Bill Summary – FastDemocracy

****
69th Legislature 2025                                                                                            LC0126.1
                                     _____________ BILL NO. _____________
                   INTRODUCED BY _________________________________________________
                                  BY REQUEST OF THE CODE COMMISSIONER
  4
  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING AND CLARIFYING THE MONTANA CODE
  ANNOTATED; DIRECTING THE CODE COMMISSIONER TO CORRECT ERRONEOUS REFERENCES
  CONTAINED IN MATERIAL ENACTED BY THE 69TH LEGISLATURE AND PREVIOUS LEGISLATURES;
  DIRECTING THE CODE COMMISSIONER THAT WHEREVER A REFERENCE TO SECTION 5-11-210, MCA,
  APPEARS IN LEGISLATION ENACTED BY THE 2025 LEGISLATURE AND REQUIRES A NEW REPORT TO
  THE LEGISLATURE, THE CODE COMMISSIONER SHALL INCLUDE THE REPORT UNDER THE
  APPROPRIATE INTERIM COMMITTEE IN SECTION 5-11-222, MCA; DIRECTING THE CODE
  COMMISSIONER THAT WHEREVER A REFERENCE TO SECTION 5-11-210, MCA, IS REPEALED OR
  STRICKEN IN LEGISLATION ENACTED BY THE 2025 LEGISLATURE, THE CODE COMMISSIONER SHALL
  STRIKE THAT REPORT FROM SECTION 5-11-222, MCA; DIRECTING THE CODE COMMISSIONER THAT
  WHEREVER A REFERENCE TO SECTION 5-11-210, MCA, IS TERMINATED, THE CODE COMMISSIONER
  SHALL STRIKE THAT REPORT FROM SECTION 5-11-222, MCA; AND AMENDING SECTIONS 2-6-1102, 2-
  15-116, 2-15-401, 2-17-513, 2-17-603, 2-17-807, 2-17-808, 5-11-222, 5-15-101, 15-30-2191, 15-31-172, 16-4-
  111, 17-7-502, 20-11-107, 20-15-310, 25-1-1101, 25-1-1111, 25-1-1112, 26-1-802, 27-1-1101, 53-6-101, 53-
  25-102, 61-8-1016, 76-13-418, 81-2-501, 81-9-201, 81-9-218, AND 81-9-240, MCA.”
 20
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 22
          Section 1. Section 2-6-1102, MCA, is amended to read:
          "2-6-1102.   Department of administration -- powers and duties. (1) To ensure compatibility with the
  information technology [resources] systems resources of state government and to promote adherence to
  records management principles and best practices, the department of administration, in consultation with the
  secretary of state, shall establish standards for technological compatibility for state agencies for records
  management equipment or systems used to electronically capture, store, or retrieve public records through
                                                               -1-                         Authorized Print Version – ****
****
69th Legislature 2025                                                                                            LC0126.1
  computerized, optical, or other electronic methods.
          (2)      The department of administration, in consultation with the secretary of state, shall approve all
  acquisitions of executive branch agency records management equipment or systems used to electronically
  capture, store, or retrieve public records through computerized, optical, or other electronic methods to ensure
  compatibility with the standards developed under subsection (1).
          (3)      The department of administration is responsible for the management and operation of
  equipment, systems, facilities, and processes integral to information technology resources and the state
  telecommunications network."
  9
          Section 2. Section 2-15-116, MCA, is amended to read:
          "2-15-116.     State agency employee directory requirement. (1) Each state agency shall post an
  employee directory on the agency's website. The link to the directory must be on the main landing page of the
  agency's website.
          (2)      (a) Except as provided in [subsection (2)(b)] subsection (2)(b), the directory must include the
  name, title, and a direct phone number and e-mail address issued by the agency for each agency employee
  whose job responsibilities include regular interactions with the public.
          (b)      Department heads may exempt from the requirements of subsection (2)(a) persons in safety-
  sensitive positions.
          (3)      The directory page must include an organizational chart for the department so members of the
  public know which department or individual to contact.
          (4)      The agency shall perform regular checks, at least semiannually, of the directory to ensure that
  the information is current and accurate. The date of the last update must be posted on the directory page."
 23
          Section 3. Section 2-15-401, MCA, is amended to read:
          "2-15-401.     Duties of secretary of state -- authority. (1) In addition to the duties prescribed by the
  constitution, the secretary of state shall:
          (a)      attend at every session of the legislature for the purpose of receiving bills and resolutions and
  to perform other duties as may be devolved on the secretary of state by resolution of the two houses or either of
                                                               -2-                         Authorized Print Version – ****
****
69th Legislature 2025                                                                                                LC0126.1
  them;
          (b)      keep a register of and attest the official acts of the governor, including all appointments made
  by the governor, with date of commission and names of appointees and predecessors;
          (c)      affix the great seal, with the secretary of state's attestation, to commissions, pardons, and other
  public instruments to which the official signature of the governor is required;
          (d)      record in proper books all articles of incorporation filed in the secretary of state's office;
          (e)      take and file receipts for all books distributed by the secretary of state and direct the county
  clerk of each county to take and file receipts for all books distributed by the county clerk;
          (f)      certify to the governor the names of those persons who have received at any election the
  highest number of votes for any office, the incumbent of which is commissioned by the governor;
          (g)      furnish, on demand, to any person paying the fees, a certified copy of all or any part of any law,
  record, or other instrument filed, deposited, or recorded in the secretary of state's office;
          (h)      keep a fee book in which must be entered all fees, commissions, and compensation earned,
  collected, or charged, with the date, name of payer, paid or unpaid, and the nature of the service in each case,
  which must be verified annually by the secretary of state's affidavit entered in the fee book;
          (i)      file in the secretary of state's office descriptions of seals in use by the different state officers;
          (j)      discharge the duties of a member of the board of examiners and of the board of land
  commissioners and all other duties required by law;
          (k)      register marks as provided in Title 30, chapter 13, part 3;
          (l)      report to the legislature in accordance with 5-11-210 all watercourse name changes received
  pursuant to 85-2-134 for publication in the Laws of Montana;
          (m)      keep a register of all applications for pardon or for commutation of any sentence, with a list of
  the official signatures and recommendations in favor of each application;
          (n)      establish and maintain a central filing system that complies with the requirements of a central
  filing system pursuant to 7 U.S.C. 1631 and use the information in the central filing system for the purposes of 7
  U.S.C. 1631.
          (2)      The secretary of state may:
          (a)      develop and implement a statewide electronic filing system as described in 2-15-404; and
                                                                 -3-                          Authorized Print Version – ****
****
69th Legislature 2025                                                                                              LC0126.1
          (b)      adopt rules for the effective administration of the secretary of state's duties relating to the
  Montana Administrative Procedure Act established in Title 2, chapter 4.
          (3)      (a) Except for a cooperative organized and incorporated to do business under Title 35, chapter
  15, 16, 17, or 18, or filed under 30-10-105, the secretary of state may not accept a filing from a person using
  the term "cooperative" or a derivative of the term "cooperative" to register:
          (i)      an assumed business name pursuant to 30-13-202;
          (ii)     a nonprofit corporation pursuant to 35-2-119;
          (iii)    a limited liability corporation pursuant to 35-8-205;
          (iv)     a partnership pursuant to 35-10-113;
          (v)      a limited partnership pursuant to 35-12-511; or
          (vi)     a corporation pursuant to 35-14-120.
          (b)      A person using the term "cooperative" to register with the secretary of state in violation of
  subsection (3)(a) shall be fined not less than $50 or more than $1,000.
          (4)      [Subsection (3)] Subsection (3) does not apply to an entity formed prior to October 1, 2023."
 15
          Section 4. Section 2-17-513, MCA, is amended to read:
          "2-17-513.   Duties of board. The board shall:
          (1)      provide a forum to:
          (a)      guide state agencies, the legislative branch, the judicial branch, and local governments in the
  development and deployment of intergovernmental information technology resources;
          (b)      share information among state agencies, local governments, and federal agencies regarding
  the development of information technology resources;
          (2)      advise the department:
          (a)      in the development of cooperative contracts for the purchase of information technology
  resources;
          (b)      regarding the creation, management, and administration of digital government services and
  information on the internet;
          (c)      regarding the administration of digital government services contracts;
                                                                -4-                         Authorized Print Version – ****
****
69th Legislature 2025                                                                                             LC0126.1
          (d)      on the priority of government services to be provided digitally;
          (e)      on convenience fees prescribed in 2-17-1102 and 2-17-1103, if needed, for digital government
  services; and
          (f)      on any other aspect of providing digital government services;
          (3)      review and advise the department on:
          (a)      statewide information technology policies, framework, controls, standards, procedures, and
  guidelines;
          (b)      the state strategic information technology plan;
          (c)      major information technology budget requests;
          (d)      rates and other charges for services established by the department as provided in 2-17-
  512(1)(r);
          (e)      requests for exceptions as provided for in 2-17-515;
          (f)      notification of proposed exemptions by the university system and office of public instruction as
  provided for in 2-17-516;
          (g)      action taken by the department as provided in 2-17-514(1) for any activity that is not in
  compliance with this part;
          (h)      the implementation of major information technology projects and advise the respective
  governing authority of any issue of concern to the board relating to implementation of the project; and
          (i)      financial reports, management reports, and other data as requested by the department;
          (4)      study state government's present and future information technology needs and advise the
  department on the use of emerging technology in state government;
          (5)      request information and reports that it considers necessary from any entity using or having
  access to the state telecommunications network or information technology resources;
          (6)      assist in identifying, evaluating, and prioritizing potential departmental and interagency digital
  government services;
          (7)      serve as a central coordination point for digital government services provided by the
  department and other state agencies;
          (8)      study, propose, develop, or coordinate any other activity in furtherance of digital government
                                                               -5-                         Authorized Print Version – ****
****
69th Legislature 2025                                                                                              LC0126.1
  services as requested by the governor or the legislature; and
          (9)      prepare and submit to the state administration and veterans' affairs interim committee in
  accordance with 5-11-210 a report including but not necessarily limited to a summary of the board's activities, a
  review of the [digital] digital government program established under part 11 of this chapter, and any key findings
  and recommendations that the board presented to the department."
  6
          Section 5. Section 2-17-603, MCA, is amended to read:
          "2-17-603.     Government competition with private internet services providers prohibited --
  exceptions. (1) Except as provided in subsection (2)(a) or (2)(b), an agency or political subdivision of the state
  may not directly or through another agency or political subdivision be an internet services provider.
          (2)      (a) An agency or political subdivision may act as an internet services provider if:
          (i)      no private internet services provider is available within the jurisdiction served by the agency or
  political subdivision; or
          (ii)     the agency or political subdivision provided services prior to July 1, 2001.
          (b)      An agency or political subdivision may act as an internet services provider when providing
  advanced services that are not otherwise available from a private internet services provider within the
  jurisdiction served by the agency or political subdivision.
          (c)      If a private internet services provider elects to provide internet services in a jurisdiction where
  an agency or political subdivision is providing internet services, the private internet services provider shall
  inform the agency or the political subdivision in writing at least 30 days in advance of offering internet services.
          (3)      Upon receiving notice pursuant to subsection (2)(c), the agency or political subdivision shall
  notify its subscribers within 30 days of the intent of the private internet services provider to begin providing
  internet services and may choose to discontinue providing internet services within 180 days of the notice.
          (4)      Nothing in this section may be construed to prohibit an agency or political subdivision from:
          (a)      offering [digital] digital government services to the general public;
          (b)      acquiring access to the internet from a private internet services provider in order to offer [digital]
  digital government services to the general public; or
          (c)      providing funding to private broadband service providers for broadband service infrastructure
                                                                -6-                         Authorized Print Version – ****
****
69th Legislature 2025                                                                                           LC0126.1
  projects; or
          (d)      providing network infrastructure within the contiguous campus of the agency or political
  subdivision."
  4
          Section 6. Section 2-17-807, MCA, is amended to read:
          "2-17-807.     Approval for displays and naming buildings, spaces, and rooms. (1) A state building,
  space, or room in the capitol complex may not be named after an individual or a bust, plaque, statue, memorial,
  monument, or art display may not be displayed on a long-term basis in the capitol complex or on the capitol
  complex grounds unless the building, space, or room name or display is approved by the legislature and
  complies with this part. The capitol building, including any future additions and expansions, may not be named
  after any person, as defined in 2-4-102.
          (2)      (a) Except as provided in subsections (2)(b) through (2)(j), a state building, space, or room in
  the capitol complex may not be named after an individual or a bust, plaque, statue, memorial, monument, or art
  display commemorating an individual may not be displayed on a long-term basis in the capitol complex unless
  the individual has been deceased for at least 10 years.
          (b)      The statue of Mike and Maureen Mansfield authorized in 2-17-808(1)(d)(iii) and the plaque
  commemorating President George H. W. Bush authorized in 2-17-808(2)(b)(ii) may continue to be displayed in
  the capitol complex.
          (c)      Except as provided in subsection (2)(f), a public building within the capitol complex constructed
  with private funds after April 17, 2007, or a space or room constructed with private funds after April 17, 2007, in
  a public building, other than the capitol building, may bear a name designated by the benefactor of the building,
  space, or room if:
          (i)      the building, space, or room is to be owned by or used exclusively or primarily by the Montana
  historical society to store or display artifacts or other property owned by the Montana historical society; and
          (ii)     the building, space, or room and the designated name are approved by th