Prohibits any organization receiving financial assistance from the state from denying benefits to exclude participation in or discriminate against a person otherwise eligible on the basis of race, color, religion, or national origin; companion to SB 305.

Prohibits any organization receiving financial assistance from the state from denying benefits to exclude participation in or discriminate against a person otherwise eligible on the basis of race, color, religion, or national origin; companion to HB 744.

Establishes the Ending Illegal Discrimination and Restoring Merit-Based Opportunity Act; prohibits all state offices, departments, and political subdivisions, including higher education institutions and school districts, from establishing or maintaining a diversity, equity, and inclusion office or division, promoting DEI in hiring, requiring a DEI statement or giving preferential consideration, requiring DEI training; AMENDED: now requires every state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions to report annually the total number and nature of complaints made under the Act; requires the report to be shared with the Legislature each year; adds a severability provision that protects the remainder of the statute if any part is held unconstitutional or invalid; FURTHER AMENDED to delete language that requires every office, division, or unit to adopt policies and procedures for appropriately disciplining, including by termination, an employee or contractor who violates the anti-DEI requirements; prohibits any spending until certification of compliance with the anti-DEI requirements to the General Assembly; requires periodic compliance audits of each department and office; requires certification by every contract awardee or grantee before receiving a grant and funding is released. FURTHER AMENDED IN HOUSE to prohibit all public entities of the state, including state agencies, cities and counties, school districts, charter schools, and public universities, from practicing DEI as defined in the bill; defines DEI as any preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, or requirements implemented by a public entity that constitutes illegal discrimination on the basis of race, color, religion, sex, or national origin; prohibits public entities from allowing DEI considerations to influence employment, admissions, or preferential treatment; prohibits compulsory DEI statements and DEI training, and establishment of or support for DEI offices; requires state contractors and grantees to certify that they do not operate any DEI programs; prohibits any public funding to an organization unless it certifies that it does not operate any DEI programs; allows institutions of higher education to switch accrediting agencies if its current agency requires adherence to DEI; allows the state Inspector General to investigate alleged violations and enforce the statute; requires all public entities to report annually to the Legislature on complaints of violations; allows the state Attorney General to enforce the statute; no longer requires periodic compliance audits.

Eliminated diversity, equity, and inclusion (DEI) in higher education.

Prohibits nonprofits from using state or local funds to promote, support, fund, implement, or maintain DEI initiatives or programs; prohibits nonprofits from applying for, accepting, or using federal funds, grants, or financial assistance that require compliance with DEI policies, initiatives, or mandates; requires nonprofits to discontinue any existing federally-funded DEI programs or initiatives; requires the State Auditor to conduct periodic compliance audits; permits civil actions; prohibits state agencies from promoting, supporting, funding, implementing, or maintaining workplace DEI programs, policies, or initiatives; defines diversity, equity , and inclusion or DEI as “a program, policy, initiative, or activity designed or implemented to (a) influence State government practices with respect to race, sex, color, ethnicity, nationality, country of origin, or sexual orientation other than for compliance with applicable State and federal antidiscrimination laws or (b) promote (i) differential treatment of or providing special benefits to individuals on the basis of race, sex, color, ethnicity, nationality, country of origin, or sexual orientation; or (ii) a difference in policy, practice, or action that impairs equal access to opportunities or benefits, based on a protected characteristic. This definition does not apply to antidiscrimination measures, reasonable accommodations, legal requirements, bona fide occupational qualifications, or any trait protected by State or federal antidiscrimination laws”; UPDATED - AMENDED to delete language that prohibited nonprofits from using state or local funds to promote, support, fund, implement or maintain DEI initiatives or programs; removed language prohibiting nonprofits from applying for, accepting, or using federal funds, grants, or financial assistance that require compliance with DEI policies, initiatives, or mandates; removed language requiring nonprofits receiving state grants and contracts to report annually to the State Auditor and post their anti-DEI compliance efforts on their website; deleted provision requiring the State Auditor to conduct periodic compliance audits of nonprofits with state or local grants, and referring noncompliant nonprofits to district attorneys for criminal prosecution; eliminated criminal and civil penalties for nonprofits that used state or local funds for DEI programs or initiatives, and standing for nonprofit employees to sue their employers for violations; retains definition of DEI, along with carve-outs for "antidiscrimination measures, reasonable accommodations, legal requirements, bona fide occupational qualifications, or any trait protected by State or federal antidiscrimination laws"; prohibits State agencies, local governments, and covered schools from using any State funds or public monies to promote, support, fund, implement, or maintain DEI initiatives or programs, and from applying for, accepting, or utilizing federal funds that require compliance with DEI mandates; requires state agencies to report to the State Auditor on compliance with anti-DEI provisions; requires periodic compliance audits of state agencies by State Auditor; provides for enforcement via civil actions and financial penalties. UPDATE - new status.

Prohibits any state or local government or nonstate entity to use funds or public monies to promote, support, fund, implement, or maintain discriminatory programs such as diversity, equity, and inclusion; prohibits any state or local government or nonstate entity to apply for, accept, or utilize federal money that require compliance with discriminatory programs; prohibits diversity, equity, and inclusion practices in state and local hiring; requires the Auditor to conduct periodic compliance audits; permits private action.

Defines key terms related to diversity, equity, and inclusion; creates Chief Diversity Officer (CDO) within state personnel office; establishes duties of CDO, including leading proactive diversity, equity, equality, and inclusion efforts across the state workforce, recommending training initiatives, and establishing plans and metrics to achieve DEI goals; requires appointment of a diversity and inclusion liaison at each state agency; requires each state agency to submit an annual report on Diversity Act compliance and progress; requires each state agency to develop a comprehensive DEI strategic plan; appropriates $250,000.

Reduces Historic Horse Racing charitable fundraising payouts to 35%. AMENDED to include provision that prohibits all public entities from implementing, promoting, or otherwise engaging in any diversity, equity, and inclusion DEI-related initiatives, programs, training, or policies; requires each agency to report such contracts to the department of administrative services, which shall compile a consolidated report for submission to the governor, speaker of the house of representatives, and senate president; provides for the amendment (i.e., removing DEI-related provisions) of non-compliant contracts.

Establishes the Montana Individual Freedom Act; defines “diversity, equity, and inclusion” as any program or initiative of a state or local government agency established for the purpose of (a) influencing hiring, employment, or recruitment practices with respect to race, color, ethnicity, national origin, sex, disability, or religion, other than through the use of color-blind and sex-neutral hiring or recruitment processes in accordance with any applicable state and federal antidiscrimination laws; (b) promoting differential treatment of or providing special benefits to individuals on the basis of race, color, ethnicity, national origin, sex, disability, or religion; (c) promoting policies or procedures designed or implemented in reference to race, color, ethnicity, national origin, sex, disability, or religion, other than policies or procedures approved in writing by the attorney general’s office for the sole purpose of ensuring compliance with any applicable court order or state or federal law; or (d) conducting trainings, programs, or activities designed or implemented in reference to race, color, ethnicity, national origin, sex, disability, or religion, other than trainings, programs, or activities developed by an attorney and approved in writing by the attorney general's office for the sole purpose of ensuring compliance with any applicable court order or state or federal law; prohibits any state or local government agency from expending funds, regardless of source, to purchase membership or goods and services from any organization that discriminated on the basis of race, color, ethnicity, national origin, sex, disability, or religion; prohibits any state or local agency from expending any state, local, or federal funds to promote, support, or maintain any programs that advocate for DEI or promote or engage in political or social activism; authorizes the attorney general to investigate violations. "Dead" because tabled in committee.

Prohibits the state or any agency, board, commission, or department to use diversity, equity, and inclusion programs for hiring, training, or promotion purposes, require an employee to engage in a diversity, equity, or inclusion program, or require participation in a diversity, equity, or inclusion program as a condition of a contract; requires monitoring of hiring practices.