reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 1. Federal Assistance Management › 17-3-108. Approved budget amendment

17-3-108. Approved budget amendment.
Financing for new or expanded programs from federal assistance program sources may be made available only by approved budget amendment.
History: En. 79-2707 by Sec. 7, Ch. 259, L. 1975; amd. Sec. 9, Ch. 61, L. 1977; R.C.M. 1947, 79-2707; amd. Sec. 1, Ch. 109, L. 1993.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 1. Federal Assistance Management › 17-3-109. Repealed

17-3-109. Repealed.
Sec. 19, Ch. 347, L. 1997.
History: En. 79-2708 by Sec. 8, Ch. 259, L. 1975; R.C.M. 1947, 79-2708.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 1. Federal Assistance Management › 17-3-112. Repealed

17-3-112. Repealed.
Secs. 10(2), 11(2), Ch. 17, L. 2013.
History: En. Sec. 53, Ch. 489, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-201. Repealed

17-3-201. Repealed.
Sec. 6, Ch. 20, Sp. L. June 1986.
History: En. Sec. 1, Ch. 246, L. 1973; amd. Sec. 1, Ch. 357, L. 1977; R.C.M. 1947, 79-211; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 4, Ch. 541, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-202. Special districts -- authority to receive federal funds

17-3-202. Special districts -- authority to receive federal funds.
Federal funds designated to a specific county under this part may be paid directly to a special district within the county pursuant to 7-11-1024.
History: En. Sec. 1, Ch. 133, L. 2021.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-211. Forest reserve money and other federal funds

17-3-211. Forest reserve money and other federal funds.
(1) The state treasurer, for the purpose of carrying out the provisions of 16 U.S.C. 500, Public Law 106-393, Public Law 110-343, and all acts subsequent to them, shall divide and distribute all forest reserve, Public Law 106-393, and Public Law 110-343 funds received by the state to and among the several counties entitled to the funds and pay the amounts to the several county treasurers of the counties within 5 business days after receiving full payment, as directed by the department.
(2) If the forest reserve money, the Public Law 106-393 money, and Public Law 110-343 money are not distributed within 5 business days of receipt by the state, all interest earnings must be credited to the appropriate counties.
History: En. Sec. 1, Ch. 26, L. 1915; re-en. Sec. 175, R.C.M. 1921; re-en. Sec. 175, R.C.M. 1935; R.C.M. 1947, 79-203; amd. Sec. 1, Ch. 712, L. 1985; amd. Sec. 1, Ch. 334, L. 2001; amd. Sec. 1, Ch. 74, L. 2007; amd. Sec. 1, Ch. 105, L. 2009; amd. Sec. 1, Ch. 283, L. 2017.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-212. Apportionment of forest reserve funds and other federal funds among counties

17-3-212. Apportionment of forest reserve funds and other federal funds among counties.
(1) The forest reserve funds, all Public Law 106-393 funds, all Public Law 110-343 funds, funds received pursuant to a similar subsequent act, and earned interest are statutorily appropriated, as provided in 17-7-502, from the federal special revenue fund to the department. The department shall apportion all forest reserve funds, all Public Law 106-393 funds, all Public Law 110-343 funds, and earned interest, as provided in 17-3-211, for allocation among the counties in which the forest reserve is situated based upon federal law and this section.
(2) The state treasurer shall pay the apportioned amounts plus interest, as provided in 17-3-211, to the respective counties.
History: En. Sec. 2, Ch. 26, L. 1915; re-en. Sec. 176, R.C.M. 1921; re-en. Sec. 176, R.C.M. 1935; R.C.M. 1947, 79-204; amd. Sec. 16, Ch. 703, L. 1985; amd. Sec. 2, Ch. 712, L. 1985; amd. Sec. 11, Ch. 389, L. 1999; amd. Sec. 2, Ch. 334, L. 2001; amd. Sec. 2, Ch. 74, L. 2007; amd. Sec. 2, Ch. 105, L. 2009; amd. Sec. 2, Ch. 283, L. 2017.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-214. Repealed

17-3-214. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 4, Ch. 26, L. 1915; re-en. Sec. 178, R.C.M. 1921; re-en. Sec. 178, R.C.M. 1935; R.C.M. 1947, 79-206.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-221. State treasurer to be custodian of money received under Taylor Grazing Act

17-3-221. State treasurer to be custodian of money received under Taylor Grazing Act.
The state treasurer is the custodian of all money that the treasurer of the United States transfers to the state of Montana under the terms of section 10 of the Taylor Grazing Act, 43 U.S.C. 315i, to be expended as the legislature may prescribe. The money must be deposited in the federal special revenue fund.
History: En. Sec. 1, Ch. 146, L. 1935; re-en. Sec. 191.1, R.C.M. 1935; R.C.M. 1947, 79-701; amd. Sec. 94, Ch. 42, L. 1997; amd. Sec. 10, Ch. 532, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-222. Apportionment of money to counties

17-3-222. Apportionment of money to counties.
(1) The state treasurer shall apportion the money received under 17-3-221 to the appropriate counties and then allocate the money due each county as follows:
(a) 50% to the county treasurer for deposit in the county general fund; and
(b) 50% to the state general fund to be used for the elementary BASE funding programs of the school districts in the county.
(2) The payments from the state to the county treasurers provided for in subsection (1) are statutorily appropriated as provided in 17-7-502.
History: En. Sec. 2, Ch. 146, L. 1935; re-en. Sec. 191.2, R.C.M. 1935; amd. Sec. 1, Ch. 55, L. 1937; amd. Sec. 1, Ch. 102, L. 1939; amd. Sec. 1, Ch. 96, L. 1949; R.C.M. 1947, 79-702; amd. Sec. 2, Ch. 22, L. 1997; amd. Sec. 11, Ch. 532, L. 1997; amd. Sec. 45, Ch. 51, L. 1999; amd. Sec. 4, Ch. 41, L. 2003; amd. Sec. 1, Ch. 53, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-231. Flood Control Act -- distribution of revenues to counties

17-3-231. Flood Control Act -- distribution of revenues to counties.
All moneys received or hereafter to be received by the state from the secretary of the treasury of the United States, under and by virtue of the Flood Control Act of 1954, under 33 U.S.C. 701c-3, shall be distributed by the state to the county treasurers of the counties of the state wherein the flood control land is situated.
History: En. Sec. 1, Ch. 156, L. 1959; R.C.M. 1947, 79-2101.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-232. Deposit and expenditure of funds by counties

17-3-232. Deposit and expenditure of funds by counties.
All moneys received or to be received by the county treasurers of the counties of the state wherein such flood control land is situated shall be deposited in the funds designated as the county common school tax fund and the general public road fund and shall be expended as follows: of all moneys received or to be received, 50% shall be expended for the benefit of the county common schools in the county concerned and 50% shall be expended for the benefit of the general public roads in the county concerned.
History: En. Sec. 2, Ch. 156, L. 1959; R.C.M. 1947, 79-2102.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-240. Federal mineral leasing funds

17-3-240. Federal mineral leasing funds.
(1) Except as provided in subsection (2), money paid to the state pursuant to 30 U.S.C. 191 must be deposited in the state general fund.
(2) In fiscal year 2005 and each succeeding fiscal year, 25% of all money received pursuant to subsection (1) must be deposited in the mineral impact account established in 17-3-241 and is dedicated to local governments.
(3) On August 15 following the close of the fiscal year, the state treasurer shall distribute the revenue dedicated in subsection (2). The distribution to the eligible counties must be based on the proportion that the total amount of revenue generated by mineral extraction in an eligible county bears to the total amount of money received by the state.
History: En. Sec. 1, Ch. 594, L. 2001; amd. Sec. 1, Ch. 5, Sp. L. August 2002; amd. Sec. 1, Ch. 568, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 2. Distribution of Federal Return on State Resources › 17-3-241. Mineral impact account

17-3-241. Mineral impact account.
There is a mineral impact account. Money must be deposited in the impact account as provided in 17-3-240. The money in the impact account must be distributed to counties from which the minerals were produced that resulted in the deposit of the mineral royalty revenue in the impact account. Beginning July 1, 2003, the impact account is statutorily appropriated, as provided in 17-7-502.
History: En. Sec. 2, Ch. 594, L. 2001.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 3. Federal Sums in Lieu of Taxes › 17-3-301. Definitions

17-3-301. Definitions.
The following definitions shall be applied to the terms used in this part:
(1) "Agreement" shall mean contract and shall include renewals and alterations of a contract.
(2) "Department" shall mean the department of revenue of the state of Montana.
(3) "Project" shall mean any resettlement project or rural rehabilitation project for resettlement purposes of the United States, located within this state, and shall include persons inhabiting such project.
(4) "Services" shall mean such public and state functions as are performed for property in and persons residing within this state.
(5) "State" shall mean the state of Montana.
(6) "United States" shall mean the United States of America.
History: En. Sec. 1, Ch. 58, L. 1939; amd. Sec. 203, Ch. 516, L. 1973; R.C.M. 1947, 84-5501.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 3. Federal Sums in Lieu of Taxes › 17-3-302. Requests for sums in lieu of taxes and agreements to perform services

17-3-302. Requests for sums in lieu of taxes and agreements to perform services.
The department is hereby authorized and empowered to make requests of the United States for and on behalf of this state for payment of such sums in lieu of taxes as the United States may agree to pay and to consummate agreements with the United States, in the name of this state, for the performance of services by the state for the benefit of projects and for the payment by the United States to the state, in one or more installments, of such sums in lieu of taxes.
History: En. Sec. 2, Ch. 58, L. 1939; amd. Sec. 204, Ch. 516, L. 1973; R.C.M. 1947, 84-5502.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 3. Federal Sums in Lieu of Taxes › 17-3-303. Basis for amount of payment

17-3-303. Basis for amount of payment.
The amount of any payment of sums in lieu of taxes may be based on the estimated cost to the state of performing services for the benefit of the projects during the period of agreement, after taking into consideration the benefits to be derived by the state from such projects, but shall not be in excess of the taxes which would result to the state for the period if the real property of the projects within the state were taxable.
History: En. Sec. 3, Ch. 58, L. 1939; R.C.M. 1947, 84-5503.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 3. Federal Sums in Lieu of Taxes › 17-3-304. Duplicate of agreement -- filing -- receipt for tax

17-3-304. Duplicate of agreement -- filing -- receipt for tax.
A duplicate copy of every agreement for payment of sums in lieu of taxes shall be filed in the office of the treasurer of this state. On or before the date on which any payment of sums in lieu of taxes is due, the state treasurer shall present a bill to the United States in the name of the state in the amount of such payment. The state treasurer shall give to the United States a receipt in the name of the state for all payments of sums in lieu of taxes.
History: En. Sec. 4, Ch. 58, L. 1939; R.C.M. 1947, 84-5504.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 3. Federal Sums in Lieu of Taxes › 17-3-305. Disposal of moneys

17-3-305. Disposal of moneys.
All payments of sums in lieu of taxes received by this state shall be deposited in funds according to the state levies.
History: En. Sec. 5, Ch. 58, L. 1939; amd. Sec. 1, Ch. 42, L. 1947; R.C.M. 1947, 84-5505.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 10. Endowments › 17-3-1001. State institutions which may take by gift, bequest, or grant -- restriction

17-3-1001. State institutions which may take by gift, bequest, or grant -- restriction.
(1) The state of Montana, units of the Montana university system, the Montana school for the deaf and blind, all institutions in the department of corrections and the department of public health and human services, and any institutions now created or established or which may be created or established and supported in whole or in part by the state for any purpose may accept gifts, donations, grants, devises, or bequests of real or personal property from any source. Gifts, donations, grants, bequests, or devises may be made directly to the state, in the name of any of the institutions, to any officer or board of the institutions, or to any person in trust for the institutions.
(2) In the event it is made directly to any institution or to any officer or board of any institution, the gift, donation, grant, devise, or bequest is a gift, donation, grant, devise, or bequest to the state and must be administered and used by the state for the particular purpose for which it was given, donated, granted, bequeathed, or devised. In the event that a particular purpose is not mentioned in the gift, grant, devise, or bequest, then it must be used for the general support, maintenance, or improvement of the institution by the state.
(3) A gift, donation, grant, devise, or bequest may not be accepted or used in contravention of 13-35-238.
History: En. Sec. 1, Ch. 17, L. 1913; re-en. Sec. 6978, R.C.M. 1921; re-en. Sec. 6978, R.C.M. 1935; amd. Sec. 96, Ch. 199, L. 1965; R.C.M. 1947, 91-105; amd. Sec. 3, Ch. 540, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 55, Ch. 546, L. 1995; amd. Sec. 3, Ch. 325, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 10. Endowments › 17-3-1002. Persons who may make gifts to state institutions

17-3-1002. Persons who may make gifts to state institutions.
(1) A donation, gift, grant, bequest, devise, or testamentary disposition of property, real or personal, may be made by any person over the age of 18 years and of sound mind to the state, a unit of the Montana university system, the state school for deaf and blind, an institution in the department of corrections or the department of public health and human services, and any and all institutions now created or established or that may be created or established and supported, in whole or in part, by the state for any purpose. Any person, corporation, or association of persons may make any gift, donation, or grant of property, real or personal, to the state, or to any of the institutions referred to in this section.
(2) In the event that any gift, donation, grant, devise, or bequest is made to any institution or to any officer or board of any institution, the same must be construed as a gift, donation, grant, devise, or bequest to the state and must be administered and used for the state for the particular purpose for which the same was given, donated, granted, bequeathed, or devised. In the event that a particular purpose is not mentioned in the gift, grant, devise, or bequest, then the same must be used for the general support, maintenance, or improvement of the institution by the state.
History: En. Sec. 2, Ch. 17, L. 1913; re-en. Sec. 6979, R.C.M. 1921; re-en. Sec. 6979, R.C.M. 1935; amd. Sec. 97, Ch. 199, L. 1965; R.C.M. 1947, 91-106; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 56, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 10. Endowments › 17-3-1003. Support of state institutions

17-3-1003. Support of state institutions.
(1) Except as provided in subsection (5), for the support and endowment of each state institution, there is annually and perpetually appropriated, after any deductions made under 77-1-109, the income from all permanent endowments for the institution and from all land grants as provided by law. All money received or collected in connection with permanent endowments by all higher educational institutions, reformatory, custodial and penal institutions, state hospitals, and sanitariums, for any purpose, except revenue pledged to secure the payment of principal and interest of obligations incurred for the purchase, construction, equipment, or improvement of facilities at units of the Montana university system and for the refunding of obligations or money that constitutes temporary deposits, all or part of which may be subject to withdrawal or repayment, must be paid to the state treasurer, who shall deposit the money to the credit of the proper fund.
(2) Except as provided in subsections (1), (3), and (5), all money received from the investment of grants of a state institution and all money received from the leasing of lands granted to a state institution must be deposited with the state treasurer of Montana for each institution, to the credit of the state special revenue fund.
(3) Except as provided in 77-1-109 and subsection (4) of this section, all money received from the sale of timber from lands granted to a state institution must be deposited to the credit of the permanent trust fund for the support of the institution.
(4) The board of regents shall designate, at least once a biennium, whether the timber sale proceeds from Montana university system lands must be distributed to the beneficiaries or placed in the permanent fund.
(5) Except as provided in 77-1-109, income received from certain lands and riverbeds pursuant to 77-1-103(4) or 77-4-208 must be deposited as follows:
(a) from July 1, 2011, through June 30, 2014, to the guarantee account provided for in 20-9-622; and
(b) on or after July 1, 2014, to the school facility and technology account provided for in 20-9-516.
History: (1)En. Sec. 3, Ch. 112, L. 1921; re-en. Sec. 194, R.C.M. 1921; re-en. Sec. 194, R.C.M. 1935; amd. Sec. 3, Ch. 14, L. 1941; amd. Sec. 11, Ch. 147, L. 1963; amd. Sec. 3, Ch. 298, L. 1973; Sec. 79-601, R.C.M. 1947; (2)En. Sec, 1, Ch. 120, L. 1909; re-en. Sec. 1922, R.C.M. 1921; re-en. Sec. 1922, R.C.M. 1935; amd. Sec. 1, Ch. 89, L. 1961; amd. Sec. 24, Ch. 147, L. 1963; amd. Sec. 5, Ch. 286, L. 1977; Sec. 79-1401, R.C.M. 1947; R.C.M. 1947, 79-601, 79-1401; amd. Sec. 2, Ch. 277, L. 1983; amd. Sec. 3, Ch. 700, L. 1989; amd. Sec. 2, Ch. 14, Sp. L. January 1992; amd. Sec. 5, Ch. 533, L. 1993; amd. Sec. 3, Ch. 122, L. 1999; amd. Sec. 1, Ch. 355, L. 2003; amd. Sec. 2, Ch. 465, L. 2009; amd. Sec. 1, Ch. 371, L. 2011.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 3. Federal Revenues and Endowments › Part 10. Endowments › 17-3-1004. Disbursement of funds

17-3-1004. Disbursement of funds.
(1) The money received by the state treasurer under the provisions of 17-3-1003 may be paid out of the treasury only on a warrant issued by the treasurer in payment of claims for expenses actually incurred for the support and maintenance of the institution filing the claims.
(2) In the payment of claims presented by a state institution entitled to interest and income from land grants or money from a land grant, a warrant may not be drawn against the appropriation made by the state out of the general fund for the maintenance of the institution filing the claim until interest and income money available for the payment of the items in the claim is exhausted.
History: (1)En. Sec. 2, Ch. 120, L. 1909; re-en. Sec. 1923, R.C.M. 1921; re-en. Sec. 1923, R.C.M. 1935; amd. Sec. 2, Ch. 89, L. 1961; Sec. 79-1402, R.C.M. 1947; (2)En. Sec. 3, Ch. 120, L. 1909; re-en. Sec. 1924, R.C.M. 1921; re-en. Sec. 1924, R.C.M. 1935; amd. Sec. 3, Ch. 89, L. 1961; amd. Sec. 25, Ch. 147, L. 1963; Sec. 79-1403, R.C.M. 1947; R.C.M. 1947, 79-1402, 79-1403; amd. Sec. 10, Ch. 325, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 4. Debt Collection › Part 1. Debt Collection Service › 17-4-101. Definitions

17-4-101. Definitions.
In this part, the following definitions apply unless the context indicates otherwise:
(1) "Agency" includes:
(a) all offices, departments, divisions, boards, commissions, councils, committees, institutions, university units, political subdivisions, and other entities or instrumentalities of this state government;
(b) with respect to delinquent taxes that the department is requested to collect, state and local entities whose personal property taxes are collected by the county treasurer; and
(c) the federal internal revenue service.
(2) "Department" means the department of revenue provided for in 2-15-1301.
History: En. 84-7102 by Sec. 2, Ch. 118, L. 1974; R.C.M. 1947, 84-7102; amd. Sec. 11, Ch. 325, L. 1995; amd. Secs. 1, 7, Ch. 589, L. 1995; amd. Sec. 1, Ch. 17, L. 1997; amd. Sec. 7, Ch. 48, L. 1997; amd. Sec. 1, Ch. 105, L. 1999.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 4. Debt Collection › Part 1. Debt Collection Service › 17-4-102. Accounts of persons indebted to state

17-4-102. Accounts of persons indebted to state.
(1) The department may:
(a) examine and settle the accounts of persons indebted to agencies, certify the amount owed, and give the person a discharge;
(b) require a person presenting an account for settlement to be sworn and to answer, orally or in writing, as to any facts relating to the account.
(2) The certificate referred to in subsection (1)(a) must show by whom the payment is to be made, the amount of the payment, and the fund into which the payment is to be deposited. The certificates must be numbered in order, beginning with number 1 at the commencement of each fiscal year.
History: (1)En. Sec. 420, Pol. C. 1895; re-en. Sec. 170, Rev. C. 1907; re-en. Sec. 151, R.C.M. 1921; Cal. Pol. C. Sec. 433; re-en. Sec. 151, R.C.M. 1935; amd. Sec. 1, Ch. 94, L. 1969; amd. Sec. 98, Ch. 326, L. 1974; Sec. 79-101, R.C.M. 1947; (2)En. Sec. 421, Pol. C. 1895; re-en. Sec. 171, Rev. C. 1907; re-en. Sec. 152, R.C.M. 1921; Cal. Pol. C. Sec. 434; re-en. Sec. 152, R.C.M. 1935; amd. Sec. 2, Ch. 94, L. 1969; Sec. 79-102, R.C.M. 1947; R.C.M. 1947, 79-101(7), (8), 79-102; amd. Sec. 12, Ch. 325, L. 1995; amd. Sec. 2, Ch. 589, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 4. Debt Collection › Part 1. Debt Collection Service › 17-4-104. Circumstances when department shall assist

17-4-104. Circumstances when department shall assist.
Subject to and in accordance with rules adopted by the department, the department shall render assistance in the collection of accounts owing to any state agency if all of the following procedures have been completed to the department's satisfaction:
(1) A state agency shall make all reasonable efforts to collect money owed to it and shall determine that the money and any interest or penalties are uncollectible in accordance with criteria for uncollectibility formulated by that agency.
(2) Once a state agency has determined that an account owed to it is uncollectible, it shall certify to the department the amount of the money, interest, and penalties, as accurately as can be determined. The department may require the agency to submit all relevant evidence and other information regarding the debt and may examine the records of any other state agency that may be pertinent in determining the uncollectibility of the debt, unless examination is specifically prohibited by law.
(3) If the department finds that the debt is uncollectible in accordance with the criteria for uncollectibility of money due that state agency, the department shall direct the agency to write off the debt on its accounts and transfer the debt to the department.
(4) Debts described in 17-4-105(4) need not be determined uncollectible for purposes of this section.
History: En. 84-7104 by Sec. 4, Ch. 118, L. 1974; amd. Sec. 1, Ch. 248, L. 1977; R.C.M. 1947, 84-7104; amd. Sec. 2, Ch. 419, L. 1989; amd. Sec. 14, Ch. 325, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 4. Debt Collection › Part 1. Debt Collection Service › 17-4-106. Agency owed debt to receive all money collected

17-4-106. Agency owed debt to receive all money collected.
(1) All money collected by the department on debts transferred to the department by the various agencies, except funds collected under 17-4-103(3), must be deposited to the account or fund of the agency to which the debt was originally owed. A county shall apply a delinquent personal property tax collection by the department to the payment of the taxpayer's most delinquent personal property taxes or portion of the taxes.
(2) Funds collected under 17-4-103(3) must be deposited in an account in the internal service fund for the cost of assistance of debt collection by the department. Funds deposited in excess of the amount appropriated for operation of the debt collection program must be carried forward into the next fiscal year for operation of the debt collection program. Any excess carried forward into the next fiscal year must be used to reduce the designated percentage of the collected proceeds charged to the various agencies.
History: En. 84-7106 by Sec. 6, Ch. 118, L. 1974; amd. Sec. 3, Ch. 248, L. 1977; R.C.M. 1947, 84-7106; amd. Sec. 4, Ch. 419, L. 1989; amd. Sec. 2, Ch. 97, L. 1991; amd. Sec. 16, Ch. 325, L. 1995; amd. Secs. 5, 7, Ch. 589, L. 1995; amd. Sec. 2, Ch. 17, L. 1997; amd. Sec. 1, Ch. 7, Sp. L. August 2002; amd. Sec. 41, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 4. Debt Collection › Part 1. Debt Collection Service › 17-4-107. Writeoff procedures

17-4-107. Writeoff procedures.
The department may establish procedures for canceling and writing off accounts receivable carried on the books of the various state agencies if the accounts have been transferred to the department pursuant to 17-4-104 and are uncollectible or if the continued pursuance of the collection of the accounts would cost the state more than the amount collected.
History: (1)En. 84-7107 by Sec. 7, Ch. 118, L. 1974; amd. Sec. 4, Ch. 248, L. 1977; Sec. 84-7107, R.C.M. 1947; (2)En. Sec. 6, Ch. 194, L. 1951; amd. Sec. 9, Ch. 158, L. 1959; amd. Sec. 18, Ch. 249, L. 1967; amd. Sec. 4, Ch. 268, L. 1971; amd. Sec. 50. Ch. 326, L. 1974; Sec. 82-110, R.C.M. 1947; R.C.M. 1947, 82-110(3), 84-7107; amd. Sec. 5, Ch. 419, L. 1989; amd. Sec. 22, Ch. 112, L. 1991; amd. Sec. 19, Ch. 349, L. 1993; amd. Sec. 17, Ch. 325, L. 1995; amd. Sec. 3, Ch. 17, L. 1997; amd. Sec. 3, Ch. 347, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 4. Debt Collection › Part 1. Debt Collection Service › 17-4-108. Circumstances under which previously written-off debt may be collected

17-4-108. Circumstances under which previously written-off debt may be collected.
If a debt previously written off under 17-4-107 subsequently becomes collectible, the department shall proceed to collect the money due pursuant to 17-4-105(1) and 17-4-106.
History: En. 84-7108 by Sec. 8, Ch. 118, L. 1974; R.C.M. 1947, 84-7108; amd. Sec. 6, Ch. 419, L. 1989; amd. Sec. 18, Ch. 325, L. 1995; amd. Sec. 4, Ch. 17, L. 1997; amd. Sec. 4, Ch. 347, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 4. Debt Collection › Part 1. Debt Collection Service › 17-4-109. Debts not collectible under this part

17-4-109. Debts not collectible under this part.
This part does not apply to unliquidated debts and to debts owed to a state agency for which a procedure for compromise, release, discharge, waiver, cancellation or other form of settlement thereof for reasons other than uncollectibility is by law made specifically applicable to such state agency.
History: En. 84-7109 by Sec. 9, Ch. 118, L. 1974; R.C.M. 1947, 84-7109.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 4. Debt Collection › Part 1. Debt Collection Service › 17-4-110. State agencies to adopt rules

17-4-110. State agencies to adopt rules.
All state agencies shall adopt rules and forms to participate in and carry out the provisions of this part.
History: En. 84-7110 by Sec. 10, Ch. 118, L. 1974; R.C.M. 1947, 84-7110.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 4. Debt Collection › Part 1. Debt Collection Service › 17-4-111. Right of hearing to aggrieved persons

17-4-111. Right of hearing to aggrieved persons.
A person aggrieved from a decision or an action taken under this part has the right to present the grievances in the same manner as provided by 17-4-105(4)(c) and subject to the contested case procedures of the Montana Administrative Procedure Act for taxpayer appeals.
History: En. 84-7111 by Sec. 11, Ch. 118, L. 1974; R.C.M. 1947, 84-7111; amd. Sec. 7, Ch. 419, L. 1989; amd. Sec. 3, Ch. 105, L. 1999.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-101. Definitions

17-5-101. Definitions.
As used in this part, the following definitions apply:
(1) "Bonds" include bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates, and all instruments or obligations evidencing or representing indebtedness, evidencing or representing the borrowing of money, or evidencing or representing a charge, lien, or encumbrance on specific revenues, special assessments, income, or property of a political subdivision, including all instruments or obligations payable from a special fund.
(2) "Governing body" means the board, council, commission, or other body charged with the general control of the issuance of bonds of a political subdivision.
(3) (a) "Political subdivision" includes a county, city, town, school district, irrigation district, drainage district, special improvement district, or any other governmental subdivision of the state.
(b) The term does not include the state of Montana, the board of examiners, the department of natural resources and conservation, the state transportation commission, or any other board, agency, or commission of the state.
History: En. Sec. 1, Ch. 234, L. 1971; R.C.M. 1947, 79-2601; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 46, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-102. Rate of interest on bonds to be determined by governing bodies

17-5-102. Rate of interest on bonds to be determined by governing bodies.
(1) Bonds of a political subdivision shall bear interest at such rate or rates as its governing body shall determine.
(2) The provisions of this section establish the rate of interest on bonds of political subdivisions as defined in 17-5-101 and expressly supersede any other statutory limitation on the rate of interest to be borne by bonds of political subdivisions.
History: En. Sec. 2, Ch. 234, L. 1971; R.C.M. 1947, 79-2602; amd. Sec. 10, Ch. 500, L. 1981; amd. Sec. 1, Ch. 11, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-103. Rate of interest on special assessments determined by governing bodies -- limitations

17-5-103. Rate of interest on special assessments determined by governing bodies -- limitations.
All special assessments levied by a political subdivision must bear interest at a rate or rates determined by the political subdivision's governing body, except that the rate may not exceed the greater of 7% per annum or, in the event that the special assessments are appropriated for the payment of principal and interest on bonds issued by the political subdivision, the rate of interest on the bonds plus an additional rate of interest, if any, on assessments authorized by statute to pay the principal and interest on those bonds.
History: En. Sec. 3, Ch. 234, L. 1971; R.C.M. 1947, 79-2603; amd. Sec. 17, Ch. 451, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-104. Effect of revisions on bonds previously authorized

17-5-104. Effect of revisions on bonds previously authorized.
If prior to April 23, 1981, a political subdivision was authorized to issue bonds pursuant to a law that limited the rate of interest on the bonds, it may issue all of the bonds so authorized under the provisions of 17-5-102 even if the rate of interest on the bonds exceeds the maximum rate permissible prior to April 23, 1981.
History: En. Sec. 17, Ch. 500, L. 1981; amd. Sec. 1, Ch. 11, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-105. Redemption of bonds -- optional method

17-5-105. Redemption of bonds -- optional method.
Between April 23, 1981, and July 1, 1983, a governing body in connection with the issuance of bonds may, at its option, provide that such bonds shall be redeemable at such time or times and upon such terms and conditions as the governing body shall deem to be in the best interest of the public, notwithstanding any statutory provision to the contrary.
History: En. Sec. 18, Ch. 500, L. 1981; amd. Sec. 1, Ch. 11, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-106. Notice of public bond sale

17-5-106. Notice of public bond sale.
Notwithstanding any other provision of state law relating to the publication of notice in advance of the sale of bonds, it is sufficient to publish the notice once a week for 2 consecutive weeks preceding the sale.
History: En. Sec. 1, Ch. 173, L. 1987.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-107. Public or private sale -- procedure for public sale

17-5-107. Public or private sale -- procedure for public sale.
(1) The governing body of a political subdivision may sell its bonds at public or private sale as determined by the governing body and, if the bonds are sold at private sale, in denominations and forms approved by the governing body. If the governing body conducts a public sale, those provisions of state law regarding the public sale of bonds that pertain to the political subdivision govern the sale.
(2) The bonds must be sold at not less than 97% of the principal amount of the bonds if the governing body determines that a sale at that price is in the best interests of the political subdivision.
History: En. Sec. 1, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-111. Electronic submission of bids

17-5-111. Electronic submission of bids.
Any bid for the purchase of bonds to be submitted in writing or as a sealed bid may also be submitted by facsimile or other electronic transmission or through an electronic bidding system, as authorized by the governing body in the resolution authorizing the sale of the bonds.
History: En. Sec. 21, Ch. 451, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-116. Allocation of bonding limits -- American Recovery and Reinvestment Act of 2009

17-5-116. Allocation of bonding limits -- American Recovery and Reinvestment Act of 2009.
Unless the regulations adopted by the United States secretary of the treasury specify otherwise:
(1) the office of public instruction is responsible for allocating the state's share of qualified school construction bonds as authorized in section 1521 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, and the state's allocated share of qualified zone academy bonds as authorized in section 54E of the Internal Revenue Code, 26 U.S.C. 54E;
(2) the department of administration is responsible for allocating the state's share of qualified energy conservation bonds as authorized in section 54D of the Internal Revenue Code, 26 U.S.C. 54D, as amended by section 1112 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5; and
(3) the department of administration, in consultation with the department of commerce, is responsible for allocating the state's share of recovery zone economic development bonds and recovery zone facility bonds, as authorized in section 1401 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5.
History: En. Sec. 43, Ch. 489, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 1. Rates of Interest -- Notice › 17-5-117. Tax credit bonds

17-5-117. Tax credit bonds.
(1) As used in this section, "tax credit bond" means any general obligation bond, impact aid revenue bond, special improvement district bond, revenue bond, industrial development bond, tax increment bond, or any other bond of the state or a political subdivision that has been duly authorized and is eligible for designation as and has been designated as a qualified tax credit bond under section 54A, section 54D, section 54E, section 54F, or section 54AA of the Internal Revenue Code, 26 U.S.C. 54A, 54D, 54E, 54F, or 54AA.
(2) Any bond issued as a tax credit bond may be issued and sold at public or private sale, may be payable and mature as to principal and interest, if any, on any date or dates, may be subject to redemption in whole or in part as determined by the governing body of the issuer, and may have other terms and conditions that the issuer considers to be necessary and appropriate.
(3) The governing body of the issuer of any tax credit bond is authorized to enter into agreements and make covenants that may be necessary to provide for the sale and security of the bond, including investment of funds and accounts to repay the bond.
History: En. Sec. 44, Ch. 489, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 2. Bond Validating Act › 17-5-201. Short title

17-5-201. Short title.
This part may be cited as the "Bond Validating Act".
History: En. 79-2001 by Sec. 1, Ch. 265, L. 1975; amd. Sec. 1, Ch. 564, L. 1977; R.C.M. 1947, 79-2001.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 2. Bond Validating Act › 17-5-202. Definitions

17-5-202. Definitions.
As used in this part, the following definitions apply:
(1) "Bonds" includes bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates, and all instruments or obligations evidencing or representing indebtedness or evidencing or representing the borrowing of money or evidencing or representing a charge, lien, or encumbrance on specific revenues, income, or property of a public body, including all instruments or obligations payable from a special fund.
(2) "Public body" includes a county, city, town, school district, irrigation district, drainage district, special improvement district, or any other political or governmental subdivision of the state or any commission, authority, or agency of a political or governmental subdivision, and also includes the board of public education, the board of regents of higher education, the board of examiners, the department of natural resources and conservation, the state transportation commission, or any other governmental agency of this state.
History: En. 79-2002 by Sec. 2, Ch. 265, L. 1975; amd. Sec. 1, Ch. 486, L. 1975; amd. Sec. 2, Ch. 564, L. 1977; R.C.M. 1947, 79-2002; amd. Sec. 1, Ch. 282, L. 1981; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 95, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 2. Bond Validating Act › 17-5-203. Validation

17-5-203. Validation.
All bonds issued by any public body and all proceedings taken for the authorization and issuance of such bonds; for the levy, establishment, pledge, and appropriation of taxes, special assessments and other charges, and revenues to pay such bonds; and for the sale, exchange, execution, and delivery thereof, prior to the date set by and subject to the conditions set forth in 17-5-204, are validated, ratified, approved, and confirmed, notwithstanding any lack of power (other than constitutional) of such public body or the governing board or commission or officers thereof to authorize and issue such bonds or to sell, exchange, execute, or deliver the same and notwithstanding any defects or irregularities (other than constitutional) in such proceedings or in such sale, exchange, execution, or delivery, and bonds of such public bodies under the authority of such proceedings are binding, legal, valid, and enforceable obligations of such public body.
History: En. 79-2003 by Sec. 3, Ch. 265, L. 1975; amd. Sec. 3, Ch. 564, L. 1977; R.C.M. 1947, 79-2003.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 2. Bond Validating Act › 17-5-204. Period of application

17-5-204. Period of application.
(1) This part does not apply to or affect any action or appeal instituted on or before the date to which it has most recently been extended, in which the validity of any such proceeding or of any such bonds is at issue.
(2) The application of this part may be extended by act of the legislature to any date provided therein.
History: En. 79-2004 by Sec. 4, Ch. 265, L. 1975; amd. Sec. 2, Ch. 486, L. 1975; amd. Sec. 4, Ch. 564, L. 1977; R.C.M. 1947, 79-2004; amd. Sec. 1, Ch. 2, L. 1979.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 2. Bond Validating Act › 17-5-205. Application

17-5-205. Application.
The application of the Bond Validating Act, Title 17, chapter 5, part 2, is extended to bonds issued and proceedings taken prior to March 16, 2023.
History: En. Sec. 5, Ch. 564, L. 1977; R.C.M. 1947, 79-2005; amd. Sec. 2, Ch. 2, L. 1979; amd. Sec. 2, Ch. 282, L. 1981; amd. Sec. 1, Ch. 576, L. 1983; amd. Sec. 1, Ch. 182, L. 1985; amd. Sec. 1, Ch. 89, L. 1987; amd. Sec. 1, Ch. 159, L. 1989; amd. Sec. 1, Ch. 187, L. 1991; amd. Sec. 1, Ch. 19, L. 1993; amd. Sec. 1, Ch. 190, L. 1995; amd. Sec. 1, Ch. 31, L. 1997; amd. Sec. 1, Ch. 9, L. 1999; amd. Sec. 1, Ch. 8, L. 2001; amd. Sec. 1, Ch. 139, L. 2003; amd. Sec. 1, Ch. 9, L. 2005; amd. Sec. 1, Ch. 3, L. 2007; amd. Sec. 1, Ch. 438, L. 2009; amd. Sec. 1, Ch. 8, L. 2011; amd. Sec. 1, Ch. 18, L. 2013; amd. Sec. 1, Ch. 6, L. 2015; amd. Sec. 1, Ch. 108, L. 2017; amd. Sec. 1, Ch. 176, L. 2019; amd. Sec. 1, Ch. 157, L. 2021; amd. Sec. 1, Ch. 58, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 3. Refunding Bonds › 17-5-301. Refunding bonds or debentures authorized -- interest rate

17-5-301. Refunding bonds or debentures authorized -- interest rate.
The board of examiners is hereby authorized and empowered to refund any issue of bonds, highway or other debentures heretofore issued by the state and which are outstanding or which may hereafter be issued by the state whenever in the judgment of such board it shall be deemed for the best interests of the state to do so. Refunding bonds or debentures shall not be issued in any greater amount than will be required to pay the principal and interest of the bonds or debentures to be refunded, costs of issuance, plus any defaulted interest thereon.
History: En. Sec. 1, Ch. 5, L. 1945; R.C.M. 1947, 79-1801; amd. Sec. 7, Ch. 184, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 3. Refunding Bonds › 17-5-302. Character of bonds

17-5-302. Character of bonds.
(1) The board of examiners shall prescribe all details for the form, notice, and time of sale of the bonds or debentures.
(2) The bonds or debentures must be registered in the office of the state treasurer in a book to be provided for that purpose.
History: En. Sec. 2, Ch. 5, L. 1945; amd. Sec. 11, Ch. 260, L. 1959; R.C.M. 1947, 79-1802; amd. Sec. 1, Ch. 374, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 3. Refunding Bonds › 17-5-303. Application of refunding bond law

17-5-303. Application of refunding bond law.
All of the provisions of the act authorizing the issuance of the bonds or debentures which are to be refunded, insofar as the same relate to the issuance and sale, term and rate of interest, tax levies or funds for the payment and interest thereof, and time and manner of such payments, shall apply fully to such refunding bonds or debentures, except insofar as the same may be in conflict with the provisions of this part or with the provisions of any law authorizing particular refunding bonds.
History: En. Sec. 4, Ch. 5, L. 1945; R.C.M. 1947, 79-1804; amd. Sec. 8, Ch. 184, L. 1983.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 3. Refunding Bonds › 17-5-304. Cost and expense of refunding

17-5-304. Cost and expense of refunding.
The board of examiners may pay the cost and expense of refunding any issue of bonds or debentures to be paid from the proceeds of the bonds or from the general fund.
History: En. Sec. 5, Ch. 5, L. 1945; R.C.M. 1947, 79-1805; amd. Sec. 9, Ch. 184, L. 1983; amd. Sec. 2, Ch. 374, L. 2005.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 3. Refunding Bonds › 17-5-305. Sale of bonds and debentures

17-5-305. Sale of bonds and debentures.
The refunding bonds or debentures that may be issued under the provisions of this part must be sold by the board of examiners in a manner that the board considers to be in the best interests of the state. However, if the state holds any bonds or debentures to be refunded by an issue of refunding bonds or debentures as investments of institutional or other funds, the original bonds or debentures may be exchanged for the refunding bonds or debentures if the exchange is authorized by the proper state officers or board.
History: En. Sec. 3, Ch. 5, L. 1945; R.C.M. 1947, 79-1803; amd. Sec. 10, Ch. 184, L. 1983; amd. Sec. 8, Ch. 342, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 4. Long-Range Building Program Bonds › 17-5-401. Repealed

17-5-401. Repealed.
Sec. 7, Ch. 374, L. 2005.
History: En. Sec. 1, Ch. 276, L. 1965; amd. Sec. 1, Ch. 510, L. 1973; R.C.M. 1947, 79-2201(part); amd. Sec. 1, Ch. 298, L. 1983; amd. Sec. 1, Ch. 372, L. 1985.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 5. Public Bond Issues › Part 4. Long-Range Building Program Bonds › 17-5-402. Repealed

17-5-402. Repealed.
Sec. 7, Ch. 374, L. 2005.
History: En. Sec. 2, Ch. 276, L. 1965; amd. Sec. 2, Ch. 318, L. 1967; amd. Sec. 1, Ch. 146, L. 1969; amd. Sec. 1, Ch. 222, L. 1971; amd. Sec. 2, Ch. 510, L. 1973; R.C.M. 1947, 79-2202(part).