provided for in 85-2-318."

Section 438. Section 85-7-306, MCA, is amended to read:

"85-7-306. Development of water supply -- levy for expenses. The board of commissioners of ~~such~~ an irrigation district ~~shall have authority to~~ may develop the source of supply and increase the means of distribution of water to the end that all owners of water rights under the system ~~shall~~ receive the amount of water ~~which~~ that can be beneficially used upon their lands within the district. ~~The~~ Subject to Article VIII, section 17, of the Montana constitution, the board may levy against each irrigable acre of land in the district on account of administrative expenses, cost of maintenance and repairs, development of water supply, or enlargement of distribution facilities."

Section 439. Section 85-7-1952, MCA, is amended to read:

"85-7-1952. United States contracts -- assessments. In Subject to Article VIII, section 17, of the Montana constitution, in any contract entered into between an irrigation district and the United States ~~hereunder~~ after November 3, 1998, the board of commissioners shall have the power to levy assessments for the United States contract fund against all of the land within the district for any and all of the purposes enumerated in the laws of Montana. ~~and, in addition thereto, the power to~~ The board may levy assessments in compliance with ~~such~~ a contract, including ~~such~~ deficiency assessments as that will enable the district to meet established or estimated delinquencies in making payments to the United States because of the failure of landowners to pay the assessments levied against their lands in the district."

Section 440. Section 85-15-110, MCA, is amended to read:

"85-15-110. Rules. The department may adopt rules to implement the provisions of this chapter, including but not limited to rules to:

(1) classify high-hazard dams and reservoirs;

(2) review, approve, and issue permits;

(3) govern inspections under this chapter;

(4) establish safety standards for the design, construction, operation, and maintenance of high-hazard dams and reservoirs;

(5) establish emergency preparedness and warning procedures; and

(6) establish fees ~~commensurate with costs~~, in effect on November 3, 1998, to cover inspections under this chapter."

Section 441. Section 87-1-232, MCA, is amended to read:

"87-1-232. Tattoo records. (1) The department shall maintain a record of each animal reported to it pursuant to 87-1-231. The record shall indicate:

(a) the person by whom the animal was captured or is held in captivity;

(b) the location of the capture or captivity;

(d) the purpose of the captivity or capture; and

(e) any death, escape, release, transfer of custody, or other disposition of ~~such~~ an animal.

(2) The department shall establish by rule in effect on November 3, 1998, a fee to be charged~~, which may not exceed the administrative cost of~~ for maintaining the record required by this section."

Section 442. Section 87-2-104, MCA, is amended to read:

"87-2-104. Number of licenses allowed -- fees. (1) It is unlawful for any person to apply for, purchase, or possess more than one license of any one class or more than one special license for any one species listed in 87-2-701. This provision does not apply to Class B-4 licenses or to licenses issued under subsection (3) for game management purposes. However, when more than one license is authorized by the commission, it is unlawful to apply for, purchase, or possess more licenses than are authorized.

(2) The department may prescribe rules and regulations for the issuance or sale of a replacement license in the event the original license is lost, stolen, or destroyed upon payment of a fee, in effect on November 3, 1998, not to exceed $5.

(3) When authorized by the commission for game management purposes, the department may issue more than one Class A-3, Class A-4, Class B-7, Class B-8, or special antelope license to an applicant. An applicant for these game management licenses is not at the time of application required to hold any license or permit of that class.

(4) The fee for ~~any resident or~~ a nonresident license of any class issued under subsection (3) must be set annually by the department and may not exceed the regular fee provided by law for that class or species. The fee for a resident license is the amount in effect on November 3, 1998."

Section 443. Section 87-2-807, MCA, is amended to read:

"87-2-807. Taking migratory game birds for propagation -- avicultural permit. (1) The department may issue avicultural permits for taking, capturing, and possessing migratory game birds, as defined in 87-2-101(9), for the purpose of propagation. Before issuing an avicultural permit, the department shall determine that the applicant has been issued the appropriate federal permit or that the applicant will receive the appropriate federal permit subject to concurrence by the department.

(2) An avicultural permit issued under this section must specify:

(a) the species of migratory game birds allowed to be taken under the permit;

(b) whether eggs or hatched birds, or both, may be taken;

(d) areas in which collection may be made;

(e) means by which collection may be made;

(f) the time period for which the permit is valid; and

(g) any other conditions imposed by the department under rules adopted pursuant to subsection (5).

(3) Hatched migratory game birds or their eggs taken under an avicultural permit issued in accordance with this section remain the property of the state and may be disposed of only with the permission of the department. Progeny of hatched migratory game birds taken under permit as provided in this section become the private property of the holder of the permit who propagates the migratory game birds, and the owner may sell or transfer the birds as private property, subject to any applicable state or federal law or regulation.

(4) The department may charge a fee, in effect on November 3, 1998, for issuing an avicultural permit~~, if necessary, not to exceed the cost of issuing the permit~~.

(5) The department shall adopt rules implementing this section."

Section 444. Section 87-4-610, MCA, is amended to read:

"87-4-610. Fees for commercial taking of aquatic fish food organisms -- use of fees. (1) To finance the administration and enforcement of the provisions of 87-4-609, the department may by rule set reasonable fees, in effect on November 3, 1998, for:

(a) issuance of the permit required in 87-4-609; and

(b) use of traps, nets, or seines in Montana waters for the taking of aquatic fish food organisms.

(2) The department shall deposit any fees collected under the provisions of subsection (1) in the state special revenue fund for use by the department."

Section 445. Section 87-4-905, MCA, is amended to read:

"87-4-905. License and renewal fee -- deposit of fees. (1) Game bird farm license and annual renewal fees must be set by department rule in effect on November 3, 1998.

(2) The fees must be deposited in the state special revenue fund for the use of the department for purposes of this part."

Section 446. Section 87-4-1004, MCA, is amended to read:

"87-4-1004. License and renewal fee -- deposit. (1) Fur farm license and annual renewal fees must be set by department rule in effect on November 3, 1998.

(2) The fees must be deposited in the state special revenue fund for the use of the department for purposes of this part."

Section 447. Section 87-5-204, MCA, is amended to read:

"87-5-204. License and rules for falconry and raptors. (1) The commission shall adopt specific rules for the keeping of records and for the trapping, taking, possession by residents and nonresidents, selling or transfer of possession, or training of raptors used in the practice of falconry and may authorize the issuance of licenses to persons for the practice of falconry and set license qualifications and fees, in effect on November 3, 1998. Rules adopted under this section are intended to conform to standards and regulations adopted under federal law by being at least as restrictive. Except as provided in 87-5-210, it is unlawful for any person to possess a raptor or to train a raptor in the practice of falconry without a license.

(2) Licensees must have in possession a valid falconer's license when engaged in the practice of falconry. In addition, falconers loosing raptors at game birds must have in possession a valid resident or nonresident upland game bird license or waterfowl stamp, as appropriate.

(3) Falconry licenses or permits are not transferable and may be revoked for due cause at any time by the department."

Section 448. Section 87-5-210, MCA, is amended to read:

"87-5-210. Captive breeding of raptors -- permit -- transfer and revocation -- rules. (1) The department may grant permits to a person, whether or not licensed under this part, for the taking and holding of raptors for captive breeding purposes under such conditions, consistent with this part and with rules adopted by the commission, as the department may specify in the permit. The commission may set permit qualifications and fees, in effect on November 3, 1998, by rule.

(2) Captive breeding permits are not transferable and may be revoked at any time by the department for violation of any conditions of the permit or regulations of the commission.

(3) The commission shall adopt rules regarding raptors taken and held for captive breeding projects. Rules adopted under this section are intended to conform to standards and regulations adopted under federal law by being at least as restrictive."

Section 449. Section 87-5-401, MCA, is amended to read:

"87-5-401. Creation of game preserves and general provisions. (1) There are game preserves within the state for the better protection of all the game animals and birds within their limits. Except as otherwise provided in this part, no a person may not, within the limits of a game preserve created by the legislature or by the commission, hunt for, trap, capture, kill, or take game animals, fur-bearing animals, or birds of any kind. Within the limits of a preserve, a person may not carry or discharge firearms, create any unusual disturbance tending to frighten or drive away any of the game animals or birds, or chase them with dogs. The commission may declare any preserve open to the trapping of fur-bearing animals during the regular open season.

(2) Permits to capture animals or birds for the purpose of propagation or for scientific purposes, to trap fur-bearing animals, to destroy mountain lions, wolves, foxes, coyotes, wildcats, lynx, or other predatory animals or birds, or to carry firearms may be issued by the director upon the payment of the fee, in effect on November 3, 1998, and in accordance with rules established for the preserve by the commission."

Section 450. Section 90-8-106, MCA, is amended to read:

"90-8-106. Fees. The department may charge fees, in effect on November 3, 1998, ~~commensurate with costs~~ for the administration of this chapter. Fees for the administration of this chapter must be assessed to each qualified Montana capital company in a ratio proportionate to the tax credits allocated to the capital company divided by the total tax credits allocated to all qualified Montana capital companies."

Section 451. Section 90-8-313, MCA, is amended to read:

"90-8-313. Examination. (1) At least once a year the department shall examine the books and affairs of each Montana capital company and of the qualified Montana small business investment capital company. The examination must address the methods of operation and conduct of the business of the Montana capital company or of the Montana small business investment capital company to determine if the company is abiding by the purposes of this chapter and that the funds received by the company have been invested within the time limits required for a qualified Montana capital company or for the qualified Montana small business investment capital company in 90-8-301.

(2) The department may examine under oath any of the officers, directors, agents, employees, or investors of a Montana capital company regarding the affairs and business of the company. The department may issue subpoenas and administer oaths. Refusal to obey such a subpoena may at once be reported to the district court of the district in which the company is located, and the court shall enforce obedience to the subpoena in the manner provided by law.

(3) The cost of the annual review must be paid by each Montana capital company or by the Montana small business investment capital company in accordance with reasonable fees assessed by the department and in effect on November 3, 1998."

Section 452. Section 90-15-304, MCA, is amended to read:

"90-15-304. Availability of information. (1) Except as provided in subsection (3), the library shall make information from the natural resource information system available to local, state, and federal agencies and to the general public.

(2) The library may establish a fee system in effect on November 3, 1998, for information requests from the general public in order to cover the costs of providing requested information. The fee system for information requests from governmental agencies may be revised to cover the costs of providing the requested information.

(3) If necessary, the library shall establish procedures to protect confidential information in the possession of state agencies."

NEW SECTION. Section 453. Repealer. Section 75-1-204, MCA, is repealed.

NEW SECTION. Section 454. Code commissioner instructions. If a section amended in this act that establishes fees in the amount in effect on November 3, 1998, is amended to establish a specific fee, then the code commissioner shall remove the reference to November 3, 1998, for the fee that is amended.

NEW SECTION. Section 455. Effective date. [This act] is effective on passage and approval.

- END -

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