SENATE BILL NO. 80
INTRODUCED BY D. MAHLUM
AN ACT CLARIFYING THE MANAGEMENT RESPONSIBILITIES OF THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION; ADDING THREE MEMBERS TO THE COMMISSION; ALLOWING FOR THE HIRING OF ADDITIONAL COMMISSION STAFF; ALLOWING THE COMMISSION TO CONDUCT BUILDING PRESERVATION, STABILIZATION, OR MAINTENANCE COSTING OVER $200,000 WITHOUT LEGISLATIVE CONSENT UNDER CERTAIN CIRCUMSTANCES; PROVIDING THAT INTEREST ON MONEY IN THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT ACCOUNT BE DEPOSITED IN THE STATE SPECIAL REVENUE FUND TO THE CREDIT OF THE COMMISSION; AND AMENDING SECTIONS 22-3-1001, 22-3-1002, 22-3-1003, AND 22-3-1004, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 22-3-1001, MCA, is amended to read:
"22-3-1001. Purpose. The purpose of this part is to acquire and manage, on behalf of the state, properties that possess outstanding historical value, display exceptional qualities worth preserving, are genuinely representative of the state's culture and history, and demonstrate the ability to become economically self-supporting. The Montana heritage preservation and development commission shall achieve this purpose by purchasing fee title interests in real and personal property and by managing those properties in a manner that protects the properties and encourages economic independence."
Section 2. Section 22-3-1002, MCA, is amended to read:
"22-3-1002. Montana heritage preservation and development commission. (1) There is a Montana heritage
preservation and development commission. The commission is attached to the Montana historical society for administrative
purposes. The commission consists of 11 14 members. The members shall broadly represent the state. Seven Nine members
must be appointed by the governor, one member must be appointed by the president of the senate, and one member must be
appointed by the speaker of the house. The director of the Montana historical society, and the director of the department of
fish, wildlife, and parks, and the director of the department of commerce shall serve as members.
(2) Of the members appointed by the governor:
(a) one member must have extensive experience in managing facilities that cater to the needs of tourists;
(b) one member must have experience in community planning;
(c) one member must have experience in historic preservation;
(d) two members must have broad experience in business;
(e) one member must be a member of the tourism advisory council established in 2-15-1816; and
(f) one member must be a Montana historian; and
(g) two members must be from the public at large.
(3) Except for the initial appointments, members appointed by the governor shall serve 3-year terms. Legislative appointees shall serve 2-year terms. If a vacancy occurs, the appointing authority shall make an appointment for the unexpired portion of the term.
(4) (a) The commission may employ:
(i) an executive director who has general responsibility for the selection and management of commission staff,
developing recommendations for the purchase of property, and overseeing the management of acquired property and;
(ii) a curator who is responsible for the display and preservation of the acquired property; and
(iii) other staff that the commission and the executive director determine are necessary to manage and operate commission properties.
(b) The commission shall prescribe the duties and annual salary of the executive director, and the curator, and other
commission staff."
Section 3. Section 22-3-1003, MCA, is amended to read:
"22-3-1003. Powers of commission -- contracts -- rules. (1) (a) The Montana heritage preservation and development commission may contract with private organizations to assist in carrying out the purpose of 22-3-1001. The term of a contract may not exceed 20 years.
(b) Notwithstanding the provisions of Title 18, the contracts may be let by direct negotiation. The contracts may be entered into directly with a vendor and are not subject to state procurement laws.
(c) Architectural and engineering review and approval do not apply to the historic renovation projects.
(d) The contracts must provide for the payment of prevailing wages.
(e) A contract for supplies or services, or both, may be negotiated in accordance with commission rules.
(f) Management activities must be undertaken to encourage the profitable operation of properties.
(g) Contracts may include the lease of property managed by the commission. Provisions for the renewal of a contract must be contained in the contract.
(2) (a) The Except as provided in subsection (2)(b), the commission may not contract for the construction of a building,
as defined in 18-2-101, in excess of $200,000 without the consent of the legislature. Building construction must be in
conformity with applicable guidelines developed by the national park service of the U.S. department of the interior, the
Montana historical society, and the Montana department of fish, wildlife, and parks.
(b) The commission may contract for the preservation, stabilization, or maintenance of existing structures or buildings for an amount that exceeds $200,000 without legislative consent if the commission determines that waiting for legislative consent would cause unnecessary damage to the structures or buildings or would result in a significant increase in cost to conduct those activities in the future.
(3) (a) Subject to subsection (3)(b), the commission, as part of a contract, shall require that a portion of any profit be reinvested in the property and that a portion be used to pay the administrative costs of the property and the commission.
(b) (i) Until the balance in the cultural and aesthetic trust reaches $7,750,000, the commission shall deposit the portion of profits not used for administrative costs and restoration of the properties in the cultural and aesthetic trust.
(ii) Once the balance in the cultural and aesthetic trust reaches $7,750,000, the commission shall deposit the portion of profits not used for administrative costs and restoration of the properties in the general fund.
(c) It is the intent of the 55th legislature that no general fund money be provided for the operation and maintenance of
Virginia City and Nevada City beyond what has been appropriated by the 55th legislature.
(c) It is the intent of the 57th legislature that no general fund money be provided for the operation and maintenance of Virginia City and Nevada City beyond what has been appropriated by the 55th legislature.
(4) The commission may solicit funds from other sources for the purchase, management, and operation of properties.
(5) The commission shall adopt rules establishing a policy for making acquisitions. With respect to each acquisition, the policy must give consideration to:
(a) whether the property represents the state's culture and history;
(b) whether the property can become self-supporting;
(c) whether the property can contribute to the economic and social enrichment of the state;
(d) whether the property lends itself to programs to interpret Montana history;
(e) whether the acquisition will create significant social and economic impacts to affected local governments and the state; and
(f) other matters that the commission considers necessary or appropriate.
(6) Public notice and the opportunity for a hearing must be given in the geographical area of a proposed acquisition before a final decision to acquire a property is made. The commission shall approve proposals for acquisition and recommend the approved proposal to the board of land commissioners.
(7) Prior to the convening of each regular session, the commission shall report to the governor and the legislature, as provided in 5-11-210, concerning financial activities during the prior biennium."
Section 4. Section 22-3-1004, MCA, is amended to read:
"22-3-1004. Montana heritage preservation and development account. (1) There is a Montana heritage preservation and development account in the state special revenue fund.
(2) Money deposited in the account must be used for:
(a) the purchase of properties in Virginia City and Nevada City;
(b) restoration, maintenance, and operation of historic properties in Virginia City and Nevada City; and
(c) purchasing, restoring, and maintaining historically significant properties in Montana that are in need of preservation.
(3) The account is statutorily appropriated, as provided in 17-7-502, to the Montana heritage preservation and development commission to be used as provided in this section.
(4) All interest earned on money in the account must be deposited in the state special revenue fund to the credit of the commission."
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