reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-113. Inquiries and investigations by budget director

17-7-113. Inquiries and investigations by budget director.
The budget director or the budget director's designated representative shall make further inquiries and investigations that the budget director considers necessary as to any item included in the report and estimates furnished by any department, agency, or institution.
History: En. Sec. 5, Ch. 158, L. 1959; amd. Sec. 5, Ch. 282, L. 1974; amd. Sec. 18, Ch. 453, L. 1977; R.C.M. 1947, 79-1016(part); amd. Sec. 4, Ch. 10, L. 2009; amd. Sec. 219, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-121. Preliminary budget preparation and submission to governor and governor-elect

17-7-121. Preliminary budget preparation and submission to governor and governor-elect.
(1) Upon receipt of the completed forms and other available data and information, the budget director shall examine the same for the purpose of determining the necessity of the disbursements and funds requested and shall, on or before the date established in 17-7-112, submit in writing to the governor and to the governor-elect, if there is one, a preliminary budget for the ensuing biennium containing the detailed information required to be set forth in the budget to be submitted by the governor to the legislature.
(2) If requested by the governor-elect, the governor shall incorporate in the budget, as a separate section, the estimates, comments, and recommendations that the governor-elect may wish to make, and by the date established in 17-7-112, this section of the budget must be transmitted to the legislature and the legislative fiscal analyst without change. It is the duty of the governor-elect in recommending changes to show a balance between proposed disbursements and anticipated receipts.
History: En. Sec. 3, Ch. 158, L. 1959; amd. Sec. 3, Ch. 282, L. 1974; R.C.M. 1947, 79-1014; amd. Sec. 8, Ch. 347, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-122. Preparation of budget

17-7-122. Preparation of budget.
(1) The governor shall, following the receipt of the preliminary budget from the budget director, have prepared a budget for the ensuing biennium and shall submit the budget to the legislative fiscal analyst in accordance with 17-7-112.
(2) Legislative branch budget proposals must be included in the budget submitted by the governor without changes.
(3) Judicial branch budget proposals must be included in the budget submitted by the governor, but expenditures above the current base budget need not be part of the balanced financial plan pursuant to 17-7-123.
History: (1)En. Sec. 4, Ch. 158, L. 1959; amd. Sec. 15, Ch. 147, L. 1963; amd. Sec. 4, Ch. 282, L. 1974; Sec. 79-1015, R.C.M. 1947; (2)En. Sec. 2, Ch. 158, L. 1959; amd. Sec. 1, Ch. 91, L. 1961; amd. Sec. 1, Ch. 223, L. 1969; amd. Sec. 2, Ch. 282, L. 1974; Sec. 79-1013, R.C.M. 1947; R.C.M. 1947, 79-1015(part), 79-1013(part); amd. Sec. 1, Ch. 657, L. 1991; amd. Sec. 3, Ch. 12, Sp. L. November 1993; amd. Sec. 57, Ch. 545, L. 1995; amd. Sec. 9, Ch. 347, L. 1997; amd. Sec. 5, Ch. 10, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-124. Additional budget data

17-7-124. Additional budget data.
In addition to the budget required in 17-7-123, the governor shall prepare and make available on request a detailed analysis of receipts by accounting entity within each fund type indicating classification and source of funds.
History: En. Sec. 23, Ch. 349, L. 1993; amd. Sec. 11, Ch. 347, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-131. Legislative action -- ending fund balance

17-7-131. Legislative action -- ending fund balance.
(1) The presiding officers of the house of representatives and of the senate shall promptly refer the budgets and budget bills to the proper committees. The budget bill for the maintenance of the agencies of state government and the state institutions must be based upon the budget and proposed budget bill submitted at the request of the governor. The legislature may amend the proposed budget bill, but it may not amend the proposed budget bill so as to affect either the obligations of the state or the payment of any salaries required to be paid by the constitution and laws of the state.
(2) The adopted budget must be limited so that a positive ending general fund balance exists at the end of the biennium for which funds are appropriated.
(3) When possible, the adopted budget should be limited so that the ending fund balance of the general fund is greater than or equal to the amount of the operating reserve.
History: En. Sec. 6, Ch. 205, L. 1919; re-en. Sec. 299, R.C.M. 1921; amd. Sec. 4, Ch. 167, L. 1933; re-en. Sec. 299, R.C.M. 1935; Sec. 79-1006, R.C.M. 1947; amd. and redes. 79-1015.1 by Sec. 30, Ch. 326, L. 1974; R.C.M. 1947, 79-1015.1; amd. Sec. 3, Ch. 607, L. 2003; amd. Sec. 4, Ch. 429, L. 2017.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-132. Right to appear on consideration of budget

17-7-132. Right to appear on consideration of budget.
The budget director and representatives of agencies expending or applying for state money may and, when requested by either the house of representatives or the senate, shall appear and be heard with respect to any budget bill.
History: En. Sec. 7, Ch. 205, L. 1919; re-en. Sec. 300, R.C.M. 1921; re-en. Sec. 300, R.C.M. 1935; Sec. 79-1007, R.C.M. 1947; amd. and redes. 79-1015.2 by Sec. 31, Ch. 326, L. 1974; R.C.M. 1947, 79-1015.2; amd. Sec. 12, Ch. 347, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-133. Montana local disaster resiliency fund

17-7-133. (Temporary) Montana local disaster resiliency fund.
(1) There is statutorily appropriated pursuant to 17-7-502 $4 million per year beginning in the fiscal year beginning July 1, 2023, from the general fund to the department of military affairs.
(2) Eligible uses of the money are:
(a) state and local mitigation projects that reduce or eliminate long-term risk to people and property from future disasters;
(b) the nonfederal cost share for personnel performing mitigation program management; and
(c) matching funds for grants for the purchase of hazardous material equipment and training to increase local capacity to respond to incidents as defined in 10-3-1203 involving hazardous material.
(3) The appropriation is void in any year that there is a projected general fund budget deficit pursuant to 17-7-140. (Terminates June 30, 2027--sec. 24, Ch. 722, L. 2023.)
History: En. Sec. 6, Ch. 722, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-134. Pension state special revenue account

17-7-134. Pension state special revenue account.
(1) There is a pension state special revenue account to the credit of the department of administration.
(2) The account is funded by a distribution pursuant to 17-7-130.
(3) Funds in the account may only be used to transfer into:
(a) a state-administered pension fund;
(b) the budget stabilization reserve fund provided for in 17-7-130;
(c) the fire suppression account provided for in 76-13-150; or
(d) the capital developments long-range building program account provided for in 17-7-209.
(4) The fund is subject to legislative transfer.
History: En. Sec. 8, Ch. 722, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-141. Audit costs

17-7-141. Audit costs.
Amounts appropriated for audits conducted under Title 5, chapter 13, may be transferred between fiscal years. Agencies shall reserve enough money in each fund to pay for audit costs and to the maximum extent allowable under federal regulations shall charge audit costs to federal funds.
History: En. Sec. 11, Ch. 787, L. 1991.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-142. Calculation of reversions for funded resident enrollment growth in Montana university system

17-7-142. Calculation of reversions for funded resident enrollment growth in Montana university system.
(1) The reversion calculation in this section is effective only in those years when the legislature funds resident enrollment growth based on resident enrollment projections and requires a reversion by the Montana university system if the resident enrollment projections are not met.
(2) The reversion must be calculated based on the marginal funding for each resident FTE identified in the general appropriations act.
(3) The total reversion is calculated based on the difference between the FTE resident enrollment projection and the actual FTE resident enrollment or the FTE resident enrollment projection and the prior 3-year average FTE resident enrollment, whichever is lower.
History: En. Sec. 1, Ch. 253, L. 2001; amd. Sec. 1, Ch. 23, L. 2003; amd. Secs. 1, 2, Ch. 348, L. 2021.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-150. Definitions

17-7-150. Definitions.
As used in 17-7-151, the following definitions apply:
(1) "Current biennium" means the biennium during which the legislature is meeting in regular session.
(2) "Next biennium" means the biennium for which the regular session of the legislature makes appropriations.
(3) (a) "State resources" means:
(i) the general fund;
(ii) state special revenue funds other than private funds;
(iii) federal special revenue funds;
(iv) proprietary funds that require an appropriation;
(v) identified fund transfers to nonstate resources, not including the debt service fund type; and
(vi) the capital projects fund type.
(b) The term does not include:
(i) the debt service fund type;
(ii) fund transfers among state resources or from state resources to the debt service fund type;
(iii) higher education funds;
(iv) permanent funds;
(v) noncash accounting entries; and
(vi) the fiduciary fund category.
History: En. Sec. 1, Ch. 74, L. 1997; amd. Sec. 10, Ch. 34, L. 2001; amd. Sec. 4, Ch. 232, L. 2015.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-151. Budget comparison

17-7-151. Budget comparison.
(1) The budget comparison contrasts appropriations for general government operations in one biennium to those in a different biennium.
(2) In preparing budget comparisons for legislative sessions, the office of budget and program planning and the legislative fiscal division shall compare temporary and statutory appropriations of state resources in the current biennium to temporary and statutory appropriations of state resources in the next biennium.
(3) The office of budget and program planning and the legislative fiscal division shall share the methods used to estimate the amounts of statutory appropriations. If there are differences in estimates of revenue or amounts of statutory appropriations, the legislative fiscal analyst shall explain the differences as part of the independent analysis of the executive budget.
(4) Budget comparisons must include the same attributes and methods of calculation. Items that are not appropriated at the beginning of a biennium, such as budget amendments, supplemental appropriations, and reappropriations, must be included in budget comparisons but must be segregated and indicated as noncomparable items.
History: En. Sec. 2, Ch. 74, L. 1997; amd. Sec. 5, Ch. 232, L. 2015.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-152. Expenditure comparison

17-7-152. Expenditure comparison.
(1) The expenditure comparison contrasts expenditures of state resources for general government operations over time.
(2) In preparing expenditure comparisons, the office of budget and program planning and the legislative fiscal division shall compare actual expenditures of state resources.
(3) Expenditure comparisons must include the same attributes and methods of calculation. An expenditure of state resources may be accounted for only once in a comparison. Expenditures that are not appropriated at the beginning of a biennium, such as budget amendments, supplemental appropriations, and emergency appropriations, must be included in expenditure comparisons but must be segregated.
History: En. Sec. 1, Ch. 232, L. 2015.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-153. State contributions to local government -- expenditure comparison

17-7-153. State contributions to local government -- expenditure comparison.
Expenditure comparisons of state resources to local government must include local assistance grants, city or county or city-county appropriations, federal revenue sharing funds, fund transfers to local governments, and other expenditures of state resources made by the state to local government entities, tribal entities, and school districts.
History: En. Sec. 2, Ch. 232, L. 2015.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-154. Expenditures for district courts and office of public defender

17-7-154. (Temporary) Expenditures for district courts and office of public defender.
Expenditure comparisons of state resources to local government must include state expenditures for the district courts and the office of state public defender but not for the appellate defender division. (Terminates June 30, 2025--sec. 7, Ch. 232, L. 2015.)
History: En. Sec. 3, Ch. 232, L. 2015; amd. Sec. 8, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-160. Montana highway patrol exempt from vacancy savings

17-7-160. Montana highway patrol exempt from vacancy savings.
(1) Vacancy savings may not be imposed on authorized positions in the Montana highway patrol.
(2) For purposes of this section:
(a) "authorized positions" means those positions included in the list of current authorized positions that the Montana highway patrol is required to maintain under 2-18-206; and
(b) "vacancy savings" means the difference between the cost of fully funding authorized positions for an entire fiscal year and the actual cost of those authorized positions during that period.
History: En. Sec. 5, Ch. 421, L. 2005; amd. Sec. 1, Ch. 118, L. 2015.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-161. Game warden positions exempt from vacancy savings

17-7-161. Game warden positions exempt from vacancy savings.
(1) Vacancy savings may not be imposed on authorized game warden positions in the department.
(2) For purposes of this section:
(a) "authorized game warden positions" means those game warden positions included in the list of current authorized positions that the department is required to maintain under 2-18-206;
(b) "department" means the department of fish, wildlife, and parks established in 2-15-3401; and
(c) "vacancy savings" means the difference between the cost of fully funding authorized positions for an entire fiscal year and the actual cost of funding those authorized positions during that fiscal year.
History: En. Sec. 1, Ch. 519, L. 2007; amd. Sec. 2, Ch. 118, L. 2015.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-162. Montana school for the deaf and blind exempt from vacancy savings

17-7-162. Montana school for the deaf and blind exempt from vacancy savings.
(1) Vacancy savings may not be imposed on authorized positions in the Montana school for the deaf and blind, as described in 20-8-101.
(2) For purposes of this section, the following definitions apply:
(a) "Authorized positions" means those positions included in the list of current authorized positions that the board is required to maintain under 2-18-206.
(b) "Vacancy savings" means the difference between the cost of fully funding authorized positions for an entire fiscal year and the actual cost of those authorized positions during that period.
History: En. Sec. 3, Ch. 394, L. 2011; amd. Sec. 3, Ch. 118, L. 2015.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 1. Budget Systems and Program Plans › 17-7-163. Appropriations for medicaid expenditures

17-7-163. Appropriations for medicaid expenditures.
Appropriations in a general appropriations act for medicaid may be used only to pay for or administer medicaid services.
History: En. Sec. 1, Ch. 355, L. 2021.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-203. Submission to legislature

17-7-203. Submission to legislature.
During the first week of each regular legislative session, the governor shall submit to the legislature:
(1) the requests of all state agencies and institutions compiled in the form of a comprehensive, long-range proposed building program for capital developments, including:
(a) the purpose for which each building would be used;
(b) the estimated cost of each building, including necessary land acquisition;
(c) the reasons given by the institution or agency for needing each building;
(d) a priority order recommended by the agency or institution for each building;
(e) the recommendation of the institution or agency as to when each building is needed;
(f) any comments of the governor;
(2) a building program for capital developments proposed by the governor for the forthcoming biennium in the form of a capital developments budget, including:
(a) the purpose for which each building would be used;
(b) the estimated cost of each building and necessary land acquisition;
(c) the reasons for the governor's recommendation to construct each building during the forthcoming biennium;
(d) the proposed method of financing for each building;
(e) any long-range building plans;
(f) any changes in the law necessary to insure an effective, well-coordinated building program for the state.
(3) the list of anticipated major repair projects submitted by the architecture and engineering division pursuant to 17-7-223.
History: En. Sec. 15, Ch. 271, L. 1963; amd. Sec. 82, Ch. 326, L. 1974; R.C.M. 1947, 82-3315(3); amd. Sec. 13, Ch. 469, L. 2019.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-204. Long-range building program for capital developments

17-7-204. Long-range building program for capital developments.
The executive budget for all state agencies must include detailed recommendations for the state long-range building program for capital developments presented in order of importance by fund type. Each recommendation must be presented by agency or branch by funding source, with a description of each proposed capital development, an explanation of the problem to be addressed by the proposed project, alternative methods of addressing the problem, the rationale for the selection of a particular alternative, and a projection of increased operating costs incident to the project for the next three bienniums.
History: En. 79-1015.1 by Sec. 4, Ch. 460, L. 1975; R.C.M. 1947, 79-1012.4; amd. Sec. 15, Ch. 347, L. 1997; amd. Sec. 14, Ch. 469, L. 2019.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-206. Repealed

17-7-206. Repealed.
Sec. 17, Ch. 469, L. 2019.
History: En. Sec. 12, Ch. 547, L. 1995.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-208. Capital development funding -- transfer as present law base

17-7-208. Capital development funding -- transfer as present law base.
(1) As part of the executive budget prepared pursuant to 17-7-123, the governor shall propose annual transfers from the general fund into the account established in 17-7-209. Except as provided in subsection (2), the amount of the proposed annual transfers are considered present law and must be equal to 1% of the amount of the certified unaudited state general fund revenue, including transfers into the general fund, as determined by the state treasurer on or before August 15 of the year preceding a legislative session less the:
(a) general fund debt service anticipated by the office of budget and program planning for each year of the biennium for issued general obligation bonds paid from the general fund as set forth in the state budget pursuant to 17-5-802; and
(b) projected general fund debt service for each year of the biennium for general obligation bonds paid from the general fund proposed in the executive budget.
(2) The governor may propose to reduce or increase the amount of the annual transfers proposed pursuant to subsection (1). Any proposed increase or decrease to the amount required in subsection (1) must be included in the executive budget request as a new proposal.
(3) The legislature may appropriate funds in the general appropriations act for transfer into the account established in 17-7-209 from the general fund for capital development projects based on the state fiscal condition.
(4) The appropriated transfer to the account established in 17-7-209 to fund capital developments is part of the base budget for purposes of Title 17, chapter 7, part 1.
(5) The department of administration shall transfer the annual amount appropriated by the legislature from the general fund to the capital developments long-range building program account established in 17-7-209 by August 15 of each fiscal year except as provided in subsection (6).
(6) The department of administration may not make the annual transfer if the executive has authorized transfers from the budget stabilization reserve fund established in 17-7-130 in the immediately preceding 11 months or if the transfer would result in reductions pursuant to 17-7-140.
(7) This section does not limit the ability of the legislature to authorize general obligation bonds or the board of examiners to issue and sell bonds authorized by previous legislatures and has no effect on the pledge or security for general obligation bonds.
History: En. Sec. 4, Ch. 469, L. 2019.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-209. Capital developments long-range building program account

17-7-209. Capital developments long-range building program account.
(1) (a) There is a capital developments long-range building program account in the capital projects fund type to fund capital developments and to retire general obligation bonds paid by the general fund.
(b) If there are funds in excess of the amount needed for appropriations from the capital developments long-range building program account in the capital projects fund type, then the excess funds:
(i) may be used to pay down the principal, interest, premiums, and any costs or fees associated with redeeming or defeasing outstanding general obligation bonds paid by the general fund for capital projects previously authorized and issued pursuant to state law; and
(ii) must be used to forego or reduce the amount of an issuance of general obligation bonds paid by the general fund and authorized pursuant to state law only if the balance in the capital developments long-range building program account established in 17-7-209 is $100 million or more after reducing the account balance by:
(A) the amount needed for appropriations from the account; and
(B) the amount of funds used to forego or reduce the issuance of general obligation bonds paid by the general fund.
(2) Interest earnings, project carryover funds, administrative fees, and miscellaneous revenue must be retained in the account.
(3) For the purposes of subsection (1)(b)(i), funds are statutorily appropriated pursuant to 17-7-502(4) from this account.
History: En. Sec. 5, Ch. 469, L. 2019; amd. Sec. 2, Ch. 491, L. 2021; amd. Sec. 5, Ch. 722, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-210. Required funding for maintenance of newly authorized state buildings

17-7-210. Required funding for maintenance of newly authorized state buildings.
(1) If construction of a new facility requires an immediate or future increase in state funding for program expansion or operations and maintenance, the legislature may not authorize the new facility unless it also appropriates funds for the increase in state funding for program expansion and operations and maintenance.
(2) (a) To the extent allowed by law, at the end of each fiscal year following approval of a new facility but prior to receipt of its certificate of occupancy, the appropriation made pursuant to subsection (1) reverts to its originating fund. The appropriation is not subject to the provisions of 17-7-304.
(b) When a certificate of occupancy for a new facility is received prior to the end of the fiscal year, the amount of the appropriation made pursuant to subsection (1) that reverts to its originating fund is the prorated amount from the beginning of the fiscal year to the date of the receipt of the certificate of occupancy.
History: En. Sec. 6, Ch. 469, L. 2019.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-211. Expansion to be authorized -- budget amendment

17-7-211. Expansion to be authorized -- budget amendment.
(1) An existing capital project may not be expanded beyond the scope of the project approved by the legislature unless the expansion of the project is authorized by a long-range building program budget amendment approved by the budget director.
(2) A proposed long-range building program budget amendment must be submitted to the budget director through the architecture and engineering division of the department of administration. The budget director, through a long-range building program budget amendment, may authorize:
(a) the transfer of excess funds appropriated to a capital project within an agency to increase the appropriation of another capital project within that agency; or
(b) financing to expand a project with funds that were not available for consideration by the legislature.
History: En. Sec. 13, Ch. 787, L. 1991; amd. Sec. 16, Ch. 347, L. 1997.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-212. Reappropriation of capital projects

17-7-212. Reappropriation of capital projects.
The remaining balances on capital projects previously approved by the legislature are reappropriated for the purposes of the original appropriation until the projects are completed.
History: En. Sec. 14, Ch. 787, L. 1991.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-213. High-performance building standards

17-7-213. High-performance building standards.
(1) New buildings and major renovations constructed under 17-7-202 and new state-leased buildings must:
(a) be built and operated as high-performance buildings; and
(b) exceed the International Energy Conservation Code most recently adopted by the department of labor and industry by 20% or to the extent that is cost-effective over the life of the building or major renovation.
(2) The department, in collaboration with the Montana university system and other state agencies, shall adopt high-performance building standards. In developing these standards, the department shall consider:
(a) integrated design principles to optimize energy performance, enhance indoor environmental quality, and conserve natural resources;
(b) cost-effectiveness, including productivity, deferred maintenance, and operational considerations;
(c) environmental, economic, and social sustainability of materials and components; and
(d) building functionality, durability, and maintenance.
History: En. Sec. 1, Ch. 135, L. 2009.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-214. High-performance program for operations and maintenance of existing buildings

17-7-214. (Temporary) High-performance program for operations and maintenance of existing buildings.
(1) The department of administration, in collaboration with the Montana university system and other state agencies, shall develop a voluntary high-performance building program for the operation and maintenance of existing buildings. In developing this program, the department of administration shall consider:
(a) integrated design principles to optimize energy performance, enhance indoor environmental quality, and conserve natural resources;
(b) cost-effectiveness, including productivity, deferred maintenance, and operational considerations; and
(c) building functionality, durability, and maintenance.
(2) When economically justified, state agencies may elect to improve the cost-effectiveness of existing buildings by participating in the high-performance program for operations and maintenance of existing buildings established by the department of administration under this section.
(3) The department of administration, in collaboration with the Montana university system, shall provide a report to the energy and telecommunications interim committee in accordance with 5-11-210 on the high-performance building program established in subsection (1). The report must include an overview of the state agencies and educational units participating in the program and an estimate of savings or actual savings in operations and maintenance resulting from participation in the program. (Terminates June 30, 2029--sec. 1, Ch. 408, L. 2019.)
History: En. Sec. 1, Ch. 422, L. 2015; amd. Sec. 42, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-215. Transfer of budgeted utility funds -- special revenue account -- university plant subfunds

17-7-215. (Temporary) Transfer of budgeted utility funds -- special revenue account -- university plant subfunds.
(1) (a) For each fiscal year, each state agency, other than the university system, participating in the high-performance program for operations and maintenance of existing buildings created in 17-7-214 may transfer to the special revenue account established in subsection (1)(b) 75% of any amount remaining in the budgeted operating expenses for building maintenance. Only state funds may be transferred.
(b) The architecture and engineering division of the department of administration shall establish a special revenue account to receive transfers made pursuant to subsection (1)(a). Money in the account is statutorily appropriated, as provided in 17-7-502, to the department for the purposes of this part. All interest and income earned on money in the account must be deposited into the account.
(c) The division shall administer the special revenue account established in subsection (1)(b) to the credit of each participating agency for the purposes of subsection (3).
(2) The Montana university system may establish a subfund of the plant fund provided for in 17-2-102(4)(e) to receive the transfer made for each educational unit participating in the program established under 17-7-214. At the end of each fiscal year, a participating educational unit may transfer to the unit's subfund 75% of the unit's unspent utility funds. All interest and income earned on the money in the subfund must remain in the subfund. The educational unit may use the money in the unit's subfund for the purposes described in subsection (3).
(3) The money in the special revenue account and in any university plant subfunds created pursuant to subsection (2) is designated for the purpose of financing high-performance operations and maintenance and achieving utility cost reductions. (Terminates June 30, 2029--sec. 1, Ch. 408, L. 2019.)
History: En. Sec. 2, Ch. 422, L. 2015.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-221. Major repair long-range building program account

17-7-221. Major repair long-range building program account.
(1) There is a major repair long-range building program account in the capital projects fund type to fund major repair projects.
(2) Cigarette tax revenue is deposited in the account pursuant to 16-11-119.
(3) Coal severance taxes are allocated to and deposited in the account under 15-35-108.
(4) Interest earnings, project carryover funds, administrative fees, and miscellaneous revenue must be retained in the account.
History: En. Sec. 3, Ch. 456, L. 1995; amd. Sec. 13, Ch. 387, L. 2011; amd. Sec. 9, Ch. 6, Sp. L. November 2017; amd. Sec. 15, Ch. 469, L. 2019; Sec. 17-7-205, MCA 2017; redes. 17-7-221 by Code Commissioner, 2019.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-222. Minimum funding for major repair -- restriction of capital developments -- transfer to satisfy minimum as present law base

17-7-222. Minimum funding for major repair -- restriction of capital developments -- transfer to satisfy minimum as present law base.
(1) The minimum level of funding for major repair projects is 0.6% of the replacement cost of existing long-range building program-eligible buildings for each fiscal year.
(2) The legislature may not fund the design or construction of any new capital development projects, except to complete the funding of projects for which partial funding has been previously provided, until the legislature has estimated and appropriated the amount referred to in subsection (1) to fund major repair projects for long-range building program-eligible buildings from the account established in 17-7-221 for each fiscal year.
(3) Sources for funding the amount referred to in subsection (1) are:
(a) revenue allocations into the account established in 17-7-221 of cigarette tax revenue allocated pursuant to 16-11-119 and coal severance taxes allocated pursuant to 15-35-108, as projected in the official revenue estimate provided in 5-5-227; and
(b) an appropriated transfer into the account from the general fund in the general appropriations act.
(4) The appropriated transfer in subsection (3)(b) to the account established in 17-7-221 to fund major repair projects is part of the present law base for purposes of Title 17, chapter 7, part 1, and must be sufficient to fund the amount referred to in subsection (1) when added to the account's revenue allocations in subsection (3)(a).
History: En. Sec. 3, Ch. 469, L. 2019.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-223. Major repair -- submission of list to legislature -- priorities

17-7-223. Major repair -- submission of list to legislature -- priorities.
(1) By November 15 of the year preceding a regular legislative session, the division shall, on behalf of all state agencies, submit a list of anticipated major repair projects to the governor. The governor shall review the list of anticipated long-range building program-eligible major repair projects recommended by the division and submit it to the legislature.
(2) The division shall ensure that the list identifies:
(a) single projects that cost more than $150,000;
(b) multiple projects within a single building or facility that collectively cost more than $150,000; and
(c) single projects that will be constructed in phases with an aggregate cost of more than $150,000.
(3) Unless otherwise directed by the legislature, the division shall execute major repair projects from the prioritized list submitted to the legislature up to the level of appropriation made by the legislature.
(4) In prioritizing major repair projects, the division shall consider the results of the statewide facility inventory and condition assessment prepared pursuant to 17-7-202.
(5) In prioritizing major repair projects, the division shall allocate at least 80% of the funds that the legislature appropriates for major repair to:
(a) projects that address:
(i) any issue that impacts health and safety;
(ii) failing building envelopes;
(iii) structural deficiencies;
(iv) energy, utility, or water savings;
(b) projects that upgrade, repair, or replace:
(i) mechanical, plumbing, or control systems;
(ii) electrical systems;
(iii) fixed equipment;
(iv) an essential building component; or
(v) infrastructure, including a utility tunnel, water line, gas line, sewer line, roof, parking lot, or road; or
(c) projects that demolish and replace an existing building or facility that is in extensive disrepair and cannot be fixed by repair or maintenance.
(6) In prioritizing major repair projects, the division shall allocate no more than 20% of the funds that the legislature appropriates for major repair to:
(a) remodeling and aesthetic upgrades to meet programmatic needs; or
(b) construct an addition to an existing building or facility.
History: En. Sec. 1, Ch. 469, L. 2019.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-224. Funding for major repair -- emergency funding

17-7-224. Funding for major repair -- emergency funding.
(1) After the legislature approves the list of anticipated major repair projects, if an exigency arises that creates an unforeseen and critical need for a major repair project, the division may reallocate major repair funds to address the project.
(2) The division shall report any changes made in major repair allocations approved by the legislature to:
(a) the legislative fiscal analyst and the budget director on a quarterly basis; and
(b) the legislature at its next regular session.
History: En. Sec. 2, Ch. 469, L. 2019.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-225. Capitol complex executive branch state special revenue account

17-7-225. Capitol complex executive branch state special revenue account.
(1) There is a capitol complex executive branch state special revenue account in the state special fund type established in 17-2-102.
(2) Interest earnings, project carryover funds, and miscellaneous revenue must be retained in the account.
History: En. Sec. 9, Ch. 762, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-226. Eligible use of funds

17-7-226. Eligible use of funds.
(1) The funds in the account established in 17-7-225 may be used to continue renovation, replacement, or construction of complex facilities based on findings from the 2022 Montana remote and office workspace study, including but not limited to capital improvements to:
(a) align modern workspace with a modern workforce;
(b) implement enterprise-wide opportunities for technology enhanced touch-down and hoteling stations;
(c) improve productivity;
(d) reduce agency programmatic and operational costs;
(e) provide flexible spaces for long-term efficiencies, performance, and cost reduction;
(f) improve workforce efficiencies, recruiting, and retention, including telework-friendly design;
(g) consolidate state-owned and leased properties into existing, replacement, or new spaces;
(h) renovation or construction costs, including relocation costs, for moving the legislative audit division provided for in 5-13-301 and non-legislative branch functions or agencies out of the capitol;
(i) colocation to take advantage of teleworking and mission-related adjacencies;
(j) centralize access to governmental services and improve citizen accessibility;
(k) provide security improvements to ensure safety and continuity of governmental operations; and
(l) increase disaster resiliency.
(2) Priority must be given to projects that have a high return on investment or that reduce deferred maintenance backlog through the renovation and renewal of existing spaces.
(3) Furniture, fixtures, and equipment associated with the implementation of this section may be paid from these funds.
(4) Operating, administrative, moving, and relocation costs associated with the implementation of this section may be paid from these funds.
(5) The department may propose transfers from the account established in 17-7-225 to the major repair long-range building program account or the capital developments long-range building program account for executive branch capital projects within the capitol complex.
History: En. Sec. 10, Ch. 762, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-227. Capitol complex legislative branch state special revenue account

17-7-227. Capitol complex legislative branch state special revenue account.
(1) There is a capitol complex legislative branch state special revenue account in the state special fund established in 17-2-102.
(2) Interest earnings, project carryover funds, and miscellaneous revenue must be retained in the account.
History: En. Sec. 11, Ch. 762, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 2. Long-Range Building Program and Budget › 17-7-228. Eligible use of funds

17-7-228. Eligible use of funds.
(1) The funds in the account established in 17-7-227 may be used to:
(a) develop and implement a strategic capital plan to improve the efficiency and functionality of the legislative space and the legislative process;
(b) plan, renovate, replace, or construct capitol complex facilities for the use of the legislative branch;
(c) increase citizen access to legislators and the legislative process;
(d) locate priority functions and entities to be located within the walls of the capitol;
(e) relocate functions and entities not required to be located within the walls of the capitol;
(f) address deficiencies in legislator and legislative support staff spaces;
(g) improve adjacencies and colocation where functional efficiencies can be gained;
(h) provide flexible spaces for long-term efficiencies, performance, and cost reduction;
(i) improve workforce efficiencies, recruiting, and retention, including telework-friendly design; and
(j) implement telework opportunities.
(2) Priority must be given to projects that improve the legislative process by providing individual office space for legislators, expanding or adding public hearing rooms, or increasing the availability of space for constituent meetings and outreach.
(3) Furniture, fixtures, and equipment associated with the implementation of this section may be paid from these funds.
(4) Operating, administrative, moving, and relocation costs of legislative branch functions moved or relocated in the implementation of this section may be paid from these funds. Renovation or construction costs, including relocation costs, for moving non-legislative branch functions or agencies out of the capitol must be paid from the funds in the account established in 17-7-225.
(5) The legislative branch long-range capital development plan must be updated at a minimum on a decennial basis and prior to undertaking any major capital development exceeding $5 million not included in the current legislative branch long-range capital development plan in effect.
(6) The legislature may transfer from the account established in 17-7-227 to the major repair long-range building program account or the capital developments long-range building program account for legislative branch capital projects within the capitol complex.
(7) The legislative council, with consultation of the legislative finance committee and legislative audit committee, 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 and capitol complex.
History: En. Sec. 12, Ch. 762, L. 2023.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 3. Supplemental Appropriations, Encumbrances, and Reversions › 17-7-302. Encumbrance of fiscal yearend obligations

17-7-302. Encumbrance of fiscal yearend obligations.
(1) Any valid obligation not paid within the fiscal year, including valid written interagency or intra-agency service agreements for systems development, shall be encumbered for payment thereof at the end of each fiscal year in the department of administration's accounts. Except as provided in subsection (2), an appropriation shall be deemed to be encumbered at the time and to the extent that a valid obligation against the appropriation is created.
(2) An appropriation may be encumbered by a written interagency or intra-agency agreement with the department for the alteration, repair, maintenance, or renovation of a building pursuant to the provisions of Title 18, chapter 2. If the appropriation is not encumbered by a valid obligation at the end of the next fiscal year, the appropriation reverts to the fund from which it was originally appropriated.
History: En. Sec. 3, Ch. 84, L. 1955; amd. Sec. 3, Ch. 127, L. 1961; amd. Sec. 2, Ch. 267, L. 1971; amd. Sec. 98, Ch. 326, L. 1974; R.C.M. 1947, 59-701.2; amd. Sec. 1, Ch. 544, L. 1979; amd. Sec. 1, Ch. 146, L. 1985; amd. Sec. 1, Ch. 60, L. 1987; amd. Sec. 2, Ch. 482, L. 2007.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 3. Supplemental Appropriations, Encumbrances, and Reversions › 17-7-303. Reappropriation of encumbered obligations at end of each fiscal year

17-7-303. Reappropriation of encumbered obligations at end of each fiscal year.
Purchase orders issued and accrued expenses approved by the department of administration shall be encumbered at the end of each fiscal year in the department of administration's accounts and are hereby reappropriated for the succeeding fiscal year.
History: En. Sec. 2, Ch. 84, L. 1955; amd. Sec. 1, Ch. 267, L. 1971; amd. Sec. 98, Ch. 326, L. 1974; R.C.M. 1947, 59-701.1.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 3. Supplemental Appropriations, Encumbrances, and Reversions › 17-7-305. Supplemental appropriations for legislative agencies

17-7-305. Supplemental appropriations for legislative agencies.
Deficiency appropriations, commonly referred to as a "supplemental appropriation", for a legislative branch agency must be included in a separate appropriation bill and may not be included in the bill appropriating money for the operation of the legislature, commonly referred to as the "feed bill".
History: En. Sec. 3, Ch. 618, L. 1979.
2023 Montana Code Annotated › Title 17. State Finance › Chapter 7. Budgeting and Appropriations › Part 4. Budget Amendments › 17-7-401. Repealed

17-7-401. Repealed.
Sec. 19, Ch. 787, L. 1991.
History: En. Sec. 1, Ch. 536, L. 1983; amd. Sec. 5, Ch. 224, L. 1989; amd. Sec. 15, Ch. 16, L. 1991.