Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                           HB 967.1
                                                HOUSE BILL NO. 967
          INTRODUCED BY A. BUCKLEY, S. FITZPATRICK, D. SALOMON, B. BARKER, J. KASSMIER
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  A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING A CHILD CARE SUBTRUST IN THE COAL
  SEVERANCE TAX TRUST FUND; ESTABLISHING A STATE SPECIAL REVENUE ACCOUNT TO RECEIVE
  MONTHLY INTEREST AND EARNINGS; PROVIDING FOR ELIGIBLE USES OF THE ACCOUNT;
  REQUIRING AN APPLICATION FEE; AMENDING SECTION 17-5-703, 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.        Child care fund -- state special revenue account -- scholarship and
  grants. (1) There is a child care state special revenue account to the benefit of the department of public health
  and human services. Pursuant to 17-5-703, interest and earnings from the child care trust are transferred into
  the state special revenue account monthly.
          (2)      Eligible uses of the funds in the account include funding programs within the department that
  provide scholarships or grants for child care expenses.
          (3)      Each applicant for a grant or scholarship from the account provided for in this section shall pay
  a $5 fee upon submittal of a request for funds.
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          Section 2. Section 17-5-703, MCA, is amended to read:
          "17-5-703.   (Temporary) Coal severance tax trust funds. (1) The trust established under Article IX,
  section 5, of the Montana constitution is composed of the following funds:
          (a)      a coal severance tax bond fund into which the constitutionally dedicated receipts from the coal
  severance tax must be deposited;
          (b)      a Montana coal endowment fund;
          (c)      a Montana coal endowment regional water system fund;
          (d)      a coal severance tax permanent fund;
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68th Legislature 2023                                                                                               HB 967.1
          (e)      a coal severance tax income fund;
          (f)      a big sky economic development fund; and
          (g)      a school facilities fund; and
          (h)      a child care fund.
          (2)      (a) The state treasurer shall determine, on July 1 of each year, the amount necessary to meet
  all principal and interest payments on bonds payable from the coal severance tax bond fund during the next 12
  months and retain that amount in the coal severance tax bond fund.
          (b)      The amount in the coal severance tax bond fund in excess of the amount required in
  subsection (2)(a) must be transferred from that fund as provided in subsections (4) and (5).
          (3)      (a) The state treasurer shall monthly transfer from the Montana coal endowment fund to the
  Montana coal endowment special revenue account the amount of earnings, excluding unrealized gains and
  losses, required to meet the obligations of the state that are payable from the account in accordance with 90-6-
  710. Earnings not transferred to the Montana coal endowment special revenue account must be retained in the
  Montana coal endowment fund.
          (b)      The state treasurer shall monthly transfer from the Montana coal endowment regional water
  system fund to the Montana coal endowment regional water system special revenue account the amount of
  earnings, excluding unrealized gains and losses, required to meet the obligations of the state that are payable
  from the account for regional water systems authorized under 90-6-715. Earnings not transferred to the
  Montana coal endowment regional water system special revenue account must be retained in the Montana coal
  endowment regional water system fund.
          (4)      (a) Starting July 1, 2017, the state treasurer shall quarterly transfer to the school facilities fund
  provided for in 20-9-380(1) 75% of the amount in the coal severance tax bond fund in excess of the amount that
  is specified in subsection (2) to be retained in the fund. The budget director shall certify to the state treasurer
  when the balance of the school facilities fund is $200 million. Beginning with the quarter following this
  certification, the state treasurer shall instead transfer to the coal severance tax permanent fund 75% of the
  amount in the coal severance tax bond fund that exceeds the amount that is specified in subsection (2) to be
  retained in the fund.
          (b)      The state treasurer shall monthly transfer from the school facilities fund to the account
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68th Legislature 2023                                                                                             HB 967.1
  established in 20-9-525 the amount of earnings, excluding unrealized gains and losses, required to meet the
  obligations of the state that are payable from the account. Earnings not transferred to the account established
  in 20-9-525 must be retained in the school facilities fund.
           (5)      (a) From July 1, 2005, through June 30, 2025, the state treasurer shall quarterly transfer to the
  big sky economic development fund 25% of the amount in the coal severance tax bond fund in excess of the
  amount that is specified in subsection (2) to be retained in the fund.
           (b)      The state treasurer shall monthly transfer from the big sky economic development fund to the
  economic development special revenue account, provided for in 90-1-205, the amount of earnings, excluding
  unrealized gains and losses, required to meet the obligations of the state that are payable from the account in
  accordance with 90-1-204. Earnings not transferred to the economic development special revenue account
  must be retained in the big sky economic development fund.
           (6)      (a) By August 15, 2023, the state treasurer shall transfer to the child care fund $150 million
  from the coal severance tax permanent fund.
           (b)      The state treasurer shall monthly transfer from the child care fund to the account established in
  [section 1] the amount of earnings, excluding unrealized gains and losses, that are payable from the account.
  Earnings not transferred to the account established in [section 1] must be retained in the child care fund.
           (6)(7)   Any amount in the coal severance tax bond fund in excess of the amount that is specified in
  subsection (2)(a) to be retained in the fund and that is not otherwise allocated under this section must be
  deposited in the coal severance tax permanent fund. (Terminates June 30, 2031--secs. 1 through 3, Ch. 305, L.
  2015.)
           17-5-703. (Effective July 1, 2031) Coal severance tax trust funds. (1) The trust established under
  Article IX, section 5, of the Montana constitution is composed of the following funds:
           (a)      a coal severance tax bond fund into which the constitutionally dedicated receipts from the coal
  severance tax must be deposited;
           (b)      a Montana coal endowment fund;
           (c)      a coal severance tax permanent fund;
           (d)      a coal severance tax income fund;
           (e)      a big sky economic development fund; and
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68th Legislature 2023                                                                                               HB 967.1
          (f)      a school facilities fund; and
          (g)      a child care fund.
          (2)      (a) The state treasurer shall determine, on July 1 of each year, the amount necessary to meet
  all principal and interest payments on bonds payable from the coal severance tax bond fund during the next 12
  months and retain that amount in the coal severance tax bond fund.
          (b)      The amount in the coal severance tax bond fund in excess of the amount required in
  subsection (2)(a) must be transferred from that fund as provided in subsections (4) and (5).
          (3)      The state treasurer shall monthly transfer from the Montana coal endowment fund to the
  Montana coal endowment special revenue account the amount of earnings, excluding unrealized gains and
  losses, required to meet the obligations of the state that are payable from the account in accordance with 90-6-
  710. Earnings not transferred to the Montana coal endowment special revenue account must be retained in the
  Montana coal endowment fund.
          (4)      (a) Starting July 1, 2017, the state treasurer shall quarterly transfer to the school facilities fund
  provided for in 20-9-380(1) 75% of the amount in the coal severance tax bond fund in excess of the amount that
  is specified in subsection (2) to be retained in the fund. The budget director shall certify to the state treasurer
  when the balance of the school facilities fund is $200 million. Beginning with the quarter following this
  certification, the state treasurer shall instead transfer to the coal severance tax permanent fund 75% of the
  amount in the coal severance tax bond fund that exceeds the amount that is specified in subsection (2) to be
  retained in the fund.
          (b)      The state treasurer shall monthly transfer from the school facilities fund to the account
  established in 20-9-525 the amount of earnings, excluding unrealized gains and losses, required to meet the
  obligations of the state that are payable from the account. Earnings not transferred to the account established
  in 20-9-525 must be retained in the school facilities fund.
          (5)      (a) From July 1, 2005, through June 30, 2025, the state treasurer shall quarterly transfer to the
  big sky economic development fund 25% of the amount in the coal severance tax bond fund in excess of the
  amount that is specified in subsection (2) to be retained in the fund.
          (b)      The state treasurer shall monthly transfer from the big sky economic development fund to the
  economic development special revenue account, provided for in 90-1-205, the amount of earnings, excluding
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68th Legislature 2023                                                                                                HB 967.1
  unrealized gains and losses, required to meet the obligations of the state that are payable from the account in
  accordance with 90-1-204. Earnings not transferred to the economic development special revenue account
  must be retained in the big sky economic development fund.
          (6)      The state treasurer shall monthly transfer from the child care fund to the account established in
  [section 1] the amount of earnings, excluding unrealized gains and losses, that are payable from the account.
          (6)(7)   Any amount in the coal severance tax bond fund in excess of the amount that is specified in
  subsection (2)(a) to be retained in the fund and that is not otherwise allocated under this section must be
  deposited in the coal severance tax permanent fund."
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          NEW SECTION. Section 3.          Codification instruction. [Section 1] is intended to be codified as an
  integral part of Title 52, chapter 2, part 7, and the provisions of Title 52, chapter 2, part 7, apply to [section 1].
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          NEW SECTION. Section 4.          Effective date. [This act] is effective July 1, 2023.
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Statutes affected: 
HB0967_1.pdf: 17-5-703
HB0967_2.pdf: 17-5-703, 17-7-502
Amended: 17-5-703, 17-7-502
Introduced: 17-5-703