2007 Montana Legislature

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SENATE BILL NO. 413

INTRODUCED BY MOSS, MUSGROVE


AN ACT CLARIFYING REQUIREMENTS FOR THE DEPOSIT OF MONEY RECEIVED BY STATE AGENCIES; PROVIDING A PROCESS FOR A STATE AGENCY TO PROPOSE AND RECEIVE APPROVAL FOR A SPECIAL DEPOSIT SCHEDULE FOR MONEY COLLECTED BY THE AGENCY; AND AMENDING SECTIONS 15-1-232, 17-6-105, 23-1-105, 81-3-107, AND 87-1-601, MCA.

 

AN ACT CLARIFYING REQUIREMENTS FOR THE DEPOSIT OF MONEY RECEIVED BY STATE AGENCIES; PROVIDING A PROCESS FOR A STATE AGENCY TO PROPOSE AND RECEIVE APPROVAL FOR A SPECIAL DEPOSIT SCHEDULE FOR MONEY COLLECTED BY THE AGENCY; AND AMENDING SECTIONS 15-1-232, 17-6-105, 23-1-105, 81-3-107, AND 87-1-601, MCA.

 

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

 

     Section 1.  Section 15-1-232, MCA, is amended to read:

     "15-1-232.  Deposit of money. Money received by the department from the collection of taxes, fees, and debts is not subject to the timely deposit requirements of 17-6-105(6). The department shall deposit all money within a reasonable time after receipt unless the department has submitted and received approval for a modified deposit schedule pursuant to 17-6-105(8)."

 

     Section 2.  Section 17-6-105, MCA, is amended to read:

     "17-6-105.  State treasurer as treasurer of state agencies -- deposits of money. (1) The state treasurer is designated the treasurer of every state agency and institution.

     (2) All state agencies and institutions shall deposit all money, credits, evidences of indebtedness, and securities either:

     (a) in banks, building and loan associations, savings and loan associations, or credit unions located in the city or town in which the agencies and institutions are situated, if there is a qualified bank, building and loan association, savings and loan association, or credit union in the city or town as designated by the state treasurer with the approval of the board of investments; or

     (b) with the state treasurer.

     (3)  Each bank, building and loan association, savings and loan association, or credit union shall pledge securities sufficient to cover 50% of the deposits at all times.

     (4)  The deposits must be made in the name of the state treasurer, must be subject to withdrawal at his the treasurer's option, and must draw interest as other state money, in accordance with the provisions of this part.

     (5)  Nothing in this This chapter shall does not impair or otherwise affect any covenant entered into pursuant to law by any agency or institution respecting the segregation, deposit, and investment of any revenues revenue or funds pledged for the payment and security of bonds or other obligations authorized to be issued by the agency, and all the funds must be deposited and invested in accordance with the covenants notwithstanding any provision of this chapter.

     (6)  Except as otherwise provided by law and subject to subsection (8), all money, credits, evidences of indebtedness, and securities received by a state agency or institution must be deposited either with the state treasurer or in a depository approved by the state treasurer each day when the accumulated amount of coin and currency requiring deposit exceeds $100 $200 or total collections exceed $500 $750. All money, credits, evidences of indebtedness, and securities collected must be deposited at least weekly.

     (7)  Notwithstanding any other provision of state law, when Whenever the department determines that it is determined to be in the best financial interest of the state, the department may require any money received or collected by any agency of the state to be immediately deposited to the credit of the state treasurer.

     (8) (a) An agency may propose a modified deposit schedule, including proposed internal controls, to the department that is different from the deposit schedule requirements of subsection (6). Upon receiving a proposal, the department shall transmit a copy of the proposal to the board of investments. The department shall review the proposal to ensure that deposits are made at least weekly, unless the requesting agency shows hardship due to peak processing times.

     (b) (i) The department shall review the proposal to ensure adequate internal controls over amounts to be deposited.

     (ii) The board of investments shall review the proposal to ensure that state assets and earnings on the assets are maximized.

     (c) (i) If the department and the board of investments each approves of the proposal, the department shall notify the agency that the proposal is approved and the department and the agency may proceed to implement the proposal.

     (ii) If the department or the board of investments disapproves the proposal, the department shall notify the agency that the proposal is disapproved.

     (9) On or before September 15 immediately preceding a regular legislative session, the department shall submit to the legislative fiscal analyst and the legislative auditor a report detailing all active accounts for which a modified deposit schedule has been approved under subsection (8).

     (10) For the purposes of this section, "agency" has the meaning provided in 17-1-104 and includes a contractor of an agency if the contractor collects at least $50,000 annually on behalf of the state from all sources."

 

     Section 3.  Section 23-1-105, MCA, is amended to read:

     "23-1-105.  Fees and charges. (1) The department may levy and collect reasonable fees or other charges for the use of privileges and conveniences that may be provided and to grant concessions that it considers advisable, except as provided in subsections (2) and (6). All money derived from the activities of the department, except as provided in subsection (5), 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(6). The department shall deposit money collected under this section within a reasonable time after receipt unless the department has submitted and received approval for a modified deposit schedule pursuant to 17-6-105(8).

     (5)  There is a fund of the enterprise fund type, as defined in 17-2-102(2)(a), for the purpose of managing state park visitor services revenue. The fund is to be used by the department to serve the recreating public by providing for the obtaining of inventory through purchase, production, or donation and for the sale of educational, commemorative, and interpretive merchandise and other related goods and services at department sites and facilities. The fund consists of money from the sale of educational, commemorative, and interpretive merchandise and other related goods and services and from donations. Gross revenue from the sale of educational, commemorative, and interpretive merchandise and other related goods and services must be deposited in the fund. All interest and earnings on money deposited in the fund must be credited to the fund for use as provided in this subsection.

     (6)  In recognition of the fact that individuals support state parks through the payment of certain motor vehicle registration fees, persons who pay the fee provided for in 61-3-321(18)(a) may not be required to pay a day-use fee for access to state parks. Other fees for the use of state parks and fishing access sites, such as overnight camping fees, are still chargeable and may be collected by the department."

 

     Section 4.  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 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 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 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(6) but must be deposited by the department within a reasonable time after receipt unless the department has submitted and received approval for a modified deposit schedule pursuant to 17-6-105(8)."

 

     Section 5.  Section 87-1-601, MCA, is amended to read:

     "87-1-601.  Use of fish and game money. (1) (a) Except as provided in subsections (7) and (9), all money collected or received from the sale of hunting and fishing licenses or permits, from the sale of seized game or hides, from damages collected for violations of the fish and game laws of this state, or from appropriations or received by the department from any other state source must be turned over to the department of revenue and placed in the state special revenue fund to the credit of the department.

     (b)  Any money received from federal sources must be deposited in the federal special revenue fund to the credit of the department.

     (c)  All interest earned on money from the following sources must be placed in the state special revenue fund to the credit of the department:

     (i)  the general license account;

     (ii) the license drawing account;

     (iii) accounts established to administer the provisions of 87-1-246, 87-1-258, 87-1-605, 87-2-411, 87-2-722, and 87-2-724; and

     (iv) money received from the sale of any other hunting and fishing license.

     (2)  Except as provided in 87-2-411, the money described in subsection (1) must be exclusively set apart and made available for the payment of all salaries, per diem, fees, expenses, and expenditures authorized to be made by the department under the terms of this title. The money described in subsection (1) must be spent for those purposes by the department, subject to appropriation by the legislature.

     (3)  Any reference to the fish and game fund in Title 87 means fish and game money in the state special revenue fund and the federal special revenue fund.

     (4)  Except as provided in subsections (7) and (8), all money collected or received from fines and forfeited bonds, except money collected or received by a justice's court, that relates to violations of state fish and game laws under Title 87 must be deposited by the department of revenue and credited to the department in a state special revenue fund account for this purpose. Out of any fine imposed by a court for the violation of the fish and game laws, the costs of prosecution must be paid to the county where the trial was held in any case in which the fine is not imposed in addition to the costs of prosecution.

     (5)  (a) Except as provided in section 2(3), Chapter 560, Laws of 2005, money must be deposited in an account in the permanent fund if it is received by the department from:

     (i)  the sale of surplus real property;

     (ii) exploration or development of oil, gas, or mineral deposits from lands acquired by the department, except royalties or other compensation based on production; and

     (iii) leases of interests in department real property not contemplated at the time of acquisition.

     (b)  The interest derived from the account, but not the principal, may be used only for the purpose of operation, development, and maintenance of real property of the department and only upon appropriation by the legislature. If the use of money as set forth in this section would result in violation of applicable federal laws or state statutes specifically naming the department or money received by the department, then the use of this money must be limited in the manner, method, and amount to those uses that do not result in a violation.

     (6)  Money received from the collection of license drawing applications is not subject to the deposit requirements of 17-6-105(6). The department shall deposit license drawing application money within a reasonable time after receipt unless the department has submitted and received approval for a modified deposit schedule pursuant to 17-6-105(8).

     (7)  Money collected or received from fines or forfeited bonds for the violation of 77-1-801, 77-1-806, or rules adopted under 77-1-804 must be deposited in the state general fund.

     (8)  The department of revenue shall deposit in the state general fund one-half of the money received from the fines pursuant to 87-1-102.

     (9)  (a) The department shall deposit all money received from the search and rescue surcharge in 87-2-202 in a state special revenue account to the credit of the department for search and rescue purposes as provided for in 10-3-801.

     (b)  Upon certification by the department of reimbursement requests submitted by the department of military affairs for search and rescue missions involving persons engaged in hunting, fishing, or trapping, the department may transfer funds from the special revenue account to the search and rescue account provided for in 10-3-801 to reimburse counties for the costs of those missions as provided in 10-3-801.

     (c)  Using funds in the department's search and rescue account that are not already committed to reimbursement for search and rescue missions, the department may provide matching funds to the department of military affairs to reimburse counties for search and rescue training and equipment costs up to the proportion that the number of search and rescue missions involving persons engaged in hunting, fishing, or trapping bears to the statewide total of search and rescue missions.

     (d)  Any money deposited in the special revenue account in a fiscal year is available for reimbursement of search and rescue missions and to provide matching funds during the fiscal year when the money is deposited and during the following fiscal year. After this period, any money remaining in the special revenue account after the transfers provided for in this section must be transferred to the general license account of the department."

- END -

 


Latest Version of SB 413 (SB0413.ENR)
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