1999 Montana Legislature

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HOUSE BILL NO. 25

INTRODUCED BY PAVLOVICH B

BY REQUEST OF THE JOINT INTERIM SUBCOMMITTEE ON VETERANS' NEEDS



A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING THE COMMITTEE ON VETERANS' NEEDS AS A PERMANENT COMMITTEE; PROVIDING A STATUTORY APPROPRIATION; AMENDING SECTIONS 16-11-119 AND 17-7-502, MCA; AND PROVIDING AN EFFECTIVE DATE."



     WHEREAS, the Joint Interim Subcommittee on Veterans' Needs created by the 1993, 1995, and 1997 Legislatures provided an important liaison among state government, veterans' service organizations, and veterans; and

     WHEREAS, the 1997 Joint Interim Subcommittee on Veterans' Needs determined that establishment of a permanent Committee on Veterans' Needs would be of great service to Montana veterans.



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



     NEW SECTION.  Section 1.  Committee on veterans' needs. (1) There is a committee on veterans' needs. The committee is composed of eight members who are appointed as follows:

     (a) four members of the house of representatives, not more than two of whom may be from one political party, appointed by the speaker of the house; and

     (b) four members of the senate, not more than two of whom may be from one political party, appointed by the committee on committees.

     (2) In case of a vacancy, a replacement must be selected in the manner of the original appointment.

     (3) Members are entitled to salary and expenses as provided in 5-2-302.

     (4) The committee may request staff assistance from the legislative services division. The assistance may be provided within the limits established by the legislative services division, given other priorities and responsibilities.

     (5) Each state agency that provides services or funding for a program or services for veterans shall provide assistance and information upon request of the committee.



     NEW SECTION.  Section 2.  Duties of committee. The committee on veterans' needs shall:

     (1) provide a forum for the study of issues related to veterans' needs;

     (2) continue to follow up on the issues identified by the previous joint interim subcommittees on veterans' needs, as needed;

     (3) continue to review the continuum of veterans' services available throughout the state and the effects of federal changes and reform efforts;

     (4) study the role of and potential for additional federally funded veterans' programs in Montana; and

     (5) report its findings, conclusions, and recommendations to each regular session of the legislature.



     Section 3.  Section 16-11-119, MCA, is amended to read:

     "16-11-119.  Disposition of taxes. Cigarette taxes collected under the provisions of 16-11-111 must be allocated as follows: provided in this section. The first $5,000 collected each fiscal year is statutorily appropriated, as provided in 17-7-502, to the legislative services division for the support of the committee on veterans' needs. The total amount remaining after the statutory appropriation is allocated in the following percentages:

     (1)  The amount of 11.11% of the cigarette tax collected on each package of cigarettes must be deposited in the state special revenue fund to the credit of the department of public health and human services for the operation and maintenance of state veterans' nursing homes.

     (2)  The amount of 73.04% must, in accordance with the provisions of 15-1-501, be deposited in the state general fund.

     (3)  The amount of 15.85% must, in accordance with the provisions of 15-1-501, be deposited in the long-range building program account provided for in 17-7-205."



     Section 4.  Section 17-7-502, MCA, is amended to read:

     "17-7-502.  (Temporary) Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.

     (2)  Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:

     (a)  The law containing the statutory authority must be listed in subsection (3).

     (b)  The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.

     (3)  The following laws are the only laws containing statutory appropriations: 2-17-105; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-111; 15-23-706; 15-30-195; 15-31-702; 15-36-324; 15-36-325; 15-37-117; 15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-406; 16-1-411; 16-11-119; 16-11-308; 17-3-106; 17-3-212; 17-3-222; 17-6-101; 17-7-304; 18-11-112; 19-3-319; 19-6-709; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20-26-1503; 22-3-1004; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 42-2-105; 44-12-206; 44-13-102; 50-4-623; 53-6-703; 53-24-206; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 77-1-131; 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-161; 85-20-402; 87-1-513; 90-3-301; 90-4-215; 90-6-331; and 90-9-306.

     (4)  There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; pursuant to sec. 7(2), Ch. 29, L. 1995, the inclusion of 15-30-195 terminates July 1, 2001; pursuant to sec. 5, Ch. 461, L. 1997, the inclusion of 77-1-131 terminates October 1, 2003; and pursuant to secs. 13, 16(1), Ch. 549, L. 1997, the inclusion of 90-3-301 terminates July 1, 1999.)

     17-7-502.  (Effective July 1, 2008) Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.

     (2)  Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:

     (a)  The law containing the statutory authority must be listed in subsection (3).

     (b)  The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.

     (3)  The following laws are the only laws containing statutory appropriations: 2-17-105; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-23-706; 15-30-195; 15-31-702; 15-36-324; 15-36-325; 15-37-117; 15-38-202; 15-65-121; 15-70-101; 16-1-404; [16-1-406;] 16-1-411; 16-11-119; 16-11-308; 17-3-106; 17-3-212; 17-3-222; 17-5-404; 17-5-804; 17-6-101; 17-7-304; 18-11-112; 19-3-319; 19-6-709; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-205; 19-19-305; 19-19-506; 20-8-107; 20-9-361; 20-26-1503; 22-3-1004; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 42-2-105; 44-12-206; 44-13-102; 50-4-623; 50-5-232; 50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-5-1108; 75-6-214; 75-11-313; 77-1-505; 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-136; 82-11-161; 85-1-220; 85-20-402; 87-1-513; 90-4-215; 90-6-331; 90-7-220; 90-7-221; and 90-9-306.

     (4)  There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; and pursuant to sec. 68(2), Ch. 422, L. 1997, this version becomes effective July 1, 2008.)"



     NEW SECTION.  Section 5.  Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 5, and the provisions of Title 5 apply to [sections 1 and 2].



     NEW SECTION.  Section 6.  Effective date. [This act] is effective July 1, 1999.

- END -




Latest Version of HB 25 (HB0025.01)
Processed for the Web on December 3, 1998 (10:37AM)

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