Montana House Bill HB197

Montana 2023 Regular Session

• Introduced: 1/6/23
• Refer: 1/16/23

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.