HB 121 Montana House · 2025 Regular Session

Provide privacy in certain restrooms, changing rooms, and sleeping quarters

HB 121 requires public facilities like schools, correctional centers, and libraries to designate multi-occupancy restrooms, changing rooms, and sleeping quarters for exclusive use by males or females based on biological sex. It defines "male" and "female" by biological characteristics (chromosomes, reproductive systems), prohibits individuals from entering facilities designated for the opposite sex except for specific exceptions like maintenance or emergencies. The law allows private lawsuits against facilities that fail to enforce these designations or require sharing sleeping quarters with someone of the opposite sex. It directly affects all users of public restrooms, changing areas, and dormitories in covered facilities across Montana.

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

House Passage

Mar 2025

Senate Passage

Mar 2025

Signed into Law

Mar 2025

Introduced Jan 6, 2025 Signed Mar 27, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

HB0121_1(14).pdf → HB0121_2.pdf · 2 edits

MINOR

This bill was amended to replace a draft version with the final enrolled legislation, which includes the complete text of the act. The changes primarily involve formatting updates, such as adding the full title and enacting clause, and renumbering the sections to reflect the final bill structure. The substantive policy content regarding definitions and requirements remains consistent between the two versions.

Scope change

The scope of the bill remains unchanged; it continues to apply to covered entities like correctional centers, public buildings, and schools.

TECHNICAL

The bill text was updated from a draft version (HB 121.1) to the final enrolled version (HB 121), including the addition of the full act title and enacting clause.

Section numbering and formatting were adjusted to align with the final legislative format, such as renumbering the purpose and definitions sections.

HB0121_1.pdf → HB0121_1(1).pdf · 5 edits

MODERATE

The bill was significantly amended to add a new sponsor, E. Byrne, while removing several others from the original list. The bill's title and purpose were updated to explicitly reaffirm the biological definitions of 'male' and 'female' and to preserve women's facilities from acts of abuse and violence. The definitions section was expanded to include specific biological criteria for sex determination, excluding gender identity, and to clarify terms like 'changing room' and 'sleeping quarters'. The safety and privacy requirements for covered entities were strengthened to mandate exclusive use of facilities by biological sex and to prohibit individuals from entering facilities designated for the opposite sex, with specific exceptions for medical, custodial, and emergency situations.

Scope change

The scope of the bill remains focused on public buildings, schools, and correctional facilities, but the applicability is now explicitly tied to biological sex rather than gender identity.

ELIGIBILITY

The list of bill sponsors was altered; E. Byrne was added while K. Seekins-Crowe, V. Ricci, L. Schubert, S. Kelly, S. Klakken, K. Love, G. Overstreet, C. Schomer, M. Thiel, J. Fuller, S. Gist, R. Marshall, A. Regier, M. Regier, S. Fitzpatrick, B. Ler, J. Schillinger, G. Oblander, L. Deming, F. Nave, J. Gillette, N. Duram, G. Hertz, G. Kmetz, T. McGillvray, B. Mitchell, Z. Wirth, S. Maness, T. Tezak, G. Glimm, D. Lenz, M. Noland, and B. Usher were removed or repositioned.

DEFINITION

Definitions for 'female' and 'male' were updated to strictly define them based on biological chromosomes, gametes, and reproductive systems, explicitly stating that these definitions apply regardless of an individual's psychological, behavioral, social, or subjective experience of gender.

REQUIREMENT

Requirements for covered entities were strengthened to mandate that multi-occupancy restrooms, changing rooms, and sleeping quarters be designated for the exclusive use of females or males, and that individuals may not enter facilities designated for the opposite sex.

New provisions were added to prohibit students from being required to share sleeping quarters with members of the opposite sex unless they are immediate family members.

Exceptions for entering opposite-sex facilities were clarified to include performing custodial services, rendering medical or law enforcement assistance, and providing aid during natural disasters or emergencies.

Floor votes · Senate Feb 11, 2025 · House Jan 16, 2025

How they voted

32–18

Passed

Total votes 50

Feb 11, 2025

D Democratic18

18 Nay

100% Nay

R Republican32

32 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 27, 2025

Signed into law

(H) Signed by Governor

lower

Mar 18, 2025

Upper · Passed

(S) Signed by President

upper

Mar 7, 2025

Lower · Passed

(H) Signed by Speaker

lower

Feb 11, 2025

Senate · Passed

Senate Vote: pass (32-18)

senate

Feb 7, 2025

Upper · Passed

(S) Committee Report - (S) Judiciary

upper

Feb 5, 2025

Upper · Passed

(S) Committee Executive Action - (S) Judiciary

upper

Jan 17, 2025

Committee

(S) Referred to Committee - (S) Judiciary

upper

Jan 16, 2025

House · Passed

House Vote: pass (58-41-1)

house

Jan 13, 2025

Lower · Passed

(H) Committee Report - (H) Judiciary

lower

Jan 13, 2025

Lower · Passed

(H) Committee Executive Action - (H) Judiciary

lower

Jan 7, 2025

Committee

(H) Referred to Committee - (H) Judiciary

lower

Jan 6, 2025

Introduced

(H) Introduced

lower

1 primary · 0 co-sponsors