HOUSE BILL NO. 225

INTRODUCED BY S. KITZENBERG

A BILL FOR AN ACT ENTITLED: "AN ACT DIRECTING THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO LEASE LAND FOR AND DEVELOP A LIVING STREAMS INTERPRETIVE SITE AND EXHIBIT ASSOCIATED WITH THE FORT PECK INTERPRETIVE CENTER; APPROPRIATING $3 MILLION FROM THE STATE PARKS TRUST FUND; AMENDING SECTION 15-35-108, MCA; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE."

WHEREAS, the federal government has recently approved $6 million toward the construction of the proposed Fort Peck Interpretive Center; and

WHEREAS, the Fort Peck area attracts a variety of visitors to the northeastern Montana area, providing for economic benefits as well as opportunities to provide educational opportunities related to Montana's resources and their uses; and

WHEREAS, there is a need for an outdoor exhibit and recreation area to complement the federally funded indoor proposals; and

WHEREAS, the Living Streams exhibit associated with the Boise River in Idaho provides an excellent model for a similar development in the Fort Peck area; and

WHEREAS, the United States Army Corps of Engineers is willing to lease to the state, for a nominal fee, a usable site near the proposed Interpretive Center.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Fort Peck interpretive site. The department shall enter into a lease with the United States army corps of engineers and shall develop a river-oriented and fish-oriented interpretive site and exhibits associated with the Fort Peck interpretive center near the Fort Peck dam site.

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. Expenditures of the allocation may be made only from this account. Money may not be transferred from this account to another account other than the general fund. Any unreserved fund balance 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 trust fund for the purpose of parks acquisition or management. The corpus of the trust is nonexpendable, except as provided in subsection (5). Income from this trust fund is allocated to a state special revenue account and must be appropriated for the acquisition, lease, development, operation, and maintenance of any sites and areas described in 23-1-102 or [section 1].

(5) On July 1, 1999, $3 million is transferred from the trust fund described in subsection (4) to the state special revenue account established pursuant to subsection (4) for the purposes described in [section 1].

(6) 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.

(7) Beginning July 1, 1999, the amount of 0.63% must be allocated to a trust fund for the purpose of protection of works of art in the 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 for other cultural and aesthetic projects.

(8) Beginning July 1, 1997, and ending June 30, 2007, the amount of 1.3% must be allocated to the long-range building program fund in the debt service fund type to fund the bonds issued for the purchase of the Virginia City and Nevada City property.

(9) All other revenue from severance taxes collected under the provisions of this chapter must be credited to the general fund of the state."

NEW SECTION. Section 3. Appropriation. There is appropriated for the biennium beginning July 1, 1999, $3 million from the state special revenue account established pursuant to 15-35-108(4) for the purposes described in [section 1].

NEW SECTION. Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 23, chapter 1, part 1, and the provisions of Title 23, chapter 1, part 1, apply to [section 1].

NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 1999.

NEW SECTION. Section 6. Termination. [Section 2] terminates June 30, 2001.

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