Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                                   HB 400.1
                                                        HOUSE BILL NO. 400
                                                  INTRODUCED BY B. MERCER
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  A BILL FOR AN ACT ENTITLED: “AN ACT ELIMINATING THE OPTION TO PROVIDE ORAL ENTITY
  REPORTS TO THE LEGISLATURE INSTEAD OF WRITTEN ENTITY REPORTS; AND AMENDING
  SECTIONS 5-11-210, 5-11-222, AND 17-5-1650, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 5-11-210, MCA, is amended to read:
          "5-11-210.       Clearinghouse for reports to legislature. (1) (a) Except as provided in subsection (1)(b),
  an An entity required to report to the legislature in accordance with 5-11-222 shall provide to the executive
  director of the legislative services division:
          (i)(a)      the f inal title of the report;
          (ii)(b)     an abstract or description of the contents of the report, not to exceed 50 words, including
  ref erence to the statute establishing the required report;
          (iii)(c)    if the report is available electronically, its location on the internet and an electronic copy of the
  report; and
          (iv)(d)     unless provided electronically in accordance with subsection (1)(a)(iii)(c), a paper copy of the
  report with a recommendation on how many additional hard copies should be printed f or the legislature.
          (b)      If an oral report is provided in accordance with 5-11-222(4)(a), the reporting entity shall provide to
  the executive director of the legislative services division:
          (i)   the title of the report given;
          (ii) a description of the report, not to exceed 50 words, including ref erence to the statute establishing
  the required report; and
          (iii) the date the report was provided to an interim or administrative committee.
          (2)         The legislative services divisio n may require that a paper copy of a report provided in
  accordance with subsection (1)(a)(iv)(d) be submitted in an electronic f ormat.
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68th Legislature 2023                                                                                               HB 400.1
          (3)      Costs of preparing and distributing a report to the legislature, including writing, printing,
  postage, distribution, and all other costs, accrue to the reporting agency. Costs incurred in meeting the
  requirements of this section may not accrue to the legislative services division.
          (4)      The executive director of the legislative services division shall prepare a list of all reports
  required to be presented to the legislature in accordance with 5-11-222.
          (5)      (a) The executive director shall, as soon as possible f ollowing a general election, provide to
  each holdover senator, senator-elect, and representative-elect a list of the reports available. Legislators may
  then request copies of reports included on the list.
          (b)      The executive director of the legislative services division shall provide either paper copies or
  electronic copies of reports requested pursuant to subsection (5)(a) by either providing links to electronic copies
  or audio recordings of oral reports, or by delivering paper copies of the reports during the f irst week of the
  legislative session."
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          Section 2. Section 5-11-222, MCA, is amended to read:
          "5-11-222.      Reports to legislature. (1) (a) Except as provided in subsection (1)(b) and (6) (5), a report
  to the legislature means a biennial report required by the legislature and f iled in accordance with 5-11-210 on or
  bef ore September 1 of each year preceding the convening of a regular session of the legislature.
          (b)      If otherwise specif ied in law, a report may be required more or less f requently than the biennial
  requirement in subsection (1)(a).
          (2)      Reports to the legislature include:
          (a)      annual reports on the unif ied investment program f or public f unds and public retirement
  systems and state compensation insurance f und assets audits f rom the board of investments in accordance
  with Article VIII, section 13 of the Montana constitution;
          (b)      f ederal mandates requirements f rom the governor in accordance with 2-1-407;
          (c)      activities of the state records committee in accordance with 2-6-1108;
          (d)      revenue studies f rom the director of revenue, if requested, in accordance with 2-7-104;
          (e)      legislative audit reports f rom the legislative audit division in accordance with 2-8-112 and 23-7-
  410;
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68th Legislature 2023                                                                                               HB 400.1
          (f )     progress on gender and racial balance f rom the governor in accordance with 2-15-108;
          (g)      a mental health report f rom the ombudsman in accordance with 2-15-210;
          (h)      policies related to children and f amilies f rom the interagency coordinating council f or state
  prevention in accordance with 2-15-225;
          (i)      watercourse name changes, if any, f rom the secretary of state in accordance with 2-15-401;
          (j)      results of programs established in 2-15-3111 through 2-15-3113 f rom the livestock loss board
  in accordance with 2-15-3113;
          (k)      the allocation of space report f rom the department of administration required in accordance
  with 2-17-101;
          (l)      inf ormation technology activities in accordance with 2-17-512;
          (m)      state strategic inf ormation technology plan exceptions, if granted, f rom the department of
  administration in accordance with 2-17-515;
          (n)      the state strategic inf ormation technology plan and biennial report f rom the department of
  administration in accordance with 2-17-521 and 2-17-522;
          (o)      reports f rom standing, interim, and administrative committees, if prepared, in accordance with
  2-17-825 and 5-5-216;
          (p)      statistical and other data related to business transacted by the courts f rom the court
  administrator, if requested, in accordance with 3-1-702;
          (q)      the judicial standards commission report in accordance with 3-1-1126;
          (r)      an annual report on the actual cost of legislation that had a projected f iscal impact f rom the
  of f ice of budget and program planning in accordance with 5-4-208;
          (s)      a link to annual state agency reports on grants awarded in the previous f iscal year established
  by the legislative f inance committee in accordance with 5-12-208;
          (t)      reports prepared by the legislative f iscal analyst, and as determined by the analyst, in
  accordance with 5-12-302(4);
          (u)      a report, if necessary, on administrative policies or rules adopted under 5-11-105 that may
  impair the independence of the legislative audit division in accordance with 5-13-305;
          (v)      if a waste of state resources occurs, a report f rom the legislative state auditor, in accordance
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68th Legislature 2023                                                                                               HB 400.1
  with 5-13-311;
            (w)      school f unding commission reports each f if th interim in accordance with 5-20-301;
            (x)      a report of political committee operations conducted on state-owned property, if required, f rom
  a political committee to the legislative services division in accordance with 13-37-404;
            (y)      a report concerning taxable value f rom the department of revenue in accordance with 15-1-
  205;
            (z)      a report on tax credits f rom the revenue interim committee in accordance with 15-30-2303;
            (aa)     semiannual reports on the Montana heritage preservation and development account f rom the
  Montana heritage preservation and development commission in accordance with 15-65-121;
            (bb)     general marijuana regulation reports f rom the department of revenue in accordance with 16-12-
  110;
            (cc)     medical marijuana registry reports f rom the department of revenue in accordance with 16-12-
  532(3);
            (dd)     annual reports on general f und and nongeneral f und encumbrances f rom the department of
  administration in accordance with 17-1-102;
            (ee)     loans or loan extensions authorized f or two consecutive f iscal years f rom the department of
  administration and of f ice of commissioner of higher education, including negative cash balances f rom the
  commissioner of higher education, in accordance with 17-2-107;
            (f f )   a report of local government entities that have balances contrary to limitations provided f or in
  17-2-302 or that f ailed to reduce the charge f rom the department of administration in accordance with 17-2-304;
            (gg)     an annual report f rom the board of investments in accordance with 17-5-1650(2);
            (hh)     a report on retirement system trust investments and benef its f rom the board of investments in
  accordance with 17-6-230;
            (ii)     recommendations f or reductions in spending and related analysis, if required, f rom the of fice of
  budget and program planning in accordance with 17-7-140;
            (jj)     a statewide f acility inventory and condition assessment f rom the department of administration
  in accordance with 17-7-202;
            (kk)     actuary reports and investigations f or public retirement systems f rom the public employees'
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68th Legislature 2023                                                                                                HB 400.1
  retirement board in accordance with 19-2-405;
           (ll)    a work report f rom the public employees' retirement board in accordance with 19-2-407;
           (mm)    annual actuarial reports and evaluations f rom the teachers' retirement board in accordance with
  19-20-201;
           (nn)    reports f rom the state director of K-12 career and vocational and technical education, as
  requested, in accordance with 20-7-308;
           (oo)    5-year state plan f or career and technical education reports f rom the board of regents in
  accordance with 20-7-330;
           (pp)    a gif ted and talented students report f rom the of f ice of public instruction in accordance with 20-
  7-904;
           (qq)    status changes f or at-risk students f rom the of fice of public instruction in accordance with 20-9-
  328;
           (rr)    status changes f or American Indian students f rom the of fice of public instruction in accordance
  with 20-9-330;
           (ss)    reports regarding the Montana Indian language preservation program f rom the of f ice of public
  instruction in accordance with 20-9-537;
           (tt)    proposals f or f unding community colleges f rom the board of regents in accordance with 20-15-
  309;
           (uu)    expenditures and activities of the Montana agricultural experiment station and extension
  service, as requested, in accordance with 20-25-236;
           (vv)    reports, if requested by the legislature, f rom the president of each of the units of the higher
  education system in accordance with 20-25-305;
           (ww)    reports, if prepared by a public postsecondary institution, regarding f ree expression activities on
  campus in accordance with 20-25-1506;
           (xx)    reports f rom the Montana historical society trustees in accordance with 22-3-107;
           (yy)    state lottery reports in accordance with 23-7-202;
           (zz)    a report f rom the division of banking and f inancial institutions, if required, f rom the department
  of administration in accordance with 32-11-306;
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68th Legislature 2023                                                                                                  HB 400.1
          (aaa)      state f und reports, if required, f rom the commissioner in accordance with 33-1-115;
          (bbb)      reports f rom the department of labor and industry in accordance with 39-6-101;
          (ccc)      victim unemployment benef its reports f rom the department of labor and industry in accordance
  with 39-51-2111;
          (ddd)      state f und business reports in accordance with 39-71-2363;
          (eee)      risk-based capital reports, if required, f rom the state f und in accordance with 39-71-2375;
          (f f f )   child custody reports f rom the of f ice of the court administrator in accordance wi th 41-3-1004;
          (ggg)      reports of remission of f ine or f orf eiture, respite, commutation, or pardon granted f rom the
  governor in accordance with 46-23-316;
          (hhh)      annual statewide public def ender reports f rom the of fice of state public def ender in accordance
  with 47-1-125;
          (iii)      a trauma care system report f rom the department of public health and human services in
  accordance with 50-6-402;
          (jjj)      an older Montanans trust f und report f rom the department of public health and human services
  in accordance with 52-3-115;
          (kkk)      Montana criminal justice oversight council reports in accordance with 53-1-216;
          (lll)      medicaid block grant reports f rom the department of public health and human services in
  accordance with 53-1-611;
          (mmm) reports on the approval and implementation status of medicaid section 1115 waivers in
  accordance with 53-2-215;
          (nnn)      provider rate, medicaid waiver, or medicaid state plan change reports f rom the department of
  public health and human services in accordance with 53-6-101;
          (ooo)      medicaid f unding reports f rom the department of public health and human services in
  accordance with 53-6-110;
          (ppp)      proposals regarding managed care f or medicaid recipients, if required, f rom the department of
  public health and human services in accordance with 53-6-116;
          (qqq)      suicide reduction plans f rom the department of public health and human services in
  accordance with 53-21-1102;
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68th Legislature 2023                                                                                               HB 400.1
            (rrr)      a compliance and inspection report f rom the department of corrections in accordance with 53-
  30-604;
            (sss)      emergency medical services grants f rom the department of transportation in accordance with
  61-2-109;
            (ttt)      annual f inancial reports on the environmental contingency account f rom the department of
  environmental quality in accordance with 75-1-1101;
            (uuu)      the Flathead basin commission report in accordance with 75-7-304;
            (vvv)      a report f rom the land board, if prepared, in accordance with 76-12-109;
            (www) an annual state trust land report f rom the land board in accordance with 77-1-223;
            (xxx)      a noxious plant report, if prepared, f rom the department of agriculture in accordance with 80-7-
  713;
            (yyy)      state water plans f rom the department of natural resources and conservation in accordance
  with 85-1-203;
            (zzz)      reports on the allocation of renewable resources grants and loans f or emergencies, if required,
  f rom the department of natural resources and conservation in accordance with 85-1-605;
            (aaaa) water storage projects f rom the governor's of fice in accordance with 85-1-704;
            (bbbb) upper Clark Fork River basin steering committee reports, if prepared, in accordance with 85-2-
  338;
            (cccc) upland game bird enhancement program reports in accordance with 87-1-250;
            (dddd) private land/public wildlif e advisory committee reports in accordance with 87-1-269;
            (eeee) a f uture f isheries improvement program report f rom the department of f ish, wildlif e, and parks in
  accordance with 87-1-272;
            (f f ff)   license revenue recommendations f rom the department of f ish, wildlife, and parks in
  accordance with 87-1-629;
            (gggg) land inf ormation data reports f rom the state library in accordance with 90-1-404;
            (hhhh) hydrocarbon and geology investigation reports f rom the bureau of mines and geology in
  accordance with 90-2-201;
            (iiii)     coal ash markets investigation reports f rom the department of commerce in accordance with
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68th Legislature 2023                                                                                              HB 40