Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                          SB 458.1
                                               SENATE BILL NO. 458
                                            INTRODUCED BY C. GLIMM
  3
  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING THE LAWS TO PROVIDE A COMMON
  DEFINITION FOR THE WORD "SEX" WHEN REFERRING TO A HUMAN; AND AMENDING SECTIONS 1-1-
  201, 2-18-208, 7-15-4207, 7-34-2123, 13-27-408, 13-35-301, 13-38-201, 20-7-1306, 20-9-327, 20-25-501, 20-
  25-707, 22-2-306, 33-1-201, 35-20-209, 39-2-912, 40-1-107, 40-1-401, 40-5-907, 40-5-1031, 41-5-103, 42-2-
  204, 45-5-625, 46-19-301, 46-19-401, 46-32-105, 49-1-102, 49-2-101, 49-3-101, 50-5-105, 50-5-602, 50-11-
  101, 50-15-101, 50-19-103, 50-60-214, 53-20-142, 53-21-121, 53-21-142, 60-5-514, 60-5-522, 61-5-107, AND
  72-1-103, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 1-1-201, MCA, is amended to read:
          "1-1-201. Terms of wide applicability. (1) Unless the context requires otherwise, the following
  definitions apply in the Montana Code Annotated:
          (a)      "Female" means a member of the human species that, under normal development, produces a
  relatively large, relatively immobile gamete, or egg, during her life cycle and has a reproductive and endocrine
  system oriented around the production of that gamete.
          (b)      "Male" means a member of the human species that, under normal development, produces
  small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented
  around the production of that gamete.
          (a)(c)   "Oath" includes an affirmation or declaration.
          (b)(d)   "Person" includes a corporation or other entity as well as a natural person.
          (c)(e)   "Several" means two or more.
          (f)      "Sex" means the organization of the body and gametes for reproduction in human beings and
  other organisms. In human beings, there are exactly two sexes, male and female, with two corresponding
  gametes. The sexes are determined by the biological indication of male or female, including sex chromosomes,
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68th Legislature 2023                                                                                                 SB 458.1
  gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's
  psychological, chosen, or subjective experience of gender.
          (d)(g)   "State", when applied to the different parts of the United States, includes the District of
  Columbia and the territories.
          (e)(h)   "United States" includes the District of Columbia and the territories.
          (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."
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          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; 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."
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          Section 3. 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, race, creed, religion, age,
  physical or mental disability, color, or national origin."
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          Section 4. Section 7-34-2123, MCA, is amended to read:
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68th Legislature 2023                                                                                              SB 458.1
          "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. 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."
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          Section 5. 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; 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 6. 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.
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68th Legislature 2023                                                                                               SB 458.1
            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, 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.""
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            Section 7. Section 13-38-201, MCA, is amended to read:
            "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, 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
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68th Legislature 2023                                                                                               SB 458.1
  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."
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          Section 8. 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. (Void on occurrence of contingency--sec. 6, Ch. 405, L. 2021.)
          (3)       For the purposes of this section, "female", "male", and "sex" are defined in 1-1-201."
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          Section 9. 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:
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68th Legislature 2023                                                                                             SB 458.1
          (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
  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, 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-
  22-301, 37-23-201, 37-24-301, or 37-25-302; 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."
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68th Legislature 2023                                                                                                   SB 458.1
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          Section 10. 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, 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."
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          Section 11. Section 20-25-707, MCA, is amended to read:
          "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, age, marital status, physical or mental disability, ancestry, or
  natio