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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. (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. 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. [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.”