House Bill No. 17

Introduced By pavlovich

By Request of the Joint Interim Subcommittee on Veterans' Needs

A Bill for an Act entitled: "An Act Appropriating $380,000 For Fiscal Year 1998 and $760,000 For Fiscal Year 1999 To the Department of Military Affairs To Award Scholarships Pursuant to the Montana National Guard Scholarship Program; and providing effective dates."

WHEREAS, the Montana National Guard is recognized by the highest command levels as an outstanding military organization; and

WHEREAS, the Montana National Guard has been assigned a force structure that provides exceptional opportunity as it moves into the 21st century; and

WHEREAS, the Montana National Guard cannot and should not depend solely upon federal programs to entice Montana citizenry to join or stay in the Guard; and

WHEREAS, the state's investment of $1.14 million in the Montana National Guard scholarship program could provide to Montana communities approximately $2 million annually that is currently not being realized in wages and tax revenue.

STATEMENT OF INTENT

A statement of intent is necessary for this bill because [section 1] authorizes the department of military affairs to adopt rules necessary to implement and administer a national guard scholarship program and provides the department with specific guidelines for the proposed rules.

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1.  Montana national guard scholarship program -- rulemaking. (1) There is a Montana national guard scholarship program from which the department may award up to 450 national guard scholarships or enhanced scholarships for fiscal year 1998 and up to 900 national guard scholarships or enhanced scholarships for fiscal year 1999 to qualified Montana national guard members.

(2) A national guard scholarship:

(a) may not exceed:

(i) $400 a semester or $800 a year; and

(ii) a total of $3,200 over a career, with no limit as to the number of years;

(b) is available only during fall and spring semesters unless approved by an army or air education officer;

(c) must be based on a 6-year enlistment in or a qualifying reenlistment commitment to the Montana national guard; and

(d) is exclusive of the Montgomery GI Bill Act of 1984 (10 U.S.C. 16131 through 16135), enlistment bonuses, or any other federal incentive or entitlement.

(3) An enhanced scholarship is a scholarship that is awarded in addition to a national guard scholarship and that:

(a) may not exceed:

(i) $200 a semester or $400 a year; and

(ii) a total of $1,600 over a career, with no limit as to the number of years; and

(b) is available only to members of identified priority units.

(4) Pursuant to Title 2, chapter 4, the adjutant general shall adopt rules necessary to implement and administer the provisions of this section, including rules that:

(a) outline the selection and qualification criteria for scholarship applicants;

(b) define the terms used in the scholarship program; and

(c) establish procedures and forms to be used by scholarship applicants.

NEW SECTION. Section 2.  Appropriation. The following money is appropriated from the general fund to the department of military affairs to award scholarships pursuant to the Montana national guard scholarship program created in [section 1]:

Fiscal year 1998 $380,000

Fiscal year 1999 $760,000

NEW SECTION. Section 3.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 10, chapter 1, part 1, and the provisions of Title 10, chapter 1, part 1, apply to [section 1].

NEW SECTION. Section 4. Effective dates. (1) Except as provided in subsection (2), [this act] is effective July 1, 1997.

(2) [Section 1(4) and this section] are effective on passage and approval.

-END-