2-8-302. Privatization plan — hearing — role of legislative audit committee — action by governor. (1) Before an agency may privatize a program, it shall prepare a privatization plan as provided in 2-8-303.

Terms Used In Montana Code 2-8-302

  • Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive, legislative, or judicial branch of state government. See Montana Code 2-8-301
  • Privatize: means an agency contracting with the private sector to provide services that are currently or normally conducted directly by the employees of the state. See Montana Code 2-8-301
  • Program: means a legislatively or administratively created function, project, or duty of an agency. See Montana Code 2-8-301
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writing: includes printing. See Montana Code 1-1-203

(2)The privatization plan must be released to the public and to all unions that represent state employees and must be submitted to the legislative audit committee at least 180 days prior to the proposed implementation date.

(3)At least 90 days prior to the proposed implementation date, the legislative audit committee shall conduct a public hearing on the proposed privatization plan at which public comments and testimony must be received.

(4)At least 45 days prior to the proposed implementation date, the legislative audit committee shall release to the public a summary of the results of the hearing and the findings and conclusions of the legislative audit committee.

(5)(a) At least 30 days prior to the proposed implementation date, the legislative audit committee shall vote to recommend approval or disapproval of the privatization plan to the governor and transmit the recommendation in writing to the governor.

(b)The recommendation of the legislative audit committee is advisory only.

(6)At least 15 days prior to the proposed implementation date, the governor shall approve or disapprove the privatization plan, stating in writing the reasons for approval or disapproval.