20-25-302. Revenue-producing facilities -- powers of regents. The regents of the Montana university system may:
     (1) purchase, construct, equip, or improve, at any unit of the Montana university system, any of the following types of revenue-producing facilities:
     (a) land;
     (b) residence halls, dormitories, houses, apartments, and other housing facilities;
     (c) dining rooms and halls, restaurants, cafeterias, and other food service facilities;
     (d) student union buildings and facilities; and
     (e) those other facilities specifically authorized by joint resolution of the legislature;
     (2) rent housing facilities and provide food and other services to the students, officers, guests, and employees of the unit at rates that will ensure a reasonable net income over operating expenses and will provide for debt service and reserves and provide for the collection of charges, admissions, and fees for the use of other facilities by students and other persons, which charges, admissions, and fees shall not be deemed to be tuition within the meaning of 20-25-421 and may be collected from any or all students. Student building fees established and in effect on January 1, 1965, which are imposed uniformly upon all students or upon all of a specified class of students in attendance at any unit of the Montana university system shall not be increased without authorization by law unless absolutely necessary and then only to the extent necessary to pay principal or interest due on obligations for which such fees have been or shall be pledged or to maintain reserves securing the payment of such obligations in accordance with the indentures, resolutions, contracts, or other instruments authorizing the issuance of such obligations; provided that at any unit of the Montana university system where the aggregate amount of student building fees in effect on January 1, 1965, was less than $50 per student per academic year, such fees may be increased or additional student building fees may be established to an aggregate amount not exceeding $50 per student per academic year and provided further that additional student building fees may be established or existing student building fees may be increased at the university of Montana at Missoula to an aggregate amount not to exceed $90 per student per academic year. This limitation shall not affect admission or use charges which are made to individual students or others in proportion to their use or occupancy of particular facilities or services and shall not affect any student building fees or other charges which are made pursuant to 20-25-421 for nonresident students.
     (3) hold the net income derived from the operation of such facilities and the charges, admissions, and fees so collected and devote the revenues from these sources to debt service and reserves, repairs, replacements, and betterments of the facilities or, so far as such revenues have not been previously obligated for these purposes, to the acquisition, erection, equipping, enlarging, or improvement of additional facilities of the types described in this section;
     (4) exercise full control and complete management of such facilities;
     (5) rent the facilities to other public or private persons, firms, and corporations for such uses, at such times, for such periods, and at such rates as in the regents' judgment will be consistent with the full use thereof for academic purposes and will add to the revenues available for capital costs and debt service;
     (6) do all things necessary to plan for and propose financing, including all necessary loan applications, for:
     (a) classroom, laboratory, library, bookstore, and other instructional facilities;
     (b) office, recordkeeping, storage, equipment maintenance, and other administrative and operational facilities;
     (c) stadiums, fieldhouses, armories, arenas, gymnasiums, swimming pools, and other facilities for athletic and military instruction, exhibitions, games, and contests;
     (d) auditoriums, theaters, music halls, and other assembly, theatrical, musical, and entertainment facilities;
     (e) hospital, nursing, and other health instruction and service facilities;
     (f) nurseries, barns, arenas, pavilions, and other facilities for agricultural and livestock breeding, development, and exhibition;
     (g) parking lots and ramps and other parking facilities; and
     (h) land needed for such facilities.

     History: En. 75-8503 by Sec. 32, Ch. 2, L. 1971; R.C.M. 1947, 75-8503; amd. Sec. 74, Ch. 370, L. 1987.