HB 255 revises Montana's data privacy rules for K-12 student records held by third-party educational technology providers (like apps or cloud services). It requires school districts to include specific privacy protections in contracts with these vendors, such as prohibiting the use of student data for targeted advertising, ensuring data security, and guaranteeing students or parents can access or correct their records. The bill also allows schools to adopt pre-approved model contracts from privacy-focused consortia to simplify compliance. These changes directly affect school districts, educational tech companies, and students whose data is stored or managed through digital platforms.
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.
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.
