HOUSE BILL NO. 634

INTRODUCED BY R. ERICKSON

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE DEPARTMENT OF ADMINISTRATION TO PREPARE A BUDGET FOR FIRE PROTECTION OR SECURITY SERVICES FOR STATE-OWNED BUILDINGS; REQUIRING THE DEPARTMENT TO CONTRACT WITH CITIES AND TOWNS TO PROVIDE FIRE PROTECTION AND SECURITY SERVICES FOR STATE-OWNED BUILDINGS IF FUNDING IS AVAILABLE; AMENDING SECTION 2-17-112, MCA; AND PROVIDING AN EFFECTIVE DATE."

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

Section 1. Section 2-17-112, MCA, is amended to read:

"2-17-112. Fire protection and security services for state-owned buildings -- payments in lieu of taxes -- department of administration -- state fire prevention and investigation program. (1) The department of administration shall obtain information necessary to prepare a budget for each biennium for fire protection and security services for state-owned buildings . In preparing the budget, the state may consider providing protection directly or contracting for protection with a local fire service or security service, including a city police department, or both, and making payments to local governments for fire protection and security services provided to state agencies, all of which are subject to appropriation by the legislature.

(2) If a state-owned building is provided or will be provided with fire protection or security services, or both, by a city or town, the department shall prepare a budget providing for payments in lieu of taxes to that city or town. The department shall also, if funds are available, prepare and enter into an agreement providing that a payment or payments in lieu of taxes will be made to the city or town by the department over the period of time and for the amount determined by the department and the city or town in exchange for fire protection or security services, or both. The amount of the payments must be based upon the cost to the city or town of providing the fire protection or security services, but the payment may not exceed the amount of taxes that would be paid to the city or town if the state-owned building were taxed by the city or town. Failure of the department to make any payment in lieu of taxes does not extinguish any existing obligation of the city or town to provide fire protection or security services, or both, to the state-owned building and its occupants.

(3) The department of justice shall review provisions for fire protection of state-owned buildings in connection with inspections conducted under 50-3-102."

NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 1999.

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