HOUSE BILL NO. 144

INTRODUCED BY MENAHAN R

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT THE DEPARTMENT OF ADMINISTRATION ENSURE THAT STATE AGENCIES USE INDIVIDUALS AND NOT PRERECORDED VOICE MENU SYSTEMS TO ANSWER TELEPHONE CALLS FROM THE PUBLIC; REQUIRING THE DEPARTMENT TO ADOPT RULES; AMENDING SECTION 2-17-302, MCA; AND PROVIDING EFFECTIVE DATES."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 2-17-302, MCA, is amended to read:

"2-17-302. Communication systems. (1) The department of administration shall:

(a) provide communication services to all agencies of state government. The state communications system must be capable of passing voice, video, data, written information, and other forms of communication to and from distant points.

(b) exercise general supervision over all existing communications systems for all agencies of state government;

(c) plan, review, and approve any additional installations of communications equipment and systems for all agencies of state government, including mail equipment for state agencies within a 10-mile radius of the capitol area. In approving the installation of additional communications equipment or systems, the department shall first consult with and consider the recommendations and advice of the executive heads of the various state agencies.

(d) approve standards and procedures for selection, acquisition, and operation of communications equipment;

(e) ensure that all communications equipment is properly maintained. The department is authorized to establish a centralized maintenance program for all state communications equipment and to contract the equipment maintenance if it is in the state's best interest. The department shall maintain cost records and bill agencies for services rendered.

(f) provide assistance to the legislature, governor, and state agencies relative to state and interstate communication matters;

(g) provide a means whereby political subdivisions of the state may use the state communications system, upon terms and under conditions that the department may establish;

(h) accept federal funds granted by congress or by executive order for any purposes of this section, as well as gifts and donations from individuals and private organizations or foundations;

(i) foster the development of new and innovative communications systems and techniques within the state, including but not limited to satellite communications and high-speed, high-density data transfer. To carry out the purposes of this section, the department may contract with qualified private organizations, foundations, or individuals if it is in the state's best interest.

(j) pay for and allocate to state agencies, as part of services rendered, the cost of any performance audit of the state communications system performed by or at the direction of the legislative auditor;

(k) (i) ensure that each agency, as defined in 2-15-102, uses an individual and not a prerecorded voice menu system to answer each incoming telephone call placed by a member of the general public either to a distinct program within each agency or to a general agency telephone number; and

(ii) adopt rules binding upon other state agencies to implement subsection (1)(k)(i). The rules may not include a penalty for failure to comply with the department rules.

(2) The department may provide assistance to political subdivisions or nonprofit organizations, upon terms that the department may establish, relative to state and interstate communications systems and techniques.

(3) Adequate rules for the use of any communications equipment and facilities must be adopted by the:

(a) department for executive branch agencies;

(b) supreme court for judicial branch agencies; and

(c) legislature by joint rule for members of the legislature and legislative branch agencies."

NEW SECTION. Section 2. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on passage and approval.

(2) [Section 1(1)(k)(i)] is effective October 1, 1999.

- END -