Title 90, Title 90

In this part, the following definitions apply: (1) "Board" means the hard-rock mining impact board established in 2-15-1822. (2) "Bonds" include bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certifica…

(1) The board shall elect a presiding officer from among its members. (2) The board shall meet as necessary or as called by the presiding officer or a majority of the members. (3) The board is allocated to the department of commerce for administrative purposes only as provided in…

(Temporary) Accounts established. (1) There is within the state custodial fund type a hard-rock mining impact account. Money is payable into this account from payments made by a mining developer in compliance with the written guarantee from the developer to meet the increased cos…

(1) The board may: (a) retain professional staff, including its administrative staff, and retain consultants and advisers, notwithstanding the provisions of 2-15-121; (b) adopt rules governing its proceedings, determinations, and administration of this part; (c) make payments to …

(1) After an application for a permit for a large-scale mineral development is made under 82-4-335, the person seeking the permit shall submit to the affected counties and the board an impact plan describing the economic impact the large-scale mineral development will have on loc…

It is intended that the procedure for fulfilling the permit requirement of 82-4-335 and the review of the impact plan by the board under 90-6-307(5) and (6), if review occurs, are to run concurrently.

(1) After permission to commence operation is granted by the appropriate governmental agency and upon request of the governing body of a county in which a facility is to be located, a person intending to construct or locate a large-scale mineral development in this state shall pr…

(1) When the need for the construction, renovation, improvement, or acquisition of local government facilities as a result of the large-scale mineral development is determined under 90-6-307, the owners of a large-scale mineral development may enter into a written agreement with …

(1) The impact plan may provide for amendment under definite conditions specified in the plan. Also, the governing body of an affected county or the mineral developer may petition the board for an amendment to an approved impact plan if: (a) employment at the large-scale mineral …

A local government unit may budget and expend payments received from a mineral developer under this part or part 4 of this chapter or pursuant to a plan approved under this part. If a payment is requested or received after the adoption of the budget for the fiscal year in which t…

(Temporary) Payment to counties -- statutory appropriation. Prior to each October 31, all money segregated by county in the hard-rock mining impact trust account following allocation to the hard-rock mining impact trust account established in 90-6-304(2) as of the immediately pre…

The commencement of new large-scale hard-rock mineral developments often results in revenue disparities among adjacent local government units. This occurs primarily when a mine that locates in one taxing jurisdiction causes population influxes in neighboring jurisdictions. The re…

As used in this part, the following definitions apply: (1) "Affected local government unit" means a local government unit that will experience a need to increase services or facilities as a result of the commencement of large-scale mineral development or within which a large-scal…

(1) When an impact plan for a large-scale mineral development approved pursuant to 90-6-307 identifies a jurisdictional revenue disparity, the board shall promptly notify the developer, all affected local government units, and the department of revenue of the disparity. Except as…

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 loca…

(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…

This part may be cited as the "Reverse Annuity Mortgage Loan Act".

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 rever…

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…

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.

(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 a…

(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…

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.

The board of housing is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing loans, administering a loan program, or creating a loan program related to reverse annuity mortgage loans to elderly citizens.

This part may be cited as the "Montana Veterans' Home Loan Mortgage Program Act".

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" m…

(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 housing shall administer $50 million or more of the Montana housing trust provided for in 90-6-150 fo…

(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 fir…

(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 p…

The board is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing loans, administering a loan program, or creating a loan program related to the veterans' home loan mortgage program.

(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 f…

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 pub…

(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 in…

(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 gov…

(1) The department of commerce must receive proposals for infrastructure projects from local governments on a continual basis. The department shall work with a local government in preparing cost estimates for a project. In reviewing project proposals, the department may consult w…

(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 s…

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.

This chapter may be cited as the "Montana Facility Finance Authority Act".

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 all…

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 acqu…

(1) The term "eligible facility" means any structure or building located within the United States that is suitable or qualifying 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-…

(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 cha…

(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 …

(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) i…

(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, i…

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.