2017 Montana Legislature
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HOUSE BILL NO. 265
INTRODUCED BY M. DUNWELL
A BILL FOR AN ACT ENTITLED: "AN ACT CREATING A SCHOOL SUICIDE PREVENTION COMPETITIVE GRANT PROGRAM; REQUIRING GRANTEE SCHOOL DISTRICTS TO ADOPT AND IMPLEMENT A SUICIDE PREVENTION PLAN; REQUIRING THE SUPERINTENDENT OF PUBLIC INSTRUCTION TO DEVELOP A MODEL SUICIDE PREVENTION PLAN; REQUIRING ALLOWING GRANTEE SCHOOL DISTRICTS TO PROVIDE UNIVERSAL SCREENERS OR ANNUAL MENTAL HEALTH SCREENINGS OR BOTH; REQUIRING GRANTEE SCHOOL DISTRICTS TO NOTIFY PARENTS OF THE MENTAL HEALTH SCREENING AND ALLOWING PARENTS TO OPT A STUDENT OUT OF THE MENTAL HEALTH SCREENING THROUGH PASSIVE CONSENT; INCREASING THE RENTAL VEHICLE SALES AND USE TAXES; PROVIDING A STATUTORY APPROPRIATION; AMENDING SECTIONS 15-68-102, 15-68-820, AND SECTION 17-7-502, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. School suicide prevention competitive grant program. (1) There is a school suicide prevention competitive grant program. The purpose of the program is to provide grants to school districts who need assistance to develop a school- and district-wide system of support for students.
(2) The office of public instruction shall administer the grant program. Grantee schools must use the grant funds to develop and implement suicide prevention programs in accordance with [sections 2 and 3].
NEW SECTION. Section 2. Suicide prevention plan -- required elements. (1) A school district that is awarded a grant pursuant to [section 1] shall adopt and implement a suicide prevention plan. The suicide prevention plan must include, at a minimum, a mental health crisis response protocol, AND EITHER a resiliency curriculum, and OR a suicide prevention curriculum.
(2) The mental health crisis response protocol must:
(a) identify a suicide risk response coordinator at each school in the district;
(b) identify mental health service providers within the community or nearest to the community to whom a student may be referred;
(c) ensure that all staff members understand and are familiar with the protocol;
(d) include a policy to maintain confidentiality and protect student privacy by complying with applicable state and federal laws;
(e) contain a process to facilitate a student's return to school after a suicide attempt or related behavioral health issues and provide a process for continued follow-up and support for the student;
(f) specify a procedure for deciding when to implement the protocol and what aspects of the protocol to implement based on the nature of the event; and
(g) identify the district's long-term response to a suicide.
(3) The resiliency curriculum must meet the following requirements:
(a) The curriculum must:
(i) be identified as an evidence-based program;
(ii) be tailored to provide developmentally appropriate information and materials to students in grades 1-5;
(iii) use best practices, culturally based promising practices, or both, in teaching positive interpersonal, cross-cultural, and resiliency skills;
(iv) promote positive attitudes and resiliency;
(v) encourage students to seek help for themselves and for their peers; and
(vi) be presented to students in grades 1-5 annually.
(b) The curriculum must contain the following content:
(i) how to improve self-regulation;
(ii) how to improve self-control;
(iii) self-management techniques; and
(iv) how to collaborate with others.
(4) The suicide prevention curriculum must meet the following requirements:
(a) The curriculum must:
(i) be identified as an evidence-based program;
(ii) be tailored to provide developmentally appropriate information and materials to students in grades 6-12;
(iii) use best practices, culturally based promising practices, or both, in teaching suicide prevention;
(iv) provide information about suicide prevention;
(v) increase a student's ability to recognize if the student or the student's peers are at risk for suicide;
(vi) encourage students to seek help for themselves and for their peers; and
(vii) be presented to students in grades 6-12 annually.
(b) The curriculum must contain the following content:
(i) basic information about depression and suicide;
(ii) warning signs that indicate a student may be at risk of suicide;
(iii) underlying factors that place a student at higher risk of suicide;
(iv) appropriate responses to someone who is depressed or suicidal; and
(v) help-seeking skills and resources, including the location and contact information for resources located at the school and within the community.
(5) By December 31, 2017, the superintendent of public instruction shall develop a model suicide prevention plan in compliance with this section and make the model plan available for districts to use as a resource. The model plan must be reviewed annually and updated to reflect current best practices to prevent suicide and promote resiliency. The model plan must be developed and maintained in coordination with the state suicide prevention coordinator at the department of public health and human services.
NEW SECTION. Section 3. Universal screener -- mental health screening -- opt-out provision. (1) A school district must THAT IS AWARDED A GRANT PURSUANT TO [SECTION 1] MAY provide a universal screener tool to the certified school staff in the district, an annual mental health screening to each student ages 12 and older IN GRADES 7-12, or both.
(2) A universal screener tool must:
(a) be designed to be completed by the certified school staff in the district;
(b) be an evidence-based screener tool;
(c) identify students who are at risk for internalizing or externalizing problems;
(d) apply uniform standards to determine risk; and
(e) enable certified school staff and other district staff to implement early interventions and supports.
(3) (a) The mental health screening may be offered in the form of a written survey provided to students as part of a regular health education class.
(b) At least two weeks prior to the date of the mental health screening, the school district shall provide the parent or guardian of each student with written notice of the mental health screening, either by mail or by e-mail. The notice must inform the parent or guardian:
(i) that the parent or guardian may decline to have the student participate in the mental health screening; and
(ii) that the student will participate in the mental health screening unless the parent or guardian notifies the school district that the parent or guardian does not consent to the screening of the student.
(c) The school district shall include a policy for administering the annual mental health screenings as part of the suicide prevention plan required under [section 2]. The policy must describe who administers the survey, who has access to the results of the survey, and how privacy requirements are satisfied.
NEW SECTION. Section 4. School suicide prevention grant program account. (1) There is a school suicide prevention grant program account in the state special revenue fund. The purpose of the account is to fund the school suicide prevention competitive grant program provided for in [sections 1 through 3].
(2) The school suicide prevention grant program account consists of money transferred into the account pursuant to 15-68-820(3).
(3)(2) The money in the account is statutorily appropriated, as provided in 17-7-502, to the office of public instruction for the purpose specified in subsection (1).
(4)(3) The account is administered by the office of public instruction. The office of public instruction may use up to 5% of the funds transferred into the account in each fiscal year for costs related to administering the school suicide prevention competitive grant program.
Section 5. Section 15-68-102, MCA, is amended to read:
"15-68-102. Imposition and rate of sales tax and use tax -- exceptions. (1) A sales tax of the following percentages is imposed on sales of the following property or services:
(a) 3% on accommodations and campgrounds;
(b) 4% 5% on the base rental charge for rental vehicles.
(2) The sales tax is imposed on the purchaser and must be collected by the seller and paid to the department by the seller. The seller holds all sales taxes collected in trust for the state. The sales tax must be applied to the sales price.
(3) (a) For the privilege of using property or services within this state, there is imposed on the person using the following property or services a use tax equal to the following percentages of the value of the property or services:
(i) 3% on accommodations and campgrounds;
(ii) 4% 5% on the base rental charge for rental vehicles.
(b) The use tax is imposed on property or services that were:
(i) acquired outside this state as the result of a transaction that would have been subject to the sales tax had it occurred within this state;
(ii) acquired within the exterior boundaries of an Indian reservation within this state as a result of a transaction that would have been subject to the sales tax had it occurred outside the exterior boundaries of an Indian reservation within this state;
(iii) acquired as the result of a transaction that was not initially subject to the sales tax imposed by subsection (1) or the use tax imposed by subsection (3)(a) but which transaction, because of the buyer's subsequent use of the property, is subject to the sales tax or use tax; or
(iv) rendered as the result of a transaction that was not initially subject to the sales tax or use tax but that because of the buyer's subsequent use of the services is subject to the sales tax or use tax.
(4) For purposes of this section, the value of property must be determined as of the time of acquisition, introduction into this state, or conversion to use, whichever is latest.
(5) The sale of property or services exempt or nontaxable under this chapter is exempt from the tax imposed in subsections (1) and (3).
(6) Lodging facilities and campgrounds are exempt from the tax imposed in subsections (1)(a) and (3)(a)(i) until October 1, 2003, for contracts entered into prior to April 30, 2003, that provide for a guaranteed charge for accommodations or campgrounds."
Section 6. Section 15-68-820, MCA, is amended to read:
"15-68-820. Sales tax and use tax proceeds. (1) Except as provided in subsection (2) subsections (2) and (3), all money collected under this chapter must, in accordance with the provisions of 17-2-124, be deposited by the department into the general fund.
(2) Twenty-five Twenty percent of the revenue collected on the base rental charge for rental vehicles under 15-68-102(1)(b) and 15-68-102(3)(a)(ii) must be deposited in the state special revenue fund to the credit of the senior citizen and persons with disabilities transportation services account provided for in 7-14-112.
(3) Twenty percent of the revenue collected on the base rental charge for rental vehicles under 15-68-102(1)(b) and 15-68-102(3)(a)(ii) must be deposited in the school suicide prevention grant program state special revenue account established in [section 4]."
Section 5. 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; 5-11-120; 5-11-407; 5-13-403; 7-4-2502; 10-1-108; 10-1-1202; 10-1-1303; 10-2-603; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-121; 15-1-218; 15-35-108; 15-36-332; 15-37-117; 15-39-110; 15-65-121; 15-70-101; 15-70-433; 15-70-601; 16-11-509; 17-3-106; 17-3-112; 17-3-212; 17-3-222; 17-3-241; 17-6-101; 17-7-215; 18-11-112; 19-3-319; 19-6-404; 19-6-410; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 19-20-604; 19-20-607; 19-21-203; [section 4]; 20-8-107; 20-9-517; 20-9-520; 20-9-534; 20-9-622; 20-9-905; 20-26-617; 20-26-1503; 22-1-327; 22-3-116; 22-3-117; 22-3-1004; 23-4-105; 23-5-306; 23-5-409; 23-5-612; 23-7-301; 23-7-402; 30-10-1004; 37-43-204; 37-50-209; 37-51-501; 39-71-503; 41-5-2011; 42-2-105; 44-4-1101; 44-12-213; 44-13-102; 50-1-115; 53-1-109; 53-6-1304; 53-9-113; 53-24-108; 53-24-206; 60-11-115; 61-3-415; 69-3-870; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 76-13-150; 76-13-416; 77-1-108; 77-2-362; 80-2-222; 80-4-416; 80-11-518; 81-1-112; 81-7-106; 81-10-103; 82-11-161; 85-20-1504; 85-20-1505; [85-25-102]; 87-1-603; 90-1-115; 90-1-205; 90-1-504; 90-3-1003; 90-6-331; 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. 10, Ch. 360, L. 1999, the inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement system's unfunded liability is 10 years or less; pursuant to sec. 10, Ch. 10, Sp. L. May 2000, secs. 3 and 6, Ch. 481, L. 2003, and sec. 2, Ch. 459, L. 2009, the inclusion of 15-35-108 terminates June 30, 2019; pursuant to sec. 73, Ch. 44, L. 2007, the inclusion of 19-6-410 terminates contingently upon the death of the last recipient eligible under 19-6-709(2) for the supplemental benefit provided by 19-6-709; pursuant to sec. 5, Ch. 442, L. 2009, the inclusion of 90-6-331 terminates June 30, 2019; pursuant to sec. 16, Ch. 58, L. 2011, the inclusion of 30-10-1004 terminates June 30, 2017; pursuant to sec. 6, Ch. 61, L. 2011, the inclusion of 76-13-416 terminates June 30, 2019; pursuant to sec. 13, Ch. 339, L. 2011, the inclusion of 81-1-112 and 81-7-106 terminates June 30, 2017; pursuant to sec. 11(2), Ch. 17, L. 2013, the inclusion of 17-3-112 terminates on occurrence of contingency; pursuant to sec. 5, Ch. 244, L. 2013, the inclusion of 22-1-327 terminates July 1, 2017; pursuant to sec. 27, Ch. 285, L. 2015, and sec. 1, Ch. 292, L. 2015, the inclusion of 53-9-113 terminates June 30, 2021; pursuant to sec. 6, Ch. 291, L. 2015, the inclusion of 50-1-115 terminates June 30, 2021; pursuant to sec. 28, Ch. 368, L. 2015, the inclusion of 53-6-1304 terminates June 30, 2019; pursuant to sec. 5, Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on occurrence of contingency; pursuant to sec. 5, Ch. 422, L. 2015, the inclusion of 17-7-215 terminates June 30, 2021; pursuant to sec. 6, Ch. 423, L. 2015, the inclusion of 22-3-116 and 22-3-117 terminates June 30, 2025; pursuant to sec. 10, Ch. 427, L. 2015, the inclusion of 37-50-209 terminates September 30, 2019; and pursuant to sec. 33, Ch. 457, L. 2015, the inclusion of 20-9-905 terminates December 31, 2023.)"
NEW SECTION. Section 6. Codification instruction. [Sections 1 through 4] are intended to be codified as an integral part of Title 20, chapter 5, part 4, and the provisions of Title 20, chapter 5, part 4, apply to [sections 1 through 4].
NEW SECTION. Section 7. Effective date. [This act] is effective July 1, 2017.
NEW SECTION. Section 10. Applicability. [This act] applies to rental car sales and use taxes levied after June 30, 2017.
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Latest Version of HB 265 (HB0265.02)
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