MontanaSB 13469th Legislature, Regular Session (2025)Senate

Generally revise laws relating to gifts and endowments

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Stronger enforcement of donor limits

The law bans charities from breaking written donor restrictions on endowment gifts. If a restriction is violated, you or your legal representative can send written notice, wait 90 days, and file a complaint within 3 years after you discover it, in state court where the charity’s principal office is or in the matching federal district. You can bring a case even if the agreement does not say you can sue. Courts can order fixes that carry out the gift’s charitable purpose, but cannot order the charity to return your donated funds; you also cannot recover money damages under this Act. These rules apply to endowment agreements made on or after January 1, 1975, and are now in effect.

Clear rules on donors and funds

The law defines who counts as a donor and a charitable organization (must have 501(c)(3) status). It defines an endowment agreement as a written deal with a charity or charitable trust and protects only written donor‑imposed restrictions. An endowment fund is money the charity cannot spend all at once under the gift terms; funds the charity labels as endowments on its own are not covered. Property includes cash, real or personal property, stocks, bonds, and cryptocurrency. A legal representative can be an estate administrator known to the charity, a surviving spouse after the estate is settled, or a person named in the agreement.

Charities must give 90-day notice

If a charity cannot meet a term in an endowment agreement, it must notify you or your legal representative 90 days in advance. It must also offer an alternative that closely matches the original term. A charity can ask a court to declare what the agreement requires. The attorney general’s powers, court cy pres, and modification rights under Montana’s Uniform Prudent Management of Institutional Funds Act still apply.

Sponsors & Cosponsors

Sponsor

Greg Hertz
Republican • Senate

Cosponsors

Greg Overstreet
Republican • House

Roll Call Votes

All Roll Calls

Yes: 286 • No: 62

House vote • 3/28/2025

Do Concur

Yes: 81 • No: 18

House vote • 3/27/2025

Do Concur

Yes: 79 • No: 21

Senate vote • 2/14/2025

Do Pass

Yes: 33 • No: 17

Senate vote • 2/12/2025

AMD-SB0134.002.001 Hertz D/PASS

Yes: 48 • No: 1

Senate vote • 2/12/2025

Do Pass As Amended

Yes: 45 • No: 5

Actions Timeline

Chapter Number Assigned
4/18/2025Senate
Signed by Governor
4/17/2025Senate
Transmitted to Governor
4/8/2025Senate
Signed by Speaker
4/8/2025House
Signed by President
4/2/2025Senate
Returned from Enrolling
3/30/2025Senate
Sent to Enrolling
3/28/2025Senate
3rd Reading
3/28/2025House
2nd Reading
3/27/2025House
Committee Report
3/25/2025House
Committee Executive Action
3/24/2025House
1st Reading
2/17/2025House
Referred to Committee
2/17/2025House
Transmitted to House
2/14/2025Senate
3rd Reading
2/14/2025Senate
2nd Reading
2/12/2025Senate
2nd Reading Motion to Amend
2/12/2025Senate
Committee Report
2/10/2025Senate
Committee Executive Action
2/6/2025Senate
Hearing
1/25/2025Senate
Referred to Committee
1/15/2025Senate
1st Reading
1/14/2025Senate
Introduced
1/13/2025Senate

Bill Text

Enrolled
4/15/2025
PDF
As Amended (Version 4)
3/28/2025
PDF
As Amended (Version 3)
2/13/2025
PDF
As Amended (Version 2)
2/10/2025
PDF
Introduced
1/13/2025
PDF

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