Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                           HB 260.1
                                                  HOUSE BILL NO. 260
                                    INTRODUCED BY M. REGIER, R. KNUDSEN
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING EXEMPT PERSONAL STAFF OF LEGISLATIVE
  LEADERSHIP LAWS; PROVIDING FOR ONE ADDITIONAL PERSONAL STAFF TO SERVE AS SPECIAL
  COUNSEL FOR THE LEGISLATURE ON AN AS-NEEDED BASIS; PROVIDING SPECIAL COUNSEL MAY
  ENTER A CONTACT TO PERFORM THE DUTIES OF SPECIAL COUNSEL AFTER SERVING IN THAT
  POSITION AS AN EMPLOYEE; MAKING THE SPECIAL COUNSEL POSITION PERMANENT; REVISING A
  DEFINITION; AMENDING SECTIONS 2-2-201, 2-18-104, AND 5-5-110, MCA; REPEALING SECTION 6,
  CHAPTER 523, LAWS OF 2021; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A
  RETROACTIVE APPLICABILITY DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 2-2-201, MCA, is amended to read:
          "2-2-201.   Public officers, employees, and former employees not to have interest in contracts.
  (1) Members of the legislature; state, county, city, town, or township officers; or any deputies or employees of
  an enumerated governmental entity may not be interested in any contract made by them in their official capacity
  or by any body, agency, or board of which they are members or employees if they are directly involved with the
  contract. A former employee may not, within 6 months following the termination of employment, contract or be
  employed by an employer who contracts with the state or any of its subdivisions involving matters with which
  the former employee was directly involved during employment.
          (2)      In this section, the term:
          (a)      "be interested in" does not include holding a minority interest in a corporation;
          (b)      "contract" does not include:
          (i)      contracts awarded based on competitive procurement procedures conducted after the date of
  employment termination;
          (ii)     merchandise sold to the highest bidder at public auctions;
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68th Legislature 2023                                                                                                  HB 260.1
            (iii)   investments or deposits in financial institutions that are in the business of loaning or receiving
  money;
            (iv)    a contract with an interested party if, because of geographic restrictions, a local government
  could not otherwise reasonably afford itself of the subject of the contract. It is presumed that a local government
  could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the local
  government is greater than 10% of a contract with an interested party or if the contract is for services that must
  be performed within a limited time period and no other contractor can provide those services within that time
  period.
            (v)     a contract with a former employee that served as special counsel pursuant to 5-5-110 if the
  former employee is hired on a contract basis to fulfill the role of special counsel any period of time after
  termination of employment;
            (c)     "directly involved" means the person directly monitors a contract, extends or amends a
  contract, audits a contractor, is responsible for conducting the procurement or for evaluating proposals or
  vendor responsibility, or renders legal advice concerning the contract;
            (d)     "former employee" does not include a person whose employment with the state was
  involuntarily terminated because of a reduction in force or other involuntary termination not involving violation of
  the provisions of this chapter."
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            Section 2. Section 2-18-104, MCA, is amended to read:
            "2-18-104.   Exemption for personal staff -- limit. (1) Subject to the limitations in subsections (2) and
  (3), members of a personal staff are exempt from parts 1 through 3 and 10.
            (2)     The personal staff who are exempted by subsection (1) may not exceed 10 unless otherwise
  approved by the department according to criteria developed by the department. Under no circumstances may
  the total exemptions of each elected official exceed 15.
            (3)     The number of members of the personal staff of the public service commission who are
  exempted by subsection (1) may not exceed 6.
            (4)     The number of members of the personal staff of the leadership of the legislature who are
  exempted by subsection (1) may not exceed:
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68th Legislature 2023                                                                                            HB 260.1
           (a)      one personal staff for the speaker of the house of representatives;
           (b)      one personal staff for the minority leader of the house of representatives;
           (c)      one personal staff for the president of the senate;
           (d)      one personal staff for the minority leader of the senate; and
           (e)      one personal staff, and one additional personal staff as needed, that serves serve at the
  pleasure of the speaker of the house of representatives and the president of the senate for the purposes
  provided in 5-5-110. (Subsection (4)(e) terminates June 1, 2023--sec. 6, Ch. 523, L. 2021.)"
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           Section 3. Section 5-5-110, MCA, is amended to read:
           "5-5-110. (Temporary) Special counsel -- powers -- appointment -- reporting. (1) The speaker of
  the house of representatives and president of the senate may hire, at any time, one two personal staff under 2-
  18-104 for the purposes of serving as a special counsel. The speaker of the house of representatives and
  president of the senate must consent in writing to the appointment of the special counsel.
           (2)      The special counsel serves at the pleasure of the speaker of the house of representatives and
  the president of the senate. The special counsel must be licensed to practice law in Montana. The special
  counsel may:
           (a)      be appointed to investigate and examine state governmental activities and may examine and
  inspect all records, books, and files of any department, agency, commission, board, or institution of the state of
  Montana. A governmental agency shall assist the special counsel in any activity conducted by the special
  counsel as provided in this section.
           (b)      exercise the investigatory powers under Title 5, chapter 5, part 1, on behalf of a standing
  committee, select committee, or interim committee and any subcommittees of those committees;
           (c)      if assigned to a legislative committee, hold hearings, administer oaths, issue subpoenas,
  compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony,
  and cause depositions of witnesses to be taken in the manner prescribed by law for taking depositions in civil
  actions in district court;
           (d)      report to the speaker of the house of representatives and the president of the senate or any
  committee designated by the speaker of the house of representatives and the president of the senate, including
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68th Legislature 2023                                                                                             HB 260.1
  but not limited to standing committees, select committees, or interim committees and any subcommittees of
  those committees. A special counsel that reports to a legislative committee must serve at the direction of the
  speaker of the house of representatives and president of the senate and not the assigned committee.
          (e)       make recommendations for revisions of laws or rules for consideration by the legislature.
          (3)       The speaker of the house of representatives and president of the senate may designate the
  attorney general or an employee of the attorney general to serve as the special counsel.
          (4)       Costs for the special counsel must be paid:
          (a)       by the department of justice if the special counsel is the attorney general or an employee of the
  attorney general as provided in subsection (3);
          (b)       as directed by the speaker of the house of representatives or president of the senate, including
  but not limited to using funding from interim committee operating funds. (Terminates June 1, 2023--sec. 6, Ch.
  523, L. 2021.)"
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          NEW SECTION. Section 4.         Repealer. Section 6, Chapter 523, Laws of 2021, is repealed.
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          NEW SECTION. Section 5.         Effective date. [This act] is effective on passage and approval.
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          NEW SECTION. Section 6.         Retroactive applicability. [This act] applies retroactively, within the
  meaning of 1-2-109, to special counsel hired during the 68th legislative session.
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Statutes affected: 
HB0260_1.pdf: 2-2-201, 2-18-104, 5-5-110
HB0260_2.pdf: 2-2-201, 2-18-104, 5-5-110
HB0260_3.pdf: 2-2-201, 2-18-104, 5-5-110
Amended: 2-2-201, 2-18-104, 5-5-110
Introduced: 2-2-201, 2-18-104, 5-5-110