Amendments to house Bill No. 92
Reference Copy
Requested by Click here to enter text.
For the (H) Committee of the Whole
Prepared by Todd Everts
04/27/2021, 09:04:58
1. Title, line 7.
Following: "COMPENSATION;"
Insert: "PROVIDING FOR AN ELECTION OF REMEDIES;"
2. Title, line 9.
Following: "LITIGATION;"
Insert: "PROVIDING FOR COUNTY AND CONSOLIDATED GOVERNMENT CONTRIBUTION TOWARD DAMAGES, COSTS, AND ATTORNEY FEES AWARDED;"
3. Title, line 10.
Strike: "AN APPROPRIATION"
Insert: "A STATUTORY APPROPRIATION"
4. Title, line 10.
Strike: "SECTION"
Insert: "SECTIONS 17-7-502 AND"
5. Title, line 11.
Following: "DATE"
Insert: "AND A TERMINATION DATE"
6. Page 1, line 15.
Strike: "7"
Insert: "8"
7. Page 1, line 26.
Following: "state"
Insert: "and county of conviction"
8. Page 1, line 27.
Strike: "5"
Insert: "6"
9. Page 2, line 9.
Strike: "7"
Insert: "8"
10. Page 2, line 13.
Strike: "7"
Insert: "8"
11. Page 2, line 20 through page 3, line 1.
Strike: subsections (5) and (6) in their entirety
12. Page 3.
Following: line 1
Insert: "NEW SECTION. Section 3. Election of remedies. (1) To be eligible to receive relief under [section 2], the claimant shall affirmatively waive any and all other remedies, causes of action, and other forms of relief or compensation against the state, any political subdivision of the state, and their officers, employees, agents, and volunteers related to the claimant's wrongful conviction and imprisonment. This waiver includes all state, common law, and federal claims for relief, including claims pursuant to 42 U.S.C. 1983. The claimant shall execute a release of all claims against the state, any political subdivision of the state, and their officers, employees, agents and volunteers arising from the facts contained in the petition prior to the payment of any damages or compensation or the receipt of a housing voucher under [section 6].
(2) An individual who has a legal proceeding pending or in which judgment has been entered in state or federal court seeking damages or relief for wrongful conviction or imprisonment based on facts that could establish a cognizable claim pursuant to [sections 1 through 8] may not bring a claim under [section 2]."
Renumber: subsequent sections
13. Page 3, line 5.
Strike: "7"
Insert: "8"
Following: "justice"
Insert: "and the county of conviction"
14. Page 3, line 6.
Following: "state"
Insert: "and the county of conviction shall provide its own defense"
Strike: "7"
Insert: "8"
15. Page 3, line 7.
Strike: "7"
Insert: "8"
16. Page 3, line 9.
Strike: "7"
Insert: "8"
17. Page 3, line 10.
Strike: "7"
Insert: "8"
18. Page 4, line 1.
Following: "state,"
Insert: "the county of conviction,"
19. Page 4, line 5.
Following: "justice"
Insert: "and the county of conviction"
Strike: "7"
Insert: "8"
20. Page 4, line 7 through line 10.
Strike: subsection (9) in its entirety
21. Page 5, line 25.
Strike: "7"
Insert: "8"
22. Page 5, line 28.
Following: "paid"
Strike: "solely by the state"
23. Page 6, line 1.
Strike: "7"
Insert: "8"
24. Page 6, line 19.
Strike: "7"
Insert: "8"
25. Page 7, line 4.
Strike: "7"
Insert: "8"
26. Page 7, line 6 through line 26.
Strike: subsections (1) and (2) in their entirety
Insert: "In the event the waiver or release provided under [section 3(1)] is held invalid in whole or in part for any reason:
(1) if, at the time of an award of monetary damages or compensation under [section 6], the claimant has also been awarded damages against the state, a political subdivision, or their officers, employees, agents, or volunteers in a civil action related to the claimant's same wrongful conviction or imprisonment, including any settlement, the amount awarded under [section 6] must be reduced by the amount of damages or compensation previously awarded; and
(2) if, after the time of an award of monetary damages or compensation under [section 6], the claimant is awarded damages against the state, a political subdivision, or their officers, employees, agents, or volunteers in a civil action related to the claimant's same wrongful conviction or imprisonment, including any settlement, the claimant shall reimburse to the state or a political subdivision of the state any amount awarded under [section 6]."
27. Page 8, line 3.
Strike: "7"
Insert: "8"
28. Page 8.
Following: line 3
Insert: "(3) (a) Funds in the account may come from grants, gifts, donations, fund transfers, and funds received from counties and consolidated local governments.
(b) The county or consolidated government where the exoneree was convicted is responsible for 75% of the damages, costs of medical insurance and tuition, costs, and attorney fees awarded to a claimant.
(c) The department of administration shall invoice the responsible county or consolidated government no later than 30 days from the appeal deadline, if no appeal is filed, or no later than 30 days from entry of remittitur by the Montana supreme court.
(d) The county or consolidated local government shall remit payment to the state no later than 30 days of receipt of the invoice."
Renumber: subsequent subsections
29. Page 8.
Following: line 5
Insert: "(5) Funds in the account are statutorily appropriated, as provided in 17-7-502, to the department of administration for payment of damages, costs of medical insurance and tuition, costs, and attorney fees awarded pursuant to [section 6]."
30. Page 8.
Following: line 5
Insert: "Section 9. Section 17-7-502, MCA, is amended to read:
"17-7-502. Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.
(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:
(a) The law containing the statutory authority must be listed in subsection (3).
(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.
(3) The following laws are the only laws containing statutory appropriations: 2-17-105; 5-11-120; 5-11-407; 5-13-403; 5-13-404; 7-4-2502; 10-1-108; 10-1-1202; 10-1-1303; 10-2-603; 10-2-807; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-3-802; 10-3-1304; 10-4-304; 15-1-121; 15-1-218; 15-31-1004; 15-31-1005; 15-35-108; 15-36-332; 15-37-117; 15-39-110; 15-65-121; 15-70-101; 15-70-130; 15-70-433; 16-11-119; 16-11-509; 17-3-106; 17-3-212; 17-3-222; 17-3-241; 17-6-101; 17-7-215; 18-11-112; 19-3-319; 19-3-320; 19-6-404; 19-6-410; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 19-20-604; 19-20-607; 19-21-203; 20-8-107; 20-9-534; 20-9-622; 20-9-905; 20-26-617; 20-26-1503; 22-1-327; 22-3-116; 22-3-117; 22-3-1004; 23-4-105; 23-5-306; 23-5-409; 23-5-612; 23-7-301; 23-7-402; 30-10-1004; 37-43-204; 37-50-209; 37-54-113; 39-71-503; 41-5-2011; 42-2-105; 44-4-1101; 44-12-213; 44-13-102; [section 8]; 50-1-115; 53-1-109; 53-6-148; 53-9-113; 53-24-108; 53-24-206; 60-11-115; 61-3-321; 61-3-415; 67-1-309; 69-3-870; 69-4-527; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 75-26-308; 76-13-151; 76-13-150; 76-17-103; 76-22-109; 77-1-108; 77-2-362; 80-2-222; 80-4-416; 80-11-518; 80-11-1006; 81-1-112; 81-1-113; 81-7-106; 81-7-123; 81-10-103; 82-11-161; 85-2-526; 85-20-1504; 85-20-1505; [ 85-25-102]; 87-1-603; 90-1-115; 90-1-205; 90-1-504; 90-6-331; and 90-9-306.
(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 10, Ch. 360, L. 1999, the inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement system's unfunded liability is 10 years or less; pursuant to sec. 73, Ch. 44, L. 2007, the inclusion of 19-6-410 terminates contingently upon the death of the last recipient eligible under 19-6-709(2) for the supplemental benefit provided by 19-6-709; pursuant to sec. 27, Ch. 285, L. 2015, and sec. 1, Ch. 292, L. 2015, the inclusion of 53-9-113 terminates June 30, 2021; pursuant to sec. 6, Ch. 291, L. 2015, the inclusion of 50-1-115 terminates June 30, 2021; pursuant to sec. 5, Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on occurrence of contingency; pursuant to sec. 6, Ch. 423, L. 2015, the inclusion of 22-3-116 and 22-3-117 terminates June 30, 2025; pursuant to sec. 33, Ch. 457, L. 2015, the inclusion of 20-9-905 terminates December 31, 2023; pursuant to sec. 12, Ch. 55, L. 2017, the inclusion of 37-54-113 terminates June 30, 2023; pursuant to sec. 4, Ch. 122, L. 2017, the inclusion of 10-3-1304 terminates September 30, 2025; pursuant to sec. 55, Ch. 151, L. 2017, the inclusion of 30-10-1004 terminates June 30, 2021; pursuant to sec. 1, Ch. 213, L. 2017, the inclusion of 90-6-331 terminates June 30, 2027; pursuant to secs. 5, 8, Ch. 284, L. 2017, the inclusion of 81-1-112, 81-1-113, and 81-7-106 terminates June 30, 2023; pursuant to sec. 1, Ch. 340, L. 2017, the inclusion of 22-1-327 terminates July 1, 2023; pursuant to sec. 10, Ch. 374, L. 2017, the inclusion of 76-17-103 terminates June 30, 2027; pursuant to sec. 5, Ch, 50, L. 2019, the inclusion of 37-50-209 terminates September 30, 2023; pursuant to sec. 1, Ch. 408, L. 2019, the inclusion of 17-7-215 terminates June 30, 2029; pursuant to secs. 11, 12, and 14, Ch. 343, L. 2019, the inclusion of 15-35-108 terminates June 30, 2027; pursuant to sec. 7, Ch. 465, L. 2019, the inclusion of 85-2-526 terminates July 1, 2023; and pursuant to sec. 5, Ch. 477, L. 2019, the inclusion of 10-3-802 terminates June 30, 2023.)""
Renumber: subsequent sections
31. Page 8, line 12.
Strike: "5(7)"
Insert: "6(7)"
32. Page 8, line 18 through line 19.
Following: "funds." on line 18
Strike: remainder of line 18 through line 19 in their entirety
Insert: "After the appeal deadline, if no appeal is filed, or no later than 30 days from entry of remittitur by the Montana supreme court, 25% of the damages, costs of medical insurance and tuition, costs, and attorney fees awarded to the claimant shall be transferred from the general fund to the account established in [section 8]."
33. Page 8, line 21 through line 23.
Strike: section 10 in its entirety
Renumber: subsequent sections
34. Page 8, line 25.
Strike: "7"
Insert: "8"
35. Page 8, line 26.
Strike: "7"
Insert: "8"
36. Page 9.
Following: line 4
Insert: "NEW SECTION. Section 15. Termination. [This act] terminates June 30, 2023."