1. (1) The department shall assess a fee as provided in subsection (2) for a taxpayer who:

   1. (a) is a participant in the Montana Health and Economic Livelihood Partnership Act provided for in Title 53, chapter 6, part 13, and Title 39, chapter 12; and

   2. (b) has assets that exceed:

      1. (i) a primary residence and attached property valued above the limit established for homesteads under 70-32-104;
      2. (ii) one light vehicle; and
      3. (iii) a total of $50,000 in cash and cash equivalent.
2. (2) The fee is $100 a month plus an additional $4 a month for each $1,000 in assets above the amounts established in subsection (1)(b).
3. (3) The department shall coordinate with the department of public health and human services to obtain the information necessary to administer this section.
4. (4) Fees collected pursuant to this section must be deposited in the general fund.
5. (5) The fee remains until paid and may be collected through assessments against future income tax returns or through a civil action initiated by the state.

6. (6) For the purposes of this section, the following definitions apply:

   1. (a)

      1. (i) "Cash equivalent" means cash, including any money issued by the United States or by the sovereign government of another country, and, if reasonably convertible into cash with 1 year:

         1. (A) personal property, including but not limited to vehicles, precious metal as defined in 30-10-103, jewelry, artwork, and gemstones; and
         2. (B) personal property, including but not limited to certificates of deposit, certificates of stock, government or corporate bonds or notes, promissory notes, licenses, copyrights, patents, trademarks, contracts, software, and franchises.
      2. (ii) Real estate and improvements to real estate are not cash equivalents.
   2. (b) "Light vehicle" has the meaning provided in 61-1-101. (Terminates June 30, 2019--sec. 28, Ch. 368, L. 2015.)

History: En. Sec. 18, Ch. 368, L. 2015.