76-13-150. Fire suppression account -- fund transfer. (1) There is a fire suppression account in the state special revenue fund to the credit of the department.
(2) The legislature may transfer money from other funds to the account, and the money in the account is subject to legislative fund transfers.
(3) Funds received for restitution by private parties must be deposited in the account.
(4) Money in the account may be used only for:
(a) fire suppression costs;
(b) fuel reduction and mitigation;
(c) forest restoration;
(d) grants for the purchase of fire suppression equipment for county cooperatives;
(e) forest management projects on federal land;
(f) support for collaborative groups that include at least one representative of an affected county commission that is engaged with a federal forest project and for local governments engaged in litigation related to federal forest projects; and
(g) road maintenance on federal lands.
(5) Interest earned on the balance of the account is retained in the account.
(6) Except as provided in subsections (7) and (8), by August 15 following the end of each fiscal year, an amount equal to the balance of unexpended and unencumbered general fund money appropriated in excess of 0.5% of the total general fund money appropriated for that fiscal year must be transferred by the state treasurer from the general fund to the fire suppression account. General fund appropriations that continue from a fiscal year to the next fiscal year and any general fund appropriations made pursuant to 10-3-310 or 10-3-312 are excluded from the calculation.
(7) The provisions of subsection (6) do not apply in a fiscal year in which reductions required by 17-7-140 occur or if a transfer pursuant to subsection (6) would require reductions pursuant to 17-7-140.
(8) The fund balance in the account may not exceed 4% of all general fund appropriations in the second year of the biennium.
(9) By August 15 of each even-numbered fiscal year, if the balance in the account at the end of the most recently completed odd-numbered fiscal year exceeds $40 million, the excess, up to $5 million, must be used in the biennium for the purposes in subsections (4)(b) through (4)(g). Of that amount, no more than 5% may be used for the purposes of subsection (4)(f).
(10) Money in the account is statutorily appropriated, as provided in 17-7-502, to the department for the purposes described in subsection (4).
History: En. Sec. 1, Ch. 2, Sp. L. September 2007; amd. Sec. 2, Ch. 441, L. 2009; amd. Sec. 10, Ch. 312, L. 2011; amd. Sec. 4, Ch. 368, L. 2013; amd. Sec. 5, Ch. 115, L. 2017; amd. Secs. 29, 30, Ch. 429, L. 2017.
Structure Montana Code Annotated
Title 76. Land Resources and Use
Part 1. Protection of Forest Resources
76-13-104. Functions of department -- rulemaking
76-13-105. Protection of lands and improvements from fire
76-13-107. Classification of forest lands
76-13-108. Person responsible for performance of duties
76-13-110. Owner's right to department hearing
76-13-111. Permissible expenditures
76-13-112. Penalty for violation
76-13-113. Destruction of signs
76-13-114. Disposition of fines
76-13-116. Duties of firewardens -- liability
76-13-119. Exemption from environmental review
76-13-121. Permit for burning required
76-13-122. Failure to comply with permit
76-13-123. Failure to extinguish recreational fire
76-13-124. Throwing lighted materials
76-13-125. Spark arresters required
76-13-126. Restrictions on mill waste
76-13-127. through 76-13-130 reserved
76-13-131. Renumbered 76-13-420
76-13-132. Renumbered 76-13-421
76-13-133. Renumbered 76-13-422
76-13-134. Renumbered 76-13-423
76-13-135. Renumbered 76-13-424
76-13-137. through 76-13-139 reserved
76-13-140. Legal representation for state firefighters
76-13-141. through 76-13-144 reserved
76-13-145. Designation of wildland-urban interface parcels
76-13-146. through 76-13-149 reserved
76-13-150. Fire suppression account -- fund transfer
76-13-151. Good neighbor forestry accounts -- uses
76-13-152. and 76-13-153 reserved
76-13-154. Federal forest management projects -- attorney general authority to intervene