2009 Montana Legislature

SENATE BILL NO. 252

INTRODUCED BY COONEY, ANKNEY, BALES, BALYEAT, BARKUS, DE. BARRETT, B. BECK, P. BECK, BECKER, BELCOURT, BENNETT, BLACK, BLEWETT, BOLAND, BRANAE, BRENDEN, D. BROWN, T. BROWN, BUTCHER, CAFERRO, COHENOUR, DICKENSON, ERICKSON, ESP, ESSMANN, FRENCH, FUREY, GALLUS, GEBHARDT, GILLAN, GRINDE, HAMLETT, HANSEN, HAWK, HAWKS, HENRY, HINKLE, HOLLANDSWORTH, INGRAHAM, JACKSON, JENT, KASTEN, KAUFMANN, KEANE, KLOCK, LAIBLE, LAKE, LARSEN, LASLOVICH, LEWIS, MACDONALD, MACLAREN, MCGEE, R. BROWN, BRUEGGEMAN, EBINGER, MCGILLVRAY, MCNUTT, MENAHAN, MENDENHALL, MILLER, MORE, MORGAN, MOSS, MURPHY, NOONEY, O'HARA, PERRY, J. PETERSON, K. PETERSON, POMNICHOWSKI, RANDALL, REGIER, REICHNER, RIPLEY, ROBERTS, SHOCKLEY, SMITH, SONJU, SQUIRES, STAHL, STEENSON, STEINBEISSER, STEWART-PEREGOY, STOKER, STORY, TAYLOR, J. TROPILA, TUTVEDT, VAN DYK, VANCE, VILLA, WANZENRIED, WARBURTON, WILLIAMS, WINDY BOY, ZINKE

AN ACT REVISING THE CAPITOL COMPLEX MASTER PLAN ACT SO THAT THE STATE BUILDING NAMING PROVISIONS AND OTHER RESTRICTIONS DO NOT APPLY TO THE CLASSROOM BUILDING ON THE MONTANA LAW ENFORCEMENT ACADEMY CAMPUS IN HELENA; AMENDING SECTIONS 2-17-807 AND 2-17-808, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, Karl Ohs served the State of Montana honorably as a member of the Montana House of Representatives in 1995, 1997, and 1999 and as Lieutenant Governor from 2001 through 2004; and

WHEREAS, Karl Ohs is widely regarded for the role that he played in negotiating a peaceful resolution to a standoff with the Montana Freemen in 1996.

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

Section 1. Section 2-17-807, MCA, is amended to read:

"2-17-807. Approval for displays and naming buildings, spaces, and rooms. (1) A state building, space, or room in the capitol complex may not be named after an individual or a bust, plaque, statue, memorial, monument, or art display may not be displayed on a long-term basis in the capitol complex or on the capitol complex grounds unless the building, space, or room name or display is approved by the legislature and complies with this part. The capitol building, including any future additions and expansions, may not be named after any person, as defined in 2-4-102.

(2) (a) Except as provided in subsections (2)(b) and (2)(c), through (2)(d), a state building, space, or room in the capitol complex may not be named after an individual or a bust, plaque, statue, memorial, monument, or art display commemorating an individual may not be displayed on a long-term basis in the capitol complex unless the individual has been deceased for at least 10 years.

(b) The statue of Mike and Maureen Mansfield authorized in 2-17-808(1)(d)(iii) and the plaque commemorating President George H. W. Bush authorized in 2-17-808(2)(b)(ii) may continue to be displayed in the capitol complex.

(c) A public building within the capitol complex constructed with private funds after April 17, 2007, or a space or room constructed with private funds after April 17, 2007, in a public building, other than the capitol building, may bear a name designated by the benefactor of the building, space, or room if:

(i) the building, space, or room is to be owned by or used exclusively or primarily by the Montana historical society to store or display artifacts or other property owned by the Montana historical society; and

(ii) the building, space, or room and the designated name are approved by the council and by the board of the historical society, provided for in 2-15-1512.

(d) The classroom building authorized in May 2007 to be built at the Montana law enforcement academy may be named after Karl Ohs, and a plaque and the Lou Peters award commemorating Karl Ohs may be displayed there.

(3) A bust, plaque, statue, memorial, monument, or art display commemorating an event, including a military event, may not be displayed on a long-term basis in the capitol complex until 10 years after the end of the event.

(4) All busts, plaques, statues, memorials, monuments, or art displays authorized, but not installed within 5 years of authorization, must be reauthorized.

(5) The department of administration may review and approve the temporary display of a bust, plaque, statue, memorial, monument, or art display for up to 1 year in the capitol complex or on the capitol complex grounds."

Section 2. Section 2-17-808, MCA, is amended to read:

"2-17-808. Placement of certain busts, plaques, statues, memorials, monuments, and art displays. (1) The following busts, plaques, statues, memorials, monuments, and art displays are to be placed for up to 50 years, subject to renewal, in the capitol:

(a) the busts of Thomas J. Walsh, Burton K. Wheeler, and Joseph Dixon;

(b) the plaques commemorating Theodore Brantley, Fred Whiteside, the first Montana volunteers who fought in the Spanish-American War, the construction of the capitol from 1899 to 1902, the 1972 Montana constitutional convention, and the women legislators' centennial;

(d) the statues of:

(i) Wilbur Fiske Sanders;

(ii) Jeannette Rankin; and

(iii) Mike and Maureen Mansfield;

(e) the Montana statehood centennial bell;

(f) the gallery of outstanding Montanans;

(g) the Montana constitutional exhibit; and

(h) the biographical descriptions of Montana's governors, to be placed near the portraits of the governors.

(2) The following busts, plaques, statues, memorials, monuments, and art displays are to be placed for up to 50 years, subject to renewal, on the grounds of the capitol:

(a) the statues of Thomas Francis Meagher and Lady Liberty;

(b) the plaques commemorating:

(i) Donald Nutter;

(ii) President George H. W. Bush; and

(iii) American prisoners of war and personnel of the United States armed services missing in action;

(c) two benches with plaques recognizing contributors to the 1997-2000 capitol restoration, repair, and renovation project;

(d) the Montana centennial square; and

(e) the monument of the ten commandments.

(3) The following busts, plaques, statues, memorials, monuments, and art displays are to be placed for up to 50 years, subject to renewal, on the capitol complex grounds:

(a) the statue by Robert Scriver entitled "symbol of the pros";

(b) the monuments to the liberty bell, the veterans' and pioneer memorial building--landscape beautification project, Montana veterans, and Pearl Harbor survivors and the peace pole;

(d) the plaques commemorating the Montana national guard and Lewis and Clark; and

(e) the arrastra.

(4) The following busts, plaques, statues, memorials, monuments, and art displays are to be placed for up to 50 years, subject to renewal, in state buildings on the capitol complex:

(a) the paintings of Dr. W. F. Cogswell and the paintings entitled "burning bush", "dryland farmer", "farm girl", "the river rat", "top of the world", "angus #68", "the source", "the Bozeman trail", and "the Mullan road";

(b) the art displays known as "Montana workers--mining, ranching, and building", "copper city rodeo", "dancing cascade", "save a piece of the sky", and "night light";

(c) the plaque commemorating Walt Sullivan, the plaque of the Sam W. Mitchell building, and the plaque commemorating the original headquarters of the Montana highway patrol; and

(d) the busts of Lee Metcalf and Sam W. Mitchell.; and

(e) the plaque and Lou Peters award commemorating Karl Ohs.

(5) The senate sculpture depicting the Lewis and Clark expedition is to be placed for up to 50 years, subject to renewal, on the west wall in the senate chambers.

(6) The council shall determine the specific placement of the items identified in subsections (1) through (4)."

Section 3. Effective date. [This act] is effective on passage and approval.

- END -

Latest Version of SB 252 (SB0252.ENR)
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