Title 17, Title 17

The following is the schedule for the preparation of a state budget for submission to the legislature convening in any session that will be adopting a state budget: (1) By August 1, forms necessary for preparation of budget estimates must be distributed pursuant to 17-7-111(2). (…

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.

(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 w…

(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 mus…

(1) The budget submitted must set forth a balanced financial plan for funds subject to appropriation, as provided in 17-8-101, for each accounting entity and for the state government for each fiscal year of the ensuing biennium. The budget must consist of: (a) a consolidated budg…

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.

(1) There is an account in the state special revenue fund established by 17-2-102 known as the budget stabilization reserve fund. (2) The purpose of the budget stabilization reserve fund is to mitigate budget reductions when there is a revenue shortfall. (3) Except as provided in…

(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 budge…

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.

(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:…

(1) There is a pension portion of the Montana growth and opportunity trust established 17-1-401. (2) The account is funded by a distribution pursuant to 17-6-214, 17-7-130, and transfers made pursuant to 17-1-405. (3) Funds in the account may only be used to transfer into a state…

(1) (a) Expenditures by a state agency must be made in substantial compliance with the budget approved by the legislature. Substantial compliance may be determined by conformity to the conditions contained in the general appropriations act and to legislative intent as established…

(1) Unless prohibited by law or a condition contained in the general appropriations act, the approving authority may approve agency requests to transfer appropriations between programs within each fund type within each fiscal year. The legislature may restrict the use of funds ap…

(1) (a) As the chief budget officer of the state, the governor shall ensure that the expenditure of appropriations does not exceed available revenue. Except as provided in subsection (2), in the event of a projected general fund budget deficit, the governor, taking into account t…

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 …

(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 m…

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…

(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…

(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…

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 lo…

(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 mai…

(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 req…

(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 curre…

Appropriations in a general appropriations act for medicaid may be used only to pay for or administer medicaid services.

In this part, the following definitions apply: (1) (a) "Building" includes a: (i) building, facility, or structure constructed or purchased wholly or in part with state money; (ii) building, facility, or structure at a state institution; (iii) building, facility, or structure own…

(1) Before April 1 of the year preceding a legislative session, each state agency and institution shall submit to the architecture and engineering division of the department of administration, on forms furnished by the division, a proposed long-range building program for major re…

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 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 …

(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 …

(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 fro…

(1) If construction or acquisition 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 fundi…

(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 …

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.

(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…

(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 opera…

(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 buil…

(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 und…

(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 …

(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 …

(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 an…

(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.

(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 m…

(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.

(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 faci…

(1) An agency may make expenditures during the first fiscal year of the biennium from appropriations for the second fiscal year of the biennium if authorized by the general appropriations act. An agency that is not authorized in the general appropriations act to make first-year e…

(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 …