SB 134: Generally revise laws relating to gifts and endowments - Montana

SB0134_3(11).pdf → SB0134_X.pdf · 3 edits

MINOR

The bill was reformatted from a draft version to an enrolled, final version. The substantive policy content remains unchanged, but the title was slightly shortened and the effective date was clarified to apply retroactively to agreements made on or after January 1, 1975.

Scope change

The bill's scope and applicability remain unchanged; the retroactive date of January 1, 1975 was explicitly confirmed in the final text.

TECHNICAL

The bill title was shortened from 'AN ACT CREATING THE SAFEGUARDING ENDOWMENT GIFTS ACT; PROVIDING DEFINITIONS; PROVIDING PROTECTIONS AFFORDED TO ENDOWMENTS AND GIFTS TO CERTAIN ENTITIES; PROVIDING REQUIREMENTS FOR CERTAIN ENTITIES RELATING TO ENDOWMENTS AND GIFTS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE' to 'AN ACT CREATING THE SAFEGUARDING ENDOWMENT GIFTS ACT; PROVIDING PROTECTIONS AFFORDED TO ENDOWMENTS AND GIFTS TO CERTAIN ENTITIES; PROVIDING REQUIREMENTS FOR CERTAIN ENTITIES RELATING TO ENDOWMENTS AND GIFTS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.'

The bill was converted from a draft format (SB0134.3) to an enrolled bill format (SB 134), indicating it has passed all legislative stages and is ready for signature.

TIMELINE

The retroactive applicability clause was clarified to explicitly state that the act applies to any endowment agreement entered into on or after January 1, 1975.

SB0134_4.pdf → SB0134_3(11).pdf · 3 edits

MINOR

The bill was renumbered from SB 134 to SB0134.3 and underwent significant formatting cleanup, removing redundant headers and page markers. Substantively, the text remains identical, with only minor capitalization adjustments in specific legal terms like 'legal representative' and 'written notification' to improve clarity.

Scope change

No change in scope, applicability, or policy substance.

TECHNICAL

Bill number changed from SB 134 to SB0134.3.

Removed repetitive header text and page numbers that appeared in the original draft.

Adjusted capitalization in specific legal phrases to standardize formatting.

SB0134_3(10).pdf → SB0134_4.pdf · 4 edits

MODERATE

The bill was updated from a draft version to its final enrolled form, correcting the bill number to SB 134 and refining the text for legal precision. The substantive policy changes include clarifying that legal recourse is limited to specific courts, explicitly prohibiting the return of donated funds to donors if restrictions are violated, and adding a requirement for organizations to notify donors 90 days in advance if they cannot fulfill an endowment agreement.

Scope change

The scope remains focused on protecting donor restrictions for endowments and gifts to charitable organizations, but the enforcement mechanisms and specific remedies available to donors were tightened and clarified.

DEFINITION

Added a specific definition for 'legal representative' to clarify who can act on behalf of a donor's estate.

REQUIREMENT

Added a new requirement that organizations must notify donors 90 days in advance if they cannot fulfill an endowment agreement term.

ENFORCEMENT

Clarified that lawsuits cannot seek damages for the plaintiff and explicitly stated that courts cannot order the return of donated funds to the donor.

TECHNICAL

Corrected formatting errors, updated the bill number to SB 134, and refined the short title and purpose statement for legal clarity.

SB0134_2(12).pdf → SB0134_3.pdf · 2 edits

MINOR

The bill number was updated from SB 134.2 to SB 134.3 to reflect a new version of the legislation. A minor formatting correction was made in the definitions section, changing the plural 'conditions' to the singular 'condition' for consistency. These changes are primarily technical and do not alter the substantive policy, scope, or legal requirements of the bill.

TECHNICAL

The bill number was changed from SB0134.2 to SB0134.3, indicating this is a revised version of the bill.

DEFINITION

A grammatical correction was made in the definitions section, changing the word 'conditions' to 'condition' to improve consistency with the singular usage elsewhere in the text.

SB0134_1(7).pdf → SB0134_2.pdf · 5 edits

MODERATE

The bill was amended to clarify that it applies retroactively and immediately rather than just on a future date. The text was also reorganized to fix formatting errors and clarify a specific definition regarding who can act as a legal representative for a donor's estate.

Scope change

The bill's applicability was expanded to include retroactive application and immediate effect, changing the timeline for when the new rules take force.

TIMELINE

Changed the effective date from a specific future date (July 1, 2025) to an immediate effective date with retroactive applicability.

DEFINITION

Clarified the definition of 'legal representative' to explicitly require that the designation be made known to the charitable organization by the donor.

REQUIREMENT

Adjusted the notice period required before a charitable organization can alter an endowment agreement from 30 days to 90 days.

Corrected the statute of limitations for filing complaints from 6 years to 3 years after discovering a breach.

TECHNICAL

Fixed formatting inconsistencies, page headers, and line breaks throughout the document.

LC1823.pdf → SB0134_1.pdf · 2 edits

MINOR

The bill was renumbered from LC 1823 to SB 134, changing its status from a House committee report to a Senate bill. The primary substantive change is the addition of a new page break in the middle of the text, which appears to be a formatting adjustment for the final authorized print version rather than a policy modification.

TECHNICAL

The bill number was changed from LC 1823 to SB 134, indicating it has moved from the House to the Senate.

A new page break was inserted after page 2, likely to correct pagination in the final printed version.

Generally revise laws relating to gifts and endowments

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