Text of MT HB 400 (2025)

**** 69th Legislature 2025 HB 400.1 - 1 - Authorized Print Version – HB 400 1 HOUSE BILL NO. 400 2 INTRODUCED BY B. MITCHELL, V. RICCI, L. SCHUBERT, S. KELLY, S. KLAKKEN, E. ALBUS, K. LOVE, G. 3 OVERSTREET, T. SHARP, E. BYRNE, R. GREGG, L. BENNETT, C. SCHOMER, C. COCHRAN, M. THIEL, T. 4 MILLETT, T. MANZELLA, E. BUTTREY, J. FULLER, B. GILLESPIE, S. GIST, C. HINKLE, R. MARSHALL, N. 5 NICOL, A. REGIER, S. VANCE, J. KASSMIER, G. LAMMERS, M. YAKAWICH, S. FITZPATRICK, C. GLIMM, 6 B. LER, J. SCHILLINGER, G. OBLANDER, K. ZOLNIKOV, J. ETCHART, L. DEMING, B. USHER, J. 7 GILLETTE, L. BREWSTER, N. DURAM, T. FALK, P. FIELDER, F. MANDEVILLE, T. MCGILLVRAY, M. 8 NOLAND, G. PARRY, L. REKSTEN, K. SEEKINS-CROWE, J. TREBAS, Z. WIRTH, S. MANESS, K. BOGNER, 9 B. BEARD, S. ESSMANN, J. HINKLE, B. PHALEN, V. MOORE 10 11 A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING THE "FREE TO SPEAK ACT"; PROHIBITING 12 PUBLIC SCHOOLS OR THE STATE FROM IMPOSING DISCIPLINARY OR OTHER ADVERSE ACTIONS ON 13 A STUDENT OR EMPLOYEE WHO REFUSES TO USE CERTAIN SPEECH; PROVIDING A CAUSE OF 14 ACTION FOR VIOLATIONS OF THE FREE TO SPEAK ACT; PROVIDING DEFINITIONS; AND PROVIDING 15 AN IMMEDIATE EFFECTIVE DATE.” 16 17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 18 19 NEW SECTION. Section 1. Short title. [Sections 1 through 4] may be cited as the "Free to Speak 20 Act". 21 22 NEW SECTION. Section 2. Definitions. As used in [sections 1 through 4], the following definitions 23 apply: 24 (1) "Employee" means an individual who is employed or contract by a public school or the state. 25 (2) "Noncharter public school" has the meaning provided in 20-6-803. 26 (3) "Public charter school" has the meaning provided in 20-6-803. 27 (4) (a) "Public school" means a noncharter public school, a public charter school, or a public 28 institution of higher education. **** 69th Legislature 2025 HB 400.1 - 2 - Authorized Print Version – HB 400 1 (b) The term does not include a nonpublic school or home school as described in 20-5-102(2)(e). 2 (5) "Sex" has the meaning provided in 1-1-201. 3 (6) "State" means the state of Montana or a county, municipality, board, commission, department, 4 institution, or special district, or a subdivision or agency of the state of Montana or a county, municipality, board, 5 commission, department, institution, or special district. 6 (7) "Student" means an individual who is enrolled in a public school on a full-time or part-time 7 basis. 8 9 NEW SECTION. Section 3. Protection against compelled speech. (1) A student may not be 10 subject to a disciplinary action for declining to: 11 (a) identify the student's pronouns; or 12 (b) address a person by using a name other than the person's legal name or a derivative of the 13 person's legal name or by using a pronoun or a title that is inconsistent with the person's sex. 14 (2) An employee, regardless of the scope of the employee's official duties, may not be subject to 15 an adverse employment action for declining to: 16 (a) identify the employee's pronouns while acting within the scope of employment; or 17 (b) address a person by using a name other than the person's legal name or a derivative of the 18 person's legal name or by using a pronoun or a title that is inconsistent with the person's sex. 19 (3) The state may not penalize or take an adverse action against a person because the person 20 declines to: 21 (a) identify the person's pronouns; or 22 (b) address another person by using a name other than the other person's legal name or a 23 derivative of the other person's legal name or by using a pronoun or a title that is inconsistent with the other 24 person's sex. 25 26 NEW SECTION. Section 4. Private cause of action -- penalties -- limitation. (1) A person who is 27 harmed by a violation of [sections 1 through 4] may bring a cause of action against a public school or the state 28 for injunctive relief, monetary damages, reasonable attorney fees and costs, and any other appropriate relief. **** 69th Legislature 2025 HB 400.1 - 3 - Authorized Print Version – HB 400 1 (2) A civil action brought pursuant to this section must be initiated within 2 years after the violation 2 of [sections 1 through 4] occurs. 3 4 NEW SECTION. Section 5. Codification instruction. [Sections 1 through 4] are intended to be 5 codified as an integral part of Title 49, chapter 1, part 1, and the provisions of Title 49, chapter 1, part 1, apply 6 to [sections 1 through 4]. 7 8 NEW SECTION. Section 6. Severability. If a part of [this act] is invalid, all valid parts that are 9 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, 10 the part remains in effect in all valid applications that are severable from the invalid applications. 11 12 NEW SECTION. Section 7. Effective date. [This act] is effective on passage and approval. 13 - END -

- 2025 69th Legislature 2025 HB 400 - 1 - Authorized Print Version – HB 400 ENROLLED BILL AN ACT ESTABLISHING THE FREE TO SPEAK ACT; PROHIBITING PUBLIC SCHOOLS OR THE STATE FROM IMPOSING DISCIPLINARY OR OTHER ADVERSE ACTIONS ON A STUDENT OR EMPLOYEE WHO REFUSES TO USE CERTAIN SPEECH; PROVIDING A CAUSE OF ACTION FOR VIOLATIONS OF THE FREE TO SPEAK ACT; PROVIDING DEFINITIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.” BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Short title. [Sections 1 through 4] may be cited as the "Free to Speak Act". Section 2. Definitions. As used in [sections 1 through 4], the following definitions apply: (1) "Employee" means an individual who is employed or contract contracted by a public school or the state. (2) "Noncharter public school" has the meaning provided in 20-6-803. (3) "Person" has the meaning provided in 1-1-201. (3)(4) "Public charter school" has the meaning provided in 20-6-803. (4)(5) (a) "Public school" means a noncharter public school, a public charter school, or a public institution of higher education. (b) The term does not include a nonpublic school or home school as described in 20-5-102(2)(e). (5)(6) "Sex" has the meaning provided in 1-1-201. (6)(7) "State" means the state of Montana or a county, municipality, board, commission, department, institution, or special district, or a subdivision or agency of the state of Montana or a county, municipality, board, commission, department, institution, or special district. (7)(8) "Student" means an individual who is enrolled in a public school on a full-time or part-time basis. - 2025 69th Legislature 2025 HB 400 - 2 - Authorized Print Version – HB 400 ENROLLED BILL Section 3. Protection against compelled speech. (1) A student may not be subject to a disciplinary action for declining to: (a) identify the student's pronouns; or (b) address a person by using a name other than the person's legal name or a derivative of the person's legal name or by using a pronoun or a title that is inconsistent with the person's sex. (2) An employee, regardless of the scope of the employee's official duties, may not be subject to an adverse employment action for declining to: (a) identify the employee's pronouns while acting within the scope of employment; or (b) address a person by using a name other than the person's legal name or a derivative of the person's legal name or by using a pronoun or a title that is inconsistent with the person's sex. (3) The state may not penalize or take an adverse action against a person because the person declines to: (a) identify the person's pronouns; or (b) address another person by using a name other than the other person's legal name or a derivative of the other person's legal name or by using a pronoun or a title that is inconsistent with the other person's sex. Section 4. Private cause of action -- penalties -- limitation. (1) A person who is harmed by a violation of [sections 1 through 4] may bring a cause of action against a public school or the state for injunctive relief, monetary damages, reasonable attorney fees and costs, and any other appropriate relief. (2) A civil action brought pursuant to this section must be initiated within 2 years after the violation of [sections 1 through 4] occurs. Section 5. Codification instruction. [Sections 1 through 4] are intended to be codified as an integral part of Title 49, chapter 1, part 1, and the provisions of Title 49, chapter 1, part 1, apply to [sections 1 through 4]. - 2025 69th Legislature 2025 HB 400 - 3 - Authorized Print Version – HB 400 ENROLLED BILL Section 6. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. Section 7. Effective date. [This act] is effective on passage and approval. - END - I hereby certify that the within bill, HB 400, originated in the House. ___________________________________________ Chief Clerk of the House ___________________________________________ Speaker of the House Signed this _______________________________day of____________________________________, 2025. ___________________________________________ President of the Senate Signed this _______________________________day of____________________________________, 2025. HOUSE BILL NO. 400 INTRODUCED BY B. MITCHELL, V. RICCI, L. SCHUBERT, S. KELLY, S. KLAKKEN, E. ALBUS, K. LOVE, G. OVERSTREET, T. SHARP, E. BYRNE, R. GREGG, L. BENNETT, C. SCHOMER, C. COCHRAN, M. THIEL, T. MILLETT, T. MANZELLA, E. BUTTREY, J. FULLER, B. GILLESPIE, S. GIST, C. HINKLE, R. MARSHALL, N. NICOL, A. REGIER, S. VANCE, J. KASSMIER, G. LAMMERS, M. YAKAWICH, S. FITZPATRICK, C. GLIMM, B. LER, J. SCHILLINGER, G. OBLANDER, K. ZOLNIKOV, J. ETCHART, L. DEMING, B. USHER, J. GILLETTE, L. BREWSTER, N. DURAM, T. FALK, P. FIELDER, F. MANDEVILLE, T. MCGILLVRAY, M. NOLAND, G. PARRY, L. REKSTEN, K. SEEKINS-CROWE, J. TREBAS, Z. WIRTH, S. MANESS, K. BOGNER, B. BEARD, S. ESSMANN, J. HINKLE, B. PHALEN, V. MOORE AN ACT ESTABLISHING THE FREE TO SPEAK ACT; PROHIBITING PUBLIC SCHOOLS OR THE STATE FROM IMPOSING DISCIPLINARY OR OTHER ADVERSE ACTIONS ON A STUDENT OR EMPLOYEE WHO REFUSES TO USE CERTAIN SPEECH; PROVIDING A CAUSE OF ACTION FOR VIOLATIONS OF THE FREE TO SPEAK ACT; PROVIDING DEFINITIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”