2021 Montana Legislature
_____________ bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT CREATING A COVID-19 RESPONSE STUDY COMMISSION; ESTABLISHING THE MEMBERSHIP, DUTIES, AND REPORTING REQUIREMENTS OF THE COMMISSION; PROVIDING AN APPROPRIATION; PROVIDING FOR CONTINGENT VOIDNESS; and PROVIDING EFFECTIVE dates and A TERMINATION DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Covid-19 response study commission. (1) There is a covid-19 response study commission composed of 15 members. The commission is allocated to the legislative services division for staffing services and administrative purposes only.
(2) The commission consists of the following members:
(a) three members from the house of representatives appointed by the speaker of the house;
(b) three members from the senate appointed by the president of the senate;
(c) three members appointed by the governor who represent industries affected by the temporary suspension of statutes, administrative rules, and other regulations during the declared state of emergency in the state in response to the covid-19 pandemic;
(d) three members appointed by the governor who represent state agencies affected by the temporary suspension of statutes, administrative rules, and other regulations during the declared state of emergency in the state in response to the covid-19 pandemic; and
(e) two members of the public, one of whom must be appointed by the speaker of the house and one of whom must be appointed by the president of the senate.
(3) Appointments under subsection (2) must be made within 60 days after [the effective date of this act].
(4) A vacancy on the commission must be filled in the same manner as the original appointment.
(5) The members of the commission shall select a presiding officer from among the commission's legislative members and may appoint other officers as considered necessary.
(6) The commission shall meet at least quarterly.
(7) Decisions of the commission must be made by majority vote of the commission members.
(8) Members of the commission must be compensated as provided in 2-15-124 and must be reimbursed for travel expenses as provided in 2-18-501 through 2-18-503. Members of the commission who are full-time salaried officers or employees of the state or of any political subdivision of the state are entitled to their regular compensation. Legislator members must be compensated as provided in 5-2-302.
(9) The legislative services division shall provide staff assistance to the commission.
(10) The commission shall receive upon request:
(a) an economic impact statement as provided in 2-4-405 from any agency regarding rules that were temporarily suspended or revised during the declared state of emergency in the state in response to the covid-19 pandemic; and
(b) information from the legislative fiscal division, the governor's office of budget and program planning, the department of administration, and any other department or state agency the commission deems necessary.
NEW SECTION. Section 2. Covid-19 response study commission duties. The commission provided for in [section 1] shall:
(1) review all statutes, administrative rules, and other regulations temporarily suspended or revised during the declared state of emergency in the state in response to the covid-19 pandemic;
(2) analyze the effects of suspended statutes, administrative rules, and other regulations temporarily suspended or revised to determine the financial, social, and governmental costs and benefits of their suspension;
(3) if determined through analysis that the suspension of certain statutes, administrative rules, and other regulations proved beneficial to the state and the citizens of the state, develop legislation to either terminate or amend current statute to reflect those changes that were determined to be beneficial; and
(4) prepare a report of findings and recommendations including legislation for submission to the 68th legislature in accordance with 5-11-210.
NEW SECTION. Section 3. Appropriation. There is appropriated $50,000 from the general fund to the legislative services division for fiscal years 2022 and 2023 for the purposes of funding the commission and the study as provided in [sections 1 and 2].
NEW SECTION. Section 4. Contingent voidness. (1) Pursuant to Joint Rule 40-65, if [this act] does not include an appropriation prior to being transmitted to the governor, then [this act] is void.
(2) If the appropriation in [section 3] is vetoed, then [this act] is void.
NEW SECTION. Section 5. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on passage and approval.
(2) [Section 3] is effective July 1, 2021.
NEW SECTION. Section 6. Termination. [This act] terminates June 30, 2023.