House bill NO. 697

INTRODUCED BY B. Mercer

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS RELATED TO THE PUBLIC SAFETY OFFICER STANDARDS AND TRAINING COUNCIL; providing reporting requirements; requiring an interim study of the staffing, structure, and duties of the public safety officer standards and training council; providing that certain special revenue account funds are used to support the public safety officer standards and training council; amending section 44-10-204, MCA; and PROVIDING AN immediate EFFECTIVE DATE and a termination date.

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

Section 1. Investigations report. Starting October 1, 2023, and each quarter after, the council shall provide a written report on pending investigations to the law and justice interim committee in accordance with 5-11-210. The report must protect the privacy rights of the individuals involved and must provide for each investigation:

(1) when it was opened;

(2) the process that remains to be completed; and

(3) the likely timing for resolution of the investigation.

Section 2. Interim study of POST council. (1) The law and justice interim committee established in 5-5-226 shall study the public safety officer standards and training council established in 2-15-2029 during the 2023-2024 interim. The study shall:

(a) examine the legislative history of the council's structure, staffing, and duties;

(b) review the current structure, staffing, and duties of the council;

(d) provide recommendations to the 69th legislature for how the council should be structured and staffed.

(2) The law and justice interim committee shall consult with council members, council staff, the department of justice, local law enforcement agencies, and other stakeholders the committee considers necessary.

(3) All aspects of the study must be concluded by September 15, 2024. Final results of the study must be reported to the 69th legislature.

Section 3. Section 44-10-204, MCA, is amended to read:

"44-10-204. Department of justice account established. (1) There is an account in the state special revenue fund to be used by the department of justice on behalf of the Montana law enforcement academy, established in 44-10-103 and the Montana public safety officer standards and training council established in 2-15-2029.

(2) Money in the account created in subsection (1) must be appropriated by the legislature for the purposes provided in Title 44, chapter 10, part 2, including use as matching funds for grants to be sought under 44-10-202(1)(j)."

Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 44, chapter 4, part 4, and the provisions of Title 44, chapter 4, part 4, apply to [section 1].

Section 5. Coordination instruction. If both House Bill No. 916 and [this act] are passed and approved and if House Bill No. 916 contains sections extending or repealing the termination date in section 23, Chapter 456, Laws of 2019, and section 19, Chapter 566, Laws of 2021, then those sections in House Bill No. 916 are void.

Section 6. Effective date. [This act] is effective on passage and approval.

Section 7. Termination. [Section 2] terminates December 31, 2024.