House Bill No. 456
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act eliminating state funding for art; eliminating the Montana Arts Council and the Cultural and Aesthetics Projects Advisory Council; eliminating cultural and aesthetic project grants; eliminating the financing of art for state buildings; transferring the balance in the cultural and aesthetic projects trust fund and the cultural and aesthetic project account to the general fund; amending sections 2-15-1511, 15-35-108, 22-2-601, and 22-2-602, MCA; repealing sections 2-15-1513, 2-15-1521, 22-2-101, 22-2-102, 22-2-103, 22-2-104, 22-2-105, 22-2-106, 22-2-107, 22-2-108, 22-2-109, 22-2-301, 22-2-302, 22-2-303, 22-2-304, 22-2-305, 22-2-306, 22-2-308, 22-2-309, 22-2-321, 22-2-401, 22-2-402, 22-2-403, 22-2-404, 22-2-405, 22-2-406, 22-2-407, and 22-2-408, MCA; and providing an effective date."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 2-15-1511, MCA, is amended to read:
"2-15-1511. Agencies allocated to state board of education. The state historical society, the Montana arts council, and
the state library commission are allocated to the state board of education for purposes of planning and coordination. Budget
requests to the state for these agencies shall must be included with the budget requests of the state board of education;.
however However, the governance, management, and control of the respective agencies shall be is vested respectively in
the board of trustees of the state historical society, the Montana arts council, and the state library commission."
Section 2. Section 15-35-108, MCA, is amended to read:
"15-35-108. Disposal of severance taxes. Severance taxes collected under this chapter must, in accordance with the provisions of 15-1-501, be allocated as follows:
(1) Fifty percent of total coal severance tax collections is allocated to the trust fund created by Article IX, section 5, of the Montana constitution. The trust fund money must be deposited in the fund established under 17-6-203(6) and invested by the board of investments as provided by law.
(2) Twelve percent of coal severance tax collections is allocated to the long-range building program account established in 17-7-205.
(3) The amount of 8.36% must be credited to an account in the state special revenue fund to be allocated by the legislature for local impacts, county land planning, provision of basic library services for the residents of all counties through library federations and for payment of the costs of participating in regional and national networking, conservation districts, and the Montana Growth Through Agriculture Act. Any cash balance that is unspent at the end of each fiscal year must be deposited in the general fund.
(4) The amount of 1.27% must be allocated to a nonexpendable trust fund for the purpose of parks acquisition or management. Income from this trust fund must be appropriated for the acquisition, development, operation, and maintenance of any sites and areas described in 23-1-102.
(5) The amount of 0.95% must be allocated to the debt service fund type to the credit of the renewable resource loan debt service fund.
(6) The amount of 0.63% must be allocated to a nonexpendable trust fund for the purpose of protection of works of art in
the state capitol and for other cultural and aesthetic projects. Income from this trust fund must be appropriated for
protection of works of art in the state capitol and other cultural and aesthetic projects.
(7) All other revenue from severance taxes collected under the provisions of this chapter must be credited to the general
fund of the state."
Section 3. Section 22-2-601, MCA, is amended to read:
"22-2-601. American Indian monument and tribal flag circle -- competition for design. (1) The state of Montana
shall erect on the grounds of the capitol complex a monument to American Indians and a Montana tribal flag circle in
recognition of American Indians' contributions to this state and nation.
(2) The Montana arts council shall advertise and conduct a competition among all Montanans for a design for the
monument and flag circle."
Section 4. Section 22-2-602, MCA, is amended to read:
"22-2-602. Advisory committee -- composition -- duties. (1) To coordinate the project provided for in 22-2-601, the
governor shall appoint an advisory committee composed of the following 11 10 members:
(a) a representative from the Montana arts council;
(b) a representative from each of the state's seven Indian reservations;
(c)(b) a representative from the architecture and engineering division of the department of administration;
(d)(c) the governor's state coordinator of Indian affairs or the coordinator's designee; and
(e)(d) a representative of the Montana historical society.
(2) The advisory committee shall review the proposals submitted in the design competition for the monument and flag
circle and select an appropriate design.
(3) The advisory committee shall make recommendations to the department of administration for an appropriate site for the monument and the flag circle on the grounds of the capitol complex. The monument and flag circle may be located separately on the grounds.
(4) The advisory committee shall solicit and accept private contributions to finance the monument and the placement of the monument and the flag circle on the grounds of the capitol complex."
NEW SECTION. Section 5. Fund transfer. On [the effective date of this act], the balance in the cultural and aesthetic projects trust fund and the cultural and aesthetic project account are transferred to the state general fund.
NEW SECTION. Section 6. Repealer. Sections 2-15-1513, 2-15-1521, 22-2-101, 22-2-102, 22-2-103, 22-2-104, 22-2-105, 22-2-106, 22-2-107, 22-2-108, 22-2-109, 22-2-301, 22-2-302, 22-2-303, 22-2-304, 22-2-305, 22-2-306, 22-2-308, 22-2-309, 22-2-321, 22-2-401, 22-2-402, 22-2-403, 22-2-404, 22-2-405, 22-2-406, 22-2-407, and 22-2-408, MCA, are repealed.
NEW SECTION. Section 7. Effective date. [This act] is effective July 1, 1997.
-END-