reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-504. Evidence as to domiciliary intent -- changes in status

20-25-504. Evidence as to domiciliary intent -- changes in status.
(1) To determine the domicile of a person, the units of the system shall apply the following rules:
(a) Nonpayment of Montana income tax by a person whose income is sufficient to be taxed is highly persuasive evidence of non-Montana domicile.
(b) A person shall intend to establish a domicile in Montana.
(2) After registration, a student's classification for tuition and fee purposes remains unchanged in the absence of evidence to the contrary. A written statement of the evidence must be filed with the registering authority of the unit. Changes in classification must be in writing signed by the registering authority and take effect at the student's next registration.
(3) A minor shall qualify for a change in status only if the minor's parents or the parent having legal custody or, if neither parent has legal custody, the parent with whom the minor customarily resides or legal guardian or person having legal custody completes the requirements for establishing domicile.
(4) It is presumed a minor or adult registered as a full-time student at any unit is not qualified for a change in the person's dependent's classification for tuition and fee purposes unless the person completes 12 continuous months of residence while not attending a unit of the system or other institution of higher learning or while serving in the armed forces.
(5) Any student whose request for classification as a resident student is denied has the right of appeal to the executive secretary of the Montana university system. Immediately upon rejection and at the request of the student, the registering authority shall forward a copy of the authority's decision and a complete file on the student to the executive secretary. The executive secretary may accept other evidence of residence from either the student, the registering authority, or other interested persons. Within 30 days of the receipt of the decision of the registering authority, the executive secretary shall determine the resident status of the student and shall notify the student and the registering authority of the decision. The executive secretary's decision may be appealed to the regents if the regents agree to entertain an appeal.
History: En. 75-8704 by Sec. 55, Ch. 2, L. 1971; amd. Sec. 3, Ch. 395, L. 1971; amd. Sec. 3, Ch. 164, L. 1975; R.C.M. 1947, 75-8704; amd. Sec. 337, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-505. Repealed

20-25-505. Repealed.
Sec. 3, Ch. 170, L. 1989.
History: En. 75-8705 by Sec. 56, Ch. 2, L. 1971; amd. Sec. 1, Ch. 350, L. 1971; amd. Sec. 35, Ch. 266, L. 1977; R.C.M. 1947, 75-8705.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-506. Military instruction

20-25-506. Military instruction.
All able-bodied students of the university system may receive instruction and discipline in military tactics, the requisite arms for which shall be furnished by the state.
History: En. 75-8701 by Sec. 52, Ch. 2, L. 1971; amd. Sec. 37, Ch. 535, L. 1975; R.C.M. 1947, 75-8701(part).
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-511. Student's right of privacy -- legislative intent

20-25-511. Student's right of privacy -- legislative intent.
It is the legislature's intent that an institution of the university system of Montana is obligated to respect a student's right of privacy. This obligation must be observed by establishing procedures to safeguard the institution's activities that are necessary to protect the health, safety, and privacy of a person's residence and the privacy of the person's records. Intrusions by peace officers and other officials exercising responsibility for law enforcement must be governed by standards and procedures no less stringent than those applicable to intrusions on private quarters outside the institutions. A student may not be subjected to discrimination by the use of covert records.
History: En. Sec. 1, Ch. 357, L. 1973; R.C.M. 1947, 75-8706; amd. Sec. 78, Ch. 575, L. 1981; amd. Sec. 338, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-512. Contracts waiving right to privacy prohibited

20-25-512. Contracts waiving right to privacy prohibited.
A university or college facility may not require a student to sign any contract that would waive the student's right to privacy and due process of law.
History: En. Sec. 2, Ch. 357, L. 1973; R.C.M. 1947, 75-8707; amd. Sec. 339, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-513. Written notice required for entry to student's room -- emergency

20-25-513. Written notice required for entry to student's room -- emergency.
An authorized official of the university or college may not enter the room of a student located at an institution unless the official has given the student a notice in writing. An emergency such as a fire or a call for help or when there is probable cause to believe the occupant needs assistance is the only exception to the written notice requirement. In an emergency, evidence of a crime obtained as a result of the emergency entry may not be admissible in any court of law unless due process of law has been satisfied in obtaining the evidence.
History: En. Sec. 3, Ch. 357, L. 1973; R.C.M. 1947, 75-8708; amd. Sec. 340, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-514. Search in accordance with law

20-25-514. Search in accordance with law.
A search or entry by any law enforcement official shall be in accordance with the laws of the city, county, state, and nation.
History: En. Sec. 4, Ch. 357, L. 1973; R.C.M. 1947, 75-8709.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-515. Release of student records

20-25-515. Release of student records.
A university or college shall release a student's academic record only when requested by the student or by a subpoena issued by a court or tribunal of competent jurisdiction. A student's written permission must be obtained before the university or college may release any other kind of record unless such record shall have been subpoenaed by a court or tribunal of competent jurisdiction.
History: En. Sec. 5, Ch. 357, L. 1973; R.C.M. 1947, 75-8710.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-516. Academic records to be kept separate -- student's right to examine records

20-25-516. Academic records to be kept separate -- student's right to examine records.
(1) Academic records must be kept separate from disciplinary and all other records. Academic transcripts may contain only information of an academic nature.
(2) A student has the right to examine all written summaries, descriptions, statements, or reports of an academic or disciplinary nature that may have been compiled upon the student.
History: En. Sec. 6, Ch. 357, L. 1973; R.C.M. 1947, 75-8711; amd. Sec. 341, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-517. Awarding credit for military service -- policy

20-25-517. Awarding credit for military service -- policy.
(1) The commissioner may develop criteria for awarding academic credit at a postsecondary institution for a student's prior learning through military service and submit a proposed policy that incorporates those criteria to the board of regents for approval.
(2) For the purposes of this section, "postsecondary institution" has the meaning provided in 20-26-603.
History: En. Sec. 1, Ch. 77, L. 2013.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-518. Discrimination against student organizations prohibited

20-25-518. Discrimination against student organizations prohibited.
(1) A public postsecondary institution may not deny a religious, political, or ideological student organization a benefit or privilege available to other student organizations or otherwise discriminate against a student organization based on the student organization's expressive activity, including any requirement of the student organization that a leader or member:
(a) affirm and adhere to the student organization's sincerely held beliefs;
(b) comply with the student organization's standards of conduct; or
(c) further the student organization's mission or purpose, as defined by the student organization.
(2) As used in 20-25-519 and this section, the following definitions apply:
(a) "Benefit or privilege" means any type of advantage, including but not limited to:
(i) recognition;
(ii) registration;
(iii) the use of facilities of the public postsecondary institution for meetings or speaking purposes;
(iv) the use of channels of communication; and
(v) funding sources that are otherwise available to other student organizations at the public postsecondary institution.
(b) "Public postsecondary institution" means:
(i) a unit of the Montana university system as defined in 20-25-201; or
(ii) a Montana community college, defined and organized as provided in 20-15-101.
(c) "Student organization" means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution.
History: En. Sec. 1, Ch. 234, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 5. University Students -- Qualifications and Rights › 20-25-519. Antiharassment and freedom of speech protections for students

20-25-519.  Antiharassment and freedom of speech protections for students.
(1) A public postsecondary institution shall adopt a policy prohibiting student-on-student discriminatory harassment. A public postsecondary institution may not enforce the policy by disciplining a student for a behavioral violation of harassment or a similar charge stemming from an alleged violation of the policy for speech or expression unless:
(a) the speech or expression is unwelcome and is so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by the public postsecondary institution; or
(b) the speech or expression explicitly or implicitly conditions a student's participation in an education program or activity or bases an educational decision on the student's submission to unwelcome sexual advances or requests for sexual favors.
(2) This section may not be construed to prevent a public postsecondary institution from prohibiting, limiting, or restricting speech or expression that is not protected by the first amendment of the United States constitution or Article II, section 7, of the Montana constitution.
History: En. Sec. 2, Ch. 234, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 6. Health Education -- Drug and Alcohol Instruction › 20-25-601. Purpose of part -- legislative intent

20-25-601. Purpose of part -- legislative intent.
It is the purpose of this part to protect the health and safety of the people of Montana from the menace of drug and alcohol abuse. The legislature intends to require education graduates of any unit of the Montana university system or any private college or private university in Montana to be aware of the problems resulting from drug and alcohol abuse and to be somewhat knowledgeable in dealing with these problems among students.
History: En. Sec. 1, Ch. 396, L. 1971; amd. Sec. 3, Ch. 137, L. 1975; R.C.M. 1947, 75-8901.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 6. Health Education -- Drug and Alcohol Instruction › 20-25-602. Teacher instruction -- colleges to offer course

20-25-602. Teacher instruction -- colleges to offer course.
All units of the Montana university system and all private colleges and private universities in Montana that offer any degree in education shall establish a credit course in health education to include drug and alcohol education and abuse by July 1, 1972. The content of the courses established in the Montana university system shall be reviewed and approved by the board of regents of the Montana university system before being offered for study in the units of the Montana university system.
History: En. Sec. 2, Ch. 396, L. 1971; R.C.M. 1947, 75-8902.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 6. Health Education -- Drug and Alcohol Instruction › 20-25-603. Teacher instruction -- course required of education students

20-25-603. Teacher instruction -- course required of education students.
All units of the Montana university system and all private colleges and universities in Montana that offer any degree in education shall require that any person who receives any degree in education from that unit, private college, or private university must have successfully completed a course in health education to include drug and alcohol education and abuse prior to being awarded the degree.
History: En. Sec. 3, Ch. 396, L. 1971; R.C.M. 1947, 75-8903; amd. Sec. 342, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 6. Health Education -- Drug and Alcohol Instruction › 20-25-604. Department in advisory capacity

20-25-604. Department in advisory capacity.
The department of public health and human services shall act in an advisory capacity in establishing all courses required under this part, and the courses may be established only after consultation with and advice by the department.
History: En. Sec. 5, Ch. 396, L. 1971; R.C.M. 1947, 75-8905; amd. Sec. 52, Ch. 418, L. 1995; amd. Sec. 73, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 7. Work-Study Program › 20-25-701. Definitions and purpose

20-25-701. Definitions and purpose.
(1) As used in this part, unless the context otherwise requires, the following definitions apply:
(a) "Institution" means any public institution of postsecondary education governed, supervised, or coordinated by the board of regents of higher education.
(b) "Student" means any Montana resident, as established by the board of regents of higher education, who has met the qualifications for enrollment as a full-time student at an institution or who is presently enrolled as a full-time student in good standing, as determined by the institution.
(2) It is the purpose of this part to help ensure that no resident of Montana be denied attendance at institutions governed, supervised, or coordinated by the board of regents of higher education because of financial barriers and further to provide low-cost supplemental assistance for all governing units within Montana. The legislature intends that any Montana resident wishing to gain admittance to such institutions in Montana, within necessary budgetary limitations as provided by law, shall be allowed the opportunity to earn in part or in total sufficient money to pay the costs accompanying such attendance through employment by state and local governing units and certain public interest organizations.
History: En. 75-9101, 75-9102 by Secs. 1, 2, Ch. 307, L. 1974; R.C.M. 1947, 75-9101, 75-9102.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 7. Work-Study Program › 20-25-702. Montana work-study program

20-25-702. Montana work-study program.
The Montana work-study program is hereby established to be administered by the board of regents of higher education as provided by this part.
History: En. 75-9103 by Sec. 3, Ch. 307, L. 1974; R.C.M. 1947, 75-9103.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 7. Work-Study Program › 20-25-703. Limitation on use of funds

20-25-703. Limitation on use of funds.
At least 70% of the funds allocated to the program must be used to provide job opportunities for students with demonstrated financial need. The remainder of the funds allocated to this program may be used to provide job opportunities on a basis other than financial need. The other bases include but are not limited to:
(1) laboratory, teaching, and tutorial assistantships requiring particular skills; and
(2) cases in which a student's family cannot demonstrate financial need but in which the student has a desire to contribute toward the student's education through employment.
History: En. 75-9104 by Sec. 4, Ch. 307, L. 1974; R.C.M. 1947, 75-9104; amd. Sec. 343, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 7. Work-Study Program › 20-25-704. Funds supplemental to other funds

20-25-704. Funds supplemental to other funds.
All funds allocated through this program are supplemental in nature and are not meant to replace existing federal and state student financial assistance funds or any other funds that would otherwise be appropriated for student assistance.
History: En. 75-9105 by Sec. 5, Ch. 307, L. 1974; R.C.M. 1947, 75-9105.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 7. Work-Study Program › 20-25-705. Administration

20-25-705. Administration.
The board of regents of higher education shall promulgate rules for the allocation of program funds among the institutions.
History: En. 75-9106 by Sec. 6, Ch. 307, L. 1974; R.C.M. 1947, 75-9106.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 7. Work-Study Program › 20-25-706. Eligibility

20-25-706. Eligibility.
Any local governing body; state or local administrative agency, department, board, commission; judicial, legislative, or other governmental unit; or nonprofit private organization is eligible to employ Montana students under the program as determined by the board of regents of higher education and within the funding limitations of the program, which eligibility:
(1) will not result in the displacement of employed workers or impair existing contracts for services;
(2) will not involve any partisan or nonpartisan political activity associated with a candidate or contending group or faction in an election for public or party office;
(3) will not involve the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place of worship; and
(4) in the case of nonprofit organizations other than governmental units, will result in employment which is in the general public interest rather than in the interest of a particular group.
History: En. 75-9107 by Sec. 7, Ch. 307, L. 1974; R.C.M. 1947, 75-9107; amd. Sec. 13, Ch. 384, L. 1979.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 7. Work-Study Program › 20-25-707. Antidiscrimination

20-25-707. Antidiscrimination.
An employer is not eligible to employ any person under this program if the employer practices discrimination in employment against any individual because of race, creed, religion, color, political ideas, sex, as defined in 1-1-201, age, marital status, physical or mental disability, ancestry, or national origin.
History: En. 75-9108 by Sec. 8, Ch. 307, L. 1974; amd. Sec. 36, Ch. 266, L. 1977; R.C.M. 1947, 75-9108; amd. Sec. 20, Ch. 472, L. 1997; amd. Sec. 11, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 7. Work-Study Program › 20-25-708. Approval of salaries

20-25-708. Approval of salaries.
The salaries paid to students employed under this program and the number of hours each student works shall be approved by institution officers administering the program, subject to guidelines promulgated by the board of regents of higher education; provided that in no case will any student employed under the program be paid less than the minimum wage as provided by law.
History: En. 75-9109 by Sec. 9, Ch. 307, L. 1974; R.C.M. 1947, 75-9109.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 7. Work-Study Program › 20-25-709. Contributions from employers

20-25-709. Contributions from employers.
Each employer must contribute toward the salary of each student employed under the program at a level determined by the board of regents of higher education but at a level no less than 30% of the student's hourly wage.
History: En. 75-9110 by Sec. 10, Ch. 307, L. 1974; R.C.M. 1947, 75-9110.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 8. Medical Education Agreements › 20-25-802. Effective date -- notice of approval

20-25-802. Effective date -- notice of approval.
Said compact shall become operative and binding at the time provided and in accordance with Article X of said compact. The governor of Montana shall give notice of the approval, ratification, and adoption of said compact by the 32nd legislative assembly of the state of Montana to the governors of each of the states and territories named in said Article X of said compact. The governors shall have power to appoint the commissioners for which provision is made in the compact, and said commissioners shall have the power and authority specified in said compact and such other power and authority as may hereafter be prescribed by law.
History: En. Sec. 2, Ch. 216, L. 1951; R.C.M. 1947, 75-4902.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 8. Medical Education Agreements › 20-25-803. Authority of western interstate commission for higher education to make agreements for placement of students

20-25-803. Authority of western interstate commission for higher education to make agreements for placement of students.
The western interstate commission for higher education is authorized to act on behalf of this state in making arrangements for the placement of students in institutions and programs of higher learning outside the states which are parties to the compact for establishing the commission. For that purpose, the commission may negotiate and enter into arrangements and contracts with this state or any appropriate agency thereof, with public and private educational institutions and agencies, and with states and other governmental entities. Such arrangements and contracts may provide for the obtaining of one or more places for students on either a special or continuing basis, the payment of partial or full tuition and other charges, and the furnishing of reciprocal, compensating, or other advantages and benefits in support of the educational program involved.
History: En. Sec. 1, Ch. 128, L. 1971; R.C.M. 1947, 75-4903.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 8. Medical Education Agreements › 20-25-804. Form and contents of agreements

20-25-804. Form and contents of agreements.
The authority conferred by 20-25-803 shall be exercised only pursuant to written agreement between an agency of this state having responsibility for or duties with respect to programs for assisting residents of this state to obtain higher education. Any such agreements shall include provisions for the payment of tuition and any other costs, and no such agreement shall be made which commits this state or any agency or officer thereof to any obligation for which funds have not been appropriated or otherwise made available in accordance with law.
History: En. Sec. 2, Ch. 128, L. 1971; R.C.M. 1947, 75-4904.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 8. Medical Education Agreements › 20-25-805. State obligations or rights under compact not altered

20-25-805. State obligations or rights under compact not altered.
Nothing contained in this chapter shall be construed to alter any of the obligations or restrict or impair any rights which this state may have under the compact establishing the commission.
History: En. Sec. 3, Ch. 128, L. 1971; R.C.M. 1947, 75-4905.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 8. Medical Education Agreements › 20-25-806. Appointment of commissioners to the western interstate commission for higher education

20-25-806. Appointment of commissioners to the western interstate commission for higher education.
(1) In making the appointments of commissioners provided for in 20-25-801, the governor shall appoint three members as follows:
(a) one member who is an educator engaged in the field of higher education in Montana;
(b) one member who is engaged in a professional occupation; and
(c) one member who is a legislator.
(2) The term of each commissioner is 4 years as provided in the compact. The legislator appointed shall serve until the expiration of the term of appointment, even though the legislative term may have ended.
History: En. Sec. 1, Ch. 130, L. 1979; amd. Sec. 345, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 8. Medical Education Agreements › 20-25-810. Contract requirements for university of Washington cooperative medical education program

20-25-810. Contract requirements for university of Washington cooperative medical education program.
(1) (a) An individual accepted into the cooperative medical education program with the university of Washington school of medicine shall, before confirming enrollment in the program, enter into a contract specifying whether the individual will commit to entering active full-time professional practice in Montana for a period of 3 years within 1 year of obtaining professional status.
(b) Residency in a family medicine residency program in Montana must be credited toward the practice requirement of this section at a rate of one-third year for each year of service in the residency program.
(2) An individual who decides against committing to entering full-time professional practice in Montana shall pay 2.5 times the fee established in 20-26-1502. The fee must be deposited in the state special revenue account provided for in 20-26-1501.
(3) (a) An individual who fails to honor a commitment to return to Montana to enter full-time professional practice for the full 3-year period shall repay the full amount of the individual medicine support fee paid by the state for the individual's medical education.
(b) Repayment must begin within 1 year of obtaining professional status and must be completed within 10 years of the date the repayment requirement began.
(c) Interest must accrue at the time the loan becomes due at a rate equal to the rate for the federal Stafford loan, adjusted annually but not to exceed 8%.
(4) The repayment obligation may be:
(a) suspended if repayment is temporarily impossible or would create extreme hardship for a temporary period, including but not limited to suspension for medical reasons, personal reasons, parental leave, or call to active duty in the armed forces; or
(b) waived if repayment is permanently impossible or would create extreme hardship, including but not limited to death, inability to complete the program, or inability to obtain professional status due to disability or another reason.
(5) The board of regents may adopt policies to carry out the provisions of this section including but not limited to:
(a) determination of the time at which an individual obtains professional status; and
(b) the circumstances under which repayment of the medicine support fee may be suspended or waived.
History: En. Sec. 1, Ch. 436, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 8. Medical Education Agreements › 20-25-811. Idaho college of osteopathic medicine cooperative medical education program

20-25-811. Idaho college of osteopathic medicine cooperative medical education program.
(1) The legislature directs the office of the commissioner of higher education to negotiate the terms of a memorandum of understanding between the board of regents and the Idaho college of osteopathic medicine that establishes a cooperative medical education program for Montana residents at the college. The memorandum must be submitted to the legislature for approval prior to becoming effective.
(2) Terms for the memorandum of understanding must include:
(a) that the memorandum is not effective until the Idaho college of osteopathic medicine is fully accredited;
(b) that if the college is accredited by July 1, 2022, the program will make up to 10 slots available for Montana residents that fiscal year, with an additional maximum of 10 slots available each additional fiscal year until the program has a total of up to 40 slots for Montana residents;
(c) that students participating in the program are subject to the requirements of 20-25-810; and
(d) that the Montana university system will pay a state support fee equivalent to the established western interstate commission for higher education osteopathic medicine support fee per slot per year.
(3) The preliminary budget submitted by the board of regents pursuant to 17-7-111 must include funding for all available slots authorized under the program starting in fiscal year 2022.
History: En. Sec. 1, Ch. 418, L. 2019.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 9. Family Education Savings Program › 20-25-901. Family education savings program oversight committee -- membership -- powers and duties

20-25-901. Family education savings program oversight committee -- membership -- powers and duties.
(1) There is a family education savings program oversight committee under the authority of the board.
(2) The committee consists of seven members appointed by the governor to staggered 4-year terms. The members must include:
(a) the commissioner of insurance or the commissioner's designee;
(b) the state treasurer or the state treasurer's designee;
(c) the presiding officer of the board or the presiding officer's designee; and
(d) four members of the general public, each of whom possesses knowledge, skill, and experience in accounting, risk management, or investment management or as an actuary.
(3) The committee shall select a presiding officer and a vice presiding officer from among the committee's membership.
(4) A majority of the membership constitutes a quorum for the transaction of business. The committee shall meet at least once a year, with additional meetings called by the presiding officer.
(5) The committee:
(a) shall recommend financial institutions for approval by the board to act as the managers of family education savings accounts pursuant to 15-62-201; and
(b) may submit proposed policies to the board to assist in the implementation and administration of Title 15, chapter 62.
(6) The committee is allocated to the board for administrative purposes only, as prescribed in 2-15-121.
(7) Members of the committee must be compensated as provided in 2-15-124.
(8) The definitions in 15-62-103 apply to this section.
History: En. Sec. 6, Ch. 540, L. 1997; amd. Sec. 53, Ch. 483, L. 2001; amd. Sec. 7, Ch. 566, L. 2003.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 9. Family Education Savings Program › 20-25-902. Board -- powers and duties

20-25-902. Board -- powers and duties.
(1) The board shall:
(a) administer, manage, promote, and market the program;
(b) seek rulings and other guidance relating to the program from the United States department of the treasury and the internal revenue service;
(c) administer the program in compliance with section 529 of the Internal Revenue Code, 26 U.S.C. 529, as amended;
(d) at the board's discretion, charge, impose, and collect administrative fees and service charges pursuant to any agreement, contract, or transaction relating to the program;
(e) if the board determines that contracting for program management will benefit the program, select the financial institution or institutions to act as the program manager pursuant to 15-62-203;
(f) retain professional services, if necessary, including services of accountants, auditors, consultants, and other experts;
(g) adopt policies for the establishment of a maximum total balance that may be held in accounts for a designated beneficiary and for providing adequate safeguards to prevent excess contributions in accordance with section 529 of the Internal Revenue Code, 26 U.S.C. 529, as amended;
(h) adopt procedures as necessary to implement Title 15, chapter 62, including applications for participation in the program;
(i) serve as trustee of the family education savings trust established in 15-62-301;
(j) enter into participation agreements with account owners; and
(k) maintain the program on behalf of the state as required by section 529 of the Internal Revenue Code, 26 U.S.C. 529.
(2) The definitions in 15-62-103 apply to this section.
History: En. Sec. 7, Ch. 540, L. 1997; amd. Sec. 8, Ch. 566, L. 2003; amd. Sec. 6, Ch. 549, L. 2005; amd. Sec. 10, Ch. 349, L. 2021; amd. Sec. 49, Ch. 503, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 10. Motorcycle Safety Training Program › 20-25-1001. Definitions

20-25-1001. Definitions.
As used in this title, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Instructor of motorcycle safety training" means an instructor approved by the board of regents to instruct motorcycle safety training.
(2) "Motorcycle safety training course" means a course for beginning and experienced motorcycle riders with both classroom and on-road components that has been approved by the board of regents and that is designed to teach motorcyclists how to safely operate their vehicles.
History: En. Sec. 1, Ch. 181, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 10. Motorcycle Safety Training Program › 20-25-1002. State motorcycle safety account -- proceeds earmarked for account

20-25-1002. State motorcycle safety account -- proceeds earmarked for account.
(1) There is a state motorcycle safety account in the treasury of the state of Montana.
(2) Money collected and accrued from motorcycle safety training courses, motorcycle endorsement fees, motorcycle safety fees, and designated grants or an amount equal to that amount must be deposited in the state motorcycle safety account and must be available to support only approved motorcycle safety training courses, appropriate instructor of motorcycle safety training, and other related motorcycle safety training activities.
History: En. Sec. 2, Ch. 181, L. 1999; amd. Sec. 127, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 10. Motorcycle Safety Training Program › 20-25-1003. Motorcycle safety promotion

20-25-1003. Motorcycle safety promotion.
In cooperation with other state, local government, and private agencies, the department of justice and the board of regents are encouraged to promote safety and awareness in the use and operation of motorcycles through action appropriate to the agencies' purposes and goals, including advertising and encouraging both publicly and privately offered motorcycle safety training.
History: En. Sec. 1, Ch. 324, L. 1989; Sec. 61-2-401, MCA 1989; redes. 20-7-510 by Sec. 10, Ch. 701, L. 1991; amd. Sec. 6, Ch. 181, L. 1999; Sec. 20-7-510, MCA 1997; redes. 20-25-1003 by Sec. 14(2), Ch. 181, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 10. Motorcycle Safety Training Program › 20-25-1004. Motorcycle safety advisory committee

20-25-1004. Motorcycle safety advisory committee.
(1) There is a motorcycle safety advisory committee. The committee is allocated to the office of the board of regents for administrative purposes.
(2) The purpose of the motorcycle safety advisory committee is to advise the board of regents and the department of justice concerning motorcycle rider safety issues, motorcycle safety training, motorcycle endorsement testing, and other matters relating to motorcycle safety.
(3) The motorcycle safety advisory committee consists of five members. Except as provided in subsection (5)(a), each member must be appointed for a term of 4 years. The committee consists of:
(a) one peace officer appointed by the governor;
(b) one certified instructor of motorcycle safety training, as provided in 20-25-1005, who is appointed by the board of regents;
(c) two motorcycle riders representing motorcycle riding groups, such as the American motorcyclist association or American bikers aiming toward education (ABATE), to be nominated by these groups for appointment by the governor; and
(d) one representative from the department of justice who is appointed by the attorney general.
(4) A member may be removed for cause. If a vacancy occurs, a member must be appointed to fill the unexpired term by the authority that appointed the vacating member.
(5) (a) (i) To allow for staggered membership appointments, the initial terms of two committee members must be for 2 years. These members are:
(A) the peace officer provided for in subsection (3)(a); and
(B) one motorcycle rider, provided for in subsection (3)(c), to be chosen by lot at the organizational meeting.
(ii) The successors for the peace officer and motorcycle rider shall serve 4-year terms.
(b) The first instructor of motorcycle safety training member appointed under subsection (3)(b) need not be certified by the board of regents, but the member must have an instructor of motorcycle safety training certification awarded by a national organization concerned with motorcycle safety.
History: En. Sec. 2, Ch. 324, L. 1989; Sec. 61-2-402, MCA 1989; redes. 20-7-511 by Sec. 10, Ch. 701, L. 1991; amd. Sec. 7, Ch. 181, L. 1999; Sec. 20-7-511, MCA 1997; redes. 20-25-1004 by Sec. 14(2), Ch. 181, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 10. Motorcycle Safety Training Program › 20-25-1005. Standards for motorcycle safety training

20-25-1005. Standards for motorcycle safety training.
The board of regents may establish minimum motorcycle safety training standards, including instruction, courses, and instructor certification for conducting training authorized by 20-25-1006. The standards must be based upon national standards promulgated by the motorcycle safety foundation or a similar organization recognized by the board of regents.
History: En. Sec. 3, Ch. 324, L. 1989; Sec. 61-2-403, MCA 1989; redes. 20-7-512 by Sec. 10, Ch. 701, L. 1991; amd. Sec. 8, Ch. 181, L. 1999; Sec. 20-7-512, MCA 1997; redes. 20-25-1005 by Sec. 14(2), Ch. 181, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 10. Motorcycle Safety Training Program › 20-25-1006. Motorcycle safety training course -- tuition

20-25-1006. Motorcycle safety training course -- tuition.
(1) The board of regents may prescribe tuition rates for the motorcycle safety training courses. The tuition collected must be deposited in the state motorcycle safety account, as provided in 20-25-1002.
(2) The board of regents may delegate authority to a unit of the university system to conduct motorcycle safety training courses and to approve instructors of motorcycle safety training.
(3) State agencies and subdivisions of the state may provide facilities, such as classrooms and outdoor paved areas or other resources, for conducting motorcycle safety training courses.
(4) Subject to the availability of funds, the board of regents may pay for construction, repair, or purchases from the state motorcycle safety account to provide facilities for motorcycle safety training courses.
History: En. Sec. 4, Ch. 324, L. 1989; amd. Sec. 1, Ch. 701, L. 1991; Sec. 61-2-404, MCA 1989; redes. 20-7-513 by Sec. 10, Ch. 701, L. 1991; amd. Sec. 9, Ch. 181, L. 1999; Sec. 20-7-513, MCA 1997; redes. 20-25-1006 by Sec. 14(2), Ch. 181, L. 1999; amd. Sec. 10, Ch. 307, L. 2001.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 10. Motorcycle Safety Training Program › 20-25-1007. Repealed

20-25-1007. Repealed.
Sec. 253, Ch. 574, L. 2001.
History: En. Sec. 5, Ch. 324, L. 1989; amd. Sec. 12, Ch. 383, L. 1991; amd. Sec. 2, Ch. 701, L. 1991; Sec. 61-2-405, MCA 1989; redes. 20-7-514 by Sec. 10, Ch. 701, L. 1991; amd. Sec. 1, Ch. 432, L. 1995; amd. Sec. 10, Ch. 181, L. 1999; Sec. 20-7-514, MCA 1997; redes. 20-25-1007 by Sec. 14(2), Ch. 181, L. 1999; amd. Sec. 9, Ch. 409, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1301. Purpose

20-25-1301. Purpose.
The purpose of this part is to establish the structure by which the Montana university system may develop group benefits plans for employees of the Montana university system and their dependents and to clarify that the plan design and employee premium levels are not mandatory subjects for collective bargaining under Title 39, chapter 31.
History: En. Sec. 1, Ch. 256, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1302. Definitions

20-25-1302. Definitions.
As used in this part, the following definitions apply:
(1) "Advisory committee" means the Montana university system interunit benefits advisory committee established in 2-15-1530.
(2) "Group benefits" means group hospitalization, health, medical, surgical, disability, life, and other related group benefits provided to employees and dependents of the Montana university system. The term does not include casualty insurance, marine insurance, property insurance, surety insurance, and title insurance.
History: En. Sec. 2, Ch. 256, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1303. Duties of commissioner -- group benefits plans and employee premium levels not mandatory subjects for collective bargaining

20-25-1303. Duties of commissioner -- group benefits plans and employee premium levels not mandatory subjects for collective bargaining.
(1) The commissioner shall:
(a) design group benefits plans and establish premium levels for employees;
(b) establish specifications for bids and accept or reject bids for administering group benefits plans;
(c) negotiate and administer contracts for group benefits plans;
(d) prepare an annual report that:
(i) describes the group benefits plans being administered; and
(ii) details the historical and projected program costs and the status of reserve funds; and
(e) adopt policies for the conduct of business of the advisory committee and to carry out the provisions of this part.
(2) (a) Except as provided in subsection (2)(b), the provisions of Title 33 do not apply to the commissioner when exercising the duties provided for in this part.
(b) Group benefit plans designed under this part must include coverage for telehealth services as provided in 33-22-138.
(3) The design or modification of group benefits plans and the establishment of employee premium levels are not mandatory subjects for collective bargaining under Title 39, chapter 31.
History: En. Sec. 3, Ch. 256, L. 1999; amd. Sec. 2, Ch. 242, L. 2021.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1304. Functions of advisory committee

20-25-1304. Functions of advisory committee.
(1) The commissioner shall consult with the advisory committee before modifying Montana university system group benefits plans or before adjusting employee premium levels.
(2) The advisory committee shall meet at least semiannually to:
(a) review the existing employee group benefits plans;
(b) review claims experience, projections, and problems;
(c) recommend changes in plan design;
(d) recommend employee premium rates; and
(e) advise the commissioner on employee group benefits matters.
(3) The advisory committee is the exclusive means by which collective bargaining agents may participate in the design or modification of group benefits plans and the establishment of employee premium levels.
History: En. Sec. 5, Ch. 256, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1310. Alternatives to conventional insurance for providing employee group benefits -- requirements

20-25-1310. Alternatives to conventional insurance for providing employee group benefits -- requirements.
(1) The commissioner may establish alternative plans to conventional insurance for providing Montana university system employee group benefits. In developing an alternative plan, the commissioner shall:
(a) maintain an alternative group benefits plan on an actuarially sound basis;
(b) maintain reserves sufficient to liquidate the unrevealed claims liability and other liabilities of an alternative group benefits plan; and
(c) deposit all reserve funds, state contributions, interest earnings, and premiums paid to an alternative group benefits plan. The deposits must be expended for claims under the alternative plan and for costs for administering the alternative plan, including the costs of hiring consultants, actuaries, and auditors.
(2) Prior to implementation of an alternative group benefits plan, the commissioner shall present to the advisory committee evidence upon which the commissioner has concluded that the alternative method is more efficient, less costly, or otherwise superior to contracting for conventional insurance.
History: En. Sec. 6, Ch. 256, L. 1999.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1315. Legislative findings and purpose

20-25-1315. Legislative findings and purpose.
(1) The legislature finds that:
(a) air ambulance services provide a necessary, and sometimes lifesaving, means of transporting Montanans experiencing health emergencies;
(b) Montanans desire adequate access to air ambulance services;
(c) in many cases the high charges assessed by out-of-network air ambulance services and limited insurer and health plan reimbursements have resulted in Montanans incurring excessive out-of-pocket expenses; and
(d) the federal Airline Deregulation Act preempts states from enacting any law related to a price, route, or service of an air carrier, which is interpreted as applying to air ambulance services.
(2) The purpose of 20-25-1315 through 20-25-1320 is to prevent Montanans from incurring excessive out-of-pocket expenses in out-of-network air ambulance situations in a manner that is not preempted by the Airline Deregulation Act.
History: En. Sec. 1, Ch. 231, L. 2017.
2023 Montana Code Annotated › Title 20. Education › Chapter 25. University System › Part 13. Group Benefits › 20-25-1317. Disclosures by air ambulance service

20-25-1317. Disclosures by air ambulance service.
An out-of-network nonhospital-controlled air ambulance service must disclose by July 1 of each year any relationships or financial arrangements with health care providers, insurers, or health plans. This includes but is not limited to employment arrangements, ownership interests, first call agreements, and board memberships. This information must be filed with the department of public health and human services and also posted prominently on the commissioner of insurance's website. The air ambulance service must ensure the continued accuracy of this information throughout the year by submitting written updates within 5 days of any changes to the information.
History: En. Sec. 3, Ch. 231, L. 2017.