Text of MT HB 638 (2025)

**** 69th Legislature 2025 HB 638.1 - 1 - Authorized Print Version – HB 638 1 HOUSE BILL NO. 638 2 INTRODUCED BY R. GREGG, G. OVERSTREET, E. BYRNE, C. SCHOMER, C. COCHRAN, T. MILLETT, C. 3 SPRUNGER, S. FITZPATRICK, B. LER, K. ZOLNIKOV, B. MITCHELL, G. PARRY 4 5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING HUMAN RIGHTS LAWS; PROHIBITING 6 A STATE OR LOCAL GOVERNMENT AGENCY FROM REQUIRING OR REQUESTING A DIVERSITY 7 STATEMENT OR GRANTING ANY PREFERENTIAL TREATMENT BASED ON THE SUBMISSION OF A 8 DIVERSITY STATEMENT; PROVIDING AN EXCEPTION; AND PROVIDING DEFINITIONS.” 9 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 11 12 NEW SECTION. Section 1. Diversity statements prohibited -- exception. (1) A state or local 13 government agency may not require, request, solicit, or compel a person to provide a diversity statement. 14 (2) A state or local government agency may not grant any form of preferential consideration or 15 treatment to a person who, with or without solicitation from the state or local government agency, provides a 16 diversity statement. 17 (3) If federal law requires a state or local government agency to accept or require a diversity 18 statement, then the state or local government agency: 19 (a) may accept the diversity statement only to the extent required under federal law; and 20 (b) shall limit consideration of the information contained in the diversity statement to the extent 21 necessary to satisfy the requirement under federal law. 22 (4) Nothing in this section limits or prohibits a state or local government agency from establishing 23 policies that are necessary to comply with state or federal law, including laws relating to prohibited 24 discrimination and harassment. 25 26 NEW SECTION. Section 2. Definitions. As used in [sections 1 through 2], unless the context clearly 27 indicates otherwise, the following definitions apply: 28 (1) "Diversity statement" means a submission, statement, or document that promotes or is **** 69th Legislature 2025 HB 638.1 - 2 - Authorized Print Version – HB 638 1 intended to promote differential treatment based on an individual's race, color, ethnicity, sex, sexual orientation, 2 national origin, religion, or gender identity. 3 (2) "State or local government agency" means: 4 (a) any branch, department, office, board, bureau, commission, agency, university unit, college, or 5 other instrumentality of state government; or 6 (b) a county, city, town, school district, or other unit of local government and any instrumentality of 7 local government. 8 9 NEW SECTION. Section 3. Codification instruction. [Sections 1 through 2] are intended to be 10 codified as a new chapter in Title 49, and the provisions of Title 49 apply to [sections 1 through 2]. 11 - END -

**** 69th Legislature 2025 HB 638 - 1 - Authorized Print Version – HB 638 ENROLLED BILL AN ACT GENERALLY REVISING HUMAN RIGHTS LAWS; PROHIBITING A STATE OR LOCAL GOVERNMENT AGENCY FROM REQUIRING OR REQUESTING A DIVERSITY STATEMENT OR GRANTING ANY PREFERENTIAL TREATMENT BASED ON THE SUBMISSION OF A DIVERSITY STATEMENT; PROVIDING AN EXCEPTION; AND PROVIDING DEFINITIONS.” BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Diversity statements prohibited -- exception. (1) A state or local government agency may not require, request, solicit, or compel a person to provide a diversity statement. (2) A state or local government agency may not grant any form of preferential consideration or treatment to a person who, with or without solicitation from the state or local government agency, provides a diversity statement. (3) If federal law requires a state or local government agency to accept or require a diversity statement, then the state or local government agency: (a) may accept the diversity statement only to the extent required under federal law; and (b) shall limit consideration of the information contained in the diversity statement to the extent necessary to satisfy the requirement under federal law. (4) Nothing in this section limits or prohibits a state or local government agency from establishing policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination and harassment. Section 2. Definitions. As used in [sections 1 through 2], unless the context clearly indicates otherwise, the following definitions apply: (1) "Diversity statement" means a submission, statement, or document that promotes or is **** 69th Legislature 2025 HB 638 - 2 - Authorized Print Version – HB 638 ENROLLED BILL intended to promote differential treatment based on an individual's race, color, ethnicity, sex, sexual orientation, national origin, religion, or gender identity. (2) "State or local government agency" means: (a) any branch, department, office, board, bureau, commission, agency, university unit, college, or other instrumentality of state government; or (b) a county, city, town, school district, or other unit of local government and any instrumentality of local government. Section 3. Codification instruction. [Sections 1 through 2] are intended to be codified as a new chapter in Title 49, and the provisions of Title 49 apply to [sections 1 through 2]. - END - I hereby certify that the within bill, HB 638, 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. 638 INTRODUCED BY R. GREGG, G. OVERSTREET, E. BYRNE, C. SCHOMER, C. COCHRAN, T. MILLETT, C. SPRUNGER, S. FITZPATRICK, B. LER, K. ZOLNIKOV, B. MITCHELL, G. PARRY AN ACT GENERALLY REVISING HUMAN RIGHTS LAWS; PROHIBITING A STATE OR LOCAL GOVERNMENT AGENCY FROM REQUIRING OR REQUESTING A DIVERSITY STATEMENT OR GRANTING ANY PREFERENTIAL TREATMENT BASED ON THE SUBMISSION OF A DIVERSITY STATEMENT; PROVIDING AN EXCEPTION; AND PROVIDING DEFINITIONS.”