MontanaSB 13469th Legislature, Regular Session (2025)SenateWALLET

Generally revise laws relating to gifts and endowments

Sponsored By: Greg Hertz (Republican)

Became Law

ContractsEstates and Trusts

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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

Senate vote 3/28/2025

Do Concur

Yes: 81 • No: 18

Senate 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

  1. Chapter Number Assigned

    4/18/2025Senate
  2. Signed by Governor

    4/17/2025Senate
  3. Transmitted to Governor

    4/8/2025Senate
  4. Signed by Speaker

    4/8/2025House
  5. Signed by President

    4/2/2025Senate
  6. Returned from Enrolling

    3/30/2025Senate
  7. Sent to Enrolling

    3/28/2025Senate
  8. 3rd Reading Concurred

    3/28/2025House
  9. 2nd Reading Concurred

    3/27/2025House
  10. Committee Report--Bill Concurred

    3/25/2025House
  11. Committee Executive Action--Bill Concurred

    3/24/2025House
  12. First Reading

    2/17/2025House
  13. Referred to Committee

    2/17/2025House
  14. Transmitted to House

    2/14/2025Senate
  15. 3rd Reading Passed

    2/14/2025Senate
  16. 2nd Reading Passed as Amended

    2/12/2025Senate
  17. 2nd Reading Motion to Amend Carried

    2/12/2025Senate
  18. Committee Report--Bill Passed as Amended

    2/10/2025Senate
  19. Committee Executive Action--Bill Passed as Amended

    2/6/2025Senate
  20. Hearing

    1/25/2025Senate
  21. Referred to Committee

    1/15/2025Senate
  22. First Reading

    1/14/2025Senate
  23. Introduced

    1/13/2025Senate

Bill Text

  • Enrolled

    4/15/2025

  • As Amended (Version 4)

    3/28/2025

  • As Amended (Version 3)

    2/13/2025

  • As Amended (Version 2)

    2/10/2025

  • Introduced

    1/13/2025

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