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- 2025
69th Legislature 2025 HB0635.2
- 1 - Authorized Print Version – HB 635
1 HOUSE BILL NO. 635
2 INTRODUCED BY G. NIKOLAKAKOS, S. FITZPATRICK, B. LER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING HUMAN RIGHTS LAWS; PROHIBITING STATE OR
5 LOCAL GOVERNMENT AGENCIES FROM FUNDING, ESTABLISHING, OR SUPPORTING DIVERSITY,
6 EQUITY, AND INCLUSION PROGRAMS; AND DEFINING "DIVERSITY, EQUITY, AND INCLUSION
7 PROGRAM" PROVIDING DEFINITIONS; PROVIDING LIMITATIONS; PROVIDING INVESTIGATORY
8 AUTHORITY TO THE ATTORNEY GENERAL; PROVIDING FOR PRIVATE RIGHT OF ACTION; AND
9 PROVIDING PENALTIES.”
10
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
12
13 NEW SECTION. SECTION 1. DEFINITIONS. AS USED IN [SECTIONS 1 THROUGH 5], UNLESS THE CONTEXT
14CLEARLY INDICATES OTHERWISE, THE FOLLOWING DEFINITIONS APPLY:
15 (1) "DIVERSITY, EQUITY, AND INCLUSION" MEANS ANY PROGRAM OR INITIATIVE OF OR FUNDED BY A STATE
16OR LOCAL GOVERNMENT AGENCY THAT:
17 (A)DIRECTLY OR INDIRECTLY INFLUENCES HIRING, EMPLOYMENT, PROMOTION, TRAINING, RETENTION, OR
18RECRUITMENT PRACTICES WITH RESPECT TO RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, SEX, OR RELIGION, OTHER
19THAN THROUGH THE USE OF NEUTRAL RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, SEX, OR RELIGION HIRING,
20EMPLOYMENT, PROMOTION, TRAINING, RETENTION, OR RECRUITMENT PRACTICES OR WITH THE SOLE PURPOSE OF
21ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW; OR
22 (B)PROMOTES DIVISIVE CONCEPTS, RACE OR SEX STEREOTYPING, OR RACE OR SEX SCAPEGOATING.
23 (2) "DIVISIVE CONCEPTS" INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING CONCEPTS:
24 (A)ONE RACE OR SEX IS INHERENTLY SUPERIOR TO ANOTHER RACE OR SEX;
25 (B)THE UNITED STATES IS FUNDAMENTALLY RACIST OR SEXIST;
26 (C)A PERSON, BY VIRTUE OF THE PERSON'S RACE OR SEX, IS INHERENTLY RACIST, SEXIST, OR
27OPPRESSIVE, WHETHER CONSCIOUSLY OR UNCONSCIOUSLY;
28 (D)A PERSON SHOULD BE DISCRIMINATED AGAINST OR RECEIVE ADVERSE TREATMENT SOLELY OR PARTLY
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1BECAUSE OF THE PERSON'S RACE OR SEX;
2 (E)MEMBERS OF ONE RACE OR SEX CANNOT AND SHOULD NOT ATTEMPT TO TREAT OTHERS WITHOUT
3RESPECT TO RACE OR SEX;
4 (F)A PERSON'S MORAL CHARACTER IS NECESSARILY DETERMINED BY THE PERSON'S RACE OR SEX;
5 (G)A PERSON, BY VIRTUE OF THE PERSON'S RACE OR SEX, BEARS RESPONSIBILITY FOR ACTIONS
6COMMITTED IN THE PAST BY OTHER MEMBERS OF THE SAME RACE OR SEX;
7 (H)A PERSON SHOULD FEEL DISCOMFORT, GUILT, ANGUISH, OR ANOTHER FORM OF PSYCHOLOGICAL
8DISTRESS ON ACCOUNT OF THE PERSON'S RACE OR SEX;
9 (I)MERITOCRACY OR TRAITS SUCH AS A HARD WORK ETHIC ARE RACIST OR SEXIST, OR WERE CREATED BY
10A PARTICULAR RACE TO OPPRESS ANOTHER RACE; OR
11 (J)ANY OTHER FORM OF RACE OR SEX STEREOTYPING OR ANY OTHER FORM OF RACE OR SEX
12SCAPEGOATING.
13 (3) "RACE OR SEX SCAPEGOATING" MEANS ASSIGNING FAULT, BLAME, OR BIAS TO A RACE OR SEX OR TO
14MEMBERS OF A RACE OR SEX BECAUSE OF THE MEMBERS' RACE OR SEX. THE TERM ENCOMPASSES ANY CLAIM THAT,
15CONSCIOUSLY OR UNCONSCIOUSLY, AND BY VIRTUE OF A PERSON'S RACE OR SEX, MEMBERS OF ANY RACE ARE
16INHERENTLY RACIST OR ARE INHERENTLY INCLINED TO OPPRESS OTHERS OR THAT MEMBERS OF A SEX ARE INHERENTLY
17SEXIST OR INHERENTLY INCLINED TO OPPRESS OTHERS.
18 (4) "RACE OR SEX STEREOTYPING" MEANS ASCRIBING CHARACTER TRAITS, VALUES, MORAL AND ETHICAL
19CODES, PRIVILEGES, STATUS, OR BELIEFS TO A RACE OR SEX, OR TO A PERSON BECAUSE OF THE PERSON'S RACE OR
20SEX.
21
22 NEW SECTION. Section 2. Prohibition of diversity, equity, and inclusion programs in state and
23local government -- definition LIMITATIONS. (1) A state or local government agency may not:
24 (a) require an employee to engage in a diversity, equity, and inclusion program;
25 (b) spend public funds on a diversity, equity, and inclusion program;
26 (c) spend public funds to acquire services, supplies, information technology, or goods for a
27 diversity, equity, and inclusion program; or
28 (d) establish, support, sustain, or employ an office or individual whose duties include coordinating,
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1 creating, developing, designing, implementing, organizing, or promoting a diversity, equity, and inclusion
2 program; OR
3 (E)COMPEL, REQUIRE, INDUCE, OR SOLICIT ANY OFFICE OR INDIVIDUAL TO PROVIDE A DIVERSITY, EQUITY,
4AND INCLUSION STATEMENT OR GIVE PREFERENTIAL CONSIDERATION TO ANY OFFICE OR INDIVIDUAL BASED ON THE
5PROVISION OF A DIVERSITY, EQUITY, AND INCLUSION STATEMENT.
6 (2) Nothing in this section [SECTIONS 1 THROUGH 5] may be construed TO:
7 (a) to prohibit a state or local government agency from adopting a policy or program to comply with
8 federal law, with Title 49, chapters 2 and 3, or with applicable court orders;
9 (b) to limit policies or programs designed to advance the educational goals set forth in Article X,
10 section 1(2), of the Montana constitution; or
11 (c) to interfere with the sovereignty of tribal nations, reservations, or education pertaining to the
12 history of Montana's Indian people.
13 (3) This section does not preclude a state or local government agency from offering training on
14 sexual harassment or from operating an office or employing staff whose purpose is to ensure compliance with
15 federal law, with Title 49, chapters 2 and 3, or with applicable court orders.
16 (4) VIOLATIONS OF [SECTIONS 1 THROUGH 5] MAY OVERLAP WITH VIOLATIONS OF TITLE 49, CHAPTER 2,
17COMMONLY KNOWN AS THE MONTANA HUMAN RIGHTS ACT. NOTHING IN [SECTIONS 1 THROUGH 5] MAY BE CONSTRUED
18AS LIMITING THE ENFORCEMENT OF TITLE 49 BY AGGRIEVED PARTIES, THE DEPARTMENT OF LABOR, OR THE COMMISSION
19ON HUMAN RIGHTS AS SET FORTH IN TITLE 49.
20 (4) For the purposes of this section, "diversity, equity, and inclusion program" means a program
21 that requires an employee of a state or local government agency to participate in or attend a training,
22 orientation, workshop, therapy, or similar activity that focuses on any of the following:
23 (a) describing or exposing structures, systems, relations of power, privilege, or subordination on
24 the basis of race, sex, color, gender, ethnicity, gender identity, or sexual orientation;
25 (b) describing methods to identify, dismantle, or oppose structures, systems, relations of power,
26 privilege, or subordination on the basis of race, sex, color, gender, ethnicity, gender identity, or sexual
27 orientation;
28 (c) justifying differential treatment or benefit on the basis of race, sex, color, gender, ethnicity,
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1 gender identity, or sexual orientation; or
2 (d) advancing theories of unconscious or implicit bias, cultural appropriation, transgenderism,
3 microaggression, microinvalidation, group marginalization, antiracism, systemic oppression, ethnocentrism,
4 structural racism or inequity, social justice, disparate impact, gender identity or theory, or any concept
5 substantially related to any of these theories.
6
7 NEW SECTION. SECTION 3. ENFORCEMENT. (1) THE ATTORNEY GENERAL HAS THE AUTHORITY TO
8INVESTIGATE AND PROSECUTE ALLEGED VIOLATIONS OF [SECTIONS 1 THROUGH 5].
9 (2) (a) When it appears to the attorney general that a person has engaged in, is engaging in, or is
10 about to engage in any act or practice declared to be unlawful by [sections 1 through 5], or when the attorney
11 general believes it to be in the public interest that an investigation should be made to ascertain whether a
12 person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be
13 unlawful by [sections 1 through 5], the attorney general may execute in writing a civil investigative demand and
14 serve any person who is believed to have information, documentary material, or physical evidence relevant to
15 the alleged or suspected violation.
16 (b) The demand requires the person to furnish, under oath or otherwise, a written report setting
17 forth the relevant facts and circumstances of which the person has knowledge or to appear and testify, or
18 produce relevant documentary material or physical evidence for examination, at a reasonable time and place as
19 may be stated in the investigative demand.
20 (3) (A) TO ACCOMPLISH THE OBJECTIVES AND TO CARRY OUT THE DUTIES PRESCRIBED BY [SECTIONS 1
21THROUGH 5], THE ATTORNEY GENERAL, IN ADDITION TO OTHER POWERS CONFERRED BY [SECTIONS 1 THROUGH 5], MAY
22ISSUE SUBPOENAS TO ANY PERSON, ADMINISTER AN OATH OR AFFIRMATION TO ANY PERSON, CONDUCT HEARINGS IN AID
23OF ANY INVESTIGATION OR INQUIRY, PRESCRIBE FORMS, AND ADOPT RULES AS MAY BE NECESSARY THAT HAVE THE
24FORCE OF LAW.
25 (B) THE POWERS CONFERRED BY THIS SECTION MAY NOT BE USED TO COMPEL ANY NATURAL PERSON TO
26FURNISH TESTIMONY OR EVIDENCE THAT MIGHT TEND TO INCRIMINATE THE PERSON OR SUBJECT THE PERSON TO A
27PENALTY OR FORFEITURE.
28 (4) SERVICE OF ANY NOTICE, DEMAND, OR SUBPOENA UNDER THIS SECTION MUST BE MADE PERSONALLY
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1WITHIN THIS STATE, BUT IF THIS CANNOT BE OBTAINED, SUBSTITUTE SERVICE MAY BE MADE IN THE MANNER PROVIDED IN
2THE MONTANA RULES OF CIVIL PROCEDURE.
3 (5) (A) IF A PERSON FAILS OR REFUSES TO FILE A STATEMENT OR TO REPORT OR OBEY A SUBPOENA OR
4INVESTIGATIVE DEMAND ISSUED BY THE ATTORNEY GENERAL, THE ATTORNEY GENERAL MAY, AFTER NOTICE, APPLY TO
5THE DISTRICT COURT AND, AFTER A HEARING, REQUEST AN ORDER:
6 (I)GRANTING INJUNCTIVE RELIEF TO RESTRAIN THE PERSON FROM ENGAGING IN ANY CONDUCT SPECIFIED
7IN [SECTIONS 1 THROUGH 5];
8 (II)INSTITUTING A FINE OF $10,000; OR
9 (III)GRANTING OTHER RELIEF AS MAY BE REQUIRED UNTIL THE PERSON FILES THE STATEMENT OR REPORT
10OR OBEYS THE SUBPOENA OR INVESTIGATIVE DEMAND.
11 (B) ANY DISOBEDIENCE OF ANY FINAL ORDER ENTERED UNDER THIS SECTION BY ANY COURT MUST BE
12PUNISHED AS A CONTEMPT.
13 (6) WHENEVER THE ATTORNEY GENERAL HAS REASON TO BELIEVE THAT A PERSON IS USING, HAS USED,
14OR IS ABOUT TO KNOWINGLY USE ANY METHOD, ACT, OR PRACTICE DECLARED BY [SECTIONS 1 THROUGH 5] TO BE
15UNLAWFUL AND THAT A PROCEEDING WOULD BE IN THE PUBLIC INTEREST, THE ATTORNEY GENERAL MAY BRING AN
16ACTION IN THE NAME OF THE STATE AGAINST THE PERSON TO RESTRAIN BY TEMPORARY OR PERMANENT INJUNCTION OR
17BY TEMPORARY RESTRAINING ORDER THE USE OF THE UNLAWFUL ACT OR PRACTICE, UPON GIVING APPROPRIATE NOTICE
18TO THAT PERSON.
19
20 NEW SECTION. SECTION 4. RIGHT OF PRIVATE ACTION. A PERSON WHO IS ADVERSELY AFFECTED BY A
21VIOLATION OF [SECTIONS 1 THROUGH 5] HAS A RIGHT OF PRIVATE ACTION AND MAY BRING AN ACTION AGAINST A PERSON
22OR ENTITY THAT HAS DIRECTLY VIOLATED [SECTIONS 1 THROUGH 5] FOR ACTUAL DAMAGES OR FOR $5,000 FOR EACH
23VIOLATION.
24
25 NEW SECTION. SECTION 5. PENALTIES. (1) (A) IN ADDITION TO ANY FINE THAT A PERSON MIGHT BE
26SUBJECT TO UNDER SECTION (2), A PERSON WHO VIOLATES THE TERMS OF AN INJUNCTION OR TEMPORARY RESTRAINING
27ORDER ISSUED UNDER [SECTION 3] SHALL PAY TO THE STATE A CIVIL FINE OF NOT MORE THAN $10,000 FOR EACH
28VIOLATION.
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1 (B) FOR THE PURPOSES OF THIS SECTION, THE DISTRICT COURT ISSUING AN INJUNCTION OR TEMPORARY
2RESTRAINING ORDER RETAINS JURISDICTION AND THE CAUSE MUST BE CONTINUED. IN THOSE CASES, THE DEPARTMENT
3OF JUSTICE, ACTING IN THE NAME OF THE STATE, MAY PETITION FOR RECOVERY OF CIVIL PENALTIES.
4 (2) (A) IN AN ACTION BROUGHT UNDER [SECTION 3], IF THE COURT FINDS THAT A PERSON IS WILLFULLY
5USING OR HAS WILLFULLY USED A METHOD, ACT, OR PRACTICE DECLARED UNLAWFUL BY [SECTIONS 1 THROUGH 5], THE
6ATTORNEY GENERAL, UPON PETITION TO THE COURT, MAY RECOVER ON BEHALF OF THE STATE A CIVIL FINE OF NOT MORE
7THAN $10,000 FOR EACH VIOLATION.
8 (B) THE FINE PROVIDED FOR IN SUBSECTION (2)(A) IS IN ADDITION TO ANY LIABILITY A PERSON IS SUBJECT
9TO UNDER SUBSECTION (1).
10
11 NEW SECTION. Section 6. Codification instruction. [Section 1 SECTIONS 1 THROUGH 5] is ARE
12 intended to be codified as a new chapter in Title 49, and the provisions of Title 49 apply to [section 1 SECTIONS
13 1 THROUGH 5].
14 - END -