Montana 2023 Regular Session

Montana House Bill HB517

Introduced
2/13/23  
Refer
2/15/23  
Engrossed
4/4/23  
Refer
4/5/23  
Refer
4/24/23  

Caption

Constitutional amendment regarding board of regents

Impact

If passed, HB 517 would significantly alter the framework governing the Montana University System by granting lawmakers the explicit authority to implement policies that secure the constitutional rights of individuals in the educational environment. This change could lead to state-mandated procedures and remedies in cases where rights have been violated, thereby empowering individuals and fostering accountability within the educational system. It is a proactive measure ensuring that the University System aligns with constitutional mandates and justice for those seeking recourse against violations.

Summary

House Bill 517 seeks to amend Article X, Section 9 of the Montana Constitution to allow the state's lawmakers to enact laws aimed at protecting the constitutional rights of students, faculty, and staff within the Montana University System. The bill emerged in response to judicial interpretations that have previously limited the state's authority in safeguarding these rights, particularly concerning issues of freedom of speech and due process. By affirming the legislatures’ capability to establish protections, proponents argue this amendment is crucial for upholding educational freedoms and civil liberties in Montana's academic institutions.

Sentiment

The sentiment surrounding HB 517 appears to be largely positive among its supporters, who view it as a necessary step toward enhancing protection of individual rights in educational settings. However, there may also be concerns raised by opponents regarding the breadth of this legislative power and the implications it has for university autonomy and governance. As the bill relates closely to fundamental rights, it undoubtedly stirs fervent discussions about the balance between legislative authority and educational independence.

Contention

Key points of contention surrounding HB 517 include the implications of expanding legislative authority over the Montana University System, which may raise concerns about interference with academic freedom and administrative independence. Critics may argue that while aiming to protect rights, such legislative actions could inadvertently curtail educational institutions’ ability to govern their own affairs effectively. Furthermore, the bill's potential to mandate statutory remedies for violations could lead to increased litigation and administrative challenges within the university system.

Companion Bills

No companion bills found.

Previously Filed As

MT HB197

Constitutional amendment on article X, section 9

MT HB996

(Constitutional Amendment) Abolishes the Board of Regents, LSU board, Southern University board, and UL board and creates the La. University System Board of Trustees (OR SEE FISC NOTE GF EX)

MT HB396

(Constitutional Amendment) Provides relative to the powers of the public postsecondary education management boards and the Board of Regents

MT SB00330

An Act Concerning The Board Of Regents.

MT HB342

(Constitutional Amendment) Abolishes the Board of Regents and transfers certain board powers, duties, and responsibilities to a newly created board (OR INCREASE GF EX See Note)

MT HB365

(Constitutional Amendment) Provides for members of the postsecondary education management boards and the Board of Regents to have qualifications provided by law

MT HB588

(Constitutional Amendment) Provides for members of the postsecondary education management boards and the Board of Regents to have qualifications provided by law

MT HB511

(Constitutional Amendment) Provides relative to Board of Regents authority to coordinate programs

MT SR75

Resolution to support U.S. constitutional amendment regarding campaign finance

MT HB507

(Constitutional Amendment) Provides relative to the powers of the public postsecondary education management board and the Board of Regents

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