All Roll Calls
Yes: 377 • No: 15
MontanaSB 28269th Legislature, Regular Session (2025)SenateWALLET
Limit state government use of personal electronic data
Sponsored By: Daniel Emrich (Republican)
Became Law
Information TechnologyPrivacyCriminal Procedure
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Illegally obtained digital data excluded
Electronic data taken in violation of these rules cannot be used in any civil, criminal, or administrative case in Montana. It also cannot be used in a sworn statement to ask a judge for a search warrant. The government must delete collected electronic communications when an investigation ends. If there is a conviction, deletion happens after all postconviction appeals are finished, unless another law requires keeping it longer.
Carve-outs for government and transportation
These privacy rules do not limit how agencies use, keep, or share data on devices the government owns. The rules also do not apply to the Transportation Department’s motor‑carrier safety and hazardous‑materials programs that are required by federal regulations.
Courts first for your digital data
The law blocks state and local government from buying many kinds of your personal digital data without court process. Covered data include your messages and their contents, pager or tracking signals, bank transfer info, phone‑company network and subscriber info (using the federal definitions as of October 18, 2024), precise location, pseudonymous data, and sensitive data. Agencies must get a judge‑approved search warrant or investigative subpoena based on probable cause to get stored data from your device or your messages from a service provider. This does not cover subscriber records, and the provider rule does not apply to people who are incarcerated. Limited exceptions allow access with your consent, for undercover contacts, for data you made public, in emergencies or 911 calls, for devices found in a prison, or as allowed under Montana criminal procedure statutes.
Sponsors & Cosponsors
Sponsor
Daniel Emrich
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/12/2025
Do Pass
Yes: 50 • No: 0
Senate vote • 4/11/2025
Do Pass
Yes: 48 • No: 0
Senate vote • 4/9/2025
Do Concur
Yes: 97 • No: 0
Senate vote • 4/8/2025
Do Concur
Yes: 97 • No: 0
Senate vote • 3/4/2025
Do Pass
Yes: 42 • No: 8
Senate vote • 3/3/2025
Do Pass
Yes: 43 • No: 7
Actions Timeline
Chapter Number Assigned
5/8/2025SenateSigned by Governor
5/5/2025SenateTransmitted to Governor
4/25/2025SenateSigned by Speaker
4/25/2025HouseSigned by President
4/21/2025SenateReturned from Enrolling
4/14/2025SenateSent to Enrolling
4/14/2025Senate3rd Reading Passed as Amended by House
4/12/2025Senate2nd Reading House Amendments Concurred
4/11/2025SenateReturned to Senate with Amendments
4/9/2025House3rd Reading Concurred
4/9/2025House2nd Reading Concurred
4/8/2025HouseCommittee Report--Bill Concurred as Amended
4/3/2025HouseCommittee Executive Action--Bill Concurred as Amended
4/3/2025HouseHearing
3/24/2025HouseFirst Reading
3/6/2025HouseReferred to Committee
3/5/2025HouseTransmitted to House
3/4/2025Senate3rd Reading Passed
3/4/2025SenateRevised Fiscal Note Printed
3/4/2025SenateFiscal Note Unsigned
3/4/2025SenateRevised Fiscal Note Received
3/4/2025Senate2nd Reading Passed
3/3/2025SenateRevised Fiscal Note Requested
3/1/2025SenateCommittee Report--Bill Passed as Amended
2/28/2025Senate
Bill Text
Enrolled
4/15/2025
As Amended (Version 3)
4/3/2025
As Amended (Version 2)
2/28/2025
Introduced
2/6/2025