House Bill No. 229

INTRODUCED BY H. HANSON, HERTEL, FORRESTER, QUILICI
BY REQUEST OF THE GOVERNOR

[Editor's note: The following is HB 229 as enacted. It was amended several times before passage. Some of the changes were unknown to our contributors at the time of their writing.]

AN ACT ENTITLED: "AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE X, SECTION 9, OF THE MONTANA CONSTITUTION TO REPLACE THE BOARD OF EDUCATION, THE BOARD OF REGENTS, AND THE COMMISSIONER OF HIGHER EDUCATION WITH THE DEPARTMENT OF EDUCATION AND A STATE EDUCATION COMMISSION; PROVIDING TRANSITIONAL INSTRUCTIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE"

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

[Editor's note: This is the form in which the issue will appear on the ballot as C-30. A strikethrough indicates the word is to be removed, an underline means the word is to be added.]

Section 1. Article X, section 9, of The Constitution of the State of Montana is amended to read:

"Section 9. Boards Department of education--state education commission --board of public education.

1. There is a state board of education composed of the board of regents of higher education and the board of public education. It is responsible for long-range planning, and for coordinating and evaluating policies and programs for the state's educational systems. It shall submit unified budget requests. department of education, with a director appointed by the governor. The department and the director shall have duties as assigned by law.
2. There is a state education commission, consisting of eight members appointed by the governor and confirmed by the senate to staggered terms as provided by law. The commission shall have duties assigned by law. A Except in the case of a tie vote at any meeting may be broken by of the commission, the governor, who director shall serve as the non-voting presiding officer and is an ex officio member of each component board the commission.
1. The government and control of the Montana university system is vested in a board of regents of higher education which shall have full power, responsibility, and authority to supervise, coordinate, manage, and control the Montana university system and shall supervise and coordinate other public educational institutions assigned by law.
2. The board consists of seven members appointed by the governor, and confirmed by the senate, to overlapping terms, as provided by law. The governor and superintendent of public instruction are ex officio non-voting members of the board.
3. The board shall appoint a commissioner of higher evocation and prescribe his term and duties.
4. The funds and appropriations under the control of the board of regents are subject to the same audit provisions as are all other state funds.
1. There is a board of public education to exercise general supervision over the public school system and such other public educational institutions as may be assigned by law. Other duties of the board shall be provided by law.
2. The board consists of seven members appointed by the governor, and confirmed by the senate, to overlapping terms as provided by law. The governor commissioner of higher education and state superintendent of public instruction shall be ex officio non-voting members of the board."

Section 2. Effective date. If approved by the electorate, this amendment is effective on passage and approval.

Section 3. Transition. Upon passage and approval, the governor may create a department of education and the state education commission as provided in Article X, section 9. The department and the commission may exercise statutorily assigned duties. The board of regents and the commissioner of higher education shall continue to perform duties that were constitutionally assigned until January 1, 2001. The terms of office and appointments to the board of regents remain in effect until January 1, 2001.

Section 4. Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the general election to be held in November, 1996, by printing on the ballot the full title of this act and the following:

[] FOR replacing the board of education, board of regents, and commissioner of higher education with a department of education and a state education commission.

[] AGAINST replacing the board of education, board of regents, and commissioner of higher education with a department of education and a state education commission.

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[Editor's Note: As indicated in Section 4 (above) only the full title and the for and against options will appear on the ballot. The full text of the bill will not.]