Montana Code 18-2-102. Authority to construct buildings — reporting requirement
18-2-102. Authority to construct buildings — reporting requirement. (1) Except as provided in 22-3-1003 and subsection (2) of this section, construction activities costing more than $300,000 require the consent of the legislature. Legislative approval of repair and maintenance costs as part of an agency’s operating budget constitutes the legislature’s consent. When a building costing more than $300,000 is to be financed in a manner that does not require legislative appropriation of money, the consent may be in the form of a joint resolution.
Terms Used In Montana Code 18-2-102
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Joint resolution: A legislative measure which requires the approval of both chambers.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)(a) The governor may authorize the emergency repair or alteration of a building and is authorized to transfer funds and authority as necessary to accomplish the project. Transfers may not be made from the funds for an uncompleted capital project unless the project is under the supervision of the same agency.
(b)The regents of the Montana university system may authorize the construction of revenue-producing facilities referred to in 20-25-302 if they are to be financed wholly from the revenue from the facility.
(c)The regents of the Montana university system, with the consent of the governor, may authorize the construction of a building that is financed wholly with federal or private money if the construction of the building will not result in any new programs.
(d)The regents of the Montana university system may authorize the construction of facilities as provided in 20-25-309.
(e)The department of military affairs, with the consent of the governor, may authorize the construction of a building that is financed wholly with federal or private money on federal land for the use or benefit of the state.
(f)Each year by August 1, the department of administration shall report, in accordance with 5-11-210, to the long-range planning budget committee provided for in 5-12-501 on all buildings constructed without legislative approval that cost between $150,000 and $300,000 during the previous fiscal year.