Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                           HB 852.1
                                                  HOUSE BILL NO. 852
      INTRODUCED BY J. COHENOUR, T. WELCH, C. KEOGH, J. HAMILTON, J. WINDY BOY, S. GIST, P.
                           GREEN, R. MINER, J. LYNCH, J. KARLEN, D. BAUM, N. DURAM
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE HONOR AND REMEMBER ACT; INCLUDING
  THE SPACE FORCE AS A COMPONENT OF THE UNITED STATES ARMED FORCES; PROVIDING FOR
  THE CREATION OF A COMMEMORATIVE MEMORIAL COIN FOR FAMILY MEMBERS OF ELIGIBLE
  VETERANS; PROVIDING FOR DISTRIBUTION OF MEMORIAL COINS TO FAMILY MEMBERS; PROVIDING
  A DEFINITION; AND AMENDING SECTIONS 10-2-802, 10-2-803, 10-2-804, 10-2-805, AND 10-2-807, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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            Section 1. Section 10-2-802, MCA, is amended to read:
            "10-2-802.   Definitions. As used in this part, the following definitions apply:
            (1)      "Eligible service member" means a service member who meets the criteria established in 10-2-
  804(2).
            (2)      "Eligible veteran" means a veteran of the United States armed forces who was a citizen of
  Montana at any time during the veteran's military service.
            (2)(3)   "Family member" means the spouse of an eligible service member or a person who is a parent,
  child, brother, sister, or grandparent of an eligible service member by lineage, adoption, legal guardianship, or
  marriage.
            (3)(4)   "United States armed forces" means the active and reserve components of the United States
  army, marine corps, navy, air force, and coast guard, and space force."
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            Section 2. Section 10-2-803, MCA, is amended to read:
            "10-2-803.   Honor and remember medallion -- commemorative memorial coin. (1) There is an
  honor and remember medallion for family members of eligible service members.
            (2)      There is a commemorative memorial coin for family members of eligible veterans.
                                                                -1-                      Authorized Print Version – HB 852
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68th Legislature 2023                                                                                             HB 852.1
          (3)       To the extent that funding is available for the purposes of this part, the department shall
  administer the provisions of this part and provide for the design and production of the medallion and coin and
  for its their distribution, along with the joint resolution under 10-2-806, to eligible family members."
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          Section 3. Section 10-2-804, MCA, is amended to read:
          "10-2-804.    Family member application -- eligibility determination. (1) A family member of an
  eligible service member may apply for the honor and remember medallion and a family member of an eligible
  veteran may apply for the commemorative memorial coin using a form and in a manner prescribed by the
  department, including providing the documentation requested by the department.
          (2)       (a) An eligible service member is a member of the United States armed forces who:
          (i)       was killed in action or classified by the United States as missing in action on or after September
  8, 1939, while:
          (A)       engaged in an action against an enemy of the United States;
          (B)       serving with friendly foreign forces engaged in an armed conflict in which the United States was
  not a belligerent party against an opposing armed force; or
          (C)       engaged in military operations involving conflict with an opposing foreign force;
          (ii)      was serving on federal military active duty orders; and
          (iii)     was a legal resident of Montana at the time.
          (b)       The department shall determine how the criteria described in subsection (2)(a) is to be defined
  and documented for the purposes of this part.
          (3)       Upon On receipt of an application, the department shall determine whether the family member
  is eligible to receive the medallion or coin and notify the family member of the determination."
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          Section 4. Section 10-2-805, MCA, is amended to read:
          "10-2-805.    First and subsequent medallions -- cost. (1) The first medallion and the first copy of the
  joint resolution under 10-2-806 provided to a family member of an eligible service member or the first
  commemorative memorial coin provided to a family member of an eligible veteran must be provided without
  cost to the family member.
                                                                -2-                      Authorized Print Version – HB 852
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68th Legislature 2023                                                                                              HB 852.1
          (2)      After the first medallion or coin has been provided to a family member, additional family
  members of the eligible service member or the eligible veteran may, in a manner prescribed by the department,
  purchase additional medallions and copies of the joint resolution or coins for an amount that may not exceed
  the actual cost to the department for providing the additional medallions and joint resolutions or coins.
          (3)      A family member may receive only one medallion and resolution or coin.
          (4)      Payments received pursuant to this section must be deposited to the account established in
  10-2-807."
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          Section 5. Section 10-2-807, MCA, is amended to read:
          "10-2-807.   Account Accounts established -- statutory appropriation. (1) (a) There is an account
  in the state special revenue fund provided for in 17-2-102 to the credit of the department for the honor and
  remember medallion program.
          (2)(b)   Gifts, grants, and donations provided for the purposes of this part and payments received
  under 10-2-805 must be deposited to this account.
          (3)(c)   Money in the account is statutorily appropriated, as provided in 17-7-502, to the department
  and may be used only for the purposes of this part.
          (2)      (a) There is an account in the state special revenue fund provided for in 17-2-102 to the credit
  of the department for the commemorative memorial coin program.
          (b)      Gifts, grants, and donations provided for the purposes of this part and payments received
  under 10-2-805 must be deposited to this account.
          (c)      Money in the account is statutorily appropriated, as provided in 17-7-502, to the department
  and may be used only for the purposes of this part."
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                                                               -3-                    Authorized Print Version – HB 852
Statutes affected: 
HB0852_1.pdf: 10-2-802, 10-2-803, 10-2-804, 10-2-805, 10-2-807
HB0852_2.pdf: 10-2-802, 10-2-803, 10-2-804, 10-2-805, 10-2-807
HB0852_3.pdf: 10-2-802, 10-2-803, 10-2-804, 10-2-805, 10-2-807
Amended: 10-2-802, 10-2-803, 10-2-804, 10-2-805, 10-2-807
Introduced: 10-2-802, 10-2-803, 10-2-804, 10-2-805, 10-2-807