SB 192 would have imposed a 10% tax on digital advertising revenue generated within Montana by companies with worldwide annual digital advertising revenue exceeding $25 million. It directly affects large digital advertisers (like major tech or social media platforms) operating in Montana, taxing only the portion of their revenue derived from ads served to Montana users. The tax would be calculated using an apportionment method based on Montana ad revenue relative to total U.S. ad revenue, with returns due annually by April 15. All collected revenue would have been deposited into Montana's general fund, as specified in the bill's provisions. The bill died in committee in May 2025 and was not enacted.
HB 364 proposes to update laws concerning student immunizations and exemptions in K-12 schools. It would require school governing authorities to submit written reports on student immunization and exemption data to state and local health departments. These reports must only contain deidentified or aggregate information, ensuring student privacy. The Department of Public Health and Human Services would determine the specific form and schedule for these reports.
HB 662 revises the Montana Driver Privacy Protection Act to strengthen privacy protections for individuals' motor vehicle records. The bill requires that "express consent" for disclosing personal information must be obtained on a specific form prescribed by the Department of Motor Vehicles. It also allows individuals to file individual or class action lawsuits against "requesters" who misuse this disclosed information. These lawsuits can seek punitive damages, costs, and reasonable attorney fees, and the department would be required to maintain a list of all requesters.
HB 408 requires all smartphones and tablets activated in Montana after January 1, 2026, to include automatic filters blocking obscene content for minors (under 18). Manufacturers face civil liability if filters fail to activate for minors, while parents/guardians can sue manufacturers for damages if filters are disabled by others (excluding parents). The bill mandates age verification during device setup, automatic filter activation for minors, and penalties up to $50,000 per violation for noncompliance. The bill died in the legislative process on May 22, 2025, and never became law.
Senate Bill 413 creates the crime of "disclosing explicit synthetic media," also known as deepfakes, directly affecting individuals who create or share AI-generated content and protecting those falsely depicted. The bill makes it an offense to knowingly share synthetic media portraying an identifiable person engaged in sexual conduct or depicting intimate body parts without their consent, if it would cause substantial emotional distress. It also criminalizes disclosing such media with intent to harass or threaten, or possessing and threatening to disclose it for extortion. Penalties include fines and jail time, with increased penalties for repeat offenses or if the depicted person is under 18, though exceptions exist for reporting crimes, research, or legal proceedings.
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 25 regulates the use of artificial intelligence (AI) generated content, specifically "deepfakes," in election communications within Montana. It prohibits individuals, political entities, and corporations from distributing deepfakes of candidates or political parties in election communications within 60 days before an election. This prohibition applies unless the communication includes a clear disclosure stating that the content has been significantly edited by AI and depicts false speech or conduct. The bill outlines specific formatting requirements for this disclosure across various media, including print, television, and internet communications. It also provides for injunctive relief, damages, and penalties for violations.
HB 631 revises student data privacy laws by amending the definition of "K-12 school purposes" in Section 20-7-1324, MCA. This change means that the existing data privacy protections for K-12 online applications will no longer apply to courses taken for postsecondary (college) credit. It also excludes work-based learning courses from these specific K-12 data privacy regulations. This bill aims to remove barriers to postsecondary opportunities by clarifying which educational activities fall under K-12 online application privacy rules.
