HOUSE BILL NO. 830
INTRODUCED BY KASTEN, TAYLOR, LANGE, SINRUD, MENDENHALL, RIPLEY, WELLS, GLASER
A BILL FOR AN ACT ENTITLED: "AN ACT APPROPRIATING MONEY FOR CAPITAL PROJECTS AND INFORMATION TECHNOLOGY CAPITAL PROJECTS FOR THE BIENNIUM ENDING JUNE 30, 2009; PROVIDING FOR OTHER MATTERS RELATING TO THE APPROPRIATIONS; PROVIDING FOR A TRANSFER OF FUNDS TO THE LONG-RANGE BUILDING PROGRAM ACCOUNT; PROVIDING FOR A TRANSFER OF FUNDS TO THE FISH, WILDLIFE, AND PARKS CAPITAL PROJECTS ACCOUNT; PROVIDING FOR A TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE LONG-RANGE INFORMATION TECHNOLOGY PROGRAM ACCOUNT; PROVIDING FOR THE DEVELOPMENT AND ACQUISITION OF NEW INFORMATION TECHNOLOGY SYSTEMS FOR THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES, THE DEPARTMENT OF ADMINISTRATION, AND THE JUDICIAL BRANCH; PROVIDING FOR THE REAPPROPRIATION OF LONG-RANGE INFORMATION TECHNOLOGY CAPITAL PROJECT FUNDS; REQUIRING APPROVAL OF PROJECT AND SECURITY PLANS FOR CERTAIN PROJECTS; REVISING CAPITAL PROJECTS AUTHORIZED FOR THE BIENNIUM ENDING JUNE 30, 2007; APPROPRIATING MONEY FROM THE STATE GENERAL FUND FOR ENERGY CONSERVATION PROJECTS IN STATE BUILDINGS; REQUIRING PAYMENT OF ENERGY COST SAVINGS TO A SPECIAL REVENUE ACCOUNT; PROHIBITING TELECOMMUNICATIONS AND INFORMATION SERVICES COMPETITION; AMENDING SECTION 2, CHAPTER 560, LAWS OF 2005; REPEALING SECTION 8, CHAPTER 560, LAWS OF 2005; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Definitions. For the purposes of [sections 1 through 18 17 18 19], unless otherwise stated, the following definitions apply:
(1) "Authority only" means approval provided by the legislature to expend money that does not require an appropriation, including grants, donations, auxiliary funds, proprietary funds, and university funds.
(2) "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 18 17 18 19].
(3) "Chief information officer" has the meaning provided in 2-17-506.
(4) "Information technology" has the meaning provided in 2-17-506.
(5) "Information technology capital project" means a group of interrelated information technology activities that are planned and executed in a structured sequence to create a unique product or service.
(6) "LRBP" means the long-range building program account in the capital projects fund type.
(7) "LRITP" means the long-range information technology program account in the capital projects fund type.
(8) "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 project appropriations and authorizations. The following money is appropriated for the indicated capital projects from the indicated sources to the department of administration. Funds not requiring legislative appropriation are included for the purpose of authorization. The department of administration is authorized to transfer the appropriations and authority among the necessary fund types for these projects:
Agency/Project LRBP State &# 160; Federal Other Authority Total
Fund Special &# 160; Special Funding Only
Revenue Revenue Sources
MONTANA SCHOOL FOR THE DEAF AND BLIND
Replace Boiler 600,000 600,000
DEPARTMENT OF ADMINISTRATION
Roof Repairs and Replacements, Statewide 3,000,000 392,160 68,040 &# 160; 3,460,200
Code/Deferred Maintenance Projects, Statewide 2,300,000 &# 160; 2,300,000
Hazardous Materials Abatement, Statewide 500,000 500,000
Code/Deferred Maintenance Projects, Capitol Complex & #160; 550,000 550,000
Authority only funds consist of general services division internal service funds.
Upgrade Fire Protection Systems, Statewide 500,000 500,000
Fire Protection Measures, Capitol Complex & #160; 500,000 500,000
Authority only funds consist of general services division internal service funds.
Upgrade State Environmental Laboratory, Helena 1,000,000 1,000,000 < span> 2,000,000
Repair/Preserve Building Envelopes, Statewide 1,500,000 &# 160; 1,500,000
Campus Infrastructure Projects, Statewide 1,000,000 0; 1,000,000
Mechanical System Improvements, Capitol Complex 1,900,000 1,900,000
Authority only funds consist of general services division internal service funds.
Deferred Maintenance, Phase 2, MT Law Enforcement Academy 500,000 60; 500,000
New Classroom Building, MT Law Enforcement Academy 3,750,000 3,750,000
1,500,000 &# 160; 1,500,000
3,750,000 0; 3,750,000
Enterprise System REMOTE Services Centers 20,150,000 4,000,000 24,150,000
2,500,000 2,500,000
20,150,000 & #160; 4,000,000 24,150,000
5,500,000 0; 9,500,000
Other funds consist of capitol land grant funds.
OTHER FUNDS CONSIST OF CAPITOL LAND GRANT FUNDS.
THE ENTERPRISE SYSTEM REMOTE SERVICES CENTERS PROJECT MUST BE PERFORMED BY CONTRACTED SERVICES PURSUANT TO TITLE 18, CHAPTER 4.
Campus Master Planning, Statewide 400,000 250,000 650,000
Authority only funds consist of general services division internal service funds.
Challenge Grant for Super Computer, UM-MT Tech 2,800,000 7,000,000 9,800,000
259,000 60; 7,259,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
DEPARTMENT OF CORRECTIONS
Housing Unit Upgrades, MT State Prison 1,200,000 & #160; 1,200,000
Expand Work Dorm, MT State Prison 2,500,000 & #160; 2,500,000
Expand Food Service Capacity, MT State Prison 1,637,000 293,000 1,930,000
Authority only funds consist of proprietary funds.
DEPARTMENT OF FISH, WILDLIFE, AND PARKS
Hatchery Maintenance 500,000 0; 500,000
Administrative Facilities Repair & Maintenance 800,000 & #160; 800,000
DEPARTMENT OF MILITARY AFFAIRS
Readiness Center, Miles City 2,480,000 7,510,970 9,990,970
Armed Forces Reserve Center, Missoula 30,903,968 60; 30,903,968
Construct Female Showers and Latrines 290,000 290,000 0; 580,000
Montana State Veterans' Cemetery Expansion 1,206,000 &# 160; 1,206,000
Disaster & Emergency Services Mobile Command Post 172,500 &# 160; 172,500
MONTANA UNIVERSITIES AND COLLEGES
Code Compliance/Deferred Maintenance, MT University System 3,600,000 3,6 00,000
Systems Improvements, MT-Tech College of Technology 925,000 925,000
Steam Distribution System Upgrades, Phase 2, UM-Missoula 2,000,000 1,000,000 3,000,000
Authority only funds consist of auxiliary funds.
Renovate Clapp Building, UM-Missoula 821,000 &# 160; 821,000
Renovate Armory Gym, MSU-Northern 400,000 & #160; 3,250,000 3,650,000
Authority only funds consist of auxiliary funds.
Renovate Main Hall, UM-Western 4,500,000 & #160; 4,500,000
Renovate McMullen Hall, MSU-Billings 1,924,500 & #160; 1,924,500
Stabilize Masonry, MSU-Bozeman 2,600,000 ; 2,600,000
Deferred Maintenance & Acquisition, MSU-AES, Statewide 400,000 500,000 &# 160;900,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
Classroom/Laboratory Upgrades, MT University System 2,000,000 0; 2,000,000
Utility Infrastructure Improvements, MSU-Bozeman 500,000 50,000 550,000
Authority only funds consist of auxiliary funds.
Supplement UM-Helena College of Technology Expansion 3,500,000 135,000 3,635,000
4,500,000 &# 160; 4,635,000
Authority only funds consist of auxiliary funds.
Supplement Great Falls College of Technology Addition 3,000,000 0; 3,000,000
SUPPLEMENT BILLINGS COLLEGE OF TECHNOLOGY EXPANSION2,217,000 2,217,000
AUTO TECH CENTER DESIGN, MSU-NORTHERN 800,000 60; 800,000
Renovate Gaines Hall, MSU-Bozeman 28,500,000 0; 28,500,000
Law School Addition, UM-Missoula 3,450,000 5,050,000 8,500,000
4,200,000 &# 160; 9,250,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
Augment Petroleum, Bureau of Mines and Geology, UM-MT Tech3,200,000 3,200,000
5,200,000 &# 160; 5,200,000
SCHOOL OF JOURNALISM BUILDING, UM-MISSOULA 500,000 ; 500,000
COT LONG-RANGE PLANNING AND INFRASTRUCTURE 2,000,000 0; 2,000,000
Increase Authority, Museum of the Rockies,
MSU-Bozeman 3,500,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
School of Education Building, UM-Missoula 60; 7,500,000 7,500,000
Authority only funds may include federal special revenue, donations, grants, and higher education funds.
New Parking Structure, UM-Missoula ; 5,000,000 5,000,000
Authority only funds may include federal special revenue, auxiliary, donations, grants, and higher education funds.
Research Centers and Farms
Montana Agricultural Extension Services
Fort Ellis Research and Teaching Farm 184,000 60; 46,000 230,000
Arthur Post Agronomy Farm 400,000 100,000 500,000
Red Bluff Research and Teaching Ranch 170,600 42,650 213,250
Towne Research and Teaching Farm 256,000 60; 64,000 320,000
Central Agricultural Research Center 124,000 &# 160; 31,000 155,000
Eastern Agricultural Research Center 1,600,000 400,000 2,000,000
Northern Agricultural Research Center 1,415,000 353,750 1,768,750
Northwestern Agricultural Research Center 336,000 84,000 420,000
Southern Agricultural Research Center 80,000 60; 20,000 100,000
Western Triangle Agricultural Research Center 240,000 60,000 300,000
Authority is granted to Montana state university in the indicated amounts for the purpose of making capital improvements to the designated facilities. Authority only funds may include any type of nonstate funding. Every $4 appropriated for Research Centers and Farms must be matched by $1 of local funding.
Animal Bioscience Facility, MSU-Bozeman 3,570,000 ; 3,570,000
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
Receiving Hospital Renovations, MT State Hospital, Warm Springs5,800,000 5,800,000
Renovate/Improve Support Services, MT State Hospital 4,500,000 0; 4,500,000
MT Mental Health Nursing Care Center
Improvements, Lewistown 750,000 750,000
Montana Veterans' Home Improvements 1,413,000 1,413,000
Improve Campus, MT State Hospital, Warm Springs 1,280,000 0; 1,280,000
DEPARTMENT OF TRANSPORTATION
Equipment Storage Buildings, Statewide 2,700,000 0; 2,700,000
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
Code/Deferred Maintenance and Small Projects, 750,000 ; 750,000
DNRC Unit Campuses, Statewide
Co-locate DNRC/DEQ, Kalispell 3,500,000 ; 3,500,000
Consolidate DNRC Divisions, Missoula 2,000,000 0; 2,000,000
Building Addition, Billings Oil and Gas Office 750,000 750,000
DEPARTMENT OF JUSTICE
Purchase Forensic Science Lab Building 7,750,000 7,750,000
7,250,000 0; 7,250,000
NEW SECTION. Section 3. Fund transfers. (1) Subject to subsection (4) (3) (4), there is transferred from the state general fund $59.313 $46.838 $64.488 $62.684 million in fiscal year 2008 and $59.313 $46.838 million in fiscal year 2009 to the long-range building program account in the capital projects fund type for the projects enumerated in [section 2].
(2) Subject to subsection (4), there is transferred from the state general fund $2.75 million in fiscal year 2008 and $2.75 million in fiscal year 2009 to the fish, wildlife, and parks capital projects account in the capital projects fund type for the projects enumerated in [section 5].
(2) SUBJECT TO SUBSECTION (4), THERE IS TRANSFERRED FROM THE STATE GENERAL FUND $3.75 MILLION IN FISCAL YEAR 2008 AND $3.75 MILLION IN FISCAL YEAR 2009 TO THE FISH, WILDLIFE, AND PARKS CAPITAL PROJECTS ACCOUNT IN THE CAPITAL PROJECTS FUND TYPE FOR THE PROJECTS ENUMERATED IN [SECTION 5].
(3)(2)(3) Subject to subsection (4) (3) (4), the following amounts are transferred from the general fund to the LRITP in the capital projects fund type:
(a) $3,200,000 $2,100,000, on [the effective date of this act];
(b)(A) $13,831,965 $9,115,400 $10,743,400 for fiscal year 2008; and
(c)(B) $33,505,165 $20,318,035 $26,141,165 $29,193,600 $30,175,600 for fiscal year 2009.
(4)(3)(4) In order to maintain an adequate ending fund balance, if at any time during the 2009 biennium, the office of budget and program planning projects a 2009 biennium unreserved ending general fund balance of less than $100 million, the office of budget and program planning may direct the department of administration to reduce the fund transfers in subsections (1) through (3) AND (2) THROUGH (3). The department of administration shall transfer the funds on a schedule approved by the office of budget and program planning that enables the statewide management goals for cash flow and for fund balance. If the projected unreserved general fund ending fund balance increases at a later point in the biennium, the fund transfers may be increased back up to the original authorized level. The office of budget and program planning may not direct fund transfers to be reduced below the level of encumbrance obligations made against the appropriation at the time of the reduction.
(5)(4)(5) There is transferred from the general fund to the LRITP, $3,935,000 $2,909,470 for fiscal year 2008 to be used for the projects in [section 15] 14 15 16].
NEW SECTION. Section 4. Capital improvements. (1) 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. Funds not requiring legislative appropriation are included for the purpose of authorization:
Agency/Project LRBP State &# 160; Federal Other Authority Total
Fund Special &# 160; Special Funding Only
Revenue Revenue Sources
Future Fisheries 1,314,000 1,314,000
Fishing Access Site Maintenance 350,000 60; 350,000
Fishing Access Site Protection 800,000 800,000
Community Fishing Ponds 50,000 0; 50,000
Upland Game Bird Program 1,258,000 1,258,000
Wildlife Habitat
Maintenance 1,200,000 1,200,000
Migratory Bird Stamp Program 360,000 360,000
Bighorn
Sheep 250,000
Parks Program 500,000 4,950,000 2,300,000 & #160; 7,750,000
Grant Programs/Federal Projects 320,000 2,800,000 0; 3,120,000
(2) Authority is being granted to the university of Montana in the indicated amount for the purpose of making capital improvements to campus facilities. Authority only funds may include federal special revenue, donations, grants, and higher education funds. All costs for the operations and maintenance of any new improvements constructed under this authorization must be paid by the university of Montana with nonstate revenue.
Agency/Project LRBP State &# 160; Federal Other Authority Total
Fund Special &# 160; Special Funding Only
Revenue Revenue Sources
General Spending Authority, UM-All Campuses 4,000,000 4,000,000
(3) Authority is being granted to Montana state university in the indicated amount for the purpose of making capital improvements to campus facilities. Authority only funds may include federal special revenue, donations, grants, and higher education funds. All costs for the operations and maintenance of any new improvements constructed under this authorization must be paid by Montana state university with nonstate revenue.
Agency/Project LRBP State &# 160; Federal Other Authority Total
Fund Special &# 160; Special Funding Only
Revenue Revenue Sources
General Spending Authority, MSU-All Campuses 5,000,000 5,000,000
(4) The following money is appropriated to the department of military affairs in the indicated amount for the purpose of making capital improvements to statewide facilities. All costs for the operation and maintenance of any new improvements constructed with these funds must be paid by the department of military affairs with nonstate revenue.
Agency/Project LRBP State &# 160; Federal Other Authority Total
Fund Special &# 160; Special Funding Only
Revenue Revenue Sources
Federal Spending Authority 2,000,000 2,000,000
(5) The following money is appropriated to the department of transportation in the indicated amount for the purpose of making capital improvements as indicated:
Agency/Project LRBP State &# 160; Federal Other Authority Total
Fund Special &# 160; Special Funding Only
Revenue Revenue Sources
Statewide Maintenance Repair & Small Projects 1,050,000 0; 1,050,000
US Highway 93 Projects 26,000,000 26,000,000
(6) THE FOLLOWING MONEY IS APPROPRIATED TO THE DEPARTMENT OF COMMERCE, MONTANA HERITAGE PRESERVATION AND DEVELOPMENT COMMISSION, IN THE INDICATED AMOUNTS FOR THE PURPOSE OF MAKING CAPITAL IMPROVEMENTS TO FACILITIES LOCATED IN VIRGINIA CITY AND NEVADA CITY:
AGENCY/PROJECT LRBP STATE FEDERAL &# 160; OTHER AUTHORITY TOTAL
FUND SPECIAL SPECIAL< span> FUNDING ONLY
REVENUE 60; REVENUE SOURCES
HISTORIC PRESERVATION AND SUPPORTING IMPROVEMENTS, VIRGINIA AND NEVADA CITIES
3,000,000 &# 160; 3,000,000
NEW SECTION. Section 5. Land acquisition appropriations. 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 State &# 160; Federal Other Authority Total
Fund Special &# 160; Special Funding Only
Revenue Revenue Sources
Fishing Access Site Acquisition 460,000 100,000 60; 560,000
Habitat Montana 6,180,000 6,180,000
Access Montana 0; 5,500,000 5,500,000
ACCESS MONTANA &# 160; 7,500,000 7,500,000
Other funds consist of fish, wildlife, and parks capital projects funds.
THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS SHALL GIVE HIGHEST PRIORITY CONSIDERATION TO THE ACQUISITION OF THE CULBERTSON OVERLOOK AND THE SOUTH HALF OF BRUSH LAKE IN THE ACCESS MONTANA INITIATIVE.
NEW SECTION. Section 6. Dams. (1) The following money is appropriated to the department of fish, wildlife, and parks in the indicated amount for department dams:
Agency/Project LRBP State &# 160; Federal Other Authority Total
Fund Special &# 160; Special Funding Only
Revenue Revenue Sources
FWP Dams Repair 100,000 60; 100,000
(2) In accordance with 85-1-101, the department of natural resources and conservation shall coordinate and manage the projects.
NEW SECTION. Section 7. Bridge. The following money is appropriated to the department of natural resources and conservation in the indicated amount for department bridge projects:
Agency/Project LRBP State &# 160; Federal Other Authority Total
Fund Special &# 160; Special Funding Only
Revenue Revenue Sources
Bridge Replacement/Repair 750,000 0; 750,000
NEW SECTION. Section 8. Transfer of funds. The department of fish, wildlife, and parks and the department of transportation are authorized to transfer the appropriations and/or authority in [sections 4 through 6] among the necessary fund types for these projects.
NEW SECTION. Section 9. Capitol land grant revenue. The appropriation of $4 million in capitol land grant revenue to the department of administration for the enterprise system services centers is the last priority for use of these funds during the 2009 biennium and is dependent upon the availability of revenue. If necessary, the department of administration, architecture and engineering division, shall reduce the project in scope or phase in the project as capitol land grant revenue becomes available.
NEW SECTION. SECTION 9. CAPITOL LAND GRANT REVENUE. THE APPROPRIATION OF $4 MILLION IN CAPITOL LAND GRANT REVENUE TO THE DEPARTMENT OF ADMINISTRATION FOR THE ENTERPRISE SYSTEM SERVICES CENTERS IS THE LAST PRIORITY FOR THE USE OF THESE FUNDS DURING THE 2009 BIENNIUM AND IS DEPENDENT UPON THE AVAILABILITY OF REVENUE. IF NECESSARY, THE DEPARTMENT OF ADMINISTRATION, ARCHITECTURE AND ENGINEERING DIVISION, SHALL REDUCE THE PROJECT IN SCOPE OR PHASE AS CAPITOL LAND GRANT REVENUE BECOMES AVAILABLE.
NEW SECTION. Section 10. 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 11. 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 project 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 2 through 7] 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 2009 biennium long-range building program presented to the 60th legislature.
NEW SECTION. Section 12. Review by department of environmental quality. The department of environmental quality shall review capital projects authorized in [sections 2 through 7] for potential inclusion in the state building energy conservation program under Title 90, chapter 4, part 6. When a review shows that a capital project will result in energy improvements, that project must be submitted to the energy conservation program for funding consideration. Funding provided under the energy conservation program guidelines must be used to offset or add to the authorized funding for the project, and the amount will be dependent on the annual utility savings resulting from the facility improvement. Agencies must be notified of potential funding after the review.
NEW SECTION. Section 13. Sale of Missoula armory. All proceeds derived from the sale of the national guard armory located in Missoula must be deposited in the general fund. Up to $3.5 million of those proceeds is appropriated to the department of military affairs to pay the costs associated with the sale of the armory, to lease or otherwise provide replacement space for soldiers until a new facility is complete, and for the purchase of land for the new Missoula armed forces reserve center.
NEW SECTION. Section 14. Information technology appropriations and authorizations. (1) All business application systems funded under this section must have a plan approved by the chief information officer for the design, definition, creation, storage, and security of the data associated with the application system. The security aspects of the plan must address but are not limited to authentication and granting of system privileges, safeguards against unauthorized access to or disclosure of sensitive information, and, consistent with state records retention policies, plans for the removal of sensitive data from the system when it is no longer needed. It is the intent of this subsection that specific consideration be given to the potential sharing of data with other state agencies in the design, definition, creation, storage, and security of the data.
(2) Funds may not be released for the project until the chief information officer and budget director approve the plans described in subsection (1).
(3) The following money is appropriated to the department of administration for the indicated information technology capital projects.
Agency/Project LRITP &# 160;Federal Special Revenue Total
DEPARTMENT OF ADMINISTRATION
Northern Tier Network Expansion 7,823,130 7,823,130
3,000,000 &# 160; 3,000,000
7,823,130 &# 160; 7,823,130
2,100,000 2,100,000
2,042,000 &# 160; 2,042,000
Statewide E911 Network 4,000,000 4,000,000
3,000,000 &# 160; 3,000,000
4,000,000 4,000,000
UNIVERSITY RESEARCH NETWORK 568,000 568,000
Public Safety Radio Consortium 5,000,000 5,000,000
4,595,000 &# 160; 4,595,000
Public Safety Radio Interoperability 3,500,000 &# 160; 3,500,000
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
TANF Eligibility System 7,625,000 8,600,000 16,225,000
5,000,000 &# 160; 13,600,000
7,625,000 0; 16,225,000
CHIMES System (completion) 550,000 550,000 1,100,000
Food Stamps System 6,535,000 6,535,000 13,070,000
4,500,000 4,500,000 9,000,000
6,535,000 6,535,000 13,070,000
Child & Adult Protective Services (CAPS) System 15,204,000 11,946,000 27,150,000
12,500,000 9,821,000 22,321,000
15,204,000 11,946,000 27,150,000
ICD 10 (Medicaid Disease Codes) 300,000 2,700,000 3,000,000
THE NORTHERN TIER NETWORK EXPANSION APPROPRIATION IS RESTRICTED FOR RURAL NETWORK EXPANSION. THIS APPROPRIATION MAY NOT BE USED FOR BACKBONE. THE NORTHERN TIER NETWORK EXPANSION PROJECT MUST BE PERFORMED BY CONTRACTED SERVICES PURSUANT TO TITLE 18, CHAPTER 4.
THE STATEWIDE E911 NETWORK PROJECT MUST BE PERFORMED BY CONTRACTED SERVICES PURSUANT TO TITLE 18, CHAPTER 4. THE AMOUNT OF $1.5 $2 MILLION OF THE E911 APPROPRIATION MUST USED FOR THE PURCHASE, INSTALLATION, AND MAINTENANCE OF THE POSITION-DETERMINING EQUIPMENT ON THE EXISTING STATEWIDE E911 NETWORK, AND $1.5 $2 MILLION MUST BE DISTRIBUTED TO COUNTIES. THE FUNDS MAY NOT BE USED TO PAY FOR EARLY TERMINATION FEES ON EXISTING CONTRACTS. SIXTEEN PERCENT OF THE AMOUNT DISTRIBUTED TO COUNTIES MUST BE DISTRIBUTED EVENLY TO THE 56 COUNTIES, AND 84% MUST BE DISTRIBUTED TO COUNTIES WITH 1% OR LESS OF THE TOTAL POPULATION. TO BE ELIGIBLE FOR E911 NETWORK FUNDING, A COUNTY MUST HAVE AN APPROVED ENHANCED 9-1-1 PLAN IN ACCORDANCE WITH 10-4-125.
(4) THERE IS APPROPRIATED TO THE DEPARTMENT OF ADMINISTRATION $1.305 $5.618 MILLION FROM THE STATE GENERAL FUND FOR THE OPERATING COSTS ASSOCIATED WITH THE NORTHERN TIER NETWORK EXPANSION, THE UNIVERSITY RESEARCH NETWORK, AND THE PUBLIC SAFETY RADIO CONSORTIUM PROJECTS LISTED IN SUBSECTION (3). IF THIS APPROPRIATION IS NOT FULLY EXPENDED FOR OPERATING COSTS, THEN THE REMAINING FUNDS MAY BE USED TO COMPLETE THE NORTHERN TIER NETWORK EXPANSION AND PUBLIC SAFETY RADIO CONSORTIUM PROJECTS IN SUBSECTION (3).
NEW SECTION. SECTION 15. RESTRICTIONS ON INFORMATION TECHNOLOGY APPROPRIATIONS. THE NORTHERN TIER NETWORK EXPANSION APPROPRIATION IS RESTRICTED BY THE FOLLOWING CONDITIONS:
(1) ALL EXPENDITURES OF THE NORTHERN TIER NETWORK EXPANSION APPROPRIATION FOR THE STATEWIDE TELECOMMUNICATIONS NETWORK, AS DEFINED IN 2-17-506, MUST BE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 18, CHAPTER 4.
(2) A REQUEST FOR INFORMATION MUST BE ISSUED TO ASSIST IN DETERMINING THE MOST COST-EFFECTIVE AND SCALABLE NETWORK THAT MEETS THE STATE AND UNIVERSITY NEEDS.
(3) THE STATEWIDE TELECOMMUNICATIONS NETWORK IS LIMITED TO USE BY STATE GOVERNMENT AGENCIES, POLITICAL SUBDIVISIONS, AND OTHER PARTICIPATING ENTITIES TO SUPPORT THEIR PROGRAM, EDUCATION, AND RESEARCH NEEDS AS PROVIDED IN 2-17-512. ALL ENTITIES THAT ARE PERMITTED TO USE THE STATEWIDE TELECOMMUNICATIONS NETWORK MUST BE QUALIFIED UNDER TERMS AND CONDITIONS ESTABLISHED BY THE DEPARTMENT OF ADMINISTRATION IN ACCORDANCE WITH TITLE 2, CHAPTER 17.
(4) ON BEHALF OF THE MONTANA UNIVERSITY SYSTEM, THE DEPARTMENT OF ADMINISTRATION MAY ENTER INTO AGREEMENTS WITH EDUCATIONAL OR RESEARCH INSTITUTIONS IN OTHER STATES TO USE THE CAPACITY OF THE STATEWIDE TELECOMMUNICATIONS NETWORK TO MEET THEIR MUTUAL NEEDS FOR RESEARCH AND EDUCATION.
(5) EXCEPT AS PROVIDED IN SUBSECTIONS (3) AND (4), THE STATEWIDE TELECOMMUNICATIONS NETWORK CANNOT BE USED TO PROVIDE STATEWIDE TELECOMMUNICATIONS NETWORK SERVICES TO ANY ENTITY NOT AUTHORIZED IN SUBSECTION (3) FOR THE PURPOSE OF USING ANY EXCESS CAPACITY THAT MAY BE AVAILABLE. THE NORTHERN TIER NETWORK EXPANSION APPROPRIATION MAY NOT BE USED TO ACQUIRE, OPERATE, OR MAINTAIN UNUSED FIBER-OPTIC FACILITIES IN COMPETITION WITH THE PRIVATE SECTOR. THE NORTHERN TIER NETWORK EXPANSION PROJECT MUST BE PERFORMED BY CONTRACTED SERVICES PURSUANT TO TITLE 18, CHAPTER 4.
NEW SECTION. Section 16. Judicial branch information technology capital projects appropriation. (1) There is appropriated to the supreme court $3,935,000 $2,909,470 from the LRITP for case management improvements and courtroom technology improvements in the judicial branch.
(2) Before encumbering any funds appropriated in subsection (1), the office of court administrator shall submit a project and security plan, as described in [section 14(1)] 13(1) 14(1)], to the chief information officer. The chief information officer shall promptly review the plan and, if necessary, make timely recommendations to the office of court administrator regarding implementation of the plan.
(3) As part of the annual report to the law and justice interim committee and house appropriations subcommittee required under 3-1-702, the office of court administrator shall include an update on the implementation of projects funded under this section.
(4) THERE IS APPROPRIATED TO THE JUDICIAL BRANCH $1,025,530 FROM THE STATE GENERAL FUND FOR OPERATING COSTS ASSOCIATED WITH THE JUDICIAL BRANCH INFORMATION TECHNOLOGY PROJECT IN SUBSECTION (1). IF THIS APPROPRIATION IS NOT FULLY EXPENDED FOR OPERATING COSTS, THEN THE REMAINING FUNDS MAY BE USED TO COMPLETE THE JUDICIAL BRANCH PROJECT IN SUBSECTION (1).
NEW SECTION. Section 17. Legislative consent. The appropriations authorized in [sections 1 through 15] 14 15 16] constitute legislative consent for the capital projects contained in [sections 1 through 15] 14 15 16] within the meaning of 18-2-102.
NEW SECTION. Section 18. Reappropriation of long-range information technology capital project funds. The remaining balances for long-range information technology capital projects previously approved by the legislature and identified as long-range information technology capital projects in an appropriation act are reappropriated for the purposes of the original appropriation until the projects are completed.
NEW SECTION. Section 19. Approval required. Amounts appropriated by the legislature to executive branch agencies, other than the university system, for long-range information technology capital projects may not be encumbered until project and security plans are approved by the chief information officer and the budget director if the legislature directs these approvals as a condition on the appropriations in the bill making the appropriations.
Section 20. Section 2, Chapter 560, Laws of 2005, is amended to read:
"Section 2. Capital projects appropriations and authorizations. (1) Subject to [section 9(2)], the following money is appropriated for the indicated capital projects from the indicated sources to the department of administration. Funds not requiring legislative appropriation are included for the purpose of authorization. The department of administration is authorized to transfer either or both the appropriations and authority among the necessary fund types for these projects:
Agency/Project LRBP &# 160; Other Funding Sources
MONTANA SCHOOL FOR THE DEAF AND BLIND
Facility Improvements, Montana School
for the Deaf and Blind $398,000
DEPARTMENT OF ADMINISTRATION
Roof Repair and Replacement, Statewide 3,076,242 $206,500 Federal Special Revenue
Repair/Preserve Building Exteriors, Statewide 497,500
Window Repairs and Replacement, Statewide 1,268,625
Deferred Maintenance, Montana Law
Enforcement Academy 761,175
Hazardous Materials Abatement, Statewide 497,500
Code/Deferred Maintenance Projects, Statewide 1,255,989 90,000 Federal Special Revenue
Repair Deteriorated Campus Infrastructure,
Statewide 547,250
Major Maintenance and Repairs to State Capitol 497,500
Upgrade Fire Alarm Systems, Statewide 398,000
Repair Elevators, Capitol Complex 796,000
Upgrade 1100 North Last Chance Gulch 1,201,960
DPHHS Commodity Warehouse
Expansion, Helena ; 2,000,000 Federal Special Revenue
Public Restrooms, Virginia City and Nevada City 99,450
Public Safety Learning Center,
Montana Law Enforcement Academy 3,450,000 Federal Special Revenue
Long-range Building Program Funding Interim Project 8,000
Capitol Annex or Alternatives Feasibility Study 500,000 Capitol Land Grant Funds
MONTANA HISTORICAL SOCIETY
Montana Historical Society Building, Helena 30,000,000 Donations and Grants
Authority is granted to the department of administration in the indicated amount for the construction of a new historical society building.
DEPARTMENT OF CORRECTIONS
Improve Water System, Montana State Prison 124,375
Improve High-Side Kitchen Ventilation,
Montana State Prison 116,714
Improve Perimeter Security, Montana State Prison 1,393,000
DEPARTMENT OF FISH, WILDLIFE, AND PARKS
Hatchery Maintenance, Statewide 60; 575,000 State Special Revenue
575,000 Federal Special Revenue
Rose Creek Hatchery 60; 1,700,000 State Special Revenue
Fort Peck Storage/Office Space 50,000 State Special Revenue
150,000 Federal Special Revenue
Administrative Facilities Repair, Maintenance
and Improvements ; 800,000 State Special Revenue
DEPARTMENT OF MILITARY AFFAIRS
Federal Spending Authority 0; 2,100,000 Federal Special Revenue
Western Montana Veterans' Cemetery, Missoula 3,200,000 Federal Special Revenue
Montana State Veterans' Cemetery Columbarium,
Fort Harrison 0; 500,000 Federal Special Revenue
MONTANA UNIVERSITIES AND COLLEGES
ADA/Code/Deferred Maintenance Projects,
Montana University System 1,393,000
Upgrade Steam Distribution System,
UM-Missoula 5,905,325 & #160; 3,060,000 Auxiliary Funds
Upgrade HVAC Systems, Pershing and
Brockman Halls, MSU-Northern 521,380
Heating System Improvements, Academic
Center and McMullen Halls, MSU-Billings 243,775
Mining and Geology Building Mechanical System
Renovation, UM-Butte 915,400
Upgrade Health Sciences HVAC System,
Phase 2, UM-Missoula 965,150
Renovate Domestic Water Distribution System,
UM-Dillon 182,185
Classroom/Laboratory Upgrades, Montana
University System 995,000
Facility Repairs and Improvements, MSU-Billings 542,275
Heating Plant Phase 3, MSU-Bozeman 945,250
Renovate HVAC Systems, Science Complex
3rd and 4th Floors, UM-Missoula 606,950
Water/Sewer System Repairs and Maintenance,
MSU-Bozeman 248,750 250,000 Auxiliary Funds
Upgrade Primary Electrical Distribution,
MSU-Bozeman 746,250 750,000 Auxiliary Funds
Facility Repairs and Improvements,
MSU-Agricultural Experiment Stations 477,600
MSU-Agricultural Experiment Station Projects 646,750
Campus Improvements, MSU-Northern 636,800 300,000 &# 160; Auxiliary Funds
New Construction, Consolidate Campus,
UM-Missoula College of Technology 24,500,000 &# 160; Federal Special Revenue, 60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing a new university of Montana-Missoula college of technology.
Native American Study Center, UM-Missoula 2,500,000 &# 160;Federal Special Revenue,
60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing the Native American center. This authority augments $3,500,000 of existing authority for this capital improvement.
New Gallery Space, UM-Missoula 6,000,000 Federal Special Revenue, 60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing new gallery space.
New Forestry Complex, UM-Missoula 20,000,000& #160; Federal Special Revenue, 60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing the new forestry complex.
MBMG/Petroleum Building, UM-Tech, Butte 5,400,000 60;Federal Special Revenue, 60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing the MBMG/petroleum building.
Research Lab Facility, UM-Missoula 3,000,000 Federal Special Revenue, 60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing the research lab facility. Any increase in costs for the operations and maintenance of the research lab facility must be paid by the university of Montana with nonstate revenue.
Law Building ADA Improvements/
Renovation/Expansion, UM-Missoula 500,000
This state money augments $5,000,000 of existing authority for this project.
School of Journalism Building, UM-Missoula 500,000
This state money augments $12,000,000 of existing authority for this project.
VisComm Black Box Theater,
MSU-Bozeman & #160; 2,750,000 Federal Special Revenue, 60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing the new viscomm black box theater.
Animal Bioscience Building, MSU-Bozeman 7,500,000 & #160; Federal Special Revenue, 60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing the new animal bioscience building. This authority augments $5,000,000 of existing authority for this capital improvement.
Museum of the Rockies, MSU-Bozeman 12,000,000 Federal Special Revenue, 60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing improvements to the museum of the rockies.
Native American Student Center, MSU-Bozeman 8,000,000 Federal Special Revenue, 60; Donations, Grants, and
60; Higher Education Funds
Authority is granted to the department of administration in the indicated amount for the purpose of constructing the new Native American student center.
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
Facility Improvements, Montana
State Hospital, Warm Springs 592,523
Facility Improvements, Montana
Developmental Center, Boulder 218,044
Demolish Abandoned Buildings,
Public Health and Human Services 1,741,250
Stabilize Old Administration Building, Montana
Developmental Center, Boulder 179,100
Housing for High-Risk Behaviors 2,529,290
Special Care Unit Renovations,
Eastern Montana Veterans' Home, Glendive 475,000 & #160; State Special Revenue
Facility Renovation and Improvements,
Montana Veterans' Home, Columbia Falls 465,000 ; State Special Revenue
Construct Chapel, Montana State Hospital,
Warm Springs ; 350,000 Donations and Grants
Authority is granted to the department of administration in the indicated amount for the purpose of constructing the chapel at the Montana state hospital in Warm Springs.
DEPARTMENT OF TRANSPORTATION
Equipment Storage Buildings, Statewide 635,000& #160; State Special Revenue
Chiller/Cooling Towers Replacement,
Helena Headquarters 350,000 State Special Revenue
Office Addition, Billings ; 500,000 State Special Revenue
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
Replace Clearwater Unit Fire Cache 248,750
OFFICE OF THE GOVERNOR
Historic and Cultural Properties Interim Study 20,000
(2) (a) For the purpose of constructing a privately funded chapel at the Montana state hospital in Warm Springs, the department of administration may waive, in whole or in part, the requirements pertaining to:
(i) bidding and bonding for state building projects in Title 18;
(ii) labor requirements in Title 18; and
(iii) contractor registration in Title 39.
(b) The waiver pursuant to subsection (2)(a) may be exercised in the following circumstances:
(i) to obtain the volunteer services and donated materials from members of the public, civic organizations, and other entities;
(ii) to obtain the compensated services of contractors who are donating significant amounts of labor, time, and materials; and
(iii) to meet the terms and conditions for receipt of major sums of money from private or public funding sources, including individual donations.
(3) (a) For the purpose of selling the Jocko fish hatchery to the Confederated Salish and Kootenai tribes and in exchange for constructing and improving the fish hatchery at the Rose Creek hatchery, the department of fish, wildlife, and parks may waive, in whole or in part, the requirements pertaining to:
(i) public bids for land disposal in 87-1-209(3); and
(ii) the real property trust fund in 87-1-601.
(b) The waiver pursuant to subsection (3)(a) may be exercised only under the circumstances described in subsection (3)(a). The waiver does not affect the department's requirement to obtain full market value pursuant to Article X, section 11, of the Montana constitution."
NEW SECTION. SECTION 21. APPROPRIATION. THERE IS APPROPRIATED FROM THE STATE GENERAL FUND TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE 2009 BIENNIUM $3 MILLION TO BE USED TO FUND THE COSTS OF ACQUIRING, CONSTRUCTING, AND INSTALLING ENERGY SAVING EQUIPMENT, SYSTEMS, AND IMPROVEMENTS IN EXISTING STATE BUILDINGS, STRUCTURES, AND FACILITIES BY THE ENERGY CONSERVATION PROGRAM. THE FUNDS MAY BE USED ONLY TO FUND PROJECTS FOR WHICH THE DEPARTMENT OF ENVIRONMENTAL QUALITY DETERMINES THAT ENERGY COST SAVINGS FROM THE PROJECT WILL EQUAL OR EXCEED THE COSTS OF THE PROJECT, INCLUDING THE COSTS OF THE INVESTMENT-GRADE ENERGY AUDIT ON AND DESIGN OF THE PROJECT, WITHIN 15 YEARS AFTER INSTALLATION OR CONSTRUCTION.
NEW SECTION. SECTION 22. ENERGY CONSERVATION REPAYMENT ACCOUNT. (1) THERE IS AN ENERGY CONSERVATION REPAYMENT ACCOUNT IN THE STATE SPECIAL REVENUE FUND ESTABLISHED IN 17-2-102.
(2) THERE MUST BE DEPOSITED IN THE ENERGY CONSERVATION REPAYMENT ACCOUNT:
(A) THE AMOUNT OF ENERGY COSTS SAVED AS A RESULT OF THE ACQUISITION, INSTALLATION, AND CONSTRUCTION OF ENERGY SAVING EQUIPMENT, SYSTEMS, OR IMPROVEMENTS IN STATE BUILDINGS, FACILITIES, OR STRUCTURES USING GENERAL FUND APPROPRIATIONS TO THE ENERGY CONSERVATION PROGRAM UNTIL TOTAL PAYMENTS TO THE ACCOUNT FOR A PROJECT EQUAL THE COST OF THE PROJECT, INCLUDING THE COST OF THE INVESTMENT GRADE ENERGY AUDIT ON THE PROJECT AND THE DESIGN OF THE PROJECT; AND
(B) INTEREST EARNED ON THE ACCOUNT.
(3) MONEY IN THE ENERGY CONSERVATION REPAYMENT ACCOUNT IS AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY BY APPROPRIATION TO FUND THE COSTS OF THE ENERGY CONSERVATION PROGRAM.
NEW SECTION. SECTION 23. TELECOMMUNICATION AND INFORMATION SERVICES COMPETITION PROHIBITED. (1) THE UNIVERSITY RESEARCH NETWORK, PART OF A NATIONAL RESEARCH NETWORK INFRASTRUCTURE, SERVES ENTITIES WITHIN AND OUTSIDE THIS STATE. THE MONTANA UNIVERSITY SYSTEM MAY USE THE NORTHERN TIER NETWORK INFRASTRUCTURE ONLY FOR THE PURPOSE OF SUPPORTING THE RESEARCH AND EDUCATION MISSIONS OF THE MONTANA UNIVERSITY SYSTEM. THE MONTANA UNIVERSITY SYSTEM MAY NOT USE THE UNIVERSITY RESEARCH NETWORK INFRASTRUCTURE FOR TRADITIONAL INTERNET, VOICE, VIDEO, OR OTHER TELECOMMUNICATIONS SERVICES BEYOND THOSE REQUIRED FOR RESEARCH NETWORKS.
(2) THE MONTANA UNIVERSITY SYSTEM OR ANY ENTITY ASSOCIATED WITH THE UNIVERSITY SYSTEM MAY NOT RESELL ANY PORTION OF THE UNIVERSITY RESEARCH NETWORK TO NONUNIVERSITY ENTITIES OTHER THAN RESEARCH COLLABORATORS.
(3) THE UNIVERSITY RESEARCH NETWORK MAY NOT REPLACE ANY TELECOMMUNICATION NETWORK SERVICES THAT ARE PROVIDED BY THE DEPARTMENT OF ADMINISTRATION TO ANY STATE AGENCY, CITY, COUNTY, CONSOLIDATED GOVERNMENT, OR SCHOOL DISTRICT UNDER TITLE 2, CHAPTER 17, PART 5.
(4) THE MONTANA UNIVERSITY SYSTEM SHALL PROVIDE A COMPREHENSIVE BIENNIAL REPORT OF THE UNIVERSITY RESEARCH NETWORK ACTIVITIES FOR THE BIENNIUM BEGINNING JULY 1, 2007, TO THE LEGISLATURE IN ITS NEXT REGULAR SESSION AS PROVIDED IN 5-11-210 AND SHALL SUBMIT TO A BIENNIAL AUDIT OF THE UNIVERSITY RESEARCH NETWORK ACTIVITIES BEGINNING WITH THE BIENNIUM BEGINNING JULY 1, 2009.
NEW SECTION. Section 24. Repealer. Section 8, Chapter 560, Laws of 2005, is repealed is repealed.
NEW SECTION. Section 25. Codification instruction. (1) [Sections 17 and 18] 16 AND 17 17 AND 18 18, AND 19, AND 23] are intended to be codified as an integral part of Title 2, chapter 17, part 5, and the provisions of Title 2, chapter 17, part 5, apply to [sections 17 and 18] 16 AND 17 17 AND 18 18, AND 19, AND 23].
(2) [SECTION 22] IS INTENDED TO BE CODIFIED AS AN INTEGRAL PART OF TITLE 90, CHAPTER 4, PART 6, AND THE PROVISIONS OF TITLE 90, CHAPTER 4, PART 6, APPLY TO [SECTION 22].
NEW SECTION. Section 26. Coordination instruction. If Senate Bill No. 79 is not passed and approved containing transfers from the state general fund of $7.15 million in fiscal year 2008 and $7.15 million in fiscal year 2009 to the long-range building program account in the capital projects fund type, then there is transferred from the state general fund $7.15 million in fiscal year 2008 and $7.15 million in fiscal year 2009 to the long-range building program account in the capital projects fund type.
NEW SECTION. Section 27. Coordination instruction. If House Bill No. 116 is passed and approved WITH A REDUCTION TO THE FUTURE FISHERIES RESOURCE INDEMNITY TRUST INTEREST EARNINGS DISTRIBUTION, then the appropriation for future fisheries in [section 4 of this act] is appropriated from the fish, wildlife, and parks state special revenue account established in 87-1-601. REDUCED BY A LIKE AMOUNT.
NEW SECTION. Section 28. Coordination instruction. If House Bill No. 791 is passed and approved, then [section 3(3) 3(2) 3(4) of this act] is void and the provisions of House Bill No. 791 are applied to the transfers in [section 3 of this act].
NEW SECTION. Section 29. 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 30. Effective date. [This act] is effective on passage and approval.
- END -
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