2021 Montana Legislature

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(Primary Sponsor)_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

 

A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING CERTAIN NONPROFIT CORPORATIONS FROM PURCHASING AGRICULTURAL LAND; PROVIDING AN APPROPRIATION; PROVIDING DEFINITIONS; and PROVIDING AN IMMEDIATE EFFECTIVE date and AN APPLICABILITY DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

NEW SECTION. Section 1.Definitions. As used in [sections 1 through 3], unless the context clearly indicates otherwise, the following definitions apply:

(1) "Agricultural land" means class three property as defined in 15-6-133.

(2) "Nonprofit corporation" means an organization exempt from taxation under section 501(c) of the Internal Revenue Code, 26 U.S.C. 501(c), as amended.

 

NEW SECTION. Section 2.Acquisition of agricultural land by nonprofit corporations -- prohibited. (1) Except as provided in subsection (2), nonprofit corporations may not purchase agricultural land in parcels larger than 80 acres on or after [the effective date of this act].

(2) This section does not apply to:

(a) churches or religious corporations;

(b) schools, colleges, or universities;

(c) hospitals, medical research organizations, or facilities that care for the elderly or handicapped;

(d) organizations that provide low-income housing;

(e) cemetery corporations;

(f) organizations that operate residential treatment centers; or

(g) organizations that provide housing to military veterans.

 

NEW SECTION. Section 3.Attorney general notification. The attorney general shall notify existing Montana nonprofit organizations by mail of the provisions of [section 2].

 

NEW SECTION. Section 4.Appropriation. There is appropriated $1 from the state general fund to the department of justice for the biennium beginning July 1, 2021, for the purpose of [section 3].

 

NEW SECTION. Section 5.Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 35, chapter 2, and the provisions of Title 35, chapter 2, apply to [sections 1 and 2].

 

NEW SECTION. Section 6.Effective date. [This act] is effective on passage and approval.

 

NEW SECTION. Section 7.Applicability. [This act] applies to any acquisition of agricultural land by a nonprofit corporation that is not finalized prior to [the effective date of this act].

 


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