Merit Institute Merit

The Montana Merit-Based Credentialing Act (MT-ACSA)

Montana state companion to ACSA. Extends Montana universal occupational-licensure recognition under MCA 37-1-141 et seq., Montana Department of Labor & Industry infrastructure, and the MCA Title 15 Ch. 31 income-tax credit regime.

THE MONTANA MERIT-BASED CREDENTIALING ACT (MT-ACSA)

Vehicle: State passage. Montana Legislature, regular session. Primary referral to House Business and Labor / Taxation and Senate Business, Labor, and Economic Affairs / Taxation.

SECTION 1. SHORT TITLE

This Act may be cited as the “Montana Merit-Based Credentialing Act (MT-ACSA).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that Montana enacted universal occupational-licensure recognition under MCA 37-1-141 et seq.; that the Montana Department of Labor & Industry (MDLI) operates workforce services under MCA Title 39; that the Montana University System operates under Art. X, Sec. 9, Mont. Const. and MCA Title 20 Ch. 25; that the Montana Office of the Commissioner of Higher Education administers postsecondary coordination; that the Montana Apprenticeship Program and registered-apprenticeship programs operate through MDLI; that MCA Title 15 Ch. 31 provides corporate income-tax credits (MT has a corporate income tax; personal income tax merged with property and income tax under Title 15); and that Montana operates the Montana Ready to Work and similar workforce initiatives under Title 39. This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH MONTANA LAW

Sec. 101. Definitions

  1. (a) “Montana Recognized Merit Credential” or “MTRMC” means a competency-based credential designated by the Commissioner of Higher Education in coordination with MDLI under Sec. 201.
  2. (b) “Federal FRAC” means a Federally Recognized Alternative Credential under Section 202 of the federal ACSA.
  3. (c) “MDLI industry credential” means a credential recognized by the Montana Department of Labor & Industry.
  4. (d) “Covered State licensing authority” means an agency issuing an occupational license under MCA Title 37.

Sec. 102. Coordination with Existing Montana Law

  1. (a) Consistent with:
  • MCA 37-1-141 et seq. (universal licensure recognition); Title 37 generally.
  • MCA Title 20 Ch. 25 (Montana University System).
  • MCA Title 39 (MDLI; workforce).
  • MCA Title 15 Ch. 30 (individual income tax) and Ch. 31 (corporate income tax); MCA 15-31-150 (R&D credit provisions, as applicable).
  • MCA Title 2 Ch. 18 (state personnel).

TITLE II — MONTANA RECOGNIZED MERIT CREDENTIALS

Sec. 201. Designation Authority

  1. (a) The Commissioner of Higher Education, in coordination with MDLI, shall maintain a Montana Recognized Merit Credentials registry (“MTRMC Registry”) in machine-readable form, updated at least annually, crosswalked to Federal FRAC.

Sec. 202. Degree-Optional State Employment

  1. (a) MCA Title 2 Ch. 18 (state personnel) shall be applied so that an MTRMC-holder satisfies any position qualification stated in terms of a college degree, unless expressly required by Montana statute.

TITLE III — TAX INCENTIVE FOR SKILLS-BASED HIRING

Sec. 301. Montana Skills-Based Hiring Income-Tax Credit

  1. (a) A new credit is added to MCA Title 15 Ch. 30 (individual) and Ch. 31 (corporate) equal to a percentage of qualified first-year wages paid to a Montana-domiciled employee whose qualifying pathway is an MTRMC or Federal FRAC.
  2. (b) Coordinated with federal IRC Sec. 45AA; aggregate cap in the General Appropriations Act.
  3. (c) Montana Department of Revenue administers.

TITLE IV — OCCUPATIONAL LICENSURE PORTABILITY

Sec. 401. Licensure by Demonstrated Competency

  1. (a) A covered State licensing authority shall provide a demonstrated-competency pathway accepting an MTRMC, Federal FRAC, or examination-plus-supervised-experience.

Sec. 402. Interstate Recognition for Federal-Fund Recipients

  1. (a) A covered State licensing authority receiving Federal workforce funds under 29 U.S.C. Sec. 3161 et seq. shall recognize out-of-state holders, consistent with Section 401 of the federal ACSA and MCA 37-1-141 et seq.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect October 1 of the year following enactment, except that Sec. 301 shall apply to tax years beginning on or after January 1 of that year.

Canonical federal version: ACSA. Other Montana bills: MT-MEWRA, MT-GT&P, MT-AI-Workforce.