House Bill No. 354

Introduced By cobb



A Bill for an Act entitled: "An Act providing that unexpended general fund appropriations above anticipated reversions from a general appropriations act revert to the long-range building program account; amending sections 17-7-205 and 17-7-304, MCA; and providing an immediate effective date."



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



Section 1.  Section 17-7-205, MCA, is amended to read:

"17-7-205.   Long-range building program account. (1) There is a long-range building program account in the capital projects fund type.

(2)  Cigarette tax revenue deposited in the account pursuant to 16-11-119 must be obligated prior to obligating other funds in the account.

(3)  Coal severance taxes allocated to the account under 15-35-108 may be appropriated for the long-range building program or debt service payments on building projects. Coal severance taxes required for general obligation bond debt service may be transferred to the debt service fund.

(4) Reversions allocated to the account under 17-7-304 may be appropriated for the long-range building program.

(4)(5)  Interest earnings, project carryover funds, administrative fees, and miscellaneous revenue must be retained in the account."



Section 2.  Section 17-7-304, MCA, is amended to read:

"17-7-304.  (Temporary) Disposal of unexpended appropriations. (1) (a) All Subject to subsection (1)(b), money appropriated for any specific purpose except that appropriated for the university system units listed in subsection (2) and except as provided in subsection (4) must, after the expiration of the time for which appropriated, revert to the several funds and accounts from which originally appropriated. However, any unexpended balance in any specific appropriation may be used for the years for which the appropriation was made.

(b) Money appropriated from the general fund in a general appropriations act in excess of the anticipated reversions established in this subsection reverts to the long-range building program account established in 17-7-205. Any MONETARY reversion that would be made to the general fund in excess of the following reverts to the long-range building program account:

(i) $15,900,000 in fiscal year 1997;

(ii) $5 million in fiscal year 1998; and

(iii) $5 million in fiscal year 1999.

(2)  Except as provided in 17-2-108 and subsection (3) of this section, all money appropriated for the university of Montana campuses at Missoula, Butte, Dillon, and Helena and the Montana state university campuses at Bozeman, Billings, Havre, and Great Falls, the agricultural experiment station with central offices at Bozeman, the forest and conservation experiment station with central offices at Missoula, the cooperative extension service with central offices at Bozeman, and the bureau of mines and geology with central offices in Butte must, after the expiration of the time for which appropriated, revert to an account held by the board of regents. The board of regents is authorized to maintain a fund balance. There is a statutory appropriation, as provided in 17-7-502, to use the funds held in this account in accordance with a long-term plan for major and deferred maintenance expenditures and equipment or fixed assets purchases prepared by the affected university system units and approved by the board of regents. The affected university system units may, with the approval of the board of regents, modify the long-term plan at any time to address changing needs and priorities. The board of regents shall communicate the plan to each legislature, to the legislative finance committee when requested by the legislative finance committee, and to the office of budget and program planning.

(3)  Subsection (2) does not apply to reversions that are the result of a reduction in spending directed by the governor pursuant to 17-7-140. Any amount that is a result of a reduction in spending directed by the governor must revert to the fund or account from which it was originally appropriated.

(4)  For the 2 years following the end of a fiscal year, 30% of the money appropriated to an agency for that year by the general appropriations act for personal services, operating expenses, and equipment and remaining unexpended and unencumbered at the end of the year may be spent for any purpose that is consistent with the goals and objectives of the agency. The dollar amount of the 30% amount that may be carried forward and spent must be determined by the office of budget and program planning. (Terminates July 1, 1997--sec. 13, Ch. 23, Sp. L. November 1993.)

17-7-304.  (Effective July 1, 1997) Disposal of unexpended appropriations. (1) (a) All Subject to subsection (1)(b), money appropriated for any specific purpose except that appropriated for the university system units listed in subsection (2) must, after the expiration of the time for which appropriated, revert to the several funds and accounts from which originally appropriated. However, any unexpended balance in any specific appropriation may be used for the years for which the appropriation was made.

(b) Money appropriated from the general fund in a general appropriations act in excess of the anticipated reversions established in this subsection reverts to the long-range building program account established in 17-7-205. Any reversion that would be made to the general fund in excess of the following reverts to the long-range building program account:

(i) $15,900,000 in fiscal year 1997;

(ii) $5 million in fiscal year 1998; and

(iii) $5 million in fiscal year 1999.

(2)  Except as provided in 17-2-108 and subsection (3) of this section, all money appropriated for the university of Montana campuses at Missoula, Butte, Dillon, and Helena and the Montana state university campuses at Bozeman, Billings, Havre, and Great Falls, the agricultural experiment station with central offices at Bozeman, the forest and conservation experiment station with central offices at Missoula, the cooperative extension service with central offices at Bozeman, and the bureau of mines and geology with central offices in Butte must, after the expiration of the time for which appropriated, revert to an account held by the board of regents. The board of regents is authorized to maintain a fund balance. There is a statutory appropriation, as provided in 17-7-502, to use the funds held in this account in accordance with a long-term plan for major and deferred maintenance expenditures and equipment or fixed assets purchases prepared by the affected university system units and approved by the board of regents. The affected university system units may, with the approval of the board of regents, modify the long-term plan at any time to address changing needs and priorities. The board of regents shall communicate the plan to each legislature, to the legislative finance committee when requested by the legislative finance committee, and to the office of budget and program planning.

(3)  Subsection (2) does not apply to reversions that are the result of a reduction in spending directed by the governor pursuant to 17-7-140. Any amount that is a result of a reduction in spending directed by the governor must revert to the fund or account from which it was originally appropriated."



NEW SECTION. Section 3.  Effective date. [This act] is effective on passage and approval.

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