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Montana bill would let donors sue over broken endowment agreements but bar refunding gifts
Summary
Senate Bill 134 would let donors and named legal representatives enforce written endowment agreements in court, require a 90-day notice and permit courts to order remedies short of returning donated funds; sponsor and philanthropy groups say it clarifies donor intent, critics asked about retroactivity and scope.
Sen. Greg Hertz, sponsor of Senate Bill 134, told the House Judiciary Committee the bill creates ‘‘the Safeguarding Endowment Gifts Act’’ to give donors a legal pathway to enforce written endowment agreements and to restore donor confidence in charitable giving. Hertz said courts could order remedies that keep funds devoted to their intended charitable purpose — such as directing future compliance or transferring gifts to a charity with a similar mission — but would not allow donors or estates to reclaim donated money or to…
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