HB 697 clarifies that public employees in Montana do not have an expectation of privacy in electronic communications sent or received through systems provided and managed by their public agency. This means that any communications, including personal ones, made using public agency equipment are subject to public records laws and agency policies. As a result, public agencies would not be required to review these communications for privacy implications when responding to public information requests.
HB 514 revises Montana's privacy in communications laws, specifically targeting the non-consensual use of sexually explicit images. The bill makes it an offense to publish, distribute, or disclose real or "digitally fabricated" sexually explicit images of an identifiable person without their consent, especially with intent to harm or extort. It also criminalizes possessing and threatening to disclose such images to obtain money or valuables. "Digitally fabricated" is defined as media created using technical means, like artificial intelligence, to falsely depict an individual engaging in sexual conduct. Penalties for these offenses range from a misdemeanor for a first conviction to a felony for subsequent convictions.
HB 10 appropriates over $39 million for various information technology (IT) capital projects across multiple state agencies for the biennium ending June 30, 2027. It transfers funds from the general fund to the Long-Range Information Technology Program (LRITP) account to support these initiatives. The bill funds projects such as cybersecurity enhancements, system modernizations, and new business applications for departments like Administration, Corrections, and Public Health and Human Services. All funded projects require approval from the chief information officer and budget director for their design, implementation, and data security plans, emphasizing safeguards against unauthorized access and promoting data sharing among agencies.
HB 513 establishes property rights for individuals in their name, voice, and likeness, making these rights transferable and descendible for a period after their death. The bill prohibits the unauthorized creation, distribution, or use of digital voice replicas or digital depictions of an individual. Those who violate these provisions may face significant financial penalties, including actual damages and profits from the unauthorized use. However, the bill includes exceptions for uses like news reporting, commentary, criticism, scholarship, satire, or parody.
HB 392, known as the "Child Digital Protection Act," revises laws concerning profitable family video content featuring minor children. It requires content creators who meet specific profit and content thresholds to contribute a percentage of their gross earnings into a trust for the minor child, accessible once the child reaches 18 years of age. Additionally, the bill grants individuals who were featured as minors in such content the right to request the permanent deletion of those video segments from online platforms upon reaching the age of majority.
SB 534 provides a property tax exemption for specific wireless infrastructure in Montana. This bill exempts qualifying wireless infrastructure, placed into service on or after the act's effective date, from property taxes for an initial period of five years. Following this, the exemption gradually phases out over the next five years, after which the property becomes fully taxable. To maintain the exemption, owners must reinvest the tax savings into new communication infrastructure within Montana, without charging those costs to consumers.
HB 271 revises laws concerning executive exemptions to public records requests, aiming to replace a common law privilege with a statutory framework. It allows the Governor to assert a limited executive exemption for specific information only when their individual privacy interest clearly outweighs the merits of public disclosure, requiring the exemption to be narrowly tailored. The bill defines "confidential information" restrictively and sets a maximum duration of 60 days for an exemption to last. Additionally, it requires the award of costs and reasonable attorney fees to a prevailing party in public records litigation.
SB 364 establishes "kill switch" laws, primarily affecting individuals who own electronic consumer products and motor vehicles, and the entities that manufacture or service them. The bill prohibits an entity from remotely activating a kill switch on a person's personally owned property without a court order or warrant. Exceptions include situations involving unpaid subscriptions or leased items (with prior disclosure), and certain safety features in motor vehicles. Additionally, a kill switch can be activated on stolen property with the owner's consent. Violations allow individuals to seek $10,000 in statutory damages per instance.
SB 297 generally revises privacy laws, affecting consumers and entities that collect personal data. The bill requires these "controllers" to notify consumers when their information has been collected and to provide an opt-out option for consumers. It also mandates that controllers issue privacy notices and outlines their specific duties regarding data handling. Additionally, the Attorney General is required to post information about consumer privacy rights and responsibilities online.
This bill, known as the "Financial Freedom and Innovation Act," revises state cryptocurrency laws. It prohibits state governing authorities from using or testing central bank digital currency, while explicitly permitting individuals and businesses to accept digital assets for payments and engage with blockchain protocols, such as operating nodes or staking. The bill also establishes certification requirements and sales limits for network token issuers to qualify for exemptions from state securities laws.
