HB 861 allocates $1.1 million annually to Montana's Office of Public Instruction and $750,000 to the Department of Labor and Industry for fiscal years 2026 and 2027. The funds will provide statewide access to a K-12 digital toolkit containing state standards-aligned instructional materials across all subjects, including career and technical education resources aligned with Montana industry needs. This bill directly affects Montana public schools and students by expanding access to digital learning tools. It establishes a permanent funding base for these resources, effective July 1, 2025, though it was vetoed and not enacted.
HB 722 requires public agencies in Montana to retain all electronic communications (like emails) from work accounts for at least one year after a public employee leaves their position. This applies to state and local government employees, excluding communications from constitutional officers (e.g., governors, judges). The bill mandates that agencies cannot delete these records before the one-year period ends, and disposal requires approval from oversight committees. It also updates record-keeping rules to formalize this retention period for work-related electronic communications.
SB 494 would require Montana election administrators to test new voting systems for functionality before use and after major changes like upgrades or hardware transfers. It mandates that administrators print, examine, and retain voting system audit logs and vote records for 22 months, with certain logs required to be kept permanently as public records. The bill also specifies that counties using vote-counting machines must retain these audit logs in perpetuity for public access. These changes aim to improve election transparency and verification by standardizing how voting system data is documented and preserved.
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.
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.
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.
