SB 410, the Montana Genomic Security Act, prohibits medical and research facilities in Montana from using genetic sequencers or sequencing software produced by companies based in nations designated as "foreign adversaries" under federal regulations (e.g., China, Russia). Facilities must replace such technology, store all genetic data within the U.S., and obtain written consent for remote data access outside Montana. The bill requires annual compliance certifications to the Attorney General and imposes $10,000 fines per violation for noncompliance with data storage or technology bans. It directly affects hospitals, research labs, and health facilities receiving state funding or conducting genetic research.
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 118 gives Montana students and parents the right to request deletion of their education data from the statewide K-12 data system. It requires the state education office to delete data within 45 days of a verified request, unless retention is needed for federal/state funding, contracts, or legal orders. The bill mandates accessible request methods (online, mail, email) without requiring account creation and requires annual reporting on deletions. It also updates data system rules to align with privacy standards, including prohibiting social security numbers as student identifiers.
HB 488 would allow Montana voters with disabilities to return their voted ballots electronically for federal elections using a secure, encrypted system approved by the Secretary of State. To use this option, voters must request an electronic ballot in writing, by email, or in person, and return the completed ballot with a signed affirmation by 8 p.m. on election day. The Secretary of State would establish security and encryption standards for the system, and the bill appropriates $10,000 to develop the technology. This change would apply only to federal primary and general elections beginning in 2026.
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.
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.
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.