Bill Summary – FastDemocracy

66th Legislature                                                                                            HB0533.01
                                              HOUSE BILL NO. 533
                                         INTRODUCED BY J. KARJALA
 3
 A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING THE MARRIAGE OF PERSONS UNDER 18 YEARS
 OF AGE; AMENDING SECTIONS 1-1-215, 1-5-615, 15-61-102, 19-6-101, 19-9-104, 19-13-104, 19-17-102,
 19-19-503, 20-5-501, 27-1-718, 39-71-116, 40-1-104, 40-1-202, 40-1-203, 40-1-401, 40-1-402, 40-5-201,
 40-5-278, 40-5-701, 40-6-221, 40-6-234, 40-6-501, 41-1-401, 41-1-402, 41-1-404, 41-1-405, 41-1-406, 41-3-102,
 41-5-103, 41-5-1402, 50-20-503, 70-1-404, 72-5-103, 72-5-104, 72-5-211, 72-5-222, 72-5-231, 72-5-233,
 72-5-427, AND 87-2-102, MCA; REPEALING SECTIONS 40-1-213 AND 40-2-315, MCA; AND PROVIDING AN
 IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."
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 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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         Section 1. Section 1-1-215, MCA, is amended to read:
         "1-1-215. Residence -- rules for determining. Every person has, in law, a residence. In determining
 the place of residence, the following rules are to be observed:
         (1) It is the place where a person remains when not called elsewhere for labor or other special or
 temporary purpose and to which the person returns in seasons of repose.
         (2) There may be only one residence. If a person claims a residence within Montana for any purpose,
 then that location is the person's residence for all purposes unless there is a specific statutory exception.
         (3) A residence cannot be lost until another is gained.
         (4) The residence of an unmarried a minor is:
         (a) the residence of the minor's parents;
         (b) if one of the parents is deceased or the parents do not share the same residence, the residence of
 the parent having legal custody;
         (c) if neither parent has legal custody, the residence of the legal guardian or custodian appointed by a
 court of competent jurisdiction; or
         (d) if the conditions in 20-5-502 are met, the residence of the caretaker relative.
         (5) In the case of a controversy, the district court has jurisdiction over which residence is the residence
 of an unmarried a minor.
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          (6) Except as provided in Title 20, chapter 5, part 5, and this section, the residence of an unmarried a
 minor who has a parent living cannot be changed by either the minor's own act or an act of the minor's guardian.
          (7) The residence can be changed only by the union of act and intent."
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          Section 2. Section 1-5-615, MCA, is amended to read:
          "1-5-615. Notification regarding performance of notarial act on electronic record -- selection of
 technology. (1) (a) A notary public may select one or more tamper-evident technologies to perform notarial acts
 with respect to electronic records.
          (b) A person may not require a notary public to perform a notarial act with respect to an electronic record
 with a technology that the notary public has not selected.
          (2) Before a notary public performs the notary public's initial notarial act with respect to an electronic
 record, a notary public shall:
          (a) notify the secretary of state that the notary public will be performing notarial acts with respect to
 electronic records; and
          (b) identify the technology the notary public intends to use. If the secretary of state has established by
 rule the standards for the technology used by the notary public, the technology must comply with the standards.
 If the technology complies with the standards, the secretary of state shall approve the use of the technology.
          (3) A notary public in this state may perform acknowledgments or verifications on oath or affirmation by
 means of a real-time, two-way audio-video communication, according to the rules and standards established by
 the secretary of state, if:
          (a) the signer is personally known to the notary or identified by a credible witness and, except for a
 transaction described in subsection (3)(b)(iv), is a legal resident of this state; and
          (b) the transaction:
          (i) involves real property located in this state;
          (ii) involves personal property titled in this state;
          (iii) is under the jurisdiction of any court in this state; or
          (iv) is pursuant to a proxy marriage under 40-1-213 or 40-1-301."
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          Section 3. Section 15-61-102, MCA, is amended to read:
          "15-61-102. Definitions. As used in this chapter, unless it clearly appears otherwise, the following
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 definitions apply:
            (1) "Account administrator" means:
            (a) a state or federally chartered bank, savings and loan association, credit union, or trust company;
            (b) a health care insurer as defined in 33-22-125;
            (c) a certified public accountant licensed to practice in this state pursuant to Title 37, chapter 50;
            (d) an employer if the employer has a self-insured health plan under ERISA;
            (e) the account holder or an employee for whose benefit the account in question is established;
            (f) a broker, insurance producer, or investment adviser regulated by the commissioner of insurance;
            (g) an attorney licensed to practice law in this state;
            (h) a person who is an enrolled agent allowed to practice before the United States internal revenue
 service.
            (2) "Account holder" means an individual who is a resident of this state and who establishes a medical
 care savings account or for whose benefit the account is established.
            (3) "Consumer price index" means the consumer price index, United States city average, for all items,
 for all urban consumers, as published by the bureau of labor statistics of the United States department of labor.
            (4) "Dependent" means the spouse of the employee or account holder or a child of the employee or
 account holder if the child is:
            (a) under 23 years of age and enrolled as a full-time student at an accredited college or university or is
 under 19 years of age;
            (b) legally entitled to the provision of proper or necessary subsistence, education, medical care, or other
 care necessary for the health, guidance, or well-being of the child and is not otherwise emancipated,
 self-supporting, married if 18 years of age or older, or a member of the armed forces of the United States; or
            (c) mentally or physically incapacitated to the extent that the child is not self-sufficient.
            (5) "Eligible medical expense" means:
            (a) an expense paid by the employee or account holder for medical care defined by 26 U.S.C. 213(d);
            (b) an expense for long-term care, including long-term care insurance or a long-term care annuity; and
            (c) a family leave expense.
            (6) "Employee" means an employed individual for whose benefit or for the benefit of whose dependents
 a medical care savings account is established. The term includes a self-employed individual.
            (7) "ERISA" means the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq.
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66th Legislature                                                                                         HB0533.01
          (8) "Family leave expense" means:
          (a) an expense, calculated monthly, approximating wages lost while caring for an immediate family
 member for the purposes allowed under the Family and Medical Leave Act of 1993, 29 U.S.C. 2601, et seq., and
 29 CFR, part 825. A family leave expense is calculated by multiplying the hourly wage that the caregiver would
 have been paid by the number of hours that would typically be spent working but were instead spent caring for
 an immediate family member. The hourly wage for a person paid a salary is the gross annual wage divided by
 2,087.
          (b) a premium paid for family leave insurance.
          (9) "Immediate family member" means a parent, spouse, or child.
          (10) "Medical care savings account" or "account" means an account established with an account
 administrator in this state pursuant to 15-61-201."
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          Section 4. Section 19-6-101, MCA, is amended to read:
          "19-6-101. Definitions. Unless the context requires otherwise, the following definitions apply in this
 chapter:
          (1) (a) "Compensation" means remuneration paid from funds controlled by an employer in payment for
 the member's services or for time during which the member is excused from work because the member has taken
 compensatory leave, sick leave, annual leave, or a leave of absence before any pretax deductions allowed by
 state or federal law are made.
          (b) Compensation does not include:
          (i) maintenance, allowances, and expenses; or
          (ii) bonuses provided after July 1, 2013, that are one-time, temporary payments in addition to and not
 considered part of base pay.
          (2) "Dependent child" means an unmarried a child of a deceased retired member, who is:
          (a) under 18 years of age; or
          (b) unmarried, under 24 years of age, and attending an accredited postsecondary educational institution
 as a full-time student in anticipation of receiving a certificate or degree.
          (3) (a) "Highest average compensation" means a member's highest average monthly compensation
 during any 36 consecutive months of membership service or, in the event a member has not served at least 36
 months, the total compensation earned divided by the number of months of service.
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          (b) Lump-sum payments for compensatory leave, sick leave, and annual leave paid to the member upon
 termination of employment may be used in the calculation of a retirement benefit only to the extent that they are
 used to replace, on a month-for-month basis, the normal compensation for a month or months included in the
 calculation of the highest average compensation. A lump-sum payment may not be added to a single month's
 compensation.
          (c) Excess earnings limits must be applied to the calculation of the highest average compensation
 pursuant to 19-2-1005(2).
          (4) "Surviving spouse" means the spouse married to a retired member at the time of the retired member's
 death.
          (5) "Survivor" means a surviving spouse or dependent child of a member."
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          Section 5. Section 19-9-104, MCA, is amended to read:
          "19-9-104. Definitions. Unless the context requires otherwise, the following definitions apply in this
 chapter:
          (1) (a) "Compensation" means the remuneration paid from funds controlled by an employer in payment
 for the member's services before any pretax deductions allowed by state or federal law are made.
          (b) Compensation does not include:
          (i) overtime, holiday payments, shift differential payments, compensatory time payments, and payments
 in lieu of sick leave and annual leave;
          (ii) maintenance, allowances, and expenses; or
          (iii) bonuses provided after July 1, 2013, that are one-time, temporary payments in addition to and not
 considered part of base pay.
          (2) "Dependent child" means a child of a deceased member:
          (a) who is unmarried and under 18 years of age; or
          (b) who is unmarried, under 24 years of age, and attending an accredited postsecondary educational
 institution as a full-time student in anticipation of receiving a certificate or degree.
          (3) "Employer" means any city that participated in a prior plan or that elects to join this retirement system
 under 19-9-207.
          (4) (a) "Final average compensation" means the monthly compensation of a member averaged over the
 last 36 months of the member's service or, in the event a member has not served at least 36 months, the total
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 compensation earned divided by the number of months of service.
         (b) Excess earnings limits must be applied to the calculation of the final average compensation pursuant
 to 19-2-1005(2).
         (5) "Minimum retirement date" means the first day of the month coinciding with or, if none coincides, the
 date on which a member both becomes age 50 and completes 5 years of membership service.
         (6) Any reference to "municipality", "city", or "town" includes those jurisdictions that, prior to the effective
 date of a county-municipal consolidation, were incorporated municipalities, subsequent districts created for urban
 law enforcement services, or the entire county included in the county-municipal consolidation.
         (7) "Police officer" means an appointed, lawfully trained, appropriately salaried, and regularly acting
 officer with the requisite professional certification and licensing.
         (8) "Prior plan" means the local police reserve or pension trust fund of a city that elects to join the
 retirement system under 19-9-207.
         (9) "Retirement date" means the date on which the first payment of the retirement, disability, or
 survivorship benefits of a member or a survivor is payable.
         (10) "Surviving spouse" means the spouse married to a member at the time of the member's death.
         (11) "Survivor" means a surviving spouse or dependent child of the member."
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         Section 6. Section 19-13-104, MCA, is amended to read:
         "19-13-104. Definitions. Unless the context requires otherwise, the following definitions apply in this
 chapter:
         (1) Any reference to "city" or "town" includes those jurisdictions that, before the effective date of a
 county-municipal consolidation, were incorporated municipalities, subsequent districts created for urban
 firefighting services, or the entire county included in the county-municipal consolidation.
         (2) "Compensation" means:
         (a) for a full-paid firefighter, the remuneration paid from funds controlled by an employer in payment for
 the member's services before any pretax deductions allowed by state and federal law are made;
         (b) for a part-paid firefighter employed by a city of the second class:
         (i) 15% of the regular remuneration, excluding overtime, holiday payments, shift differential payments,
 compensatory time payments, and payments in lieu of sick leave, paid on July 1 of each year to a newly
 confirmed, full-paid firefighter of the city that employs the part-paid firefighter; or
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          (ii) if that city does not employ a full-paid firefighter, 15% of the average regular remuneration, excluding
 overtime, holiday payments, shift differential payments, compensatory time payments, and payments in lieu of
 sick leave, paid on July 1 of each year to all newly confirmed, full-paid firefighters employed by cities of the
 second class.
          (c) Compensation for full-paid and part-paid firefighters does not include:
          (i) overtime, holiday payments, shift differential payments, compensatory time payments, and payments
 in lieu of sick leave;
          (ii) maintenance, allowances, and expenses; or
          (iii) bonuses provided after July 1, 2013, that are one-time, temporary payments in addition to and not
 considered part of base pay.
          (3) "Dependent child" means a child of a deceased member who is:
          (a) unmarried and under 18 years of age; or
          (b) unmarried, under 24 years of age, and attending an accredited postsecondary educational institution
 as a full-time student in anticipation of receiving a certificate or degree.
          (4) "Employer" means:
          (a) any city that is of the first or second class or that elects to join this retirement system under
 19-13-211;
          (b) a city or a rural fire district referred to in 19-13-210(3);
          (c) with respect to firefighters covered in the retirement system pursuant to 19-13-210(2), the department
 of military affairs established in 2-15-1201; and
          (d) any other statutorily allowed entity that elects to join this retirement system pursuant to 19-13-210.
          (5) "Firefighter" means a person employed as a full-paid or part-paid firefighter by an employer.
          (6) "Full-paid firefighter" means a person appointed pursuant to 7-33-4106 by an employer as a firefighter
 meeting the standards provided in 7-33-4107.
          (7) (a) "Highest average compensation" means the monthly compensation of a member averaged over
 t