SENATE BILL NO. 170

INTRODUCED BY M. TAYLOR, OHS, TUSS, GROSFIELD, SWANSON, SIMON, WATERMAN, MOOD

BY REQUEST OF THE JOINT SELECT COMMITTEE ON JOBS AND INCOME

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING AN ANNUAL FUNDING CYCLE FOR THE TREASURE STATE ENDOWMENT PROGRAM; REQUIRING THAT THE DEPARTMENT OF COMMERCE SUBMIT PROJECT PROPOSALS TO THE MONTANA JOBS AND INCOME COMMISSION FOR REVIEW; TRANSFERRING PROJECT APPROVAL AUTHORITY FROM THE LEGISLATURE TO THE MONTANA JOBS AND INCOME COMMISSION; REVISING THE CRITERIA AND PRIORITIES FOR AWARDING FUNDING; AMENDING SECTION 90-6-710, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE."

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

Section 1. Section 90-6-710, MCA, is amended to read:

"90-6-710. Priorities for projects -- procedure -- rulemaking. (1) The department of commerce must receive proposals for projects from local governments as defined in 90-6-701(3)(b). The department shall work with a local government in preparing cost estimates for a project. In reviewing project proposals, the department may consult with other state agencies with expertise pertinent to the proposal. The department shall annually prepare and submit a list of recommended projects and the recommended form of financial assistance for each project to the Montana jobs and income commission, prioritized pursuant to subsection (2).

(2) In preparing recommendations under subsection (1), preference must be given to infrastructure projects based on the following order of priority:

(a) projects that solve urgent and serious public health or safety problems or

that enable local governments to meet state or federal health or safety standards;

(b) projects that reflect greater need for financial assistance than other projects;

(c) projects that incorporate appropriate, cost-effective technical design and that provide thorough, long-term solutions to community public facility needs;

(d) projects that reflect substantial past efforts to ensure sound, effective, long-term planning and management of public facilities and that attempt to resolve the infrastructure problem with local resources;

(e)

projects that enable local governments to obtain funds from sources other than the funds provided under this part;

(f) projects that provide long-term, full-time job opportunities for Montanans,

that provide public facilities necessary for the expansion of a business that has a high potential for financial success, or

that maintain the tax base or that encourage expansion of the tax base; and

(g) projects that are high local priorities and have strong community support.

(3) After the review required by subsection (1), the projects must be approved by the commission on jobs and income.

(4) The department shall adopt rules necessary to implement the treasure state endowment program."

NEW SECTION. Section 2. Coordination instruction. If [LC 1224] is not passed and approved, then [this act] is void.

NEW SECTION. Section 3. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].

NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 1999.

NEW SECTION. Section 5. Applicability. [This act] applies to projects funded with interest earnings from the treasure state endowment fund earned after June 30, 2001.

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