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 A PORTION OF THE BALANCE IN THE CULTURAL TRUST FUND FOR THE ACQUISITION, RENOVATION, AND PRESERVATION OF HISTORIC PROPERTIES; REVISING THE ALLOCATION OF COAL SEVERANCE TAXES TO THE CULTURAL TRUST FUND; ALLOCATING COAL SEVERANCE TAX REVENUE FOR CULTURAL AND AESTHETIC PROJECTS AND TO PROVIDE DEBT SERVICE ON BONDS USED TO FINANCE THE 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 15-35-108, 15-65-121, AND 17-7-502, MCA; AMENDING SECTION 6, CHAPTER 547, LAWS OF 1995; and providing effective dates AND A TERMINATION DATE.
Be it enacted by the Legislature of the State of Montana:
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.
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
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,
MYAP, Boulder 1,846,580
Xanthopoulos Building Renovations, MSP,
Warm Springs 600,000
MCE Improvements/Expansion, MSP,
Warm Springs 400,000 Proprietary
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
Trout Hatchery 553,847 State Special Revenue
200,000 Federal Special Revenue
Bluewater Hatchery Renovation,
Phase III 3,316,319 State Special Revenue
Interpretive Center 950,000 State Special Revenue
Secure Water Supply, Big Springs
Trout Hatchery 1,620,451 State Special Revenue
DEPARTMENT OF LABOR
Missoula Job Service 23,490 State Special Revenue
63,510 Federal Special Revenue
DEPARTMENT OF MILITARY AFFAIRS
Demolition of Poplar Armory 150,000
Furnace Replacement, Womack Armory 275,000
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,
MSU-Billings 356,400 Auxiliary
Utility Tunnel Extension, MSU-Bozeman 2,510,219 Auxiliary
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 1,910,000 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) (a) 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.
(b) (i) The department of corrections may use prison staff for the purpose of making security enhancements and upgrades to the Xanthopoulos building on the Montana state hospital campus as authorized by the legislature.
(ii) The department of administration may exempt the Xanthopoulos building project from the provisions of any applicable Montana law relating to public bidding and construction contracts.
(iii) Prison staff engaged in the Xanthopoulos building project are governed by the staff's existing employment agreements and are not eligible for additional compensation or benefits not currently provided by the existing employment agreements.
(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.
(5) The spiritual activity center project for the women's correctional system is exempt from the bidding requirements and the architectural and engineering review and approval requirements in Title 18.
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
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 $ 535,000 State Special Revenue
Future Fisheries Improvement Program 1,470,000 State Special Revenue
Miles City Hatchery Repairs 815,000 State Special Revenue
Capitol Complex Irrigation Improvements 225,000 Capitol Land Grant Revenue
Road Improvements, State Parks 1,000,000 State Special Revenue
Water-Based Recreation Parks Program 392,500 State Special Revenue
350,000 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 $1,470,000 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, and $15,000 is granted to the city of Deer Lodge for its wastewater effluent land application project.
(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 8] and spent to improve or develop state parks or fishing access sites. Prior to the submission of the proposed 2001 biennium capital improvement budget for the department of fish, wildlife, and parks to the legislative fiscal analyst, as provided in 17-7-122, the agency shall conduct a public meeting or open house in the appropriate department of fish, wildlife, and parks' administrative region for any anticipated capital development project in that region or shall seek comment on the site of the project. The department of fish, wildlife, and parks shall report to the long-range building appropriations subcommittee on the outcome of the public involvement.
(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
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, Academic Building Fees,
Montana State University $19,000,000 Indirect Cost Recovery,
Federal, Private, Plant Funds
(b) It is the intent of the 55th legislature that 100% 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 none be funded with general fund money.
(4) (a) 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 $4,050,000 Federal, Trust, Auxiliary, Plant Funds, and Donations
Renovate Main Hall Auditorium,
UM-Dillon 1,250,000 Donations
(b) It is the intent of the 55th legislature that no student building fees be increased to fund the $4,050,000 in authority only projects approved for the university of Montana.
(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
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.
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.
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.
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.
Section 9. Appropriation for purchase and maintenance of Virginia City and Nevada City assets. (1) In addition to the general obligation bonds authorized in House Bill No. 14 for the purchase of Virginia City and Nevada City property, $3,912,500 from the balance in the cultural trust fund 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 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.
The Beginning July 1, 1997, and ending June 30, 1999, the amount of 0.63% 0.87% 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. Beginning July 1, 1999, 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 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. Income from this trust fund must be appropriated for protection of works of art in the state capitol and for other
cultural and aesthetic projects.
(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.
(7)(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 11. 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 17]. 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 12. 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 17]; 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 13. 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 11 members. The members shall broadly represent the state. 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;
(d) two members must have broad experience in business;
(e) one member must be a member of the tourism advisory council established in 2-15-1816; and
(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.
Section 14. 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) one member with broad experience in business, 3 years, and one member, 4 years;
(5) the tourism advisory council member, 5 years;
(6) the Montana historian, 5 years; and
(7) the legislative appointments, 2 years.
Section 15. Purpose. The purpose of [sections 13 and 15 through 17] 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.
Section 16. 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 15]. 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) (a) Subject to subsection (3)(b), 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 property and the commission.
(b) (i) Until the balance in the cultural and aesthetic trust reaches $7,750,000, the commission shall deposit the portion of profits not used for administrative costs and restoration of the properties in the cultural and aesthetic trust.
(ii) Once the balance in the cultural and aesthetic trust reaches $7,750,000, the commission shall deposit the portion of profits not used for administrative costs and restoration of the properties in the general fund.
(c) It is the intent of the 55th legislature that no general fund money be provided for the operation and maintenance of Virginia City and Nevada City beyond what has been appropriated by the 55th legislature.
(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.
Section 17. 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.
Section 18. Codification instruction. [Sections 13 and 15 through 17] 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 13 and 15 through 17].
Section 19. 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
Section 20. 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.
Section 21. 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.
Section 22. 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.
Section 23. Effective dates -- termination. (1) Except as provided in subsection (2), [this act] is effective on passage and approval.
(2) [Section 10] is effective July 1, 1997.
(3) [Section 11] terminates July 1, 2001.