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The Montana Government Transparency & Performance Act (MT-GT&P)

Montana state companion to GT&P. Extends MT Right to Know (Art. II Sec. 9 Mont. Const., MCA Title 2 Ch. 6 Part 10), Montana Legislative Audit Division, and MT False Claims Act (MCA 17-8-401 et seq.).

THE MONTANA GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (MT-GT&P)

Vehicle: State passage. Montana Legislature, regular session. Primary referral to House / Senate State Administration.

SECTION 1. SHORT TITLE

This Act may be cited as the “Montana Government Transparency & Performance Act (MT-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that Montana operates a constitutional Right-to-Know under Article II, Section 9 of the Montana Constitution and implementing statutes at MCA Title 2 Ch. 6; that Open Meetings operate under Article II, Section 9 and MCA Title 2 Ch. 3; that the Legislative Audit Division operates under MCA Title 5 Ch. 13; that state-agency performance reporting operates under the Montana Statewide Strategic Budget Plan framework under MCA Title 17 Ch. 7; that whistleblower protection operates under MCA Title 39 Ch. 2 Part 9; that state employment is governed by MCA Title 2 Ch. 18; and that the Montana False Claims Act under MCA 17-8-401 et seq. provides a state qui tam reward mechanism. This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH MONTANA LAW

Sec. 101. Definitions

  1. (a) “State agency” has the meaning in MCA 2-3-102.
  2. (b) “Legislative Audit Division” means the Division under MCA Title 5 Ch. 13.
  3. (c) “MFCA” means the Montana False Claims Act under MCA 17-8-401.

Sec. 102. Coordination with Existing Montana Law

  1. (a) Consistent with:
  • Mont. Const. Art. II Sec. 9 (Right to Know; Right of Participation).
  • MCA Title 2 Ch. 6 (Public Records); Ch. 3 (Public Participation in Government Operations).
  • MCA Title 5 Ch. 13 (Legislative Audit Division).
  • MCA Title 17 Ch. 7 (Statewide Strategic Budget Plan).
  • MCA Title 39 Ch. 2 Part 9 (Wrongful Discharge From Employment Act; whistleblower).
  • MCA Title 2 Ch. 18 (state personnel).
  • MCA 17-8-401 et seq. (MFCA).
  • MCA Title 2 Ch. 4 (Montana Administrative Procedure Act).

TITLE II — STATE-AGENCY OUTCOME PUBLICATION

Sec. 201. Montana Agency Outcome Dashboard

  1. (a) The Governor’s Office of Budget and Program Planning, in coordination with the Legislative Audit Division, shall maintain a Montana Agency Outcome Dashboard (“MT-AOD”).
  2. (b) Each State agency shall publish, for each major program, machine-readable performance data on cost per unit, output volume, and outcome measurement.
  3. (c) Updated at least quarterly.

Sec. 202. Integration with Budget Submissions

  1. (a) Each State agency shall include MT-AOD data in its biennial budget submission under MCA Title 17 Ch. 7.

TITLE III — STATE CIVIL-SERVICE ACCOUNTABILITY

Sec. 301. Published Performance Expectations

  1. (a) MCA Title 2 Ch. 18 shall be applied so that executive and director positions have published annual performance expectations tied to agency program measures.
  2. (b) Two-cycle failure grounds non-retention consistent with existing authority.

TITLE IV — REGULATORY PARTICIPATION

Sec. 401. Montana Regulatory Participation Dashboard

  1. (a) The Secretary of State, in coordination with agencies that adopt rules under MCA Title 2 Ch. 4, shall publish a Montana Regulatory Participation Dashboard.
  2. (b) Informational.

TITLE V — WHISTLEBLOWER REWARDS

Sec. 501. Montana False Claims Act Reward Alignment

  1. (a) MCA 17-8-412 (relator share under MFCA) is hereby amended so that a qui tam relator may receive a share aligned with the federal range under 31 U.S.C. Sec. 3730(d).
  2. (b) Amounts payable drawn from amounts recovered to the State.

TITLE VI — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 601. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 602. Effective Date

This Act shall take effect October 1 of the year following enactment.

Canonical federal version: GT&P. Other Montana bills: MT-ACSA, MT-MEWRA, MT-AI-Workforce.