Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                                      HB 412.1
                                                   HOUSE BILL NO. 412
                                              INTRODUCED BY D. BEDEY
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING THE CODE OF ETHICS; EXPANDING
  THE PROHIBITION ON THE USE OF PUBLIC RESOURCES FOR POLITICAL PURPOSES; EXPANDING
  PORTIONS OF THE CODE OF ETHICS TO JUDICIAL OFFICERS; PROHIBITING THE USE OF THE GREAT
  SEAL OR OFFICIAL STATE LETTERHEAD FOR CERTAIN COMMUNICATIONS; PROVIDING DEFINITIONS;
  AMENDING SECTIONS 2-2-102, 2-2-103, 2-2-121, 2-2-136, AND 13-35-226, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.           Use of public resource for political purposes. (1) Except as provided
  in subsection (2), a judicial of f icer, public officer, legislator, or public employee may not use or permit the use of
  public time, f acilities, equipment, state letterhead, supplies, personnel, or f unds to solicit support for or
  opposition to any political committee, the nomination or election of any person to public of fice, or the passage of
  a ballot issue unless the use is:
          (a)      authorized by law; or
          (b)      properly incidental to another activity required or authorized by law, such as the f unction of a
  judicial of f icer, public officer, legislator, or public employee in the normal course of duties.
          (2)      As used in subsection (1), "properly incidental to another activity required or authorized by law"
  does not include any activities related to solicitation of support f or or opposition to the nomination or election of
  a person to public of fice or political committees organized to support or oppose a candidate or candidates f or
  public of fice. With respect to ballot issues, properly incidental activities are restricted to:
          (a)      the activities of a judicial of ficer, public officer, legislator, or public employee related to
  determining the impact of passage or f ailure of a ballot issue on state or local government operations;
          (b)      in the case of a school district, as def ined in Title 20, chapter 6, compliance with the
  requirements of law governing public meetings of the local board of trustees, including the resulting
  dissemination of inf ormation by a board of trustees or a school s uperintendent or a designated employee in a
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68th Legislature 2023                                                                                                     HB 412.1
  district with no superintendent in support of or opposition to a bond issue or levy submitted to the electors.
  Public f unds may not be expended f or any f orm of commercial advertising in support of or opposition t o a bond
  issue or levy submitted to the electors.
           (3)      Subsection (1) is not intended to restrict the right of a judicial of f icer, public officer, legislator, or
  public employee to express personal political views.
           (4)      (a) If the public of f icer or public employee is a Montana highway patrol chief or highway patrol
  of f icer appointed under Title 44, chapter 1, the term "equipment" as used in subsection (1) includes the chief 's
  or of ficer's official highway patrol unif orm.
           (b)      A Montana highway patrol chief 's o r highway patrol of f icer's title may not be ref erred to in the
  solicitation of support f or or opposition to any political committee, the nomination or election of any person to
  public of fice, or the passage of a ballot issue.
           (5)      A judicial of f icer, public officer, legislator, or public employee that violates this section may also
  be prosecuted by the appropriate county attorney f or of f icial misconduct as specified in 45-7-401.
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           Section 2. Section 2-2-102, MCA, is amended to read:
           "2-2-102.    Definitions. As used in this part, the f ollowing def initions apply:
           (1)      "Business" includes a corporation, partnership, sole proprietorship, trust or f oundation, or any
  other individual or organization carrying on a business, whether or not operated f or prof it.
           (2)      "Compensation" means any money or economic benef it conf erred on or received by any
  person in return f or services rendered or to be rendered by the person or another.
           (3)      (a) "Gif t of substantial value" means a gif t with a value of $50 or more f or an individual.
           (b)      The term does not include:
           (i)      a gif t that is not used and that, within 30 days af ter receipt, is returned to the donor or delivered
  to a charitable organization or the state and that is not claimed as a charitable contribution f or f ede ral income
  tax purposes;
           (ii)     f ood and beverages consumed on the occasion when participation in a charitable, civic, or
  community event bears a relationship to the public of ficer's or public employee's office or employment or when
  the of f icer or employee is in attendance in an of f icial capacity;
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68th Legislature 2023                                                                                                       HB 412.1
           (iii)     educational material directly related to of ficial governmental duties;
           (iv)      an award publicly presented in recognition of public service; or
           (v)       educational activity that:
           (A)       does not place or appear to place the recipient under obligation;
           (B)       clearly serves the public good; and
           (C)       is not lavish or extravagant.
           (4)       "Judicial of f icer" includes all judicial of f icers, justices, district court judges, and judges of the
  judicial branch of state government.
           (4)(5)    "Local government" means a county, a consolidated government, an incorporated city or town,
  a school district, or a special district.
           (5)(6)    "Of f icial act" or "of ficial action" means a vote, decision, recommendation, approval, disapproval,
  or other action, including inaction, that involves the use of discretionary authority.
           (6)(7)    "Private interest" means an interest held by an individual that is:
           (a)       an ownership interest in a business;
           (b)       a creditor interest in an insolvent business;
           (c)       an employment or prospective employment f or which negotiations have begun;
           (d)       an ownership interest in real property;
           (e)       a loan or other debtor interest; or
           (f )      a directorship or of f icership in a business.
           (7)(8)    "Public employee" means:
           (a)       any temporary or permanent employee of the state;
           (b)       any temporary or permanent employee of a local government;
           (c)       a member of a quasi-judicial board or commission or of a board, commission, or committee
  with rulemaking authority; and
           (d)       a person under contract to the state.
           (8)(9)    "Public inf ormation" has the meaning provided in 2-6-1002.
           (9)(10)   (a) "Public of f icer" includes any state of f icer and any elected of f icer of a local government.
           (b)       For the purposes of 67-11-104, the term also includes a commissioner of an airport authority.
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68th Legislature 2023                                                                                                    HB 412.1
           (10)(11) "Special district" means a unit of local government, authorized by law to perf orm a single
  f unction or a limited number of f unctions. The term includes but is not limited to conservation districts, water
  districts, weed management districts, irrigation districts, f ire districts, community college districts, hospital
  districts, sewer districts, and transportation districts. The term also includes any district or other entity f ormed by
  interlocal agreement.
           (11)(12) (a) "State agency" includes:
           (i)      the state;
           (ii)     the legislature and its committees;
           (iii)    all executive departments, boards, commissions, committees, bureaus, and of fices;
           (iv)     the university system; and
           (v)      all independent commissions and other establishments of the state government.
           (b)      The term does not include the judicial branch.
           (13)     "State letterhead" means an electronic or written document that contains the great seal of the
  state provided f or in 1-1-501 or purports to be a document f rom the state, a state agency, or a local
  government.
           (12)(14) "State of f icer" includes all elected of ficers and directors of the executive branch of state
  government as def ined in 2-15-102."
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           Section 3. Section 2-2-103, MCA, is amended to read:
           "2-2-103.   Public trust -- public duty. (1) The holding of public office or employment is a public trust,
  created by the conf idence that the electorate reposes in the integrity of judicial of ficers, public officers,
  legislators, and public employees. A judicial of f icer, public officer, legislator, or public employee shall carry out
  the individual's duties f or the benef it of the people of the state.
           (2)      A judicial of f icer, public officer, legislator, or public employee whose conduct departs f rom the
  person's public duty is liable to the people of the state and is subject to the penalties provided in this part f or
  abuse of the public's trust.
           (3)      This part sets f orth various rules of conduct, the transgression of any of which is a violation of
  public duty, and various ethical principles, the transg ression of any of which must be avoided.
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68th Legislature 2023                                                                                                      HB 412.1
           (4)        (a) The enf orcement of this part f or:
           (i)        judicial of f icers, state officers, legislators, and state employees is provided f or in 2-2-136;
           (ii)       legislators, involving legislative acts, is provided f or in 2-2-135 and f or all other acts is provided
  f or in 2-2-136;
           (iii)      local government of f icers and employees is provided f or in 2-2-144.
           (b)        Any money collected in the civil actions that is not reimbursement f or the cost of the action
  must be deposited in the general f und of the unit of government."
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           Section 4. Section 2-2-121, MCA, is amended to read:
           "2-2-121.     Rules of conduct for public officers and public employees. (1) Proof of commission of
  any act enumerated in subsection (2) is proof that the actor has breached a public duty.
           (2)        A public of ficer or a public employee may not:
           (a)        subject to subsection (7) (6), use public time, f acilities, equipment, state letterhead, supplies,
  personnel, or f unds f or the of ficer's or employee's private business purposes;
           (b)        engage in a substantial f inancial transaction f or the of f icer's or employee's private business
  purposes with a person whom the of f icer or employee inspects or supervises in the course of of ficial duties;
           (c)        assist any person f or a f ee or other compensation in obtaining a contract, claim, license, or
  other economic benef it f rom the of f icer's or employee's agency;
           (d)        assist any person f or a contingent f ee in obtaining a contract, claim, license, or other economic
  benef it f rom any agency;
           (e)        perf orm an of f icial act directly and substantially af f ecting to its economic benef it a business or
  other undertaking in which the of f icer or employee either has a substantial f inancial interest or is engaged as
  counsel, consultant, representative, or agent; or
           (f )       solicit or accept employment, or engage in negotiations or meetings to consider employment,
  with a person whom the of ficer or employee regulates in the course of of ficial duties without f irst giving written
  notif ication to the of ficer's or employee's supervisor and department director.
           (3)     (a) Except as provided in subsection (3)(b), a public of f icer or public employee may not use or
  permit the use of public time, f acilities, equipment, supplies, personnel, or f unds to solicit support f or or
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68th Legislature 2023                                                                                                         HB 412.1
  opposition to any political committee, the nomination or election of any person to public of fice, or the passage of
  a ballot issue unless the use is:
           (i)   authorized by law; or
           (ii) properly incidental to another activity required or authorized by law, such as the f unction of an
  elected public of ficer, the of ficer's staff, or the legislative staf f in the normal course of duties.
           (b)   As used in this subsection (3), "properly incidental to another activity required or authorized by
  law" does not include any activities related to solicitation of support for or opposition to the nomination or
  election of a person to public of fice or political committees organized to support or oppose a candidate or
  candidates f or public of fice. With respect to ballot issues, properly incidental activities are restricted to:
           (i)   the activities of a public of f icer, the public of ficer's staff, or legislative staff related to determining
  the impact of passage or f ailure of a ballot issue on state or local government operations;
           (ii) in the case of a school district, as def ined in Title 20, chapter 6, compliance with the requirements
  of law governing public meetings of the local board of trustees, including the resulting dissemination of
  inf ormation by a board of trustees or a school superintendent or a designated employee in a district with no
  superintendent in support of or opposition to a bond issue or levy submitted to the electors. Public f unds may
  not be expended f or any f orm of commercial advertising in support of or opposition to a bond issue or levy
  submitted to the electors.
           (c)   This subsection (3) is not intended to restrict the right of a public of f icer or public employee to
  express personal political views.
           (d)   (i) If the public of f icer or public employee is a Montana highway patrol chief or highway patrol
  of f icer appointed under Title 44, chapter 1, the term "equipment" as used in this subsection (3) includes the
  chief 's or of ficer's official highway patrol unif orm.
           (ii) A Montana highway patrol chief 's or highway patrol of ficer's t itle may not be ref erred to in the
  solicitation of support f or or opposition to any political committee, the nomination or election of any person to
  public of fice, or the passage of a ballot issue.
           (4)(3)    (a) A candidate, as def ined in 13-1-101(8)(a), may not use or permit the use of state f unds f or
  any advertisement or public service announcement in a newspaper, on radio, or on television that contains the
  candidate's name, picture, or voice except in the case of a state or national emergency and then only if the
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68th Legislature 2023                                                                                                    HB 412.1
  announcement is reasonably necessary to the candidate's of ficial f unctions.
           (b)      A state of f icer may not use or permit the use of public time, f acilities, equipment, state
  letterhead, supplies, personnel, or f unds to produce, print, or broadcast any advertisement or public service
  announcement in a newspaper, on radio, or on television that contains the state of f icer's name, picture, or voice
  except in the case of a state or national emergency if the announcement is reasonably necessary to the state
  of f icer's official functions or in the case of an announcement directly related to a pro gram or activity under the
  jurisdiction of the of f ice or position to which the state of f icer was elected or appointed.
           (5)(4)   A public of ficer or public employee may not participate in a proceeding when an organization,
  other than an organization or association of local government of f icials, of which the public of ficer or public
  employee is an of f icer or director is:
           (a)      involved in a proceeding bef ore the employing agency that is within the scope of the public
  of f icer's or public employee's job duties; or
           (b)      attempting to inf luence a local, state, or f ederal proceeding in which the public of f icer or public
  employee represents the state or local government.
           (6)(5)   A public o