Revise definition of sex in Montana law

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AN ACT FOR THE CODIFICATION AND GENERAL REVISION OF THE LAWS RELATING TO THE
DEFINITION FOR THE WORDS SEX, FEMALE, MALE, MAN, WOMAN, FATHER, AND MOTHER WHEN
REFERRING TO A HUMAN; PROVIDING THAT THE DEFINITION OF SEX REFERS TO BIOLOGICAL SEX
AND NOT GENDER IDENTITY OR SEXUAL INTERCOURSE; PROVIDING THAT THE DEFINITION OF SEX
IS LIMITED TO TWO TYPES OF SEXES WHICH ARE REFERRED TO AS MALE AND FEMALE; PROVIDING
THAT THE DEFINITIONS OF MALE, FEMALE, MAN, WOMAN, FATHER, AND MOTHER REFER TO
BIOLOGICAL SEX AND NOT SUBJECTIVE GENDER IDENTITY; CLARIFYING THE MEANING OF THE
TERM "GENDER"; AMENDING SECTIONS 2-18-208, 2-18-606, 7-15-4207, 7-34-2123, 10-2-403, 13-27-408,
13-35-301, 13-38-201, 13-38-203, 13-38-205, 19-2-802, 20-6-808, 20-7-1306, 20-7-1703, 20-9-327, 20-11-116,
20-25-501, 20-25-707, 22-2-306, 23-2-505, 33-1-201, 35-20-209, 39-2-912, 39-29-101, 39-71-401, 40-1-107,
40-1-311, 40-1-401, 40-5-804, 40-5-907, 40-5-1031, 40-6-701, 40-6-703, 41-3-210, 41-5-103, 42-2-204, 44-2-
411, 44-2-412, 45-5-625, 46-18-101, 46-19-301, 46-19-401, 49-1-102, 49-2-101, 49-3-101, 50-4-720, 50-5-105,
50-5-602, 50-11-101, 50-15-101, 50-19-103, 50-19-501, 50-60-214, 53-20-142, 53-21-121, 53-21-142, 53-24-
310, 53-30-312, 60-5-514, 60-5-522, 61-5-107, 72-1-103, 72-17-106, AND 90-14-104, MCA; REPEALING
SECTION 1-1-201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, in human beings, there are two -- and only two -- sexes: male and female, which refer to
the two body structures (phenotypes) that, in normal development, correspond to one or the other gamete --
sperm for males and ova for females; and
WHEREAS, every individual is either male or female; and
WHEREAS, an individual's sex can be observed or clinically verified at or before birth; and
WHEREAS, rare disorders of sexual development are not exceptions to the binary nature of sex; and
WHEREAS, in no case is an individual's sex determined by stipulation or self-identification; and
WHEREAS, there is increasing confusion about the definition and implications of sex as a biological
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truth and its relationship to concepts and terms including but not limited to sex assigned at birth, gender, gender
identity, gender role, gender expression, and experienced gender; and
WHEREAS, confusion and ambiguities surrounding the definitions of sex, male, female, and related
terms can hinder individual efforts to enjoy equal treatment under the law; and
WHEREAS, legal equality of the two sexes -- male and female -- does not imply that the sexes are
identical to each other or are the same in every respect; and
WHEREAS, with respect to the two sexes -- male and female -- separate facilities or sports leagues
established because of or organized according to physical differences between the sexes do not constitute
unequal treatment under the law; and
WHEREAS, physical differences between males and females are enduring, and the two sexes are not
fungible.
THEREFORE, it is the intent of the Legislature of this state to clarify and reconcile the meaning of sex,
male, female, and related terms in state laws, administrative rules, and guidelines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Terms of wide applicability. (1) Unless the context requires otherwise, the following
definitions apply in the Montana Code Annotated:
(a) "Father" means a male parent.
(b) "Female" means, when used to refer to a natural person, an individual who naturally has, had,
will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive
system that at some point produces, transports, and utilizes the large gamete, or ova, for fertilization.
(c) "Male" means, when used to refer to a natural person, an individual who naturally has, had, will
have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive
system that at some point produces, transports, and utilizes the small gamete, or sperm, for fertilization.
(d) "Man" means an adult human male, except when used as a generic reference to human
beings.
(e) "Mother" means a female parent.
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(f) "Oath" includes an affirmation or declaration.
(g) "Person" includes a corporation or other entity as well as a natural person.
(h) "Several" means two or more.
(i) "Sex" means whether someone is male or female, which is distinguished based on the type of
gamete, sperm or eggs, they are capable of or expected to produce, as dictated by their primary sexual
anatomy. Because there are only two types of gametes, sperm and ova, with two corresponding reproductive
systems, there are only two sexes: male and female. An individual's sex is rooted in reproductive anatomy and
is in no way influenced or defined by one's psychological state, behavior, expression, or personal identity.
(j) "State", when applied to the different parts of the United States, includes the District of
Columbia and the territories.
(k) "United States" includes the District of Columbia and the territories.
(l) "Woman" means an adult human female.
(2) Wherever the word "man" or "men" or a word that includes the syllable "man" or "men" in
combination with other syllables, such as "workman", appears in this code, the word or syllable includes
"woman" or "women" unless the context clearly indicates a contrary intent and unless the subject matter of the
statute relates clearly and necessarily to a specific sex only.
(3) Whenever the term "heretofore" occurs in any statute, it must be construed to mean any time
previous to the day the statute takes effect. Whenever the word "hereafter" occurs, it must be construed to
mean the time after the statute containing the term takes effect.
(4) (a) The term "gender", when used alone to refer to a male, female, or the natural differences
between a male and female:
(i) must be considered a synonym for sex; and
(ii) may not be considered a synonym or short-hand expression for gender identity, experienced
gender, gender expression, or gender role.
(b) The term "gender" does not apply when it is used in conjunction with other words or as an
adjective to modify other words, or when context or explicit definition in preexisting state law, administrative
rules, or guidelines indicates otherwise.
(c) The term "gender identity", if used in state law, administrative rules, or guidelines, may not be
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considered a synonym or substitute for sex or gender.
Section 2. Section 2-18-208, MCA, is amended to read:
"2-18-208. Comparable worth. The department of administration shall, in its continuous efforts to
enhance the current classification plan and pay schedules, work toward the goal of establishing a standard of
equal pay for comparable worth. This standard for the classification plan shall be reached by:
(1) eliminating, in the classification of positions, the use of judgments and factors that contain
inherent biases based on sex, as defined in 1-1-201 [section 1]; and
(2) comparing, in the classification of positions, the factors for determining job worth across
occupational groups whenever those groups are dominated by males or females."
Section 3. Section 2-18-606, MCA, is amended to read:
"2-18-606. Parental leave for state employees. (1) The department of administration shall develop a
parental leave policy for permanent state employees. The policy must permit an employee to take a reasonable
leave of absence and permit the employee to use sick leave immediately following the birth or placement of a
child for a period not to exceed 15 working days if:
(a) the employee is adopting a child; or
(b) the employee is a birth father, as defined in [section 1].
(2) As used in this section, "placement" means placement for adoption as defined in 33-22-130.
(3) A state agency that is not subject to the provisions of the Family and Medical Leave Act of
1993, 29 U.S.C. 2601 through 2654, may extend the provisions of that act to the employees of the agency."
Section 4. Section 7-15-4207, MCA, is amended to read:
"7-15-4207. Prohibition against discrimination. For all of the purposes of this part and part 43, a
person may not be subjected to discrimination because of sex, as defined in 1-1-201 [section 1], race, creed,
religion, age, physical or mental disability, color, or national origin."
Section 5. Section 7-34-2123, MCA, is amended to read:
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"7-34-2123. Admission to district hospital facilities. Such a hospital district must admit persons to
its facilities without regard to race, color, or sex, as defined in 1-1-201 [section 1]. Such obligation shall not
prevent the board of trustees of such hospital district from establishing reasonable minimum rates for hospital
quarters, services, and supplies. Indigents needing such services, for the rendition of which provision is made
by the laws of Montana, must be admitted to such public hospitals on terms and rates prescribed or authorized
by law."
Section 6. Section 10-2-403, MCA, is amended to read:
"10-2-403. Eligibility for residence in home. To be eligible for residence in a Montana veterans'
home under rules prescribed by the department of public health and human services, a person must be a
veteran or the spouse or surviving spouse of a veteran. Consideration must also be given to:
(1) the person's age;
(2) the person's physical and mental status;
(3) the person's ability or inability to locate suitable alternative accommodations;
(4) the person's term of residence in Montana;
(5) the person's gender, as provided in [section 1], as it relates to availability of appropriate living
space;
(6) the ability of the Montana veterans' home to meet the person's needs; and
(7) other admission requirements established by the department."
Section 7. Section 13-27-408, MCA, is amended to read:
"13-27-408. Rejection of improper arguments. The secretary of state shall reject, with the approval
of the attorney general, an argument or other matter held to contain obscene, vulgar, profane, scandalous,
libelous, or defamatory matter; any language that in any way incites, counsels, promotes, or advocates hatred,
abuse, violence, or hostility toward, or that tends to cast ridicule or shame upon, a group of persons by reason
of race, color, religion, or sex, as defined in 1-1-201 [section 1]; or any matter not allowed to be sent through
the mail. Such arguments may not be filed or printed in the voter information pamphlet."
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Section 8. Section 13-35-301, MCA, is amended to read:
"13-35-301. Adoption of code of fair campaign practices. The following code of fair campaign
practices is adopted by Montana:
"There are basic principles of decency, honesty, and fair play that every candidate for public office in
the United States has a moral obligation to observe and uphold, in order that, after vigorously contested but
fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled
choice and the will of the people may be fully and clearly expressed on the issues before the country.
Therefore:
I will conduct my campaign in the best American tradition, discussing the issues as I see them,
presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record
and policies of my opponent and my opponent's party that merit such criticism.
I will defend and uphold the right of every qualified American voter to full and equal participation in the
electoral process.
I will conduct my campaign without the use of personal vilification, character defamation, whispering
campaigns, libel, slander, or scurrilous attacks on my opposition or my opposition's personal or family life.
I will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts,
nor will I use malicious or unfounded accusations that aim at creating or exploiting doubts, without justification,
as to the loyalty and patriotism of my opposition.
I will not make any appeal to prejudice based on race, sex, as defined in 1-1-201 [section 1], creed, or
national origin.
I will not undertake or condone any dishonest or unethical practice that tends to corrupt or undermine
our American system of free elections or that hampers or prevents the full and free expression of the will of the
voters.
Insofar as is possible, I will immediately and publicly repudiate support deriving from any individual or
group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and
tactics that I have pledged not to use or condone.""
Section 9. Section 13-38-201, MCA, is amended to read:
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"13-38-201. Election or appointment of committee representatives at primary -- vacancies -- tie
votes. (1) Each political party shall appoint or elect at each primary election one person of each sex, as defined
in 1-1-201 [section 1], to serve as committee representatives for each election precinct. The committee
representatives must be residents and registered voters of the precinct.
(2) If a political party chooses to appoint precinct committee representatives, the political party
shall make the appointments as provided in the party's rules.
(3) If a political party chooses to elect precinct committee representatives, the party may:
(a) administer the election itself as provided in the party's rules; or
(b) elect precinct committee representatives in a primary election, subject to 13-10-209 and
subsection (4) of this section.
(4) In a primary election for a precinct committee representative:
(a) if the number of candidates nominated for a party's precinct committee representatives is less
than or equal to the number of positions to be elected, the election administrator may give notice that a party's
precinct committee election will not be held in that precinct;
(b) if a party precinct committee election is not held pursuant to subsection (4)(a), the election
administrator shall declare elected by acclamation the candidate who filed for the position or who filed a
declaration of intent to be a write-in candidate. The election administrator shall issue a certificate of election to
the designated party.
(c) write-in votes for a precinct committee representative may be counted as specified in 13-15-
206(5) only if the individual whose name is written in has filed a declaration of intent as a write-in candidate by
the deadline prescribed in 13-10-211(1);
(d) in the case of a tie vote for a precinct committee representative position, the county central
committee shall determine a winner.
(5) Pursuant to 13-38-101, a vacancy in a precinct committee representative position must be filled
by the party governing body as provided in its rules."
Section 10. Section 13-38-203, MCA, is amended to read:
"13-38-203. Powers and duties of county and city central committees -- role of state central
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committee where no county central committee exists. (1) The county and city central committee may:
(a) make rules for the government of its political party in each county not inconsistent with any of
the provisions of the election laws of this state or the rules of its state political party;
(b) elect two county members of the state central committee, one of each gender, as provided in
[section 1], elect the members of the congressional committee, and fill all vacancies and make rules in their
jurisdiction.
(2) If there is no county central committee, the state central committee shall appoint a county
central committee.
(3) Meetings of a central committee that is filling an election vacancy pursuant to 13-10-326 or 13-
10-327 must be open to the public. Records of a central committee regarding filling a vacancy pursuant to 13-
10-326 or 13-10-327 must be made available for public inspection on request.
(4) County and city central committees are not public agencies of the state. The documents of the
county and city central committees are not public records."
Section 11. Section 13-38-205, MCA, is amended to read:
"13-38-205. Organization and operation of county and city central committees. (1) The county
central committee shall meet prior to the state convention of its political party and organize by electing a
presiding officer and one or more vice presiding officers. The gender, as provided in [section 1], of the presiding
officer and the vice presiding officer may not be the same. The county central committee shall elect a secretary
and other officers as necessary. It is not necessary for the officers to be precinct committee representatives.
(2) The committee may select managing or executive committees and authorize subcommittees to
exercise all powers conferred upon the county, city, state, and congressional central committees by the election
laws of this state.
(3) The presiding officer of the county central committee shall call the county convention and not
less than 4 days before the date of the county convention shall publish the call in a newspaper published at the
county seat and mail a copy of the call to each precinct committee representative. If party rules permit the use
of a proxy, a proxy may not be recognized unless it is held by an elector of the precinct of the committee
representative executing it.
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(4) The county presiding officer of the party shall preside at the county convention. No person
other than a duly elected or appointed committee representative or officer of the committee is entitled to
participate in the proceedings of the committee.
(5) If a committee representative is absent, the convention may fill the vacancy by appointing some
qualified elector of the party, resident in the precinct, to represent the precinct in the convention.
(6) The county convention shall elect delegates and alternate delegates to the state convention
under rules of the state party. The presiding officer and secretary of the county convention shall issue and sign
certificates of election of the delegates."
Section 12. Section 19-2-802, MCA, is amended to read:
"19-2-802. Effect of no designation of beneficiary or no surviving statutory or designated
beneficiary. (1) If a member or payment recipient fails to name a designated beneficiary or if a statutory or
designated beneficiary does not survive the member or payment recipient, the estate of the member or
payment recipient is entitled to any accrued lump-sum payment or accrued retirement benefit not received prior
to the member's or payment recipient's death. If the estate, as either a designated beneficiary or as a
beneficiary by default as provided in this subsection, would not be probated but for the amount due to the
estate from the retirement system, all of the amount due to the estate must be paid directly, without probate, to
the surviving next of kin of the deceased or the guardians of the survivor's estate, share and share alike.
(2) Payment must be made in the same order in which the following groups are listed:
(a) husband or wife;
(b) children;
(c) father and mother, as defined in [section 1];
(d) grandchildren;
(e) brothers and sisters; or
(f) nieces and nephews.
(3) A payment may not be made to a person included in any of the groups listed in subsection (2) if
at the date of payment there is a living person in any of the groups preceding the group of which the person is a
member, as listed. Payment must be made upon receipt from the person of an affidavit, upon a form supplied
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by the board, that there are no living individuals in the groups preceding the group of which the person is a
member and that the estate of the deceased will not be probated.
(4) The payment must be in full and complete discharge and acquittance of the board and system
on account of the member's or payment recipient's death."
Section 13. Section 20-6-808, MCA, is amended to read:
"20-6-808. Enrollment. (1) (a) A public charter school must be open to any student residing in the
state.
(b) A school district may not require a student enrolled in the school district to attend a public
charter school.
(c) A public charter school may limit admission to students within a given age group or grade level.
(d) A public charter school may be organized for a special emphasis, theme, or concept as stated
in the school's proposal.
(e) A public charter school shall enroll all students who wish to attend the school unless the
number of students exceeds the capacity of a program, class, grade level, or building.
(f) If capacity is insufficient to enroll all students who wish to attend the school, the public charter
school shall select students through a lottery.
(2) (a) A public charter school shall give enrollment preference to students who are residents of the
located school district.
(b) A public charter school may give enrollment preference to:
(i) students who were enrolled in the public charter school the previous school year and to siblings
of students already enrolled in the public charter school. An enrollment preference for returning students
excludes those students from entering a lottery.
(ii) children of members of a public charter school's governing board and full-time employees,
limited to no more than 10% of the school's total student population.
(3) This section does not preclude the formation of a public charter school for the purpose of
serving students with disabilities, students of the same gender, as provided in [section 1], students who pose a
sufficiently severe disciplinary problem to warrant a specific educational program, or students who are at risk of
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academic failure. If capacity is insufficient to enroll all students who wish to attend such a school, the public
charter school shall select students through a lottery.
(4) If a student who was previously enrolled in a public charter school enrolls in any other public
school in this state, the student's new school shall accept credits earned by the student in courses or
instructional programs at the public charter school.
(5) A school district shall provide or publicize to parents and the general public information about
public charter schools as an enrollment option within the district to the same extent and through the same
means that the district provides and publicizes information about noncharter public schools in the district.
(6) The board of public education may not restrict the number of students a public charter school
may enroll. The capacity of the public charter school must be determined annually by the governing board in
consideration of the public charter school's ability to facilitate the academic success of its students, to achieve
the objectives specified in the charter contract, and to ensure that its student enrollment does not exceed the
capacity of its facility or site."
Section 14. Section 20-7-1306, MCA, is amended to read:
"20-7-1306. (Temporary) Designation of athletic teams. (1) Interscholastic, intercollegiate,
intramural, or club athletic teams or sports that are sponsored by a public elementary or high school, a public
institution of higher education, or any school or institution whose students or teams compete against a public
school or institution of higher education must be expressly designated as one of the following based on
biological sex:
(a) males, men, or boys;
(b) females, women, or girls; or
(c) coed or mixed.
(2) Athletic teams or sports designated for females, women, or girls may not be open to students of
the male sex.
(3) For the purposes of this section, "female", "male", and "sex" are defined in 1-1-201 [section 1].
(Void on occurrence of contingency--sec. 6, Ch. 405, L. 2021.)"
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Section 15. Section 20-7-1703, MCA, is amended to read:
"20-7-1703. Definitions. As used in this part, the following definitions apply:
(1) "Eligible postsecondary institution" means an accredited postsecondary institution located in
Montana.
(2) "ESA student amount" means the sum of:
(a) the data-for-achievement payment rate under 20-9-306;
(b) the Indian education for all payment rate under 20-9-306;
(c) the per-ANB amounts of the instructional block grant and related services block grant under 20-
9-321; and
(d) the applicable per-ANB maximum rate established in 20-9-306 for the student multiplied by the
ratio of adopted general fund budget to maximum general fund budget in the prior year, rounded to the nearest
one hundredth and not to exceed 1.00, in the district in which the student is included for ANB purposes under
the program.
(3) "Montana special needs equal opportunity education savings account" or "account" means an
account within the trust established in 20-7-1710 in which a payment under 20-7-1709 is deposited on behalf of
a qualified student for the purpose of reimbursement for the purchase of allowable educational resources
pursuant to 20-7-1704 for qualified students.
(4) "Parent" means a biological parent, adoptive parent, legal guardian, custodian, or other person
with legal authority to act on behalf of a qualified student, and whose parental rights have not been terminated.
(5) "Program" means the Montana special needs equal opportunity education savings account
program established in 20-7-1702.
(6) "Qualified school" means a nonpublic school serving any combination of grades kindergarten
through 12 that:
(a) is in compliance with applicable local health and safety regulations;
(b) holds a valid occupancy permit, if required by the municipality;
(c) does not discriminate on the basis of race, creed, religion, sex, as defined in [section 1], marital
status, color, age, physical disability, or national origin or because of mental disability, unless based on
reasonable grounds, pursuant to 49-2-307;
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(d) requires that any employee who may have unsupervised access to children be subject to a
criminal history background check prior to employment pursuant to and in support of 42 U.S.C. 5119(a) and (c);
and
(e) meets the requirements for Montana nonpublic schools under 20-5-109.
(7) "Qualified student" means a resident of the state who:
(a) in the current school year:
(i) is identified as a "child with a disability" under the Individuals With Disabilities Education Act, 20
U.S.C. 1400, et seq.; and
(ii) is between the ages of 5 and 19 on September 10;
(b) is not currently enrolled in a school operating for the purpose of providing educational services
to youth in department of corrections commitment programs or in the Montana school for the deaf and blind;
and
(c) (i) was counted during the previous school year for purposes of school district ANB funding;
(ii) was enrolled during the previous school year in a program listed in subsection (7)(b);
(iii) did not reside in the state in the previous school year; or
(iv) is eligible to enter a kindergarten program pursuant to 20-7-117.
(8) "Resident school district" means the school district in which a student resides."
Section 16. Section 20-9-327, MCA, is amended to read:
"20-9-327. Quality educator payment. (1) (a) The state shall provide a quality educator payment to:
(i) public school districts, as defined in 20-6-101 and 20-6-701;
(ii) special education cooperatives, as described in 20-7-451;
(iii) the Montana school for the deaf and blind, as described in 20-8-101;
(iv) correctional facilities, as defined in 41-5-103; and
(v) the Montana youth challenge program.
(b) A special education cooperative that has not met the requirements of 20-7-454 may not be
funded under the provisions of this section except by approval of the superintendent of public instruction.
(2) (a) The quality educator payment for special education cooperatives must be distributed
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directly to those entities by the superintendent of public instruction.
(b) The quality educator payment for the Montana school for the deaf and blind must be distributed
to the Montana school for the deaf and blind.
(c) The quality educator payment for Pine Hills correctional facility and the facility under contract
with the department of corrections for female, as defined in 1-1-201 [section 1], youth must be distributed to
those facilities by the department of corrections.
(d) The quality educator payment for the Montana youth challenge program must be distributed to
that program by the department of military affairs.
(3) The quality educator payment is calculated as provided in 20-9-306, using the number of full-
time equivalent educators, as reported to the superintendent of public instruction for accreditation purposes in
the previous school year, each of whom:
(a) holds a valid certificate under the provisions of 20-4-106 and is employed by an entity listed in
subsection (1) of this section in a position that requires an educator license in accordance with the
administrative rules adopted by the board of public education;
(b) (i) is a licensed professional under 37-8-405, 37-8-415, 37-11-301, 37-15-301, 37-17-302, 37-
24-301, 37-25-302, 37-39-308, 37-39-309, or 37-39-311; and
(ii) is employed by an entity listed in subsection (1) to provide services to students; or
(c) (i) holds an American Indian language and culture specialist license; and
(ii) is employed by an entity listed in subsection (1) to provide services to students in an Indian
language immersion program pursuant to Title 20, chapter 7, part 14."
Section 17. Section 20-11-116, MCA, is amended to read:
"20-11-116. Enrollment. (1) (a) A community choice school must be open to any student residing in
the state.
(b) A school district may not require a student enrolled in the school district to attend a choice
school.
(c) A choice school may limit admission to students within a given age group or grade level.
(d) A choice school may be organized for a special emphasis, theme, or concept as stated in the
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school's proposal.
(e) A choice school shall enroll all students who wish to attend the school unless the number of
students exceeds the capacity of a program, class, grade level, or building.
(f) If capacity is insufficient to enroll all students who wish to attend the school, the choice school
shall select students through a lottery.
(2) A traditional public school converting to a choice school shall adopt and maintain a policy
giving enrollment preference to students who reside within the former attendance area of that public school.
(3) (a) A choice school shall give enrollment preference to students who were enrolled in the
choice school the previous school year and to siblings of students already enrolled in the choice school. An
enrollment preference for returning students and siblings excludes those students from entering a lottery.
(b) A choice school may give enrollment preference to children of a choice school's employees
and governing board, limited to no more than 10% of the school's total student population.
(4) This section does not preclude the formation of a community choice school for the purpose of
serving students with disabilities, students of the same gender, as provided in [section 1], students who pose a
sufficiently severe disciplinary problem to warrant a specific educational program, or students who are at risk of
academic failure. If capacity is insufficient to enroll all students who wish to attend a school, the choice school
shall select students through a lottery.
(5) If a student who was previously enrolled in a choice school enrolls in any other public school in
this state, the student's new school shall accept credits earned by the student in courses or instructional
programs at the choice school.
(6) A traditional school district shall provide or publicize to parents and the general public
information about choice schools as an enrollment option within the district's physical, geographical boundaries
to the same extent and through the same means that the district provides and publicizes information about
traditional public schools in the district.
(7) An authorizer may not restrict the number of students a choice school may enroll. The capacity
of the choice school must be determined annually by its governing board in conjunction with the authorizer and
in consideration of the choice school's ability to facilitate the academic success of its students, to achieve the
objectives specified in the charter contract, and to ensure that its student enrollment does not exceed the
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capacity of its facility or site.
(8) If the choice school is the only public school in a town, the choice school must give preference
to enrolling pupils residing in the town or within 5 miles of the school if the next closest public school is more
than 10 miles away from the student's residence."
Section 18. Section 20-25-501, MCA, is amended to read:
"20-25-501. Definitions. (1) Terms used in this part are defined as follows:
(a) "Domicile" means a person's true, fixed, and permanent home and place of habitation.
(b) "Minor" means a male or female, as defined in 1-1-201 [section 1], person who has not
obtained the age of 18 years.
(c) "Qualified person" means a person legally qualified to determine the person's own domicile.
(d) "Resident student" means:
(i) a student who has been domiciled in Montana for 1 year immediately preceding registration at
any unit for any term or session for which resident classification is claimed. Attendance as a full-time student at
any college, university, or other institution of higher education is not alone sufficient to qualify for residence in
Montana.
(ii) any graduate of a Montana high school who is a citizen or resident alien of the United States
and whose parents, parent, or guardian has resided in Montana at least 1 full year of the 2 years immediately
preceding the student's graduation from high school. The classification continues for not more than 4 academic
years if the student remains in continuous attendance at a unit; or
(iii) a member of the armed forces of the United States assigned to and residing in Montana, the
member's spouse, or the member's dependent children.
(2) In the event that the definition of residency or any portion of the definition is declared
unconstitutional as it is applied to payment of nonresident fees and tuition, the regents of the Montana
university system may make rules on what constitutes adequate evidence of residency status not inconsistent
with those court decisions."
Section 19. Section 20-25-707, MCA, is amended to read:
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"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 [section 1], age, marital status, physical or mental disability,
ancestry, or national origin."
Section 20. Section 22-2-306, MCA, is amended to read:
"22-2-306. Grant conditions -- additional funds -- accounts and reports. (1) A grant may not be
awarded unless the grantee accepts the Montana arts council's conditions of the grant and signs a contract
stipulating those conditions.
(2) A grantee must agree in writing that:
(a) the grantee is the official and sole agency for the administration of the project described in the
grant agreement; and
(b) no person will, on the grounds of race, color, national origin, sex, as defined in 1-1-201 [section
1], or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity that results from the expenditure of grant funds.
(3) The grantee must agree that the funds granted will be expended solely for the purpose and
activities described in the approved proposal. All funds granted to the grantee must be spent or encumbered
during the grant period.
(4) Disbursements to grantees must be as follows, based upon the cash flow needs of the projects
and the revenues available:
(a) Projects that are to receive more than $10,000 may receive an amount not exceeding 25% of
the grant award in the first 6 months of the biennium, 50% in the first year of the biennium, 75% in the first 18
months of the biennium, and the balance in the remainder of the biennium. Within the limitations contained in
this subsection, the amount of each payment must be determined by the Montana arts council in its discretion.
Each payment may be made only after an examination of the costs incurred in the project and the amount, if
any, of the unencumbered or unexpended balance of prior grant payments for the project.
(b) Projects that are to receive $10,000 or less may receive the total grant in any fiscal quarter if
the Montana arts council determines that the cultural and aesthetic project account has funds available and
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that, after an examination of the costs incurred by the project, total payment is appropriate.
(c) A grant award budget may be modified in accordance with this subsection. A grantee may
modify line items in an approved budget in an amount not to exceed 10% of the total grant award. A grantee
may, with permission of the Montana arts council, modify line items in an approved budget in an amount not to
exceed 20% of the total grant award. A modification may not increase the grant award or change the scope or
purpose of the award.
(5) The grantee must maintain accounts, records, and other pertinent material pertaining to the
costs incurred and expenditures made under the grant. The system of accounting employed by the grantee
must be in accordance with generally accepted accounting principles and be applied in a consistent manner so
that project costs and expenditures can be clearly identified. Accounts, records, and other pertinent material
must be maintained for 3 years from the official termination date of the grant period or until an audit, approved
by the council, has been completed and any questions arising from the audit have been resolved to the
satisfaction of the council.
(6) Grantees must submit to the council semiannual reports of expenditures during the course of
the project and other financial and descriptive reports that the council may require. The grantee must submit,
within 30 days after completion of the project, a final financial report and a narrative report stating what was
accomplished with the grant. Five percent of the total grant award must be held pending receipt of final reports
by the council. With regard to grantees who in the past have submitted late reports, 30% of the grant award
may be held pending receipt of final reports by the council.
(7) The council may, at the principal place of business of the grantee and during regular business
hours, examine any directly pertinent records, accounts, and documents of the grantee involving transactions
related to the grant."
Section 21. Section 23-2-505, MCA, is amended to read:
"23-2-505. Owner's civil liability. The owner of a vessel is liable for any injury or damage
occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the
provisions of the statutes of this state or neglecting to observe ordinary care and operation that the rules of the
common law require. However, the owner is not liable unless the vessel is being used with the owner's express
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or implied consent. It must be presumed that the vessel is being operated with the knowledge and consent of
the owner if, at the time of the injury or damage, it is under the control of the owner's spouse, father as defined
in [section 1], mother as defined in [section 1], brother, sister, son, daughter, or other immediate member of the
owner's family. This section may not be construed to relieve any other person from any liability that the person
would otherwise have. However, this section may not be construed to authorize or permit any recovery in
excess of injury or damage actually incurred."
Section 22. Section 33-1-201, MCA, is amended to read:
"33-1-201. Definitions -- insurance in general -- general terms. For the purposes of this code, the
following definitions apply unless the context requires otherwise:
(1) "Alien insurer" is an insurer formed under the laws of any country other than the United States
or its states, districts, territories, and commonwealths.
(2) "Authorized insurer" is an insurer duly authorized by a certificate of authority issued by the
commissioner to transact insurance in this state.
(3) "Domestic insurer" is an insurer incorporated under the laws of this state.
(4) "Female" has the meaning provided in 1-1-201 [section 1].
(5) "Foreign insurer" is an insurer formed under the laws of any jurisdiction other than this state.
Except when distinguished by context, the term includes an alien insurer.
(6) "Gender" has the meaning provided in [section 1].
(6)(7) (a) "Insurance" is a contract through which one undertakes to indemnify another or pay or
provide a specified or determinable amount or benefit upon determinable contingencies.
(b) The term does not include:
(i) contracts for the installation, maintenance, and provision of inside telecommunications wiring to
residential or business premises;
(ii) direct patient care agreements established pursuant to 50-4-107; or
(iii) an arrangement with a health care sharing ministry that meets the requirements of 50-4-111.
(7)(8) (a) "Insurer" includes every person engaged as indemnitor, surety, or contractor in the business
of entering into contracts of insurance. The term also includes a health service corporation in the provisions
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listed in 33-30-102.
(b) The term does not include a health care sharing ministry that meets the requirements of 50-4-
111.
(8)(9) "Male" has the meaning provided in 1-1-201 [section 1].
(9)(10) "Resident domestic insurer" is an insurer incorporated under the laws of this state and:
(a) if a mutual company, not less than one-half of the policyholders are individuals who are
residents of this state; or
(b) if a stock insurer, not less than one-half of the shares are owned by individuals who are
residents of this state and all of the directors and officers of the insurer are residents of this state.
(10)(11)"Sex" has the meaning provided in 1-1-201 [section 1].
(11)(12)"State", when used in relation to jurisdiction, means a state, the District of Columbia, or a
territory, commonwealth, or possession of the United States.
(12)(13)"Transact", with respect to insurance, means to:
(a) solicit;
(b) negotiate;
(c) sell or effectuate a contract of insurance; or
(d) transact matters subsequent to effectuation of the contract of insurance and arising out of it.
(13)(14)"Unauthorized insurer" is an insurer not authorized by a certificate of authority issued by the
commissioner to transact insurance in this state."
Section 23. Section 35-20-209, MCA, is amended to read:
"35-20-209. Duties of secretary -- record of interments. The secretary shall perform all the duties
of a secretary of a corporation and shall, in addition, keep a record of interments in which the secretary shall
enter as correctly and carefully as may be the name, age, sex, as defined in 1-1-201 [section 1], place of birth,
and cause of death with date of burial of every person interred in the cemetery. The secretary shall procure
these facts from friends or relatives of the deceased or the undertaker that gives the order for interment at that
time or, if the deceased is a pauper, a stranger, or criminal, from the coroner, physician, or other public officer
directing the burial of the deceased."
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Section 24. Section 39-2-912, MCA, is amended to read:
"39-2-912. Exemptions. (1) This part does not apply to a discharge:
(a) that is subject to any other state or federal statute that provides a procedure or remedy for
contesting the dispute. The statutes include those that prohibit discharge for filing complaints, charges, or
claims with administrative bodies or that prohibit unlawful discrimination based on race, national origin, sex, as
defined in 1-1-201 [section 1], age, disability, creed, religion, political belief, color, marital status, and other
similar grounds.
(b) of an employee covered by a written collective bargaining agreement or a written contract of
employment for a specific term.
(2) For the purposes of this section, a contract for a specific term may contain a probationary
period as provided for in 39-2-910 and may contain an automatic renewal clause that automatically renews the
contract of employment for one or more successive terms."
Section 25. Section 39-29-101, MCA, is amended to read:
"39-29-101. Definitions. For the purposes of this chapter, the following definitions apply:
(1) "Armed forces" means the:
(a) United States army, marine corps, navy, air force, space force, and coast guard;
(b) merchant marine for service recognized by the United States department of defense as active
military service for the purpose of laws administered by the department of veterans affairs; and
(c) Montana army and air national guard.
(2) "Disabled veteran" means a person:
(a) whether or not the person is a veteran who was separated under honorable conditions from
military duty in the armed forces and has established the present existence of a service-connected disability or
is receiving compensation, disability retirement benefits, or a pension because of a law administered by the
department of veterans affairs, a military department, or the state of Montana; or
(b) who has received a purple heart medal.
(3) "Eligible relative" means:
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(a) the unmarried surviving spouse of a veteran or disabled veteran;
(b) the spouse of a disabled veteran who is unable to qualify for appointment to a position;
(c) the mother of a veteran who died under honorable conditions while serving in the armed forces
if:
(i) the mother's spouse is totally and permanently disabled; or
(ii) the mother is the widow of the father of the veteran and has not remarried;
(d) the mother of a service-connected permanently and totally disabled veteran if:
(i) the mother's spouse is totally and permanently disabled; or
(ii) the mother is the widow of the father of the veteran and has not remarried.
(4) "Father" has the meaning provided in [section 1].
(5) "Military duty" means duty with military pay and allowances in the armed forces.
(6) "Mother" has the meaning provided in [section 1].
(5)(7) (a) "Position" means a position occupied by a permanent, temporary, or seasonal employee, as
defined in 2-18-101, for the state or a similar permanent, temporary, or seasonal employee with a public
employer other than the state.
(b) The term does not include:
(i) a state or local elected office;
(ii) appointment by an elected official to a body, such as a board, commission, committee, or
council;
(iii) appointment by an elected official to a public office if the appointment is provided for by law;
(iv) a department head appointment by the governor or an executive department head appointment
by a mayor, city manager, county commissioner, or other chief administrative or executive officer of a local
government;
(v) engagement as an independent contractor or employment by an independent contractor; or
(vi) a position occupied by a student intern, as defined in 2-18-101.
(6)(8) "Public employer" means:
(a) a department, office, board, bureau, commission, agency, or other instrumentality of the
executive, legislative, or judicial branches of the government of this state;
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(b) a unit of the Montana university system;
(c) a school district or community college; and
(d) a county, city, or town.
(7)(9) "Scored procedure" means a written test, structured oral interview, performance test, or other
selection procedure or a combination of these procedures that results in a numerical score to which percentage
points may be added.
(8)(10) (a) "Under honorable conditions" means a discharge or separation from military duty
characterized by the armed forces as under honorable conditions. The term includes honorable discharges and
general discharges.
(b) The term does not include dishonorable discharges or other administrative discharges
characterized as other than honorable.
(9)(11) "Veteran" means a person who:
(a) was separated under honorable conditions from active federal military duty in the armed forces
after having served more than 180 consecutive days, other than for training;
(b) as a member of a reserve component under an order of federal duty pursuant to 10 U.S.C.
12301(a), (d), or (g), 10 U.S.C. 12302, or 10 U.S.C. 12304 served on active duty during a period of war or in a
campaign or expedition for which a campaign badge is authorized and was discharged or released from duty
under honorable conditions; or
(c) is or has been a member of the Montana army or air national guard and who has satisfactorily
completed a minimum of 6 years of service in the armed forces, the last 3 years of which have been served in
the Montana army or air national guard."
Section 26. Section 39-71-401, MCA, is amended to read:
"39-71-401. Employments covered and exemptions -- elections -- notice. (1) Except as provided
in subsection (2), the Workers' Compensation Act applies to all employers and to all employees. An employer
who has any employee in service under any appointment or contract of hire, expressed or implied, oral or
written, shall elect to be bound by the provisions of compensation plan No. 1, 2, or 3 unless the provisions of
39-71-442 apply. Each employee whose employer is bound by the Workers' Compensation Act is subject to
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and bound by the compensation plan that has been elected by the employer.
(2) Unless the employer elects coverage for these employments under this chapter and an insurer
allows an election, the Workers' Compensation Act does not apply to any of the following:
(a) household or domestic employment;
(b) casual employment;
(c) employment of a dependent member of an employer's family for whom an exemption may be
claimed by the employer under the federal Internal Revenue Code;
(d) employment of sole proprietors, working members of a partnership, working members of a
limited liability partnership, or working members of a member-managed limited liability company, except as
provided in subsection (3);
(e) employment of a real estate, securities, or insurance salesperson paid solely by commission
and without a guarantee of minimum earnings;
(f) employment as a direct seller as defined by 26 U.S.C. 3508;
(g) employment for which a rule of liability for injury, occupational disease, or death is provided
under the laws of the United States;
(h) employment of a person performing services in return for aid or sustenance only, except
employment of a volunteer under 67-2-105;
(i) employment with a railroad engaged in interstate commerce, except that railroad construction
work is included in and subject to the provisions of this chapter;
(j) employment as an official, including a timer, referee, umpire, or judge, at an amateur athletic
event;
(k) employment of a person performing services as a newspaper carrier or freelance
correspondent if the person performing the services or a parent or guardian of the person performing the
services in the case of a minor has acknowledged in writing that the person performing the services and the
services are not covered. As used in this subsection (2)(k):
(i) "freelance correspondent" means a person who submits articles or photographs for publication
and is paid by the article or by the photograph; and
(ii) "newspaper carrier":
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(A) means a person who provides a newspaper with the service of delivering newspapers singly or
in bundles; and
(B) does not include an employee of the paper who, incidentally to the employee's main duties,
carries or delivers papers.
(l) cosmetologist's services and barber's services as referred to in 39-51-204(1)(e);
(m) a person who is employed by an enrolled tribal member or an association, business,
corporation, or other entity that is at least 51% owned by an enrolled tribal member or members, whose
business is conducted solely within the exterior boundaries of an Indian reservation;
(n) employment of a jockey who is performing under a license issued by the board of horseracing
from the time that the jockey reports to the scale room prior to a race through the time that the jockey is
weighed out after a race if the jockey has acknowledged in writing, as a condition of licensing by the board of
horseracing, that the jockey is not covered under the Workers' Compensation Act while performing services as
a jockey;
(o) employment of a trainer, assistant trainer, exercise person, or pony person who is performing
services under a license issued by the board of horseracing while on the grounds of a licensed race meet;
(p) employment of an employer's spouse for whom an exemption based on marital status may be
claimed by the employer under 26 U.S.C. 7703;
(q) a person who performs services as a petroleum land professional. As used in this subsection, a
"petroleum land professional" is a person who:
(i) is engaged primarily in negotiating for the acquisition or divestiture of mineral rights or in
negotiating a business agreement for the exploration or development of minerals;
(ii) is paid for services that are directly related to the completion of a contracted specific task rather
than on an hourly wage basis; and
(iii) performs all services as an independent contractor pursuant to a written contract.
(r) an officer of a quasi-public or a private corporation or, except as provided in subsection (3), a
manager of a manager-managed limited liability company who qualifies under one or more of the following
provisions:
(i) the officer or manager is not engaged in the ordinary duties of a worker for the corporation or
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the limited liability company and does not receive any pay from the corporation or the limited liability company
for performance of the duties;
(ii) the officer or manager is engaged primarily in household employment for the corporation or the
limited liability company;
(iii) the officer or manager either:
(A) owns 10% or more of the number of shares of stock in the corporation or owns 10% or more of
the limited liability company; or
(B) owns less than 10% of the number of shares of stock in the corporation or limited liability
company if the officer's or manager's shares when aggregated with the shares owned by a person or persons
listed in subsection (2)(r)(iv) total 10% or more of the number of shares in the corporation or limited liability
company; or
(iv) the officer or manager is the spouse, child, adopted child, stepchild, mother as defined in
[section 1], father as defined in [section 1], son-in-law, daughter-in-law, nephew, niece, brother, or sister of a
corporate officer who meets the requirements of subsection (2)(r)(iii)(A) or (2)(r)(iii)(B);
(s) a person who is an officer or a manager of a ditch company as defined in 27-1-731;
(t) service performed by an ordained, commissioned, or licensed minister of a church in the
exercise of the church's ministry or by a member of a religious order in the exercise of duties required by the
order;
(u) service performed to provide companionship services, as defined in 29 CFR 552.6, or respite
care for individuals who, because of age or infirmity, are unable to care for themselves when the person
providing the service is employed directly by a family member or an individual who is a legal guardian;
(v) employment of a person performing the services of an intrastate or interstate common or
contract motor carrier when hired by an individual or entity who meets the definition of a broker or freight
forwarder, as provided in 49 U.S.C. 13102;
(w) employment of a person who is not an employee or worker in this state as defined in 39-71-
118(8);
(x) employment of a person who is working under an independent contractor exemption certificate;
(y) employment of an athlete by or on a team or sports club engaged in a contact sport. As used in
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this subsection, "contact sport" means a sport that includes significant physical contact between the athletes
involved. Contact sports include but are not limited to football, hockey, roller derby, rugby, lacrosse, wrestling,
and boxing.
(z) a musician performing under a written contract.
(3) (a) (i) A person who regularly and customarily performs services at locations other than the
person's own fixed business location shall elect to be bound personally and individually by the provisions of
compensation plan No. 1, 2, or 3 unless the person has waived the rights and benefits of the Workers'
Compensation Act by obtaining an independent contractor exemption certificate from the department pursuant
to 39-71-417.
(ii) Application fees or renewal fees for independent contractor exemption certificates must be
deposited in the state special revenue account established in 39-9-206 and must be used to offset the
certification administration costs.
(b) A person who holds an independent contractor exemption certificate may purchase a workers'
compensation insurance policy and with the insurer's permission elect coverage for the certificate holder.
(c) For the purposes of this subsection (3), "person" means:
(i) a sole proprietor;
(ii) a working member of a partnership;
(iii) a working member of a limited liability partnership;
(iv) a working member of a member-managed limited liability company; or
(v) a manager of a manager-managed limited liability company that is engaged in the work of the
construction industry as defined in 39-71-116.
(4) (a) A corporation or a manager-managed limited liability company shall provide coverage for its
employees under the provisions of compensation plan No. 1, 2, or 3. A quasi-public corporation, a private
corporation, or a manager-managed limited liability company may elect coverage for its corporate officers or
managers, who are otherwise exempt under subsection (2), by giving a written notice in the following manner:
(i) if the employer has elected to be bound by the provisions of compensation plan No. 1, by
delivering the notice to the board of directors of the corporation or to the management organization of the
manager-managed limited liability company; or
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(ii) if the employer has elected to be bound by the provisions of compensation plan No. 2 or 3, by
delivering the notice to the board of directors of the corporation or to the management organization of the
manager-managed limited liability company and to the insurer.
(b) If the employer changes plans or insurers, the employer's previous election is not effective and
the employer shall again serve notice to its insurer and to its board of directors or the management organization
of the manager-managed limited liability company if the employer elects to be bound.
(5) The appointment or election of an employee as an officer of a corporation, a partner in a
partnership, a partner in a limited liability partnership, or a member in or a manager of a limited liability
company for the purpose of exempting the employee from coverage under this chapter does not entitle the
officer, partner, member, or manager to exemption from coverage.
(6) Each employer shall post a sign in the workplace at the locations where notices to employees
are normally posted, informing employees about the employer's current provision of workers' compensation
insurance. A workplace is any location where an employee performs any work-related act in the course of
employment, regardless of whether the location is temporary or permanent, and includes the place of business
or property of a third person while the employer has access to or control over the place of business or property
for the purpose of carrying on the employer's usual trade, business, or occupation. The sign must be provided
by the department, distributed through insurers or directly by the department, and posted by employers in
accordance with rules adopted by the department. An employer who purposely or knowingly fails to post a sign
as provided in this subsection is subject to a $50 fine for each citation."
Section 27. Section 40-1-107, MCA, is amended to read:
"40-1-107. Form of application, license, marriage certificate, and consent. (1) The director of the
department of public health and human services shall prescribe the form for an application for a marriage
license, which must include the following information:
(a) name, sex, as defined in 1-1-201 [section 1], address, [social security number,] and date and
place of birth of each party to the proposed marriage;
(b) if either party was previously married, the party's name and the date, place, and court in which
the marriage was dissolved or declared invalid or the date and place of death of the former spouse;
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(c) name and address of the parents or guardian of each party; and
(d) whether the parties are related to each other and, if so, their relationship.
(2) The director of the department of public health and human services shall prescribe the forms
for the marriage license, the marriage certificate, and the consent to marriage.
[(3) The license, certificate, or consent may not contain the social security number, and the
department shall keep the number from this source confidential, except that the department may use the
number in administering Title IV-D of the Social Security Act.]
(4) The information contained in the marriage license application is subject to the disclosure
restrictions provided in 50-15-122(5). (Bracketed language terminates on occurrence of contingency--sec. 1,
Ch. 27, L. 1999.)"
Section 28. Section 40-1-311, MCA, is amended to read:
"40-1-311. Declaration of marriage without solemnization. (1) Persons may consummate a
marriage by written declaration in this state without the solemnization provided for in 40-1-301. The declaration
must be filed by the clerk of the district court in the county where the contract was executed.
(2) A declaration of marriage must contain substantially the following:
(a) the names, ages, and residences of the parties;
(b) the fact of marriage;
(c) the name of father and maiden name of mother, as defined in [section 1], of both parties and
address of each;
(d) a statement that both parties are legally competent to enter into the marriage contract.
(3) The declaration must be subscribed by the parties and attested by at least two witnesses and
formally acknowledged before the clerk of the district court of the county.
(4) The fee for filing a declaration is $53 and must be paid to the clerk at time of filing."
Section 29. Section 40-1-401, MCA, is amended to read:
"40-1-401. Prohibited marriages -- contracts. (1) The following marriages are prohibited:
(a) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
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(b) a marriage between an ancestor and a descendant or between a brother and a sister, whether
the relationship is by the half or the whole blood, or between first cousins;
(c) a marriage between an uncle and a niece or between an aunt and a nephew, whether the
relationship is by the half or the whole blood;
(d) a marriage between persons of the same sex, as defined in 1-1-201 [section 1].
(2) Parties to a marriage prohibited under this section who cohabit after removal of the impediment
are lawfully married as of the date of the removal of the impediment.
(3) Children born of a prohibited marriage are legitimate.
(4) A contractual relationship entered into for the purpose of achieving a civil relationship that is
prohibited under subsection (1) is void as against public policy."
Section 30. Section 40-5-804, MCA, is amended to read:
"40-5-804. Definitions. For purposes of this part, the following definitions apply:
(1) "Child" means an individual, whether over or under 18 years of age, to whom or on whose
behalf a legal duty of support is owed by a parent. The term includes but is not limited to a child enrolled or
eligible for enrollment under a health benefit plan or individual insurance policy.
(2) "Child support guidelines" means guidelines adopted under the provisions of 40-5-209.
(3) "COBRA" means the federal Consolidated Omnibus Budget Reconciliation Act of 1985, under
which dependent children of employees may continue to receive, for a limited time under specific
circumstances, health plan coverage after termination of employment.
(4) "Department" means the department of public health and human services as provided for in 2-
15-2201.
(5) (a) "Health benefit plan" or "plan" means a group health benefit plan or combination of plans
that provides medical care or benefits for a child. The term includes but is not limited to a health maintenance
organization, self-funded group, state or local government group health plan, church group plan, medical or
health service corporation, or similar plan.
(b) The term does not include public health coverage if other medical insurance is available to one
or both of the parents at a reasonable cost and is accessible for the child.
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(6) "Individual insurance" means health or medical insurance coverage other than a group health
benefit plan or public assistance that is or may be provided individually for a child.
(7) "Medical care" means diagnosis, cure, mitigation, treatment, or prevention of disease, illness,
or injury, including well baby checkups, periodic examinations, and any other undertaking for the purpose of
affecting any structure or function of the body.
(8) "Medical support order" means a judgment, decree, or order, including approval of a settlement
agreement issued by a tribunal of competent jurisdiction, that provides for the medical care of a child and that
complies with the requirements of this part.
(9) "Obligated parent" means the parent who is required by a medical support order to provide for
the medical care of a child. The obligated parent is not necessarily the same as an obligor for child support.
(10) "Parent" means a father or mother, as defined in [section 1], and includes a child's guardian or
other adult caretaker having lawful charge of the child.
(11) "Payor" or "payor of income" means a person, firm, corporation, association, union, employer,
trustee, political subdivision, state agency, or any agent thereof who pays income to a parent on a periodic
basis, who has or provides individual insurance or a health benefit plan, and who is subject to the jurisdiction of
this state under Rule 4(b) of the Montana Rules of Civil Procedure or any employer under the Uniform Interstate
Family Support Act.
(12) "Plan administrator" means the person or entity, including but not limited to a state or local
government or church, that assesses and collects premiums, accepts and processes claims, and pays benefits.
(13) "Primary parent" means the parent with whom the child resides for the most 24-hour periods in
a plan year.
(14) "Qualified medical child support order" means an order that meets the requirements of 29
U.S.C. 1169.
(15) "Third-party custodian" means an agency or person other than a parent who:
(a) is authorized by legal process to have physical custody of a child;
(b) has actual physical custody of a child with the written consent of the parent or parents having
legal custody of the child; or
(c) has actual physical custody of a child because of the parents' neglect, failure, or inability to
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provide for the child's support, medical care, and other needs.
(16) "Tribunal" means a court of competent jurisdiction or the department."
Section 31. Section 40-5-907, MCA, is amended to read:
"40-5-907. Case registry -- abstracts -- information required -- mandatory updating. (1) There
must be registered in the case registry an abstract of:
(a) each case, including interstate cases, receiving IV-D services provided by the department;
(b) each support order entered and each modification of an existing support order made in this
state after October 1, 1998; and
(c) each subsequent order or action establishing, modifying, adjusting, granting relief from,
terminating, or otherwise affecting a support order in a registered case.
(2) Each abstract must include:
(a) the name, sex, as defined in 1-1-201 [section 1], [social security number, other] identification
numbers, if any, date of birth, driver's license number, telephone number, and residential and mailing
addresses of the parents;
(b) the child's name, date of birth, sex, as defined in 1-1-201 [section 1], [social security number, if
any,] and residential address if different from that of the child's custodian;
(c) the name and location of the obligee if the obligee is a person or agency other than the child's
parent;
(d) the name, address, and telephone number of the obligor's employer or of another payor of
income to the obligor; and
(e) (i) if the child is covered by a health or medical insurance plan and the information is available
in an electronic format, the name of the insurance carrier or health benefit plan, the policy identification number,
the name of the persons covered, and any other pertinent information regarding coverage; or
(ii) if the child is not covered, information as to the availability of coverage for the child through the
obligor's and obligee's employers.
(3) The abstract of a support order must include:
(a) the amount of the support payment and supplemental support payments, if any, for each child
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and the amount of spousal maintenance if ordered in the same case;
(b) the specific day or dates the payment is due;
(c) the inclusive dates of the support obligation;
(d) the terms of any condition that may affect the amount of the payment, the due date, or the
obligation to pay support;
(e) each subsequent judgment for support arrears and the amounts of any interest, late payment
penalties, and fees included in the judgment;
(f) any specific child support lien imposed against real or personal property of the obligor;
(g) the terms of any medical and health coverage provision for the child; and
(h) the name and county of the judicial district or the name and address of the agency where the
record of the case is located and the cause number or case identification number for the case.
(4) (a) For each IV-D case with a support order registered in the case registry, there must be a
record of the date and the amount of support payments made by the obligor, dates and amounts of support
collected from other sources, dates of distribution of support payments, names and locations of persons or
agencies to whom support payments and collections were distributed, and the balance of support owed by the
obligor.
(b) Except as provided in subsection (5), the department need not maintain payment records in a
non IV-D case.
(5) A copy of each non IV-D income-withholding order must be included in the case registry. For
each registered income-withholding order, there must be a record of payments received by the department from
the payor under the income-withholding order, the date and amount of each payment, the date the department
distributed the payment, and the person or agency to whom the payment was distributed.
(6) The statistical report required by the department under 50-15-302 may be combined with and
made a part of the abstract of support order form.
(7) (a) Each support order entered or modified in this state after October 1, 1998, must include a
requirement that the obligor and obligee update, as necessary, the information included in the abstract under
subsection (2).
(b) The order must also provide that in a subsequent child support enforcement action, upon
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sufficient showing that diligent effort has been made to ascertain the location of the obligor or obligee, the court
or agency taking the enforcement action may consider the due process requirements for notice and service of
process to be met with respect to the party upon delivery of written notice by regular mail to the most recent
address or employer address reported to the case registry.
(c) If the support order does not include the provisions required by subsections (7)(a) and (7)(b) or
if the support order was entered or last modified in this state before October 1, 1998, the department may give
written notice of the provisions to the obligor and obligee. Upon receipt of the notice, the provisions have the
same force and effect on the obligor and obligee as if included in the support order. (Bracketed language
terminates on occurrence of contingency--sec. 1, Ch. 27, L. 1999.)"
Section 32. Section 40-5-1031, MCA, is amended to read:
"40-5-1031. Pleadings and accompanying documents. (1) In a proceeding under this part, a
petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a
support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered
under 40-5-1032, the petition or accompanying documents must provide, so far as known, the name, residential
address, and social security numbers of the obligor and the obligee or the parent and alleged parent and the
name, sex, as defined in 1-1-201 [section 1], residential address, social security number, and date of birth of
each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time
of registration, the petition must be accompanied by a copy of any support order known to have been issued by
another tribunal. The petition may include any other information that may assist in locating or identifying the
respondent.
(2) The petition must specify the relief sought. The petition and accompanying documents must
conform substantially with the requirements imposed by the forms mandated by federal law for use in cases
filed by a support enforcement agency."
Section 33. Section 40-6-701, MCA, is amended to read:
"40-6-701. Interference with fundamental parental rights restricted -- cause of action. (1) A
government entity may not interfere with the fundamental right of parents to direct the upbringing, education,
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health care, and mental health of their children unless the government entity demonstrates that the
interference:
(a) furthers a compelling governmental interest; and
(b) is narrowly tailored and is the least restrictive means available for the furthering of the
compelling governmental interest.
(2) All fundamental parental rights are exclusively reserved to the parent of a child without
obstruction or interference by a government entity, including but not limited to the rights and responsibilities to
do the following:
(a) direct the education of the child, including the right to choose public, private, religious, or home
schools and the right to make reasonable choices with public schools for the education of the child;
(b) access and review all written and electronic education records relating to the child that are
controlled by or in the possession of a school;
(c) direct the upbringing of the child;
(d) direct the moral or religious training of the child;
(e) make and consent to all physical and mental health care decisions for the child;
(f) access and review all health and medical records of the child;
(g) consent before a biometric scan of the child is made, shared, or stored;
(h) consent before a record of the child's blood or DNA is created, stored, or shared, unless
authorized pursuant to a court order;
(i) consent before a government entity makes an audio or video recording of the child, unless the
audio or video recording is made during or as part of:
(i) a court proceeding;
(ii) a law enforcement investigation;
(iii) a forensic interview in a criminal or child abuse and neglect investigation;
(iv) the security or surveillance of buildings grounds, or transportation of students; or
(v) a photo identification card;
(j) be notified promptly if an employee of a government entity suspects that abuse, neglect, or a
criminal offense has been committed against the child unless the parent is suspected to have caused the
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abuse;
(k) opt the child out of any personal analysis, evaluation, survey, or data collection by a school
district that would capture data for inclusion in the statewide data system except data that is necessary and
essential for establishing a student's education record;
(l) have the child excused from school attendance for religious purposes;
(m) participate in parent-teacher associations and school organizations that are sanctioned by the
board of trustees of a school district; and
(n) be notified promptly if, and provide consent before, the child would share a room or sleeping
quarters with an individual of the opposite sex on a school-sponsored trip. A child whose parent does not
provide consent must be permitted to attend the trip and must be provided with reasonable accommodations
that do not require the child to share a room or sleeping quarters with an individual of the opposite sex. The
definition of sex as provided in [section 1] must be used to determine the meaning of opposite sex under this
subsection (2)(n).
(3) Except for law enforcement, an employee of a government entity may not encourage or coerce
a child to withhold information from the child's parent and may not withhold from a child's parent information
that is relevant to the physical, emotional, or mental health of a child.
(4) This section may not be construed as invalidating the provisions of Title 41, chapter 3, or
modifying the burden of proof at any stage of the proceedings under Title 41, chapter 3.
(5) When a parent's fundamental rights protected by 40-6-702, 40-6-707, 41-1-402, 41-1-403, 41-
1-405, and this section are violated, a parent may assert that violation as a claim or defense in an
administrative or judicial proceeding and may obtain appropriate relief without regard to whether the proceeding
is brought by or in the name of a government entity, a private person, or any other party. The prevailing party in
an action filed pursuant to 40-6-702, 40-6-707, 41-1-402, 41-1-403, 41-1-405, and this section is entitled to
reasonable attorney fees and costs.
(6) As used in this section, the following definitions apply:
(a) "Child" means an individual under 18 years of age.
(b) "Education record" means attendance records, test scores of school-administered tests and
statewide assessments, grades, school-sponsored or extracurricular activity or club participation, email
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accounts, online or virtual accounts or data, disciplinary records, counseling records, psychological records,
applications for admission, health and immunization information including any medical records maintained by a
health clinic or medical facility operated or controlled by the school district or located on the district property,
teacher and counselor evaluations, and reports of behavioral patterns.
(c) "Government entity" means the state, its political subdivisions, or any department, agency,
commission, board, authority, institution, or office of the state, including a municipality, county, consolidated
municipal-county government, school district, or other special district.
(d) "Parent" means a biological parent of a child, an adoptive parent of a child, or an individual who
has been granted the exclusive right and authority over the welfare of a child under state law.
(e) "Substantial burden" means an action that directly or indirectly constrains, inhibits, curtails, or
denies the right of a parent to direct the upbringing, education, health care, and mental health of the parent's
child. The term includes but is not limited to:
(i) withholding benefits;
(ii) assessing criminal, civil, or administrative penalties; or
(iii) exclusion from a government program."
Section 34. Section 40-6-703, MCA, is amended to read:
"40-6-703. Parental involvement in education. (1) The board of trustees of a school district, in
consultation with parents, teachers, and administrators, shall develop and adopt a policy to promote the
involvement of parents of children enrolled in the school district, including:
(a) a plan for parent participation in the school district, which must be designed to improve parent
and teacher cooperation in homework, attendance, and discipline;
(b) a plan to provide parents with information about how to participate in the governance of the
school district through the locally elected board of trustees;
(c) procedures by which a parent may learn about the course of study for the parent's child;
(d) procedures by which a parent may withdraw the parent's child from instruction or presentations,
assemblies, guest lectures, or other educational events facilitated by a school's faculty or staff, including those
conducted by outside individuals or organizations, that offend the parent's beliefs or practices;
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(e) procedures by which a parent may learn about the nature and purpose of clubs and
extracurricular activities that have been approved by the school or that the school is required to allow under the
provisions of the federal Equal Access Act of 1984 and may withdraw the parent's child from any club or
extracurricular activity. A student shall provide a signed parental permission form prior to participating in any
school-sponsored club or extracurricular activity.
(f) procedures by which a parent shall provide written consent before the parent's child uses a
pronoun that does not align with the child's sex, as defined in [section 1]. If a parent provides written consent
under this subsection (1)(f), a person may not be compelled to use pronouns that do not align with the child's
sex, as defined in [section 1].
(g) procedures by which a parent may learn about parental rights and responsibilities under the
laws of this state.
(2) The board of trustees of a school district may adopt a policy providing that parents may submit
and receive the information required by this section in electronic form."
Section 35. Section 41-3-210, MCA, is amended to read:
"41-3-210. County attorney duties -- certification -- retention of records -- reports to attorney
general and legislature -- attorney general report. (1) (a) The county attorney shall gather all case notes,
correspondence, evaluations, interviews, and other investigative materials pertaining to each report from the
department or investigation by law enforcement of sexual abuse or sexual exploitation of a child made within
the county when the alleged perpetrator of the sexual abuse or sexual exploitation is 12 years of age or older.
After a report is made or an investigation is commenced, the following individuals or entities shall provide to the
county attorney all case notes, correspondence, evaluations, interviews, and other investigative materials
related to the report or investigation:
(i) the department;
(ii) state and local law enforcement; and
(iii) all members of a county or regional interdisciplinary child information and school safety team
established under 52-2-211.
(b) The duty to provide records to the county attorney under subsection (1)(a) remains throughout
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the course of an investigation, an abuse and neglect proceeding conducted pursuant to this part, or the
prosecution of a case involving the sexual abuse of a child or sexual exploitation of a child.
(c) Upon receipt of a report from the department, as required in 41-3-202, that includes an
allegation of sexual abuse of a child or sexual exploitation of a child, the county attorney shall certify in writing
to the person who initially reported the information that the county attorney received the report. The certification
must include the date the report was received and the age and gender, as provided in [section 1], of the alleged
victim. If the report was anonymous, the county attorney shall provide the certification to the department. If the
report was made to the county attorney by a law enforcement officer, the county attorney is not required to
provide the certification.
(2) The county attorney shall retain records relating to the report or investigation, including the
certification, case notes, correspondence, evaluations, videotapes, and interviews, for 25 years.
(3) On or before January 1 and June 1 of each year, each county attorney shall report to the
attorney general. The report to the attorney general must include, for each report from the department or
investigation by law enforcement:
(a) a unique case identifier;
(b) the date that the initial report or allegation was received by the county attorney;
(c) the date any charges were filed;
(d) the date of any decision to decline to prosecute;
(e) if charges are filed against a defendant, whether a conviction was obtained and, if a conviction
was obtained, the sentence imposed by the court; and
(f) the number of certifications made as required by subsection (1)(c), including the number of
certifications made to the department.
(4) (a) The attorney general shall create a form for county attorneys to use when submitting reports
required by subsection (3). The form must allow collection of the information required by subsection (3) on an
aggregated, cumulative basis for a 5-year period until charges are filed or a decision is made to decline to
prosecute.
(b) The information provided by a county attorney on the forms is confidential criminal justice
information as defined in 44-5-103.
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(5) The attorney general shall report to the law and justice interim committee each year by August
15 and as provided in 5-11-210. The reports must provide:
(a) aggregated information regarding the status of the cases reported in subsection (3) by the
county attorneys, except for those cases pending review of the county attorney or uncharged cases still under
investigation, including data on the total number of cases reported;
(b) the number of cases declined for prosecution;
(c) the number of cases charged;
(d) any action in the past fiscal year that the attorney general took under the authority of 2-15-501
based on the reports submitted as required in subsection (3). A report made pursuant to this subsection (5)(d)
may not include the name of the county.
(e) after consideration of the information provided by the department pursuant to 41-3-211, any
county attorney who failed to provide a complete report required by subsection (3)."
Section 36. Section 41-5-103, MCA, is amended to read:
"41-5-103. Definitions. As used in the Montana Youth Court Act, unless the context requires
otherwise, the following definitions apply:
(1) "Adult" means an individual who is 18 years of age or older.
(2) "Agency" means any entity of state or local government authorized by law to be responsible for
the care or rehabilitation of youth.
(3) "Assessment officer" means a person who is authorized by the court to provide initial intake
and evaluation for a youth who appears to be in need of intervention or an alleged delinquent youth.
(4) "Commit" means to transfer legal custody of a youth to the department or to the youth court.
(5) "Conditional release" means the release of a youth from a correctional facility subject to the
terms and conditions of the conditional release agreement provided for in 52-5-126.
(6) (a) "Correctional facility" means a public secure residential facility or a private secure
residential facility under contract with the department and operated to provide for the custody, treatment,
training, and rehabilitation of:
(i) formally adjudicated delinquent youth;
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(ii) convicted adult offenders or criminally convicted youth; or
(iii) a combination of the populations described in subsections (6)(a)(i) and (6)(a)(ii) under
conditions set by the department in rule.
(b) The term does not include a state prison as defined in 53-30-101.
(7) "Cost containment pool" means an account from which funds are allocated by the office of
court administrator under 41-5-132 to a judicial district that exceeds its annual allocation for juvenile out-of-
home placements, programs, and services or to the department for costs incurred under 41-5-1504.
(8) "Cost containment review panel" means the panel established in 41-5-131.
(9) "Court", when used without further qualification, means the youth court of the district court.
(10) "Criminally convicted youth" means a youth who has been convicted in a district court pursuant
to 41-5-206.
(11) (a) "Custodian" means a person, other than a parent or guardian, to whom legal custody of the
youth has been given.
(b) The term does not include a person who has only physical custody.
(12) "Delinquent youth" means a youth who is adjudicated under formal proceedings under the
Montana Youth Court Act as a youth:
(a) who has committed an offense that, if committed by an adult, would constitute a criminal
offense;
(b) who has been placed on probation as a delinquent youth and who has violated any condition of
probation; or
(c) who has violated the terms and conditions of the youth's conditional release agreement.
(13) "Department" means the department of corrections provided for in 2-15-2301.
(14) (a) "Department records" means information or data, either in written or electronic form,
maintained by the department pertaining to youth who are committed under 41-5-1513(1)(b).
(b) The term does not include information provided by the department to the department of public
health and human services' management information system or information maintained by the youth court
through the office of court administrator.
(15) "Detention" means the holding or temporary placement of a youth in the youth's home under
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home arrest or in a facility other than the youth's own home for:
(a) the purpose of ensuring the continued custody of the youth at any time after the youth is taken
into custody and before final disposition of the youth's case;
(b) contempt of court or violation of a valid court order; or
(c) violation of the terms and conditions of the youth's conditional release agreement.
(16) "Detention facility" means a physically restricting facility designed to prevent a youth from
departing at will. The term includes a youth detention facility, short-term detention center, and regional
detention facility.
(17) "Emergency placement" means placement of a youth in a youth care facility for less than 45
days to protect the youth when there is no alternative placement available.
(18) "Family" means the parents, guardians, legal custodians, and siblings or other youth with whom
a youth ordinarily lives.
(19) "Final disposition" means the implementation of a court order for the disposition or placement
of a youth as provided in 41-5-1422, 41-5-1503, 41-5-1504, 41-5-1512, 41-5-1513, and 41-5-1522 through 41-
5-1524.
(20) (a) "Formal youth court records" means information or data, either in written or electronic form,
on file with the clerk of district court pertaining to a youth under the jurisdiction of the youth court and includes
petitions, motions, other filed pleadings, court findings, verdicts, orders and decrees, and predispositional
studies.
(b) The term does not include information provided by the youth court to the department of public
health and human services' management information system.
(21) "Foster home" means a private residence licensed by the department of public health and
human services for placement of a youth.
(22) "Guardian" means an adult:
(a) who is responsible for a youth and has the reciprocal rights, duties, and responsibilities with the
youth; and
(b) whose status is created and defined by law.
(23) "Habitual truancy" means recorded unexcused absences of 9 or more days or 54 or more parts
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of a day, whichever is less, in 1 school year.
(24) (a) "Holdover" means a room, office, building, or other place approved by the board of crime
control for the temporary detention and supervision of youth in a physically unrestricting setting for a period not
to exceed 24 hours while the youth is awaiting a probable cause hearing, release, or transfer to an appropriate
detention or shelter care facility.
(b) The term does not include a jail.
(25) (a) "Informal youth court records" means information or data, either in written or electronic form,
maintained by youth court probation offices pertaining to a youth under the jurisdiction of the youth court and
includes reports of preliminary inquiries, youth assessment materials, medical records, school records, and
supervision records of probationers.
(b) The term does not include information provided by the youth court to the department of public
health and human services' management information system.
(26) (a) "Jail" means a facility used for the confinement of adults accused or convicted of criminal
offenses. The term includes a lockup or other facility used primarily for the temporary confinement of adults
after arrest.
(b) The term does not include a collocated juvenile detention facility that complies with 28 CFR,
part 31.
(27) "Judge", when used without further qualification, means the judge of the youth court.
(28) "Juvenile home arrest officer" means a court-appointed officer administering or supervising
juveniles in a program for home arrest, as provided for in Title 46, chapter 18, part 10.
(29) "Law enforcement records" means information or data, either in written or electronic form,
maintained by a law enforcement agency, as defined in 7-32-201, pertaining to a youth covered by this chapter.
(30) (a) "Legal custody" means the legal status created by order of a court of competent jurisdiction
that gives a person the right and duty to:
(i) have physical custody of the youth;
(ii) determine with whom the youth shall live and for what period;
(iii) protect, train, and discipline the youth; and
(iv) provide the youth with food, shelter, education, and ordinary medical care.
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(b) An individual granted legal custody of a youth shall personally exercise the individual's rights
and duties as guardian unless otherwise authorized by the court entering the order.
(31) "Necessary parties" includes the youth and the youth's parents, guardian, custodian, or
spouse.
(32) (a) "Out-of-home placement" means placement of a youth in a program, facility, or home, other
than a custodial parent's home, for purposes other than preadjudicatory detention.
(b) The term does not include shelter care or emergency placement of less than 45 days.
(33) (a) "Parent" means the natural or adoptive parent.
(b) The term does not include:
(i) a person whose parental rights have been judicially terminated; or
(ii) the putative father of an illegitimate youth unless the putative father's paternity is established by
an adjudication or by other clear and convincing proof.
(34) "Probable cause hearing" means the hearing provided for in 41-5-332.
(35) "Regional detention facility" means a youth detention facility established and maintained by two
or more counties, as authorized in 41-5-1804.
(36) "Restitution" means payments in cash to the victim or with services to the victim or the general
community when these payments are made pursuant to a consent adjustment, consent decree, or other youth
court order.
(37) "Running away from home" means that a youth has been reported to have run away from
home without the consent of a parent or guardian or a custodian having legal custody of the youth.
(38) "Secure detention facility" means a public or private facility that:
(a) is used for the temporary placement of youth or individuals accused or convicted of criminal
offenses or as a sanction for contempt of court, violation of the terms and conditions of the youth's conditional
release agreement, or violation of a valid court order; and
(b) is designed to physically restrict the movements and activities of youth or other individuals held
in lawful custody of the facility.
(39) "Serious juvenile offender" means a youth who has committed an offense that would be
considered a felony offense if committed by an adult and that is an offense against a person, an offense against
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property, or an offense involving dangerous drugs.
(40) "Shelter care" means the temporary substitute care of youth in physically unrestricting facilities.
(41) "Shelter care facility" means a facility used for the shelter care of youth. The term is limited to
the facilities enumerated in 41-5-347.
(42) "Short-term detention center" means a detention facility licensed by the department for the
temporary placement or care of youth, for a period not to exceed 10 days excluding weekends and legal
holidays, pending a probable cause hearing, release, or transfer of the youth to an appropriate detention facility,
youth assessment center, or shelter care facility.
(43) "Substitute care" means full-time care of youth in a residential setting for the purpose of
providing food, shelter, security and safety, guidance, direction, and, if necessary, treatment to youth who are
removed from or are without the care and supervision of their parents or guardians.
(44) "Victim" means:
(a) a natural person who suffers property, physical, or emotional injury as a result of an offense
committed by a youth that would be a criminal offense if committed by an adult;
(b) an adult relative of the victim, as defined in subsection (44)(a), if the victim is a minor; and
(c) an adult relative of a homicide victim.
(45) "Youth" means an individual who is less than 18 years of age without regard to sex, as defined
in 1-1-201 [section 1], or emancipation.
(46) "Youth assessment" means a multidisciplinary assessment of a youth as provided in 41-5-
1203.
(47) "Youth assessment center" means a staff-secured location that is licensed by the department
of public health and human services to hold a youth for up to 10 days for the purpose of providing an immediate
and comprehensive community-based youth assessment to assist the youth and the youth's family in
addressing the youth's behavior.
(48) "Youth care facility" has the meaning provided in 52-2-602.
(49) "Youth court" means the court established pursuant to this chapter to hear all proceedings in
which a youth is alleged to be a delinquent youth, a youth in need of intervention, or a youth alleged to have
violated the terms and conditions of the youth's conditional release agreement and includes the youth court
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judge, juvenile probation officers, and assessment officers.
(50) "Youth detention facility" means a secure detention facility licensed by the department for the
temporary substitute care of youth that is:
(a) (i) operated, administered, and staffed separately and independently of a jail; or
(ii) a collocated secure detention facility that complies with 28 CFR, part 31; and
(b) used exclusively for the lawful detention of alleged or adjudicated delinquent youth or as a
sanction for contempt of court, violation of the terms and conditions of the youth's conditional release
agreement, or violation of a valid court order.
(51) "Youth in need of intervention" means a youth who is adjudicated as a youth and who:
(a) commits an offense prohibited by law that if committed by an adult would not constitute a
criminal offense, including but not limited to a youth who:
(i) violates any Montana municipal or state law regarding alcoholic beverages; or
(ii) continues to exhibit behavior, including running away from home or habitual truancy, beyond
the control of the youth's parents, foster parents, physical custodian, or guardian despite the attempt of the
youth's parents, foster parents, physical custodian, or guardian to exert all reasonable efforts to mediate,
resolve, or control the youth's behavior; or
(b) has committed any of the acts of a delinquent youth but whom the youth court, in its discretion,
chooses to regard as a youth in need of intervention."
Section 37. Section 42-2-204, MCA, is amended to read:
"42-2-204. Presumed knowledge of pregnancy -- duty to register to be afforded notice --
putative and presumed fathers. (1) A person who engages in sexual relations with a member of the opposite
sex, as defined in 1-1-201 [section 1], is presumed to know that a pregnancy could result.
(2) In addition to any other notice to which the putative father is entitled, a putative father is entitled
to notice of termination of parental rights proceedings for the purposes of adoption if the putative father has
complied with the requirements of the putative father registry.
(3) An individual who is not married to the mother but who is presumed to be a father under 40-6-
105 and registers in accordance with this part is entitled to receive notice of a termination of parental rights
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proceeding."
Section 38. Section 44-2-411, MCA, is amended to read:
"44-2-411. (Temporary) Missing indigenous persons task force -- membership -- duties --
reporting. (1) There is a missing indigenous persons task force. The task force is allocated to the department
of justice for staffing services and administrative purposes only.
(2) Task force members, including the presiding officer, must be appointed by the attorney general
or a designee of the attorney general. The task force membership must include but is not limited to:
(a) an employee of the department of justice who has expertise in the subject of missing persons;
(b) a representative from each federally recognized Indian tribe in Montana;
(c) a member from the Montana highway patrol;
(d) a representative from the attorney general's office; and
(e) a representative from the office of public instruction.
(3) While respecting the government-to-government relationship between the state and each tribe,
the primary duties of the task force are to:
(a) identify jurisdictional barriers between federal, state, local, and tribal law enforcement and
community agencies;
(b) work to identify causes that contribute to missing and murdered indigenous persons and make
recommendations to federally recognized tribes in the state to reduce cases of missing and murdered
indigenous persons;
(c) work to identify strategies to improve interagency communication, cooperation, and
collaboration to remove jurisdictional barriers and increase reporting and investigation of missing indigenous
persons; and
(d) administer the looping in native communities network grant program provided for in 44-2-412.
(4) A vacancy on the task force must be filled in the manner of the original appointment.
(5) By July 1 prior to each regular legislative session, the task force shall, in accordance with 5-11-
210, prepare a written report of findings and recommendations for submission to the state-tribal relations
committee provided for in 5-5-229. The report must include the following information:
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(a) the number of unique individuals reported to the missing and murdered indigenous persons
database;
(b) the number of unique individuals recovered as a result of the missing and murdered indigenous
persons database;
(c) the number of unique individuals recovered as a result of the looping in native communities
network grant program;
(d) the number of unique individuals searched for and recovered as a result of missing persons
response teams;
(e) the number of missing persons entries into the missing and murdered indigenous persons
database by year;
(f) an analysis by year of the characteristics of missing indigenous persons, including but not
limited to age, gender, as provided in [section 1], child protective services involvement status, foster case
status, duration of time missing, and estimated related cause;
(g) the number of actively missing indigenous persons by year;
(h) a description and the results of any noncompetitive grant awardee activities;
(i) a description of the activities and progress related to improving interagency communication,
cooperation, and collaboration and removing interjurisdictional barriers; and
(j) any other information the task force members find relevant to the task force's mission.
(6) In addition to the recommendations to federally recognized tribes in the state required under
subsection (3)(b), the task force may make recommendations to federal, state, and local agencies in carrying
out the task force's duties. (Terminates June 30, 2033--sec. 2, Ch. 624, L. 2023, sec. 3, Ch. 624, L. 2023, sec.
4, Ch. 624, L. 2023.)"
Section 39. Section 44-2-412, MCA, is amended to read:
"44-2-412. (Temporary) Looping in native communities network grant program. (1) There is a
looping in native communities network grant program. The program is established to create a network in
support of efforts by Montana tribes to identify, report, and find Native American persons who are missing. The
grant program is administered by the missing indigenous persons task force established in 44-2-411.
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(2) The grant program includes a competitive grant to be awarded to a tribal entity to create and
administer a central administration point for the looping in native communities network. The missing indigenous
persons task force shall develop the application and the criteria to award the grant to a tribal entity. The criteria
must include:
(a) policies and standards for technology and equipment, including data storage and security of
information entered into the network;
(b) standards for data verification;
(c) job qualifications and requirements for a data specialist to administer the network;
(d) development of a system to provide automatic initial alerts to law enforcement agencies and
tribal and community organizations when a missing indigenous person report is made, including determining
which law enforcement agencies will receive the automatic initial alert;
(e) development of a standard reporting form that includes space to provide the information
specified in subsection (4) to be used by the data specialist; and
(f) administrative rights for a designee at each participating tribal agency.
(3) The grant program may include additional smaller, noncompetitive grants to be awarded to a
qualifying tribal agency at each reservation that submits a complete application. The purpose of the grants
awarded under this subsection is to provide matching funds for some or all of the costs required for the tribal
agency to set up and maintain access to the looping in native communities network.
(4) The standard reporting form required under subsection (2)(e) must allow a data specialist to
enter information about the missing indigenous person, including but not limited to the missing person's:
(a) name and any aliases or nicknames;
(b) gender, as provided in [section 1], age, height, weight, and other physical descriptive
characteristics;
(c) last known location and related information, including the date of last contact with the missing
indigenous person and the person with whom the missing indigenous person last made contact; and
(d) photographs, including photographs obtained from an online or social media profile.
(Terminates June 30, 2033--sec. 2, Ch. 624, L. 2023, sec. 3, Ch. 624, L. 2023.)"
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Section 40. Section 45-5-625, MCA, is amended to read:
"45-5-625. Sexual abuse of children. (1) A person commits the offense of sexual abuse of children if
the person:
(a) knowingly employs, uses, or permits the employment or use of a child in an exhibition of sexual
conduct, actual or simulated;
(b) knowingly photographs, films, videotapes, develops or duplicates the photographs, films, or
videotapes, or records a child engaging in sexual conduct, actual or simulated;
(c) knowingly, by any means of communication, including electronic communication or in person,
persuades, entices, counsels, coerces, encourages, directs, or procures a child under 16 years of age or a
person the offender believes to be a child under 16 years of age to engage in sexual conduct, actual or
simulated, or to view sexually explicit material or acts for the purpose of inducing or persuading a child to
participate in any sexual activity that is illegal;
(d) knowingly processes, develops, prints, publishes, transports, distributes, sells, exhibits, or
advertises any visual or print medium, including a medium by use of electronic communication in which a child
is engaged in sexual conduct, actual or simulated;
(e) knowingly possesses any visual or print medium, including a medium by use of electronic
communication in which a child is engaged in sexual conduct, actual or simulated;
(f) finances any of the activities described in subsections (1)(a) through (1)(d) and (1)(g), knowing
that the activity is of the nature described in those subsections;
(g) possesses with intent to sell any visual or print medium, including a medium by use of
electronic communication in which a child is engaged in sexual conduct, actual or simulated;
(h) knowingly travels within, from, or to this state with the intention of meeting a child under 16
years of age or a person the offender believes to be a child under 16 years of age in order to engage in sexual
conduct, actual or simulated; or
(i) knowingly coerces, entices, persuades, arranges for, or facilitates a child under 16 years of age
or a person the offender believes to be a child under 16 years of age to travel within, from, or to this state with
the intention of engaging in sexual conduct, actual or simulated.
(2) (a) Except as provided in subsection (2)(b), (2)(c), or (4), a person convicted of the offense of
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sexual abuse of children shall be punished by life imprisonment or by imprisonment in the state prison for a
term not to exceed 100 years and may be fined not more than $10,000.
(b) Except as provided in 46-18-219, if the victim is under 16 years of age, a person convicted of
the offense of sexual abuse of children shall be punished by life imprisonment or by imprisonment in the state
prison for a term of not less than 4 years or more than 100 years and may be fined not more than $10,000.
(c) Except as provided in 46-18-219, a person convicted of the offense of sexual abuse of children
for the possession of material, as provided in subsection (1)(e), shall be fined not to exceed $10,000 or be
imprisoned in the state prison for a term not to exceed 10 years, or both.
(3) An offense is not committed under subsections (1)(d) through (1)(g) if the visual or print
medium is processed, developed, printed, published, transported, distributed, sold, possessed, or possessed
with intent to sell, or if the activity is financed, as part of a sexual offender information or treatment course or
program conducted or approved by the department of corrections.
(4) (a) If the victim was 12 years of age or younger and the offender was 18 years of age or older
at the time of the offense, the offender:
(i) shall be punished by imprisonment in a state prison for a term of 100 years. The court may not
suspend execution or defer imposition of the first 25 years of a sentence of imprisonment imposed under this
subsection (4)(a)(i) except as provided in 46-18-222(1) through (5), and during the first 25 years of
imprisonment, the offender is not eligible for parole. The exception provided in 46-18-222(6) does not apply.
(ii) may be fined an amount not to exceed $50,000; and
(iii) shall be ordered to enroll in and successfully complete the educational phase and the cognitive
and behavioral phase of a sexual offender treatment program provided or approved by the department of
corrections.
(b) If the offender is released after the mandatory minimum period of imprisonment, the offender is
subject to supervision by the department of corrections for the remainder of the offender's life and shall
participate in the program for continuous, satellite-based monitoring provided for in 46-23-1010.
(5) As used in this section, the following definitions apply:
(a) "Electronic communication" means a sign, signal, writing, image, sound, data, or intelligence of
any nature transmitted or created in whole or in part by a wire, radio, electromagnetic, photoelectronic, or
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photo-optical system.
(b) "Sexual conduct" means:
(i) actual or simulated:
(A) sexual intercourse, whether between persons of the same or opposite sex, as defined in 1-1-
201 [section 1];
(B) penetration of the vagina or rectum by any object, except when done as part of a recognized
medical procedure;
(C) bestiality;
(D) masturbation;
(E) sadomasochistic abuse;
(F) lewd exhibition of the genitals, breasts, pubic or rectal area, or other intimate parts of any
person; or
(G) defecation or urination for the purpose of the sexual stimulation of the viewer; or
(ii) depiction of a child in the nude or in a state of partial undress with the purpose to abuse,
humiliate, harass, or degrade the child or to arouse or gratify the person's own sexual response or desire or the
sexual response or desire of any person.
(c) "Simulated" means any depicting of the genitals or pubic or rectal area that gives the
appearance of sexual conduct or incipient sexual conduct.
(d) "Visual medium" means:
(i) any film, photograph, videotape, negative, slide, or photographic reproduction that contains or
incorporates in any manner any film, photograph, videotape, negative, or slide; or
(ii) any disk, diskette, or other physical media that allows an image to be displayed on a computer
or other video screen and any image transmitted to a computer or other video screen by telephone line, cable,
satellite transmission, or other method."
Section 41. Section 46-18-101, MCA, is amended to read:
"46-18-101. Correctional and sentencing policy. (1) It is the purpose of this section to establish the
correctional and sentencing policy of the state of Montana. Laws for the punishment of crime are drawn to
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implement the policy established by this section.
(2) The correctional and sentencing policy of the state of Montana is to:
(a) punish each offender commensurate with the nature and degree of harm caused by the offense
and to hold an offender accountable;
(b) protect the public, reduce crime, and increase the public sense of safety by incarcerating
violent offenders and serious repeat offenders;
(c) provide restitution, reparation, and restoration to the victim of the offense; and
(d) encourage and provide opportunities for the offender's self-improvement to provide
rehabilitation and reintegration of offenders back into the community.
(3) To achieve the policy outlined in subsection (2), the state of Montana adopts the following
principles:
(a) Sentencing and punishment must be certain, timely, consistent, and understandable.
(b) Sentences should be commensurate with the punishment imposed on other persons
committing the same offenses.
(c) Sentencing practices must be neutral with respect to the offender's race, gender, as provided in
[section 1], religion, national origin, or social or economic status.
(d) Sentencing practices must permit judicial discretion to consider aggravating and mitigating
circumstances.
(e) Sentencing practices must include punishing violent and serious repeat felony offenders with
incarceration.
(f) Sentencing practices must provide alternatives to imprisonment for the punishment of those
nonviolent felony offenders who do not have serious criminal records.
(g) Sentencing and correctional practices must emphasize that the offender is responsible for
obeying the law and must hold the offender accountable for the offender's actions.
(h) Sentencing practices must emphasize restitution to the victim by the offender. A sentence must
require an offender who is financially able to do so to pay restitution, costs as provided in 46-18-232, costs of
assigned counsel, as provided in 46-8-113, and, if the offender is a sex offender, costs of any chemical
treatment.
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(i) Sentencing practices should promote and support practices, policies, and programs that focus
on restorative justice principles."
Section 42. Section 46-19-301, MCA, is amended to read:
"46-19-301. Western Interstate Corrections Compact -- contents. The Western Interstate
Corrections Compact as contained herein is hereby enacted into law and entered into on behalf of this state
with any and all other states legally joining therein in a form substantially as follows:
WESTERN INTERSTATE CORRECTIONS COMPACT
ARTICLE I
PURPOSE AND POLICY
The party states, desiring by common action to improve their institutional facilities and provide
programs of sufficiently high quality for the confinement, treatment, and rehabilitation of various types of
offenders, declare that it is the policy of each of the party states to provide such facilities and programs on the
basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The
purpose of this compact is to provide for the development and execution of such programs of cooperation for
the confinement, treatment, and rehabilitation of offenders.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(1) "state" means a state of the United States or, subject to the limitation contained in Article VII,
Guam;
(2) "sending state" means a state party to this compact in which conviction was had;
(3) "receiving state" means a state party to this compact to which an inmate is sent for confinement
other than a state in which conviction was had;
(4) "inmate" means a male or female, as defined in 1-1-201 [section 1], offender who is under
sentence to or confined in a prison or other correctional institution;
(5) "institution" means any prison, reformatory, or other correctional facility (including but not
limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined.
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ARTICLE III
CONTRACTS
(1) Each party state may make one or more contracts with any one or more of the other party
states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states.
Any such contract shall provide for:
(a) its duration;
(b) payments to be made to the receiving state by the sending state for inmate maintenance,
extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or
correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance;
(c) participation in programs of inmate employment, if any; the disposition or crediting of any
payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any
products resulting therefrom;
(d) delivery and retaking of inmates;
(e) such other matters as may be necessary and appropriate to fix the obligations, responsibilities,
and rights of the sending and receiving states.
(2) Prior to the construction or completion of construction of any institution or addition thereto by a
party state, any other party state or states may contract therewith for the enlargement of the planned capacity
of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the
reservation of a specific percent of the capacity of the institution to be kept available for use by inmates of the
sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are
legally available therefor, pay to the receiving state a reasonable sum as consideration for such enlargement of
capacity or provision of equipment or structures and reservation of capacity. Such payment may be in a lump
sum or in installments as provided in the contract.
(3) The terms and provisions of this compact shall be a part of any contract entered into by the
authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
(1) Whenever the duly constituted judicial or administrative authorities in a state party to this
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compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in or
transfer of an inmate to an institution within the territory of another party state is necessary in order to provide
adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or
treatment, said officials may direct that the confinement be within an institution within the territory of said other
party state, the receiving state to act in that regard solely as agent for the sending state.
(2) The appropriate officials of any state party to this compact shall have access at all reasonable
times to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the
facilities thereof and visiting such of its inmates as may be confined in the institution.
(3) Inmates confined in an institution pursuant to the terms of this compact shall at all times be
subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a
prison or other institution within the sending state, for transfer to another institution in which the sending state
may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for
any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to
be obligated to such payments as may be required pursuant to the terms of any contract entered into under the
terms of Article III.
(4) Each receiving state shall provide regular reports to each sending state on the inmates of that
sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said
record to the official designated by the sending state in order that each inmate may have the benefit of the
inmate's record in determining and altering the disposition of said inmate in accordance with the law which may
obtain in the sending state and in order that the same may be a source of information for the sending state.
(5) All inmates who may be confined in an institution pursuant to the provisions of this compact
shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such
similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a
receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if
confined in an appropriate institution of the sending state.
(6) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled
by the laws of the sending state may be had before the appropriate authorities of the sending state or of the
receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such
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hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or
hearings are had before officials of the receiving state, the governing law shall be that of the sending state and
a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with
any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before
whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings
had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of
the sending state and no final determination shall be made in any matter except by the appropriate officials of
the sending state. Costs of records made pursuant to this subsection shall be borne by the sending state.
(7) Any inmate confined pursuant to this compact shall be released within the territory of the
sending state unless the inmate and the sending and receiving states shall agree upon release in some other
place. The sending state shall bear the cost of such return to its territory.
(8) Any inmate confined pursuant to the terms of this compact shall have any and all rights to
participate in and derive any benefits, incur or be relieved of any obligations, or have such obligations modified
or the inmate's status changed on account of any action or proceeding in which the inmate could have
participated if confined in any appropriate institution of the sending state located within such state.
(9) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending
state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in
the person's exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V
ACTS NOT REVIEWABLE IN RECEIVING STATE -- EXTRADITION
(1) Any decision of the sending state in respect of any matter over which it retains jurisdiction
pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the
time the sending state seeks to remove an inmate from an institution in the receiving state there is pending
against the inmate within such state any criminal charge or if the inmate is suspected of having committed
within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state
until discharged from prosecution or other form of proceeding, imprisonment, or detention for such offense. The
duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact
through any and all states party to this compact without interference.
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(2) An inmate who escapes from an institution in which the inmate is confined pursuant to this
compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated.
In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for
institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be
construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the
apprehension and return of an escapee.
ARTICLE VI
FEDERAL AID
Any state party to this compact may accept federal aid for use in connection with any institution or
program, the use of which is or may be affected by this compact or any contract pursuant hereto, and any
inmate in a receiving state pursuant to this compact may participate in any such federally aided program or
activity for which the sending and receiving states have made contractual provision, provided that, if such
program or activity is not part of the customary correctional regimen, the express consent of the appropriate
official of the sending state shall be required therefor.
ARTICLE VII
ENTRY INTO FORCE
This compact shall enter into force and become effective and binding upon the states so acting when it
has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California,
Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of
the states of California, Oregon, and Washington; and to Guam. Thereafter, this compact shall enter into force
and become effective and binding as to any other of said states or any other state contiguous to at least one
party state upon similar action by such state. Guam may become party to this compact by taking action similar
to that provided for joinder by any other eligible party state and upon the consent of congress to such joinder.
For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon, and
Washington.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
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This compact shall continue in force and remain binding upon a party state until it shall have enacted a
statute repealing the same and providing for the sending of formal written notice of withdrawal from the
compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 2
years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the
withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the
effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates
as it may have confined pursuant to the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other
arrangement which a party state may have with a nonparty state for the confinement, rehabilitation, or
treatment of inmates or to repeal any other laws of a party state authorizing the making of cooperative
institutional arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and shall be severable. If any phrase,
clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating
state or of the United States or the applicability thereof to any government, agency, person, or circumstance is
held invalid, the validity of the remainder of this compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state participating therein, the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state affected as to all severable matters."
Section 43. Section 46-19-401, MCA, is amended to read:
"46-19-401. Compact adopted -- text. The Interstate Corrections Compact is entered into by this
state with any and all other states legally joining therein in the form substantially as follows:
INTERSTATE CORRECTIONS COMPACT
ARTICLE I
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PURPOSE AND POLICY
The party states, desiring by common action to fully utilize and improve their institutional facilities and
provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such facilities and programs on a basis of
cooperation with one another, thereby serving the best interests of such offenders and of society and effecting
economies in capital expenditures and operational costs. The purpose of this compact is to provide for the
mutual development and execution of such programs of cooperation for the confinement, treatment and
rehabilitation of offenders with the most economical use of human and material resources.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context requires otherwise:
(a) "State" means a state of the United States; the United States of America; a territory or
possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" means a state party to this compact in which conviction or court commitment
was had.
(c) "Receiving state" means a state party to this compact to which an inmate is sent for
confinement other than a state in which conviction or court commitment was had.
(d) "Inmate" means a male or female, as defined in 1-1-201 [section 1], offender who is committed
under sentence to or confined in a penal or correctional institution.
(e) "Institution" means any penal or correctional facility, including but not limited to a facility for the
mentally ill or mentally defective, in which inmates may lawfully be confined.
ARTICLE III
CONTRACTS
(a) Each party state may make one or more contracts with any one or more of the other party
states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states.
Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for inmate maintenance,
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extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or
correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments
received by inmates on account thereof; and the crediting of proceeds from or disposal of any products
resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and
rights of the sending and receiving states.
(b) The terms and provisions of this compact shall be a part of any contract entered into by the
authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
ARTICLE IV
PROCEDURES AND RIGHTS
(a) Whenever the duly constituted authorities in a state party to this compact, and which has
entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an
institution within the territory of another party state is necessary or desirable in order to provide adequate
quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the
confinement be within an institution within the territory of said other party state, the receiving state to act in that
regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable
times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the
facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be
subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a
prison or other institution within the sending state. For transfer to another institution in which the sending state
may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for
any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to
be obligated to such payments as may be required pursuant to the terms of any contract entered into under the
terms of Article III.
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(d) Each receiving state shall provide regular reports to each sending state on the inmates of that
sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said
record to the official designated by the sending state, in order that each inmate may have official review of the
inmate's record in determining and altering the disposition of said inmate in accordance with the law which may
obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this compact
shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of
the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall
not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an
appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled
by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the
receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such
hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or
hearings are had before officials of the receiving state, the governing law shall be that of the sending state and
a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with
any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before
whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings
had pursuant to the provisions of this subsection, the officials of the receiving state shall act solely as agents of
the sending state and no final determination shall be made in any matter except by the appropriate officials of
the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the
sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other
place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to
participate in and derive any benefits or incur or be relieved of any obligations or have such obligations
modified or the inmate's status changed on account of any action or proceeding in which the inmate could have
participated if confined in any appropriate institution of the sending state located within such state.
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(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending
state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in
the inmate's exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V
ACTS NOT REVIEWABLE IN RECEIVING STATE -- EXTRADITION
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction
pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the
time the sending state seeks to remove an inmate from an institution in the receiving state there is pending
against the inmate within such state any criminal charge or if the inmate is formally accused of having
committed within such state a criminal offense, the inmate shall not be returned without the consent of the
receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for
such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant
to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which the inmate is confined pursuant to this
compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated.
In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for
institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein
shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward
the apprehension and return of an escapee.
ARTICLE VI
FEDERAL AID
Any state party to this compact may accept federal aid for use in connection with any institution or
program, the use of which is or may be affected by this compact or any contract pursuant hereto and any
inmate in a receiving state pursuant to this compact may participate in any such federally aided program or
activity for which the sending and receiving states have made contractual provision, provided that if such
program or activity is not part of the customary correctional regimen, the express consent of the appropriate
official of the sending state shall be required therefor.
ARTICLE VII
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ENTRY INTO FORCE
This compact shall enter into force and become effective and binding upon the states so acting when it
has been enacted into law by any two states. Thereafter, this compact shall enter into force and become
effective and binding as to any other of said states upon similar action by such state.
ARTICLE VIII
WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a party state until it shall have enacted a
statute repealing the same and providing for the sending of formal written notice of withdrawal from the
compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one
year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing
state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date
of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have
confined pursuant to the provisions of this compact.
ARTICLE IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other
arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment
of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional
arrangements.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and shall be severable. If any phrase,
clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating
state or of the United States or the applicability thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state participating therein, the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state affected as to all severable matters."
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Section 44. Section 49-1-102, MCA, is amended to read:
"49-1-102. Freedom from discrimination. (1) The right to be free from discrimination because of
race, creed, religion, color, sex, as defined in 1-1-201 [section 1], physical or mental disability, age, or national
origin is recognized as and declared to be a civil right. This right must include but not be limited to:
(a) the right to obtain and hold employment without discrimination; and
(b) the right to the full enjoyment of any of the accommodation facilities or privileges of any place
of public resort, accommodation, assemblage, or amusement.
(2) This section does not prevent the nonarbitrary consideration in adoption proceedings of
relevant information concerning the factors listed in subsection (1). Consideration of religious factors by a
licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of
religion within the meaning of this section."
Section 45. Section 49-2-101, MCA, is amended to read:
"49-2-101. Definitions. As used in this chapter, unless the context requires otherwise, the following
definitions apply:
(1) "Age" means number of years since birth. It does not mean level of maturity or ability to handle
responsibility. These latter criteria may represent legitimate considerations as reasonable grounds for
discrimination without reference to age.
(2) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest,
as distinguished from a general interest, and who has been or is likely to be specially and injuriously affected by
a violation of this chapter.
(3) "Commission" means the commission for human rights provided for in 2-15-1706.
(4) "Commissioner" means the commissioner of labor and industry provided for in 2-15-1701.
(5) "Credit" means the right granted by a creditor to a person to defer payment of a debt, to incur
debt and defer its payment, or to purchase property or services and defer payment. It includes without limitation
the right to incur and defer debt that is secured by residential real property.
(6) "Credit transaction" means any invitation to apply for credit, application for credit, extension of
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credit, or credit sale.
(7) "Creditor" means a person who, regularly or as a part of the person's business, arranges for
the extension of credit for which the payment of a financial charge or interest is required, whether in connection
with loans, sale of property or services, or otherwise.
(8) "Department" means the department of labor and industry provided for in 2-15-1701.
(9) "Educational institution" means a public or private institution and includes an academy; college;
elementary or secondary school; extension course; kindergarten; nursery; school system; university; business,
nursing, professional, secretarial, technical, or vocational school; or agent of an educational institution.
(10) (a) "Employee" means an individual employed by an employer.
(b) The term does not include an individual providing services for an employer if the individual has
an independent contractor exemption certificate issued under 39-71-417 and is providing services under the
terms of that certificate.
(11) "Employer" means an employer of one or more persons or an agent of the employer but does
not include a fraternal, charitable, or religious association or corporation if the association or corporation is not
organized either for private profit or to provide accommodations or services that are available on a
nonmembership basis.
(12) "Employment agency" means a person undertaking to procure employees or opportunities to
work.
(13) "Financial institution" means a commercial bank, trust company, savings bank, finance
company, savings and loan association, credit union, investment company, or insurance company.
(14) "Housing accommodation" means a building or portion of a building, whether constructed or to
be constructed, that is or will be used as the sleeping quarters of its occupants.
(15) "Labor organization" means an organization or an agent of an organization organized for the
purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances or terms
or conditions of employment, or of other mutual aid and protection of employees.
(16) "National origin" means ancestry.
(17) (a) "Organization" means a corporation, association, or any other legal or commercial entity
that engages in advocacy of, enforcement of, or compliance with legal interests affected by this chapter.
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(b) The term does not include a labor organization.
(18) "Person" means one or more individuals, labor unions, partnerships, associations,
corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated
employees' associations, employers, employment agencies, organizations, or labor organizations.
(19) (a) "Physical or mental disability" means:
(i) a physical or mental impairment that substantially limits one or more of a person's major life
activities;
(ii) a record of such an impairment; or
(iii) a condition regarded as such an impairment.
(b) Discrimination based on, because of, on the basis of, or on the grounds of physical or mental
disability includes the failure to make reasonable accommodations that are required by an otherwise qualified
person who has a physical or mental disability. An accommodation that would require an undue hardship or that
would endanger the health or safety of any person is not a reasonable accommodation.
(20) (a) "Public accommodation" means a place that caters or offers its services, goods, or facilities
to the general public subject only to the conditions and limitations established by law and applicable to all
persons. It includes without limitation a public inn, restaurant, eating house, hotel, roadhouse, place where food
or alcoholic beverages or malt liquors are sold for consumption, motel, soda fountain, soft drink parlor, tavern,
nightclub, trailer park, resort, campground, barbering, barbering nonchemical, cosmetology, electrology,
esthetics, or manicuring salon or shop, bathroom, resthouse, theater, swimming pool, skating rink, golf course,
cafe, ice cream parlor, transportation company, or hospital and all other public amusement and business
establishments.
(b) Public accommodation does not include an institution, club, or place of accommodation that
proves that it is by its nature distinctly private. An institution, club, or place of accommodation may not be
considered by its nature distinctly private if it has more than 100 members, provides regular meal service, and
regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages, directly or
indirectly, from or on behalf of nonmembers, for the furtherance of trade or business. For the purposes of this
subsection (20), any lodge of a recognized national fraternal organization is considered by its nature distinctly
private.
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(21) "Sex" has the meaning provided in 1-1-201 [section 1]."
Section 46. Section 49-3-101, MCA, is amended to read:
"49-3-101. Definitions. As used in this chapter, the following definitions apply:
(1) "Age" means number of years since birth. It does not mean level of maturity or ability to handle
responsibility, which may represent legitimate considerations as reasonable grounds for discrimination without
reference to age.
(2) "Commission" means the commission for human rights provided for in 2-15-1706.
(3) (a) "Physical or mental disability" means:
(i) a physical or mental impairment that substantially limits one or more of a person's major life
activities;
(ii) a record of such an impairment; or
(iii) a condition regarded as such an impairment.
(b) Discrimination based upon, because of, on the basis of, on the grounds of, or with regard to
physical or mental disability includes the failure to make reasonable accommodations that are required by an
otherwise qualified person who has a physical or mental disability. Any accommodation that would require an
undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.
(4) "Sex" has the meaning provided in 1-1-201 [section 1].
(5) "State or local governmental agency" means:
(a) any branch, department, office, board, bureau, commission, agency, university unit, college, or
other instrumentality of state government; or
(b) a county, city, town, school district, or other unit of local government and any instrumentality of
local government.
(6) "Qualifications" means qualifications that are genuinely related to competent performance of
the particular occupational task."
Section 47. Section 50-4-720, MCA, is amended to read:
"50-4-720. Distribution of proceeds -- annual report. (1) Except as provided in subsection (5), the
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proceeds of a conversion transaction that are public assets must be distributed to an existing or new foundation
or other nonprofit organization to be held in a trust that meets the following requirements:
(a) The foundation or nonprofit organization shall operate pursuant to 26 U.S.C. 501(c)(3) or
501(c)(4), and regardless of whether the foundation is classified as a private foundation under 26 U.S.C. 509,
the foundation or nonprofit organization shall operate in accordance with the restrictions and limitations that
apply to private foundations in 26 U.S.C. 4941 through 4945.
(b) The foundation or nonprofit organization must have a mission statement that is as close as
possible to the mission of the converting nonprofit health entity.
(c) The foundation or nonprofit organization's assets may not be used to supplant government
funds.
(d) The foundation or nonprofit organization may not be an agent or instrumentality of the
government.
(e) The foundation or nonprofit organization and its directors, officers, and staff must be and shall
remain independent of the parties to the conversion transaction and their affiliates. A person who is an officer,
director, or staff member of a nonprofit health entity submitting a conversion plan at the time that the plan is
submitted or at the time of the conversion transaction or within 5 years after the conversion may not be an
officer, director, or staff member of the foundation. A director, officer, agent, or employee of the nonprofit health
entity submitting the plan or the foundation receiving the charitable assets may not benefit directly or indirectly
from the transaction. Public officials, elected or appointed, may not serve as an officer, director, or staff member
of the foundation or nonprofit organization.
(f) A foundation or nonprofit organization must have or shall establish formal mechanisms to avoid
conflicts of interest and to prohibit grants benefiting:
(i) any party to the conversion transaction or members of the board of directors and management
of a party to the conversion transaction; or
(ii) the foundation or nonprofit organization's board of trustees, directors, agents, or employees.
(g) Boards of trustees or directors of the foundation or nonprofit organization shall reflect the
geographic, ethnic, gender, as provided in [section 1], age, socioeconomic, and other factors that the board
considers to represent the diversity of the nonprofit health entity applicant's service area. In addition, trustees or
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directors must have the following qualifications and qualities:
(i) interest in and concern for the foundation or nonprofit organization and its mission;
(ii) objectivity and impartiality;
(iii) willingness and ability to commit time and thought to the foundation or nonprofit organization's
affairs; and
(iv) commitment to the foundation or nonprofit organization as a whole and not to a special interest.
(h) Boards of trustees or directors must include persons with special knowledge, expertise, and
skills in investments and asset management, finance, and nonprofit administration.
(2) A foundation or nonprofit organization that receives a distribution of public assets shall submit
an annual report to the commissioner and to the attorney general regarding the award of grants and other
charitable activities of the entity related to its use of the public assets received.
(3) The annual report submitted under subsection (2) must be made available to the public at the
principal office of the foundation or nonprofit organization.
(4) The attorney general shall retain oversight and monitoring authority over the foundation or
nonprofit organization that receives the proceeds of a proposed conversion transaction.
(5) Notwithstanding any other provision of this section, the proceeds of a conversion transaction
that are public assets of a nonprofit mutual benefit corporation in which all of the members are nonprofit public
benefit corporations may be distributed to the member nonprofit public benefit corporations if the articles of
incorporation of the nonprofit mutual benefit corporation provide for that distribution."
Section 48. Section 50-5-105, MCA, is amended to read:
"50-5-105. Discrimination prohibited. (1) All phases of the operation of a health care facility must be
without discrimination against anyone on the basis of race, creed, religion, color, national origin, sex, as defined
in 1-1-201 [section 1], age, marital status, physical or mental disability, or political ideas.
(2) (a) A health care facility may not refuse to admit a person to the facility solely because the
person has an HIV-related condition.
(b) For the purposes of this subsection (2), the following definitions apply:
(i) "HIV" means the human immunodeficiency virus identified as the causative agent of acquired
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immunodeficiency syndrome (AIDS) and includes all HIV and HIV-related viruses that damage the cellular
branch of the human immune or neurological system and leave the infected person immunodeficient or
neurologically impaired.
(ii) "HIV-related condition" means any medical condition resulting from an HIV infection, including
but not limited to seropositivity for HIV.
(3) A person who operates a facility may not discriminate among the patients of licensed
physicians. The free and confidential professional relationship between a licensed physician and patient must
continue and remain unaffected.
(4) Except for a hospital that employs its medical staff, a hospital considering an application for
staff membership or granting privileges within the scope of the applicant's license may not deny the application
or privileges because the applicant is licensed under Title 37, chapter 6."
Section 49. Section 50-5-602, MCA, is amended to read:
"50-5-602. Definitions. As used in this part, the following definitions apply:
(1) "Department" means the department of public health and human services provided for in 2-15-
2201.
(2) "Family practice" means comprehensive medical care with particular emphasis on the family
unit, in which the physician's continuing responsibility for health care is not limited by the patient's age or sex,
as defined in 1-1-201 [section 1], or by a particular organ system or disease entity.
(3) "Residency training" means a community-based family practice program to train family practice
resident physicians, sponsored by one or more community hospitals and physicians in Montana, for inpatient
and outpatient training.
(4) "Resident physician" means any physician in advanced medical specialty training."
Section 50. Section 50-11-101, MCA, is amended to read:
"50-11-101. Definitions. As used in this part, the following definitions apply:
(1) "Embryo" means an organism of the species Homo sapiens from the single cell stage to 8
weeks of development.
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(2) "Female" has the meaning provided in 1-1-201 [section 1].
(3) "Fetus" means an organism of the species Homo sapiens from 8 weeks of development until
complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar
environment designed to nurture the development of the organism.
(4) "Oocyte" means the human female germ cell, the egg.
(5) "Reproductive human cloning" means human cloning intended to result in the gestation or birth
of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead.
(6) "Somatic cell" means a diploid cell, having a complete set of chromosomes, obtained or
derived from a living or deceased human body at any stage of development."
Section 51. Section 50-15-101, MCA, is amended to read:
"50-15-101. Definitions. Unless the context requires otherwise, in parts 1 through 4 the following
definitions apply:
(1) "Advanced practice registered nurse" means an individual who has been certified as an
advanced practice registered nurse as provided in 37-8-202.
(2) "Authorized representative" means a person:
(a) designated by an individual, in a notarized written document, to have access to the individual's
vital records;
(b) who has a general power of attorney for an individual; or
(c) appointed by a court to manage the personal or financial affairs of an individual.
(3) "Dead body" means a human body or parts of a human body from which it reasonably may be
concluded that death occurred.
(4) "Department" means the department of public health and human services provided for in 2-15-
2201.
(5) "Dissolution of marriage" means a marriage terminated pursuant to Title 40, chapter 4, part 1.
(6) "Father" has the meaning provided in [section 1].
(7) "Fetal death" means death of the fetus prior to the complete expulsion or extraction from its
mother as a product of conception, notwithstanding the duration of pregnancy. The death is indicated by the
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fact that after expulsion or extraction, the fetus does not breathe or show any other evidence of life, such as
beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats are
distinguished from transient cardiac contractions. Respirations are distinguished from fleeting respiratory efforts
or gasps.
(7)(8) "Final disposition" means the burial, interment, cremation, removal from the state, or other
authorized disposition of a dead body or fetus.
(8)(9) "Invalid marriage" means a marriage decreed by a district court to be invalid for the reasons
contained in 40-1-402.
(9)(10) "Live birth" means the complete expulsion or extraction from the mother as a product of
conception, notwithstanding the duration of pregnancy. The birth is indicated by the fact that after expulsion or
extraction, the child breathes or shows any other evidence of life, such as beating of the heart, pulsation of the
umbilical cord, or definite movement of voluntary muscles. Heartbeats are distinguished from transient cardiac
contractions. Respirations are distinguished from fleeting respiratory efforts or gasps.
(10)(11)"Local registrar" means a person appointed by the department to act as its agent in
administering this chapter in the area set forth in the letter of appointment.
(12) "Mother" has the meaning provided in [section 1].
(11)(13)"Nonviable birth" means an unintentional, spontaneous fetal demise occurring after a heartbeat
is detected but prior to the 20th week of gestation of a pregnancy that has been verified by a health care
provider.
(12)(14)"Person in charge of disposition of a dead body" means a person who places or causes a dead
body or the ashes after cremation to be placed in a grave, vault, urn, or other receptacle or otherwise disposes
of the body or fetus and who is a funeral director, an employee acting for a funeral director, or a person who
first assumes custody of a dead body or fetus.
(13)(15)"Physician" means a person legally authorized to practice medicine in this state.
(14)(16)"Registration" means the process by which vital records are completed, filed, and incorporated
into the official records of the department.
(15)(17)"Research" means a systematic investigation designed primarily to develop or contribute to
generalizable knowledge.
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(16)(18)"Sex" has the meaning provided in 1-1-201 [section 1].
(17)(19)(a) "Stillbirth" means a fetal death occurring after a minimum of 20 weeks of gestation.
(b) The term does not include an abortion, as defined in 50-20-104.
(18)(20)"System of vital statistics" means the registration, collection, preservation, amendment, and
certification of vital records. The term includes the collection of reports required by this chapter and related
activities, including the tabulation, analysis, publication, and dissemination of vital statistics.
(19)(21)"Vital records" means certificates or reports of birth, death, fetal death, marriage, and
dissolution of marriage and related reports.
(20)(22)"Vital statistics" means the data derived from certificates or reports of birth, death, fetal death,
induced termination of pregnancy, marriage, and dissolution of marriage and related reports."
Section 52. Section 50-19-103, MCA, is amended to read:
"50-19-103. Prenatal blood sample required for serological test. (1) Every female, as defined in 1-
1-201 [section 1], regardless of age or marital status, seeking prenatal care from a health care provider is
required to submit a blood specimen for the purpose of a standard serological test. In submitting the specimen
to the laboratory, the health care provider shall designate it as a prenatal test.
(2) A health care provider who attends a pregnant woman shall at the first professional visit take
the blood sample and submit it to a laboratory.
(3) A person permitted to attend a pregnant woman, but not permitted to take blood samples, must
have the sample taken by a person permitted to take blood samples and submit it to a laboratory.
(4) A health care provider who violates this part is guilty of a misdemeanor. However, a health care
provider who requests a sample of blood in accordance with this provision and whose request is refused is not
guilty of a violation of this section."
Section 53. Section 50-19-501, MCA, is amended to read:
"50-19-501. Nursing mother and infant protection. (1) The Montana legislature finds that
breastfeeding a baby is an important and basic act of nurturing that must be protected in the interests of
maternal and child health and family values. A mother, as defined in [section 1], has a right to breastfeed the
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mother's child in any location, public or private, where the mother and child are otherwise authorized to be
present, irrespective of whether or not the mother's breast is covered during or incidental to the breastfeeding.
(2) A unit of local government may not prohibit breastfeeding in public by local ordinance.
(3) The act of breastfeeding may not be considered:
(a) a nuisance as provided in Title 27, chapter 30;
(b) indecent exposure as provided for in 45-5-504;
(c) sexual conduct as defined in 45-5-625; or
(d) obscenity as provided for in 45-8-201."
Section 54. Section 50-60-214, MCA, is amended to read:
"50-60-214. Alteration of primary function area. (1) An alteration that affects or could affect the use
of or access to a primary function area in a public building must be made to ensure, to the extent possible, that
the path of travel to the altered primary function area and the restrooms, telephones, and drinking fountains
serving the altered primary function area are readily accessible and usable by persons with disabilities.
(2) (a) A person or entity is not required to make alterations to provide an accessible path of travel
to an altered primary function area if in terms of cost and scope the alterations to the path of travel are
disproportionate to the cost of the alterations to the primary function area. Alterations to a path of travel to an
altered primary function area must be considered disproportionate if the cost exceeds 20% of the cost of the
alterations to the primary function area. This subsection does not prohibit an expenditure to alter a path of travel
that exceeds 20% of the cost of the alterations to a primary function area.
(b) If the cost of altering a path of travel to an altered primary function area is disproportionate as
provided in subsection (2)(a), the path of travel must be made accessible to the extent possible without
incurring disproportionate costs. The alterations to the path of travel must be made by providing, in the following
order or priority:
(i) an accessible entrance and accessible exterior route to the accessible entrance from
accessible parking and passenger loading zones or from a public sidewalk if the public sidewalk is immediately
adjacent to the public building site;
(ii) an accessible path of travel to the altered primary function area;
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(iii) accessible restrooms for each sex, as defined in 1-1-201 [section 1], or a single unisex
restroom when allowed by the applicable building code; and
(iv) accessible elements, including but not limited to storage spaces and alarms.
(3) A person or entity subject to the provisions of this section is also subject to the provisions of 50-
60-213(5)(a) and (5)(b)."
Section 55. Section 53-20-142, MCA, is amended to read:
"53-20-142. Rights while in residential facility. Persons admitted to a residential facility for a period
of habilitation have the following rights:
(1) Residents have a right to dignity, privacy, and humane care.
(2) Residents are entitled to send and receive sealed mail. Moreover, it is the duty of the facility to
foster the exercise of this right by furnishing the necessary materials and assistance.
(3) Residents must have the same rights and access to private telephone communication as
patients at any public hospital except to the extent that the individual treatment planning team or the qualified
intellectual disability professional responsible for formulation of a particular resident's habilitation plan writes an
order imposing special restrictions and explains the reasons for the restrictions. The written order must be
renewed monthly if any restrictions are to be continued.
(4) Residents have an unrestricted right to visitation except to the extent that the individual
treatment planning team or the qualified intellectual disability professional responsible for formulation of a
particular resident's habilitation plan writes an order imposing special restrictions and explains the reasons for
the restrictions. The written order must be renewed monthly if restrictions are to be continued.
(5) Residents have a right to receive suitable educational and habilitation services regardless of
chronological age, degree of intellectual disability, or accompanying disabilities.
(6) Each resident must have an adequate allowance of neat, clean, suitably fitting, and seasonable
clothing. Except when a particular kind of clothing is required because of a particular condition, residents must
have the opportunity to select from various types of neat, clean, and seasonable clothing. The clothing must be
considered the resident's throughout the resident's stay in the facility. Clothing, both in amount and type, must
make it possible for residents to go out of doors in inclement weather, to go for trips or visits appropriately
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dressed, and to make a normal appearance in the community. The facility shall make provision for the
adequate and regular laundering of the residents' clothing.
(7) Each resident has the right to keep and use the resident's own personal possessions except
insofar as the clothes or personal possessions may be determined by the individual treatment planning team or
the qualified intellectual disability professional to be dangerous either to the resident or to others.
(8) Each resident has a right to a humane physical environment within the residential facility. The
facility must be designed to make a positive contribution to the efficient attainment of the habilitation goals of
the resident. To accomplish this purpose:
(a) regular housekeeping and maintenance procedures that will ensure that the facility is
maintained in a safe, clean, and attractive condition must be developed and implemented;
(b) pursuant to an established routine maintenance and repair program, the physical plant must be
kept in a continuous state of good repair and operation so as to ensure the health, comfort, safety, and well-
being of the residents and so as not to impede in any manner the habilitation programs of the residents;
(c) the physical facilities must meet all fire and safety standards established by the state and
locality. In addition, the facility must meet the provisions of the life safety code of the national fire protection
association that are applicable to it.
(d) there must be special facilities for nonambulatory residents to ensure their safety and comfort,
including special fittings on toilets and wheelchairs. Appropriate provision must be made to permit
nonambulatory residents to communicate their needs to staff.
(9) Residents have a right to receive prompt and adequate medical treatment for any physical or
mental ailments or injuries or physical disabilities and for the prevention of any illness or disability. The medical
treatment must meet standards of medical practice in the community. However, nothing in this subsection may
be interpreted to impair other rights of a resident in regard to involuntary commitment for mental illness, use of
psychotropic medication, use of hazardous, aversive, or experimental procedures, or the refusal of treatment.
(10) Corporal punishment is not permitted.
(11) The opportunity for religious worship must be accorded to each resident who desires worship.
Provisions for religious worship must be made available to all residents on a nondiscriminatory basis. An
individual may not be compelled to engage in any religious activities.
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(12) Residents have a right to a nourishing, well-balanced diet. The diet for residents must provide
at a minimum the recommended daily dietary allowance as developed by the national academy of sciences.
Provisions must be made for special therapeutic diets and for substitutes at the request of the resident, the
resident's parents, guardian, or next of kin, or the responsible person appointed by the court in accordance with
the religious requirements of any resident's faith. Denial of a nutritionally adequate diet may not be used as
punishment.
(13) Residents have a right to regular physical exercise several times a week. It is the duty of the
facility to provide both indoor and outdoor facilities and equipment for exercise. Residents have a right to be
outdoors daily in the absence of contrary medical considerations.
(14) Residents have a right, under appropriate supervision, to suitable opportunities for the
interaction with members of the opposite sex, as defined in 1-1-201 [section 1], except when the individual
treatment planning team or the qualified intellectual disability professional responsible for the formulation of a
particular resident's habilitation plan writes an order to the contrary and explains the reasons for the order. The
order must be renewed monthly if the restriction is to be continued."
Section 56. Section 53-21-121, MCA, is amended to read:
"53-21-121. Petition for commitment -- contents of -- notice of. (1) The county attorney, upon the
written request of any person having direct knowledge of the facts, may file a petition with the court alleging that
there is a person within the county who is suffering from a mental disorder and who requires commitment
pursuant to this chapter.
(2) The petition must contain:
(a) the name and address of the person requesting the petition and the person's interest in the
case;
(b) the name of the respondent and, if known, the address, age, sex, as defined in 1-1-201
[section 1], marital status, and occupation of the respondent;
(c) the purported facts supporting the allegation of mental disorder, including a report by a mental
health professional if any, a statement of the disposition sought pursuant to 53-21-127, and the need for
commitment;
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(d) the name and address of every person known or believed to be legally responsible for the care,
support, and maintenance of the respondent for whom evaluation is sought;
(e) the name and address of the respondent's next of kin to the extent known to the county
attorney and the person requesting the petition;
(f) the name and address of any person whom the county attorney believes might be willing and
able to be appointed as friend of respondent;
(g) the name, address, and telephone number of the attorney, if any, who has most recently
represented the respondent for whom evaluation is sought; if there is no attorney, there must be a statement as
to whether to the best knowledge of the person requesting the petition the respondent for whom evaluation is
sought is indigent and unable to afford the services of an attorney;
(h) a statement of the rights of the respondent, which must be in conspicuous print and identified
by a suitable heading; and
(i) the name and address of the mental health facility to which it is proposed that the respondent
may be committed, if known.
(3) Notice of the petition must be hand-delivered to the respondent and to the respondent's
counsel on or before the initial appearance of the respondent before the judge or justice of the peace. The
respondent's counsel shall meet with the respondent, explain the substance of the petition, and explain the
probable course of the proceedings. Notice of the petition and the order setting the date and time of the hearing
and the names of the respondent's counsel, professional person, and friend of respondent must be hand-
delivered, mailed, or sent by a facsimile transmission to the person or persons legally responsible for care,
support, and maintenance of the respondent, the next of kin identified in the petition, any other person identified
by the county attorney as a possible friend of respondent other than the one named as the friend of respondent,
the director of the department or the director's designee, and the mental health facility to which the respondent
may be committed, if known. The notice may provide, other than as to the respondent and the respondent's
counsel, that no further notice will be given unless written request is filed with the clerk of court."
Section 57. Section 53-21-142, MCA, is amended to read:
"53-21-142. Rights of persons admitted to facility. Patients admitted to a mental health facility,
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whether voluntarily or involuntarily, have the following rights:
(1) Patients have a right to privacy and dignity.
(2) Patients have a right to the least restrictive conditions necessary to achieve the purposes of
commitment. Patients must be accorded the right to appropriate treatment and related services in a setting and
under conditions that:
(a) are the most supportive of the patient's personal liberty; and
(b) restrict the patient's liberty only to the extent necessary and consistent with the patient's
treatment need, applicable requirements of law, and judicial orders.
(3) Patients have rights to visitation and reasonable access to telephone communications,
including the right to converse with others privately, except to the extent that the professional person
responsible for formulation of a particular patient's treatment plan writes an order imposing special restrictions.
The written order must be renewed after each periodic review of the treatment plan if any restrictions are to be
continued. Patients have an unrestricted right to visitation with attorneys, with spiritual counselors, and with
private physicians and other professional persons.
(4) Patients have an unrestricted right to send sealed mail. Patients have an unrestricted right to
receive sealed mail from their attorneys, private physicians and other professional persons, the mental
disabilities board of visitors, courts, and government officials. Patients have a right to receive sealed mail from
others except to the extent that a professional person responsible for formulation of a particular patient's
treatment plan writes an order imposing special restrictions on receipt of sealed mail. The written order must be
renewed after each periodic review of the treatment plan if any restrictions are to be continued.
(5) Patients have an unrestricted right to have access to letter-writing materials, including postage,
and have a right to have staff members of the facility assist persons who are unable to write, prepare, and mail
correspondence.
(6) Patients have a right to wear their own clothes and to keep and use their own personal
possessions, including toilet articles, except to the extent that clothes or personal possessions may be
determined by a professional person in charge of the patient's treatment plan to be dangerous or otherwise
inappropriate to the treatment regimen. The facility has an obligation to supply an adequate allowance of
clothing to any patients who do not have suitable clothing of their own. Patients must have the opportunity to
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select from various types of neat, clean, and seasonable clothing. The clothing must be considered the patient's
throughout the patient's stay at the facility. The facility shall make provision for the laundering of patient
clothing.
(7) Patients have the right to keep and be allowed to spend a reasonable sum of their own money.
(8) Patients have the right to religious worship. Provisions for worship must be made available to
all patients on a nondiscriminatory basis. An individual may not be required to engage in any religious activities.
(9) Patients have a right to regular physical exercise several times a week. The facility shall
provide facilities and equipment for physical exercise. Patients have a right to be outdoors at regular and
frequent intervals in the absence of contrary medical considerations.
(10) Patients have the right to be provided, with adequate supervision, suitable opportunities for
interaction with members of the opposite sex, as defined in 1-1-201 [section 1], except to the extent that a
professional person in charge of the patient's treatment plan writes an order stating that the interaction is
inappropriate to the treatment regimen.
(11) Patients have a right to receive prompt and adequate medical treatment for any physical
ailments. In providing medical care, the mental health facility shall take advantage of whatever community-
based facilities are appropriate and available and shall coordinate the patient's treatment for mental illness with
the patient's medical treatment.
(12) Patients have a right to a diet that will provide at a minimum the recommended daily dietary
allowances as developed by the national academy of sciences. Provisions must be made for special
therapeutic diets and for substitutes at the request of the patient or the friend of respondent in accordance with
the religious requirements of any patient's faith. Denial of a nutritionally adequate diet may not be used as
punishment.
(13) Patients have a right to a humane psychological and physical environment within the mental
health facilities. These facilities must be designed to afford patients with comfort and safety, promote dignity,
and ensure privacy. The facilities must be designed to make a positive contribution to the efficient attainment of
the treatment goals set for the patient. In order to ensure the accomplishment of this goal:
(a) regular housekeeping and maintenance procedures that will ensure that the facility is
maintained in a safe, clean, and attractive condition must be developed and implemented;
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(b) there must be special provision made for geriatric and other nonambulatory patients to ensure
their safety and comfort, including special fittings on toilets and wheelchairs. Appropriate provision must be
made to permit nonambulatory patients to communicate their needs to the facility staff.
(c) pursuant to an established routine maintenance and repair program, the physical plant of each
facility must be kept in a continuous state of good repair and operation in accordance with the needs of the
health, comfort, safety, and well-being of the patients;
(d) each facility must meet all fire and safety standards established by the state and locality. In
addition, any hospital must meet the provisions of the life safety code of the national fire protection association
that are applicable to hospitals. A hospital must meet all standards established by the state for general
hospitals to the extent that they are relevant to psychiatric facilities.
(14) A patient at a facility has the right:
(a) to be informed of the rights described in this section at the time of admission and periodically
after admission in language and terms appropriate to the patient's condition and ability to understand;
(b) to assert grievances with respect to infringement of the rights described in this section,
including the right to have a grievance considered in a fair and timely manner according to an impartial
grievance procedure that must be provided for by the facility; and
(c) to exercise the rights described in this section without reprisal and may not be denied
admission to the facility as reprisal for the exercise of the rights described in this section.
(15) In order to assist a person admitted to a program or facility in the exercise or protection of the
patient's rights, the patient's attorney, advocate, or legal representatives must be given reasonable access to:
(a) the patient;
(b) the program or facility areas where the patient has received treatment or has resided or the
areas to which the patient has had access; and
(c) pursuant to the written authorization of the patient, records and information pertaining to the
patient's diagnosis, treatment, and related services.
(16) A person admitted to a facility must be given access to any available individual or service that
provides advocacy for the protection of the person's rights and that assists the person in understanding,
exercising, and protecting the person's rights as described in this section.
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(17) This section may not:
(a) obligate a professional person to administer treatment contrary to the professional's clinical
judgment;
(b) prevent a facility from discharging a patient for whom appropriate treatment, consistent with the
clinical judgment of a professional person responsible for the patient's treatment, is or has become impossible
to administer because of the patient's refusal to consent to the treatment;
(c) require a facility to admit a person who has, on prior occasions, repeatedly withheld consent to
appropriate treatment; or
(d) obligate a facility to treat a person admitted to the facility solely for diagnostic evaluation."
Section 58. Section 53-24-310, MCA, is amended to read:
"53-24-310. Definitions. As used in 53-24-310 through 53-24-314, unless the context clearly
indicates otherwise, the following definitions apply:
(1) "Alcohol and drug prevention or treatment facility" means a recovery residence, hospital, health
or counseling center, or other entity providing alcohol and drug services.
(2) "Alcohol and drug services" includes evaluation, treatment, residential personal care,
habilitation, rehabilitation, counseling, or supervision of persons with substance use disorders or services to
persons designed to prevent substance use disorders that either receive funds from the department of public
health and human services or assess fees for services provided.
(3) "Certified recovery residence" means a recovery residence, as defined in subsection (9), that
has received certification or another form of approval from a certifying organization, as defined in subsection
(4).
(4) "Certifying organization" means a recovery residence standards organization or an affiliate of a
recovery residence standards organization that operates in the state of Montana and is recognized by the
department of public health and human services.
(5) "Informed consent" means voluntary consent by an individual to a placement in a certified
recovery residence only after full disclosure by a judge, justice of the peace, or magistrate of the following
information:
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(a) any limitations or prohibitions against narcotic medication associated with the certified recovery
residence; and
(b) whether United States food and drug administration-approved medication-assisted treatment of
substance use disorders, including the use of buprenorphine and suboxone, is limited or prohibited.
(6) "Levels of care" means the continuum of support ranging from nonclinical recovery residences
to licensed clinical treatment.
(7) "Minor" means an individual under 18 years of age without regard to sex, as defined in [section
1].
(8) "Qualified health care provider" means a person licensed as a physician, psychologist, social
worker, clinical professional counselor, marriage and family therapist, addiction counselor, or another
appropriate licensed health care practitioner.
(9) "Recovery residence" means a sober living home with a safe, family-like environment that
promotes recovery from substance use disorders through services including but not limited to peer support,
mutual support groups, and recovery services.
(10) "Sober" means free of alcohol and drugs, except for prescription medications taken as directed
by a licensed prescriber, including medications approved by the United States food and drug administration for
the treatment of opioid use disorder.
(11) (a) "Substance use disorder" means the use of any chemical substance, legal or illegal, that
creates behavioral or health problems, or both, resulting in operational impairment.
(b) This term includes alcoholism, drug dependency, or both, that endanger the health,
interpersonal relationships, or economic functions of an individual or the public health, safety, or welfare."
Section 59. Section 53-30-312, MCA, is amended to read:
"53-30-312. Creation of community corrections boards -- membership -- appointment -- terms --
compensation. (1) A unit of local government, the governing bodies of two or more units of local government,
or a tribal government may establish a community corrections board.
(2) A community corrections board consists of three to seven members, must, when possible, be
gender-balanced, as provided in [section 1], and have racial parity, and must include:
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(a) one local law enforcement officer;
(b) one probation and parole officer; and
(c) one member of the public.
(3) Members of a community corrections board must be appointed by the chief executive officer of
the unit of local government or the tribal government in the judicial district in which community corrections
facilities or programs are established.
(4) Members of a community corrections board shall serve for a term of 4 years.
(5) Members of a community corrections board shall serve without compensation except as
otherwise decided by the units of local government or a tribal government."
Section 60. Section 60-5-514, MCA, is amended to read:
"60-5-514. Business eligibility -- criteria -- restrictions. (1) To be eligible for placement of a
business sign on a specific information sign panel, a business establishment shall meet standards for "GAS",
"FOOD", "LODGING", and "CAMPING" services in rules adopted by the department pursuant to guidelines in
the Manual on Uniform Traffic Control Devices, as amended.
(2) (a) Each business identified on a specific information sign shall provide assurance of its
conformity with all applicable laws concerning the provision of public accommodations without regard to race,
color, sex, as defined in 1-1-201 [section 1], culture, social origin or condition, or political or religious ideas.
(b) If such a business violates any of these laws, it loses eligibility for business identification on a
specific information sign.
(3) No business that owns any outdoor advertising structure in violation of the provisions of Title
75, chapter 15, part 1, may be eligible for business identification on a specific information sign for 1 year after
the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 45 days of
receiving notification under 75-15-131."
Section 61. Section 60-5-522, MCA, is amended to read:
"60-5-522. Business eligibility -- criteria -- restrictions. (1) To be eligible for business identification
on a tourist-oriented directional sign, a business establishment shall meet the following standards for a
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business, service, or activity:
(a) Gas, food, lodging, and camping services must:
(i) be licensed and approved by the state and local agencies regulating the particular type of
business;
(ii) provide an acceptable level of service to the public;
(iii) be in continuous operation at least 8 hours a day, 5 days a week, including Saturday or
Sunday; and
(iv) have a telephone and restroom facilities available for public use.
(b) Recreation services must:
(i) be licensed and approved by state and local agencies as required by law;
(ii) provide to families and the public activities of interest in which people participate for purposes
of physical exercise, collective amusement, or enjoyment of nature. Such activities may include hiking, golfing,
skiing, boating, swimming, picnicking, fishing, and horseback riding.
(c) Tourist services must:
(i) be licensed as required by law;
(ii) be open to the public at least 8 hours a day, 5 days a week, including Saturday or Sunday,
during the normal tourist season; and
(iii) provide a natural, recreational, historical, cultural, educational, or entertainment activity or a
unique or unusual commercial or nonprofit activity, from which the major portion of income or visitors is derived
during normal business seasons from motorists not residing in the immediate area of the activity.
(2) Priority under subsection (1)(a) must be given to businesses that are in continuous operation
for 12 months a year.
(3) (a) Each business identified on a tourist-oriented directional sign shall provide assurance of its
conformity with all applicable laws concerning the provision of public accommodations without regard to race,
color, sex, as defined in 1-1-201 [section 1], culture, social origin or condition, or political or religious ideas.
(b) If a business violates any of these laws, it loses eligibility for business identification on a tourist-
oriented directional sign.
(4) A business that owns any outdoor advertising structure in violation of the provisions of Title 75,
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chapter 15, part 1, may not be eligible for business identification on a tourist-oriented directional sign for 1 year
after the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 45 days
of receiving notification under 75-15-131."
Section 62. Section 61-5-107, MCA, is amended to read:
"61-5-107. Application for license or motorcycle endorsement. (1) Each application for a learner
license, driver's license, commercial driver's license, or motorcycle endorsement must be made on a form
furnished by the department. A voter registration form for mail registration as prescribed by the secretary of
state must be attached to each driver's license application. If the applicant wishes to register to vote, the
department shall accept the registration and forward the form to the election administrator.
(2) Each application must include the full legal name, date of birth, sex, as defined in 1-1-201
[section 1], residence address of the applicant [and the applicant's social security number], must include a brief
description of the applicant, and must provide the following additional information:
(a) the name of each jurisdiction in which the applicant has previously been licensed to drive any
type of motor vehicle during the 10-year period immediately preceding the date of the application;
(b) a certification from the applicant that the applicant is not currently subject to a suspension,
revocation, cancellation, disqualification, or withdrawal of a previously issued driver's license or any driving
privileges in another jurisdiction and that the applicant does not have a driver's license from another jurisdiction;
(c) a brief description of any physical or mental disability, limitation, or condition that impairs or
may impair the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor
vehicle on the highway;
(d) a brief description of any adaptive equipment or operational restrictions that the applicant relies
upon or intends to rely upon to attain the ability to exercise ordinary and reasonable control in the safe
operation of a motor vehicle on the highway, including the nature of the equipment or restrictions; and
(e) if the applicant is a foreign national whose presence in the United States is temporarily
authorized under federal law, the expiration date of the official document issued to the applicant by the bureau
of citizenship and immigration services of the department of homeland security authorizing the applicant's
presence in the United States.
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[(3) The department shall keep the applicant's social security number from this source confidential,
except that the number may be used for purposes of subtitle VI of Title 49 of the U.S.C. or as otherwise
permitted by state law administered by the department and may be provided to the department of public health
and human services for use in administering Title IV-D of the Social Security Act.]
(4) (a) When an application is received from an applicant who is not ineligible for licensure under
61-5-105 and who was previously licensed by another jurisdiction, the department shall request a copy of the
applicant's driving record from each jurisdiction in which the applicant was licensed in the preceding 10-year
period. The driving record may be transmitted manually or by electronic medium.
(b) When received, the driving records must be appended to the driver's record created and
maintained in this state. The department may rely on information contained in driving records received under
this section to determine the appropriate action to be taken against the applicant upon subsequent receipt of a
report of a conviction or other conduct requiring suspension or revocation of a driver's license under state law.
(5) An individual who is under 26 years of age but at least 15 years of age and who is required to
register in compliance with the federal Military Selective Service Act, 50 App. U.S.C. 453, must be provided an
opportunity to fulfill those registration requirements in conjunction with an application for a learner license,
driver's license, commercial driver's license, or state identification card. If under 18 years of age but at least 15
years of age, an individual must be provided an opportunity to be registered by the selective service system
upon attaining 18 years of age. Any registration information supplied on the application must be transmitted by
the department to the selective service system. (Bracketed language terminates on occurrence of contingency--
sec. 1, Ch. 27, L. 1999.)"
Section 63. Section 72-1-103, MCA, is amended to read:
"72-1-103. General definitions. Subject to additional definitions contained in the subsequent
chapters that are applicable to specific chapters, parts, or sections and unless the context otherwise requires, in
chapters 1 through 6, the following definitions apply:
(1) "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, an
individual authorized to make decisions concerning another's health care, and an individual authorized to make
decisions for another under a natural death act.
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(2) "Application" means a written request to the clerk for an order of informal probate or
appointment under chapter 3, part 2.
(3) "Beneficiary", as it relates to:
(a) a trust beneficiary, includes a person who has any present or future interest, vested or
contingent, and also includes the owner of an interest by assignment or other transfer;
(b) a charitable trust, includes any person entitled to enforce the trust;
(c) a beneficiary of a beneficiary designation, refers to a beneficiary of:
(i) an account with POD designation or a security registered in beneficiary form (TOD); or
(ii) any other nonprobate transfer at death; and
(d) a beneficiary designated in a governing instrument, includes a grantee of a deed, a devisee, a
trust beneficiary, a beneficiary of a beneficiary designation, a donee, and a person in whose favor a power of
attorney or a power held in any individual, fiduciary, or representative capacity is exercised.
(4) "Beneficiary designation" refers to a governing instrument naming a beneficiary of:
(a) an account with POD designation or a security registered in beneficiary form (TOD); or
(b) any other nonprobate transfer at death.
(5) "Child" includes an individual entitled to take as a child under chapters 1 through 5 by intestate
succession from the parent whose relationship is involved and excludes a person who is only a stepchild, a
foster child, a grandchild, or any more remote descendant.
(6) (a) "Claims", in respect to estates of decedents and protected persons, includes liabilities of the
decedent or protected person, whether arising in contract, in tort, or otherwise, and liabilities of the estate that
arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses
and expenses of administration.
(b) The term does not include estate taxes or demands or disputes regarding title of a decedent or
protected person to specific assets alleged to be included in the estate.
(7) "Clerk" or "clerk of court" means the clerk of the district court.
(8) "Conservator" means a person who is appointed by a court to manage the estate of a protected
person.
(9) "Court" means the district court in this state having jurisdiction in matters relating to the affairs
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of decedents.
(10) "Descendant" of an individual means all of the individual's descendants of all generations, with
the relationship of parent and child at each generation being determined by the definition of child and parent
contained in this code.
(11) "Devise" when used as a noun means a testamentary disposition of real or personal property
and when used as a verb means to dispose of real or personal property by will.
(12) "Devisee" means a person designated in a will to receive a devise. For purposes of chapter 3,
in the case of a devise to an existing trust or trustee or to a trustee or trust described by will, the trust or trustee
is the devisee and the beneficiaries are not devisees.
(13) "Disability" means cause for a protective order as described by 72-5-409.
(14) "Distributee" means any person who has received property of a decedent from the decedent's
personal representative other than as a creditor or purchaser. A testamentary trustee is a distributee only to the
extent of distributed assets or increment to distributed assets remaining in the trustee's hands. A beneficiary of
a testamentary trust to whom the trustee has distributed property received from a personal representative is a
distributee of the personal representative. For purposes of this provision, "testamentary trustee" includes a
trustee to whom assets are transferred by will, to the extent of the devised assets.
(15) "Estate" includes the property of the decedent, trust, or other person whose affairs are subject
to chapters 1 through 5 as originally constituted and as it exists from time to time during administration.
(16) "Exempt property" means that property of a decedent's estate that is described in 72-2-413.
(17) "Fiduciary" includes a personal representative, guardian, conservator, and trustee.
(18) "Foreign personal representative" means a personal representative appointed by another
jurisdiction.
(19) "Formal proceedings" means proceedings conducted before a judge with notice to interested
persons.
(20) "Governing instrument" means a deed; will; trust; insurance or annuity policy; account with
POD designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar
benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or dispositive,
appointive, or nominative instrument of any similar type.
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(21) "Guardian" means a person who has qualified as a guardian of a minor or incapacitated person
pursuant to testamentary or court appointment but excludes one who is merely a guardian ad litem.
(22) "Heirs", except as controlled by 72-2-721, means persons, including the surviving spouse and
the state, who are entitled under the statutes of intestate succession to the property of a decedent.
(23) "Incapacitated person" has the meaning provided in 72-5-101.
(24) "Informal proceedings" means proceedings conducted without notice to interested persons by
the clerk of court for probate of a will or appointment of a personal representative.
(25) "Interested person" includes heirs, devisees, children, spouses, creditors, beneficiaries, and
any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or
protected person. The term also includes persons having priority for appointment as personal representative
and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary
from time to time and must be determined according to the particular purposes of and matter involved in any
proceeding.
(26) "Issue" of a person means a descendant.
(27) "Joint tenants with the right of survivorship" includes co-owners of property held under
circumstances that entitle one or more to the whole of the property on the death of the other or others but
excludes forms of co-ownership registration in which the underlying ownership of each party is in proportion to
that party's contribution.
(28) "Lease" includes an oil, gas, coal, or other mineral lease.
(29) "Letters" includes letters testamentary, letters of guardianship, letters of administration, and
letters of conservatorship.
(30) "Minor" means a person who is under 18 years of age.
(31) "Mortgage" means any conveyance, agreement, or arrangement in which property is used as
security.
(32) "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the
time of death.
(33) "Organization" means a corporation, business trust, estate, trust, partnership, joint venture,
association, government or governmental subdivision or agency, or any other legal or commercial entity.
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(34) "Parent" includes any person entitled to take, or who would be entitled to take if the child died
without a will, as a parent under chapters 1 through 5 by intestate succession from the child whose relationship
is in question and excludes any person who is only a stepparent, foster parent, or grandparent.
(35) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency
or subdivision, or any other person authorized or obligated by law or a governing instrument to make payments.
(36) "Person" means an individual, a corporation, an organization, or other legal entity.
(37) "Personal representative" includes executor, administrator, successor personal representative,
special administrator, and persons who perform substantially the same function under the law governing their
status. "General personal representative" excludes special administrator.
(38) "Petition" means a written request to the court for an order after notice.
(39) "Proceeding" includes action at law and suit in equity.
(40) "Property" includes both real and personal property or any interest in that property and means
anything that may be the subject of ownership.
(41) "Protected person" has the meaning provided in 72-5-101.
(42) "Protective proceeding" has the meaning provided in 72-5-101.
(43) "Record" means information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form.
(44) "Security" includes any note; stock; treasury stock; bond; debenture; evidence of indebtedness;
certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production
under such a title or lease; collateral trust certificate; transferable share; voting trust certificate; in general, any
interest or instrument commonly known as a security; any certificate of interest or participation; or any
temporary or interim certificate, receipt, or certificate of deposit for or any warrant or right to subscribe to or
purchase any of the foregoing.
(45) "Settlement", in reference to a decedent's estate, includes the full process of administration,
distribution, and closing.
(46) "Sign" means, with present intent to authenticate or adopt a record other than a will:
(a) to execute or adopt a tangible symbol; or
(b) to attach to or logically associate with the record an electronic symbol, sound, or process.
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(47) "Special administrator" means a personal representative as described by chapter 3, part 7.
(48) "State" means a state of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.
(49) "Successor personal representative" means a personal representative, other than a special
administrator, who is appointed to succeed a previously appointed personal representative.
(50) "Successors" means persons, other than creditors, who are entitled to property of a decedent
under the decedent's will or chapters 1 through 5.
(51) "Supervised administration" refers to the proceedings described in chapter 3, part 4.
(52) "Survive" means that an individual has neither predeceased an event, including the death of
another individual, nor is considered to have predeceased an event under 72-2-114 or 72-2-712. The term
includes its derivatives, such as "survives", "survived", "survivor", and "surviving".
(53) "Testacy proceeding" means a proceeding to establish a will or determine intestacy.
(54) "Testator" includes an individual of either sex, as defined in 1-1-201 [section 1].
(55) "Trust" includes an express trust, private or charitable, with additions to the trust, wherever and
however created. The term also includes a trust created or determined by judgment or decree under which the
trust is to be administered in the manner of an express trust. The term excludes other constructive trusts and
excludes resulting trusts; conservatorships; personal representatives; trust accounts as defined in 72-6-111 and
Title 72, chapter 6, parts 2 and 3; custodial arrangements pursuant to chapter 26; business trusts providing for
certificates to be issued to beneficiaries; common trust funds; voting trusts; security arrangements; liquidation
trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or
employee benefits of any kind; and any arrangement under which a person is nominee or escrowee for another.
(56) "Trustee" includes an original, additional, or successor trustee, whether or not appointed or
confirmed by court.
(57) "Verification" has the meaning provided in 25-4-203 and may be proved by an unsworn written
verification in accordance with 1-6-105.
(58) "Ward" means an individual described in 72-5-101.
(59) "Will" includes codicil and any testamentary instrument that merely appoints an executor,
revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual
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or class to succeed to property of the decedent passing by intestate succession."
Section 64. Section 72-17-106, MCA, is amended to read:
"72-17-106. Statewide organ and tissue donation registry. (1) The department of justice shall
electronically transfer to the federally designated organ procurement organization all information that appears
on the front of a driver's license, including the name, gender, as provided in [section 1], date of birth, and most
recent address of any person who obtains a driver's license and who volunteers to donate organs or tissue
upon death, as provided in 61-5-301. The department of justice may charge actual costs for the first transfer of
information, as provided in subsection (5). However, all subsequent electronic transfers of donor information
must be at no charge to the federally designated organ procurement organization.
(2) Information obtained by the federally designated organ procurement organization must be used
for the purpose of establishing a statewide organ and tissue donation registry accessible to in-state, recognized
cadaveric organ and cadaveric tissue agencies for the recovery or placement of organs and tissue and to
procurement agencies in another state when a Montana resident is a donor of an anatomical gift and is not
located in the state at the time of death or immediately before the death of the donor.
(3) An organ or tissue donation organization may not obtain information from the organ and tissue
donation registry for the purpose of fundraising. Organ and tissue donation registry information may not be
further disseminated unless authorized in this section or by federal law. Dissemination of organ and tissue
donation registry information may be made by the organ procurement organization to a recognized, in-state
procurement agency for other tissue recovery or to an out-of-state, federally designated organ procurement
organization.
(4) The federally designated organ procurement organization may acquire donor information from
sources other than the department of justice.
(5) All reasonable costs associated with the creation and maintenance of the organ and tissue
donation registry, as determined by the department of justice, must be paid by the organ and tissue
procurement organizations. Any money collected by the department of justice must be deposited in an account
in the state special revenue fund established by the department of justice for the purpose of the payment of
reasonable costs associated with the development and maintenance of the organ and tissue donation registry
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and necessary for the initial installation and setup for electronic transfer of the donor information.
(6) An individual does not need to participate in the organ and tissue donation registry to be a
donor of organs or tissue. The registry is intended to facilitate organ and tissue donation and not inhibit persons
from being donors upon death."
Section 65. Section 90-14-104, MCA, is amended to read:
"90-14-104. Commission on community service. (1) The governor shall appoint a commission on
community service composed of up to 15 members.
(2) Members must include a representative from a tribal government and from at least four state
agencies in the following functional areas:
(a) natural resources;
(b) human services;
(c) labor;
(d) K-12 education;
(e) higher education; and
(f) military affairs.
(3) Members may include representatives from local government, not-for-profit agencies, federal
agencies, business, labor unions, volunteer groups, and private citizens.
(4) To the extent possible, membership of the commission must be balanced according to race,
ethnicity, age, gender, as provided in [section 1], and disabilities.
(5) The commission shall assist in the development and coordination of state community service
programs, integration of services, dissemination of information, recruitment of volunteers, recruitment and
training of volunteer crewleaders, development of materials, and evaluation of and accountability for the
services provided.
(6) Commission members are entitled to payment and reimbursement as provided in 2-15-122(5)."
Section 66. Repealer. The following section of the Montana Code Annotated is repealed:
1-1-201. Terms of wide applicability.
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Section 67. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
1, chapter 1, part 2, and the provisions of Title 1, chapter 1, part 2, apply to [section 1].
Section 68. Severability. If a part of [this act] is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
Section 69. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 437, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 437
INTRODUCED BY C. GLIMM
AN ACT FOR THE CODIFICATION AND GENERAL REVISION OF THE LAWS RELATING TO THE
DEFINITION FOR THE WORDS SEX, FEMALE, MALE, MAN, WOMAN, FATHER, AND MOTHER WHEN
REFERRING TO A HUMAN; PROVIDING THAT THE DEFINITION OF SEX REFERS TO BIOLOGICAL SEX
AND NOT GENDER IDENTITY OR SEXUAL INTERCOURSE; PROVIDING THAT THE DEFINITION OF SEX
IS LIMITED TO TWO TYPES OF SEXES WHICH ARE REFERRED TO AS MALE AND FEMALE; PROVIDING
THAT THE DEFINITIONS OF MALE, FEMALE, MAN, WOMAN, FATHER, AND MOTHER REFER TO
BIOLOGICAL SEX AND NOT SUBJECTIVE GENDER IDENTITY; CLARIFYING THE MEANING OF THE TERM
"GENDER"; AMENDING SECTIONS 2-18-208, 2-18-606, 7-15-4207, 7-34-2123, 10-2-403, 13-27-408, 13-35-
301, 13-38-201, 13-38-203, 13-38-205, 19-2-802, 20-6-808, 20-7-1306, 20-7-1703, 20-9-327, 20-11-116, 20-25-
501, 20-25-707, 22-2-306, 23-2-505, 33-1-201, 35-20-209, 39-2-912, 39-29-101, 39-71-401, 40-1-107, 40-1-311,
40-1-401, 40-5-804, 40-5-907, 40-5-1031, 40-6-701, 40-6-703, 41-3-210, 41-5-103, 42-2-204, 44-2-411, 44-2-
412, 45-5-625, 46-18-101, 46-19-301, 46-19-401, 49-1-102, 49-2-101, 49-3-101, 50-4-720, 50-5-105, 50-5-602,
50-11-101, 50-15-101, 50-19-103, 50-19-501, 50-60-214, 53-20-142, 53-21-121, 53-21-142, 53-24-310, 53-30-
312, 60-5-514, 60-5-522, 61-5-107, 72-1-103, 72-17-106, AND 90-14-104, MCA; REPEALING SECTION 1-1-
201, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.