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; CREATING A MONTANA
HERITAGE PRESERVATION AND DEVELOPMENT ACCOUNT; ALLOCATING A PORTION OF THE LODGING
FACILITY USE TAX TO THE ACCOUNT; STATUTORILY APPROPRIATING THE ACCOUNT; providing for other
matters relating to the appropriations; AMENDING SECTIONS 5-11-115, 15-35-108, 15-65-121, 17-7-502, 22-2-301,
AND 23-1-108, MCA; AMENDING SECTION 6, CHAPTER 547, LAWS OF 1995; and providing an
immediate effective date DATES AND A TERMINATION DATE."
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
MONTANA STATE CAPITOL 100,000
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,
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
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
753,847 State Special Revenue
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
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
63,510 FEDERAL SPECIAL REVENUE
DEPARTMENT OF MILITARY AFFAIRS
Demolition of Poplar Armory
Furnace Replacement, Womack Armory
Replace Roof, OMS #3, Helena 30,000 90,000 Federal Special Revenue
ARMY AVIATION SUPPORT FACILITY
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,
Utility Tunnel Extension, MSU-Bozeman
MSU-NORTHERN 122,000 AUXILIARY
RURAL TECHNOLOGICAL CENTER PLANNING,
CHEMISTRY BUILDING RENOVATION,
UM-MONTANA TECH 750,000 DONATIONS
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
Maintenance and Improvement Projects,
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
DEPARTMENT OF COMMERCE
FORT PECK INTERPRETIVE CENTER GRANT
45,000 STATE SPECIAL REVENUE
(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
Future Fisheries Improvement Program
1,000,000 State Special Revenue 1,200,000
Miles City Hatchery Repairs
305,500 State Special Revenue
Capitol Complex Irrigation Improvements 225,000 Capitol Land Grant Revenue
Road Improvements, State Parks
1,768,000 State Special Revenue
Water-Based Recreation Parks Program 642,500 State Special Revenue
450,000 Federal Special Revenue
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.
(E) THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS SHALL SUBMIT TO THE LEGISLATURE THE REPORT REQUIRED BY 23-1-110 REGARDING ANY MONEY APPROPRIATED IN [SECTIONS 1 THROUGH 21] AND SPENT TO IMPROVE OR DEVELOP STATE PARKS OR FISHING ACCESS SITES. IN SUBMITTING THE PROPOSED 2001 BIENNIUM BUDGET OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO THE LEGISLATIVE FISCAL ANALYST, AS PROVIDED IN 17-7-122, THE GOVERNOR SHALL INCLUDE THE REPORT REQUIRED BY 23-1-110 FOR LEGISLATIVE CONSIDERATION AND FUNDING APPROVAL OF THE SPECIFIC PROJECTS. THE LEGISLATURE RECOMMENDS THAT THE 1999 LEGISLATURE NOT APPROPRIATE ANY FUNDS FOR THE IMPROVEMENT OR DEVELOPMENT OF A STATE PARK OR FISHING ACCESS SITE WITHOUT REVIEWING AND CONSIDERING EACH PROPOSED PROJECT CONTAINED IN THE REPORT. IT IS THE INTENT OF THE LEGISLATURE THAT PRIORITIES IN THE 2001 BIENNIUM FUNDING REQUEST FOR STATE PARKS AND FISHING ACCESS SITES BE ON MAINTENANCE OF EXISTING FACILITIES RATHER THAN ON IMPROVEMENT OR DEVELOPMENT. AS USED IN THIS INTENT STATEMENT, "MAINTENANCE" MEANS PLACING, CLEANING, AND STOCKING OF LATRINES; GARBAGE AND LITTER CLEANUP; FENCE INSTALLATION AND REPAIR; WEED CONTROL; IMPLEMENTATION OF SAFETY AND HEALTH MEASURES REQUIRED BY LAW TO PROTECT THE PUBLIC; UPKEEP OF ESTABLISHED TRAILS, ROADS, BOAT DOCKS, AND OTHER EXISTING FACILITIES; IN-KIND REPLACEMENT OF EXISTING FACILITIES; EROSION CONTROL; STREAMBANK STABILIZATION; ERECTION OF BARRIERS NECESSARY TO PRESERVE RIPARIAN VEGETATION AND HABITAT; MINIMAL SIGNAGE NECESSARY TO INFORM USERS OF APPROPRIATE PARK OR SITE USE AND APPLICABLE REGULATIONS; MEASURES NECESSARY TO ENSURE COMPLIANCE WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990, WHEN APPLICABLE; PLANTING OF NATIVE TREES, GRASSES, AND SHRUBS; AND INSTALLATION OF FIRE RINGS, PICNIC TABLES, AND TRASH COLLECTION FACILITIES.
(F) UNEXPENDED FUNDS APPROPRIATED IN [THIS ACT] TO THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS FOR MAINTENANCE MAY BE USED ONLY FOR THAT PURPOSE. UNEXPENDED FUNDS APPROPRIATED IN [THIS ACT] TO THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS FOR CAPITAL IMPROVEMENTS MAY BE SPENT ONLY FOR MAINTENANCE.
(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)(3) 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)(4) 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. (1) 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. THE MONTANA HISTORICAL SOCIETY MAY DELIVER THE PURCHASE PRICE TO AN INTERMEDIARY DESIGNATED BY THE SELLER, IN THE SELLER'S SOLE DISCRETION. IN ADDITION, THE MONTANA HISTORICAL SOCIETY SHALL COMPLY WITH THE TERMS OF THE OPTION AGREEMENT ENTERED INTO BY THE STATE OF MONTANA AND THE OWNERS OF THE PROPERTY. THE MONTANA HISTORICAL SOCIETY SHALL COOPERATE FULLY WITH THE SELLER IN EXECUTING ANY DOCUMENTS REASONABLY NECESSARY TO EFFECTUATE AN EXCHANGE OF THE PROPERTY AND TAKE OTHER STEPS NECESSARY TO CARRY OUT THE SELLER'S INTENT TO COMPLETE A TAX-DEFERRED EXCHANGE UNDER SECTION 1031 OF THE INTERNAL REVENUE CODE, 26 U.S.C. 1031.
(2) IMMEDIATELY UPON ACQUISITION, THE MONTANA STATE CAPITOL ARTIFACTS LOCATED IN VIRGINIA CITY AND NEVADA CITY MUST BE TRANSFERRED TO THE DEPARTMENT OF ADMINISTRATION FOR USE IN HISTORIC RESTORATION OF THE STATE CAPITOL.
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 15-65-121, MCA, IS AMENDED TO READ:
"15-65-121. Distribution of tax proceeds -- general fund loan authority. (1) The proceeds of the tax imposed by 15-65-111 must, in accordance with the provisions of 15-1-501, be deposited in an account in the state special revenue fund to the credit of the department of revenue. The department may spend from that account in accordance with an expenditure appropriation by the legislature based on an estimate of the costs of collecting and disbursing the proceeds of the tax. Before allocating the balance of the tax proceeds in accordance with the provisions of 15-1-501 and as provided in subsections (1)(a) through (1)(e) of this section, the department shall determine the expenditures by state agencies for in-state lodging for each reporting period and deduct 4% of that amount from the tax proceeds received each reporting period. The amount deducted must be deposited in the general fund. The amount of $400,000 each year must be deposited in the Montana heritage preservation and development account provided for in [section 20]. On July 1, 1997, the amount of $45,000 is transferred to the department of commerce for purposes of a grant to the Fort Peck interpretive center. The balance of the tax proceeds received each reporting period and not deducted pursuant to the expenditure appropriation or deposited in the Montana heritage preservation and development account or the general fund is statutorily appropriated, as provided in 17-7-502, and must be transferred to an account in the state special revenue fund to the credit of the department of commerce for tourism promotion and promotion of the state as a location for the production of motion pictures and television commercials, to the Montana historical society, to the university system, and to the department of fish, wildlife, and parks, as follows:
(a) 1% to the Montana historical society to be used for the installation or maintenance of roadside historical signs and historic sites;
(b) 2.5% to the university system for the establishment and maintenance of a Montana travel research program;
(c) 6.5% to the department of fish, wildlife, and parks for the maintenance of facilities in state parks that have both resident and nonresident use;
(d) 67.5% to be used directly by the department of commerce; and
(e) (i) except as provided in subsection (1)(e)(ii), 22.5% to be distributed by the department to regional nonprofit tourism corporations in the ratio of the proceeds collected in each tourism region to the total proceeds collected statewide; and
(ii) if 22.5% of the proceeds collected annually within the limits of a city or consolidated city-county exceeds $35,000, 50% of the amount available for distribution to the regional nonprofit tourism corporation in the region where the city or consolidated city-county is located, to be distributed to the nonprofit convention and visitors bureau in that city or consolidated city-county.
(2) If a city or consolidated city-county qualifies under this section for funds but fails to either recognize a nonprofit convention and visitors bureau or submit and gain approval for an annual marketing plan as required in 15-65-122, then those funds must be allocated to the regional nonprofit tourism corporation in the region in which the city or consolidated city-county is located.
(3) If a regional nonprofit tourism corporation fails to submit and gain approval for an annual marketing plan as required in 15-65-122, then those funds otherwise allocated to the regional nonprofit tourism corporation may be used by the department of commerce for tourism promotion and promotion of the state as a location for the production of motion pictures and television commercials."
SECTION 13. SECTION 17-7-502, MCA, IS AMENDED TO READ:
"17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.
(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:
(a) The law containing the statutory authority must be listed in subsection (3).
(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.
(3) The following laws are the only laws containing statutory appropriations: 2-9-202; 2-17-105; 2-18-812; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-111; 15-23-706; 15-30-195; 15-31-702; 15-37-117; 15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-410; 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-5-404; 17-5-424; 17-5-804; 17-6-101; 17-6-201; 17-7-304; 18-11-112; 19-2-502; 19-6-709; 19-9-1007; 19-17-301; 19-18-512; 19-18-513; 19-18-606; 19-19-205; 19-19-305; 19-19-506; 20-8-107; 20-8-111; 20-9-361; 20-26-1503; [section 20]; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 39-71-2504; 44-12-206; 44-13-102; 50-4-623; 50-5-232; 50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 76-12-123; 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-136; 82-11-161; 85-1-220; 85-20-402; 90-3-301; 90-4-215; 90-6-331; 90-7-220; 90-7-221; and 90-9-306.
(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; and pursuant to sec. 7(2), Ch. 29, L. 1995, the inclusion of 15-30-195 terminates July 1, 2001.)"
SECTION 14. 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 15. SECTION 22-2-304, MCA, IS AMENDED TO READ:
"22-2-304. Cultural and aesthetic project appropriations -- administration. (1) The legislature must appropriate funds
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 ACCOUNT.
(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 16. 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 11 MEMBERS. THE MEMBERS SHALL BROADLY
REPRESENT THE STATE. FIVE SEVEN 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;
(C) ONE MEMBER MUST HAVE EXPERIENCE IN HISTORIC PRESERVATION;
ONE MEMBER TWO MEMBERS MUST HAVE BROAD EXPERIENCE IN BUSINESS; AND
(E) ONE MEMBER MUST BE A MEMBER OF THE TOURISM ADVISORY COUNCIL ESTABLISHED IN 2-15-1816; AND
(E)(F) 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 17. 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;
THE ONE MEMBER WITH BROAD EXPERIENCE IN BUSINESS, 3 YEARS, AND ONE MEMBER, 4 YEARS;
(5) THE TOURISM ADVISORY COUNCIL MEMBER, 5 YEARS;
(5)(6) THE MONTANA HISTORIAN, 5 YEARS; AND (6)(7) THE LEGISLATIVE APPOINTMENTS, 2 YEARS.
NEW SECTION. SECTION 18. PURPOSE. THE PURPOSE OF [SECTIONS
15 AND 18 AND THIS SECTION 16
AND 18 THROUGH 20] 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 19. 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 18]. 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.
(C) ARCHITECTURAL AND ENGINEERING REVIEW AND APPROVAL DO NOT APPLY TO THE HISTORIC RENOVATION PROJECTS.
(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;
(C) WHETHER THE PROPERTY CAN CONTRIBUTE TO THE ECONOMIC AND SOCIAL ENRICHMENT OF THE STATE;
(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.
(7) PRIOR TO THE CONVENING OF EACH REGULAR SESSION, THE COMMISSION SHALL REPORT TO THE GOVERNOR AND THE LEGISLATURE CONCERNING FINANCIAL ACTIVITIES DURING THE PRIOR BIENNIUM.
NEW SECTION. SECTION 20. MONTANA HERITAGE PRESERVATION AND DEVELOPMENT ACCOUNT. (1) THERE IS A MONTANA HERITAGE PRESERVATION AND DEVELOPMENT ACCOUNT IN THE STATE SPECIAL REVENUE FUND.
(2) MONEY DEPOSITED IN THE ACCOUNT MUST BE USED FOR:
(A) THE PURCHASE OF PROPERTIES IN VIRGINIA CITY AND NEVADA CITY;
(B) RESTORATION, MAINTENANCE, AND OPERATION OF HISTORIC PROPERTIES IN VIRGINIA CITY AND NEVADA CITY; AND
(C) PURCHASING, RESTORING, AND MAINTAINING HISTORICALLY SIGNIFICANT PROPERTIES IN MONTANA THAT ARE IN NEED OF PRESERVATION.
(3) THE ACCOUNT IS STATUTORILY APPROPRIATED, AS PROVIDED IN 17-7-502, TO THE MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION TO BE USED AS PROVIDED IN THIS SECTION.
NEW SECTION. SECTION 21. CODIFICATION INSTRUCTION. [SECTIONS
15, 17, AND 18 16 AND 18
THROUGH 20] 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 16 AND 18 THROUGH 20].
SECTION 22. 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
NEW SECTION. SECTION 23. 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 24. 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 25. COORDINATION. IF HOUSE BILL NO. 166 AND [THIS ACT] ARE BOTH PASSED AND APPROVED AND IF BOTH BILLS AMEND 15-65-121, THEN THE AMENDMENTS TO 15-65-121 IN HOUSE BILL NO. 166 ARE VOID.
NEW SECTION. Section 26. Effective
date DATES -- TERMINATION. (1) EXCEPT AS PROVIDED IN
SUBSECTION (2), [ This THIS act] is effective on passage and approval.
(2) [SECTIONS 10
AND 11 THROUGH 12] ARE EFFECTIVE JULY 1, 1997.
(3) [SECTION 12] TERMINATES JULY 1, 2001.