HomeMy WebLinkAboutCouncil Workshop Minutes 10.21.2025 MINUTES
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, OCTOBER 21,2025
A Council Workshop was held in Council Chambers and called to order by Mayor Dave Waggoner
at 6:29 p.m. on September 2, 2025.
COUNCIL MEMBERS PRESENT:
_x_Tom Canape x_Heidi Sparks
x_ Michelle Mize _x_Jessica Banks
_x_Casey Wheeler _x_Iry Wilke
x Richard Klose x Jodi Mackay
OTHERS PRESENT:
Brittney Harakal, Administrative Assistant
Michele Braukmann, Civil Attorney (via phone)
Kurt Markegard, CAO
Public Input:
Karl Dan Koch, 320 Colorado Avenue, spoke regarding the garbage cans placed in the road on
Montana Avenue and E. 3 d Street. He noted that there is a trailer on the Street that makes getting
to one of the cans more difficult.
The Mayor stated that he will follow up with the Public Works Director. Can also look at placing
these homes in the 90s instead of the 300s. Code Enforcement can address the trailer.
General Items
Executive Review
Council Issues
1. State Forensic Mental Health Facility Discussion
CAO Markegard introduced Senator Vince Ricci and House Representative Lee Deming to
Council, both represent Laurel. He briefly reviewed the items included in the Council's packet,
see attached. Senator Ricci also handed out an analysis from Senator John Esp. This discussion
was purely informational and in response to recent rumors via news articles.
Other Items
CAO Markegard read the attached statement regarding the issue with ballots for the election.
The Spookghetti for Sierns fundraiser is this Saturday from 4 to 8 p.m. at Riverside Hall. There
will be a costume contest and raffle. Tickets will be available at the door.
The next Emergency Services Committee meeting is on Monday at 6 p.m. in Council Chambers.
Attendance at Upcoming Council Meeting
All Council Members present will be in attendance at next week's meeting.
Announcements
CAO Markegard thanked the Laurel EMS. Today, he had a family member who needed their
services, and they provided excellent care. He appreciates what they do for the community.
The council workshop adjourned at 7:51 p.m.
Respectf .ubmitted.
UV�
4ittney Flara I
Administrative Assistant
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
10/19/2025
Senator John Esp
Senator Tom McGilvray
Memo: To Yellowstone County Commissioners, Billings City Council and Mayor, other interested local
leadership in the Behavioral Health Provider Groups, and all other interested parties, including the Laurel City
Council members, and Mayor:
Re: The proposed 32 bed Forensic Facility
In our estimation, it's time to take a fresh look at the underlying problem and just why the solution is being
proposed for this geographic area. Both of us have served many years in the Montana Legislature, wrestling
with, and looking in depth into the challenges that face the State and local governments, and the provider
community in delivering services to both the civil side of behavioral health and the challenges on the forensic
side. We have served in many capacities, and on various budget subcommittees during both of our tenures in
Helena. The three committees with clear ties to this initiative are Section B, (Health and Human Services),
Section D, (Judicial Branch, Law Enforcement, and Justice), and Section F, (Long-Range Planning) are all sub-
committees we have served on over the years.
We have taken an active role in the various meetings called together by Senator Yakawich and others in the
Billings area. For a fresh perspective, we suggest we look at this facility, as filling a void in our Justice system,
because at its core, that's what it does. All of the people that will be served in this facility and ordered to be
treated in this facility are being held in a local detention facility or jail somewhere in the state. From there they
will be ordered to the forensic unit proposed here. They are facing criminal charges and disposition of those
charges by a District Court Judge and/or a jury. If they are stabilized and found to be fit for trial they will
discharged to the jail they were previously held in, to await the outcome of their case. This is no different than
any other defendant that doesn't have a mental health issue. In no case are they turned loose on the streets of
the city that happens to house the forensic unit.
The State funds services for this population. The State of Montana funds most of the services to adjudicate
those individuals that are charged with a crime that apparently have behavioral health issues. We fund all of
the District Court Expenses, The State funds all of the Public Defender costs for the indigent defendants. The
Dept. of Justice often assists counties in the prosecution of more complex cases on an as-needed basis. Dept.
of Public Health, is charged with housing and caring for those individuals if we are ordered to so by the District
Court Judge.
Counties and Cities have costs too. Counties and Cities fund detention center costs, local Law Enforcement
costs, and most of the costs of prosecuting County and City cases. Counties and in some cases, Cities, also fund
most of the behavior health care given to inmates in their detention centers. (See Appendix A and B)
Our point here is that at every level of government, this issue generates significant costs for our taxpayers. We
have an obligation to care for, and attempt to treat the justice involved individuals with significant behavior
health issues. All told, this likely costs hundreds of millions of dollars annually.
There is also a cost, of doing nothing, both in greater demand for detention center space and services and in
human misery terms. There are individuals detained in the Yellowstone County that have been waiting in that
facility for some kind of forensic intervention for months to years. That is why we feel it is important to move
this solution forward.
In taking this approach the legislature chose an option that more closely resembles a private enterprise
venture, and how private enterprise would approach building infrastructure to meet a growing market need.
We know it's a change from business as usual at a government level, but it has worked efficiently, when the
State has built other buildings by this method.
Galen has about 70 budgeted staff. Keep in mind the Galen Unit which has a capacity of 54 justice involved
individuals, currently has about 70 employees. This includes janitors, cooks, medical staff, and administration
staff. We are planning for a 32-bed, low to medium security forensic unit. Our plan is to have 8-bed pods that
can allow more flexibility in segregating individuals by gender. It will be a modern well-designed facility with
better line of sight to common areas and residential units. Although we don't have a current estimate, it seems
reasonable that the new facility should take less staff than is currently employed at Galen.
In discussing the need for a facility in Eastern Montana, a major consideration to Legislators, were the
transportation costs in time, personnel, and in fuel and wear and tear on patrol vehicles. Some jurisdictions
have a challenge transporting an individual to Warm Springs or Galen and getting their officer back home
before his or her shift is up. Of course, you as local leaders know that, because you pay that bill for every trip
your officer makes with a forensic transport or civil transport. Mental health professionals will also attest that
the hours riding in the back seat of a patrol car can be a traumatic experience for an individual as well. Locating
a behavior health unit in close proximity to Billings would certainly lessen those costs for your jurisdiction and
for those of your neighbors to the east of Billings geographically.
So why Billings?There are a lot of obvious reasons, including capacity and the available medical infrastructure
in this community. Billings is located farther east than any city in Montana, that actually has the capacity and
infrastructure for a forensic unit. Consider the other factors outlined in Appendix C and Appendix D for other
insights.
We have both been in situations where it is hard to get accurate background information that we felt we
needed to choose a reasonable path forward. We sensed frustration with some of the information discussed
last Tuesday. In that vein, we remain willing to work along with you to make this project work out well for the
citizens of Yellowstone County, and for the good of the state's population as a whole.
Senator Tom McGilvray and Senator John Esp
Appendix A: Estimated Annual Mental Health Budget: Yellowstone County+ City of Billings
Estimated Annual Key Areas Funded
YellowstoneSpending
$2.5M—$3.5M Jail mental health services, youth &family services, public health
Countyoutreach, grants to nonprofits
City of Billings $1.2M—$2.OM Crisis response teams, co-responder programs, municipal court
mental health diversion, partnerships with hospitals and
nonprofits
® Combined Estimated Total:
$3.7 million —$5.5 million per year
Notes:
Yellowstone County Detention Facility is one of the largest single recipients of mental health funding,
due to the high volume of inmates requiring psychiatric care.
The City of Billings has invested in co-responder models, where mental health professionals
accompany law enforcement on crisis calls.
• Both entities often leverage state and federal grants, which can fluctuate year to year.
Some services are contracted out to providers like RiverStone Health, Billings Clinic, and Community
Crisis Center.
Appendix B: Budget Comparison: Region 1—Montana Public Defender vs. Yellowstone County
Attorney prepared by Senator John Esp
JurisdictionCategory Montana OPD—Region 1 Yellowstone County Attorney's Office
Primarily Yellowstone County (Billings) Yellowstone County only
and surrounding areas
Annual Budget $7.5M—$8.5M (FY 2024 est.) $6.5M —$7.5M (FY 2024 est.)
Funding100%state-funded (Montana General I Primarily county-funded, with partial state
Fund) reimbursement
—35-45 attorneys +support staff —30-40 attorneys +support staff
• . • —15,000+ cases/year (criminal, juvenile, —10,000+ cases/year (criminal, civil,
dependency, mental health) juvenile, child support enforcement)
Primary • - Defense of indigent clients Prosecution and county legal services
Special Units Conflict defense, mental health, Major crimes, drug prosecution, civil
dependency & neglect litigation, child support
4k Key Insights:
• Region 1 OPD has a slightly larger budget than the Yellowstone County Attorney's Office, reflecting its
broader mandate to provide constitutionally required defense services.
Both offices handle high caseloads, but OPD's includes civil and mental health defense, which adds
complexity.
The County Attorney's Office also handles civil representation for the county, which OPD does not.
Appendix C: City Rankings: Forensic Behavioral Health & General Workforce Attractiveness
ImpactCity Forensic Behavioral General Professional Housing
WorkforceHealthcare .
1 —Strong infrastructure, 1— Balanced economy, Moderate cost,
affordable housing accessible housing good availability
2—State services, central location 3—Stable government jobs 02 Moderate cost,
stable market
Missoula3 —Academic hub, rising housing 2—Cultural appeal, tight i High cost, low
costs housing market availability
Great 4—Affordable, fewer forensic 4—Affordable, fewer high- Low cost, good
Falls roles skill jobs availability
Kalispell5—Growing, limited forensic 5—Attractive lifestyle, tight I Moderate cost,
specialization housing tightening supply
6— High cost limits workforce 6—Desirable but X Very high cost, low
attraction unaffordable availability
Key Insights
• Billings ranks highest in both categories due to its infrastructure, affordability, and workforce demand.
. Bozeman, while culturally and economically vibrant, ranks lowest due to housing affordability and
availability issues.
. Helena offers a strong balance for both forensic and general professionals, especially with its central
role in state services.
Appendix D: Ranking Montana cities by their ability to attract forensic behavioral healthcare workforce
Ranking Montana cities by their ability to attract forensic behavioral healthcare workforce requires a more
specialized lens than general healthcare. This workforce includes professionals like forensic psychologists,
psychiatrists, social workers, and counselors who work at the intersection of mental health and the legal
system.
Key factors to consider:
• Presence of forensic or correctional facilities
• Access to mental health institutions
• Partnerships with law enforcement or judicial systems
• Academic and training programs in forensic psychology or criminal justice
• Urbanization and population needs
1. Billings
Why#1: Home to Montana's largest mental health and correctional infrastructure,
including Yellowstone County Detention Facility and Billings Clinic's psychiatric services.
Draw: Strong partnerships between healthcare and legal systems; higher demand for
forensic services due to population size.
2. Missoula
• Strengths: University of Montana offers psychology and criminal justice programs;
Missoula County Detention Facility and Western Montana Mental Health Center provide
practical settings.
• Draw: Academic pipeline and progressive mental health initiatives.
3. Helena
• Strengths: State capital with proximity to Montana State Hospital (Warm Springs) and
state-level forensic evaluations.
• Draw: Government contracts and policy-related forensic work; central role in statewide
mental health policy.
4. Great Falls
V Strengths: Benefis Health System and Cascade County Detention Center; some
behavioral health services with forensic overlap.
Draw: Mid-sized city with growing behavioral health needs.
5. Bozeman
Strengths: Bozeman Health and Montana State University (psychology programs).
Draw: Less emphasis on forensic specialization, but growing interest in behavioral
health.
6. Kalispell
• Strengths: Logan Health and Flathead County Detention Center.
• Draw: Smaller forensic footprint, but potential for growth as population increases.
MONTANA BEHAVIORAL HEALTH FACILITY SITE EVALUATION
OFFICE OF THE GOVERNOR DEPARTMENT OF M O N TA N A
Budget and Program Planning PUBLIC HEALTH&
HUMAN SERVICES BOARD OF INVESTMENTS
[hct,jri xxtgec.mtgov//i [hops:/dphhs.mt.gov//] hct.
Montana's Department of Public Health and Human Services(DPHHS)and the Board of Investments(BOI)are
seeking proposals from eastern Montana communities interested in partnering on a new,state-of-the-art 32-
bed forensic mental health facility.This project represents a focused effort to expand access to high-quality
mental health services, improve patient outcomes, and strengthen eastern Montana's public health
infrastructure.
The new facility is designed for long-term Flexibility—providing immediate help for forensic populations,with
the ability to adapt its modular design to meet future civil commitment or psychiatric service needs as they
evolve.With legislative support and$26.5 million in funding secured through House Bill 5,this initiative will
add capacity to serve more Montanans, with the goal of reducing wait times and enhancing access to
restoration services throughout the state.
Stakeholder input and local engagement are priorities. DPHHS and BOI will work collaboratively with
communities to ensure informed planning and responsible site selection. For additional details, the
Department's guidance letter and analysis—outlining the project vision and needs—are available here,
SUBMIT SITE PROPOSALS HERE[HTrPS://MT.ACCESSGOV.COM/BOi/FORMS/PAGE/BOI/MONTANA-BEHAVIORAL-HEALTH-FACILITY-SITE-EVALUATION/]
1/1
MONTANA
BOARD OF INVESTMENTS
Statement of Board of Investments
Executive Director Dan Villa
August 20, 2025, Meeting
"I received a call Monday from the Executive that, in my opinion, necessitates a pause by the
Board. The Executive and Legislative branches currently hold differing interpretations of the
Board's authority under Section 17 of House Bill 5 relating to the construction of a Behavioral
Health Facility. In respect of both branches, in compliance with the Act, and to avoid acting without
clear direction, I recommend the Board suspend any further consideration and forgo further
implementation of House Bill 5 until we receive written guidance specifying services to be
provided at the facility, the general location desired for the facility, and confirmation that the facility
is to be built as an investment security held in trust for the State. The Board must avoid being
placed between coequal branches to which we owe legal and fiduciary duties.
I thank local leaders of Billings and Laurel for their candid input, especially Councilmen
Aspenlieder and Kennedy, Billings City Administrator Chris Kukulski, Laurel City Administrator
Kurt Markegard, Director Brereton and staff at DPHHS, Budget Director Osmundson and staff at
OBPP, as well as Senators Esp, Yakawich, Lenz, Ricci, and Representatives Etchart, Brewster
and Schomer. Their efforts reflect a shared commitment to expanding behavioral health service
capacity while protecting community safety and interests.
If due diligence resumes upon receipt of written guidance, no previously reviewed sites—including
those on Skyway Drive—are viable, given local feedback, infrastructure costs, local zoning
regulations, impacts on targeted economic development districts, and state land leasing
processes. If BOI is to engage further, our future work must begin with clarity on services and
siting from our partners, while still meeting our obligations to secure profits and cost savings for
Montanans."
2401 COLONIAL DRIVE, FLOOR THREE, HELENA, MT 59602
P.O. BOX 200126, HELENA, MT 59620 - 0126
406-444-0001 1 INVESTMENTMT.COM
OFFICE OF THE GOVERNOR
STATE OF MONTANA
GREG GIANFORTE -=- KRISTEN JURAS
GOVERNOR x' LT. GOVERNOR
September 10, 2025
Montana Board of Investments
PO Box 200126
Helena, MT 59620-0126
Dear Members of the Montana Board of Investments,
Thank you for the brief pause you have placed on developing and constructing the behavioral
health facility contemplated by House Bill 5, which the Legislature passed and I signed into law.
At the most recent meeting of the Board of Investments (BOI), the Board requested written
guidance from my office about how to best proceed with implementing House Bill 5 so that we
can continue addressing the behavioral health challenges across our state.
As you know, House Bill 5 provided$26.5 million to BOI to prepare and build a behavioral
health facility in Eastern Montana in coordination with the Department of Public Health and
Human Services (DPHHS) as an investment for the State. Under the law, the Legislature directed
BOI and DPHHS to prepare a plan for facility type and location subject to approval by the
Director of the Governor's Office of Budget and Program Planning.
Over the course of the last few months, this project has gained the attention of many in the
public, both because of the great need for the proposed facility and because its location impacts
their communities. In proceeding with this project, public participation should play a critical role
as it moves forward. Engaging the public and stakeholders will ensure that these decisions are
made in the open, allowing Montanans to have a voice in how their hard-earned tax dollars are
spent.
As the Board moves expeditiously to resume implementation of House Bill 5, I encourage BOI
to work closely with DPHHS during the development of the behavioral health facility plan to
specify services to be provided at the facility and ensure that the public has an opportunity to be
heard. While the building is to be constructed by BOI, it is important that DPHHS work closely
alongside the Board so that the facility meets the behavioral health needs of Montanans. To
ensure that all interested communities have the opportunity to provide feedback, I also encourage
the Board to work with DPHHS to consider additional locations beyond the previously reviewed
sites.
This project is of great importance to the State of Montana, as DPHHS must continue to build
out capacity to take care of Montanans in need of behavioral health services. I share the goals of
STATE CAPITOL • P.O. BOX 200801 • HELENA, MONTANA 59620-0801
TELEPHONE: 406-444-3111 • FAx: 406-444-5529 0 WEBSITE: WWW.MT.GOV
Board of Investments
September 10,2025
Page 2
the Legislature to complete this project quickly while also ensuring transparency, fairness, and
public involvement.
Thank you to each member of the Board for their work on this important project. Should you
have any additional questions, please do not hesitate to reach out to my office.
S incere ,
Af
lll
Greg�'riane
Governor r -
DEPARTMENT OF
GREG GIANFORTE PUBLIC HEALTH & CHARLIE BRERETON
GOVERNOR HUMAN SERVICES DIRECTOR
October 6, 2025
Dan Villa
Executive Director
Montana Board of Investments
2401 Colonial Drive, 3 d Floor
PO Box 200126
Helena, MT 59620-0126
Executive Director Villa,
I write regarding the following language from House Bill 5, passed by the 2025 Montana
Legislature and signed into law by Governor Gianforte on June 19, 2025:
Section 17. Transfer of funds --plan and reporting. (1) By June 30, 2026, the state
treasurer shall transfer$26.5 million from the capital developments long-range building
program account established in 17-7209 to the board of investments for the purposes of
building a behavioral health facility.
(2) Prior to the transfer in subsection (1) taking place, the budget director shall adopt a plan
from the board of investments and the department of public health and human services on
the facility type and location. The board of investments and the department of public health
and human services shall report to the health and human services interim budget
committee established in 5-12-501 on the progress of choosing the facility type and
location. Once a plan is adopted by the budget director, the board of investments and the
department of public health and human services shall provide a progress report at each
subsequent meeting of the health and human services interim budget committee and each
subsequent meeting of the long-range planning budget committee that are held prior to
December 31, 2026.
(3)Any unspent funds must revert to the capital developments long-range building program
account.
Pursuant to these statutory requirements,the Department of Public Health and Human Services
(DPHHS) looks forward to continuing our collaboration with the Board of Investments (BOI) to
build a much-needed behavioral health facility for Montanans. As we enter the next phase of
this critical project, I am providing you with the following guidance concerning DPHHS's
preferred location for the facility, as well as the type and purpose of the facility that we believe
should be built based on our observed demand for state psychiatric services.
Site Location
While DPHHS remains interested in site opportunities in Yellowstone County, it is important that
all Eastern Montana communities equipped with adequate infrastructure and a potential
workforce are afforded the opportunity to submit proposals for hosting our new facility. As
DIRECTOR'S OFFICE
PO BOX 4210 • HELENA,MT 59620 1 P:406.444.5622 1 F:406.444.1970 1 DPHHS.MT.GOV
PAGE 1
we've agreed, a Due Diligence Questionnaire process would help solicit input from all
communities in Eastern Montana, and the Department authorizes B01 to proceed on our behalf
with that process. In light of anticipated future demand for state psychiatric services,
communities and stakeholders should be aware that any site selected must allow for potential
expansion in future years. Working together, I am confident that both of our agencies will
facilitate robust engagement with local stakeholders when appropriate and prior to final site
selection.
Facility Type and Purpose
As demonstrated in the enclosed analysis, DPHHS seeks to construct and operationalize a 32-
bed forensic mental health facility. The facility would be designed with scalability in mind should
the agency determine a need to leverage beds for the civil population in the future. From our
perspective, it is most appropriate to "build up"to forensic facility standards and be able to
scale down as deemed necessary. As many Montanans know, DPHHS has experienced surging
demand for forensic psychiatric services over the past several years, resulting in a problematic
statewide waitlist that adversely impacts local communities. While we have taken a variety of
steps to try to address this issue operationally, our bed capacity remains severely limited, and
the agency believes that the funds granted to us by the Legislature must be prioritized for the
forensic population.
I thank you and B01 for your partnership and support of our work on behalf of the Montanans we
serve.
C
ely,s T. Brereton
Director
Enclosure: Building a Foundation for Future Generations: Montana's New Behavioral Health
Facility
DIRECTOR'S OFFICE
PO BOX 4210 • HELENA,MT 59620 1 P:406.444.5622 1 F:406.444 1970 1 DPHHS.MT.GOV
PAGE 2
BUILDING A FOUNDATION FOR
FUTURE GENERATIONS: MONTANNS
NEW BEHAVIORAL HEALTH FACILITY
Prioritizing Forensic Capacity to Resolve a Systemic Bottleneck
October 2025
MbNTAAn
PHH
BUILDING A FOUNDATION FOR FUTURE GENERATIONS: MON i ANA PUBLIC HEALTH &
rDEPARTMFNT OF
MONTANA'S NEW
HUMAN SERVICES
TABLE OF CONTENTS
EXECUTIVESUMMARY............................................................3
BACKGROUND .............................................................................................
SYSTEMSOF CARE......................................................................................4
WHY PRIORITIZE THE FORENSIC POPULATION VS. THE CIVIL
POPULATION?.........................................................................6
SYSTEMBOTTLENECK ...............................................................................6
RAPID GROWTH IN FORENSIC DEMAND AND WAITLIST..........................6
OPERATIONAL CONSTRAINTS AT THE FMHF IN GALEN ..........................9
LEGAL RISKS OF FORENSIC BED SHORTAGES ....................................... 10
ADDITIONAL RATIONALE......................................................................... 11
PROJECTED IMPACT OF THE 32-BED EXPANSION ................. 12
WHY THE INTEREST IN EASTERN MONTANA? ....................... 12
THE IMPORTANCE OFAFLEXIBLE DESIGN ............................ 13
CONCLUSION ........................................................................ 13
October 2025 2 1 P a g e
R
DEPARTMENT OF
BUILDING A FOUNDATION FOR FUTURE GENERATIONS: MON TA14A PUBLIC HEALTH &
• BEHAVIORAL
EXECUTIVE SUMMARY
Montana's behavioral health system is facing an ongoing and critical challenge: a
growing forensic psychiatric population is overwhelming the state's limited capacity,
resulting in delayed treatment and adjudication, as well as admission waitlists that
adversely impact local detention facilities. In response to this issue,the Montana
Department of Public Health and Human Services (DPHHS) seeks to prioritize the
construction of a 32-bed forensic psychiatric facility in Eastern Montana. This
expansion will address urgent legal, clinical, and operational needs while improving
geographic equity and system efficiency. Importantly, the facility will be strategically
designed to allow DPHHS to convert wings or pods for civil commitment use if demand
shifts in the future.
BACKGROUND
DPHHS is responsible for providing inpatient psychiatric care to individuals who require
involuntary treatment due to severe mental illness. These individuals fall into two
primary categories: forensic and civil patients.
• Forensic patients are individuals who are involved in the criminal justice system.
They may be:
o Awaiting trial but in need of a mental health evaluation to determine if they
are competent to stand trial.
o Found Unfit to Proceed (UTP) and in need of inpatient restoration services.
o Sentenced under Montana Code Annotated (MCA) 46-14-312, which
mandates DPHHS to provide treatment for individuals found Guilty but
Mentally III (GBMI) or Not Guilty by Reason of Mental Illness (NGMI).
• Civil patients are individuals who, due to a mental illness, pose a danger to
themselves or others, and/or are unable to care for their basic needs. These
individuals are typically admitted through civil commitment proceedings.
To meet the needs of both populations,the Gianforte administration has secured funding
for renovations and expansions at Montana State Hospital (MSH), MSH Grasslands, and
the Montana Mental Health Nursing Care Center (MMHNCC), which will increase total
state psychiatric bed capacity to 307 beds, with a potential net increase of 40 beds.
In addition to funding provided to MSH during the 2025 Legislative Session,the
Gianforte administration secured funding to reopen the D wing at MMHNCC. Reopening
the D wing will add 24 civil beds to serve the geriatric psychiatric population, including
some patients previously served on the Spratt Unit.
October 2025 3 1 P a g e
DFPARTMENT OF
BUILDING A FOUNDATION FOR FUTURE GENERATIONS: •NrANA PUBLIC HEALTH &
1 '
MONTANXS NEW BEHAVIORAL
This ultimately maintains the existing number of civil beds in the civil care continuum.
• - Current Proposed Difference
Alpha Civil 31 41 10
Bravo Civil 26 34 8
Echo Civil 25 23 -2
Grasslands Civil 0 20 20
Spratt Civil 60 0 -60
MMHNCC-D-Wing Civil 0 24 24
IL TOTAL 142 142
Delta Forensic 31 41 10
Galen Forensic 54 54 0
Group Homes Forensic 40 40 0
Former Spratt Forensic 0 30 30
TOTA
SYSTEMS OF CARE
Forensic
At MSH, individuals involved in the criminal justice system may be admitted for forensic
psychiatric evaluation or treatment. The typical process for a forensic patient includes
the following steps:
1. Fitness Evaluation/Court-Ordered Evaluation (COE)
A court may order a mental health evaluation, frequently referred to as a COE,to
determine whether a defendant is fit to proceed to trial. This is an initial "fitness"
evaluation and is restricted to a diagnosis of the mental condition of the
defendant, including opinions as to: a) whether the defendant suffers from a
mental disorder and may require commitment or is seriously developmentally
disabled, and b) if the defendant suffers from a mental disease or disorder or
developmental disability, whether the defendant has the capacity to: i)
understand the proceedings against the defendant, and ii) assist in the
defendant's own defense.
• This evaluation can be conducted in the community through an
investment made possible by the Behavioral Health System for Future
Generations (BHSFG) Commission or may require inpatient admission
to the Forensic Mental Health Facility (FMHF) in Galen.
• If the individual is found competent,they are returned to the county of
origin to proceed with trial.
October 2025 4 1 P a g e
DFPARTMFNT OF
BUILDING A FOUNDATION FOR GENERATIONS:
MONTANXS NEW BEHAVIORAL
CDP
2. Unfit to Proceed (UTP)
If the initial fitness evaluation (COE) determines the individual is not fit to
proceed to trial, they must be ordered to be admitted to the FMHF in Galen for
inpatient restoration treatment.
• These individuals do not go to the Delta Unit at this stage.
3. Non-Restorable Cases
If the individual cannot be restored to fitness due to a persistent mental illness,
their criminal case may be dismissed.
• They may then be ordered to be civilly involuntarily committed for ongoing
treatment.
4. Pre-Sentence Evaluation (PSE)
In some cases, a PSE is ordered to determine whether the individual met the legal
criteria for GBMI at the time of the offense as part of a sentencing proceeding.
5. Sentenced Forensic Patients (GBMI)
Individuals found "Guilty but Mentally III" are initially admitted to the FMHF
in Galen and placed on a waitlist for transfer to the Delta Unit, which houses
sentenced forensic patients.
• These patients progress through a Level 1-10 privilege system at MSH.
• Those reaching Level 6 or higher may be eligible for placement in on-
campus group homes or, in the future, the converted Spratt Unit.
Civil
MSH also serves individuals who are civilly involuntarily committed.These are individuals
who, due to a mental illness, are considered a danger to themselves or others, and/or are
unable to meet their basic needs.
The typical process for a civil patient at MSH or MSH Grasslands is as follows:
1. Admission through Civil Commitment
A court orders the individual to receive inpatient psychiatric care based on
clinical evidence of risk and/or inability to care for themselves.
2. Evaluation and Stabilization
Upon arrival,the patient is admitted to the admissions wing (Echo) at MSH,
where they undergo evaluation and receive initial stabilization treatment.
3. Discharge or Continued Treatment
• If the patient stabilizes quickly,they may be discharged and returned to
their home or community with appropriate supports.
October 2025 5 1 P a g e
DEPARTMENT OF
BUILDING • DA • FOR FUTURE GENERATIONS:
MONTANXS NEW BEHAVIORAL
• If further care is needed, the patient is transferred to a treatment wing
(Alpha or Bravo) for continued therapy and rehabilitation, with the goal of
eventual discharge.
Note: This is a simplified overview intended to illustrate the general continuum of care.
Individual treatment plans and legal processes may vary based on clinical needs and
statutory requirements.
WHY PRIORITIZE THE FORENSIC POPULATION VS.
THE CIVIL POPULATION?
SYSTEM BOTTLENECK
The FMHF in Galen is currently the only facility in the state equipped to restore
individuals who a court has determined are UTP. It also serves as the admission point
for defendants sentenced as GBMI, and those committed to the custody of the director
of DPHHS to be placed in an appropriate mental health facility for custody, care, and
treatment after the court has determined they present a danger to themself or others.
This set of defendants, as distinguished from GBMI defendants, is referred to as NGMI
patients.
Since 2022, the FMHF in Galen has consistently maintained a waitlist of over 70
patients, creating a significant bottleneck that affects:
County court proceedings
• Jail populations
Local mental health systems
This backlog delays access to treatment, strains public safety systems, and increases
the state's legal risk.
RAPID GROWTH IN FORENSIC DEMAND AND WAITLIST
Forensic court orders have surged 77% since FY 2022, with GBMI orders increasing
650%. In contrast, civil admissions have remained relatively stable, aided by the MSH
Grasslands facility and other community-based supports. The forensic system, however,
has no such relief valve, making the sought expansion urgent.
As noted above, Montana has experienced a sharp increase in forensic court
orders over the past four years, which has consequently increased DPHHS's forensic
waitlist. As the state's population grows,the number of individuals requiring forensic
evaluation and treatment is expected to rise proportionally in accordance with national
trends.
October 2025 6 1 P a g e
DEPARTMENT OF
BUILDING A FOUNDATION FOR GENERATIONS: •
BEHAVIORALMONTANA'S NEW HEALTH
200
Forensic Population
150
100
50
0
FY2022 FY2023 FY2024 FY2025
Court Orders �,4dmissions Waitlist
*Plea:�z note in FY25 admi-inn izi.r-i zd I;-Csu>e or r�no atrnn,
The following table reflects the court orders, by type, issued in each fiscal year.
% AAGR
Change
TYPE FY 2022 FY 2023 FY 2024 FY 2025 FY 2022
to FY FY 2022-
2025 FY 2025
WhWNL
COE 55 93 81 67 21.80% 13.00%
UTP 23 42 52 43 86.90% 29.70%
PSE 6 7 13 20 333% 52.10%
GBMI 4 7 39 1 26 650% 1 166%
NGMI 0 0 01 0 N/A I N/A
TOTAL 88 • 0. •0.
Note: Not all COE orders result in admission to the FMHF in Galen. Some evaluations are
being completed in the community through the aforementioned BHSFG initiative launched
in 2024.
Forensic Waitlist Growth and Contributing Factors
The forensic waitlist for the FMHF in Galen has grown significantly in recent years;
however,this growth is not a straightforward function of court orders minus
admissions. The waitlist is shaped by a variety of operational and legal factors,
including court orders from multiple fiscal years.
Why Waitlist Numbers Are Complex
Several factors contribute to the growing waitlist:
October 2025 7 1 P a g e
DEPARTMENT OF
BUILDING • •A • FOR • m6NIA'N4A PUBLIC HEALTH &
• •NA'S NEW BEHAVIORAL HEALTH
• Community-Based Evaluations: Some COEs and PSEs are completed by DPHHS-
approved providers in the community, without requiring admission to the FMHF in
Galen.
• Dismissed Cases: A defendant's case may be dismissed by a court due to a
determination that a defendant cannot be made fit within the reasonably
foreseeable future and that alternatives to forensic commitment are
inappropriate, due to speedy trial violations, or due to other Constitutional
considerations. This may remove the defendant from the system before
admission, which is an outcome that DPHHS seeks to avoid through expanding
forensic bed capacity.
• Non-Court-Ordered/Emergency Admissions: Some admissions are for patients
who are held up to 72 hours in connection with an "emergency detention" An
emergency detention is coordinated with a county attorney,the state hospital,
and other mental health facilities for individuals who are experiencing acute
crises, have rapidly decompensated, or require higher security, even if they are
not tied to a court order.
The following table reflects the waitlist at the end of the fiscal year and the fiscal year in
which the court order was initially issued.
Year the Court Order was Issued
JFnaithistY FY FY FY FY21 2022 2023 2024 2025
2022 40 4 36
2023 70 4 66
2024 1 91 1 5 85
2025 128* 1 26 101
*Note: FY 2025 totals were impacted by renovations and pod reconfigurations that
temporarily reduced forensic admissions capacity.
The waitlist is not just a backlog. It is a dynamic, multi-year accumulation of unmet
forensic service needs. This underscores the importance of expanding capacity and
building flexible infrastructure that can absorb fluctuations in demand and operational
disruptions.
Conversely, DPHHS has not observed a corresponding rapid increase in the waitlist for
the civil population. When operating at full capacity, MSH typically admits around 650
civil patients per year. While admissions declined in FY 2025 due to limited bed space
associated with renovations required for CMS certification, by the end of FY 2025, only
five individuals were on the civil waitlist, and they were ultimately cleared for admission.
October 2025 8 1 P a g e
DEPARTMENT O
BUILDING A FOUNDATION FOR FUTURE GENERATIONS: PUBLIC HEALTH &
BEHAVIORALMONTANA'S NEW
While infrastructure upgrades have temporarily impacted civil admissions,the system
is functioning effectively and has adapted through initiatives such as opening MSH
Grasslands. This reinforces the need to prioritize forensic expansion, where the
misalignment between demand and capacity is more acute.
OPERATIONAL CONSTRAINTS AT THE FMHF IN GALEN
Renovations, pod closures, and gender-based housing needs have further reduced
forensic capacity. internal transfers (e.g., from Delta Unit to Galen) consume bed space
without reducing the waitlist, furthering the need for dedicated additional capacity.
The following table reflects the number of admissions and the fiscal year in which the
known court order was issued.
Year the Court Order was Issued
FY Number of
dmissions Unknown FY FY FY FY FY
2021 2022 2023 2024 2025
2022 119 76 4 39
2023 109 26 14 69
2024 103 1 43 59
2025 66* 47 19
Admissions Are Not Always Court-Driven
• Annual admissions include individuals with court orders from multiple fiscal
years, not just the current one.
• Some admissions are not tied to new court orders. For example, patients from
the Delta Unit may be temporarily transferred back to Galen if they
decompensate and require a higher-security setting.
Gender-Based Pod Reconfiguration
The growth of Montana's forensic population is further complicated by the need
to separate male and female patients, which is a requirement driven by both safety and
clinical standards. Over the last five years, roughly 20% of forensic orders have been for
female patients.
• The FMHF in Galen consists of two large pods and one small pod.
• This layout limits flexibility in managing gender-specific housing needs,
especially when demand fluctuates.
October 2025 9 1 P a g e
BUILDING A FOUNDATION FOR FUTURE GENERATIONS: MONTANA� PUBLIC HEALTH &
MONTANA!S NEW BEHAVIORAL
To address a growing female waitlist, over the past four years, one pod has been
converted from male to female housing twice. To safely complete the transition, overall
male capacity is temporarily reduced, and new male admissions are paused, worsening
one component of the statewide forensic waitlist.
LEGAL RISKS OF FORENSIC BED SHORTAGES
A shortage of forensic psychiatric beds poses serious legal and constitutional risks for
the State of Montana and its counties. These risks stem from the inability to provide
timely mental health treatment to individuals who are legally entitled to it.
Due Process Violations
• Defendants found incompetent to stand trial must receive treatment to restore
their competency.
• Delays in admission can result in individuals spending more time in jail than they
would have if convicted, violating their constitutional right to due process.
• Prolonged incarceration without treatment can lead to worsening mental
health and increased suicide risk, potentially protracting treatment at the FMHF
in Galen upon admission and worsening the existing bottleneck.
Risk of Federal Intervention and Litigation
• Other states, such as Washington, have faced class-action lawsuits and federal
court oversight due to delays in forensic mental health services.
• Courts have required states to:
o Expand forensic capacity
o Improve access to treatment
o Pay damages for constitutional violations
Montana's Current Exposure
While Montana has not yet faced federal intervention, Department leadership believes
the risk is growing. The number of court orders dismissed due to speedy trial violations
— a direct result of forensic bed shortages — demonstrates this legal vulnerability. In FY
2024 and 2025, the number of court orders dismissed totaled 12.
Why This Matters
• Forensic patients are often held in jails while awaiting admission, where they may
not receive adequate psychiatric care.
Delays in restoration can lead to constitutional violations, including speedy trial
and due process concerns.
Civil patients, while also in need, have more diversified treatment pathways (e.g.,
Grasslands, community-based services), whereas forensic patients rely most
exclusively on the FMHF in Galen.
October 2025 10 1 P a g e
DFPARTMENT OF
BUILDING A FOUNDATION FOR FUTURE GENERATIONS:
PHH
MONTANNS NEW BEHAVIORAL
• Each dismissal represents a missed opportunity for treatment, a potential public
safety concern, and a legal liability for the state.
ADDITIONAL RATIONALE
National and Regional Benchmarking
By early 2026, MSH is projected to operate with:
• 142 civil beds (including 24 at MMHNCC) - 13.10 civil beds per 100,000
residents
125 forensic beds (including those for sentenced patients) - 11.53 beds per
100,000 residents
• Total: 24.63 state psychiatric beds per 100,000 residents
National benchmarks recommend 20-40 state psychiatric beds per 100,000
population (TAC, KFF). Montana's current capacity places it at the lower end of the
national benchmark for total civil and forensic beds. The Department's desired changes
to system bed capacity, as described above, will ultimately increase state psychiatric
beds to 339 in total, bringing Montana's per 100,000 rate to a midpoint of 31.27.
Note: Increase in capacity is a combination of changes referenced in the chart on page 4
and the proposed new forensic facility.
National Trends in Forensic Psychiatric Populations
Across the United States, states are experiencing a sustained surge in forensic
psychiatric demand, particularly related to competency to stand trial evaluations and
restorations.
Growth in Competency Cases
• From 1999 to 2014,there was a 76% increase in forensic patients in state
hospitals.
• From 2017 to 2024,the number of individuals found incompetent to stand
trial rose by 23%.
• National forensic waitlists have ballooned — from 883 in 2019 to
approximately 2,400 by 2024 — leading to overcrowding in jails and emergency
departments.
Other State Responses: Expanding Forensic Capacity
According to a July 2025 report by NRI, Inc., 11 states added over 1,300 forensic
beds between 2022 and 2024, and an additional 317 beds were added in 2025 alone.
October 2025 11 1 P a g e
DEPARTMFNT OF
BUILDING A FOUNDATION FOR • PUBLIC HEALTH &
MONTANA'S NEW BEHAVIORAL HEALTH FACILITY HUMAN SERVICES
• Mississippi: Built an 83-bed maximum-security forensic unit, doubling capacity to
123 beds.
• Kansas: Constructed two new state psychiatric hospitals following a legal
settlement.
• Pennsylvania: Built a 270-bed forensic facility at Norristown State Hospital.
• New York: Added 125 beds in four months, with 325 total added under the
current governor's administration.
PROJECTED IMPACT OF THE 32-BED EXPANSION
• DPHHS projects that adding 32 forensic beds would increase annual capacity to
serve approximately 170 patients.
• This represents a 60% increase in the availability of care, significantly reducing
wait times and improving access to timely evaluation and restoration services.
• Montana's forensic system is under-resourced relative to national benchmarks
and uniquely strained by legal sentencing practices.
• Expanding forensic capacity is a strategic, data-driven response to both current
deficiencies and future needs.
WHY THE INTEREST IN EASTERN MONTANA?
Geographic Balance and Access
Because Eastern and Central Montana currently lack essential forensic infrastructure,
counties are forced to transport patients long distances to the FMHF in Galen, which
delays care and increases costs. Establishing a new facility in Eastern Montana would
improve geographic balance.
Strategic Advantages
The proposed 32-bed forensic facility is being considered for Eastern Montana, a region
with limited access to forensic psychiatric services and one that provides a growing
share of the state's forensic admissions. This location is expected to:
• Improve geographic access for law enforcement, court systems, defendants, and
families in Eastern and Central Montana.
• Reduce transportation burdens for counties that currently face long distances
when transporting defendants to the FMHF in Galen.
• Support regional equity by expanding behavioral health infrastructure beyond the
western corridor.
October 2025 12 1 P a g e
OPIA
• •BUILDING A FOUNDATION FOR FUTURE GENERATIONS:
MONTANXS NEW BEHAVIORAL
THE IMPORTANCE OF A FLEXIBLE DESIGN
The facility will be designed for medium-to low-security forensic care, which allows
for conversion to civil use if future demand shifts and DPHHS determines a need to
repurpose pods/units. Designing the new forensic facility with scalability and
adaptability in mind offers significant long-term cost savings.
A modular layout and medium-to low-security infrastructure will allow the facility to
be scaled up or down based on changing demand, whether that means expanding
forensic capacity, converting pods/units for civil use, or adjusting gender-specific
housing.
This flexibility reduces the need for costly new construction or major retrofits in the
future. By investing in a facility that can evolve with Montana's behavioral health
landscape,the state can maximize the return on capital investment, avoid duplication of
infrastructure, and ensure that taxpayer dollars are used efficiently and effectively over
time.
With the new facility, DPHHS will be better positioned to provide state psychiatric
services regardless of what type of capacity (forensic or civil) is most strained in future
years.
CONCLUSION
Montana's forensic psychiatric system is under significant and growing strain. Without
immediate investment in expanded capacity, the state faces serious and far-reaching
consequences not only for individuals with mental illness, but also for the legal system,
public safety, and public finances.
County jails are increasingly housing individuals who require psychiatric care, not
incarceration. These facilities are not equipped to provide appropriate treatment,
leading to worsening symptoms, increased risk of self-harm, and potential violations of
constitutional rights. Concurrently,the lack of available forensic beds has forced courts
to dismiss charges or release individuals without treatment, contributing to a cycle of
relapse, homelessness, and recidivism. These consequences often adversely impact
the civil mental health system, which is not designed to manage forensic-level acuity.
The proposed 32-bed forensic facility in Eastern Montana offers a strategic, flexible, and
future-ready solution. It will:
Relieve pressure on local governments and jails, as well as reduce legal exposure
Improve access to timely, appropriate treatment
Expand geographic equity in behavioral health services
October 2025 13 1 P a g e
DFPARTMENT OF
• � � • • • • •
1 N T 3JA(WA PUBLIC HEALTH &
•NTANA'S NEW BEHAVIORAL D.
HH HUMAN SERVICES
• Increase forensic evaluation capacity by 6O%
Boost annual forensic care delivery from 106 to 170 patients (estimated)
Provide long-term adaptability for DPHHS to shift between forensic and civil use
as needed
By designing the facility with scalability in mind, Montana can avoid costly retrofits or
duplicative construction in the future. This investment not only addresses today's most
pressing behavioral health challenge, but it also builds a more resilient, efficient, and
balanced system for the future.
Inaction carries a high cost. DPHHS's desired expansion of forensic beds is a fiscally
responsible, legally sound, and clinically necessary way to continue building a stronger
statewide behavioral health system for future generations.
October 2025 14 1 P a g e
`� _riir: yh
;.. PO BOX 201706
Helena,MT 59620-1706
Montana Legislative islative Services Division (406)444-30
64 FAX(406)444-303636
1r Nr_ Y
. � Legal Services Office
To: Speaker Ler
From: Julie Johnson, Staff Attorney
Re: Securities Classification of the Construction of a Behavioral Health Unit Pursuant to
Section 17 of House Bill 5 from the 2025 Legislative Session
Date: October 1, 2025
L Introduction and Issue
At the September meeting of the Legislative Finance Committee, legal staff was asked to work
with Chair Kassmier to request an Attorney General Opinion on the following question of law:
Whether the behavioral health unit that the Legislature directed the Board of Investments
to have constructed in House Bill 5 is a security under state and federal securities laws?
This memo provides basic research and points of law bearing upon the request. The memo also
reaches a preliminary conclusion that the building would most likely constitute a security.
II. Factual Background
Article VIII, section 13, of the Montana Constitution mandates the creation of a"unified
investment program for public funds." This unified investment program is overseen and
managed by the Board of Investments. The total market value of the Montana Board of
Investments' Unified Investment Program as of June 30, 2024, was $29.6 billion.
Part of the board's investment portfolio includes real estate and buildings. The Board of
Investments owns several buildings that it rents to state agencies or third parties as a part of its
real estate investment portfolio. This includes the workforce housing apartments that the Board
of Investments had built pursuant to House Bill 819 from the 2023 legislative session. These
assets are included in common investment pools and are commingled with other participants'
assets. These asset pools are managed by the staff at the Board of Investments with no individual
participant control.
During the 2025 session, the Legislature passed House Bill 5, which provided for the
construction of a behavioral health facility. See section 17 of HB 5. Specifically, the Legislature
directed the transfer of$26.5 million from the capital developments long-range building program
account to the Board of Investments "for the purposes of building a behavioral health facility."'
According to section 17(2) of HB 5, prior to the transfer of funds to the Board of Investments,
the budget director"shall adopt a plan from the board of investments and the department of
public health and human services on the facility type and location."
At its September 18, 2025, meeting, the Legislative Finance Committee discussed the
1 Rent for the behavioral health facility may be eligible for federal reimbursement.
construction of the behavioral health facility and the committee members' understanding that the
building constitutes a security under Montana law. Members want to make certain this
understanding is correct. Therefore, given the importance of the facility's timely construction
and the legislative directive to the Board of Investments to construct this facility instead of the
Department of Administration Office of Architecture and Engineering, the Legislative Finance
Committee has requested an Attorney General opinion on this question of law.
III. Applicable Law
A. Federal Law
In S.E.C. v. W.J. Howey Co., 328 U.S. 293, 66 S.Ct. 1100, 90 L.Ed. (1946), the United States
Supreme Court set out what is now commonly referred to as the Howey test to determine
whether an investment contract exists. The Supreme Court stated that the test to determine
whether an investment contract exists "is whether the scheme involves an investment of money
in a common enterprise with profits to come solely from the efforts of others." Howey, 328 U.S.
at 301.
The Ninth Circuit Court of Appeals distilled the Howey definition into a three-part test, which
requires the following:
(1) an investment of money
(2) in a common enterprise
(3)with an expectation of profits produced by the efforts of others.
Warfield v. Alaniz, 569 F.3d 1015, 1020 (9th Cir. 2009). The Montana Supreme Court has also
noted that"[t]he leading case for determining the existence of an investment contract security is
S.E.C. v. W.J. Howe" and has similarly reiterated that the "established three criteria to the
determination of an investment contract security" under Howeyis: "an investment, a common
enterprise, and the expectation of profits solely from the efforts of others." State v. Duncan, 181
Mont. 382, 390-91, 593 P.2d 1026, 1031-32 (1979) (Emphasis in original).
B. State Law
As discussed above, the three-part Howey test determines whether an investment contract exists.
Under Montana law, an investment contract is a security pursuant to § 30-10-103(24)(xiii),
MCA.
C. Law Governing the Board of Investments
The Board of Investments is charged with the creation of a"unified investment program for
public funds" under Article VIII, section 13, of the Montana Constitution. §17-6-201, MCA,
-2-
provides that the Board of Investments must administer public funds "in accordance with the
prudent expert principle,"which requires the board to:
(a) discharge the duties with the care, skill, prudence, and diligence, under the
circumstances then prevailing, that a prudent person acting in a like capacity with the
same resources and familiar with like matters exercises in the conduct of an enterprise of
a like character with like aims;
(b) diversify the holdings of each fund within the unified investment program to
minimize the risk of loss and to maximize the rate of return unless, under the
circumstances, it is clearly prudent not to do so; and
(c) discharge the duties solely in the interest of and for the benefit of the funds forming
the unified investment program.
§17-6-201(1), MCA (Emphasis added). The Board of Investments is charged with maximizing
the rate of return on investments for the benefit of funds within the unified investment program.
The board is also granted the power to execute conveyance deeds for real property and to direct
the sale of securities. §17-6-201(6), MCA.
IV. Analysis
Because a security is defined as an investment contract under Montana law, the three-part
Howey test applies.
1. Is there an investment of money? Yes, 26.5 million is to be invested in the
construction of a behavioral health unit pursuant to section 17 of HB 5 (2025).
2. Is there a common enterprise? Most likely, yes. HB 5 does not explicitly provide
that the building will be included in a common investment pool managed by the
Board of Investments. However, it is reasonable to infer that the Legislature, by
directing the board, instead of the Department of Administration Office of
Architecture and Engineering, to construct the building, intended to have the
building be included in the "unified investment program for public funds."
3. Is there an expectation of profits produced by the efforts of others? Most likely,
yes. The Board of Investments charges rent to state agencies and third parties on
buildings in its real estate portfolio. HB 5 does not explicitly provide that the
board will charge rent on the new behavioral health facility. However, given the
board's duty under §17-6-201, MCA, to maximize its rate of return and produce
profits for its investors, it is reasonable to infer that the Legislature intended the
board to charge whoever occupies the behavioral health facility a rent that yields a
rate of return. It is possible that the building rent would be partially reimbursed
with federal funds, which depends on the purpose of the facility. If the building
rent is reimbursed with federal funds, it is not clear how the Board of Investments
can maximize profits while adhering to strict policies for federal reimbursement.
- 3-
V. Preliminary Conclusion
The three-part Howey test indicates that the behavioral health facility would most likely be
considered a security under state and federal law. This conclusion is bolstered by the fact that
the workforce housing project constructed by the Board of Investments pursuant to House Bill
219 in the 2023 session is included in the board's real estate portfolio that is in a common
investment pool. Lastly, had the Legislature not intended the facility to be considered a security,
it would have instead directed the Department of Administration Office of Architecture and
Engineering to construct the facility, and not the Board of Investments.
-4-
r 00 LO
r r N
T
U)
(Y) 'J r
r r N ('7
0
� N N
-0 U .=
•L N C 76 C
L.L L-0 I
Q En
N N �
❑ d '>
N CD N CD
M
T
(6
L
F-
r 00 LO N 67
r N N
T
CO
N
N
r co
r N N
T
(0
U)
N
F--
c ON N
• O
T � c
°a-
o
m 2 E
• E u)a
2 — )
m — -I
0- 0 6
❑ m m
LO N CD co
r r N
T
(6
C
0
00
N CD
f q K
�
� \
U)
® % \
2
\ \ §
L k > M
)
moo =
02CL
% C"i
\ { 2
2 REu
\ k \
/ ° &2
35S g
3 / i
o q / \
_ $ >
2 E § { � i
% OL
/ [ k � f
c } o s 2 g E/ [
2 3 ± > m go ®
/ \ \ J &7 � \
s — E
LL = / \ f
00 0 -2 mEn
# % f \
°
2 ( 2 )
® /5 8
/ a E &
w = gaR
3 LD
72 >
7JEJ
m o I \
/ \
2 Ef � \
§ / � 22
2 $ 2 =
a \ § \
/ k /\
3 a f q CD
m
_0
_0
_
�
CO
-2025
69th Legislature 2025 HB 5
AN ACT APPROPRIATING MONEY FOR MAJOR REPAIR AND CAPITAL DEVELOPMENT PROJECTS FOR
THE BIENNIUM ENDING JUNE 30, 2027; PROVIDING FOR OTHER MATTERS RELATING TO THE
APPROPRIATIONS; PROVIDING FOR A TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE
CAPITAL DEVELOPMENTS LONG-RANGE BUILDING PROGRAM ACCOUNT AND A TRANSFER OF
FUNDS FROM THE GENERAL FUND TO A STATE SPECIAL REVENUE FUND; PROVIDING FOR A
MODIFICATION TO THE LONG-RANGE BUILDING PROGRAM; INCREASING CERTAIN VALUE
THRESHOLDS FROM $150,000 TO $300,000; ESTABLISHING REPORTING REQUIREMENTS; ALLOWING
A COMBINATION OF PREVIOUSLY APPROVED APPROPRIATIONS FOR THE CLAPP BUILDING;
AMENDING SECTIONS 17-7-201, 17-7-202, 17-7-210, AND 17-7-223, MCA; AMENDING SECTION 1,
CHAPTER 468, LAWS OF 2021, SECTION 9(1), CHAPTER 739, LAWS OF 2023, SECTION 14(1), CHAPTER
762, LAWS OF 2023, AND SECTION 3, CHAPTER 763, LAWS OF 2023; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. For the purposes of[sections 1 through 10], unless otherwise stated, the
following definitions apply:
(1) "Authority only" means approval provided by the legislature to expend money that does not
require an appropriation, including grants, donations, auxiliary funds, proprietary funds, nonstate funds, and
university funds.
(2) "Capital development' has the same meaning as provided in 17-7-201(2).
(3) "Capital project' means the planning, design, renovation, construction, alteration, replacement,
furnishing, repair, improvement, site, utility, or land acquisition project provided for in [sections 1 through 10).
(4) "LRBP capital development' means the long-range building program capital developments
Legislulive - 1 - Authorized Print Version— HB 5
�- Services
r Division ENROLLED BILL
-2025
69th Legislature 2025 HB 5
account in the capital projects fund type provided for in 17-7-209.
(5) "LRBP major repair" means the long-range building program major repair account in the capital
projects fund type provided for in 17-7-221.
(6) "Major repair" means capital projects provided for in 17-7-201(7).
(7) "Other funding sources" means money other than LRBP money, state special revenue, or
federal special revenue that accrues to an agency under the provisions of law.
(8) "SBECP" means funds from the state building energy conservation program account in the
capital projects fund type which may be utilized on either or both major repair or capital development projects.
Section 2. Major repair projects appropriations and authorizations. (1)The following money is
appropriated to the department of administration for the indicated major repair projects from the indicated
sources. Funds not requiring legislative appropriation are included for the purpose of authorization. The
department of administration is authorized to adjust capital project amounts within the legislative intent of the
major repair account-funded projects, subject to available revenues, if approved by the office of budget and
program planning, and to transfer the appropriations, authority, or both among the necessary fund types for
these projects:
Agency/Project LRBP State Federal Authority Total
MR Special Special Only
Fund Revenue Revenue Sources
MUS MSU Completion of Montana Hall Life Safety Improvements
2,100,000 2,100,000
DPHHS MMHNCC Completion of Door Access Controls
130,000 130,000
MUS UM Missoula College Mechanical, Electrical, and Accessibility Upgrades
2,200,000 2,200,000
MUS UM Montana Tech Selected Upgrades Exterior Steps, Stairs, Ramps
710,000 710,000
DPHHS MMHNCC Additional Security Cameras
Legislative - 2 - Authorized Print Version— HB 5
Services
'f, Division ENROLLED BILL
-2025
69th Legislature 2025 HB 5
300,000 300,000
MUS UM-W Selected Fire Alarm Upgrades
500,000 500,000
DOC MSP MCE New Emergency Generators
200,000 200,000
DOA Aviation Support Facility Shop Building New Fire Suppression System
950,000 950,000
MUS UM Montana Tech Campus Heating Plant Boiler System Upgrade
2,400,000 2,400,000
DOAg State Grain Lab Heating System Upgrades
150,000 150,000
MUS MSU GFC Campus Heating and Domestic Hot Water Upgrades
400,000 400,000
DOJ MHP Boulder MHP/IBC Campus Heating System Upgrades
2,350,000 2,350,000
MUS UM Helena College Donaldson/Airport Boiler System Replacement
150,000 150,000
DOA Original Governor's Mansion Heating and Fire Alarm Systems
300,000 300,000
MUS UM-W Swysgood Tech Center HVAC Cooling System Replacement
370,000 370,000
DOC Continuation of Xanthopoulos Building Repairs
2,200,000 2,200,000
MUS MSU Linfield Hall Roof Replacement
850,000 850,000
DOA State Print and Mail Building Roof Replacement
825,000 825,000
MUS MSU-N Cowan Hall Exterior Envelope Upgrades
Legislative - 3 - Authorized Print Version— HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
1,725,000 1,725,000
DPHHS EMVH Water Infiltration and Exterior Envelope Repairs
1,900,000 1,900,000
MUS MSU-N Automotive Technology Building Roof Replacement
460,000 460,000
MUS UM HC Donaldson Campus Roofing Replacement
2,400,000 2,400,000
DOC MSP MCE Roof Replacements
1,350,000 1,350,000
DOA Aviation Support Fac Hangar Door Reconstruction and Replacement
320,000 320,000
MUS UM Montana Tech Campus-wide Building Electrical System Upgrades
1,300,000 1,300,000
MSDB Completion of Parking Lot Improvements
780,000 780,000
MUS UM-W Selected Sewer Main Repairs and Replacement
690,000 690,000
OPI Montana Learning Center Site Infrastructure Upgrades
700,000 700,000
MUS UM-W Steam Distribution System Upgrades
475,000 475,000
DOC PHYCF Utility Tunnel and Heating System Repairs
1,200,000 1,200,000
MUS UM Selected Building Electrical System Upgrades
1,100,000 1,100,000
MUS MSU South Campus Primary Electrical Distribution Upgrades
1,750,000 1,750,000
DOC MSP Gravel Pit Equipment Generator Replacement
Legislative -4 - Authorized Print Version—HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
180,000 180,000
DLI Kalispell Job Service Renovations
325,000 325,000
MUS UM Selected Elevator System Upgrades
1,675,000 1,675,000
MUS MT Tech Science and Engineering, and ELC Building Elevator Upgrades
400,000 400,000
DOL New Laboratory Casework and Fixed Equipment, Combined Labs Building
1,000,000 1,000,000
MSDB Selected HVAC Systems Upgrades
2,000,000 2,000,000
MUS MSU McCall Hall Demolition
1,100,000 300,000 1,400,000
DOA Capitol Building Interior Lighting Restoration
125,000 125,000
DOA Capitol Complex Restroom Renovations
625,000 625,000
DOC MSP MCE Restroom Repairs
200,000 200,000
DOJ MLEA Air Conditioning Installation
300,000 300,000
MUS MT Tech Mining and Geology Building Temp Controls System
300,000 300,000
DOA Statewide Facility Condition Assessment Services for Agencies
750,000 750,000
DOA Statewide Selected Feasibility Studies for Agencies
500,000 500,000
MUS MSU Replace Failed Data Center Cooling Systems
Legislative - 5 - Authorized Print Version— HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
1,000,000 300,000 1,300,000
(2) Up to $2.8 million state special revenue from the capital land grant fund is appropriated to the
department of administration for the 2027 biennium for use solely on major repair capital projects on the Capitol
complex. Major repair capital projects shall be approved by of the office of budget and program planning prior to
use of the funds by the department.
(3) The following money is appropriated to the department of military affairs for the indicated major
repair projects from the indicated sources. Funds not requiring legislative appropriation are included for the
purpose of authorization and are subject to the provisions of 18-2-103.
Agency/Project LRBP State Federal Authority Total
MR Special Special Only
Fund Revenue Revenue Sources
DMA Statewide Indoor Firing Range Remediation
2,450,000 2,450,000
DMA MTARNG Buildings MEP Repairs
1,970,000 1,970,000
DMA FTH Building 1009 New Generator
255,000 255,000
DMA Helena AFRC New Underground Stormwater Piping System
230,000 230,000
DMA FTH New Powered Fire Department Access Gate
225,000 225,000
DMA FTH Range Operations Center Site Work
380,000 380,000
DMA FTH Building 1017 New Shower Rooms
110,000 110,000
DMA MTARNG Buildings New PV Solar Arrays and Repairs
690,000 690,000
DMA FTH MIST/MINER Facility Upgrade
Legislative - 6- Authorized Print Version— HB 5
Services ENROLLED BILL
Division
rI
-2025
69th Legislature 2025 HB 5
1,900,000 1,900,000
(4) The department of administration shall bundle requests for the purchase and installation of the
electrical generators into a single project for bid.
Section 3. Capital development projects appropriations and authorizations. (1)The following
money is appropriated to the department of administration for the indicated capital development projects from
the indicated sources. Funds not requiring legislative appropriation are included for the purpose of
authorization. The department of administration is authorized to transfer the appropriations, authority, or both
among the necessary fund types for these projects:
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
DOC MSP Low-Side Housing Expansion
150,000,000 150,000,000
Funding is provided to expand the capital project in Section 2, Chapter 765, Laws of 2023. The
department may extend existing design, construction, and other contracts at its sole discretion, in order to
expedite the project.
DOC MSP Site Infrastructure Upgrades
21,000,000 21,000,000
Funding is provided to expand the capital project in Section 2, Chapter 765, Laws of 2023.The
department may also extend existing design, construction, and other contracts at its sole discretion, in order to
expedite the project.
DPHHS MSH Comprehensive Mechanical System Replacement
11,200,000 11,200,000
DOC MSP Comprehensive Mechanical System Replacement
4,750,000 4,750,000
DPHHS MSH Spratt Building Upgrades for Licensure and Facility Fences
14,660,000 14,660,000
Legislutive - 7 - Authorized Print Version— HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
Funding may be redirected by the office of budget and program planning to address other capital
project needs at the Montana State Hospital, subject to 17-7-210.
DPHHS MMHNCC Unit D
Remodel for Licensure
700,000 700,000
MUS UM Selected Classrooms and Teaching Labs Modernization
11,600,000 11,600,000
DNRC Missoula New Forestry and Trust Lands Office Building
2,000,000 2,000,000
DNRC Bunkhouses in Helena, Libby, and Plains and Office Addition
1,500,000 600,000 2,100,000
The department of administration may prioritize the funding, design, and construction between each of
the bunkhouses and office additions as necessary to meet the intent of[sections 3(8)(c)and 3(9)].
DOA Capitol Complex Roof Replacements
4,100,000 4,100,000
MUS UM Selected Roof Replacements
3,000,000 3,000,000
MUS MT Tech Highlands College Roof Replacement
5,000,000 5,000,000
MUS MSUB Cisel Hall HVAC and Plumbing System Upgrades
4,000,000 4,000,000
DOA Capitol Complex Elevator System Upgrades
5,700,000 5,700,000
MSDB Vocational Building Demolition and New Construction
4,000,000 4,000,000
MUS MSU Lewis Hall New Elevator and ADA Upgrades
4,600,000 4,600,000
MUS UM Music Building Renovation
Legislative -8 - Authorized Print Version—HB 5
.Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
7,250,000 7,250,000 14,500,000
DOA 1227 11th Avenue Renovation
3,600,000 3,600,000
DOA 1300 11th Avenue Renovation
4,150,000 4,150,000
MUS UM Mansfield Library Renovation
9,000,000 9,000,000 18,000,000
MUS MSU Hamilton Hall 3rd and 4th Floor Renovation
5,230,000 5,230,000
DOA 5 South Last Chance Gulch Building Renovation
17,300,000 17,300,000
DMA SMART Deferred Maintenance Program, Statewide
1,500,000 4,500,000 6,000,000
DOC MSP Construction Education Program Building and Old Territorial Prison Repair
4,200,000 4,200,000
DMA Billings Limited Army Aviation Support Facility, Phase 2
23,100,000 23,100,000
DMA MTANG New Training Drop Zone
1,800,000 1,800,000
DOJ MLEA New Indoor Firing Range
10,000,000 10,000,000
DMA MT State Veterans' Cemetery, New Interment Processing Center
600,000 600,000
FWP Central Services Site Upgrades Phase 2
13,350,000 13,350,000
FWP Central Services Site Upgrades Phase 3
16,680,000 16,680,000
FWP State Park Storage Building at Cooney Park and Deadman Basin FAS
Legislative -9 - Authorized Print Version— HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
375,000 375,000
The department of administration may prioritize the funding, design, and construction between each of
the storage buildings as necessary to meet the intent of[sections 3(8)(c) and 3(10)].
MDT Equipment Storage Buildings at Three Forks, Wolf Creek, Lodge Grass, Conrad, and Miles City
5,300,000 5,300,000
The department of administration may prioritize the funding, design, and construction between each of
the equipment storage buildings as necessary to meet the intent of[sections 3(8)(c)and 3(11)].
MDT Purchase of Equipment Repair Shop and Property
8,500,000 8,500,000
MUS MSUB New Art Building
13,400,000 13,400,000
MUS UM New Bandy Ranch Field Research Housing
2,000,000 2,000,000
MUS UM Bio Research Building Addition
8,000,000 8,000,000
MUS MSU Instructional Space Modernization
4,000,000 4,000,000
MUS UM Law School Interior Remodel
3,000,000 3,000,000
MUS UM McGill Hall Addition
3,000,000 3,000,000
Authority-only increase is provided for the project in Section 3, Chapter 763, Laws of 2023.
MUS MSU Nopper Building Purchase
6,500,000 6,500,000
MUS UM Undergraduate Research Lab Upgrades and Improvements
10,000,000 10,000,000
MUS UM South Campus Tennis Court Complex
8,300,000 8,300,000
Legislative - 10- Authorized Print Version—HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
MUS MSU Visual Communications Building Classroom Addition
11,500,000 11,500,000
Authority-only increase is provided for the project in Section 2, Chapter 422, Laws of 2019, and Section
3, Chapter 763, Laws of 2023.
MUS Women's Soccer Locker Room Remodel and Lighting
400,000 400,000
MUS Montana Tech Campus Expansion and Upgrades 50,000,000 50,000,000
(2) The following money is appropriated to the department of military affairs for the indicated
capital development projects from the indicated sources. Funds not requiring legislative appropriation are
included for the purpose of authorization and are subject to the provisions of 18-2-103.
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
DMA Fort Harrison Open Bay Barracks
10,500,000 10,500,000
Federal special revenue is provided for the purposes of construction for the project consented to by the
governor in August 2024 in accordance with 18-2-102(2)(e)for use of$1,880,000 of federal funds for design
only.
DMA Fort Harrison Vehicle Paint Shop Construction
4,000,000 4,000,000
DMA MTARNG Vehicle Maintenance Shop Construction
20,000,000 20,000,000
DMA Limestone Hills Target Storage Building Replacement
60,000 60,000
DMA Veterans' Cemetery Expansions, Statewide
1,000,000 1,000,000
DMA Capital Reserve Fund 31,505,000 31,505,000
(3) (a)The capital reserve fund may be used by the department of military affairs to fund projects
Legislative - 11 - Authorized Print Version— HB 5
Services ENROLLED BILL
Divisioil
-2025
69th Legislature 2025 HB 5
in [section 3] subsequently identified after the passage of[this act].
(b) A project must be prepared that describes each task to be completed with a budget for each
proposed project. The project description must be submitted by the department of military affairs through the
department of administration to the general government budget committee and the long-range planning budget
committee. After the project description has been submitted to those committees, the budget director may
approve, modify, or deny the proposed project.
(4) (a)The following money is appropriated to the office of budget and program planning for the
indicated capital development project from the indicated source for the purpose of major repairs and capital
projects on the Capitol complex:
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
OBPP Capitol Complex Deferred Maintenance and Renewal
50,000,000 50,000,000
(b) The office of budget and program planning is authorized to transfer any or all of the
appropriation to the department of administration. The department of administration is authorized to adjust
major repair or capital development project amounts within the legislative intent, if approved by the office of
budget and program planning, and to transfer the appropriations, authority, or both among the necessary fund
types.
(c) The funds may be used in conjunction with projects appropriated in Section 14, Subsection 4,
Chapter 762, Laws of 2023. The department may also extend existing design, construction, and other contracts
at its sole discretion.
(d) The funds may not be utilized in or for space leased or to be leased by a state agency or to
construct or acquire additional state-owned square footage.
(5) (a)The following money is appropriated to the department of administration for the purpose of
capital development projects planning studies for agencies, including the university system, on capital projects
that are anticipated to be greater than a total project cost of$10 million:
Agency/Project LRBP State Federal Authority Total
Legislative - 12- Authorized Print Version— HB 5
Services Division ENROLLED BILL
-2025
69th Legislature 2025 HB 5
CD Special Special Only
Fund Revenue Revenue Sources
DOA Capital Development Projects Planning Studies
2,000,000 2,000,000
(b) Prior to usage of the funds, the department shall require agencies to submit individual capital
project applications, along with 6-year facilities strategic plans, and make recommendations to the office of
budget and program planning. A planning study must be approved by the office of budget and program
planning prior to commencement by the department.
(c) The results of a planning study must contain the full narrative and explanation of the needs,
project scope and programmatic information, design and construction schedule, itemized total capital project
costs, any future staffing costs, and any future operations and maintenance costs.
(d) Subject to 17-7-211, agencies, including the university system, may utilize other funding
sources to initiate or participate in a capital projects planning study.
(6) (a)The following money is appropriated to the department of administration as reserve funding
on major repair-type and capital development-type capital projects:
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
DOA Reserve Funds for Market, Supply Chain, and Inflationary Impacts
10,000,000 10,000,000
(b) Prior to usage of the funds, the department shall submit a recommendation with sufficient
justification for approval to the office of budget and program planning.
(c) Funding may not be used to expand beyond the scope of a project authorized by the
legislature. This aggregate amount does not limit or restrict 17-7-211.
(7) (a) Pursuant to 17-7-210, 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 funding for program
expansion and operations and maintenance. To the extent allowed by law, at the end of each fiscal year
Legislalive - 13 - Authorized Print Version— HB 5
Sendces ENROLLED BILL
Division sion
-2025
69th Legislature 2025 HB 5
following approval of a new facility but prior to receipt of its certificate of occupancy, the appropriation made in
this subsection reverts to its originating fund. The appropriation is not subject to the provisions of 17-7-304.
(b) Subject to subsection (7)(e), the following money is appropriated for the biennium beginning
July 1, 2025, to the indicated agency from the indicated sources for program expansion or operations and
maintenance for the indicated new facility:
Agency/Project General State Federal Authority Total
Fund Special Special Only
Revenue Revenue Sources
DNRC Missoula New Forestry and Trust Lands Office Building
50,876 50,876
DNRC Helena Wildland Firefighter Bunkhouses
66,360 66,360
DNRC Libby Wildland Firefighter Bunkhouses and Office Addition
33,180 33,180
DNRC Plains Wildland Firefighter Bunkhouse
33,180 33,180
MUS MSU Lewis Hall New Elevator and ADA Upgrades
37,800 37,800
DOA 5 South Last Chance Gulch Building Renovation
173,550 173,550
DMA Billings Limited Army Aviation Support Facility, Phase 2
107,400 107,400
DOJ MLEA New Indoor Firing Range
150,000 150,000
DMA MT State Veterans' Cemetery, New Interment Processing Center
9,625 9,625
FWP Central Services Site Upgrades Phase 2
133,468 133,468
Legislalive - 14- Authorized Print Version—HB 5
Services ENROLLED BILL
Division
.1:
-2025
69th Legislature 2025 HB 5
FWP Central Services Site Upgrades Phase 3
208,545 208,545
FWP Region 5 Cooney State Park Storage Building
2,778 2,778
FWP Region 5 Deadman's Basin FAS Storage Building
4,250 4,250
MDT Three Forks Equipment Storage Building
48,150 48,150
MDT Wolf Creek Equipment Storage Building
33,400 33,400
MDT Lodge Grass Equipment Storage Building
33,400 33,400
MDT Conrad Equipment Storage Building
41,650 41,650
MDT Miles City Equipment Storage Building
44,750 44,750
MUS MSUB New Art Building
257,680 257,680
MUS UM New Bandy Ranch Field Research Housing
108,705 108,705
MUS UM Bio Research Building Addition
246,050 246,050
MUS UM McGill Hall Addition
71,968 71,968
MUS MSU Nopper Building Purchase
1,252,186 1,252,186
MUS UM South Campus Tennis Court Complex
359,086 359,086
Legislative - 15- Authorized Print Version—HB 5
.Sen ices
'�. Division ENROLLED BILL
-2025
69th Legislature 2025 HB 5
MUS MSU Visual Communications Building Classroom Addition
59,286 140,403 199,689
DMA Fort Harrison Open Bay Barracks
204,800 204,800
DMA Fort Harrison Vehicle Paint Shop Construction
42,100 42,100
DMA MTARNG Vehicle Maintenance Shop Construction
134,800 134,800
DMA Fort Harrison Facility Maintenance Shop#3 (FMS#3)Acquisition
31,000 31,000
MUS Montana Tech Campus Expansion and Upgrades
2,543,693 2,543,693
Funds for operations and maintenance are provided upon completion of the transfer of the facility from
federal to state ownership. The department of administration may utilize the FMS#3 to construct either or both
the capital projects DMA DES State Emergency Coordination Center Expansion and DMA DES State Disaster
Warehouse in Section 3, Chapter 763, Laws of 2023. If constructed within the FMS#3, the operations and
maintenance funding for either or both the projects in Section 3, Chapter 763, Laws of 2023, shall transfer to
the acquired FMS#3.
DMA Billings Readiness Center and Innovation Campus (BRIC)
98,500 (General Fund) 98,500 (Federal Special Revenue) 197,000 (Total)
Funds for operations and maintenance are provided for the project in Section 3, Chapter 763, Laws of
2023, and are contingent on the sale of the existing Billings Armed Forces Reserve Center(BAFRC). After the
sale, operations and maintenance funding currently appropriated to the department of military affairs for the
existing Billings Armed Forces Reserve Center shall then be added to and utilized for the new Billings
Readiness Center operations and maintenance.
DOA Governor's Office, 720 Madison Avenue
270,250 (General Fund) 270,250 (Total)
Funds for operations and maintenance are provided upon completion of the transfer of the real property
Legislative - 16- Authorized Print Version— HB 5
Services ENROLLED BILL
Divisiotr
-2025
69th Legislature 2025 HB 5
to the department of administration.
(c) Subject to subsection (7)(e), the following money is appropriated for fiscal year 2027 to the
indicated agency from the indicated sources for program expansion or operations and maintenance for the
indicated new facility:
Agency/Project GeneralState Federal Authority Total
Fund Special Special Only
Revenue Revenue Sources
DOC MSP Low-Side Housing Expansion
6,950,000 6,950,000
(d) It is the legislature's intent that the appropriations in this subsection become part of the
respective agency's base budget for the biennium beginning July 1, 2025.
(e) Appropriations in subsections (7)(b) and (7)(c)are contingent on the passage and approval of a
bill that includes an appropriation for the construction of the indicated projects in subsections (7)(b)and (7)(c).
(f) Funds appropriated in [this act] and prior appropriations, including House Bill 2, House Bill 5,
and House Bill 872 from the 2023 session, may not be used to construct or staff a guard house at the Montana
state hospital.
(8) The department of administration shall prioritize the project management and contracting for
design and construction of capital projects contained in [this act] and may combine or bundle projects at its
discretion, in the following order:
(a) (i) projects for the department of public health and human services, specifically DPHHS MSH
Comprehensive Mechanical System Replacement, DPHHS MSH Spratt Building Upgrades for Licensure and
Facility Fences, and the DPHHS MMHNCC D-Wing Remodel for Licensure;
(ii) projects for the department of corrections, specifically DOC MSP Low-Side Housing Expansion,
DOC MSP Site Infrastructure Upgrades, DOC MSP Comprehensive Mechanical System Replacement, and the
DOC MSP Construction Education Program Building Renovation and Old Territorial Prison Repair;
(iii) remaining projects in [this act] as determined by the department in accordance with 18-2-104
and taking into consideration prior appropriated capital projects.
(b) Based upon project type or location, the department may combine or bundle the procurement
Legislative - 17 - Authorized Print Version—HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
of design services, bidding, and construction contracting for the purposes of efficiently implementing capital
projects in either[section 2] or[section 3] or both.
(c) The department may also extend existing design, construction, and other contracts for capital
projects in either[section 2] or[section 3] or both at its sole discretion, in order to expedite the implementation,
design, and construction of capital projects in [this act].
(d) Should funding in House Bill 3 be insufficient for the replacement of the security doors in the
RHU and SAU facilities at the Montana State Prison, the department of administration is authorized to adjust
prior capital project appropriations in House Bill 817 of the 68th session and appropriations in [this act] for the
department of corrections to complete the replacement of the security doors.
(9) The department shall develop standardized designs for bunkhouses used by all state agencies
differentiated only by the number of beds they contain. Only one architectural fee may be paid for the
bunkhouse design.
(10) The department shall develop standardized designs for storage sheds used by all state
agencies differentiated only by the size of the shed. Only one architectural fee may be paid for the storage shed
design.
(11) The department shall develop standardized designs for department of transportation equipment
storage buildings differentiated only by the number of equipment bays in the structure. Only one architectural
fee may be paid for the equipment storage building design.
(12) The architecture and engineering division of the department of administration shall provide a
written report on the progress in implementing the projects identified as priority projects in subsections (8)(a)(i)
and (8)(a)(ii) and the work done to implement projects in subsection (8)(a)(iii) 5 days prior to a meeting of the
following committees:
(a) the legislative finance committee; and
(b) the long-range planning budget committee.
Section 4. Capital improvement projects. (1)The following money is appropriated to the
department of fish, wildlife, and parks in the indicated amounts for the purpose of making capital improvements
to statewide facilities. Funds not requiring legislative appropriation are included for the purpose of authorization.
Legislative - 18 - Authorized Print Version— HB 5
Services
t^. Division ENROLLED BILL
-2025
69th Legislature 2025 HB 5
The department of fish, wildlife, and parks is authorized to transfer the appropriations, authority, or both among
the necessary fund types for these projects:
Agency/Project State Federal Authority Total
Special Special Only
Revenue Revenue Source
FWP Statewide Administrative Facilities Major Maintenance
2,800,000 2,800,000
FWP Fishing Access Site Major Maintenance
1,590,000 1,590,000
FWP Statewide Hatchery Maintenance and Repairs
2,500,000 2,500,000
FWP Fishing Access Site Noxious Weed Control
250,000 250,000
FWP Wildlife Management Area Maintenance
3,380,000 3,380,000
FWP State Parks Major Maintenance
4,500,000 4,500,000
FWP State Parks Noxious Weed Control
250,000 250,000
FWP Statewide Wildlife Habitat Management Areas Improvements
680,000 680,000
FWP Future Fisheries
2,000,000 2,000,000
FWP Contract Programs
2,250,000 2,250,000
FWP Fish Connectivity
1,635,000 1,775,000 3,410,000
FWP Lewis and Clark Caverns State Park Water System
(Legislalive - 19- Authorized Print Version— HB 5
`Services ENROLLED BILL
�� Division
-2025
69th Legislature 2025 HB 5
692,500 692,500 1,385,000
FWP Community Fishing Ponds
200,000 200,000
FWP Parks and Outdoor Recreation Site Development and Upgrades
4,509,680 510,000 5,019,680
For the Judith Landing Site, noxious weed control must be performed with a portion of the funds
appropriated for the location.
FWP Upland Game Bird Enhancement Program
2,000,000 2,000,000
FWP Dam Maintenance
90,000 90,000
FWP Region 5 HQ Pemberton Lane Improvements
255,000 255,000
FWP Grants Programs
5,800,000 7,900,000 13,700,000
FWP Bannack State Park Historic Preservation
250,000 250,000
FWP Forest Management Program
250,000 250,000
FWP Tongue/Yellowstone/Muggli Fishery Infrastructure Improvements
1,430,000 1,430,000
(2) Authority is granted to the Montana university system for the purpose of making capital
improvements to campus facilities statewide. Authority-only funds may include donations, grants, auxiliary
funds, proprietary funds, nonstate funds, and university funds. Use of authority-only funds may be allocated at
not more than $2,500,000 per project and are subject to the provisions of 18-2-103.All costs for the operations
and maintenance of any improvements constructed under this authorization must be paid by the Montana
university system from nonstate sources:
Agency/Project LRBP State Federal Authority Total
Legislative -20 - Authorized Print Version—HB 5
,Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
Fund Special Special Only
Revenue Revenue Sources
General Spending Authority, MUS All Campuses 20,000,000 20,000,000
(3) The following money is appropriated to the department of transportation in the indicated
amount for the purpose of making capital improvements to statewide facilities as indicated and are subject to
the provisions of 18-2-103:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Sources
Maintenance, Repair, and Small Projects, Statewide
3,000,000 3,000,000
(4) The following money is appropriated to the department of military affairs in the indicated
amount for the purpose of making capital improvements to statewide facilities. The capital improvements are
subject to the provisions of 18-2-103.All costs for the operation and maintenance of any improvements
constructed with these funds must be paid by the department of military affairs from nonstate sources:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Sources
Federal Spending Authority 3,000,000 3,000,000
(5) The following money is appropriated to the department of environmental quality in the indicated
amount for the purpose of leaking petroleum tank remediation to address risks to human health or the
environment at petroleum sites where there is no readily apparent potentially liable person or entity that is
financially viable:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only Revenue
Revenue Revenue Sources
Remediation of Leaking Petroleum Tanks
2,000,000 2,000,000
Legislative -21 - Authorized Print Version— HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
Section 5. Land acquisition appropriations. The following money is appropriated to the department
of fish, wildlife, and parks in the indicated amounts for the purposes of land acquisition, land leasing, easement
purchase, or development agreements. The department of fish, wildlife, and parks is authorized to transfer the
appropriations, authority, or both among the necessary fund types for these projects:
Agency/Project State Federal Authority Total
Special Special Only
Revenue Revenue Sources
FWP Habitat Montana
12,000,000 12,000,000
FWP Fishing Access Site Acquisition
500,000 500,000
FWP Habitat Montana -- Enhanced 701 Funding
18,000,000 18,000,000
Section 6. Planning and design. The department of administration may proceed with the planning
and design of capital projects in either or both [sections 2 and 3] prior to the receipt of other funding sources.
The department may use interentity loans in accordance with 17-2-107 to pay planning and design costs
incurred before the receipt of other funding sources.
Section 7. Capital projects --contingent funds. (1) If a capital project is financed, in whole or in
part, with appropriations contingent on the receipt of other funding sources, the department of administration
may not let the project for bid until a financial plan and agreement with the agency has been approved by the
director of the department of administration. A financial plan and agreement may not be approved by the
director if:
(a) the level of funding and authorization provided under the financial plan and agreement deviates
substantially from the funding level provided in either or both [sections 2 and 3] for that project; or
(b) the scope of the project is substantially altered or revised from the concept and intent for that
Legislalive -22 - Authorized Print Version— HB 5
Services
ENROLLED BILL
'� Division
-2025
69th Legislature 2025 HB 5
project as presented to the 69th legislature.
(2) For any capital project financed, in whole or in part, with appropriations contingent on the
receipt of other funding sources in this biennium and any prior biennium, the agency, including the university
system, for which the capital project is for must submit a report through the department of administration
architecture and engineering division to the Joint Appropriations Subcommittee for Long-Range Planning
indicating the status of the other sources of funding, how much funding has been received, projections of when
the funding is anticipated to be received, or if the project should be canceled. A report must be provided to the
subcommittee during every regular session of the legislature until a project begins construction or is canceled
by the legislature.
(3) This section does not limit or restrict the application of 17-7-211.
Section 8. Review by department of environmental quality. The department of environmental
quality shall review capital projects authorized in either or both [sections 2 and 3]for potential inclusion in the
state building energy conservation program (SBECP) under Title 90, chapter 4, part 6. When a review shows
that a capital project will result in energy or utility savings and improvements, that project must be submitted to
the energy conservation program for funding consideration by the SBECP. Funding provided under the energy
conservation program guidelines must be used to offset or add to the authorized funding for the project, and the
amount will be dependent on the annual utility savings resulting from the capital project. Agencies must be
notified of potential funding after the review and are obligated to utilize the SBECP funding, if available, on the
terms and conditions specified by the department.
Section 9. Legislative intent.The appropriations authorized in [sections 2 through 51 constitute
legislative consent for the capital projects contained in [sections 2 through 5] within the meaning of 17-7-201
and 18-2-102.
Section 10. Increase instate funding for program expansion or operations and maintenance. If
an immediate or future increase in state funding for program expansion or operations and maintenance is
required for a new facility in [section 3] but the increase is not appropriated by the 69th legislature, that new
Legislative -23- Authorized Print Version—HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
facility in [section 3] is not appropriated or authorized as provided in 17-7-210.
Section 11. Section 17-7-201, MCA, is amended to read:
"17-7-201. Definitions. 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 owned or to be owned by a state agency, including the department
of transportation.
(b) The term does not include a:
(i) building, facility, or structure owned or to be owned by a county, city, town, school district, or
special improvement district;
(ii) facility or structure used as a component part of a highway or water conservation project.
(2) "Capital development" means a:
(a) renovation, construction, alteration, site, or utility project with a total cost of$2.5 million or
more;
(b) new facility with a construction cost of$250,000 or more; or
(c) purchase of real property for which an appropriation is required to fund the purchase.
(3) "Construction" includes construction, repair, alteration, renovation, and equipping and
furnishing during construction, repair, or alteration.
(4) "Division" means the architecture and engineering division of the department of administration.
(5) "High-performance building" means a building that integrates and optimizes all major high-
performance building attributes, including but not limited to:
(a) energy efficiency;
(b) durability;
(c) life-cycle performance; and
(d) occupant productivity.
(6) (a) "Long-range building program-eligible building" means a building, facility, or structure
Legislative -24- Authorized Print Version— HB 5
Services
Division ENROLLED BILL
-2025
69th Legislature 2025 HB 5
eligible for major repair account funding that:
(i) is owned or fully operated by a state agency and for which the operation and maintenance are
funded with state general fund money; or
(ii) supports academic missions of the university system and for which the operation and
maintenance are funded with current unrestricted university funds.
(b) The term does not include a building, facility, or structure:
(i) owned or operated by a state agency and for which the operation and maintenance are entirely
funded with state special revenue, federal special revenue, or proprietary funds; or
(ii) that supports nonacademic functions of the university system and for which the operation and
maintenance are funded from nonstate and nontuition sources.
(7) (a) "Major repair" means:
(i) a renovation, alteration, replacement, or repair project with a total cost of less than $2.5 million;
(ii) a site or utility improvement with a total cost of less than $2.5 million; or
(iii) a new facility with a total construction cost of less than $250,000.
(b) The term does not include operations and maintenance as defined in this section.
(8) (a) "New facility" means the construction or acquisition of a new building on state property
regardless of funding source and includes:
(i) an addition to an existing building; and
(ii) the enclosure of space that was not previously fully enclosed.
(b) The term does not include the replacement of state-owned space that is demolished or that is
otherwise removed from state use if the total construction cost of the replacement space is less than $2.5
million.
(9) "Operations and maintenance" means operational costs and regular, ongoing, and routine
repairs and maintenance funded in an agency operating budget that does not extend the capacity, function, or
lifespan of a facility.
(10) "Replacement cost of existing long-range building program-eligible building" means the current
replacement value of all long-range building program-eligible buildings included in the statewide facility
inventory and condition assessment as provided in 17-7-202."
Legislative -25- Authorized Print Version— HB 5
Services ENROLLED BILL
�. Division
-2025
69th Legislature 2025 HB 5
Section 12. Section 17-7-202, MCA, is amended to read:
"17-7-202. Preparation of building programs and submission to department of administration --
statewide facility inventory and condition assessment. (1) Before jury 1 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 repair projects and capital developments, if any, for the agency or institution along with the agency's
or institution's 6-year capital development facilities strategic plan Excluding major repair projects greater than
52 500 000 the division may not include a capital development project request in the information provided
pursuant to 17-7-202(4) without the project also being included in an agency's or institution's 6-year capital
development facilities strategic plan unless approved by the office of budget and program planning. Each
agency and institution shall furnish any additional information requested by the division relating to the utilization
of or need for major repair projects and capital developments.
(2) (a) Except as provided in subsection (3), the division shall compile and maintain a statewide
facility inventory and condition assessment that:
(i) for each state-owned building:
(A) identifies its location and total square footage;
(B) identifies the agency or agencies using or occupying the building and how much square
footage each agency uses or occupies;
(C) lists the current replacement value of the building in its entirety and each agency's portion of
the building; and
(D) identifies whether the building is a long-range building program-eligible building; and
(ii) for each long-range building program-eligible building:
(A) includes a facility condition assessment of the building and an itemized list of the building's
deficiencies; and
(B) compares the building's current building deficiency ratio to its deficiency ratio in the previous
biennium.
(b) The division may contract with a private vendor to collect, analyze, and compile the building
Legis'lalive -26 - Authorized Print Version— HB 5
Service's ENROLLED BILL
Division:
- 2025
69th Legislature 2025 HB 5
information required in this subsection (2).
(c) The facility inventory and condition assessment must be updated as determined by the division
(d) The division may incorporate in the statewide facility inventory and condition assessment any
facility condition assessment or similar document compiled by an agency.
(e) The division shall provide the statewide facility inventory and condition assessment, including a
calculation of the deferred maintenance backlog and overall building deficiency ratio of the long-range building
program-eligible buildings, to the office of budget and program planning and the legislative finance committee
by September 1 of the year preceding a re ular legislative session in an electronic format. The division shall
provide a copy of the report to the legislature in accordance with 5-11-210.
(3) The division is not required to include a state-owned building that has a current replacement
value of$45"88 300 000 or less in the facility inventory and condition assessment.
(4) The division shall examine the information furnished by each agency and institution and shall
gather whatever additional information is necessary and conduct whatever surveys are necessary in order to
provide a factual basis for determining the need for and the feasibility of major repair projects and capital
developments. The information compiled by the division shall be submitted to the governor before October 1 of
the year preceding a regular legislative session."
Section 13. Section 17-7-210, MCA, is amended to read:
"17-7-210. Required funding for maintenance of newly authorized state buildings. (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 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 or acquisition, 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 or acquisition 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
Legislulive -27 - Authorized Print Version—HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
fund is the prorated amount from the beginning of the fiscal year to the date of the receipt of the certificate of
occupancy."
Section 14. Section 17-7-223, MCA, is amended to read:
"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 5150;000$300,000;
(b) multiple projects within a single building or facility that collectively cost more than $150,000
S300,000; and
(c) single projects that will be constructed in phases with an aggregate cost of more than S150,000
$300,000.
(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;
Legislative -28- Authorized Print Version—HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
(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."
Section 15. Section 3, Chapter 763, Laws of 2023, is amended to read:
The portion of section 3(1), Chapter 763, Laws of 2023, appropriating money from the capital
development account to the department of administration for the indicated capital project is amended to read:
"DPHHS MSH Compliance Upgrades for Recertification & Deferred Maintenance
15,903,000 15,903,000
a
Section 16. Transfer of funds. (1) By June 30, 2027, the department of administration shall transfer
$150 million from the general fund to the capital developments long-range building program account
established in 17-7-209.
(2) By July 1, 2025, the state treasurer shall transfer$2 million from the general fund to a state
special account within the department of environmental quality for the purpose of leaking petroleum tank
remediation.
Section 17. Transfer of funds --plan and reporting. (1) By June 30, 2026, the state treasurer shall
Legislative -29- Authorized Print Version— HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
transfer$26.5 million from the capital developments long-range building program account established in 17-7-
209 to the board of investments for the purposes of building a behavioral health facility.
(2) Prior to the transfer in subsection (1)taking place, the budget director shall adopt a plan from
the board of investments and the department of public health and human services on the facility type and
location. The board of investments and the department of public health and human services shall report to the
health and human services interim budget committee established in 5-12-501 on the progress of choosing the
facility type and location. Once a plan is adopted by the budget director, the board of investments and the
department of public health and human services shall provide a progress report at each subsequent meeting of
the health and human services interim budget committee and each subsequent meeting of the long-range
planning budget committee that are held prior to December 31, 2026.
(3) Any unspent funds must revert to the capital developments long-range building program
account.
Section 18. Coordination instruction. If both House Bill No. 217 and [this act] are passed and
approved, then the reference to the department of environmental quality in [section 8 of this act] must be
changed to "the department of administration architecture and engineering division".
Section 19. Section 14(1), Chapter 762, Laws of 2023, is amended to read:
"Section 14. Appropriations. (1)There is appropriated $- . 15 million from the account
established in [section 11] to the legislative branch for the biennium beginning July 1, 2023, for the purposes
set forth in subsections (2)and (3). This appropriation is reappropriated for the purposes of the original
appropriation until the funds are fully expended."
Section 20. Section 9(1), Chapter 739, Laws of 2023, is amended to read:
"Section 9. Appropriations for capital projects. (1)After the administrative rules have been
adopted under[section 4] and only after the commission transmits its summary report on its recommendations
to the governor after following the process set forth in [section 2], there is appropriated W$28.5 million to the
department of administration from the capital developments long-range building program account in the capital
Legislative - 30 - Authorized Print Version— HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
projects fund type provided for in 17-7-209 for the behavioral health system for future generations capital
development."
Section 21. Operations and maintenance appropriation. (1)The amount of$10 million is
appropriated from the general fund to the department of public health and human services for the fiscal year
beginning July 1, 2026, for program expansion or operations and maintenance for the indicated new setting.
(2) It is the intent of the legislature that the appropriation in subsection (1) become part of the base
budget for the department of public health and human services for the biennium beginning July 1, 2027.
Section 22. Section 1, Chapter 468, Laws of 2021, is amended to read:
The portion of section 1, Chapter 468, Laws of 2021, appropriating money from the capital
development account to the department of administration for the indicated capital project is amended to read:
"MONTANA UNIVERSITY SYSTEM
se Lab
25,009,009 20,000,000 45 nnn 900"
Section 23. Section 3, Chapter 763, Laws of 2023, is amended to read:
The portion of section 3(1), Chapter 763, Laws of 2023, appropriating money from the capital
development account to the department of administration for the indicated capital project is amended to read:
"MUS UM Clapp Building Renevatiefl Replacement
27,000,000 I9,n ;808 37,000.900
52,000,000 20,000 000 72.nnn no0"
Section 24. Combination of capital development appropriations. (1)The architecture and
engineering division of the department of administration shall combine the UM Forestry Conservation & Science
Lab capital project previously authorized in section 1, Chapter 468, Laws of 2021, with the Clapp Building
Replacement capital project, previously authorized in section 3, Chapter 763, Laws of 2023. The combined
appropriation must result in a single facility of not more than the gross square footage of the existing Clapp
Le islative -31 - Authorized Print Version— HB 5
Services ENROLLED BILL
Division
-2025
69th Legislature 2025 HB 5
Building on the same site and may not expand existing programs into other UM facilities or result in any new
programs.
(2) The architecture and engineering division of the department of administration may reutilize
portions of the existing Clapp Building, including the basement, foundation, and utility systems, or other portions
of the existing building, based on analysis of the existing facility taking into consideration existing asbestos
containing materials, seismic and structural conditions, mechanical and electrical or plumbing systems, energy
efficiency, functionality, UM program needs, and long-term operational and maintenance costs.
Section 25. Severability. If a part of[this act] is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of[this act] is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
Section 26. Effective date. [This act] is effective on passage and approval.
- END-
Legislative -32 - Authorized Print Version—HB 5
Services ENROLLED BILL
Division
I hereby certify that the within bill,
HB 5, originated in the House.
Chief Clerk of the House
Speaker of the House
Signed this day
of . 2025.
President of the Senate
Signed this day
of . 2025.
HOUSE BILL NO. 5
INTRODUCED BY J. FITZPATRICK
BY REQUEST OF THE OFFICE OF BUDGET AND PROGRAM PLANNING
AN ACT APPROPRIATING MONEY FOR MAJOR REPAIR AND CAPITAL DEVELOPMENT PROJECTS FOR
THE BIENNIUM ENDING JUNE 30, 2027; PROVIDING FOR OTHER MATTERS RELATING TO THE
APPROPRIATIONS; PROVIDING FOR A TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE
CAPITAL DEVELOPMENTS LONG-RANGE BUILDING PROGRAM ACCOUNT AND A TRANSFER OF FUNDS
FROM THE GENERAL FUND TO A STATE SPECIAL REVENUE FUND; PROVIDING FOR A MODIFICATION
TO THE LONG-RANGE BUILDING PROGRAM; INCREASING CERTAIN VALUE THRESHOLDS FROM
$150,000 TO $300,000; ESTABLISHING REPORTING REQUIREMENTS; ALLOWING A COMBINATION OF
PREVIOUSLY APPROVED APPROPRIATIONS FOR THE CLAPP BUILDING; AMENDING SECTIONS 17-7-
201, 17-7-202, 17-7-210, AND 17-7-223, MCA; AMENDING SECTION 1, CHAPTER 468, LAWS OF 2021,
SECTION 9(1), CHAPTER 739, LAWS OF 2023, SECTION 14(1), CHAPTER 762, LAWS OF 2023, AND
SECTION 3, CHAPTER 763, LAWS OF 2023; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
Laurel voters and citizens,
It has come to the City's attention that discrepancies occurred in the General Municipal
Election, resulting in voters receiving the wrong ballots.The City was notified by the
Yellowstone County Election's office today about new ballots being mailed out.The new
ballots have gone out in the mail today to correct the discrepancies that affected two of the
four city Wards—Wards 2 and 4. At some point in the election's programming, the two
different Wards (Wards 2 and 4)were inadvertently switched, and voters appear to have
received the incorrect ballots for these Wards. Again, reissued ballots will be sent to voters
in these Wards today. Registered voters' ballots will include a letter from the County
Election's Office explaining voters' next steps.All candidates who filed and are qualified to
appear will be on the reissued ballots. It is important that, as a voter,you submit the
corrected ballot instead of the original one received in Ward 2 and Ward 4.
Any already-submitted ballots with discrepancies will be voided, and the replacement
ballots will be utilized in ensuring proper vote counts in the City of Laurel Municipal
General Election.
According to Yellowstone County's Election Office, Ward 1 and Ward 3 voters were not
impacted by this mistake. Should you have any questions regarding your ballot, please
reach out to Yellowstone County Election's Office at 406-256-2740. Please be advised that
the City does not manage local elections.The City of Laurel wanted to make sure everyone
had been notified of this issue.
If you are unsure which Ward you reside in, a copy of the City's Ward map has been
provided.
ZQ8&ORN OR
WRAMSHORN DR
MIL AIAtE. �o
rc y8
4. w
TOOK OR w
o
y.
3 L) va O 8 a a
U L �
4
WILD LU PINE OR /
YARD OFFICE ROAD SOUTH STRAU CH RD
PONDERO
AVE r L J
pi a MC ML
cl
y, z NUTMEG
I
7r > L
o� s z
p 8a
z
- a $'.KNVER ME E LINDY LN �\
-
W K
Q
w
dl ELAVE w — \
rn
(((yyy RNEAVE \
J � _ ELM!AVE p
a W tr r
try HtB _ T1 DATEAVE w /
YO � l w� � �iG � `\✓
�1 W
g 'd CIARWOOOAVE
GREEN BLUFF AW+ BIRCH AVE
_ BERNHARDT R
v I V IDAFIO AVE v
pK r
w I I S,WASHINGTON
Y
zO m3)Nv� WASHINGTON AVE �
LL O I I�I�iTOCl x H- F �
I ,"o
w., WYOMING AVE"_�
uto x, r� w
�\ oz N LO°7 d O = .m w w
< F
�•� PENNSYLVANIA m o O a'.__ IFENNSYLVANIA AVE w w
AVE _
w, O
xl, y
MON TANAAVE
x; x MCNTANAAVE ml TAN
w wti ST AVE sFSTAVE
MAPLE
AVE
n 05\'�E� a
rc-IL - W n. T CEDAR m y
a N -AAO 0i z 3 WOODLAND v.
1 ♦T�XVE r C ar uF
O (Gi 4 I :4TH AVE ®�� p G r YELLOWS
"YELLOWS
TONE AVE
t- p 3:DURLAND I
STH AVE z. N z It t•_i
FORRESTAVE �I BOBCAT Qj�
z
C z WESTAVE m yr
�� u. Ip BEARTOOTH �M' u)
9 - ppIVE _ .�
a � I _ S vE—
g O DR, ¢o Id 9TH AVE Z 9TH AVE
Ez�L)j!K C)Z t 0'I'H
a'F' OWUfrilO t~il -
o w n<F.i� 11THAVE -�V N J
6 N_�R Q .�__ /
cw7v �z�Vaw N 12TH AVE 2 Sf RE
an au+c 3 i3TH AVE 11TH AVE N I 9NE 1
F sTM
ANNS PL nvE
yy7 3 ]IN'
d BETTY
N ¢moo AVE IFG crvs clR
of f
— w
LL O= ^ J E t SOUTH 16TH AVE
t
z
J+ Y
J = of o
17TH AVE �t d-
d
�PIMLaIR Q U SNCWIR CR =t 7
},T �/ IXNAL DR ex,0 I l
■ ¢& I
U n i> 19TH AVE WEST
3 x GOLF COURSE RQr -7-
Lu i
t