_________ Bill No. _______

Introduced By _______________________________________________________________________________



A Bill for an Act entitled: "An Act allocating accommodations tax proceeds to the department of transportation; authorizing the department to use the funds as matching funds for federal community transportation enhancement program funds; appropriating the funds for the purchase of property at Virginia City and Nevada City; providing for the administration of the property at Virginia City and Nevada City; amending section

15-65-121, MCA; and providing an effective date and a termination date."



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



Section 1.  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 balance of the tax proceeds received each reporting period and not deducted pursuant to the expenditure appropriation, allocated in subsection (4), or deposited in 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.

(4) Prior to implementing the statutory appropriation in subsection (1), $1.3 million must be transferred to the department of transportation for matching funds for the purchase of property at Virginia City and Nevada City."



NEW SECTION. Section 2.  Matching funds -- purchase of historic sites -- appropriation. The funds allocated to the department of transportation in 15-65-121(4) must be used as matching funds for federal community transportation enhancement project funds. The funds must be used to purchase historic property at Virginia City and Nevada City. There is appropriated to the department of transportation, $1.3 million in accommodation tax funds for the biennium ending June 30, 1999. The federal funds received as matching funds are appropriated for the purchase of historic property. The appropriations must be used as provided in this section. The department shall transfer title of the property as provided in [section 3].



NEW SECTION. Section 3.  Administration of Virginia City and Nevada City -- lease or sell -- conditions for acquisition. (1) The Montana historical society is authorized to take title of property at Virginia City and Nevada City and shall, subject to subsection (2), oversee the administration of the property, including all of the buildings, facilities, and artifacts. The Montana historical society may lease or sell the property to a local nonprofit corporation.

(2) The Montana historical society may not take title under subsection (1) until it enters into a contract with a local, nonprofit corporation that agrees to assume full responsibility for the management, maintenance, and operational costs of Virginia City and Nevada City and associated personal property and agreeing that major changes or modifications to the property will be done only upon approval by the Montana historical society.



NEW SECTION. Section 4.  Effective date. [This act] is effective July 1, 1997.



NEW SECTION. Section 5.  Termination. [Section 1] terminates July 1, 1999.

-END-