Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                            HB 82.1
                                                HOUSE BILL NO. 82
                                       INTRODUCED BY G. NIKOLAKAKOS
                          BY REQUEST OF THE DEPARTMENT OF MILITARY AFFAIRS
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  A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING A MONTANA NATIONAL GUARD ENLISTMENT
  INCENTIVE PROGRAM; PROVIDING FOR INCENTIVE PAYMENTS; PROVIDING FOR A VOLUNTARY
  CONTRIBUTION TO THE PROGRAM ON AN INDIVIDUAL INCOME TAX RETURN; PROVIDING A
  STATUTORY APPROPRIATION; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 15-30-
  2392 AND 17-7-502, MCA; AND PROVIDING AN EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.        Montana national guard enlistment incentive program. (1) There is a
  Montana national guard enlistment incentive program to encourage enlistment into the Montana national guard.
          (2)      Except as provided in subsection (3), the enlistment program authorizes an incentive payment
  of up to $500 to current members of the Montana national guard in the pay grades of E-1 to O-5 or any former
  member of the Montana national guard for each new or prior service recruit that a service member refers to the
  Montana national guard.
          (3)      The following personnel are ineligible for enlistment incentive program payments:
          (a)      Montana national guard soldiers and aircrews who are currently assigned or attached or have
  been assigned or attached in the previous 6 months to either the Montana air national guard recruiting and
  retention section or the Montana army national guard recruiting and retention battalion;
          (b)      current federal or civilian employees of the Montana air national guard recruiting and retention
  section or the Montana army national guard recruiting and retention battalion; and
          (c)      contractor employers and contractor employees for the Montana air national guard recruiting
  and retention section or the Montana army national guard recruiting and retention battalion.
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          NEW SECTION. Section 2.        Oversight and administration -- rulemaking. The adjutant general
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68th Legislature 2023                                                                                                HB 82.1
  shall adopt rules pursuant to 10-1-105 to administer the enlistment incentive program and oversee its execution
  by the Montana national guard recruiting offices in coordination with the department of military affairs.
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          NEW SECTION. Section 3.         Montana national guard enlistment incentive account -- statutory
  appropriation. (1) There is a Montana national guard enlistment incentive account in the state special revenue
  fund established in 17-2-102.
          (2)      The fund must contain money appropriated by the legislature, monetary gifts, grants donated to
  the fund, and all contributions made to the fund pursuant to 15-30-2392.
          (3)      The adjutant general shall oversee expenditures from the account.
          (4)      Money in the account is statutorily appropriated, as provided in 17-7-502, to the department for
  the purposes of [section 1] and may not be used for any purpose other than encouraging enlistment in the
  Montana national guard.
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          Section 4. Section 15-30-2392, MCA, is amended to read:
          "15-30-2392.    Voluntary checkoff for Montana military relief fund and Montana national guard
  enlistment incentive program. (1) (a) Each individual taxpayer who is required to file an income tax return
  under Title 15, chapter 30, may contribute to the Montana military family relief fund established in 10-1-1302 by
  marking the appropriate box on the state income tax return.
          (2)(b)   The department shall include on each Montana state individual income tax return form a clear
  and conspicuous provision by which the taxpayer may indicate a contribution to the Montana military family
  relief fund. The contribution may be made from the amount to be refunded to the taxpayer or, if no refund is
  due, must be in addition to the amount of tax required to be paid. The provision provisions must be in
  substantially the following form:
          Montana military family relief fund. Check the appropriate blank if you wish to contribute, in addition to
  your existing tax liability, ___ $5, ___ $10, or ___ (specify an amount) to support the Montana military family
  relief fund. If a joint return, check the appropriate blank if your spouse wishes to contribute, in addition to your
  existing tax liability, ___ $5, ___ $10, or ___ (specify an amount) for the same purpose.
          (3)(c)   Money received under this section must be deposited into in the account established in 10-1-
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68th Legislature 2023                                                                                            HB 82.1
  1303 after the department has deducted the administrative charge provided for in 15-30-2386."
          (2)      (a) Each individual taxpayer who is required to file an income tax return under Title 15, chapter
  30, may contribute to the Montana national guard enlistment incentive program established in [section 1] by
  marking the appropriate box on the state income tax return.
          (b)      The department shall include on each Montana state individual income tax return form a clear
  and conspicuous provision by which the taxpayer may indicate a contribution to the Montana national guard
  enlistment incentive program. The contribution may be made from the amount to be refunded to the taxpayer
  or, if no refund is due, must be in addition to the amount of tax required to be paid. The provisions must be in
  substantially the following form:
          Montana national guard enlistment incentive program. Check the appropriate blank if you wish to
  contribute, in addition to your existing tax liability, ___ $5, ___ $10, or ___ (specify an amount) to support the
  Montana national guard enlistment incentive program. If a joint return, check the appropriate blank if your
  spouse wishes to contribute, in addition to your existing tax liability, ___ $5, ___ $10, or ___ (specify an
  amount) for the same purpose.
          (c)      Money received under this section must be deposited in the account established in [section 3]
  after the department has deducted the administrative charge provided for in 15-30-2386."
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          Section 5. Section 17-7-502, MCA, is amended to read:
          "17-7-502.   Statutory appropriations -- definition -- requisites for validity. (1) A statutory
  appropriation is an appropriation made by permanent law that authorizes spending by a state agency without
  the need for a biennial legislative appropriation or budget amendment.
          (2)      Except as provided in subsection (4), to be effective, a statutory appropriation must comply with
  both of the following provisions:
          (a)      The law containing the statutory authority must be listed in subsection (3).
          (b)      The law or portion of the law making a statutory appropriation must specifically state that a
  statutory appropriation is made as provided in this section.
          (3)      The following laws are the only laws containing statutory appropriations: 2-17-105; 5-11-120; 5-
  11-407; 5-13-403; 5-13-404; 7-4-2502; 7-4-2924; 7-32-236; 10-1-108; [section 3]; 10-1-1202; 10-1-1303; 10-2-
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68th Legislature 2023                                                                                             HB 82.1
  603; 10-2-807; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-3-802; 10-3-1304; 10-4-304; 10-4-310; 15-1-121;
  15-1-218; 15-31-165; 15-31-1004; 15-31-1005; 15-35-108; 15-36-332; 15-37-117; 15-39-110; 15-65-121; 15-
  70-101; 15-70-130; 15-70-433; 16-11-119; 16-11-509; 17-3-106; 17-3-212; 17-3-222; 17-3-241; 17-6-101; 17-7-
  215; 18-11-112; 19-3-319; 19-3-320; 19-6-404; 19-6-410; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-
  305; 19-19-506; 19-20-604; 19-20-607; 19-21-203; 20-8-107; 20-9-534; 20-9-622; [20-15-328]; 20-26-617; 20-
  26-1503; 22-1-327; 22-3-116; 22-3-117; [22-3-1004]; 23-4-105; 23-5-306; 23-5-409; 23-5-612; 23-7-301; 23-7-
  402; 30-10-1004; 37-43-204; 37-50-209; 37-54-113; 39-71-503; 41-5-2011; 42-2-105; 44-4-1101; 44-12-213;
  44-13-102; 46-32-108; 50-1-115; 53-1-109; 53-6-148; 53-9-113; 53-24-108; 53-24-206; 60-5-530; 60-11-115;
  61-3-321; 61-3-415; 67-1-309; 69-3-870; 69-4-527; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 75-26-308; 76-
  13-150; 76-13-151; 76-13-417; 76-17-103; 77-1-108; 77-2-362; 80-2-222; 80-4-416; 80-11-518; 80-11-1006;
  81-1-112; 81-1-113; 81-7-106; 81-7-123; 81-10-103; 82-11-161; 85-2-526; 85-20-1504; 85-20-1505; [85-25-
  102]; 87-1-603; 87-5-909; 90-1-115; 90-1-205; 90-1-504; 90-6-331; and 90-9-306.
          (4)      There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing,
  paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued
  pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of
  Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined
  by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have
  statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 10, Ch. 360, L. 1999, the
  inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement
  system's unfunded liability is 10 years or less; pursuant to sec. 73, Ch. 44, L. 2007, the inclusion of 19-6-410
  terminates contingently upon the death of the last recipient eligible under 19-6-709(2) for the supplemental
  benefit provided by 19-6-709; pursuant to sec. 5, Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on
  occurrence of contingency; pursuant to sec. 6, Ch. 423, L. 2015, the inclusion of 22-3-116 and 22-3-117
  terminates June 30, 2025; pursuant to sec. 12, Ch. 55, L. 2017, the inclusion of 37-54-113 terminates June 30,
  2023; pursuant to sec. 4, Ch. 122, L. 2017, the inclusion of 10-3-1304 terminates September 30, 2025;
  pursuant to sec. 1, Ch. 213, L. 2017, the inclusion of 90-6-331 terminates June 30, 2027; pursuant to secs. 5, 8,
  Ch. 284, L. 2017, the inclusion of 81-1-112, 81-1-113, and 81-7-106 terminates June 30, 2023; pursuant to sec.
  1, Ch. 340, L. 2017, the inclusion of 22-1-327 terminates July 1, 2023; pursuant to sec. 10, Ch. 374, L. 2017,
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68th Legislature 2023                                                                                                HB 82.1
  the inclusion of 76-17-103 terminates June 30, 2027; pursuant to sec. 5, Ch, 50, L. 2019, the inclusion of 37-50-
  209 terminates September 30, 2023; pursuant to sec. 1, Ch. 408, L. 2019, the inclusion of 17-7-215 terminates
  June 30, 2029; pursuant to secs. 11, 12, and 14, Ch. 343, L. 2019, the inclusion of 15-35-108 terminates June
  30, 2027; pursuant to sec. 7, Ch. 465, L. 2019, the inclusion of 85-2-526 terminates July 1, 2023; pursuant to
  sec. 5, Ch. 477, L. 2019, the inclusion of 10-3-802 terminates June 30, 2023; pursuant to secs. 1, 2, 3, Ch. 139,
  L. 2021, the inclusion of 53-9-113 terminates June 30, 2027; pursuant to sec. 8, Ch. 200, L. 2021, the inclusion
  of 10-4-310 terminates July 1, 2031; pursuant to secs. 3, 4, Ch. 404, L. 2021, the inclusion of 30-10-1004
  terminates June 30, 2027; pursuant to sec. 5, Ch. 548, L. 2021, the inclusion of 50-1-115 terminates June 30,
  2025; pursuant to secs. 5 and 12, Ch. 563, L. 2021, the inclusion of 22-3-1004 is effective July 1, 2027; and
  pursuant to sec. 15, Ch. 574, L. 2021, the inclusion of 46-32-108 terminates June 30, 2023.)"
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          NEW SECTION. Section 6.          Appropriation. (1) There is appropriated $250,000 from the general fund
  to the Montana national guard enlistment incentive account provided for in [section 3] for the biennium
  beginning July 1, 2023, for the purpose of encouraging enlistment in the Montana national guard.
          (2)      The legislature intends that the appropriation in this section be considered part of the ongoing
  base for the next legislative session.
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          NEW SECTION. Section 7.          Codification instruction. [Sections 1 through 3] are intended to be
  codified as an integral part of Title 10, chapter 1, and the provisions of Title 10, chapter 1, apply to [sections 1
  through 3].
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          NEW SECTION. Section 8.          Effective date. [This act] is effective July 1, 2023.
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Statutes affected: 
HB0082_1.pdf: 15-30-2392, 17-7-502
HB0082_2.pdf: 15-30-2392, 17-7-502
HB0082_3.pdf: 15-30-2392, 17-7-502
Amended: 15-30-2392, 17-7-502
Introduced: 15-30-2392, 17-7-502