House Bill No. 5

Introduced By bergsagel

By Request of the Office of Budget and Program Planning



A Bill for an Act entitled: "An Act appropriating money for capital projects for the biennium ending June 30, 1999; providing for other matters relating to the appropriations; AMENDING SECTION 6, CHAPTER 547, LAWS OF 1995; and providing an immediate effective date."



Be it enacted by the Legislature of the State of Montana:



NEW SECTION. Section 1. Definitions. For the purposes of [sections 1 through 8], unless otherwise stated, the following definitions apply:

(1) "Capital project" means the acquisition of land or improvements or the planning, capital construction, renovation, furnishing, or major repair projects authorized in [sections 1 through 8].

(2) "LRBP" means the long-range building program account in the capital projects fund type.

(3) "Other funding sources" means money other than LRBP money, including special revenue fund money, that accrues to an agency under the provisions of law.



NEW SECTION. Section 2.  Capital projects appropriations. (1) The following money is appropriated for the indicated capital projects from the indicated sources to the department of administration, which is authorized to transfer the appropriated money among the necessary fund types for these projects:

Agency/Project LRBP Other Funding Sources

DEPARTMENT OF ADMINISTRATION

Repair Limestone on Museum and Repair

Masonry on Other Capitol Complex Buildings $300,000

Plan Lease Reduction Program, Helena 350,000

Roof Repair and Replacement, Capitol Complex 279,000

Hazardous Materials Mitigation, Statewide 720,000

State Building Energy Retrofit, Statewide $1,000,000 Nonstate State Special

Revenue

HISTORIC RESTORATION,

MONTANA STATE CAPITOL 100,000

HEALTH SAFETY/CODE

COMPLIANCE, STATEWIDE 408,000

DEPARTMENT OF AGRICULTURE

Modify State Grain Laboratory to Comply With

ADA Standards 40,000

DEPARTMENT OF CORRECTIONS

Secure Female Facility and Renovations,

MYAP, Boulder 1,450,000

1,846,580

Xanthopoulos Building Renovations, MSP,

Warm Springs 600,000

MCE Improvements/Expansion, MSP,

Warm Springs 400,000 Proprietary

Regional Correctional Facilities 2,400,000 Federal Special Revenue

ONE REGIONAL CORRECTIONAL FACILITY 3,251,547 FEDERAL SPECIAL REVENUE

192-BED EXPANSION,

MSP, DEER LODGE 6,560,000 FEDERAL SPECIAL REVENUE

SPIRITUAL ACTIVITY CENTER, WCC

AUTHORITY ONLY 350,000 DONATIONS

DEPARTMENT OF FISH, WILDLIFE, AND PARKS

Secure Water Supply, Giant Springs

Trout Hatchery 753,847 State Special Revenue

553,847

200,000 FEDERAL SPECIAL REVENUE

Bluewater Hatchery Renovation, Phase III 3,316,319 State Special Revenue

Construct Parks Interpretive Center 1,250,000 State Special Revenue

950,000

Secure Water Supply, Big Springs

Trout Hatchery 1,620,451 State Special Revenue

DEPARTMENT OF LABOR

Install Elevator, Missoula Job Service 87,000 State Special Revenue

23,490

63,510 FEDERAL SPECIAL REVENUE

DEPARTMENT OF MILITARY AFFAIRS

Demolition of Poplar Armory 300,000

150,000

Furnace Replacement, Womack Armory 300,000

275,000

Replace Roof, OMS #3, Helena 30,000 90,000 Federal Special Revenue

ARMY AVIATION SUPPORT FACILITY

MAINTENANCE 39,578

BOZEMAN ARMORY ADA MODIFICATIONS 50,000

ARMED FORCES RESERVE CENTER,

BILLINGS 3,000,000 FEDERAL SPECIAL REVENUE

MONTANA UNIVERSITY SYSTEM

Code Compliance/Disability Access,

University System 2,900,000

Roof Replacements, University System 971,500

Replace Primary Electrical Distribution,

MSU-Billings 300,000 Auxiliary

356,400

Utility Tunnel Extension, MSU-Bozeman 3,944,000 Auxiliary

2,510,219

REPAIR/REPLACE PRIMARY

ELECTRICAL DISTRIBUTION,

MSU-NORTHERN 122,000 AUXILIARY

RURAL TECHNOLOGICAL CENTER PLANNING,

UM-DILLON 75,000

CHEMISTRY BUILDING RENOVATION,

UM-MONTANA TECH 750,000 DONATIONS

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

Maintenance and Improvement Projects,

Statewide 200,000

Fire Cache/Garage, Plains Unit 175,000

DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES

Miscellaneous Maintenance and

Improvements, Montana Veterans' Home 406,000 State Special Revenue

DEPARTMENT OF TRANSPORTATION

Equipment Buildings, Statewide 2,535,000 Highways State Special Revenue

1,910,000

(2) IF ANY BONDED FUNDING AUTHORIZED IN HOUSE BILL NO. 14 FOR THE CRITICAL PROJECT REQUIREMENTS PORTION OF THE CAPITOL RESTORATION PROJECT IS NOT NEEDED BECAUSE OF A REDUCTION IN COSTS FOR THE APPROVED PROJECT, FUNDING MAY BE USED FOR HISTORIC RESTORATION OF THE MONTANA STATE CAPITOL.

(3) THE $600,000 APPROPRIATION AND AUTHORITY FOR THE XANTHOPOULOS BUILDING RENOVATION PROJECT AT MSP, WARM SPRINGS, IS CONTINGENT ON THE CONSTRUCTION OF A NEW STATE HOSPITAL AT WARM SPRINGS.

(4) IN REGARD TO THE CONSTRUCT PARKS INTERPRETIVE CENTER PROJECT AT ULM PISHKUN, IT IS THE INTENT OF THE 55TH LEGISLATURE THAT THE SOVEREIGN NATIONS BE OFFERED THE OPPORTUNITY FOR ECONOMIC BENEFITS, FOR EXAMPLE THE OPTION TO SELL SOUVENIRS.



NEW SECTION. Section 3.  Land acquisition appropriation. The following money is appropriated to the department of fish, wildlife, and parks in the indicated amounts for purposes of land acquisition, land leasing, easement purchase, or development agreement:

Agency/Project LRBP Other Funding Sources

Habitat Montana $6,200,000 State Special Revenue

Fishing Access Site Acquisition, Statewide 466,000 State Special Revenue

Bighorn Sheep Program 330,000 State Special Revenue



NEW SECTION. Section 4.  Capital improvements. (1) (A) The following money is appropriated to the department of fish, wildlife, and parks in the indicated amounts for the purpose of making capital improvements to statewide facilities:

Agency/Project LRBP Other Funding Sources

Cultural and Historic Parks Improvements $ 690,000 State Special Revenue

$ 535,000

Future Fisheries Improvement Program 1,000,000 State Special Revenue

1,200,000

Miles City Hatchery Repairs 305,500 State Special Revenue

815,000

Capitol Complex Irrigation Improvements 225,000 Capitol Land Grant Revenue

Road Improvements, State Parks 1,768,000 State Special Revenue

2,068,000

Water-Based Recreation Parks Program 642,500 State Special Revenue

450,000 Federal Special Revenue

350,000

Administrative Facilities Repairs and Improvements 687,000 State Special Revenue

Wildlife Habitat Maintenance 825,000 State Special Revenue

100,000 Federal Special Revenue

Fishing Access Site Protection, Statewide 650,000 State Special Revenue

50,000 Federal Special Revenue

Waterfowl Stamp Protection 165,000 State special Revenue

Fishing Access Site Maintenance, Statewide 275,000 State Special Revenue

(B) THE TOTAL AMOUNT AUTHORIZED FOR CULTURAL AND HISTORIC PARKS IMPROVEMENTS IS $690,000. THE REDUCED APPROPRIATION REFLECTS $155,000 IN LODGING FACILITIES TAX REVENUE THAT IS ALLOCATED TO THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS AND THAT IS STATUTORILY APPROPRIATED UNDER 15-65-121 FOR MAINTENANCE OF FACILITIES IN STATE PARKS.

(C) OF THE $1,200,000 APPROPRIATED TO THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS FOR THE FUTURE FISHERIES IMPROVEMENT PROGRAM, $75,000 IS TO BE USED FOR THE PN BRIDGE AND CAMPGROUND - STREAMBANK EROSION CONTROL PROJECT SPONSORED BY CHOUTEAU AND FERGUS COUNTIES.

(D) THE APPROPRIATION OF $225,000 IN CAPITOL LAND GRANT REVENUE TO THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS IS THE LAST PRIORITY FOR USE OF THESE FUNDS DURING THE 1999 BIENNIUM. IF NECESSARY, THE PROJECT MAY BE PHASED IN AS CAPITOL LAND GRANT REVENUE BECOMES AVAILABLE.

(2) The following money is appropriated to the department of military affairs in the indicated amounts for the purpose of making capital improvements to statewide facilities:

Agency/Project LRBP Other Funding Sources

Federal Spending Authority $ 800,000 Federal Special Revenue

Eastern Montana State Veterans' 52,500 State Special Revenue

Cemetery, Phase I 52,500 Federal Special Revenue

Track Parking, Fort Harrison 500,000 Federal Special Revenue

BOQ/BEQ, Fort Harrison 1,700,000 Federal Special Revenue

CSMS, Fort Harrison 75,000 Federal Special Revenue

(3) (A) The following money is appropriated to Montana state university in the indicated amount for the purpose of making capital improvements to campus facilities:

Agency/Project LRBP Other Funding Sources

Authority Only Projects, Montana State University $5,000,000 Auxiliary

$19,000,000 ACADEMIC BUILDING FEE,

INDIRECT COST RECOVERY,

FEDERAL, PRIVATE,

PLANT FUNDS

(B) IT IS THE INTENT OF THE 55TH LEGISLATURE THAT AT LEAST 50% OF ALL FUTURE OPERATIONS AND MAINTENANCE COSTS FOR THE CLASSROOM-LABORATORY BUILDING AUTHORIZED IN THE AMOUNT OF $19,000,000 AT MSU-BOZEMAN BE FUNDED BY MONTANA STATE UNIVERSITY AND THAT NO MORE THAN 50% BE FUNDED WITH GENERAL FUND MONEY.

(4) The following money is appropriated to the university of Montana in the indicated amount for the purpose of making capital improvements to campus facilities:

Agency/Project LRBP Other Funding Sources

Authority Only Projects, University of Montana $16,050,000 Federal, Trust, Higher

Education Funds, and Donations

RENOVATE MAIN HALL AUDITORIUM,

UM-DILLON 1,250,000 DONATIONS

(5) The following money is appropriated to the department of transportation in the indicated amount for the purpose of making capital improvements to statewide facilities:

Agency/Project LRBP Other Funding Sources

Repair, Maintenance, and Minor

Construction Projects, Statewide $1,415,000 Highways State Special Revenue



NEW SECTION. Section 5.  Transfer of funds. The department of fish, wildlife, and parks is authorized to transfer money appropriated in [sections 1 through 4] among fund types.



NEW SECTION. Section 6.  Planning and design. The department of administration may proceed with the planning and design of capital projects prior to the receipt of other funding sources. The department may use interaccount loans in accordance with 17-2-107 to pay planning and design costs incurred before the receipt of other funding sources.



NEW SECTION. Section 7.  Capital projects -- contingent funds. If a capital project is financed, in whole or in part, with appropriations contingent upon the receipt of other funding sources, the department of administration may not let the projects for bid until the agency has submitted a financial plan for approval by the director of the department of administration. A financial plan may not be approved by the director if:

(1) the level of funding provided under the financial plan deviates substantially from the funding level provided in [sections 1 through 4] for that project; or

(2) the scope of the project is substantially altered or revised from the preliminary plans presented for that project in the 1998-99 long-range building program presented to the 55th legislature.



NEW SECTION. Section 8.  Legislative consent. The appropriations authorized in [sections 1 through 7] constitute legislative consent for the capital projects contained in [sections 1 through 7] within the meaning of 18-2-102.



SECTION 9. SECTION 6, CHAPTER 547, LAWS OF 1995, IS AMENDED TO READ:

The appropriations to the department of natural resources and conservation on page 3194, Laws of 1995, are amended to read:

"Tongue River Dam Rehabilitation $3,500,000

$2,868,473"



NEW SECTION. SECTION 10. TRANSFER OF FUNDS. ANY GENERAL FUND REVERSIONS FOR FISCAL YEAR 1997 IN EXCESS OF $15.9 MILLION AND ANY GENERAL FUND REVERSIONS FOR FISCAL YEAR 1998 IN EXCESS OF $5 MILLION MUST BE TRANSFERRED TO THE LONG-RANGE BUILDING PROGRAM ACCOUNT TO BE USED TO FUND CAPITAL PROJECTS.



NEW SECTION. Section 11.  Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.



NEW SECTION. Section 12.  Effective date. [This act] is effective on passage and approval.

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