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SENATE BILL NO. 26
INTRODUCED BY D. HARGROVE, COCCHIARELLA, SHEA, MCCARTHY, MCNUTT, EKEGREN, HERTEL, WATERMAN, MESAROS, STANG, TESTER, GLASER, WELLS, M. TAYLOR, KEATING, BARTLETT, BOHLINGER, CRISMORE, COLE, GROSFIELD, DEPRATU, MAHLUM, SPRAGUE, THOMAS, ROSE, BROWN
BY REQUEST OF THE DEPARTMENT OF REVENUE
AN ACT CHANGING THE COMPOSITION OF THE BOARD OF REVIEW FOR BUSINESS REGISTRATION AND LICENSING; ALLOWING ADDITIONAL STATE AGENCIES TO PARTICIPATE IN STREAMLINED BUSINESS REGISTRATION AND LICENSING PLANS; AUTHORIZING A TRANSFER OF FUNDS FROM PARTICIPATING AGENCIES FOR ADMINISTERING THE STREAMLINED BUSINESS REGISTRATION AND LICENSING PLANS; AMENDING SECTIONS 30-16-302 AND 30-16-303, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 30-16-302, MCA, is amended to read:
"30-16-302. Board of review. (1) There is a board of review. The board of review's duty is to provide policy direction
to the department of revenue in the establishment and operation of the system. The board of review includes the directors of
the departments of agriculture, commerce, environmental quality, livestock, revenue, justice, and public health and human
services, the secretary of state,
the director of the office of budget and program planning, the commissioner of labor and
industry, the president of the senate or a designee, and the speaker of the house or a designee. If an agency that is not a
member of the board of review requests inclusion in the streamlined registration and licensing plan as provided in 30-16-303,
that agency's director must be appointed to the board of review.
(2) The governor shall appoint a presiding officer from among the members of the board of review.
(3) The board of review shall meet at the call of the presiding officer at least once each calendar quarter to:
(a) establish interagency policy and guidelines for the plan;
(b) review the findings, status, and problems of system operations and recommend courses of action; and
(c) receive reports from industry and agency task forces that the board of review may request to inquire into particular
;. and (d) recommend, in questionable cases, whether a particular license falls within the scope of this chapter.
In developing a recommended plan for streamlined registration and licensing procedures, the board of review shall
consider the experience gained from the consolidated employer registration process implemented by the department of
revenue and the department of labor and industry. The board of review may implement a plan for streamlined registration
and licensing to include licenses not specified in 30-16-301, as provided in 30-16-303."
Section 2. Section 30-16-303, MCA, is amended to read:
"30-16-303. Participation of state agencies. (1) The legislature directs full participation in the implementation of this chapter by:
(1)(a) the departments of agriculture, commerce, environmental quality, revenue, justice, labor and industry, and public
health and human services; (2)(b) the secretary of state; (3)(c) the public service commission; and (4)(d) other agencies as directed by the governor.
(2) The board of review may include licenses not specified in 30-16-301 in a plan for streamlined registration and licensing if:
(a) the agency administering the license requests that the license be included in the plan;
(b) the board of review approves including the license by a majority vote of a quorum of the board of review; and
(c) licensees affected by the license's inclusion in the plan are given 60 days' notice of the plan's implementation and the notice sets forth in detail the changes in the licensing procedures.
(3) If a license is included in a streamlined registration and licensing plan pursuant to subsection (2):
(a) the agency administering the license may provide for a variance in the timing of the payment of the license fee and a variance in the application form, filing date, and penalty provisions in order to conform with the plan's criteria;
(b) the board of review shall provide for the equitable proration to the agency administering the license of any fees paid by a licensee prior to the plan's implementation; and
(c) the license must be processed and issued by the department of revenue as provided in this chapter.
(4) In order to defray the costs associated with administering a streamlined registration and licensing plan, the department may require a transfer of funds from the participating agencies. The amount of funds transferred by an agency must be based on the number of licenses processed and issued on behalf of that agency versus the total number of licenses processed and issued under the streamlined registration and licensing plan."
Section 3. Effective date. [This act] is effective on passage and approval.
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Latest Version of SB 26 (SB0026.ENR)
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