HOUSE BILL NO. 335

INTRODUCED BY S. VICK

A BILL FOR AN ACT ENTITLED: "AN ACT ELIMINATING THE MONTANA ARTS COUNCIL AND THE CULTURAL AND AESTHETIC PROJECTS ADVISORY COMMITTEE; REVISING THE COMPOSITION OF THE CAPITOL COMPLEX ADVISORY COUNCIL AND THE AMERICAN INDIAN MONUMENT AND TRIBAL FLAG CIRCLE ADVISORY COMMITTEE; TRANSFERRING CERTAIN DUTIES OF THE MONTANA ARTS COUNCIL TO THE MONTANA HISTORICAL SOCIETY; ALLOCATING FUNDS FOR CULTURAL AND AESTHETIC EDUCATION; AMENDING SECTIONS 2-15-1511, 2-17-803, 15-35-108, 22-2-404, 22-2-406, 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, AND 22-2-321, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY 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 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 must be included with the budget requests of the state board of education. However, the governance, management, and control of the respective agencies must be vested respectively in the board of trustees of the state historical society and the state library commission."

Section 2. Section 2-17-803, MCA, is amended to read:

"2-17-803. Capitol complex advisory council established -- membership -- staff services -- compensation. (1) There is a capitol complex advisory council.

(2) The council consists of eight members as follows:

(a) two members of the house of representatives appointed by the speaker on a bipartisan basis;

(b) two members of the senate appointed by the committee on committees on a bipartisan basis;

(c) a public representative appointed by the governor; and

(d) the director or the director's designee of each of the following agencies:

(i) the Montana historical society established in 22-3-101;

(ii) the department of administration established in 2-15-1001; and

(iii) the department of fish, wildlife, and parks established 2-15-3401.

(3) The council shall select a presiding officer, who may call meetings to conduct council business. The departments of administration and fish, wildlife, and parks shall provide staff services to the council.

(4) (a) The council member appointed under subsection (2)(c) is entitled to compensation not to exceed the amount provided for in 5-2-301(3) for compensation of legislators for each day in which the member is actually and necessarily engaged in performing council duties and to travel expense reimbursement as provided in 2-18-501 through 2-18-503.

(b) A council member designated under subsection (2)(d) is not entitled to compensation for services as a member of the council.

(c) A council member appointed under subsections (2)(a) or (2)(b) is entitled to compensation and expenses as provided in 5-2-302."

Section 3. 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 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 trust fund for the purpose of protection of works of art in the capitol and for cultural and aesthetic education. Income from this trust fund must be appropriated for protection of works of art in the state capitol and for cultural and aesthetic education, as provided in [section 9].

(7) 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.

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

Section 4. Section 22-2-404, MCA, is amended to read:

"22-2-404. Art for new state buildings -- finance. (1) Subject to legislative allocations as provided in subsection (2), all capital project appropriations by the legislature shall include, as a part of the appropriation, an amount not to exceed 1% of the amount appropriated for the use of the Montana historical society for the acquisition of works of art for new state buildings, maintenance of works of art, and administration of this part as provided in subsection (3).

(2) (a) If a state building recommended for construction in the report required by Title 17, chapter 7, part 2, is also recommended as appropriate for the inclusion of works of art as provided in 22-2-403(2), the report must state the recommendation, and in addition the report must include any recommendation made by the Montana historical society concerning the appropriateness of the building for the inclusion of works of art, the types of works of art suggested for inclusion in the building, and the anticipated cost of the suggested works of art, including costs of acquisition, maintenance, and administrative expenses associated with the suggested works of art. The Montana historical society may submit a recommendation even if the architecture and engineering division of the department of administration has determined that a structure is not appropriate for inclusion of works of art.

(b) The legislature may, for those buildings recommended as appropriate for the inclusion of works of art, allocate an amount not to exceed 1% of the appropriated cost for use as specified in subsection (1).

(c) Additional funds, including separate appropriations, donations, grants, and other available governmental funds, may be used for the acquisition of works of art for new state buildings.

(3) (a) One percent of the funds received from the maximum appropriation setoff allocated by the legislature must be granted to the Montana historical society for the maintenance of art in state buildings.

(b) The administration of this part may be funded out of the appropriation setoff allocated by the legislature."

Section 5. Section 22-2-406, MCA, is amended to read:

"22-2-406. Administration -- selection of works of art. (1) The Montana historical society is primarily responsible for the administration of this part. The historical society shall:

(a) submit its recommendations to the architecture and engineering division of the department of administration for inclusion in the report required by Title 17, chapter 7, part 2, concerning the appropriateness of any building for the inclusion of works of art, a description of the types of works of art suggested for inclusion in the building, and the anticipated costs of acquisition, maintenance, and administrative expenses associated with the suggested works of art.

(b) appoint a three-member screening committee for each new state building to recommend artists to be commissioned or completed works of art to be purchased. The committee must consist of the project architect or the architect's designee, a professional artist, and a representative from the user agency who is a resident of the community in which the new state building is to be constructed.

(c) select; commission the artist for; review the design, execution, and placement of; and finally accept all works of art. The Montana historical society shall consult with the screening committee in fulfilling the requirements of this subsection (1)(c).

(d) assist in contract negotiations with artists who are selected;

(e) ensure that works of art acquired for display under the provisions of this part are displayed in a manner that they are in public view;

(f) ensure that each work of art is properly maintained and may use the funds provided for in 22-2-404 or any other funds available for maintenance; and

(g) maintain a close working relationship with the artist throughout each project.

(2) A payment may not be made to any artist for works of art under this part without prior authorization of the Montana historical society. "

Section 6. Section 22-2-601, MCA, is amended to read:

"22-2-601. American Indian monument and tribal flag circle -- competition for design. 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.

"

Section 7. 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 10 members:

(a) a representative from each of the state's seven Indian reservations;

(b) a representative from the architecture and engineering division of the department of administration;

(c) the governor's state coordinator of Indian affairs or the coordinator's designee; and

(d) a representative of the Montana historical society.

(2) The advisory committee shall review the proposals 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 8. Cultural and aesthetic education fund -- limitations. (1) The trustees of a district may establish a cultural and aesthetic education fund for school district expenditures incurred for the purchase, lease, rental, or other acquisition or use of cultural or aesthetic educational programs, including but not limited to music, visual art, literature, poetry, dance, stage production, travel, and history.

(2) If a cultural and aesthetic education fund is created, the trustees of a district shall deposit to the fund all money received under 15-35-108 and any other local, state, and federal funds received for the purpose of funding cultural and aesthetic education.

(3) The trustees of a district may not use revenue in the cultural and aesthetic education fund to finance contributions to the teachers' retirement system, the public employees' retirement system, or the federal social security system or for unemployment compensation insurance.

(4) The trustees of a district may not use funds received from the allocations provided under [section 9] for the salaries or benefits of teachers, administrators, or other staff under contract to the district as provided in Title 20, chapter 4, for general operating expenses, including the maintenance of buildings or grounds, or for capital projects.

NEW SECTION. Section 9. Cultural and aesthetic education acquisition. By September 1, the superintendent of public instruction shall allocate to each district an amount based on the ratio that each district's BASE budget bears to the statewide BASE budget amount for all school districts, multiplied by the amount appropriated by the legislature for the current school year for cultural and aesthetic education from the income from the trust fund described in 15-35-108(6).

NEW SECTION. Section 10. 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, and 22-2-321, MCA, are repealed.

NEW SECTION. Section 11. Effective date -- applicability. [This act] is effective July 1, 1999, and applies to all revenue payable pursuant to Title 15, chapter 35, for quarters beginning after June 30, 1999.

NEW SECTION. Section 12. Codification instruction. [Sections 8 and 9] are intended to be codified as an integral part of Title 20, chapter 9, part 5, and the provisions of Title 20, chapter 9, apply to [sections 8 and 9].

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