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- 2025
69th Legislature 2025 HB 162
- 1 - Authorized Print Version – HB 162
ENROLLED BILL
AN ACT PROVIDING THAT A RESORT TAX LEVY FOR INFRASTUCTURE MAY BE USED FOR CERTAIN
HOUSING PROJECTS; REVISING THE DEFINITION OF INFRASTRUCTURE; AMENDING SECTION 7-6-
1501, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-6-1501, MCA, is amended to read:
"7-6-1501. Definitions. As used in this part, the following definitions apply:
(1) "Board of directors" means the board of directors of the resort area district.
(2) "Infrastructure" means:
(a) tangible facilities and assets related to water, sewer, wastewater treatment, storm water, and
solid waste and utilities systems,;
(b) fire protection, ambulance, and law enforcement,;
(c) roads, bridges, and other transportation needs; and
(d) workforce and community housing projects.
(3) "Luxuries" means any gift item, luxury item, or other item normally sold to the public or to
transient visitors or tourists. The term does not include food purchased unprepared or unserved, medicine,
medical supplies and services, appliances, hardware supplies and tools, or any necessities of life.
(4) "Medical supplies" means items that are sold to be used for curative, prosthetic, or medical
maintenance purposes, whether or not prescribed by a physician.
(5) "Medicine" means substances sold for curative or remedial properties, including both physician
prescribed and over-the-counter medications.
(6) "Qualified elector" means a person who is qualified to vote under 13-1-111 and is a resident of
a resort community, resort area, or proposed or established resort area district.
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69th Legislature 2025 HB 162
- 2 - Authorized Print Version – HB 162
ENROLLED BILL
(7) "Resort area" means an area that:
(a) is an unincorporated area and is a defined contiguous geographic area;
(b) has a population of less than 2,500 according to the most recent federal census;
(c) derives more than 50% of its economic well-being from businesses catering to the recreational
and personal needs of persons traveling to or through the area for purposes not related to their income
production and excluding economic activity from health care, schools, government, and other services that
primarily benefit residents; and
(d) has been designated by the department of commerce as a resort area not more than 2 years
prior to its establishment by the county commissioners as provided in 7-6-1508.
(8) "Resort area district" means a district created under 7-6-1532 through 7-6-1536, 7-6-1539
through 7-6-1544, 7-6-1546 through 7-6-1548, and 7-6-1550 that has been established as a resort area under
7-6-1508.
(9) "Resort community" means a community that:
(a) is an incorporated municipality;
(b) has a population of less than 5,500 according to the most recent federal census;
(c) derives more than 50% of its economic well-being related to current employment from
businesses catering to the recreational and personal needs of persons traveling to or through the municipality
for purposes not related to their income production and excluding economic activity from health care, schools,
government, and other services that primarily benefit residents; and
(d) has been designated by the department of commerce as a resort community not more than 2
years before the petition of the electors or resolution of the governing body."
Section 2. Coordination instruction. If both Senate Bill No. 172 and [this act] are passed and
approved and Senate Bill No. 172 includes a section that amends 7-6-1503, then the section in Senate Bill No.
172 amending 7-6-1503 is void and 7-6-1503 must be amended as follows:
"7-6-1503. Limit on resort tax rate -- goods and services subject to tax. (1) (a) Except as
provided in subsection (1)(b), the rate of the resort tax must be established by the election petition or resolution
provided for in 7-6-1504, but the rate may not exceed 3%.
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69th Legislature 2025 HB 162
- 3 - Authorized Print Version – HB 162
ENROLLED BILL
(b) (i) Subject to subsection (1)(b)(ii), an election petition or resolution provided for in 7-6-1504
may provide for an additional resort tax levy at the rate of up to 1%. The revenue from the additional tax must
be used to provide funding for infrastructure.
(ii) A resort community with a population that exceeds the population limit for a resort community
in 7-6-1501 may not levy the additional resort tax provided for in subsection (1)(b)(i) unless the resort
community was established before January 1, 2025.
(2) (a) The resort tax is a tax on the retail value of all goods and services sold, except for goods
and services sold for resale, within the resort community or area by the following establishments:
(i) hotels, motels, and other lodging or camping facilities;
(ii) restaurants, fast food stores, and other food service establishments;
(iii) taverns, bars, night clubs, lounges, and other public establishments that serve beer, wine,
liquor, or other alcoholic beverages by the drink; and
(iv) destination ski resorts and other destination recreational facilities.
(b) Establishments that sell luxuries shall collect a tax on such luxuries."
Section 3. Coordination instruction. If both Senate Bill No. 172 and [this act] are passed and
approved, then the sections of Senate Bill No. 172 amending 7-6-1504, 7-6-1541, and 7-6-1542 are void.
Section 4. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
HB 162, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 162
INTRODUCED BY K. WALSH, C. NEUMANN, J. GILLETTE, L. BREWSTER
AN ACT PROVIDING THAT A RESORT TAX LEVY FOR INFRASTUCTURE MAY BE USED FOR CERTAIN
HOUSING PROJECTS; REVISING THE DEFINITION OF INFRASTRUCTURE; AMENDING SECTION 7-6-
1501, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.