January 27-31, 2025

Calendar shifts, vacations ruined; budget week enjoyed by all; a subcommittee of a subcommittee is still a subcommittee; naked cactus jumping; discrimination debates

Both the interminable month of January and Week 4 of the 69th Montana Legislature (Legislative Day 20 for those still keeping track) have drawn to a close. In the midst of many other less-important developments, the biennial Changing of the Legislative Calendar has taken place, resulting in a shift of the transmittal deadline and highly anticipated Transmittal Break to later in March and throwing into chaos the plans of all who had reservations at Chico Hot Springs.

The deadlines for requesting most types of bills have passed, so new requests are down to a trickle with 4,356 ideas in every stage of development from nascent to heavily amended to barely breathing to the law of the land.

Week 4 ushered in OCHE’s first series of budget hearings, while numerous policy bills of interest to OCHE, the student lobbyists, and the system had hearings and key votes.

Budget and Planning Subcommittees

Section E
On Monday, Tuesday, and Thursday, the Joint Appropriations Subcommittee on Education, which considers the OCHE/MUS budget in Section E of House Bill 2, held hearings on the system’s portion of Section E. The budget, as the Governor submitted it to the legislature, includes present law adjustments (adjustments to the base budget) of 7% each year of the biennium-- an increase of $16 million each year. The only new proposal included in the budget is a one-time-only general fund appropriation of $1 million for the development of a hybrid online law school at the University of Montana.

Commissioner Christian and OCHE staff, as well as Board of Regents Chair Buchanan, flagship, community college, and tribal college presidents, and directors of MUS agencies appeared before the Subcommittee to indicate full support for the proposed budget, present program information, and answer questions.

Through the process, the Subcommittee’s information requests included additional details on:

  • the Professional Student Exchange Programs (WICHE, WWAMI, ICOM, WIMU, MN Dental);
  • OCHE-administered federal student access programs, the services those programs provide, and the populations they serve; and
  • dual enrollment and the One-Two-Free program.

The Subcommittee chair, Rep. David Bedey (R-Hamilton), requested estimates of the costs of maintaining One-Two-Free for MUS campuses, as well as estimated costs of extending the program to Community Colleges and to Tribal Colleges.

Chair Bedey's comments at the conclusion of the hearings were positive and the budget is on solid footing.

The Commissioner, OCHE staff, and the Subcommittee will engage in work sessions on Monday and Tuesday to discuss the system’s and the legislature’s Shared Policy Goals and any final details on the budget.

The Subcommittee will act on this portion of Section E in mid-February and send its recommendation to the full House Appropriations and Senate Finance and Claims committees where another round of hearings awaits.

Section E and Section F
On Wednesday a joint subcommittee composed of the Section F Long-Range Planning Subcommittee and the Section E Subcommittee convened to hear the MUS's projects in HB 5 (Long-range building appropriations) and HB 10 (Long-range information technology appropriations).

For the MUS, HB 5 appropriations look like this:

  • $66 million for capital development projects;
  • $23 million for major repairs/deferred maintenance;
  • $80 million in spending authority for projects.

HB 10 appropriates just over $5 million to OCHE for CyberMontana (Security Operations Center, Workforce Training Programs, Cyber Policy Clinic), Security Information and Event Management (SIEM), and Enterprise Resource Planning and System Replacement (a combined appropriation for Miles Community College and Dawson Community College).

The Section F Subcommittee will act on HB 5 and HB 10 later in February.

On our Radar

(if you’re still reading …)

HB 13 – State employee pay plan
Having cleared the House on a final vote of 71-27, HB 13 is now in the hands of the Senate where a hearing has not yet been scheduled. The bill, sponsored by Rep. John Fitzpatrick (R-Anaconda), would:

  • increase the base pay of each employee by $1 an hour or by 2.5%, whichever is greater, each year of the 2027 biennium;
  • provide for travel reimbursement at 70% of the standard federal reimbursement rate; and
  • increase employer contribution benefits by $26 a month the first year of the biennium and $53 the second year.

As the pay plan wends its way through the process, the spotlight has shone brightest not on the provisions for state employees but on changes to the amount and calculation of legislator pay. It is an argument OCHE can happily stay out of and the likely reason for many of the nay votes the bill has received.

SB 44 - Generally revise laws regarding the separation of powers doctrine
The bill, sponsored by Sen Daniel Emrich (R-Great Falls), seeks to revise and codify laws regarding the separation of powers doctrine and define in the Montana Code Annotated the powers of the Executive Branch, the Legislative Branch, the Judicial Branch, the Board of Regents, and the Board of Public Education. Emrich has maintained in the hearing and floor discussion that the Montana Supreme Court has not been clear on and has not “made the effort” to define the powers of the Board of Regents. During the bill’s 2nd Reading discussion, Sen. Laura Smith (D-Helena) argued that the Court has been crystal clear on the Board’s powers, citing its unanimous decision on Board of Regents v. the State of Montana (2022).

The bill cleared its 2nd Reading vote 32-18, only to fail on 3rd Reading the next day, 23-26. On Thursday, an effort by the sponsor to revive it failed 27-20.

 

SB 210 – Revise board of regents laws to remove statutory requirement for student regent
The Senate Education and Cultural Resources Committee heard SB 210 on Thursday. The bill, sponsored by Sen. John Fuller (R-Kalispell), strikes statutory language requiring appointment of a student regent to the BOR. In his opening remarks, Fuller said a long-ago student Regent he knew had told him that serving on the Board felt like he had “taken his clothes off and jumped on a cactus,” presumably because it was too much to learn in a too-short period of time. Proponents continued with the argument that a 7-member board would work best and be more effective if all members served the 7-year staggered terms, especially given the BOR’s considerable powers and responsibilities. The BOR, it was suggested, could include a student representative at the table, similar to the Board of Public Education and how the BOR includes faculty representation.

Opponents speaking for student organizations testified that student representation at the highest level of leadership was critical to their concerns being addressed, and as the primary consumers of MUS services, that  voting membership needs to be continued. They said the coveted seat is an aspirational goal for student leaders and a vital link between the BOR and the student population. The opponents emphasized the bill sends a message that student voices don’t matter, noting that other states are increasing student involvement on governing boards.

OCHE took no position, appearing as an informational witness. The committee has not yet acted on the bill.

HB 121 – Provide privacy in certain restrooms, changing rooms, and sleeping quarters
The bill, sponsored by Rep. Kerri Seekins-Crow (R-Billings), seeks to require "covered entities" to "designate each multi-occupancy restroom, changing room, or sleeping quarters for the exclusive use of females or males." In the bill, a covered entity is considered to be a correctional center, a juvenile detention facility, a local domestic violence program, a public building, or a public school. The bill provides that a person may bring a private cause of action against a covered entity that has not complied with the requirements if the person encounters another individual of the opposite sex in the restroom or changing room.

HB 121 cleared the House on a 58-41 vote and had its hearing in the Senate Judiciary Committee on Thursday.

The committee will likely act on HB 121 next week.

 

HB 300 - Generally revise laws related to discrimination in education
HB 300, also sponsored by Rep. Seekins-Crow, would make it an unlawful discriminatory practice "for an educational institution to allow a male person to participate in athletic programs designated for female persons.” It would also be considered an unlawful discriminatory practice for an educational institution to “fail to provide a person with access to a restroom, locker room, shower area, or sleeping quarter that is inaccessible by a person of the opposite sex while in use.”

The House Judiciary Committee heard the bill Friday morning. OCHE was among the opponents with testimony that enactment of the bill would force the MUS out of compliance with NCAA policy, putting the system at risk of fines or ineligibility to host playoff games. In addition, Deputy Commissioner Hollenbaugh argued, the description of what would be considered an unlawful discriminatory practice is overbroad.

The committee will likely act on HB 300 next week.

 

SJ 7 - Joint resolution to support shooting competition as a collegiate sport
Sponsored by Sen. John Fuller (R-Kalispell), SJ 7 would encourage the Board of Regents and the units of the MUS to adopt and facilitate shooting sports competitions as collegiate sports, to partner with nonuniversity personnel and entities to facilitate shooting sports competitions as collegiate sports, and to develop endowments and offer scholarships for enrolled students competing in shooting sports.

The resolution fired through the Senate and awaits its hearing in the House Education Committee. No date has been set.

Seen not Heard

HB 282 - Revise tuition waiver laws for American Indian students
HB 282, sponsored by Rep. Tyson Running Wolf (D-Browning), would revise the American Indian student tuition and fee waiver statute to include persons who are “descendants of a federally recognized Indian tribe” located in Montana and would require that in order for a descendant to be eligible, a certification process must be adopted by the tribe and a copy of the certificate provided to the MUS.

The Senate Education and Cultural Resources Committee has not set a hearing date for the bill.


HB 284 – Establish an interim committee to investigate civil rights violations and censorship within the MUS
HB 284, sponsored by Rep. Caleb Hinkle (R-Belgrade), proposes to create an interim committee to “investigate civil rights violations and acts of censorship committed by the Montana University System.” The committee would “gather testimony on the record from Montana students on any civil rights violations or acts of censorship that the students have experienced or witnessed at Montana public universities and colleges and make findings and recommendations for state and federal officials.” Committee membership would consist of six legislators, one from each house being from the minority party. HB 284 seeks an appropriation of $13,500 from the state general fund for expenses.

A hearing is scheduled in the House Judiciary Committee on February 13.

Not Dead ... Yet

An old session adage is that nothing is really dead until sine die (adjournment “without a day” when both chambers pack it up for the biennium). Procedural gymnastics and rules contortions can and do resuscitate even the coldest corpses. A bill that has been tabled in a committee is not necessarily gone forever, but it doesn’t bode well.

HB 153 - Revise laws related to the school funding interim commission
Sponsored by Rep. David Bedey (R-Hamilton), HB 153 would have amended the membership of the statutory School Funding Interim Commission to include the "presiding officer of the Board of Regents or the presiding officer's designee," as well as additional gubernatorial appointees. The bill also looked to create as part of the study an "innovation and excellence in education working group to develop recommendations, objectives, and an implementation plan ... to improve the basic system of free, quality, public elementary and secondary schools. 

On Monday, the House Education Committee on Monday tabled the bill on a 12-3 vote.

HB 163 - Provide for health care preceptor individual income tax credit
Rep. Ken Walsh (R-Twin Bridges), sponsored HB 163, providing for tax credits for health care preceptors. The bill was aimed at incentivizing practicing health care providers to serve as preceptors for students enrolled in graduate-level academic degree-granting programs or graduate medical education programs who need to fulfill clinical training hour requirements.

Last week, the House Taxation Committee unanimously tabled the measure.

Time Served

Legislative Day: 20
Percent complete: 22.22%