Bill Summary – FastDemocracy

67th Legislature                                                                                                    SB 272.1
                                                    SENATE BILL NO. 272
                                                INTRODUCED BY G. VANCE
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE INFORMATION TECHNOLOGY BOARD;
   ALLOWING FOR THREE MEMBERS WHO ARE STATE AGENCY DIRECTORS; PROVIDING EXEMPTIONS;
   AMENDING SECTIONS 2-15-1021 AND 2-17-516, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
   DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 2-15-1021, MCA, is amended to read:
              "2-15-1021.    Information technology board -- membership -- qualifications -- vacancies --
   compensation. (1) There is an information technology board. The board consists of 19 members who are
   appointed as follows:
              (a)   the director of the department of administration, who serves as presiding officer of the board;
              (b)   the chief information officer provided for in 2-17-511;
              (c)   the director of the office of budget and program planning;
              (d)   six three members who are directors of state agencies and who are appointed by the governor;
              (e)   two members representing local government, appointed by the governor;
              (f)   one member representing the public service commission, appointed by the public service
   commission;
              (g)   one member representing the private sector, appointed by the governor;
              (h)   one member of the house of representatives, appointed by the speaker of the house of
   representatives;
              (i)   one member of the senate, appointed by the president of the senate;
              (j)   one member representing the legislative branch, appointed by the legislative branch information
   technology planning council;
              (k)   one member representing the judicial branch, appointed by the chief justice of the supreme court;
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67th Legislature                                                                                                      SB 272.1
              (l)   one member representing the university system, appointed by the board of regents; and
              (m)    one member representing K-12 education, appointed by the superintendent of public instruction;.
              (n)   the attorney general or their designee;
              (o)   the secretary of state or their designee; and
              (p)   the state auditor or their designee.
              (2)   Appointments must be made without regard to political affiliation and must be made solely for the
   wise management of the information technology resources used by the state.
              (3)   A vacancy occurring on the board must be filled by the appointing authority in the same manner as
   the original appointment.
              (4)   The board shall function in an advisory capacity as defined in 2-15-102.
              (5)   Members of the board must be reimbursed and compensated in the same manner as members of
   quasi-judicial boards under 2-15-124(7), except that legislative members are reimbursed and compensated as
   provided in 5-2-302."
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              Section 2. Section 2-17-516, MCA, is amended to read:
              "2-17-516.    Exemptions -- department of justice -- university system -- office of public
   instruction -- national guard. (1) Unless the proposed activities would detrimentally affect the operation of the
   central computer center or the statewide telecommunications network, the office of public instruction is exempt
   from 2-17-512(1)(k) and (1)(l).
              (2)   Unless the proposed activities would detrimentally affect the operation of the central computer
   center or the statewide telecommunications network, the department of justice and the university system is are
   exempt from:
              (a)   the enforcement provisions of 2-17-512(1)(d) and (1)(e) and 2-17-514;
              (b)   the approval provisions of 2-17-512(1)(f), 2-17-523, and 2-17-527;
              (c)   the budget approval provisions of 2-17-512(1)(g); and
              (d)   the provisions of 2-17-512(1)(k) and (1)(l).
              (3)   The department, upon notification of proposed activities by the department of justice, the
   university system, or the office of public instruction, shall determine if the central computer center or the
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67th Legislature                                                                                                     SB 272.1
   statewide telecommunications network would be detrimentally affected by the proposed activity.
              (4)   (a) For purposes of this section, a proposed activity affects the operation of the central computer
   center or the statewide telecommunications network if it detrimentally affects the processing workload,
   reliability, cost of providing service, or support service requirements of the central computer center or the
   statewide telecommunications network.
              (b)   Potential loss of revenue from fees paid by the department of justice, the university system, or the
   office of public instruction for not utilizing services offered by the department are not considered a detrimental
   effect to the statewide telecommunications network or central computer center.
              (5) When reviewing proposed activities of the university system, the department shall consider and
   make reasonable allowances for the unique educational needs and characteristics and the welfare of the
   university system as determined by the board of regents.
              (6) When reviewing proposed activities of the office of public instruction, the department shall
   consider and make reasonable allowances for the unique educational needs and characteristics of the office of
   public instruction to communicate and share data with school districts.
              (7) When reviewing proposed activities of the department of justice, the department shall consider
   and make reasonable allowances for the unique safety and security needs and characteristics of the
   department of justice to communicate and share data with federal, state, and local law enforcement entities.
              (7)(8)   Section 2-17-512(1)(u) may not be construed to prohibit the university system from accepting
   federal funds or gifts, grants, or donations related to information technology or telecommunications.
              (8)(9)   The national guard, as defined in 10-1-101(3), is exempt from 2-17-512."
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              NEW SECTION. Section 3.        Effective date. [This act] is effective on passage and approval.
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Statutes affected: 
SB0272_1.pdf: 2-15-1021, 2-17-516
SB0272_2.pdf: 2-15-1021, 2-17-516
SB0272_3.pdf: 2-15-1021, 2-17-516
SB0272_4.pdf: 2-15-1021, 2-17-516
SB0272_X.pdf: 2-15-1021, 2-17-516
Amended: 2-15-1021, 2-17-516
Introduced: 2-15-1021, 2-17-516