House Bill No. 194
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act establishing the Montana historic and cultural preservation fund; authorizing the issuance of revenue bonds for the purchase of properties in Virginia City and Nevada City; appropriating proceeds from the sale of bonds to the Montana historical society for the purchase of properties in Virginia City and Nevada City; imposing a 5 percent tax on rental cars to service the bonds and provide for ongoing historic and cultural preservation activities; authorizing the Montana historical society to oversee administration of Virginia City, Nevada City, and other historic and culturally significant properties; and providing an immediate effective date."
Be it enacted by the Legislature of the State of Montana:
NEW SECTION. Section 1. Short title. [Sections 1 through 4] may be known as the "Montana Historic and Cultural Preservation Fund Act".
NEW SECTION. Section 2. Historic and cultural preservation fund. (1) There is established a Montana historic and cultural preservation fund in the state special revenue account.
(2) Money deposited in the fund from the tax imposed by [section 5] must be used to:
(a) service revenue bonds issued for:
(i) the purchase of properties in Virginia City and Nevada City; and
(ii) restoration, maintenance, and operation of historic properties in Virginia City and Nevada City; and
(b) purchase, restore, and maintain historic and culturally significant properties in Montana that are in need of preservation.
NEW SECTION. Section 3. Administration of Virginia City, Nevada City, and other significant properties. (1) The Montana historical society is authorized to take title of the Virginia City and Nevada City properties purchased pursuant to [section 2]. Subject to subsection (2), the historical society shall oversee the administration of the properties, including all undeveloped land, buildings, facilities, and artifacts.
(2) The Montana historical society may not take title of Virginia City and Nevada City properties under subsection (1) until it enters a contract with an appropriate and approved entity that agrees to assume full responsibility for the management, maintenance, and operation of Virginia City, Nevada City, and associated properties. The nonprofit corporation shall agree that major changes or modifications to the property will be done only upon approval by the Montana historical society.
(3) The Montana historical society is authorized to evaluate other significant historic and cultural properties in need of preservation and to take title to these properties as the historical society believes is warranted. The historical society shall oversee the administration of any property acquired under [section 2(2)(b)] and this subsection.
NEW SECTION. Section 4. Authority to issue revenue bonds. The board of examiners may issue and sell $9.5 million in rental car tax revenue bonds to finance the purchase of properties in Virginia City and Nevada City. The bonds must be issued pursuant to Title 17, chapter 5.
NEW SECTION. Section 5. Rental car tax -- collection -- distribution of proceeds. (1) There is imposed on the user of a rental car a tax at a rate equal to 5% of the charge to rent a car.
(2) (a) The owner or operator of a rental car company shall collect the tax imposed by subsection (1).
(b) At the end of each calendar quarter, the rental car company owner or operator shall report to the department the gross receipts collected during that quarter attributable to rental car charges. The report is due on or before the last day of the month following the end of the calendar quarter and must be accompanied by a payment in an amount equal to the tax required to be collected under subsection (1).
(3) The rental car company is subject to the audits, recordkeeping and registration requirements, penalties, and credit for overpayment described in 15-65-113 through 15-65-116.
(4) Proceeds from the rental car tax must be deposited in the historic and cultural preservation fund provided for in [section 2]. Money collected in this account must be used to:
(a) service bonds issued pursuant to [section 4]; and
(b) finance the purchase, restoration, and maintenance of historic and culturally significant properties in the state.
NEW SECTION. Section 6. Appropriation. There is appropriated to the Montana historical society $9.5 million in bond proceeds for the purchase of properties in Virginia City and Nevada City.
NEW SECTION. Section 7. Codification instruction. (1) [Sections 1 through 4] are intended to be codified as an integral part of Title 22, chapter 3, part 1, and the provisions of Title 22, chapter 3, part 1, apply to [sections 1 through 4].
(2) [Section 5] is intended to be codified as an integral part of Title 15, and the provisions of Title 15 apply to [section 5].
NEW SECTION. Section 8. Effective date. [This act] is effective on passage and approval.
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