2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 8. Capitol Complex Master Plan Act › 2-17-805. Function of department of administration -- long-range master plan -- advice of capitol complex advisory council and legislative council

2-17-805. Function of department of administration -- long-range master plan -- advice of capitol complex advisory council and legislative council.
(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 must be developed and maintained, with consideration given to the following factors:
(a) the needs of the state, including integration of the long-range legislative branch capital development plan, relative to the location and design of buildings to be constructed, purchase of land, parking facilities, traffic management, and landscaping;
(b) the ordinances, plans, requirements, and proposed improvements of the city of Helena and Lewis and Clark County, based, without limitation, upon zoning regulations, population trends, and plans for rapid transit development; and
(c) any other factors that bear upon the orderly, integrated, and cooperative development of the state, the city of Helena, Lewis and Clark County, and state property in the capitol complex.
(2) The Montana historical society shall protect and preserve all publicly held, permanent artwork in the capitol complex and request funding for periodic inspection, maintenance, and repair of the artwork from the trust fund established in 15-35-108 for protection of works of art in the state capitol and other cultural and aesthetic projects.
(3) The legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall serve as a long-range building committee to recommend to the legislature and the department of administration construction and remodeling priorities for the legislative space needs.
(4) (a) Prior to September 1 in the year before a regular session of the legislature, the department shall submit an updated long-range master plan, if an updated plan is available, to the legislative council.
(b) The legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall preintroduce a joint resolution recommending the legislature's consent, consent with modifications, or nonconsent to the current long-range master plan.
(5) (a) (i) For the biennium beginning July 1, 2023, the legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall develop a long-range legislative branch capital development plan for legislative space.
(ii) The legislative council, with consultation of the legislative audit committee and the legislative finance committee, may request appointment of architects and consulting engineers by the department pursuant to 18-2-112 to develop the long-range legislative branch capital development plan.
(iii) For the biennium beginning July 1, 2023, the department shall provide the legislative council with the necessary personnel and resources to develop and complete the long-range legislative branch capital development plan by September 1, 2024.
(iv) (A) The department shall incorporate the long-range legislative branch capital development plan into the long-range master plan.
(B) The long-range legislative branch capital development plan:
(I) must adhere to the goals and guiding principles of the long-range master plan;
(II) may not impair or divide building infrastructure or systems in buildings or facilities occupied by more than one branch of government;
(III) may not require another branch to move out of already existing space without the department's consent and sufficient appropriations to complete the move and alternative space for the other branch; and
(IV) must comply with all laws, including Title 22, chapter 3, and 18-2-108.
(C) The department shall integrate the long-range legislative branch capital development plan with the provisions of the long-range master plan. The department shall resolve any conflicting provisions and finalize a long-range master plan.
(b) (i) Prior to September 1, 2024, the legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall finalize the long-range legislative branch capital development plan.
(ii) The legislative council, with consultation of the legislative audit committee and the legislative finance committee, shall preintroduce a joint resolution recommending the legislature's consent to the long-range legislative branch capital development plan.
(6) (a) Before July 1, 2024, the department shall submit a proposal to legislative council to move the legislative audit division out of the capitol into an existing, renovated, or constructed building on the capitol complex. The department proposal to legislative council must conform to space requirements identified by the legislative audit division and must result in space allocation that is equal to or exceeds the existing space occupied in the capitol by the legislative audit division.
(b) (i) The legislative council in consultation with the legislative audit committee and the legislative finance committee may approve or disapprove the department's proposal pursuant to subsection (6)(a).
(ii) If the legislative council disapproves the department's proposal pursuant to subsection (6)(a), the department shall resubmit a revised proposal to legislative council within 10 days of the legislative council's disapproval of the department's proposal.
(7) The department may develop a plan to transition the secretary of state out of the capitol by January 1, 2031.
History: En. Sec. 2, Ch. 141, L. 1979; amd. Sec. 2, Ch. 608, L. 1981; amd. Sec. 5, Ch. 700, L. 1983; amd. Sec. 3, Ch. 7, L. 1993; Sec. 5-17-102, MCA 1991; redes. 5-11-115 by Code Commissioner, 1993; amd. Sec. 8, Ch. 476, L. 1997; Sec. 5-11-115, MCA 1995; redes. 2-17-805 by Sec. 9, Ch. 476, L. 1997; amd. Sec. 3, Ch. 56, L. 2003; amd. Sec. 3, Ch. 321, L. 2005; amd. Sec. 6, Ch. 762, L. 2023.