Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                           HB 932.1
                                                HOUSE BILL NO. 932
                                             INTRODUCED BY J. READ
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING FUNERAL SERVICES LICENSING AND REPORTING
  LAWS; REPEALING THE BOARD OF FUNERAL SERVICES; TRANSFERRING THE DUTIES OF THE
  BOARD OF FUNERAL SERVICES TO THE DEPARTMENT OF LABOR AND INDUSTRY; REVISING
  DEFINITIONS; CREATING A NEW LICENSE FOR A FUNERAL DIRECTOR; PROVIDING FOR
  QUALIFICATIONS AND A LICENSING FEE FOR A FUNERAL DIRECTOR; REVISING REQUIREMENTS
  FOR APPRENTICESHIPS; REMOVING THE REQUIREMENT OF PRENEED FINANCIAL REPORTING TO
  THE DEPARTMENT OF LABOR AND INDUSTRY; REQUIRING A CERTIFIER OF A DEATH CERTIFICATE
  TO REGISTER ON THE ELECTRONIC DEATH REGISTRATION SYSTEM; CLARIFYING THE PROCESS TO
  TRANSFER DEATH CERTIFICATES TO A MORTUARY OR CREMATORY; PROVIDING RULEMAKING
  AUTHORITY; AMENDING SECTIONS 5-11-222, 7-4-2631, 7-4-2901, 7-4-2904, 35-21-812, 37-1-401, 37-3-
  305, 37-3-307, 37-8-409, 37-19-101, 37-19-204, 37-19-302, 37-19-303, 37-19-304, 37-19-307, 37-19-308, 37-
  19-315, 37-19-401, 37-19-402, 37-19-403, 37-19-702, 37-19-703, 37-19-705, 37-19-708, 37-19-807, 37-19-
  808, 37-19-814, 37-19-815, 37-19-816, 37-19-822, 37-19-823, 37-19-827, 37-19-831, 50-15-109, AND 50-15-
  403, MCA; AND REPEALING SECTIONS 2-15-1743, 37-19-201, AND 37-19-202, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 5-11-222, MCA, is amended to read:
          "5-11-222.    Reports to legislature. (1) (a) Except as provided in subsection (1)(b) and (6), a report to
  the legislature means a biennial report required by the legislature and filed in accordance with 5-11-210 on or
  before September 1 of each year preceding the convening of a regular session of the legislature.
          (b)   If otherwise specified in law, a report may be required more or less frequently than the biennial
  requirement in subsection (1)(a).
          (2)   Reports to the legislature include:
          (a)   annual reports on the unified investment program for public funds and public retirement systems
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68th Legislature 2023                                                                                               HB 932.1
  and state compensation insurance fund assets audits from the board of investments in accordance with Article
  VIII, section 13 of the Montana constitution;
            (b)   federal mandates requirements from the governor in accordance with 2-1-407;
            (c)   activities of the state records committee in accordance with 2-6-1108;
            (d)   revenue studies from the director of revenue, if requested, in accordance with 2-7-104;
            (e)   legislative audit reports from the legislative audit division in accordance with 2-8-112 and 23-7-
  410;
            (f)   progress on gender and racial balance from the governor in accordance with 2-15-108;
            (g)   a mental health report from the ombudsman in accordance with 2-15-210;
            (h)   policies related to children and families from the interagency coordinating council for state
  prevention in accordance with 2-15-225;
            (i)   watercourse name changes, if any, from the secretary of state in accordance with 2-15-401;
            (j)   results of programs established in 2-15-3111 through 2-15-3113 from the livestock loss board in
  accordance with 2-15-3113;
            (k)   the allocation of space report from the department of administration required in accordance with 2-
  17-101;
            (l)   information technology activities in accordance with 2-17-512;
            (m)    state strategic information technology plan exceptions, if granted, from the department of
  administration in accordance with 2-17-515;
            (n)   the state strategic information technology plan and biennial report from the department of
  administration in accordance with 2-17-521 and 2-17-522;
            (o)   reports from standing, interim, and administrative committees, if prepared, in accordance with 2-
  17-825 and 5-5-216;
            (p)   statistical and other data related to business transacted by the courts from the court administrator,
  if requested, in accordance with 3-1-702;
            (q)   the judicial standards commission report in accordance with 3-1-1126;
            (r)   an annual report on the actual cost of legislation that had a projected fiscal impact from the office
  of budget and program planning in accordance with 5-4-208;
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68th Legislature 2023                                                                                               HB 932.1
            (s)   a link to annual state agency reports on grants awarded in the previous fiscal year established by
  the legislative finance committee in accordance with 5-12-208;
            (t)   reports prepared by the legislative fiscal analyst, and as determined by the analyst, in accordance
  with 5-12-302(4);
            (u)   a report, if necessary, on administrative policies or rules adopted under 5-11-105 that may impair
  the independence of the legislative audit division in accordance with 5-13-305;
            (v)   if a waste of state resources occurs, a report from the legislative state auditor, in accordance with
  5-13-311;
            (w)    school funding commission reports each fifth interim in accordance with 5-20-301;
            (x)   a report of political committee operations conducted on state-owned property, if required, from a
  political committee to the legislative services division in accordance with 13-37-404;
            (y)   a report concerning taxable value from the department of revenue in accordance with 15-1-205;
            (z)   a report on tax credits from the revenue interim committee in accordance with 15-30-2303;
            (aa) semiannual reports on the Montana heritage preservation and development account from the
  Montana heritage preservation and development commission in accordance with 15-65-121;
            (bb) general marijuana regulation reports from the department of revenue in accordance with 16-12-
  110;
            (cc) medical marijuana registry reports from the department of revenue in accordance with 16-12-
  532(3);
            (dd) annual reports on general fund and nongeneral fund encumbrances from the department of
  administration in accordance with 17-1-102;
            (ee) loans or loan extensions authorized for two consecutive fiscal years from the department of
  administration and office of commissioner of higher education, including negative cash balances from the
  commissioner of higher education, in accordance with 17-2-107;
            (ff) a report of local government entities that have balances contrary to limitations provided for in 17-2-
  302 or that failed to reduce the charge from the department of administration in accordance with 17-2-304;
            (gg) an annual report from the board of investments in accordance with 17-5-1650(2);
            (hh) a report on retirement system trust investments and benefits from the board of investments in
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68th Legislature 2023                                                                                            HB 932.1
  accordance with 17-6-230;
          (ii) recommendations for reductions in spending and related analysis, if required, from the office of
  budget and program planning in accordance with 17-7-140;
          (jj) a statewide facility inventory and condition assessment from the department of administration in
  accordance with 17-7-202;
          (kk) actuary reports and investigations for public retirement systems from the public employees'
  retirement board in accordance with 19-2-405;
          (ll) a work report from the public employees' retirement board in accordance with 19-2-407;
          (mm) annual actuarial reports and evaluations from the teachers' retirement board in accordance with
  19-20-201;
          (nn) reports from the state director of K-12 career and vocational and technical education, as
  requested, in accordance with 20-7-308;
          (oo) 5-year state plan for career and technical education reports from the board of regents in
  accordance with 20-7-330;
          (pp) a gifted and talented students report from the office of public instruction in accordance with 20-7-
  904;
          (qq) status changes for at-risk students from the office of public instruction in accordance with 20-9-
  328;
          (rr) status changes for American Indian students from the office of public instruction in accordance with
  20-9-330;
          (ss) reports regarding the Montana Indian language preservation program from the office of public
  instruction in accordance with 20-9-537;
          (tt) proposals for funding community colleges from the board of regents in accordance with 20-15-309;
          (uu) expenditures and activities of the Montana agricultural experiment station and extension service,
  as requested, in accordance with 20-25-236;
          (vv) reports, if requested by the legislature, from the president of each of the units of the higher
  education system in accordance with 20-25-305;
          (ww) reports, if prepared by a public postsecondary institution, regarding free expression activities on
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68th Legislature 2023                                                                                            HB 932.1
  campus in accordance with 20-25-1506;
          (xx) reports from the Montana historical society trustees in accordance with 22-3-107;
          (yy) state lottery reports in accordance with 23-7-202;
          (zz) a report from the division of banking and financial institutions, if required, from the department of
  administration in accordance with 32-11-306;
          (aaa) state fund reports, if required, from the commissioner in accordance with 33-1-115;
          (bbb) reports from the department of labor and industry in accordance with 39-6-101;
          (ccc) victim unemployment benefits reports from the department of labor and industry in accordance
  with 39-51-2111;
          (ddd) state fund business reports in accordance with 39-71-2363;
          (eee) risk-based capital reports, if required, from the state fund in accordance with 39-71-2375;
          (fff) child custody reports from the office of the court administrator in accordance with 41-3-1004;
          (ggg) reports of remission of fine or forfeiture, respite, commutation, or pardon granted from the
  governor in accordance with 46-23-316;
          (hhh) annual statewide public defender reports from the office of state public defender in accordance
  with 47-1-125;
          (iii) a trauma care system report from the department of public health and human services in
  accordance with 50-6-402;
          (jjj) an older Montanans trust fund report from the department of public health and human services in
  accordance with 52-3-115;
          (kkk) Montana criminal justice oversight council reports in accordance with 53-1-216;
          (lll) medicaid block grant reports from the department of public health and human services in
  accordance with 53-1-611;
          (mmm) reports on the approval and implementation status of medicaid section 1115 waivers in
  accordance with 53-2-215;
          (nnn) provider rate, medicaid waiver, or medicaid state plan change reports from the department of
  public health and human services in accordance with 53-6-101;
          (ooo) medicaid funding reports from the department of public health and human services in
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68th Legislature 2023                                                                                          HB 932.1
  accordance with 53-6-110;
           (ppp) proposals regarding managed care for medicaid recipients, if required, from the department of
  public health and human services in accordance with 53-6-116;
           (qqq) suicide reduction plans from the department of public health and human services in accordance
  with 53-21-1102;
           (rrr) a compliance and inspection report from the department of corrections in accordance with 53-30-
  604;
           (sss) emergency medical services grants from the department of transportation in accordance with 61-
  2-109;
           (ttt) annual financial reports on the environmental contingency account from the department of
  environmental quality in accordance with 75-1-1101;
           (uuu) the Flathead basin commission report in accordance with 75-7-304;
           (vvv) a report from the land board, if prepared, in accordance with 76-12-109;
           (www) an annual state trust land report from the land board in accordance with 77-1-223;
           (xxx) a noxious plant report, if prepared, from the department of agriculture in accordance with 80-7-
  713;
           (yyy) state water plans from the department of natural resources and conservation in accordance with
  85-1-203;
           (zzz) reports on the allocation of renewable resources grants and loans for emergencies, if required,
  from the department of natural resources and conservation in accordance with 85-1-605;
           (aaaa) water storage projects from the governor's office in accordance with 85-1-704;
           (bbbb) upper Clark Fork River basin steering committee reports, if prepared, in accordance with 85-2-
  338;
           (cccc) upland game bird enhancement program reports in accordance with 87-1-250;
           (dddd) private land/public wildlife advisory committee reports in accordance with 87-1-269;
           (eeee) a future fisheries improvement program report from the department of fish, wildlife, and parks in
  accordance with 87-1-272;
           (ffff) license revenue recommendations from the department of fish, wildlife, and parks in accordance
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68th Legislature 2023                                                                                             HB 932.1
  with 87-1-629;
           (gggg) land information data reports from the state library in accordance with 90-1-404;
           (hhhh) hydrocarbon and geology investigation reports from the bureau of mines and geology in
  accordance with 90-2-201;
           (iiii) coal ash markets investigation reports from the department of commerce in accordance with 90-2-
  202;
           (jjjj) an annual report from the pacific northwest electric power and conservation planning council in
  accordance with 90-4-403;
           (kkkk) community property-assessed capital enhancements program reports from the Montana facility
  finance authority in accordance with 90-4-1303;
           (llll) veterans' home loan mortgage loan reports from the board of housing in accordance with 90-6-
  604;
           (mmmm) matching infrastructure planning grant awards by the department of commerce in accordance
  with 90-6-703(3); and
           (nnnn) treasure state endowment program reports from the department of commerce in accordance
  with 90-6-710;
           (3)   Reports to the legislature include reports made to an interim committee as follows:
           (a)   reports to the law and justice interim committee, including:
           (i)   findings of the domestic violence fatality review commission in accordance with 2-15-2017;
           (ii) the report from the missing indigenous persons review commission in accordance with 2-15-2018;
           (iii) reports from the department of justice and public safety officer standards and training council in
  accordance with 2-15-2029;
           (iv) information on the Montana False Claims Act from the department of justice in accordance with 17-
  8-416;
           (v)   annual case status reports from the attorney general in accordance with 41-3-210;
           (vi) office of court administrator reports in accordance with 41-5-2003;
           (vii) statewide public safety communications system activities from the department of justice in
  accordance with 44-4-1606;
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68th Legislature 2023                                                                                                 HB 932.1
           (viii) reports on the status of the crisis intervention team training program from the board of crime
  control in accordance with 44-7-110;
           (ix) restorative justice grant program status and performance from the board of crime control in
  accordance with 44-7-302;
           (x)   reports on offenders under supervision with new offenses or violations from the department of
  corrections in accordance with 46-23-1016;
           (xi) supervision responses gri