The House Appropriations - Government Operations Division voted to attach amendment 02006 with agreed changes after members debated how oil‑related transportation dollars are distributed, the timing of an environmental study for Highway 85, and funding for Department of Transportation operations including state aircraft and the statewide siren program.
The committee, chaired by Chairman Munson, heard detailed instruction from staff member Ron Henke on multiple technical edits in the bill, including language that affects a flexible transportation fund and a bridge carve‑out. "That goes to everybody," Henke said, describing an earlier edit that removed a "non oil" limitation and would make a 43 percent carve‑out available to all counties, cities and townships. Henke told the committee that the 13.5 percent bridge carve‑out still included a "non oil" limitation, and he recommended flipping the two provisions if that matched the committee's intent.
Why it matters: The changes would shift which local governments can use limited, oil‑related transportation dollars and alter eligibility for bridge funding, affecting distributions to counties and municipalities across the state.
Key changes and discussion
- Flexible transportation fund and bridge carve‑out: Henke flagged that the amendment’s language as drafted would make the 43 percent flexible fund share go to every county, city and township; the 13.5 percent bridge carve‑out still referenced "non oil" counties. Committee members agreed to reverse those lines so the 43 percent would be limited to non‑oil producing counties while the bridge funding would be available statewide, pending final drafting.
- Barrels threshold and Divide County: Committee members discussed a 10,000,000‑barrel threshold that determines eligibility. Members said leadership had agreed to keep the 10 million‑barrel figure for now but that a change to 20 million would require further discussion in conference committee. Representative Bosch noted other metrics might replace barrels in the future; the committee left the 10 million figure in place "for now." Committee members repeatedly noted the timing of distributions can leave counties such as Divide County sometimes ineligible for early biennium funding; staff said other flex dollars and DOT project pools could be available if the county applies.
- Section 12 / Industrial Commission: Members agreed that language in Section 12 was redundant with an Industrial Commission bill that places certain bank‑administration provisions in the Industrial Commission bill. Committee members agreed Section 12 could be removed from this amendment if the Industrial Commission bill carries the same provisions.
- Highway 85 environmental study (Section 20): Henke and DOT staff proposed delaying the start of a new environmental document for Highway 85 until construction on the last segment covered by the current environmental clearance begins. Henke said the intent was to avoid starting a lengthy study now and then having to identify additional phases before receiving a federal finding of no significant impact (FONSI). Committee members supported using a drafting option that delays the new environmental review until a later construction trigger.
- State aircraft and pilots, and siren operations: The amendment discussion included a request to fund continued operation of two state King Air aircraft and related staffing. DOT staff said the committee would need about $3.6 million to fund aircraft operations (including pilot pay) and additional budget authority of about $2 million to enable internal chargebacks for siren operations and related contracts. Committee members discussed two new full‑time positions: one pilot (estimated salary $236,000) and a program/project manager (estimated about $472,000). DOT staff said the siren program involves roughly 44 contracts (one speaker said "about 144" in a separate remark), and that a dedicated staffer would be needed to manage renewals and leases; the committee agreed to include the additional FTE for siren management and to fund aircraft operations in the amendment as discussed.
Quotes from the meeting
"We're not gonna rush it and kick out an inferior product here," Chairman Munson said as members debated whether to delay action until staff redrafted the amendment.
Representative Kemptnick moved to include the airport/pilot funding (SIF) and the additional positions; after a second by Representative Bosch, the committee voted to attach amendment 02006 with the discussed edits.
Formal action and next steps
Representative Brandenburg moved to attach amendment 02006 "with the amendments that we discussed with Brady," and Representative Bosch seconded. The clerk recorded a roll‑call vote: Chairman Munson — yes; Vice Chair Brandenburg — yes; Representative Bosch — yes; Representative Fisher — yes; Representative Kempenek — yes; Representative Meyer — yes; Representative Pyle — yes. The motion carried.
The committee directed staff to redraft the amendment. Brent (staff) said the redraft would be ready the following morning. The panel took no further action pending review of the final, redrafted amendment and recessed until after the floor session.
What the committee did not decide
Members repeatedly said several items would be finalized in conference committee, including the township mill levy level (the House draft includes 24 mills; the Senate draft used 18 mills) and any final change to the barrels threshold for eligibility. Committee members also noted some numeric details and contract counts were approximate and will be confirmed in the redraft.
Ending
Committee members agreed to return to the amendment once staff circulates the redrafted language; the panel recessed to take up the Industrial Commission agenda item after the session.