Montana 2023 Regular Session

Montana House Bill HB197

Introduced
1/6/23  

Caption

Constitutional amendment on article X, section 9

Impact

If enacted, this amendment would significantly impact how the Board of Regents operates within the state’s higher education system. It would affirm the Board's role as an administrator under the Montana Constitution, ensuring that it does not transcend its powers or position, effectively treating it as a subordinate body to the constitution. This could result in a more transparent and accountable governance structure for higher education in Montana, addressing concerns regarding the Board's claims of immunity to certain constitutional restraints.

Summary

House Bill 197 proposes a constitutional amendment to clarify the authority of the Board of Regents of Higher Education in Montana. The amendment to Article X, Section 9, is intended to establish that the powers delegated to the board are subordinate to the broader constraints of government defined in other parts of the Montana Constitution and are subject to state laws approved by the legislative and executive branches. This adjustment seeks to reinforce the notion that the Board of Regents cannot assert authority beyond that which is granted by the constitution or enacted laws.

Contention

The initiative to amend Article X has generated a significant amount of debate within the legislature. Supporters advocate for the amendment as a necessary clarification to prevent the Board of Regents from acting as a fourth branch of government, which they argue could endanger the checks and balances intrinsic to the state's governance. Critics, however, may argue that it imposes unnecessary constraints that could hinder the Board's operational effectiveness and violate the independence often required in educational governance. The nuances of this conversation reflect broader themes of local versus state control and the balance of power within governmental structures.

Companion Bills

No companion bills found.

Previously Filed As

MT HB316

Constitutional amendment to define person

MT HB287

Proposing Amendments To Article X, Section 2 And Article Xviii, Section 12, Of The Constitution Of The State Of Hawaii To Establish Local Elected School Boards.

MT HB287

Proposing Amendments To Article X, Section 2 And Article Xviii, Section 12, Of The Constitution Of The State Of Hawaii To Establish Local Elected School Boards.

MT HB2234

Proposing Amendments To Article X Of The Hawaii State Constitution.

MT HB2476

Proposing Amendments To Article Vii, Sections 12 And 13, Of The Hawaii State Constitution.

MT SB3219

Proposing Amendments To Article Vii, Sections 12 And 13, Of The Hawaii State Constitution.

MT HB506

Constitutional amendment revising selection of supreme court justices

MT SB185

Constitutional amendment regarding qualified elector to require that only a citizen can vote

MT HB472

(Constitutional Amendment) Revises Article VII of the Constitution of La. (OR -$139,000,000 GF RV See Note)

MT HB582

Proposing Amendments To Article X, Section 2 And Article Xviii, Section 12, Of The Constitution Of The State Of Hawaii To Establish A School Board Comprised Of Appointed And Elected Members.

Similar Bills

LA HB472

(Constitutional Amendment) Revises Article VII of the Constitution of La. (OR -$139,000,000 GF RV See Note)

NJ ACR123

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR75

Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.

NJ SCR43

Proposes constitutional amendment authorizing Legislature to invalidate certain court decisions.

LA HB244

(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)

LA HB678

(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)

LA HB473

(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)

HI SB1225

Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.