HOUSE BILL NO. 288
INTRODUCED BY N. BIXBY
A BILL FOR AN ACT ENTITLED: "AN ACT STATUTORILY APPROPRIATING MONEY TO THE BOARD OF REGENTS TO DISTRIBUTE AS FINANCIAL ASSISTANCE FOR RESIDENT NONBENEFICIARY STUDENTS ATTENDING TRIBALLY CONTROLLED COMMUNITY COLLEGES; AMENDING SECTIONS 17-7-502 AND 20-25-428, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 17-7-502, MCA, is amended to read:
"17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.
(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:
(a) The law containing the statutory authority must be listed in subsection (3).
(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.
(3) The following laws are the only laws containing statutory appropriations: 2-17-105; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-111; 15-23-706; 15-31-702; 15-34-115; 15-35-108; 15-36-324; 15-37-117; 15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-406; 16-1-411; 17-3-106; 17-3-212; 17-3-222; 17-6-101; 17-7-304; 18-11-112; 19-3-319; 19-6-709; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 19-20-604; 20-8-107; 20-25-428; 20-26-1503; 22-3-1004; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 37-43-204; 37-51-501; 39-71-503; 42-2-105; 44-12-206; 44-13-102; 50-4-623; 53-6-703; 53-24-206; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 77-1-505; 80-2-222; 80-4-416; 80-11-518; 81-5-111; 82-11-161; 87-1-513; 90-3-1003; 90-6-710; and 90-9-306.
(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; pursuant to Ch. 422, L. 1997, the inclusion of 15-1-111 terminates on July 1, 2008, which is the date that section is repealed; pursuant to sec. 10, Ch. 360, L. 1999, the inclusion of 19-20-604 terminates when the amortization period for the teachers' retirement system's unfunded liability is 10 years or less; pursuant to sec. 4, Ch. 497, L. 1999, the inclusion of 15-38-202 terminates July 1, 2014; and pursuant to sec. 10(2), Ch. 10, Sp. L. May 2000, the inclusion of 15-35-108 and 90-6-710 terminates June 30, 2005.)"
Section 2. Section 20-25-428, MCA, is amended to read:
"20-25-428. Financial assistance for resident nonbeneficiary students -- statutory appropriation. (1) Subject to a
line item appropriation for purposes of this section, the The regents shall provide distribute financial assistance to tribally
controlled community colleges for enrolled resident nonbeneficiary students. The financial assistance is statutorily
appropriated, as provided in 17-7-502, from the general fund to the board of regents for distribution to tribally controlled
community colleges.
(2) Each tribal community college shall apply for this assistance to the regents. Except as provided in subsection (6) (5),
the money must be distributed on a prorated basis according to the resident nonbeneficiary student enrollment in each tribal
community college during the previous year. To qualify, a resident nonbeneficiary student shall meet the residency
requirements as prescribed for the system by the regents. The distribution for any student is limited to a maximum of
$1,500 $2,300 each year for each full-time equivalent student.
(3) An expenditure is contingent upon the tribal community college:
(a) being accredited or being a candidate for accreditation by the northwest association of schools and colleges;
(b) entering into a contract or a state-tribal cooperative agreement, pursuant to Title 18, chapter 11, with the regents to provide the regents with information relating to eligibility of resident nonbeneficiary students and documentation on the curriculum to ensure that the content and quality of courses offered by the tribal community college are consistent with the standards adopted by the system; and
(c) filing with the regents evidence that the college's enrollment of Indian students is at least 51%, as required by the Tribally Controlled Community College Assistance Act of 1978, 25 U.S.C. 1804.
(4) If funding is available pursuant to subsection (1), the The legislature intends that the money be an amount in
addition to the system budget approved in the general appropriations act.
(5) All funds appropriated under subsection (1) that are unspent revert to the state general fund.
(6)(5) Prior to receiving money pursuant to subsection (1), each tribal community college shall:
(a) grant to resident nonbeneficiary students who meet the residency requirements, as prescribed for the system by the regents, fee waivers in the same percentage as the number of Indian students who are receiving fee waivers to attend a unit of the system bears to the total enrollment in the system; and
(b) subtract the costs of resident nonbeneficiary fee waivers granted under subsection (6)(a) (5)(a) from the total amount
of prorated money to be distributed.
(7)(6) The calculation in subsection (6) (5) is not intended to allow the university system to retain the calculated amount
of funds. Waivers must be given to eligible students."
NEW SECTION. Section 3. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations.
NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 2001.
- END -
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