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.
House Bill 556 regulates how health insurance issuers use artificial intelligence (AI) for reviewing and managing healthcare services. It prohibits AI, algorithms, or other software tools from solely determining medical necessity or denying, delaying, or modifying healthcare services. Instead, medical necessity determinations must be made by licensed healthcare professionals, considering individual patient history and circumstances, not just group data. The bill also requires AI tools to be applied fairly, avoid discrimination, and be open to audit, making non-compliance an unfair claim settlement practice.
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 599 revises parental rights concerning data collection and health screenings for children within schools. It establishes that parents can opt-out of school evaluations, surveys, or data collection that does not require personally identifiable information, and must opt-in for those that do. The bill requires schools to notify parents about any physical or mental health screenings or surveys, allowing parents to opt their child out, and to inform parents of any resulting issues. Furthermore, it mandates parental consent for biometric scans, certain audio/video recordings, and specific school trip accommodations. It also prohibits government entity employees from withholding relevant health information from parents.
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 538 revises state laws governing the 9-1-1 emergency telephone system. It expands the 9-1-1 advisory council by one member and clarifies its role in advising the department on fee allocation, grants, and statewide planning. The bill updates the department's duties, including administering 9-1-1 funds, maintaining a statewide plan for current and next-generation technologies, and monitoring expenditures by local and tribal governments operating public safety answering points. It also directs the department to adopt rules for fund distribution, grant awards, and technology standards to ensure effective 9-1-1 services across the state.
SB 282 revises state and local government's ability to obtain and use electronic communications and data from electronic devices. The bill prohibits governmental entities from purchasing various types of electronic data, such as geolocation or sensitive data, without a search warrant or investigative subpoena. It generally requires a search warrant to obtain stored data from an electronic device or to compel disclosure of electronic communications from service providers, though exceptions exist for situations like owner consent or emergencies. Evidence obtained in violation of these provisions would be inadmissible, and collected communications must be deleted after the conclusion of criminal proceedings.
