Title 2, Title 2

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This part may be cited as the "Capitol Complex Master Plan Act".

As used in part 1 and this part, the following definitions apply: (1) "Capitol" means the building dedicated as the Montana state capitol in 1902. (2) "Capitol complex" means the capitol building and all the state buildings within a 10-mile radius of the capitol building but does…

(1) There is a capitol complex advisory council. (2) The council consists of nine members as follows: (a) two members of the house of representatives appointed by the speaker on a bipartisan basis; (b) two members of the senate appointed by the committee on committees on a bipart…

(1) The council shall: (a) adopt an art and memorial plan for the placement of art and memorials in the capitol complex and on the capitol complex grounds; (b) review proposals for long-term displays of up to 50 years, subject to renewal, in the capitol complex and on the capitol…

(1) With advice from the council and the legislative council, the department of administration shall establish and maintain a long-range master plan that is updated at a minimum on a decennial basis for the orderly development of the capitol complex. The long-range master plan mu…

The department of administration, with the advice of the council and the legislative council, shall establish policies governing maintenance and beautification of the capitol, executive residence, and original governor's mansion. The policies must provide that all historic furnis…

(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, s…

(1) The following busts, plaques, statues, memorials, monuments, and art displays are to be placed for up to 50 years, subject to renewal, in the capitol: (a) the busts of Thomas J. Walsh, Burton K. Wheeler, and Joseph Dixon; (b) the plaques commemorating Theodore Brantley, Fred …

(1) If future senate bodies determine that the location of the senate chambers should be moved, the department of administration shall keep and maintain the physical structure and location of the present senate chambers as a single room that must be used for legislative purposes.…

(1) The department of administration is custodian of all state property and grounds in the capitol complex. (2) (a) The department shall supervise and direct the work of caring for and maintaining buildings and equipment in the capitol complex. (b) The department shall provide or…

(1) The department of administration shall maintain an inventory of commemorative displays, statues, artwork, plaques, and other improvements upon the grounds of the capitol complex, including the executive residence and the original governor's mansion. (2) The Montana historical…

A bust, plaque, statue, memorial, monument, or art display in possession of the state that may have been associated with the capitol complex but is not listed under 2-17-808 is entrusted to the Montana historical society for storage or temporary display until a suitable location …

The director of the department of administration may enter into an agreement with the city of Helena, Montana, to authorize capitol security guards employed by the department to issue citations for parking violations as defined by state or municipal laws that occur within the bou…

(1) The department of administration shall set aside on the capitol grounds an area on the west side of the capitol for a memorial to Montana's slain highway patrol officers. The area must be agreed upon between the Montana highway patrol and the department of administration and …

(1) The justice and state library building located at 215 north Sanders in Helena is named the Joseph P. Mazurek building. (2) A plaque and memorial commemorating Joseph P. Mazurek may be placed on the capitol complex grounds subject to review by the council according to the crit…

(Temporary) Memorial for Montana's organ donors -- display -- private funding. (1) Subject to 2-17-807(4) and other provisions of Title 2, chapter 17, part 8, including review by the capitol complex advisory council, a memorial honoring organ donors of Montana must be displayed o…

(1) The legislative council may prepare a written report of its activities and recommendations related to its duties under 2-17-805(2) to assist the legislature in determining whether the recommendations should be implemented. (2) If a report is prepared, it must be submitted to …

As used in parts 1 through 3 and part 10 of this chapter, the following definitions apply: (1) "Agency" means a department, board, commission, office, bureau, institution, or unit of state government recognized in the state budget. (2) "Base salary" means the base hourly pay rate…

(1) An employee or the employee's representative affected by the implementation of parts 1 through 3 of this chapter is entitled to file a complaint with the board of personnel appeals provided for in 2-15-1705 and to be heard under the provisions of a grievance procedure to be p…

If, upon the preponderance of the evidence taken at the hearing, the board is of the opinion that the employee is aggrieved, it may issue an order to the appropriate agency or agencies of state government to require an action to resolve the employee's grievance. In a hearing, the…

The board or the employee may petition for the enforcement of the board's order and for appropriate temporary relief and shall file in the district court the record of the proceedings. Upon the filing of the petition, the district court shall have jurisdiction of the proceeding. …

(1) Except as otherwise provided by law or collective bargaining agreement, the department shall: (a) exercise leadership in the development of effective personnel administration within the several agencies in the state and make available the facilities of the department to this …

Parts 1 through 3 and 10 do not apply to the following officers and employees in state government: (1) elected officials; (2) county assessors and their chief deputies; (3) employees of the office of consumer counsel; (4) judges and employees of the judicial branch; (5) members o…

(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…

(1) Parts 1 through 3 do not limit the authority of the legislature relative to appropriations for salary and wages. The budget director shall adjust determinations in accordance with legislative appropriations. (2) Unexpended agency appropriation balances in the first year of th…

(1) Job sharing may be used, to the extent practicable, by each agency as a means of promoting increased productivity and employment opportunities. Job sharing may be actively pursued to fill vacated or new positions but may not be actively pursued to replace current full-time em…

As used in this part, the following definitions apply: (1) "Agency head" means a director, commissioner, or constitutional officer in charge of an executive, legislative, or judicial branch agency or an agency of the Montana university system. The term includes the president or o…

The department shall develop a statewide employee incentive award program to appropriately recognize and monetarily reward individual state employees and groups or teams of employees for documented innovations that contribute to the efficiency, economy, or other improvement of st…

The department shall: (1) adopt rules to implement this part; (2) develop model guidelines and promotional materials to assist agencies in implementing this part; and (3) prepare and submit to the state administration and veterans' affairs interim committee by September 15 in the…

(1) Except as provided in subsection (3), an employee, a group or team of employees, or a nonemployee is eligible for an incentive award for innovations that: (a) significantly contribute to achievements or outcomes eliminating or reducing an agency's expenditures; or (b) improve…

(1) An agency head may grant an incentive award to an employee, a group or team of employees, or a nonemployee who has made a significant contribution to achievements or outcomes in the agency, as enumerated in 2-18-1105. An employee or a member of a group or team of employees ne…

An agency head, as defined in 2-18-1101, may, with the approval of the approving authority, as defined in 17-7-102, increase the salary for one or more positions in the agency by the amount of the salary for a position that was permanently eliminated by the agency within the last…

(1) A state agency that operates within an Indian reservation shall give a preference in hiring for employment with the state agency to an Indian resident of the reservation who has substantially equal qualifications for the position. (2) The commissioner of labor and industry sh…

(1) With the exception of 2-18-603, the requirements of parts 6 and 7 of this chapter do not apply to a temporary employee of the university system. (2) As used in this section, "temporary employee" means an employee of the university system who is hired into a position that is n…

(1) An agency may authorize telework for specified employees when it is in the state's best interest as determined and documented by the agency. (2) The department shall adopt policies to encourage agencies to authorize telework and to provide for the uniform implementation of th…

This part may be cited as the "State Employee Protection Act".

As used in this part, the following definitions apply: (1) "Agency" has the meaning provided in 2-18-101 but does not include the Montana university system. (2) (a) "Employee" means a person employed by the state who has achieved permanent status, as defined in 2-18-101, or offic…

(1) An employee whose position is eliminated as a result of privatization, reorganization of an agency, closure of or a reduction in force at an agency, or other actions by the legislature is entitled to: (a) access to any job retraining and career development programs provided b…

An employee whose position is eliminated as a result of privatization, reorganization of an agency, closure of or a reduction in force at an agency, or other actions by the legislature and who is subsequently transferred to a different position in a state agency is entitled to: (…

(1) During the period of unemployment as a result of privatization, reorganization of an agency, closure of or a reduction in force at an agency, or other actions by the legislature, the employee is entitled to remain covered by the state's group health insurance plan and to the …

(1) Except as provided in subsection (2), an employee and the employee's collective bargaining unit, if any, must be notified as soon as possible prior to privatization, reorganization of any agency, or closure of or a reduction in force at an agency. When 25 or more employees ar…

This part may be cited as the "Voluntary Employees' Beneficiary Association Act".

The legislature finds that escalating health care expenses, particularly the increasing cost of medical treatment and health insurance, constitute a substantial financial burden during and after an employee's working career. The purpose of this part is to provide a means by which…

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Common association" means an association of employees established pursuant to 2-18-1310 for the purposes of employer and employee participation in the plan. (2) "Contracting employe…

(1) The department shall establish, through contracted services, a plan under a tax-exempt entity that qualifies as a voluntary employees' beneficiary association trust pursuant to section 501(c)(9) of the Internal Revenue Code, 26 U.S.C. 501(c)(9). The plan must provide particip…