2-8-303. Privatization plan — contents. (1) An agency proposing to privatize a program shall prepare a privatization plan that includes the following:

Terms Used In Montana Code 2-8-303

  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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

(a)a description of the program to be privatized, including references to the legal authority under which the program was created;

(b)detailed budget information that includes a list of expenditures for the 2 most recent fiscal years and the sources of revenue for the program;

(c)a list of all personnel currently employed in the program and the estimated effect of the proposed privatization on the employment status of each employee affected;

(d)a listing of the assets of the program and their proposed disposition if the plan is implemented;

(e)an estimate of the cost savings or any additional costs resulting from privatizing the program, compared to the costs of the existing, nonprivatized program. Additional costs must include the estimated cost to the state of inspection, supervision, and monitoring of the proposed privatization and the costs incurred in the discontinuation of such a contract.

(f)the estimated current and future economic impacts of the implementation of the plan on other state programs, including public assistance programs, unemployment insurance programs, retirement programs, and agency personal services budgets used to pay out accrued vacation and sick leave benefits;

(g)the estimated increases or decreases in costs and quality of goods or services to the public if the plan is implemented;

(h)the estimated changes in individual wages and benefits resulting from the proposed privatization;

(i)the ways in which the proposed privatization will deliver the same or better services at a lower cost; and

(j)a narrative explanation and justification for the proposed privatization.

(2)To implement the privatization plan, an agency may transfer funds between budget categories.