Bill Summary – FastDemocracy

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68th Legislature 2023                                                                           HB 856.1
                                        HOUSE BILL NO. 856
     INTRODUCED BY M. REGIER, K. ABBOTT, K. BOGNER, T. BROCKMAN, J. CARLSON, W. CURDY, L.
   DEMING, J. DOOLING, M. DUNWELL, J. ELLIS, J. ELLSWORTH, D. EMRICH, J. ESP, T. FALK, D. FERN, P.
    FIELDER, S. FITZPATRICK, P. FLOWERS, M. FOX, C. FRIEDEL, S. GIST, J. GROSS, S. GUNDERSON, J.
      HAMILTON, D. HARVEY, D. HAYMAN, J. HINKLE, C. HINKLE, L. JONES, G. KMETZ, R. KNUDSEN, R.
      LYNCH, E. MCCLAFFERTY, T. MCGILLVRAY, W. MCKAMEY, T. MOORE, S. MORIGEAU, F. NAVE, S.
    O'BRIEN, A. OLSEN, G. PARRY, C. POPE, J. READ, A. REGIER, W. SALES, D. SALOMON, J. SMALL, K.
   SULLIVAN, P. TUSS, T. VERMEIRE, S. VINTON, K. WALSH, S. WEBBER, J. WELBORN, D. ZOLNIKOV, D.
     BAUM, L. BISHOP, A. BUCKLEY, M. CAFERRO, B. CARTER, J. COHENOUR, T. FRANCE, D. HAWK, S.
       HOWELL, J. KARLEN, C. KEOGH, E. KERR-CARPENTER, K. KORTUM, J. LYNCH, M. MARLER, E.
     MATTHEWS, M. ROMANO, F. SMITH, L. SMITH, E. STAFMAN, S. STEWART PEREGOY, M. THANE, M.
                              WEATHERWAX, J. WINDY BOY, Z. ZEPHYR
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE CAPITOL
  COMPLEX; PROVIDING THAT THE LEGISLATURE SHALL DETERMINE THE NECESSARY LEGISLATIVE
  SPACE IN THE CAPITOL AND ON THE CAPITOL COMPLEX; PROVIDING FOR THE LEGISLATURE TO
  ALLOCATE LEGISLATIVE SPACE; RESERVING AND DEFINING LEGISLATIVE SPACE IN THE CAPITOL
  AND ON THE CAPITOL COMPLEX; RESERVING AND DEFINING THE GOVERNOR'S SPACE IN THE
  CAPITOL AND ON THE CAPITOL COMPLEX; PROVIDING DEFINITIONS; PROVIDING THAT THE
  DEPARTMENT OF ADMINISTRATION SHALL CONTINUE TO PROVIDE CUSTODIAL AND MAINTENANCE
  SERVICES FOR DESIGNATED LEGISLATIVE SPACE; REQUIRING THE DEPARTMENT OF
  ADMINISTRATION TO SUBMIT ANY UPDATED CAPITOL AREA MASTER PLAN TO THE LEGISLATIVE
  COUNCIL; REQUIRING THE LEGISLATIVE COUNCIL, WITH CONSULTATION OF THE LEGISLATIVE
  AUDIT COMMITTEE AND THE LEGISLATIVE FINANCE COMMITTEE, TO PREINTRODUCE A JOINT
  RESOLUTION TO CONSENT OR NOT CONSENT TO AN UPDATED CAPITOL AREA MASTER PLAN;
  REQUIRING THE LEGISLATIVE COUNCIL, WITH CONSULTATION OF THE LEGISLATIVE AUDIT
  COMMITTEE AND THE LEGISLATIVE FINANCE COMMITTEE, TO DEVELOP A LONG-RANGE
  LEGISLATIVE BRANCH CAPITOL CAPITAL DEVELOPMENT PLAN THAT IS INCORPORATED INTO THE
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68th Legislature 2023                                                                                            HB 856.1
  CAPITOL MASTER PLAN; REQUIRING THE DEPARTMENT TO PROVIDE NECESSARY PERSONNEL AND
  RESOURCES TO ASSIST THE LEGISLATIVE COUNCIL IN DEVELOPING THE LONG-RANGE
  LEGISLATIVE BRANCH CAPITOL CAPITAL DEVELOPMENT PLAN; PROVIDING FOR THE RENOVATION,
  REPLACEMENT, OR CONSTRUCTION OF COMPLEX FACILITIES FOR STATE WORKFORCE
  DEVELOPMENT AND LEGISLATIVE SPACE; ESTABLISHING CAPITOL COMPLEX LONG-RANGE CAPITAL
  PROJECTS STATE SPECIAL REVENUE ACCOUNTS FOR THE EXECUTIVE BRANCH AND THE
  LEGISLATIVE BRANCH; PROVIDING FOR ELIGIBLE USES OF THE FUND; PROVIDING FOR TRANSFER
  FROM THE GENERAL FUND TO THE ACCOUNTS; PROVIDING AN APPROPRIATION; PROVIDING
  LEGISLATIVE CONSENT; AMENDING SECTIONS 2-17-101, 2-17-108, 2-17-802, 2-17-805, 2-17-806, AND 2-
  17-811, MCA; AND PROVIDING EFFECTIVE DATES.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 2-17-101, MCA, is amended to read:
          "2-17-101.   (Temporary) Allocation of space -- leasing -- definition. (1) The department of
  administration shall determine the space required by state agencies other than the legislature and the
  legislative space designated in [section 3] and 2-17-802 and the university system and shall allocate space in
  buildings owned or leased by the state, based on each agency's need. To efficiently and effectively allocate
  space, the department shall identify the amount, location, and nature of space used by each agency, including
  summary information on average cost per square foot for each municipality, and report this to the office of
  budget and program planning and to the legislative fiscal analyst by September 1 of each even-numbered year.
  The report must be provided in an electronic format. The department of administration shall provide a copy of
  the report to the legislature in accordance with 5-11-210.
          (2)      An agency requiring additional space shall notify the department. The department, in
  consultation with the agency, shall determine the amount and nature of the space needed and locate space
  within a building owned or leased by the state, including buildings in Helena and in other areas, to meet the
  agency's requirements. If space is not available in a building owned or leased by the state, the department shall
  locate space to be leased in an appropriate existing building or a build-to-lease building, including buildings in
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68th Legislature 2023                                                                                               HB 856.1
  Helena and in other areas, or recommend alternatives to leasing, such as remodeling or exchanging space with
  another agency. A state agency may not lease, rent, or purchase real property without prior approval of the
  department.
             (3)   (a) The location of the chambers for the house of representatives must be determined in the sole
  discretion of the house of representatives. The location of the chambers for the senate must be determined in
  the sole discretion of the senate.
             (b)   Subject to 2-17-108, the department, with the advice of the legislative council, shall allocate other
  space for the use of the legislature, including but not limited to space for committee rooms and legislative
  offices.
             (4)      The department shall consolidate the offices of state agencies in a single, central location
  within a municipality whenever the consolidation would result in a cost savings to the state while permitting
  sufficient space and facilities for the agencies. The department may purchase, lease, or acquire, by exchange
  or otherwise, land and buildings in a municipality to achieve consolidation. Offices of the law enforcement
  services division and motor vehicle division of the department of justice are exempted from consolidation.
             (5)      Any lease for more than 45,000 square feet or for a term of more than 20 years must be
  submitted as part of the long-range building program and approved by the legislature before the department of
  administration may proceed with the lease. Multiple leases in the same building entered into within any 60-day
  period are to be aggregated for purposes of this threshold calculation. When immediate relocation of agency
  employees is required due to a public exigency, the requirements of this subsection do not apply, but the new
  lease must be reported as required by subsection (1).
             (6)      The department shall include language in every lease providing that if funds are not
  appropriated or otherwise made available to support continued performance of the lease in subsequent fiscal
  periods, the lease must be canceled.
             (7)      "Public exigency" means that due to unforeseen circumstances a facility occupied by state
  employees is uninhabitable due to immediate conditions that adversely impact the health or safety of the
  occupants of the facility. (Terminates June 30, 2023--sec. 3, Ch. 401, L. 2019.)
             2-17-101. (Effective July 1, 2023) Allocation of space -- leasing -- definition. (1) The department
  of administration shall determine the space required by state agencies other than the legislature and the
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68th Legislature 2023                                                                                               HB 856.1
  legislative space designated in [section 3] and 2-17-802 and the university system and shall allocate space in
  buildings owned or leased by the state, based on each agency's need. To efficiently and effectively allocate
  space, the department shall identify the amount, location, and nature of space used by each agency, including
  summary information on average cost per square foot for each municipality, and report this to the office of
  budget and program planning and to the legislative fiscal analyst by September 1 of each even-numbered year.
  The report must be provided in an electronic format. The department of administration shall provide a copy of
  the report to the legislature in accordance with 5-11-210.
             (2)      An agency requiring additional space shall notify the department. The department, in
  consultation with the agency, shall determine the amount and nature of the space needed and locate space
  within a building owned or leased by the state, including buildings in Helena and in other areas, to meet the
  agency's requirements. If space is not available in a building owned or leased by the state, the department shall
  locate space to be leased in an appropriate existing building or a build-to-lease building, including buildings in
  Helena and in other areas, or recommend alternatives to leasing, such as remodeling or exchanging space with
  another agency. A state agency may not lease, rent, or purchase real property without prior approval of the
  department.
             (3)   (a) The location of the chambers for the house of representatives must be determined in the sole
  discretion of the house of representatives. The location of the chambers for the senate must be determined in
  the sole discretion of the senate.
             (b)   Subject to 2-17-108, the department, with the advice of the legislative council, shall allocate other
  space for the use of the legislature, including but not limited to space for committee rooms and legislative
  offices.
             (4)      The department shall consolidate the offices of state agencies in a single, central location
  within a municipality whenever the consolidation would result in a cost savings to the state while permitting
  sufficient space and facilities for the agencies. The department may purchase, lease, or acquire, by exchange
  or otherwise, land and buildings in a municipality to achieve consolidation. Offices of the law enforcement
  services division and motor vehicle division of the department of justice are exempted from consolidation.
             (5)      Any lease for more than 40,000 square feet or for a term of more than 20 years must be
  submitted as part of the long-range building program and approved by the legislature before the department of
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68th Legislature 2023                                                                                            HB 856.1
  administration may proceed with the lease. Multiple leases in the same building entered into within any 60-day
  period are to be aggregated for purposes of this threshold calculation. When immediate relocation of agency
  employees is required due to a public exigency, the requirements of this subsection do not apply, but the new
  lease must be reported as required by subsection (1).
            (6)     The department shall include language in every lease providing that if funds are not
  appropriated or otherwise made available to support continued performance of the lease in subsequent fiscal
  periods, the lease must be cancelled.
            (7)     "Public exigency" means that due to unforeseen circumstances a facility occupied by state
  employees is uninhabitable due to immediate conditions that adversely impact the health or safety of the
  occupants of the facility."
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            Section 2. Section 2-17-108, MCA, is amended to read:
            "2-17-108.   Allocation of legislative rooms and offices space. Notwithstanding the provisions of 2-
  17-101, after each session of the legislature, the department of administration shall conduct an inventory of the
  rooms and offices in the capitol controlled by the house of representatives and the senate.
            (1) Legislative space in the capitol and on the capitol complex may not be reduced without the consent
  of the legislature. The control of the rooms, committee hearing rooms, and offices for legislators and session
  and exempt legislative staff may not be changed without the permission of the speaker of the house of
  representatives, the minority leader of the house, the president of the senate, and the minority leader of the
  senate.
            (2)     During the interim between legislative sessions from the day after sine die of a session through
  December 1 in an even year, the legislative services division, under the direction of legislative council in
  consultation with the legislative audit committee and the legislative finance committee, shall schedule and
  reserve legislative committee hearing rooms."
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            NEW SECTION. Section 3.         Reservation of space for legislature -- legislative council duties. (1)
  The legislative space on the capitol complex includes:
            (a)     in the state capitol:
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68th Legislature 2023                                                                                                 HB 856.1
          (i)      the entire fourth floor;
          (ii)     the entire third floor, including the senate and house chambers;
          (iii)    the area of the second floor west of the west elevator shaft, occupied by the secretary of state;
          (iv)     the entire first floor, except for the post office space;
          (v)      the entire basement level;
          (vi)     any existing wiring closets and custodial areas within or serving legislative space designated in
  this section; and
          (vii)    existing network infrastructure within or serving legislative space designated in this section.
          (b)      the entire old board of health building located at 1301 Lockey avenue;
          (c)      additional buildings that may be acquired or constructed for the use of the legislative branch;
  and
          (d)      the legislative parking area as defined in 2-17-802.
          (2)      (a) Except as provided in 2-17-101(3), 2-17-108, and subsection (2)(b) of this section, the
  legislative council shall exercise complete jurisdiction over the legislative space except for the following:
          (i)      the capitol complex advisory council and the department responsibilities for the legislative
  space as provided for in Title 2, chapter 17, part 8; and
          (ii)     department control of:
          (A)      except as provided in this section, central utility functions, including but not limited to
  mechanical and electronic functions and the electric core of the capitol and the legislative space;
          (B)      general maintenance of the legislative space;
          (C)      maintenance of all the elevators and stairways in the legislative space;
          (D)      maintenance of rest rooms in the legislative space;
          (E)      existing press space in the basement level;
          (F)      phone systems in the legislative space, except that the legislature retains the jurisdiction and
  authority to install a new phone system; and
          (G)      custodial care pursuant to 2-17-811 for the legislative space.
          (b)      The legislative council, with consultation of the legislative audit committee and the legislative
  finance committee, shall exercise jurisdiction over the:
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68th Legislature 2023                                                                                             HB 856.1
          (i)      long-range legislative branch capitol development plan;
          (ii)     allocation, maintenance, or remodeling of legislative space for nonpartisan legislative staff;
          (iii)    allocation of legislative parking area space; and
          (iv)     occupancy of nonlegislative entities in legislative space.
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          NEW SECTION. Section 4.           Reservation of space for governor. (1) The governor's space on the
  capitol complex includes:
          (a)      in the capitol, the entire second floor, except the legislative space temporarily reserved for the
  secretary of state pursuant to [section 3] and 2-17-802;
          (b)      the executive residence located at 2 Carson street;
          (c)      parking lots, parking garages, and the parking area designated in 2-17-802; and
          (d)      additional buildings that may be acquired or constructed for the use of the governor.
          (2)      The governor shall exercise complete jurisdiction over the governor's space except for the
  following:
          (a)      the capitol complex advisory council and the department responsibilities for the governor's
  space as provided for in Title 2, chapter 17, part 8; and
          (b)      department control of:
          (i)      central utility functions, including but not limited to mechanical and electronic functions and the
  electric core of the capitol and the governor's