reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 4. Hard-Rock Mining Impact Property Tax Base Sharing › 90-6-404. Allocation of taxable valuation for local taxation purposes

90-6-404. Allocation of taxable valuation for local taxation purposes.
When property of a large-scale mineral development is subject to the provisions of 90-6-403, the increase in taxable valuation must be allocated by the department of revenue as follows:
(1) The local government unit in which the ore body or the mineral deposit being mined is located must be allocated 20% of the total increase in taxable valuation of the gross proceeds.
(2) The remaining increase in taxable valuation of the mineral development must be allocated between affected counties and affected municipalities according to the following formula based on the place of residence of mineral development employees:
(a) A portion, not to exceed 20%, to affected municipalities, based on that percentage of the total number of mineral development employees that reside within municipal boundaries. The taxable valuation allocated to affected municipalities must be distributed to each municipality according to its percentage of the total number of mineral development employees who reside within municipal boundaries. That portion of the taxable valuation distributed to a municipality pursuant to this section is subject to the same county mill levy as other taxable properties located in the municipality.
(b) The remaining portion of the taxable valuation must be distributed to each affected county according to its percentage of the total number of mineral development employees that reside within the county.
(3) The increase in taxable valuation equal to that subject to subsection (2) must be distributed pro rata among each affected high school district according to the percentage of the total number of mineral development high school students that reside within each district.
(4) The increase in taxable valuation equal to that subject to subsection (2) must be distributed pro rata among each affected elementary school district according to the percentage of the total number of mineral development elementary school students that reside within each district.
(5) The distribution formula specified in subsections (2) through (4) may be modified by an impact plan approved as provided in 90-6-307 or amended as provided in 90-6-311, if the modification is needed in order to ensure a reasonable correspondence between the occurrence of increased costs resulting from the mineral development and the allocation of taxable valuation resulting from the mineral development.
History: En. Sec. 4, Ch. 635, L. 1983; amd. Sec. 1, Ch. 760, L. 1991; amd. Sec. 5, Ch. 464, L. 1999.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 4. Hard-Rock Mining Impact Property Tax Base Sharing › 90-6-405. Employee surveys

90-6-405. Employee surveys.
(1) Each large-scale mineral development subject to the provisions of 90-6-403 and 90-6-404 shall, on or before May 1 of each year, conduct a survey of its employees and promptly submit a report of its findings to the department of revenue. The report must include:
(a) the number of mineral development employees residing within each affected county;
(b) the number of mineral development employees residing within each affected municipality;
(c) the number of mineral development students residing in each affected high school district; and
(d) the number of mineral development students residing in each affected elementary school district.
(2) The initial allocation of the increase in taxable valuation made as provided in 90-6-403 and 90-6-404 shall be made on the basis of the place of residence of employees and the district of enrollment of students as projected in the approved impact plan for that period of time between the issuance and validation of the permit and the submission of an employee survey as provided for in this section.
History: En. Sec. 5, Ch. 635, L. 1983.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 5. Reverse Annuity Mortgage Loan › 90-6-501. Short title

90-6-501. Short title.
This part may be cited as the "Reverse Annuity Mortgage Loan Act".
History: En. Sec. 1, Ch. 178, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 5. Reverse Annuity Mortgage Loan › 90-6-502. Purpose

90-6-502. Purpose.
Many elderly citizens in Montana own their own homes and have little or no remaining mortgage debt. Many of these home owners are persons of lower income who would benefit from an additional income source from the use of the equity in their homes. The legislature finds that reverse annuity mortgage loans would enable elderly home owners to provide more substantially for their own in-home support and specialized care. The purpose of this part is to:
(1) establish a reverse annuity mortgage loan program within the board of housing;
(2) authorize the board to make reverse annuity mortgage loans;
(3) counsel, assist, and protect elderly home owners who wish to obtain a reverse annuity mortgage loan; and
(4) administer a reverse annuity mortgage loan program that does not jeopardize the mortgagor's eligibility for medicaid and other means-tested programs.
History: En. Sec. 2, Ch. 178, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 5. Reverse Annuity Mortgage Loan › 90-6-503. Definitions

90-6-503. Definitions.
As used in this part, unless the context requires otherwise, the following terms apply:
(1) "Mortgage" means a mortgage as defined in 90-6-103.
(2) "Mortgagee" means the holder of a mortgage or its assignee.
(3) "Mortgagor" means a person:
(a) who is of lower income as determined by the board. In its determination of lower income, the board shall take into consideration the criteria in 90-6-103(16).
(b) 68 years of age or older, except as provided on a case-by-case basis in accordance with program guidelines established by the board of housing;
(c) who is the owner and occupant of a single-family dwelling; and
(d) who has completed a reverse annuity mortgage counseling program approved by the board.
(4) "Reverse annuity mortgage loan" means a loan in which loan proceeds are advanced to the mortgagor to provide a monthly tax-free cash payment for 10 years.
(5) "Single-family dwelling" means a one- to four-family living unit.
History: En. Sec. 3, Ch. 178, L. 1989; amd. Sec. 1, Ch. 39, L. 1997.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 5. Reverse Annuity Mortgage Loan › 90-6-504. Reverse annuity mortgage loan program

90-6-504. Reverse annuity mortgage loan program.
The board may make reverse annuity mortgage loans that are secured by a single-family dwelling located in this state. The loans must be made under terms and conditions adopted by the board pursuant to its authority under 90-6-104.
History: En. Sec. 4, Ch. 178, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 5. Reverse Annuity Mortgage Loan › 90-6-505. Mortgage requirements

90-6-505. Mortgage requirements.
(1) Any mortgage securing payments made by a mortgagee to a mortgagor pursuant to a reverse annuity mortgage loan must be sufficiently definite, certain, and valid to secure all money actually advanced pursuant to and in accordance with its terms. The mortgage must secure money advanced at or subsequent to closing of the loan, up to but not exceeding the full amount of the loan. A reverse annuity mortgage has the same priority as if all money had been advanced at the time the mortgage was delivered. The mortgage must include but not be limited to the following:
(a) a statement that it is a reverse annuity mortgage loan;
(b) the full amount of the loan authorized;
(c) a statement of the dates on which advancements are to be made and the amounts of such advancements; and
(d) the events that will give rise to the maturity of the loan.
(2) The mortgagee and the mortgagor may modify the advancement dates in the mortgage by a statement signed by all parties to the mortgage and properly recorded with the original mortgage instrument. The modification may not limit or otherwise affect the priority of the mortgage.
History: En. Sec. 6, Ch. 178, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 5. Reverse Annuity Mortgage Loan › 90-6-506. Repayment or termination of reverse annuity mortgage loan

90-6-506. Repayment or termination of reverse annuity mortgage loan.
(1) The mortgagor shall repay the reverse annuity mortgage loan as provided in this section.
(2) Repayment of any part of the reverse annuity mortgage loan is not required prior to the maturity of the loan and while the mortgagor resides on the secured property. The mortgagor may pay the outstanding loan balance in full at any time without penalty.
(3) The reverse annuity mortgage loan matures, advances under a reverse annuity mortgage loan terminate, and the entire unpaid balance of the loan plus accrued interest becomes due and payable only upon the occurrence of any of the following events:
(a) the death of the last surviving mortgagor;
(b) the sale or other transfer of the secured property to a person other than any of the original mortgagors;
(c) vacation of the secured property by the mortgagor, whether voluntarily, involuntarily, or pursuant to legal process; or
(d) any other occurrence that materially decreases the value of the property securing the loan or that will have the likely effect of causing the loan to not be repaid.
(4) Any occurrence allowing the termination of a loan as provided in subsection (3)(d) must be clearly recited in the mortgage, deed of trust, or trust indenture.
(5) Payment of the reverse annuity mortgage loan may not be required from any source other than the secured property.
History: En. Sec. 5, Ch. 178, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 5. Reverse Annuity Mortgage Loan › 90-6-507. Rulemaking authority

90-6-507. Rulemaking authority.
The board shall adopt all procedural and substantive rules necessary for the administration of this part, including rules required to secure, implement, and administer the reverse annuity mortgage loan program.
History: En. Sec. 7, Ch. 178, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 6. Veterans' Home Loan Mortgage Program › 90-6-601. Short title

90-6-601. Short title.
This part may be cited as the "Montana Veterans' Home Loan Mortgage Program Act".
History: En. Sec. 1, Ch. 349, L. 2011.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 6. Veterans' Home Loan Mortgage Program › 90-6-602. Definitions

90-6-602. Definitions.
As used in this part, the following definitions apply:
(1) "Board" means the board of housing provided for in 2-15-1814.
(2) "Coal tax trust fund" or "trust fund" means the trust fund created pursuant to Article IX, section 5, of the Montana constitution.
(3) "Eligible veteran" means an individual who is a Montana resident and who:
(a) is or has been a member of the Montana national guard;
(b) is or has been a member of the federal reserve forces of the armed forces of the United States, serving pursuant to Title 10 of the United States Code;
(c) is serving or has served on federal active duty pursuant to Title 10 of the United States Code;
(d) is an unremarried spouse of an individual who was otherwise an eligible veteran and was killed in the line of duty;
(e) is an eligible veteran as defined by the board pursuant to 90-6-605(2); or
(f) if previously a member of the armed forces, was discharged under honorable conditions.
(4) "First-time home buyer" means an individual determined by the board to be a first-time home buyer pursuant to rules adopted by the board.
(5) "Mortgage loan" means a loan for the purchase of real property with any improvements located within this state that is to be used for residential purposes and that is based upon a written instrument approved by a federal agency and that is written in the form of a trust indenture.
(6) "Participating financial institution" means a corporate lender or other loan originator approved by the board for originating and servicing loans pursuant to this part.
(7) "Resident" means an individual who maintains a permanent place of abode within Montana and who has not established a residence elsewhere even though the individual may be temporarily absent from the state.
(8) "Trust indenture" has the meaning provided in 71-1-303.
(9) (a) "Under honorable conditions" means a discharge or separation from military duty characterized by the armed forces as under honorable conditions. The term includes honorable discharge and general discharge.
(b) The term does not include a dishonorable discharge or another administrative discharge characterized by military regulation as other than honorable.
(10) "Veterans' home loan mortgage program" or "program" means the program created in 90-6-603.
History: En. Sec. 2, Ch. 349, L. 2011.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 6. Veterans' Home Loan Mortgage Program › 90-6-603. Veterans' home loan mortgage program created -- use of coal tax trust fund money

90-6-603. Veterans' home loan mortgage program created -- use of coal tax trust fund money.
(1) There is a Montana veterans' home loan mortgage program under the direction and management of the board for eligible veterans who are first-time home buyers.
(2) The board of investments shall allow the board to administer $50 million of the permanent coal tax trust fund for the purpose of the program. Until the board uses money in the trust fund to purchase a mortgage loan from a participating financial institution pursuant to this part, the money under the administration of the board must remain invested by the board of investments. As a loan made pursuant to this part is repaid, the principal payments on the loan must be deposited in the trust fund until all of the principal of the loan is repaid. Interest received on the loan may be used by a participating financial institution and the board, in amounts determined by the board in accordance with 90-6-605, to pay for the origination and servicing of a loan by a participating financial institution and to pay the reasonable costs of the board for the administration of the program. After payment of associated expenses, interest received on the loan must be deposited into the trust fund.
(3) Interest on a home mortgage loan made pursuant to this part must be charged at 1% less than the federal national mortgage association's delivery rate or 1% lower than the lowest interest rate charged by the board for the purposes of other home loan mortgage programs administered by the board, whichever is less. If the federal national mortgage association's rate becomes unavailable, the board shall use another similar rate for the purposes of this subsection. The board may not make a direct loan to an eligible veteran.
History: En. Sec. 3, Ch. 349, L. 2011; amd. Sec. 2, Ch. 213, L. 2013; amd. Sec. 2, Ch. 396, L. 2015; amd. Sec. 2, Ch. 190, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 6. Veterans' Home Loan Mortgage Program › 90-6-604. Additional terms of program

90-6-604. Additional terms of program.
(1) The maximum amount of a loan made by the board pursuant to this part is 95% of the value of the statewide allowable purchase price determined by the board pursuant to 90-6-605.
(2) The board shall require as a condition for a loan that an eligible veteran participate in a first-time home buyer education program approved by the board.
(3) A loan made by the board must be secured by a government guaranty pursuant to rules adopted by the board unless the board determines pursuant to 90-6-605(2) to allow the use of conventional mortgage insurance requirements and coverage.
(4) An eligible veteran shall participate in a loan by contributing a minimum amount of $2,500 unless the board determines otherwise pursuant to 90-6-605(2). An eligible veteran may use the minimum contribution toward paying closing costs and may borrow from the veterans' home loan mortgage program the maximum loan amount allowed by the mortgage insurer for the loan.
(5) There is no limit on the maximum amount of income that may be earned by an eligible veteran for the purposes of a loan pursuant to this part.
(6) In order to allow small financial institutions to participate equitably in the program along with large financial institutions, the board shall adopt rules pursuant to 90-6-605 to specify the maximum amount of mortgage loans that may be made by any one participating financial institution.
(7) The legislative auditor must be allowed access to all documentation used for the purpose of the program.
(8) A report describing at least the operation and use of the program must be made by the board to the legislature as provided in 5-11-210. The report may be combined with other reports by the board or the department of commerce to the legislature.
History: En. Sec. 4, Ch. 349, L. 2011; amd. Sec. 1, Ch. 431, L. 2017.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 6. Veterans' Home Loan Mortgage Program › 90-6-605. Rules to be adopted by board

90-6-605. Rules to be adopted by board.
(1) The board shall adopt rules pursuant to the Montana Administrative Procedure Act necessary for administration of the program, including rules:
(a) specifying which financial institutions may be participating financial institutions;
(b) specifying underwriting criteria for a program loan, such as minimum down payment, credit score, ratios of housing expense and of all reoccurring debt as a percentage of income of the borrower, and exceptions to those criteria;
(c) specifying the statewide allowable purchase price of a home for the purposes of the program;
(d) specifying the security required for a mortgage loan financed by the program;
(e) providing the legislative auditor with access to records of participating financial institutions regarding loans made pursuant to this part;
(f) governing the loan application process;
(g) specifying the maximum servicing fees and origination fee that may be charged by a participating financial institution; and
(h) other loan conditions determined to be necessary by the board.
(2) The board may adopt rules pursuant to the Montana Administrative Procedure Act changing any of the following provisions if the board determines a change is necessary to carry out the purposes of the program:
(a) the definition of eligible veteran in 90-6-602;
(b) the security for a loan provided in 90-6-604; and
(c) the requirements for minimum participation for the eligible veteran provided for in 90-6-604.
History: En. Sec. 5, Ch. 349, L. 2011.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 7. Montana Coal Endowment Program › 90-6-701. Montana coal endowment program created -- definitions

90-6-701. Montana coal endowment program created -- definitions.
(1) (a) There is a Montana coal endowment program that consists of:
(i) the Montana coal endowment fund established in 17-5-703;
(ii) the infrastructure portion of the coal severance tax bond program provided for in 17-5-701(2).
(b) The Montana coal endowment program may borrow from the board of investments to provide additional financial assistance for local government infrastructure projects under this part, provided that no part of the loan may be made from retirement funds.
(2) Interest from the Montana coal endowment fund and from proceeds of the sale of bonds under 17-5-701(2) may be used to provide financial assistance for local government infrastructure projects under this part, to provide funding to the department of commerce for the administrative costs of the Montana coal endowment program, and to repay loans from the board of investments.
(3) As used in this part, the following definitions apply:
(a) "Infrastructure projects" means:
(i) drinking water systems;
(ii) wastewater treatment;
(iii) sanitary sewer or storm sewer systems;
(iv) solid waste disposal and separation systems, including site acquisition, preparation, or monitoring; or
(v) bridges.
(b) "Local government" means an incorporated city or town, a county, a consolidated local government, a tribal government, a county or multicounty water, sewer, or solid waste district, or an authority as defined in 75-6-304.
(c) "Montana coal endowment fund" means the coal severance tax infrastructure endowment fund established in 17-5-703(1)(b).
(d) "Montana coal endowment program" means the local government infrastructure investment program established in subsection (1).
(e) "Tribal government" means a federally recognized Indian tribe within the state of Montana.
History: En. Sec. 1, Ch. 3, Sp. L. January 1992; amd. Sec. 1, Ch. 432, L. 1993; amd. Sec. 2, Ch. 268, L. 1999; amd. Sec. 25, Ch. 498, L. 1999; amd. Sec. 10, Ch. 458, L. 2009; amd. Sec. 24, Ch. 476, L. 2019; amd. Sec. 5, Ch. 330, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 7. Montana Coal Endowment Program › 90-6-702. Purpose

90-6-702. Purpose.
The purpose of the Montana coal endowment program is to assist local governments in funding infrastructure projects that will:
(1) create jobs for Montana residents;
(2) promote economic growth in Montana by helping to finance the necessary infrastructure;
(3) encourage local public facility improvements;
(4) create a partnership between the state and local governments to make necessary public projects affordable;
(5) support long-term, stable economic growth in Montana;
(6) protect future generations from undue fiscal burdens caused by financing necessary public works;
(7) coordinate and improve infrastructure financing by federal, state, local government, and private sources; and
(8) enhance the quality of life and protect the health, safety, and welfare of Montana citizens.
History: En. Sec. 2, Ch. 3, Sp. L. January 1992; amd. Sec. 6, Ch. 330, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 7. Montana Coal Endowment Program › 90-6-703. Types of financial assistance available

90-6-703. Types of financial assistance available.
(1) The legislature shall provide for and make available to local governments the following types of financial assistance under this part:
(a) matching grants for local infrastructure projects;
(b) matching grants for infrastructure planning; and
(c) emergency grants for local infrastructure projects.
(2) The department of commerce may provide local governments with emergency grants for infrastructure projects only if necessary to remedy conditions that, if allowed to continue until legislative approval could be obtained, will endanger the public health or safety and expose the applicant to substantial financial risk. The department shall report to the governor, the legislative fiscal analyst, and the local government interim committee in accordance with 5-11-210 regarding emergency grants that are awarded during each biennium. The report must be provided in an electronic format.
(3) The department of commerce may provide local governments with matching grants for infrastructure planning. The department shall report to the governor and the legislature in accordance with 5-11-210 regarding infrastructure planning grants that are awarded during each biennium.
History: En. Sec. 5, Ch. 3, Sp. L. January 1992; amd. Sec. 2, Ch. 432, L. 1993; amd. Sec. 497, Ch. 418, L. 1995; amd. Sec. 7, Ch. 580, L. 2005; amd. Sec. 13, Ch. 389, L. 2011; amd. Sec. 20, Ch. 120, L. 2013; amd. Sec. 135, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 7. Montana Coal Endowment Program › 90-6-709. Agreements with tribal governments

90-6-709. Agreements with tribal governments.
(1) Agreements with tribal governments in Montana entered into under this part must contain, in addition to other appropriate terms and conditions, the following conditions:
(a) a requirement that in the event that a dispute or claim arises under the agreement, state law will govern as to the interpretation and performance of the agreement and that any judicial proceeding concerning the terms of the agreement will be brought in the district court of the first judicial district of the state of Montana;
(b) an express waiver of the tribal government's immunity from suit on any issue specifically arising from the transaction of a loan or grant; and
(c) an express waiver of any right to exhaust tribal remedies signed by the tribal government.
(2) Agreements with tribal governments must be approved by the secretary of the United States department of the interior whenever approval is necessary.
History: En. Sec. 3, Ch. 268, L. 1999.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 7. Montana Coal Endowment Program › 90-6-715. Special revenue account -- use

90-6-715. (Temporary) Special revenue account -- use.
(1) (a) The Montana coal endowment regional water system special revenue account may be used to:
(i) provide matching funds to plan and construct regional drinking water systems in Montana;
(ii) pay the debt service for regional water system bond issues;
(iii) provide funding of administrative expenses for state and local entities associated with regional drinking water systems; and
(iv) pay the costs of eligible projects on an interim basis pending the receipt of grant and loan funds by those systems or entities.
(b) Except for the debt service administrative expenses and payment of the costs of eligible projects on an interim basis provided for in subsection (1)(a), each state dollar must be matched equally by local funds. Federal and state grants may not be used as a local match.
(2) Up to 25% of the local matching funds required under subsection (1) for the Montana coal endowment regional water system may be in the form of debt that was incurred by local government entities included in the regional water system to construct individual drinking water systems before the individual systems were connected to the regional system. However, the amount of an individual entity's debt that may be used for matching funds is limited to the amount necessary to allow the entity to maintain its water service charges below the hardship standard established by the department through administrative rules adopted under 90-6-710.
(3) The funds in the account are further restricted to be used to finance regional drinking water systems that supply water to large geographical areas and serve multiple local governments, such as projects in north central Montana, from the waters of the Tiber reservoir, that will provide water for domestic use, industrial use, and stock water for communities and rural residences that lie south of the Canadian border, west of Havre, north of Dutton, and east of Cut Bank and in northeastern Montana, from the waters of the Missouri River, that will provide water for domestic use, industrial use, and stock water for communities and rural residences that lie south of the Canadian border, west of the North Dakota border, north of the Missouri River, and east of range 39.
(4) The funds must be administered by the department of natural resources and conservation for eligible projects. (Terminates June 30, 2031--secs. 1 through 3, Ch. 305, L. 2015.)
History: En. Sec. 2, Ch. 495, L. 1999; amd. Sec. 1, Ch. 233, L. 2001; amd. Sec. 10, Ch. 435, L. 2001; amd. Sec. 134, Ch. 114, L. 2003; amd. Sec. 1, Ch. 158, L. 2003; amd. Sec. 1, Ch. 352, L. 2005; amd. Sec. 9, Ch. 580, L. 2005; amd. Sec. 8, Ch. 330, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 7. Montana Coal Endowment Program › 90-6-716. Exemption from environmental review

90-6-716. Exemption from environmental review.
The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants related to infrastructure projects or planning pursuant to this part.
History: En. Sec. 1, Ch. 113, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 8. Quality Schools Facility Grant Program (Repealed) › 90-6-801. Repealed

90-6-801. Repealed.
Sec. 9, Ch. 404, L. 2017.
History: En. Sec. 1, Ch. 377, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 8. Quality Schools Facility Grant Program (Repealed) › 90-6-802. Repealed

90-6-802. Repealed.
Sec. 9, Ch. 404, L. 2017.
History: En. Sec. 2, Ch. 377, L. 2009; amd. Sec. 4, Ch. 325, L. 2013.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 8. Quality Schools Facility Grant Program (Repealed) › 90-6-803. Repealed

90-6-803. Repealed.
Sec. 9, Ch. 404, L. 2017.
History: En. Sec. 3, Ch. 377, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 8. Quality Schools Facility Grant Program (Repealed) › 90-6-809. Repealed

90-6-809. Repealed.
Sec. 9, Ch. 404, L. 2017.
History: En. Sec. 4, Ch. 377, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 8. Quality Schools Facility Grant Program (Repealed) › 90-6-810. Repealed

90-6-810. Repealed.
Sec. 9, Ch. 404, L. 2017.
History: En. Sec. 5, Ch. 377, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 8. Quality Schools Facility Grant Program (Repealed) › 90-6-811. Repealed

90-6-811. Repealed.
Sec. 9, Ch. 404, L. 2017.
History: En. Sec. 6, Ch. 377, L. 2009; amd. Sec. 10, Ch. 325, L. 2013.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 8. Quality Schools Facility Grant Program (Repealed) › 90-6-812. Repealed

90-6-812. Repealed.
Sec. 10, Ch. 404, L. 2017.
History: En. Sec. 7, Ch. 377, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 8. Quality Schools Facility Grant Program (Repealed) › 90-6-818. Repealed

90-6-818. Repealed.
Sec. 10, Ch. 404, L. 2017.
History: En. Sec. 8, Ch. 377, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 8. Quality Schools Facility Grant Program (Repealed) › 90-6-819. Repealed

90-6-819. Repealed.
Sec. 9, Ch. 404, L. 2017.
History: En. Sec. 9, Ch. 377, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 10. Oil, Gas, and Coal Resource Funding › 90-6-1001. Oil, gas, and coal natural resource accounts

90-6-1001. Oil, gas, and coal natural resource accounts.
(1) There is an oil and gas natural resource distribution account in the state special revenue fund. The collections allocated to the account from 15-36-331(2)(b) must be deposited in the account to be used as provided in 15-36-332(7).
(2) There is a coal natural resource account in the state special revenue fund. The collections allocated to the account from 15-35-108(9) must be deposited in the account. The account receives earnings from the coal board fund as provided in 17-5-703. The money in the account is allocated to the coal board provided for in 2-15-1821 and may be used only for local impact grants provided for in 90-6-205 through 90-6-207 and costs related to the administration of the grant awards.
History: En. Sec. 1, Ch. 603, L. 2005; amd. Sec. 5, Ch. 33, L. 2009; amd. Sec. 32, Ch. 128, L. 2011; amd. Sec. 14, Ch. 351, L. 2017; amd. Sec. 6, Ch. 414, L. 2019; amd. Sec. 4, Ch. 717, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 1. General Provisions › 90-7-101. Short title

90-7-101. Short title.
This chapter may be cited as the "Montana Facility Finance Authority Act".
History: En. Sec. 2, Ch. 703, L. 1983; amd. Sec. 5, Ch. 137, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 1. General Provisions › 90-7-102. Definitions

90-7-102. Definitions.
As used in this chapter, unless the context requires otherwise, the following definitions apply:
(1) "Authority" means the Montana facility finance authority created in 2-15-1815.
(2) "Capital reserve account" means the account established in 90-7-317.
(3) "Costs" means costs allowed under 90-7-103.
(4) "Eligible facility" means any eligible facility as defined in 90-7-104.
(5) (a) "Institution" means any public or private:
(i) nonprofit hospital, corporation, or other organization authorized to provide or operate an eligible facility in this state;
(ii) nonprofit prerelease center, corporation, or other organization authorized to operate a prerelease center in this state; or
(iii) for-profit or nonprofit corporation or other organization authorized to provide for or to operate a project or a facility with qualified small issue bond financing pursuant to section 144(a) of the Internal Revenue Code, 26 U.S.C. 144(a).
(b) The term also includes the following, provided that the entity is a nonprofit entity or is controlled by one or more nonprofit entities:
(i) a network of health care providers, regardless of how it is organized;
(ii) an integrated health care delivery system;
(iii) a joint venture or partnership between or among health care providers;
(iv) a purchasing alliance composed of health care providers;
(v) any health insurers and third-party administrators that are participants in a system, network, joint venture, or partnership that provides health services through one or more health facilities.
(6) "Participating institution" means an institution that undertakes the financing, refunding, or refinancing of obligations on the construction or acquisition of an eligible facility pursuant to the provisions of this chapter.
(7) "Revenue" means, with respect to eligible facilities, the rents, fees, charges, interest, principal repayments, and other income received or to be received by the authority from any source on account of the eligible facilities.
History: En. Sec. 3, Ch. 703, L. 1983; amd. Sec. 1, Ch. 673, L. 1991; amd. Sec. 1, Ch. 477, L. 1997; amd. Sec. 1, Ch. 479, L. 1997; amd. Sec. 6, Ch. 137, L. 2001; amd. Sec. 1, Ch. 402, L. 2009; amd. Sec. 49, Ch. 489, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 1. General Provisions › 90-7-103. Allowable costs

90-7-103. Allowable costs.
Costs eligible for financing or refinancing under this chapter include:
(1) the total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, equipment, enlargement, and improvement of an eligible facility and the acquisition of all real and personal property interests necessary or useful in connection with the eligible facility and all other undertakings that the authority considers reasonable or necessary for the development of the eligible facility;
(2) the cost of demolishing or removing any building or structure on land so acquired, the cost of acquiring any land to which the building or structure may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction and, if judged advisable by the authority, for a period after completion of construction, and the cost of financing the eligible facility, including interest on bonds and notes issued by the authority to finance the eligible facility;
(3) reserves for principal and interest and for extensions, enlargements, additions, and improvements, including without limitation the cost of studies and surveys;
(4) the costs for land title and mortgage guaranty policies;
(5) the costs of plans, specifications, and architectural and engineering services;
(6) the costs of legal, organization, marketing, or other special services;
(7) the costs of financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings;
(8) the costs of rehabilitation, reconstruction, repair, or remodeling of existing buildings; and
(9) all other expenses necessary and incidental to the construction and acquisition of the eligible facility, the financing of construction, and the acquisition and placing of the eligible facility into operation.
History: En. Sec. 5, Ch. 703, L. 1983; amd. Sec. 2, Ch. 477, L. 1997; amd. Sec. 7, Ch. 137, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 1. General Provisions › 90-7-104. Eligible facility

90-7-104. Eligible facility.
(1) The term "eligible facility" means any structure or building suitable for use as:
(a) a hospital, clinic, nursing home, or other health care facility as defined in 50-5-101;
(b) a public health center, as defined in 7-34-2102;
(c) a facility for persons with disabilities;
(d) a chemical dependency treatment facility;
(e) a nursing school;
(f) a medical teaching facility;
(g) a laboratory;
(h) a dental care facility;
(i) a prerelease center;
(j) a diagnostic, treatment, or surgical center;
(k) a facility providing services for the elderly;
(l) applicable to a project or a facility with qualified small issue bond financing pursuant to section 144(a) of the Internal Revenue Code, 26 U.S.C. 144(a); or
(m) a structure or facility related to any of the uses enumerated in subsections (1)(a) through (1)(l) or required or useful for the operation of an eligible facility. These related facilities include supporting service structures and all necessary, useful, and related equipment, furnishings, and appurtenances and include without limitation the acquisition, preparation, and development of all lands and real and personal property necessary or convenient as a site for any of the uses enumerated in subsections (1)(a) through (1)(l).
(2) An eligible facility does not include:
(a) items such as food, fuel, supplies, or other items that are customarily considered as current operating expenses; and
(b) a structure used or to be used primarily for sectarian instruction or study or as a place for devotional activities or religious worship.
History: En. Sec. 4, Ch. 703, L. 1983; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 19, Ch. 93, L. 1997; amd. Sec. 80, Ch. 472, L. 1997; amd. Sec. 3, Ch. 477, L. 1997; amd. Sec. 2, Ch. 479, L. 1997; amd. Sec. 8, Ch. 137, L. 2001; amd. Sec. 2, Ch. 402, L. 2009; amd. Sec. 50, Ch. 489, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 1. General Provisions › 90-7-111. Credit of state not pledged -- statement on obligation required

90-7-111. Credit of state not pledged -- statement on obligation required.
(1) Obligations issued under the provisions of this chapter do not constitute a debt, liability, obligation, or pledge of the faith and credit of the state but are payable solely from the revenue or assets of the institution being financed.
(2) An obligation issued under this chapter must contain on the face of the obligation a statement to the effect that the state of Montana is not liable on the obligation, the obligation is not a debt of the state, and neither the faith and credit nor the taxing power of the state is pledged to the payment of the principal of or the interest on the obligation.
History: En. Sec. 18, Ch. 703, L. 1983; amd. Sec. 4, Ch. 477, L. 1997.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 1. General Provisions › 90-7-112. Exemption from taxation -- securities law

90-7-112. Exemption from taxation -- securities law.
(1) The authority performs a public function for the benefit of the people of the state for the improvement of their health and living conditions and is a public instrumentality of the state. Accordingly, the income or other revenue of the authority and all property owned by the authority and any bonds, notes, or other obligations issued under this chapter, their transfer, and income therefrom, including any profit made on the sale thereof, are exempt at all times from all taxation in the state of Montana.
(2) Bonds issued by the authority are exempt from the Montana Securities Act, but copies of all prospectus and disclosure documents must be deposited with the state securities commissioner for public inspection.
History: En. Sec. 19, Ch. 703, L. 1983.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 1. General Provisions › 90-7-113. Bonds as legal investment

90-7-113. Bonds as legal investment.
(1) Bonds issued by the authority under the provisions of this chapter are securities in which funds may be legally and properly invested, including capital in the control of or belonging to:
(a) public officers and public bodies of the state and its political subdivisions;
(b) insurance companies;
(c) credit unions, building and loan associations, investment companies, savings banks, banking associations, and trust companies;
(d) personal representatives, public administrators, trustees, and other fiduciaries; and
(e) pension, profit-sharing, and retirement funds.
(2) Bonds issued under this chapter are securities that may properly and legally be deposited with and received by any state or municipal officer or any agency or municipality of the state for any purpose for which the deposit of bonds or obligations of the state is authorized by law.
History: En. Sec. 23, Ch. 703, L. 1983.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 1. General Provisions › 90-7-116. Taxation of certain projects financed by authority

90-7-116. Taxation of certain projects financed by authority.
(1) Regardless of whether the title to a project is held by the authority or a trustee acting for the authority, if the project is being financed by the authority on behalf of a for-profit corporation or other organization, the project is subject to taxation to the same extent, in the same manner, and under the same procedures as privately owned property in similar circumstances if the project is leased to or held by private interests on both the assessment date and the date the county commissioners set the mill levies in any year. The project is not subject to taxation in any year during which it is not leased to or held by private interests on both the assessment date and the date the county commissioners set the mill levy.
(2) When personal property owned by the authority or a trustee acting for the authority is taxed under this section and the personal property taxes on the personal property are delinquent, a levy by warrant for distraint for collection of the delinquent taxes may be made only on the personal property against which the taxes were levied.
History: En. Sec. 3, Ch. 402, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 1. General Provisions › 90-7-121. Biennial audit

90-7-121. Biennial audit.
The authority's books and records must be audited at least once each biennium, by or at the direction of the legislative auditor. The actual costs of the audit shall be paid from the authority's funds.
History: En. Sec. 26, Ch. 703, L. 1983; amd. Sec. 1, Ch. 220, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 2. Authority Administration, Powers, and Limitations › 90-7-201. Authority -- quorum -- mode of action -- expenses

90-7-201. Authority -- quorum -- mode of action -- expenses.
(1) Four members of the authority constitute a quorum for the purpose of conducting business. Action may be taken by the authority upon the affirmative vote of at least four of its members. A vacancy in the membership of the authority does not impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
(2) Each meeting of the authority for any purpose must be open to the public as provided for in Title 2, chapter 3, part 2. Resolutions need not be published or posted.
(3) Each member is entitled to be paid $50 for each day that the member is actually and necessarily engaged in the performance of board duties plus cost of travel, lodging, and meals as provided in 2-18-501 through 2-18-503.
History: En. Sec. 6, Ch. 703, L. 1983; amd. Sec. 1, Ch. 309, L. 1987; amd. Sec. 3, Ch. 479, L. 1997.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 2. Authority Administration, Powers, and Limitations › 90-7-203. Staff of authority

90-7-203. Staff of authority.
The authority may employ or contract for any professional staff or consultants necessary. Such employment and contracting must be done in consultation with the department of commerce.
History: En. Sec. 9, Ch. 703, L. 1983.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 7. Facility Finance Authority › Part 2. Authority Administration, Powers, and Limitations › 90-7-204. Agent of the authority

90-7-204. Agent of the authority.
The authority may designate a participating institution as its agent for determining the location and character of an eligible facility undertaken by that institution under the provisions of this chapter. As agent, the institution may acquire, construct, reconstruct, renovate, replace, improve, maintain, repair, operate, lease, as lessee or lessor, and enter into contracts for any and all such purposes, including contracts for the management and operation of the facility.
History: En. Sec. 11, Ch. 703, L. 1983; amd. Sec. 6, Ch. 477, L. 1997.