AN ACT APPROPRIATING MONEY TO VARIOUS STATE AGENCIES FOR THE BIENNIUM ENDING JUNE 30, 1999; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:> @K +H-->
Section 1. Short title. [This act] may be cited as "The General Appropriations Act of 1997".
Section 2. First level expenditures. The agency and program appropriation tables in the legislative fiscal analyst narrative accompanying this bill, showing first level expenditures and funding for the 1999 biennium, are adopted as legislative intent.
Section 3. Severability. If any section, subsection, sentence, clause, or phrase of [this act] is for any reason held unconstitutional, the decision does not affect the validity of the remaining portions of [this act].
Section 4. Legislative audit costs. Agencies shall reserve enough cash in each fund type to pay the costs of the legislative audit and shall, to the maximum extent allowable under federal regulations, charge audit costs to federal funds.
Section 5. Appropriation control. An appropriation item designated as "Biennial" may be spent in either year of the biennium. An appropriation item designated "Restricted" may be used during the biennium only for the purpose designated by its title and as presented to the legislature. An appropriation item designated "One Time Only" or "OTO" may not be included in the present law base for the 2001 biennium. The office of budget and program planning shall establish a separate appropriation on the statewide budgeting and accounting system for any item designated as "Biennial", "Restricted", "One Time Only", or "OTO". The office of budget and program planning shall establish at least one appropriation on the statewide budgeting and accounting system for any appropriation that appears as a separate line item in [this act].
Section 6. Program definition. As used in [this act], "program" has the same meaning as defined in 17-7-102, is consistent with the management and accountability structure established on the statewide budgeting and accounting system, and is identified as a major subdivision of an agency ordinally numbered with an arabic numeral.
Section 7. Personal services funding -- 2001 biennium. (1) Except as provided in subsection (2), present law and new proposal funding budget requests for the 2001 biennium submitted under Title 17, chapter 7, part 1, by each executive, judicial, and legislative branch agency must include funding of first level personal services separate from funding of other expenditures. The funding of first level personal services by accounting entity for each fiscal year must be shown for each control variable in the budget request for the 2001 biennium submitted by October 30 to the legislative fiscal analyst by the office of budget and program planning.
(2) The provisions of subsection (1) do not apply to the Montana university system.
Section 8. Consumer price index changes. If the federal government reformulates the consumer price index, each state agency that uses the consumer price index as an integral part of any contract, grant, benefit, rate, reimbursement, payment, or negotiation shall use the reformulated index unless otherwise prohibited by law.
Section 9. Expanding technologies to reduce travel expenditures. It is the intent of the legislature to encourage state agencies to use expanding technologies to interface with out-of-state agencies and other entities in an attempt to reduce travel expenditures by 10% each biennium. The budget director shall report semiannually in August and February to the legislative finance committee as to the efforts of the agencies to meet the intent of the legislature.
Section 10. Reduced dues. It is the intent of the legislature to encourage state agencies to reduce dues paid to professional organizations by 10% each biennium. The budget director shall report semiannually in August and February to the legislative finance committee as to the efforts of the agencies to meet the intent of the legislature.
Section 11. Totals not appropriations. The totals shown in [this act] are for informational purposes only and are not appropriations.
Section 12. Coordination instruction. If House Bill No. 169 is passed and approved in a form that classifies the pension fund type as not part of the state treasury for appropriation purposes, then the appropriations for the public employees' retirement board and the teachers' retirement board are void.
Section 13. Effective date. [This act] is effective July 1, 1997.
Section 14. Appropriations. The following money is appropriated for the respective fiscal years:
A. GENERAL GOVERNMENT AND TRANSPORTATION
LEGISLATIVE BRANCH (1104)
1. Legislative Services (20)
2,842,268 969,036 0 0 0 3,811,304 3,376,976 437,698 0 0 0 3,814,674
2. Legislative Committees and Activities (21) (Biennial)
171,285 13,306 0 0 0 184,591 171,277 13,318 0 0 0 184,595
3. Fiscal Analysis and Review (27)
850,023 0 0 0 0 850,023 878,611 0 0 0 0 878,611
a. Legislative Requests (Biennial)
5,000 0 0 0 0 5,000 0 0 0 0 0 0
b. SB 21 -- Joint Committee on Postsecondary Education Policy and Budget (Restricted/Biennial)
20,110 0 0 0 0 20,110 0 0 0 0 0 0
4. Audit and Examination (28)
1,513,017 1,239,758 0 0 0 2,752,775 1,548,692 1,196,484 0 0 0 2,745,176
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
5,401,703 2,222,100 0 0 0 7,623,803 5,975,556 1,647,500 0 0 0 7,623,056
It is the intent of the legislature that money appropriated in House Bill No. 1 for the operation of the 55th legislature and unexpended as a consequence of an early adjournment of the regular session of the 55th legislature be transferred at the discretion of the respective approving authorities to the legislative committees and activities program (21) for additional support of activities authorized under Title 5, chapter 11, parts 3 and 7, with priority to participation in the Pacific Northwest economic region.
Of the amount appropriated in section 15, legislative council, item 2, Chapter 593, Laws of 1995, any unexpended funds up to $415,000 are reappropriated to the legislative services program within the legislative services division. The funds reappropriated to the legislative services program are appropriated for the 1997 biennium for expenses associated with legislative branch information technology.
Item 1 includes a 10% reduction in equipment totaling $16,200 in fiscal year 1998 and $14,900 in fiscal year 1999. The agency may allocate this reduction among programs.
CONSUMER COUNSEL (1112)
1. Administration Program (01)
0 1,012,977 0 0 0 1,012,977 0 1,029,735 0 0 0 1,029,735
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
0 1,012,977 0 0 0 1,012,977 0 1,029,735 0 0 0 1,029,735
JUDICIARY (2110)
1. Supreme Court Operations (01)
2,526,802 993,552 0 0 0 3,520,354 2,493,147 995,676 0 0 0 3,488,823
a. Legislative Audit (Restricted/Biennial)
25,390 0 0 0 0 25,390 0 0 0 0 0 0
b. Federal Court Assessment Study (Restricted/OTO)
36,250 0 108,725 0 0 144,975 36,250 0 108,725 0 0 144,975
2. Boards and Commissions (02)
245,721 30,000 0 0 0 275,721 244,210 30,000 0 0 0 274,210
a. Judicial Standards Commission (Restricted)
25,000 0 0 0 0 25,000 25,000 0 0 0 0 25,000
3. Law Library (03)
621,547 0 0 0 0 621,547 625,767 0 0 0 0 625,767
4. District Court Operations (04)
3,265,272 0 0 0 0 3,265,272 3,264,745 0 0 0 0 3,264,745
5. Water Courts Supervision (05)
0 595,806 0 0 0 595,806 0 594,888 0 0 0 594,888
6. Clerk of Court (06)
226,759 0 0 0 0 226,759 224,398 0 0 0 0 224,398
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
6,972,741 1,619,358 108,725 0 0 8,700,824 6,913,517 1,620,564 108,725 0 0 8,642,806
If House Bill No. 170 is not passed and approved, the appropriation in item 1 is reduced by $175,012 in fiscal year 1998 and $174,981 in fiscal year 1999.
Item 1 includes a 10% reduction in equipment totaling $11,900 in fiscal year 1998 and $6,700 in fiscal year 1999. The supreme court may allocate this reduction among programs.
The law library should develop a procedure for collecting fees for electronic access services offered by the library.
The supreme court shall certify to the legislative fiscal division by July 1, 1997, that all district courts in Montana are in compliance with 45-9-208 and 45-10-108.
It is the intent of the legislature that the supreme court administrator coordinate development of the federal grant guidelines and coordinate applications for grants by the Montana judicial districts, pursuant to 42 U.S.C. 669B.
Because House Bill No. 169 requires that the state's contribution to the judges' pension trust fund for the chief water court judge be budgeted, item 5 has been increased by $25,102 in state special revenue in each fiscal year. If House Bill No. 169 is not passed and approved in a form that requires the contribution to be budgeted, then the state special revenue amounts in item 5 are reduced by $25,102 in each fiscal year. If House Bill No. 169 is passed and approved and if House Bill No. 170 is passed and approved in a form decreasing the percentage contribution to the pension of the chief water court judge to 25.81%, then the state special revenue appropriations in item 5 are reduced by $6,436 in each fiscal year.
MONTANA CHIROPRACTIC LEGAL PANEL (2115)
1. Legal Panel Operations (01)
0 14,000 0 0 0 14,000 0 14,010 0 0 0 14,010
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
0 14,000 0 0 0 14,000 0 14,010 0 0 0 14,010
GOVERNOR'S OFFICE (3101)
1. Executive Office Program (01)
1,084,541 244,966 0 0 0 1,329,507 1,083,240 247,033 0 0 0 1,330,273
a. Legislative Audit (Restricted/Biennial)
24,702 0 0 0 0 24,702 0 0 0 0 0 0
2. Mansion Maintenance Program (02)
78,170 0 0 0 0 78,170 78,099 0 0 0 0 78,099
3. Air Transportation Program (03)
126,488 16,000 0 0 0 142,488 128,286 17,000 0 0 0 145,286
4. Office of Budget and Program Planning (04)
933,974 0 0 0 0 933,974 956,218 0 0 0 0 956,218
a. Legislative Audit (Restricted/Biennial)
14,632 0 0 0 0 14,632 0 0 0 0 0 0
b. Wharton Econometric Forecasting Associates (Restricted)
22,415 0 0 0 0 22,415 22,415 0 0 0 0 22,415
c. Montana Integrated Budget System Development (Restricted)
50,000 0 0 0 0 50,000 0 0 0 0 0 0
5. Indian Affairs (05)
102,693 0 0 0 0 102,693 108,907 0 0 0 0 108,907
6. Lieutenant Governor (12)
187,607 0 0 0 0 187,607 189,443 0 0 0 0 189,443
7. Citizens' Advocate Office (16)
57,415 0 15,000 0 0 72,415 57,416 0 15,000 0 0 72,416
8. Mental Disabilities Board of Visitors (20)
159,305 16,070 0 0 0 175,375 177,064 16,069 0 0 0 193,133
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
2,841,942 277,036 15,000 0 0 3,133,978 2,801,088 280,102 15,000 0 0 3,096,190
The Montana consensus council is appropriated any additional state special revenue money, up to $66,000 in fiscal year 1998 and $66,000 in fiscal year 1999, over the amount of the state special revenue appropriation for the Montana consensus council contained in item 1. Any state special revenue funds received in excess of the appropriation contained in item 1 must cause a reversion of a like amount of general fund money.
If House Bill No. 188 is passed and approved and includes at least $500,000 for the Montana integrated budget system, the amount in item 4c may not be appropriated.
The appropriation provided for the citizens' advocate office is contingent upon funds being used to achieve program performance targets as outlined by the legislature in the general appropriations act for the 1999 biennium. The agency shall provide semiannual reports to the office of budget and program planning and the legislative fiscal division on progress toward achievement of these performance targets, with explanations for any significant variances.
The citizens' advocate office will achieve the following goal by meeting the specified performance targets:
Goal:
The goal of the citizens' advocate office is to provide accessibility to state government for Montana citizens. A toll-free number is provided to the public for this purpose.
Performance Measures:
(1) The office staff answer incoming phone calls, the volume of which is beyond the control of the office. However, by maintaining efficiency in answering the toll-free calls, the office will continue to answer at least 25,000 phone calls per year.
(2) Through increased efficiency, the citizens' advocate office staff will decrease the number of busy signals received by incoming callers, which is currently at about 35%. The performance target is to reduce the number of busy signals received to 25%.
SECRETARY OF STATE (3201)
The rates approved for the office of the secretary of state are contingent upon resultant revenue being used to achieve program targets and performance measures as outlined by the legislature in the general appropriations act for the 1999 biennium. The department shall provide semiannual reports to the office of budget and program planning and the legislative fiscal division on progress toward achievement of these targets and performance measures, with explanations of any significant variances.
The office of the secretary of state shall achieve the following goals by meeting the specified targets and performance measures:
Goals: Increase voter registration and provide open access to the election process.
Target Performance Measure
Maintain the percentage of eligible but Have 87.5% of the eligible population
nonregistered Montanans registered to vote. (The eligible population will
be measured after each presidential election. The
performance measure is subject to revision if the
legislature brings the state of Montana into
compliance with the current National Voter
Registration Act of 1993 and amends the current
purge procedure.)
Train election administrators Have representatives from 50 of the 56 counties
attend the biennial workshop
Establish a mechanism to monitor voter Have a plan set by January 1, 1998
registration duplication at the state level
Have copies of the legislation passed by the 1997 Have 70% of signed legislation available in
legislature and signed by the governor available either electronic or hard copy within 3 days of
for the public and state agencies receipt by the secretary of state
Have at least the basic information Have the information on the internet within three
(name, office, and party) from all state, days of filing
district, and legislative candidates available for
the public
Have options for increasing voter turnout, Report to the 1999 legislature
including alternatives to polling place
voting, such as vote-by-mail and vote-by-
telephone. Also make use of the opportunities
presented by the internet for increasing voter
turnout
COMMISSIONER OF POLITICAL PRACTICES (3202)
1. Administration (01)
270,856 0 0 0 0 270,856 275,405 0 0 0 0 275,405
a. Legislative Audit (Restricted/Biennial)
5,164 0 0 0 0 5,164 0 0 0 0 0 0
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
276,020 0 0 0 0 276,020 275,405 0 0 0 0 275,405
OFFICE OF THE STATE AUDITOR (3401)
1. Central Management (01)
370,347 25,876 0 0 0 396,223 359,204 27,177 0 0 0 386,381
a. Legislative Audit (Restricted/Biennial)
3,615 0 0 0 0 3,615 0 0 0 0 0 0
2. Insurance Program (03)
1,495,590 522,396 2,500 0 0 2,020,486 1,470,513 522,839 2,500 0 0 1,995,852
a. Legislative Audit (Restricted/Biennial)
15,905 0 0 0 0 15,905 0 0 0 0 0 0
b. SB 112 -- Viatical Settlements
0 10,000 0 0 0 10,000 0 10,000 0 0 0 10,000
c. SB 79 -- Montana Living Trust Act
0 42,715 0 0 0 42,715 0 47,740 0 0 0 47,740
d. HB 166 -- Actuarial Valuation (Restricted/Biennial)
6,000 0 0 0 0 6,000 0 0 0 0 0 0
e. SB 378 -- Implementation of Kennedy/Kassebaum Federal Changes
0 63,920 0 0 0 63,920 0 88,485 0 0 0 88,485
3. Securities (04)
382,272 74,977 0 0 0 457,249 390,067 77,976 0 0 0 468,043
a. Legislative Audit (Restricted/Biennial)
4,579 0 0 0 0 4,579 0 0 0 0 0 0
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
2,278,308 739,884 2,500 0 0 3,020,692 2,219,784 774,217 2,500 0 0 2,996,501
Item 2 includes a 10% reduction in equipment totaling $9,500 in fiscal year 1998 and $7,100 in fiscal year 1999. The department may allocate this reduction among programs.
Because of the elimination of the statutory appropriation for actuarial valuation of the police retirement fund by house bill no. 166, Item 2d appropriates $6,000 in general fund money in fiscal year 1998 as a restricted and biennial appropriation. If House Bill No. 166 is not passed and approved in a form that eliminates the statutory appropriation, then item 2d is eliminated.
The department is appropriated amounts up to $110,000 in fiscal year 1998 and $105,000 in fiscal year 1999 from the insurance fee account in the state special revenue fund for contract examinations.
The department is appropriated amounts up to $10,000 in fiscal year 1998 and $10,000 in fiscal year 1999 from the securities fee account in the state special revenue fund for contract examinations.
DEPARTMENT OF TRANSPORTATION (5401)
1. General Operations Program (01)
0 12,006,824 409,480 0 0 12,416,304 0 12,266,172 408,275 16,367 0 12,690,814
a. Legislative Audit (Restricted/Biennial)
0 104,574 0 0 0 104,574 0 0 0 0 0 0
b. Revenue Sharing -- Lockheed (Restricted/Biennial)
0 1,400,000 0 0 0 1,400,000 0 0 0 0 0 0
c. Highway Maps (Biennial)
0 145,510 0 0 0 145,510 0 15,510 0 0 0 15,510
2. Construction Program (02) (Biennial)
0 79,615,694 176,825,030 0 0 256,440,724 0 80,721,189 157,898,099 0 0 238,619,288
3. Maintenance Program (03) (Biennial)
0 66,293,786 0 0 0 66,293,786 0 65,769,274 0 0 0 65,769,274
a. Weed Control (Restricted/Biennial)
0 802,000 0 0 0 802,000 0 802,000 0 0 0 802,000
b. Environmental Requirements (Biennial)
0 250,000 0 0 0 250,000 0 250,000 0 0 0 250,000
c. Communications Equipment (Biennial)
0 19,435 0 0 0 19,435 0 7,437 0 0 0 7,437
4. Motor Carrier Services Division (22)
0 4,632,985 0 0 0 4,632,985 0 4,644,219 0 0 0 4,644,219
5. Aeronautics Program (40)
0 955,271 75,000 0 0 1,030,271 0 724,701 75,000 0 0 799,701
6. Transportation Planning Division (50)
250,000 1,000,935 5,433,921 0 0 6,684,856 250,000 896,454 5,009,635 0 0 6,156,089
a. McCarty Farms (Restricted/Biennial/OTO)
0 200,000 0 0 0 200,000 0 0 0 0 0 0
b. Agriculture/Transportation Consultant (Restricted/Biennial)
0 50,000 0 0 0 50,000 0 0 0 0 0 0
c. Transplan 21 (Restricted/OTO)
0 46,815 187,258 0 0 234,073 0 46,815 187,258 0 0 234,073
d. Consultant Services (Restricted/OTO)
0 88,000 352,000 0 0 440,000 0 48,000 192,000 0 0 240,000
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
250,000 167,611,830 183,282,688 0 0 351,144,518 250,000 166,191,771 163,770,267 16,367 0 330,228,405
The department may adjust appropriations in the construction and transportation planning programs between state special and federal special revenue fund types, provided the total state special revenue authority for these programs is not increased by more than 10% of the total appropriations established by the legislature for each program. All transfers between fund types must be fully explained and justified on budget documents submitted to the office of budget and program planning, and all fund transfers of more than $1 million in any 30-day period must be communicated to the legislative finance committee in a written report.
Item 2 includes a 10% reduction in equipment totaling $290,000 in fiscal year 1998 and $180,000 in fiscal year 1999. The department may allocate this reduction among programs.
It is the intent of the legislature that $1,318,000 in state special revenue funds augment the department's budgeted funding level for the secondary road system program in the 1999 biennium.
The rates approved for the state motor pool are contingent upon resultant revenue being used to achieve program performance targets as outlined by the legislature in the general appropriations act for the 1999 biennium. The department shall provide semiannual reports to the office of budget and program planning and the legislative fiscal division on progress toward achievement of these performance targets with explanations for any significant variances.
Goal 1: To provide cost-efficient and reliable vehicles to state employees conducting official business.
Objective 1: To implement a test to reduce 4-door passenger vehicle costs by 25% per mile by the end of the 1999 biennium.
Performance Measure: Test vehicles that achieved a 25% cost-per-mile reduction over the standard nontest vehicles.
Objective 2: To provide a motor pool or contracted vehicle to meet the basic transportation requirements in response to all requests made a minimum of 5 working days prior to need date.
Performance Measure: Number of requests unmet due to nonavailability of a motor pool or overflow contracted vehicle that meets the user's basic transportation needs.
Requests unmet (by class) FY 97 FY 98 FY 99
(For each of the 4 classes) (Total) (A-E) (A-E)
(A) No motor pool vehicle available that meets basic transportation needs.
(B) Specific class reserved and refusal of other class.
(C) Specific class being serviced and refusal of other class.
(D) No overflow vehicle available.
(E) Refusal for medical reasons.
Objective 3: To provide and maintain out-stationed vehicles to meet the user requirements outside the Helena area.
Performance Measures:
(1) Purchased vehicles approved by OBPP and the legislature and provided to state agencies.
Vehicle Classes FY 98 FY 99
(No. Vehicle authorized) Purchased Purchased
(2) Annual review of all out-stationed units to determine needs.
Vehicle Classes FY XX Average Usage
Vehicle usage (Within 25% of mean usage)
Goal 2: To maintain a preventive maintenance program to ensure vehicles are serviced, safe, and reliable.
Objective: To maintain the fleet in accordance with the motor pool preventive maintenance program standards.
Performance Measures:
(1) Review the motor pool fleet to ensure that 90% of the vehicles are meeting level I or II preventive maintenance schedules.
(2) Perform a serviceability and safety inspection on 90% of all motor pool vehicles annually.
Goal 3: To conduct a fleet functional analysis to determine if the fleet is appropriately sized and is meeting agency and user expectations and requirements.
Objective: To review the daily use and leasing vehicle maintenance programs to ensure that vehicles are being utilized, serviced, and maintained and that the mix and number of vehicles are within standards.
Performance Measures:
(1) Conduct annual statistical fleet sizing analysis to determine basic fleet requirements, maintain the fleet within 10% of suggested statistical size, and implement changes in class sizes to maintain an optimum mix of vehicle types.
(2) Conduct a customer satisfaction survey during each biennium.
(3) Respond to customer written vehicle complaints within 10 working days.
Maintain Complaint File
Date of complaint Date of response Days
DEPARTMENT OF REVENUE (5801)
1. Director's Office (01)
1,153,656 0 0 0 0 1,153,656 1,171,216 0 0 0 0 1,171,216
a. Legislative Audit (Restricted/Biennial)
120,750 618 850 0 0 122,218 0 0 0 0 0 0
b. Expert Witness Fees and Litigation Costs
75,000 0 0 0 0 75,000 75,000 0 0 0 0 75,000
c. Department of Labor and Industry/Department of Revenue Increased Processing Costs (Restricted/OTO)
194,600 0 486,500 0 0 681,100 71,800 0 179,500 0 0 251,300
2. Operations Division (02)
2,520,162 0 0 0 0 2,520,162 2,527,206 0 2,277 0 0 2,529,483
a. Support for Electronic Tax Filing (OTO)
34,970 0 0 0 0 34,970 44,703 0 0 0 0 44,703
b. HB 166 -- Payroll Tax Administration (Restricted)
110,849 0 0 0 0 110,849 111,186 0 0 0 0 111,186
3. Liquor Division (05)
326,500 0 0 0 0 326,500 326,476 0 0 0 0 326,476
a. SB 354 -- Restaurant Beer and Wine Licensing
0 33,868 0 0 0 33,868 0 13,124 0 0 0 13,124
4. Income Tax (06)
5,152,105 186,342 0 0 0 5,338,447 5,121,646 187,020 0 0 0 5,308,666
a. Universal Access Fund Administration
0 5,000 0 0 0 5,000 0 5,000 0 0 0 5,000
b. HB 166 -- Payroll Tax Administration (Restricted)
380,412 0 0 0 0 380,412 379,639 0 0 0 0 379,639
5. Corporation Tax (07)
1,371,370 30,565 225,826 0 0 1,627,761 1,371,582 30,591 226,821 0 0 1,628,994
6. Property Valuation Division (08)
13,720,497 40,000 0 0 0 13,760,497 13,104,141 40,000 0 0 0 13,144,141
a. Cellular Phones (Restricted)
10,980 0 0 0 0 10,980 10,980 0 0 0 0 10,980
b. Geographic Information System Equipment (OTO)
16,560 0 0 0 0 16,560 0 0 0 0 0 0
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
25,188,411 296,393 713,176 0 0 26,197,980 24,315,575 275,736 408,598 0 0 24,999,908
Because of de-earmarking of cigarette tax administration by House Bill No. 166, item 1a has been reduced by $386 in state special revenue in fiscal year 1998 and the general fund amount has been increased by the same amount. If House Bill No. 166 is not passed and approved in a form that de-earmarks the state special revenue, then the general fund amount in item 1a is reduced by $386 in fiscal year 1998 and the state special revenue amount is increased by the same amount.
Because of de-earmarking of payroll tax administration by House Bill No. 166, item 1a has been reduced by $2,215 in state special revenue in fiscal year 1998 and the general fund amount has been increased by the same amount. If House Bill No. 166 is not passed and approved in a form that de-earmarks the state special revenue, then the general fund amount in item 1a is reduced by $2,215 in fiscal year 1998 and the state special revenue amount is increased by the same amount.
Item 1c is contingent upon passage and approval of House Bill No. 561.
Because of de-earmarking of payroll tax administration by House Bill No. 166, item 1c has been reduced by $194,600 in state special revenue in fiscal year 1998 and by $71,800 in state special revenue in fiscal year 1999 and general fund amounts have been increased by the same amounts. If House Bill No. 166 is not passed and approved in a form that de-earmarks the state special revenue, then the general fund amounts in item 1c are reduced by $194,600 in fiscal year 1998 and by $71,800 in fiscal year 1999 and the state special revenue amounts are increased by the same amounts.
Because of de-earmarking of payroll tax administration by House Bill No. 166, item 2 has been reduced by $110,849 in state special revenue in fiscal year 1998 and by $111,186 in state special revenue in fiscal year 1999 and general fund amounts in item 2b have been increased by the same amounts. If House Bill No. 166 is not passed and approved in a form that de-earmarks the state special revenue, then the general fund amounts in item 2b are eliminated and the state special revenue amounts in item 2 are increased by the same amounts.
Items 2, 4, and 6 include a 10% reduction in equipment totaling $64,000 in fiscal year 1998 and $42,000 in fiscal year 1999. The department may allocate this reduction among programs.
If House Bill No. 166 is passed and approved in a form that de-earmarks the payroll tax administration, the legislature will have appropriated $688,075 in general fund money in fiscal year 1998 and $562,625 in general fund money in fiscal year 1999 to collect the payroll tax. In addition to the amounts identified for this purpose in items 2b and 4b, item 1a contains $2,215 in general fund money in fiscal year 1998 and item 1c contains $194,600 in general fund money in fiscal year 1998 and $71,800 in general fund money in fiscal year 1999 appropriated for that purpose. It is the intent of the legislature that further legislatures line item and restrict any appropriations to the department for collection of the payroll tax.
Item 3a is contingent upon passage and approval of Senate Bill No. 354.
Because of de-earmarking of cigarette tax administration by House Bill No. 166, item 4 has been reduced by $133,350 in state special revenue in fiscal year 1998 and by $133,110 in state special revenue in fiscal year 1999 and general fund amounts have been increased by the same amounts. If House Bill No. 166 is not passed and approved in a form that de-earmarks the state special revenue, then the general fund amounts in item 4 are reduced by $133,350 in fiscal year 1998 and by $133,110 in fiscal year 1999 and the state special revenue amounts are increased by the same amounts.
Because of de-earmarking of tax checkoff administration by House Bill No. 166, item 4 has been reduced by $8,400 in state special revenue in each fiscal year and general fund amounts have been increased by the same amounts. If House Bill No. 166 is not passed and approved in a form that de-earmarks the state special revenue, then the general fund amounts in item 4 are reduced by $8,400 in each fiscal year and the state special revenue amounts are increased by the same amounts.
Because of de-earmarking of 9-1-1 emergency telephone tax administration by House Bill No. 166, item 4 has been reduced by $7,716 in state special revenue in each fiscal year and general fund amounts have been increased by the same amounts. If House Bill No. 166 is not passed and approved in a form that de-earmarks the state special revenue, then the general fund amounts in item 4 are reduced by $7,716 in each fiscal year and the state special revenue amounts are increased by the same amounts.
Because of de-earmarking of payroll tax administration by House Bill No. 166, item 4 has been reduced by $380,412 in state special revenue in fiscal year 1998 and by $379,639 in state special revenue in fiscal year 1999 and general fund and state special revenue amounts in item 4c have been increased by the same amounts. If House Bill No. 166 is not passed and approved in a form that de-earmarks the state special revenue, then the general fund amounts in item 4c are eliminated and the state special revenue amounts in item 4 are increased by the same amounts.
The appropriation in item 4a for universal access fund administration is contingent on the passage and approval of Senate Bill No. 89 by the 1997 legislature.
The appropriation provided for the natural resource and corporation tax division is contingent upon funds being used to achieve program performance targets as outlined by the legislature in the general appropriations act for the 1999 biennium. The department shall provide semiannual reports to the office of budget and program planning and the legislative fiscal division on progress towards achievement of these performance targets with explanations for any significant variances.
The corporation tax division will achieve the following goals and objectives by meeting the specified performance measures:
Goal 1: To promote fair and consistent treatment of all taxpayers through uniform application of tax law.
Objective 1: Expand taxpayer surveys to include field audit, office audit, correspondence, customer service, and electronic filings by June 30, 1999.
Performance Measures:
(1) Develop quality service questionnaires by June 30, 1997.
(2) Implement the use of quality service questionnaires and compile results that will be statistically valid and will provide a basis for future changes.
Objective 2: Improve audit efficiency and create a more equitable selection process by increased use of risk assessment and apportionment data analysis.
Performance Measures:
(1) By June 30, 1998, 50% of all audits selected will be made through the improved audit selection process by using oil and natural gas purchaser information data base and statistical information for producers. Corporation tax audits will be selected through the use of apportionment data analysis available on the data base.
(2) By June 30, 1999, 80% of all audits will be selected by the use of the new selection process.
Goal 2: To make conducting business with the department as simple and pleasant as possible.
Objective 1: Perform a biennial review and make recommendations to the 1999 legislature for streamlining or simplifying, or both, natural resource and corporation tax statutes.
Performance Measures:
(1) By June 30, 1998, survey all producers to determine whether the reporting and payment of oil and natural gas production taxes by the first purchaser is the most appropriate or efficient method.
(2) By June 30, 1997, establish a working group of producers, royalty owners, county and school officials, and other interested citizens to study further consolidation and simplification of the tax rate structure for oil and natural gas production.
(3) By June 30, 1998, develop a proposal to present to the 1999 legislature that addresses the issues developed by the working group.
(4) Meet with CPAs and other interested groups throughout the biennium to discuss proposals for changes in statutes or filing requirements.
Objective 2: Timely response to taxpayer request for services.
Performance Measures:
(1) Issue 95% of all refunds of overpayments within 15 working days of receipt.
(2) Issue 95% of all requests for tax certificates within 3 days of receipt.
(3) Respond to 95% of taxpayer requests for information within 5 days of receipt.
Goal 3: To continually seek greater efficiency in agency programs, helping to ensure that resources are used wisely.
Objective 1: Increase the average number of field audits completed each year of the biennium without an increase in staff.
Performance Measures:
(1) Complete audits of 35 natural resource companies (includes oil, natural gas, coal, metals, and industrial minerals producers) each year of the biennium.
(2) Complete 35 corporation license tax audits each year of the biennium.
(3) Reduce by 25% the amount of time spent by audit staff in the corporation tax bureau on nonaudit activities for each year of the biennium.
(4) Achieve a 5% reduction in average hours spent on completing field audits during each year of the biennium.
Goal 4: To maintain and value a high-quality workforce.
Objective 1: Seek out job-specific additional training opportunities.
Objective 2: Expand customer feedback to address more than field audit performance.
Goal 5: To foster a positive relationship with government and citizen groups impacted by taxation policy.
Objective 1: Seek noncorporation, nonnatural resource-producing public input and input from impacted counties and schools prior to regulatory or statutory changes.
The appropriation of $10,980 in fiscal year 1998 and $10,980 in fiscal year 1999 for purchase of safety equipment for appraisers is restricted to the purchase of cellular phones and to other costs associated with use of cellular phones.
Liquor division proprietary funds necessary to maintain adequate inventories, pay freight charges, and transfer profit and taxes to appropriate accounts are appropriated to the department in amounts not to exceed $50,433,000 in fiscal year 1998 and $51,370,000 in fiscal year 1999.
DEPARTMENT OF ADMINISTRATION (6101)
1. Accounting and Management Support Program (03)
1,260,101 6,032 10,483 36,486 0 1,313,102 1,245,639 19,161 10,621 81,860 0 1,357,281
a. Legislative Audit (Restricted/Biennial)
34,611 0 0 0 0 34,611 0 0 0 0 0 0
2. Architecture and Engineering Program (04)
0 917,782 0 0 0 917,782 0 913,215 0 0 0 913,215
a. Federal Funds Capital Projects Match (Restricted/Biennial)
500,000 0 0 0 0 500,000 0 0 0 0 0 0
3. Procurement and Printing Division (06)
445,647 0 0 0 0 445,647 445,990 0 0 0 0 445,990
4. Information Services Division (07)
90,000 0 0 0 0 90,000 60,000 0 0 0 0 60,000
a. HB 166 -- Emergency Telecommunications Administration (Restricted)
112,636 0 0 0 0 112,636 112,636 0 0 0 0 112,636
b. Public Safety Radio (Biennial)
40,000 0 0 0 0 40,000 0 0 0 0 0 0
5. General Services Program (08)
235,320 0 0 0 58,801 294,121 244,652 0 0 0 58,801 303,453
a. Capitol Complex Major Maintenance
0 0 0 0 250,000 250,000 0 0 0 0 250,000 250,000
6. State Personnel Division (23)
1,017,459 0 0 0 0 1,017,459 993,389 0 0 0 0 993,389
a. Personal Services Contingency (Biennial)
246,554 0 0 0 4,301,803 4,548,357 2,000,000 0 0 0 4,500,000 6,500,000
7. State Tax Appeal Board (37)
377,433 0 0 0 0 377,433 377,952 0 0 0 0 377,952
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
4,359,761 923,814 10,483 36,486 4,610,604 9,941,148 5,480,258 932,376 10,621 81,860 4,808,801 11,313,916
Items 2 and 6 include a 10% reduction in equipment totaling $4,800 in fiscal year 1998 and $3,800 in fiscal year 1999. The department may allocate this reduction among programs.
The appropriation in item 2a may be used to match the federal special revenue appropriated in House Bill No. 5 for the construction of one regional correctional facility. If the appropriation is not expected to be expended by the end of the 1999 biennium, it may be reappropriated by the 1999 legislature.
If House Bill No. 14 is passed and approved, the appropriation in item 2a is void.
If House Bill No. 14 is not passed and approved, of the 1.3% of coal severance taxes allocated to the long-range building program fund in the debt service fund type, as provided in House Bill No. 5, 0.5% must be transferred to the general fund and 0.8% must be transferred to an account in the state special revenue fund for the purpose of the protection of works of art in the state capitol and for other cultural and aesthetic projects.
Because of the de-earmarking of emergency telecommunications administrative costs by House Bill No. 166, item 4a appropriates $112,636 in general fund money in each fiscal year as a restricted appropriation. If House Bill No. 166 is not passed and approved in a form that de-earmarks the administrative costs, then the general fund amounts in item 4a are reduced by $112,636 in each fiscal year and the state special revenue amounts are increased by the same amounts.
The appropriation from the capitol land grant fund of $250,000 for fiscal year 1998 and $250,000 for fiscal year 1999 for major maintenance repairs on buildings within the capitol complex is contingent upon availability of capitol land grant funds.
The rates approved for the mail and distribution program are contingent upon resultant revenue being used to achieve program performance targets as outlined by the legislature in the general appropriations act for the 1999 biennium. The department shall provide semiannual reports to the office of budget and program planning and the legislative fiscal division on progress toward achievement of these performance targets, with explanations for any significant variances.
The mail and distribution program will achieve the following goals by meeting the specified performance measures:
Goal 1: To develop a pricing structure that stabilizes the program cash flow and provides incentives for agencies to prepare automated mail.
Performance Measures:
(1) Retire all program interentity loans by the end of fiscal year 1999.
(2) Base mail processing rates on actual postage plus overhead charges that accurately reflect the processing costs.
(3) Increase the ratio of automated to nonautomated mail by 30% over the biennium through interagency coordination and agency training in mailing list management.
(4) Set deadhead mailing rates for the coming biennium to more accurately reflect agency usage and central mail handling costs.
Goal 2: To consistently achieve a high degree of customer satisfaction with the timeliness and quality of mail processing service.
Performance Measures:
(1) To increase the automation of incoming mail to improve the accuracy of delivery through interagency coordination and agency training.
(2) Achieve a 99% level of the following delivery standards based on quarterly mail test samples: incoming mail delivered same day received, deadhead mail delivered within 24 hours of receipt, and automated outgoing mail delivered to the United States postal service the same day received unless hold requested by customer.
(3) Customer satisfaction ratings from surveys done two times per year must meet acceptable service standards.
Item 6a contains biennial appropriations that the department and the office of budget and program planning may combine and spend in either year to allocate to agencies (except for Montana university system instructional faculty and the legislative branch), subject to the process described below, for personal services if the agencies did not experience normal turnover in an amount necessary to provide full funding for personal services. The amounts may be adjusted among fund types, excluding the general fund, which may not be adjusted.
It is not the intention of the executive branch or the legislature to force vacancies among judges or in direct care positions. It is recognized that the workload of the judges is ongoing. It is recognized that the nature of direct care mandates 24-hour staff coverage, 7 days a week, in order to provide statutorily mandated services. It is further recognized that vacancies in direct care programs do not translate into empty positions, but, rather, result in an increase in overtime wages until the position is filled. Accordingly, the amounts set aside for personal services contingencies for the judiciary and for direct care programs in executive branch agencies must be partially allocated to the affected agencies by the office of budget and program planning for fiscal year 1998 and fiscal year 1999 first-day processing. Likewise, the salaries of elected officials will be restored to the full amount cited on the already-approved schedule for fiscal year 1998 and fiscal year 1999 first-day processing.
Agencies making any other requests for an allocation of these contingency funds shall document the request in the manner prescribed by the budget director to show that personal services expenditures will exceed program appropriations for personal services and the reasons for the deficit. The office of budget and program planning shall provide an annual report to the legislative finance committee showing the allocations of these personal services contingency funds.
APPELLATE DEFENDER COMMISSION (6102)
1. Appellate Defender (01)
155,116 0 0 0 0 155,116 161,409 0 0 0 0 161,409
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
155,116 0 0 0 0 155,116 161,409 0 0 0 0 161,409
PUBLIC EMPLOYEES' RETIREMENT BOARD (6104)
1. Public Employees' Retirement Division (35)
0 0 0 0 0 0 0 0 0 0 0 0
a. Legislative Audit (Restricted/Biennial)
0 0 0 0 0 0 0 0 0 0 0 0
b. Asset/Liability Study (Biennial/OTO)
0 0 0 0 0 0 0 0 0 0 0 0
c. HB 170 -- Guaranteed Annual Benefit Adjustment
0 0 0 0 78,500 78,500 0 0 0 0 0 0
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
0 0 0 0 78,500 78,500 0 0 0 0 0 0
If House Bill No. 169 is not passed and approved in a form that classifies the pension fund type as not part of the state treasury for appropriation purposes, then the pension funds appropriated in item 1 are increased by $1,321,851 in fiscal year 1998 and by $1,304,799 in fiscal year 1999, the pension funds appropriated in item 1a are increased by $55,074 in fiscal year 1998 and designated as restricted and biennial, and the pension funds appropriated in item 1b are increased by $12,500 in each fiscal year and designated as biennial and one-time only.
The appropriation for the asset/liability study is a one-time only biennial appropriation.
Item 1c is contingent upon passage and approval of House Bill No. 170.
If House Bill No. 169 is passed and approved, the item appropriating $78,500 in pension trust money and the language making the appropriation contingent upon passage and approval of House Bill No. 170 are void.
TEACHERS' RETIREMENT BOARD (6105)
1. Teachers' Retirement Program (01)
0 0 0 0 0 0 0 0 0 0 0 0
a. Legislative Audit (Restricted/Biennial)
0 0 0 0 0 0 0 0 0 0 0 0
b. Asset/Liability Study (Biennial/OTO)
0 0 0 0 0 0 0 0 0 0 0 0
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
0 0 0 0 0 0 0 0 0 0 0 0
The appropriation for the asset/liability software is a one-time only biennial appropriation.
If House Bill No. 169 is not passed and approved in a form that classifies the pension fund type as not part of the state treasury for appropriation purposes, then the pension funds appropriated in item 1 are increased by $956,081 in fiscal year 1998 and by $772,361 in fiscal year 1999, the pension funds appropriated in item 1a are increased by $31,415 in fiscal year 1998 and designated as restricted and biennial, and the pension funds appropriated in item 1b are increased by $7,500 in each fiscal year and designated as biennial and one-time only.
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
TOTAL SECTION A
47,724,002 174,717,392 184,132,572 36,486 4,689,104 411,299,556 48,392,591 172,766,012 164,315,711 98,227 4,808,801 390,381,341
B. HEALTH AND HUMAN SERVICES
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES (6901)
1. Child and Family Services Division (03)
39,511,253 7,601,952 87,318,013 0 0 134,431,217 39,678,774 7,739,624 89,865,407 0 0 137,283,805
a. Permanency Planning (OTO)
16,250 0 8,750 0 0 25,000 165,465 0 89,096 0 0 254,561
b. Temporary Assistance for Needy Families Block Grant Implementation
0 0 2,787,800 0 0 2,787,800 0 0 2,537,800 0 0 2,537,800
c. Supplemental Security Income/Welfare Reform
100,000 0 0 0 0 100,000 100,000 0 0 0 0 100,000
d. Head Start Collaboration Project (OTO)
0 0 100,000 0 0 100,000 0 0 100,000 0 0 100,000
e. Enhanced Medicaid Administration Funds (Restricted/Biennial/OTO)
0 0 2,764,134 0 0 2,764,134 0 0 0 0 0 0
f. HB 343 -- Domestic Violence (OTO)
0 126,600 0 0 0 126,600 0 126,600 0 0 0 126,600
g. SB 48 -- Youth Court Act
89,197 0 24,249 0 0 113,446 94,769 0 23,692 0 0 118,461
2. Director's Office (04)
395,217 825,492 677,028 0 0 1,897,737 393,580 885,042 678,953 0 0 1,957,575
a. University of Montana Contract (Biennial)
41,400 11,500 62,100 0 0 115,000 0 0 0 0 0 0
b. Legal Staff (OTO)
22,023 6,408 32,830 0 0 61,261 22,023 6,408 32,830 0 0 61,261
3. Child Support Enforcement Division (05)
0 3,095,122 6,091,608 0 0 9,186,730 0 3,094,058 6,091,097 0 0 9,185,155
a. Omnibus Reconciliation Act Medical and Foster Care Positions (OTO)
0 44,703 86,776 0 0 131,479 0 44,703 86,776 0 0 131,479
b. Families Achieving Independence in Montana Liaison Positions (OTO)
0 68,645 137,001 0 0 205,646 0 68,624 137,022 0 0 205,646
c. Missoula District Court (Restricted/Biennial/OTO)
8,500 0 16,500 0 0 25,000 0 0 0 0 0 0
d. SB 374 -- Child Support Provisions of Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996
0 58,551 113,659 0 0 172,210 0 131,536 341,041 0 0 472,577
4. Health Policy and Services Division (07)
46,187,796 8,758,042 162,537,120 0 0 217,482,958 46,953,420 9,163,432 171,340,725 0 0 227,457,577
a. Certificate of Need (OTO)
46,123 0 0 0 0 46,123 46,123 0 0 0 0 46,123
b. Communicable Disease (Restricted/Biennial)
25,000 0 0 0 0 25,000 25,000 0 0 0 0 25,000
c. Chronic Disease Epidemiologist (OTO)
0 0 50,550 0 0 50,550 0 18,620 27,930 0 0 46,550
d. Data System Integration (Restricted/Biennial)
0 0 500,000 0 0 500,000 0 0 500,000 0 0 500,000
e. Rebate Collection Staff (OTO)
16,300 0 16,300 0 0 32,600 14,300 0 14,300 0 0 28,600
5. Quality Assurance Division (08)
1,295,416 216,935 3,028,614 0 0 4,540,965 1,291,558 216,964 3,030,636 0 0 4,539,158
6. Operations and Technology Division (09)
7,493,437 3,447,350 11,780,112 0 0 22,720,899 7,272,493 3,276,831 11,577,951 240 0 22,127,515
a. Laboratory Scientist (Restricted)
0 27,671 0 0 0 27,671 0 33,562 0 0 0 33,562
b. Legislative Audit (Restricted/Biennial)
175,046 10,744 137,830 0 0 323,620 0 0 0 0 0 0
7. Disability Services Division (10)
39,400,058 89,174 44,373,080 0 0 83,862,311 40,144,342 88,513 45,296,124 0 0 85,528,979
a. Emergency Needs (OTO)
49,762 0 117,058 0 0 166,820 47,249 0 116,354 0 0 163,603
b. Donated Dental Services (Biennial/OTO)
24,110 0 0 0 0 24,110 0 0 0 0 0 0
c. Legal Costs (Restricted/Biennial/OTO)
120,000 0 0 0 0 120,000 0 0 0 0 0 0
8. Senior and Long-Term Care Division (22)
41,573,782 2,296,428 109,569,874 0 0 153,440,083 41,682,135 2,293,249 114,758,529 0 0 158,733,913
a. Expand Home- and Community-Based Waiver
637,066 0 1,498,591 0 0 2,135,657 730,374 0 1,798,623 0 0 2,528,997
b. Aging Services Home- and Community-Based Services Waiver (Restricted)
0 0 1,850,907 0 0 1,850,907 0 0 1,850,907 0 0 1,850,907
c. Provider Rate Increase
217,903 0 323,892 0 0 541,795 448,041 0 705,316 0 0 1,153,357
9. Addictive and Mental Disorders Division (33)
44,631,387 21,777,564 39,523,518 0 0 105,932,470 45,148,278 21,925,428 41,473,389 0 0 108,547,094
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
Total
222,077,027 48,462,880 475,527,892 0 0 746,067,799 224,257,924 49,113,192 492,474,499 240 0 765,845,855
The department may add FTE instead of contracting for services if it certifies to the office of budget and program planning that FTE are more cost-effective than contracting. FTE added through this language may not be included in the 2001 biennium base budget.
The department shall prepare a unified budget for the interagency coordinating council on prevention of child abuse and neglect. The unified budget must identify services funded, expenditures by service in fiscal year 1998, and preliminary amounts budgeted for the 2001 biennium by service and fund type from the department, office of public instruction, board of crime control, and department of labor and industry. A preliminary budget must be presented to the joint oversight committee on children and families, the legislative finance committee, and the office of budget and program planning by September 1, 1998. The unified budget must be published in the governor's budget request to the 56th legislature.
The current general fund medicaid growth rate is 5.19% for fiscal year 1998 and 1.43% for fiscal year 1999. The department may not go over 5.25% for fiscal year 1998 and 3.0% for fiscal year 1999 even if it has the money within its budget to do so.
If projected medicaid expenditures exceed appropriations in [this act] in either year of the biennium, the department shall implement 53-6-101(11) to determine priorities for the funds available. In determining those priorities, it is the intent of the legislature that the department first review and consider eligibility criteria as a means of reducing expenditures. If further reductions are necessary, the department shall then consider limiting or reducing services to remain within the appropriations.
The legislature recommends that the governor, legislative committees, and related committees of the department work together with the tribal governments of the state to develop specific recommendations that will increase economic development, income, and employment, which are beneficial to both tribal and nontribal individuals. The committee on Indian affairs shall organize and direct this statewide effort in consultation with the office of state coordinator of Indian affairs and the department. These recommendations should include methods to reduce the department's and the department of correction's budgetary expenditures as a result of increased employment and income and solutions to problems. Recommendations must be presented to the next legislature.
It is the intent of the legislature that the $2 million general fund across-the-board operating expense reduction each year of the 1999 biennium not come from the child and family services division, the senior and long-term care division, or the disability services division.
The legislative audit committee shall conduct a performance review and shall report on the rates of success and recidivism for the foster care, therapeutic foster care, and juvenile aftercare programs to the 56th legislature.
Benefits for TANF are set at 40.5% of the poverty rate for each year of the biennium.
The benefit rate for TANF may be lowered from the 40.5% poverty rate to keep within any caseload growth rate in excess of the department's projections. Those projections are as follows:
Average Monthly Caseload
1997 9,467
1998 9,440
1999 9,407
At least four of the new FTEs added to the base budget of the child and family services division must be adult protective services workers. The legislature directs the department to continue to pursue the transfer of the adult protective services program to the senior and long-term care division and to report to the 1999 legislature on the progress of those efforts.
It is the intent of the legislature that the department provide the following information to the office of budget and program planning, the legislative finance committee, and the legislative joint oversight committee on children and families by November 1, 1998:
(1) the unduplicated total number of children in foster care in fiscal year 1998;
(2) the average number of placements per child in the foster care system during fiscal year 1998;
(3) the average cost per service per child in the foster care system in fiscal year 1998;
(4) the unduplicated total number of families served by the department's foster care prevention programs during fiscal year 1998 and the number of foster care placements prevented during fiscal year 1998;
(5) the unduplicated number of children in foster care in fiscal year 1998 who have been in foster care 2 years or longer; and
(6) the number of permanent homes found for children in foster care in fiscal year 1998.
The department shall expend the minimum federally required funds for the following child care activities: provider recruitment and education; grants and loans to child care providers to assist them in meeting state and local standards and in expanding and improving other child care operations; compliance monitoring for licensing and regulatory requirements; training and technical assistance; activities to improve compensation for child care providers; and comprehensive consumer education. The department may spend no more than $821,369 on these activities in fiscal year 1998 and no more than $864,347 in fiscal year 1999.
The department shall provide the following information for fiscal year 1998 to the 56th legislature: the total amount of funds expended on child care; the amount of funds spent on administrative costs for child care; the total amount of funds spent for resource and referral agencies; and the total amount of funds spent on direct child care services. The department shall also provide a breakdown of the types of clients served, separately identifying clients who were eligible for services as participants in the families achieving independence in Montana program (FAIM) or as recipients who were income-eligible and participated in the cost of child care on a sliding fee scale.
The department shall redesign the child care sliding fee scale for the working poor families. The amount of the copayment required by the sliding fee scale should not contain huge cliffs for families, either within the income categories for the scale or when the families' income increases enough so that they lose eligibility.
As FAIM families move from FAIM, with its required participation in work or work-related activities, into employment, the child care expenditure focus should move with them. There needs to be funding available to serve low-income families that are not or that are no longer FAIM participants.
The provider rate increase provided for child care should not be equally divided across all providers.
The department shall develop a new system of paying providers within the same provider groups to take into account differences in market rates, geography, and other economic concerns within the state and to provide access to state and federal child care funds for FAIM and working families. The department should implement such a new system at the same time that the department is implementing the new welfare reform and child block grant programs.
It is the intent of the legislature that a reasonable amount of funds appropriated for the state food bank network be used to purchase a truck body for use in the food bank network program. The department is directed to receive a minimum of three bids before purchasing the truck body.
Item 1 includes $438,867 in general fund money each year of the 1999 biennium and is contingent upon passage and approval of House Bill No. 104.
Item 1b is for the department to implement the federal temporary assistance for needy families (TANF) block grant as required by federal law and in such a manner as to avoid financial sanctions. It is the intent of the legislature that any unused federal TANF funds be reserved for future use.
Contingent upon passage and approval of Senate Bill No. 110, it is the intent of the legislature that the department collect child support payments from parents for foster care support within 2 months after a child has been removed from the home.
Item 1g is contingent upon passage and approval of Senate Bill No. 48.
It is the intent of the legislature that in fiscal year 1998 and fiscal year 1999, any unexpended portion of the department's funding appropriation, up to $9,751 for each year of the biennium, be used by the department for the purposes of funding the department advisory council and the Native American advisory council.
The legislature recognizes that parties who are not required to participate in the IV-D program are choosing to use program services. The legislature intends that these parties help defray the costs associated with provision of services. If the child support enforcement division (CSED) projects that state special revenue may be insufficient to fund appropriations, the CSED shall implement a plan to charge fees and recover costs from parties who receive CSED services.
The appropriation provided for the CSED is contingent upon funds being used to achieve program performance targets as outlined by the legislature in the general appropriations act for the 1999 biennium. The department shall provide semiannual reports to the office of budget and program planning and the legislative fiscal division on progress toward achievement of these performance targets, with explanations for any significant variances.
Goal 1: To establish paternity for 90% of Title IV-D cases.
Objective 1: To decrease the percentage of Title IV-D cases needing establishment of paternity by 2% each year.
Performance Measure: The number of Title IV-D cases for whom paternity is established by CSED.
FY 96 FY 97 FY 98 FY 99
Number of CSED
Established Paternity 4,335 4,000 4,000 4,000
Performance Measure: The number of Title IV-D cases for whom paternity is established through voluntary hospital paternity acknowledgment.
FY 96 FY 97 FY 98 FY 99
Number of Voluntary
Hospital Paternity
Acknowledgments 1,698 (est.) 1,700 1,700 1,700
Goal 2: To establish financial and medical support orders for 75% of Title IV-D cases.
Objective 1: To decrease the percentage of Title IV-D cases needing orders for financial support by 3% each year.
Performance Measure: The number of orders established for financial support and medical support.
FY 96 FY 97 FY 98 FY 99
Number of CSED-
Established Financial
Support Orders 2,376 2,400 2,400 2,400
Goal 3: To collect financial and medical support from both parents for 45% of Title IV-D cases.
Objective 1: To increase the percentage of Title IV-D cases with collections by 5% each year.
Performance Measure: The number of orders to withhold.
FY 96 FY 97 FY 98 FY 99
Number of CSED
Orders to Withhold 14,386 14,400 14,400 14,400
Performance Measure: The number of paying cases.
FY 96 FY 97 FY 98 FY 99
Number of Paying Cases 12,288 13,929 15,660 17,400
Performance Measure: Total dollars collected.
FY 96 FY 97 FY 98 FY 99
Total Dollars Collected $33.6M $38.4M $43.2M $48.0M
Objective 2: To increase the percentage of Title IV-D cases by 1% a year when health insurance coverage is obtained after being ordered.
Performance Measure: The number of cases for whom health insurance coverage is obtained.
FY 96 FY 97 FY 98 FY 99
Number of Cases
With Health Insurance
Coverage 2,969 2,970 2,971 2,972
Goal 4: To decrease the time for updating support orders from 1 year to 3 months.
Objective 1: To ensure that support orders are up to date.
Performance Measure: The average amount of time for updating support orders.
FY 96 FY 97 FY 98 FY 99
Average Time to
Update Support Orders 12 mo. 12 mo. 3 mo. 3 mo.
Goal 5: To make the process more efficient and responsive.
Objective 1: To increase the cost/benefit ratio of dollars collected to administrative costs.
Performance Measure: Ratio of dollars collected to expenditures.
FY 96 FY 97 FY 98 FY 99
Cost/Benefit Ratio $3.68 $4.01 $4.02 $4.03
Item 3d is contingent upon passage and approval of Senate Bill No. 374.
The legislature intends that $63,020,920 of the amount in fiscal year 1998 and $65,249,057 of the amount in fiscal year 1999 in item 4 are appropriated for hospital medicaid benefits.
If House Bill No. 538 is not passed and approved, the general fund appropriation contained in item 4 is reduced by $50,000 in fiscal year 1998 and $2,101 in fiscal year 1999 and the federal fund appropriation is reduced by $50,000 in fiscal year 1998 and increased by $13,107 in fiscal year 1999.
The health policy and services division shall ensure that in order to reduce general fund expenditures, the average 5-year pregnancy rate for Montana females 15 to 19 years of age must be reduced by 10% by the end of the 1999 biennium from the current statewide rate of 64.1 per 1,000. In addition, the department shall pursue a goal of reducing each county's teen pregnancy rate, upon which this statewide rate is based, by 10%.
It is the intent of the legislature that the implementation of the resource based relative value scale (RBRVS) physician provider rate system be phased in over the 1999 biennium. The department shall ensure that in fiscal year 1998, the reimbursement for each procedure included in the RBRVS system not decrease more than 15% or increase more than 40% compared to the reimbursement rate used in fiscal year 1997. The department shall ensure that in fiscal year 1999, the reimbursement for each procedure included in the RBRVS system not decrease more than 20% or increase more than 45% compared to the reimbursement rate used in fiscal year 1997. If the proposed minimum and maximum reimbursement parameters yield insufficient funds to implement the RBRVS system, funds must be taken first from the 1.5% provider rate increase and second from the RBRVS system policy adjuster to achieve the percentages of increase or decrease.
It is the intent of the legislature that if the department collects in excess of $6.6 million dollars in fiscal year 1998 in drug rebates and in excess of $7.1 million dollars in fiscal year 1999 in drug rebates, then these excesses are appropriated to the department for any purpose consistent with the mission of the department. The appropriation is a biennial appropriation.
It is the intent of the legislature that if the department collects in excess of $1.45 million dollars in fiscal year 1998 in third party liability payments for medicaid expenses, and in excess of $1.5 million in fiscal year 1999 third party liability payments for medicaid expenses, then these excesses are appropriated to the department for any purpose consistent with the mission of the department. The appropriation is a biennial appropriation.
It is the intent of the legislature that in fiscal year 1998 and fiscal year 1999, any unexpended portion of the department's general fund appropriation, up to $500,000 for the biennium, may be awarded by the department for the purposes of providing primary and preventive health care benefits to children who are uninsured and not eligible for medicaid benefits. To qualify, the family income may be no greater than 185% of the federal poverty level. The department may contract with public or private entities for the administration and provision of these services. These funds may be allocated only to those programs that have established a statewide network of medical providers who have agreed to accept reimbursement at a lower rate than would normally be charged for their services.
A total of $75,000 of the general fund appropriation for fiscal year 1998 and $75,000 of the general fund appropriation for fiscal year 1999 contained in item 4 for the medicaid program must be used to provide $25,000 a year for as many as three Indian reservations for the Montana initiative for the abatement of mortality in infants (MIAMI) program.
It is the intent of the legislature that the department cooperate with state agencies, organizations, retailers, consumers, and advocate groups in order to organize a coordinated redistribution program for durable medical equipment in Montana.
The department shall pay the amounts listed below for production computer processing, recovery, maintenance, and printing at the department of administration for the specific systems identified as follows unless otherwise agreed to by the departments: for TEAMS: fiscal year 1998 -- $2,038,669; fiscal year 1999 -- $1,648,661; for SEARCHS: fiscal year 1998 -- $819,045; fiscal year 1999 -- $663,493; and for CAPS: fiscal year 1998 -- $680,978; fiscal year 1999 -- $548,914.
The department is authorized to expend up to $500,000 of any unexpended portion of the department's general fund appropriation each year of the 1999 biennium and up to $500,000 of any unexpended portion of the department's federal fund appropriation each year of the 1999 biennium for the purpose of evaluating and developing electronic benefits transfer capabilities. The department shall demonstrate to the legislative finance committee cost neutrality over the first 7 years of implementation for any electronic benefits transfer system prior to expending state funds or committing state resources beyond the initial development phase of the electronic benefits transfer project.
The operations and technology division is appropriated any unexpended funds from the accounting entities numbered 03203 and 03276 after required expenditures for the ARCO lawsuit.
It is the intent of the legislature that the disability services division pursue federal funding to enhance and improve services to persons with developmental disabilities. These additional federal funds may be expended by the division for services as long as those actions do not require or commit the state to additional general fund expenditures beyond the amount appropriated during the 1999 biennium by the legislature for the developmental disabilities community.
Item 6 includes a 10% reduction in equipment totaling $120,000 in fiscal year 1998 and $76,000 in fiscal year 1999. The department may allocate this reduction among programs.
Item 7c is a restricted, biennial appropriation to be used for legal costs associated with a lawsuit to move certain individuals at the eastmont human services center and the Montana developmental center to community living/services.
Item 8c includes $80,213 in fiscal year 1998 and $161,630 in fiscal year 1999 for aging services. It is the intent of the legislature that these funds be expended only to provide additional services, not for increased administrative costs.
The department is authorized to supplement funds appropriated to rebase nursing home rates with funds appropriated for increased nursing home bed days in order to avoid inappropriate decreases in the department's current nursing home reimbursement formula and to comply with federal law, as long as total program expenditures do not exceed the appropriation for nursing homes.
The general fund share collected from the lien and estate recoveries pursuant to Title 53, chapter 6, part 1, in excess of the first $600,000 is appropriated on a one-time basis in the amount of 50% to the medicaid home and community waiver program and 50% to the medicaid nursing home program.
It is the intent of the legislature that the department shall provide semiannual reports to the office of budget and program planning and the legislative fiscal division on the status of the mental health access plan contract, including but not limited to implementation status, progress of contract expectations, results of evaluation reports, and any negotiated changes to the mental health access plan contract. The legislative finance committee shall review each report.
The appropriation provided for the Montana chemical dependency center (MCDC) is contingent upon funds being used to achieve program performance targets as outlined by the legislature in the general appropriations act for the 1999 biennium. The department shall provide semiannual reports to the office of budget and program planning and the legislative fiscal division on progress toward achievement of these performance targets, with explanations for any significant variances.
Goal 1: Through collaboration with referral sources, ensure that placement standards are met and that appropriate use of services is maintained.
Performance Measure/Target: A utilization review will be conducted on 100% of level III placement justification packets. In the case of inadequate documentation, the referring counselor must be contacted and given an opportunity to correct the deficiencies and resubmit.
FY 96 FY 97 Target FY 98 Target FY 99
(placement compliance)
65% 75% 85% 88%
Goal 2: Through collaboration with referral sources, increase the number of scheduled clients admitted for treatment.
Performance Measure/Target: During the utilization review, identify potential problems that may affect the client's ability to be present for admission and problem solve with the referring counselor.
FY 96 Base FY 97 Target FY 98 Target FY 99
(showup rate) (showup rate) (showup rate)
70% 73% 76% 78%
Goal 3: Increase client retention in treatment until treatment plan completion.
Performance Measure/Target: Monitor and review all discharges through the quality assurance process, identify factors of premature discharges, and develop corrective actions to improve outcome.
FY 96 FY 97 Target FY 98 Target FY 99
(completion rate) (completion rate) (completion rate)
63% 66% 69% 71%
Goal 4: Improve client compliance with continued care recommendations back to programs in the community.
Performance Measure/Target: Increase the number of clients that comply with discharge recommendations for continued care in the community by applying managed care principles and conducting followup to measure compliance and collect data on set outcome indicators.
FY 96 FY 97 Target FY 98 Target FY 99
(continued care
showup rate)
61% 65% 70% 72%
(this is of the 63% that
completed and participated
in the discharge/placement
process)
_____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________ _____________
TOTAL SECTION B
222,077,027 48,462,880 475,527,892 0 0 746,067,799 224,257,924 49,113,192 492,474,499 240 0 765,845,855
C. NA