House Bill No. 5

Introduced By bergsagel

By Request of the Office of Budget and Program Planning

A Bill for an Act entitled: "An Act appropriating money for capital projects for the biennium ending June 30, 1999; APPROPRIATING THE BALANCE IN THE CULTURAL TRUST FUND FOR THE ACQUISITION, RENOVATION, AND PRESERVATION OF HISTORIC PROPERTIES; ELIMINATING THE ALLOCATION OF COAL SEVERANCE TAXES TO THE CULTURAL TRUST FUND; ALLOCATING COAL SEVERANCE TAX REVENUE FOR CULTURAL AND AESTHETIC PROJECTS; ESTABLISHING THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION; AUTHORIZING THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION TO ADMINISTER PROPERTIES AT VIRGINIA CITY AND NEVADA CITY AND OTHER CULTURALLY AND HISTORICALLY SIGNIFICANT PROPERTIES; providing for other matters relating to the appropriations; AMENDING SECTIONS 5-11-115, 15-35-108, 22-2-301, 22-2-304, AND 23-1-108, MCA; AMENDING SECTION 6, CHAPTER 547, LAWS OF 1995; and providing ~~an immediate~~ effective ~~date~~ DATES."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1. Definitions. For the purposes of [sections 1 through 8], unless otherwise stated, the following definitions apply:

(1) "Capital project" means the acquisition of land or improvements or the planning, capital construction, renovation, furnishing, or major repair projects authorized in [sections 1 through 8].

(2) "LRBP" means the long-range building program account in the capital projects fund type.

(3) "Other funding sources" means money other than LRBP money, including special revenue fund money, that accrues to an agency under the provisions of law.

NEW SECTION. Section 2. Capital projects appropriations. (1) The following money is appropriated for the indicated capital projects from the indicated sources to the department of administration, which is authorized to transfer the appropriated money among the necessary fund types for these projects:

Agency/Project LRBP Other Funding Sources

DEPARTMENT OF ADMINISTRATION

Repair Limestone on Museum and Repair

Masonry on Other Capitol Complex Buildings $300,000

~~Plan Lease Reduction Program, Helena 350,000~~

Roof Repair and Replacement, Capitol Complex 279,000

Hazardous Materials Mitigation, Statewide 720,000

State Building Energy Retrofit, Statewide $1,000,000 Nonstate State Special

Revenue

HISTORIC RESTORATION,

MONTANA STATE CAPITOL 100,000

HEALTH SAFETY/CODE

COMPLIANCE, STATEWIDE 408,000

DEPARTMENT OF AGRICULTURE

Modify State Grain Laboratory to Comply With

ADA Standards 40,000

DEPARTMENT OF CORRECTIONS

Secure Female Facility and Renovations,

MYAP, Boulder ~~1,450,000~~

1,846,580

Xanthopoulos Building Renovations, MSP,

Warm Springs 600,000

MCE Improvements/Expansion, MSP,

Warm Springs 400,000 Proprietary

~~Regional Correctional Facilities 2,400,000 Federal Special Revenue~~

ONE REGIONAL CORRECTIONAL FACILITY 3,251,547 FEDERAL SPECIAL REVENUE

192-BED EXPANSION,

MSP, DEER LODGE 6,560,000 FEDERAL SPECIAL REVENUE

SPIRITUAL ACTIVITY CENTER, WCC

AUTHORITY ONLY 350,000 DONATIONS

DEPARTMENT OF FISH, WILDLIFE, AND PARKS

Secure Water Supply, Giant Springs

Trout Hatchery ~~753,847~~ State Special Revenue

553,847

200,000 FEDERAL SPECIAL REVENUE

Bluewater Hatchery Renovation, Phase III 3,316,319 State Special Revenue

Construct Parks Interpretive Center ~~1,250,000~~ State Special Revenue

950,000

Secure Water Supply, Big Springs

Trout Hatchery 1,620,451 State Special Revenue

DEPARTMENT OF LABOR

Install Elevator, Missoula Job Service ~~87,000~~ State Special Revenue

23,490

63,510 FEDERAL SPECIAL REVENUE

DEPARTMENT OF MILITARY AFFAIRS

Demolition of Poplar Armory ~~300,000~~

150,000

Furnace Replacement, Womack Armory ~~300,000~~

275,000

Replace Roof, OMS #3, Helena 30,000 90,000 Federal Special Revenue

ARMY AVIATION SUPPORT FACILITY

MAINTENANCE 39,578

BOZEMAN ARMORY ADA MODIFICATIONS 50,000

ARMED FORCES RESERVE CENTER,

BILLINGS 3,000,000 FEDERAL SPECIAL REVENUE

MONTANA UNIVERSITY SYSTEM

Code Compliance/Disability Access,

University System 2,900,000

Roof Replacements, University System 971,500

Replace Primary Electrical Distribution,

MSU-Billings ~~300,000~~ Auxiliary

356,400

Utility Tunnel Extension, MSU-Bozeman ~~3,944,000~~ Auxiliary

2,510,219

REPAIR/REPLACE PRIMARY

ELECTRICAL DISTRIBUTION,

MSU-NORTHERN 122,000 AUXILIARY

RURAL TECHNOLOGICAL CENTER PLANNING,

UM-DILLON 75,000

CHEMISTRY BUILDING RENOVATION,

UM-MONTANA TECH 750,000 DONATIONS

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

Maintenance and Improvement Projects,

Statewide 200,000

Fire Cache/Garage, Plains Unit 175,000

DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES

Miscellaneous Maintenance and

Improvements, Montana Veterans' Home 406,000 State Special Revenue

DEPARTMENT OF TRANSPORTATION

Equipment Buildings, Statewide ~~2,535,000~~ Highways State Special Revenue

1,910,000

(2) IF ANY BONDED FUNDING AUTHORIZED IN HOUSE BILL NO. 14 FOR THE CRITICAL PROJECT REQUIREMENTS PORTION OF THE CAPITOL RESTORATION PROJECT IS NOT NEEDED BECAUSE OF A REDUCTION IN COSTS FOR THE APPROVED PROJECT, FUNDING MAY BE USED FOR HISTORIC RESTORATION OF THE MONTANA STATE CAPITOL.

(3) THE $600,000 APPROPRIATION AND AUTHORITY FOR THE XANTHOPOULOS BUILDING RENOVATION PROJECT AT MSP, WARM SPRINGS, IS CONTINGENT ON THE CONSTRUCTION OF A NEW STATE HOSPITAL AT WARM SPRINGS.

(4) IN REGARD TO THE CONSTRUCT PARKS INTERPRETIVE CENTER PROJECT AT ULM PISHKUN, IT IS THE INTENT OF THE 55TH LEGISLATURE THAT THE SOVEREIGN NATIONS BE OFFERED THE OPPORTUNITY FOR ECONOMIC BENEFITS, FOR EXAMPLE THE OPTION TO SELL SOUVENIRS.

NEW SECTION. Section 3. Land acquisition appropriation. The following money is appropriated to the department of fish, wildlife, and parks in the indicated amounts for purposes of land acquisition, land leasing, easement purchase, or development agreement:

Agency/Project LRBP Other Funding Sources

Habitat Montana $6,200,000 State Special Revenue

Fishing Access Site Acquisition, Statewide 466,000 State Special Revenue

Bighorn Sheep Program 330,000 State Special Revenue

NEW SECTION. Section 4. Capital improvements. (1) (A) The following money is appropriated to the department of fish, wildlife, and parks in the indicated amounts for the purpose of making capital improvements to statewide facilities:

Agency/Project LRBP Other Funding Sources

Cultural and Historic Parks Improvements ~~$ 690,000~~ State Special Revenue

$ 535,000

Future Fisheries Improvement Program ~~1,000,000~~ State Special Revenue

~~1,200,000~~

1,470,000

Miles City Hatchery Repairs ~~305,500~~ State Special Revenue

815,000

Capitol Complex Irrigation Improvements 225,000 Capitol Land Grant Revenue

Road Improvements, State Parks ~~1,768,000~~ State Special Revenue

2,068,000

Water-Based Recreation Parks Program 642,500 State Special Revenue

~~450,000~~ Federal Special Revenue

350,000

Administrative Facilities Repairs and Improvements 687,000 State Special Revenue

Wildlife Habitat Maintenance 825,000 State Special Revenue

100,000 Federal Special Revenue

Fishing Access Site Protection, Statewide 650,000 State Special Revenue

50,000 Federal Special Revenue

Waterfowl Stamp Protection 165,000 State special Revenue

Fishing Access Site Maintenance, Statewide 275,000 State Special Revenue

(B) THE TOTAL AMOUNT AUTHORIZED FOR CULTURAL AND HISTORIC PARKS IMPROVEMENTS IS $690,000. THE REDUCED APPROPRIATION REFLECTS $155,000 IN LODGING FACILITIES TAX REVENUE THAT IS ALLOCATED TO THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS AND THAT IS STATUTORILY APPROPRIATED UNDER 15-65-121 FOR MAINTENANCE OF FACILITIES IN STATE PARKS.

(C) OF THE $1,200,000 APPROPRIATED TO THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS FOR THE FUTURE FISHERIES IMPROVEMENT PROGRAM, $75,000 IS TO BE USED FOR THE PN BRIDGE AND CAMPGROUND - STREAMBANK EROSION CONTROL PROJECT SPONSORED BY CHOUTEAU AND FERGUS COUNTIES.

(D) THE APPROPRIATION OF $225,000 IN CAPITOL LAND GRANT REVENUE TO THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS IS THE LAST PRIORITY FOR USE OF THESE FUNDS DURING THE 1999 BIENNIUM. IF NECESSARY, THE PROJECT MAY BE PHASED IN AS CAPITOL LAND GRANT REVENUE BECOMES AVAILABLE.

(2) The following money is appropriated to the department of military affairs in the indicated amounts for the purpose of making capital improvements to statewide facilities:

Agency/Project LRBP Other Funding Sources

Federal Spending Authority $ 800,000 Federal Special Revenue

Eastern Montana State Veterans' 52,500 State Special Revenue

Cemetery, Phase I 52,500 Federal Special Revenue

Track Parking, Fort Harrison 500,000 Federal Special Revenue

~~BOQ/BEQ, Fort Harrison 1,700,000 Federal Special Revenue~~

CSMS, Fort Harrison 75,000 Federal Special Revenue

(3) (A) The following money is appropriated to Montana state university in the indicated amount for the purpose of making capital improvements to campus facilities:

Agency/Project LRBP Other Funding Sources

Authority Only Projects, Montana State University ~~$5,000,000 Auxiliary~~

$19,000,000 ACADEMIC BUILDING FEE,

INDIRECT COST RECOVERY,

FEDERAL, PRIVATE,

PLANT FUNDS

(B) IT IS THE INTENT OF THE 55TH LEGISLATURE THAT AT LEAST 50% OF ALL FUTURE OPERATIONS AND MAINTENANCE COSTS FOR THE CLASSROOM-LABORATORY BUILDING AUTHORIZED IN THE AMOUNT OF $19,000,000 AT MSU-BOZEMAN BE FUNDED BY MONTANA STATE UNIVERSITY AND THAT NO MORE THAN 50% BE FUNDED WITH GENERAL FUND MONEY.

(4) The following money is appropriated to the university of Montana in the indicated amount for the purpose of making capital improvements to campus facilities:

Agency/Project LRBP Other Funding Sources

Authority Only Projects, University of Montana $16,050,000 Federal, Trust, Higher

Education Funds, and Donations

RENOVATE MAIN HALL AUDITORIUM,

UM-DILLON 1,250,000 DONATIONS

(5) The following money is appropriated to the department of transportation in the indicated amount for the purpose of making capital improvements to statewide facilities:

Agency/Project LRBP Other Funding Sources

Repair, Maintenance, and Minor

Construction Projects, Statewide $1,415,000 Highways State Special Revenue

NEW SECTION. Section 5. Transfer of funds. The department of fish, wildlife, and parks is authorized to transfer money appropriated in [sections 1 through 4] among fund types.

NEW SECTION. Section 6. Planning and design. The department of administration may proceed with the planning and design of capital projects prior to the receipt of other funding sources. The department may use interaccount loans in accordance with 17-2-107 to pay planning and design costs incurred before the receipt of other funding sources.

NEW SECTION. Section 7. Capital projects -- contingent funds. If a capital project is financed, in whole or in part, with appropriations contingent upon the receipt of other funding sources, the department of administration may not let the projects for bid until the agency has submitted a financial plan for approval by the director of the department of administration. A financial plan may not be approved by the director if:

(1) the level of funding provided under the financial plan deviates substantially from the funding level provided in [sections 1 through 4] for that project; or

(2) the scope of the project is substantially altered or revised from the preliminary plans presented for that project in the 1998-99 long-range building program presented to the 55th legislature.

NEW SECTION. Section 8. Legislative consent. The appropriations authorized in [sections 1 through 7] constitute legislative consent for the capital projects contained in [sections 1 through 7] within the meaning of 18-2-102.

NEW SECTION. SECTION 9. APPROPRIATION FOR PURCHASE AND MAINTENANCE OF VIRGINIA CITY AND NEVADA CITY ASSETS. THE BALANCE IN THE CULTURAL TRUST FUND, UP TO $7,750,000, IS APPROPRIATED TO THE MONTANA HISTORICAL SOCIETY FOR THE ACQUISITION, RENOVATION, AND PRESERVATION OF REAL AND PERSONAL PROPERTY OWNED BY BOVEY RESTORATIONS, INCORPORATED, AND THE HISTORIC LANDMARK SOCIETY OF MONTANA IN THE COMMUNITIES KNOWN AS VIRGINIA CITY AND NEVADA CITY.

SECTION 10. SECTION 5-11-115, MCA, IS AMENDED TO READ:

"5-11-115. Function of department of administration -- capitol area master plan -- advice of legislative council. (1) The department of administration shall establish and maintain a master plan for the orderly development of state buildings in the immediate area of the capital city. The master plan must be developed and maintained, with consideration given to the following factors:

(a) the needs of the state relative to the location and design of buildings to be constructed, purchase of land, parking facilities, traffic management, and landscaping;

(b) the ordinances, plans, requirements, and proposed improvements of the city of Helena and Lewis and Clark County, based without limitation upon zoning regulations, population trends, and plans for rapid transit development;

(c) any other factors that bear upon the orderly, integrated, and cooperative development of the state, the city of Helena, Lewis and Clark County, and state property in the immediate area of the capital city.

(2) The legislative council shall consult with and advise the department of administration concerning the assignment of space in the capitol.

(3) The legislative council shall consult with and advise the Montana historical society on the placement of busts, statues, memorials, or art displays of a permanent nature within public areas of the capitol building. An item may not be permanently displayed unless approved by the legislature.

(4) The Montana historical society shall protect and preserve the permanent artwork in the capitol building and request funding for periodic inspection, maintenance, and repair of the artwork from the ~~trust fund established~~ account provided for in 15-35-108 for protection of works of art in the state capitol and other cultural and aesthetic projects.

(5) The legislative council shall serve as a long-range building committee to recommend to the legislature and the department of administration construction and remodeling priorities for the capitol."

SECTION 11. 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. Any cash balance that is unspent 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%~~ 1.79% must be allocated to ~~a nonexpendable trust~~ an account in the state special revenue fund for the purpose of protection of works of art in the state 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 other cultural and aesthetic projects.~~

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

SECTION 12. SECTION 22-2-301, MCA, IS AMENDED TO READ:

"22-2-301. Cultural and aesthetic projects grants. (1) Any person, association, or representative of a governing unit seeking a grant for a cultural or aesthetic project from the ~~income of the trust fund created~~ account provided for in 15-35-108 must submit a grant proposal to the cultural and aesthetic projects advisory committee, in care of the Montana arts council, by August 1 of the year preceding the convening of a regular legislative session.

(2) Grant proposals must be for the purpose of protecting works of art in the state capitol or other cultural and aesthetic projects."

SECTION 13. SECTION 22-2-304, MCA, IS AMENDED TO READ:

"22-2-304. Cultural and aesthetic project appropriations -- administration. (1) The legislature must appropriate funds from the ~~income of the trust fund created~~ account provided for in 15-35-108 for cultural and aesthetic projects before any grant for a cultural or aesthetic project is awarded.

(2) Costs incurred by the Montana arts council for accounting, correspondence, project visits, and solicitation of proposals related to cultural and aesthetic project grants and the costs of the advisory committee established in 2-15-1521 shall be paid from appropriations from the income of the trust fund.

(3) Grant proposals are heard by a legislative appropriations subcommittee.

(4) Grant proposals approved by the legislature are administered by the Montana arts council."

SECTION 14. SECTION 23-1-108, MCA, IS AMENDED TO READ:

"23-1-108. Acquisition of certain state parks, monuments, or historical sites. (1) Any person, association, or representative of a governing unit may submit a proposal for the acquisition of a site or area described in 23-1-102 from the ~~income of the trust fund created~~ account provided for in 15-35-108 to the department of fish, wildlife, and parks by July 1 of the year preceding the convening of a legislative session.

(2) The fish, wildlife, and parks commission shall present to the legislature by the 15th day of any legislative session a list of areas, sites, or objects that were proposed for purchase for use as state parks, state recreational areas, state monuments, or state historical sites with the money contained in the parks account.

(3) The legislature must appropriate funds from this account before any park, area, monument, or site may be purchased."

NEW SECTION. SECTION 15. 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 NINE MEMBERS. THE MEMBERS SHALL BROADLY REPRESENT THE STATE. FIVE 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 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;

(D) ONE MEMBER MUST HAVE BROAD EXPERIENCE IN BUSINESS; AND

(E) ONE MEMBER MUST BE A MONTANA HISTORIAN.

(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) THE COMMISSION MAY EMPLOY 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 A CURATOR WHO IS RESPONSIBLE FOR THE DISPLAY AND PRESERVATION OF THE ACQUIRED PROPERTY. THE COMMISSION SHALL PRESCRIBE THE DUTIES AND ANNUAL SALARY OF THE EXECUTIVE DIRECTOR AND THE CURATOR.

NEW SECTION. SECTION 16. MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION -- INITIAL APPOINTMENTS. THE INITIAL APPOINTMENTS TO THE COMMISSION MUST BE FOR THE FOLLOWING TERMS:

(1) THE MEMBER WITH EXPERIENCE MANAGING FACILITIES THAT CATER TO THE NEEDS OF TOURISTS, 3 YEARS;

(2) THE MEMBER WITH EXPERIENCE IN COMMUNITY PLANNING, 4 YEARS;

(3) THE MEMBER WITH EXPERIENCE IN HISTORIC PRESERVATION, 5 YEARS;

(4) THE MEMBER WITH BROAD EXPERIENCE IN BUSINESS, 3 YEARS;

(5) THE MONTANA HISTORIAN, 5 YEARS; AND

(6) THE LEGISLATIVE APPOINTMENTS, 2 YEARS.

NEW SECTION. SECTION 17. PURPOSE. THE PURPOSE OF [SECTIONS 15 AND 18 AND THIS SECTION] IS TO ACQUIRE, 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.

NEW SECTION. SECTION 18. 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 [SECTION 17]. 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.

(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) 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.

(3) 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 COMMISSION.

(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;

(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.

NEW SECTION. SECTION 19. CODIFICATION INSTRUCTION. [SECTIONS 15, 17, AND 18] ARE INTENDED TO BE CODIFIED AS AN INTEGRAL PART OF TITLE 22, CHAPTER 3, AND THE PROVISIONS OF TITLE 22, CHAPTER 3, APPLY TO [SECTIONS 15, 17, AND 18].

SECTION 20. SECTION 6, CHAPTER 547, LAWS OF 1995, IS AMENDED TO READ:

The appropriations to the department of natural resources and conservation on page 3194, Laws of 1995, are amended to read:

"Tongue River Dam Rehabilitation ~~$3,500,000~~

$2,868,473"

NEW SECTION. SECTION 21. TRANSFER OF FUNDS. ANY GENERAL FUND REVERSIONS FOR FISCAL YEAR 1997 IN EXCESS OF $15.9 MILLION AND ANY GENERAL FUND REVERSIONS FOR FISCAL YEAR 1998 IN EXCESS OF $5 MILLION MUST BE TRANSFERRED TO THE LONG-RANGE BUILDING PROGRAM ACCOUNT TO BE USED TO FUND CAPITAL PROJECTS.

NEW SECTION. Section 22. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

NEW SECTION. Section 23. Effective ~~date~~ DATES. (1) EXCEPT AS PROVIDED IN SUBSECTION (2), [~~This~~ THIS act] is effective on passage and approval.

(2) [SECTIONS 10 AND 11] ARE EFFECTIVE JULY 1, 1997.

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