Montana bill would bar remote 'kill switches' on personally owned devices without a warrant

Sen. Ken Bogner, sponsor of Senate Bill 364, told the House Energy Committee the proposal would "prevent companies, entities, from using a kill switch on an individual's personally owned property without a warrant." The hearing drew questions about auto-industry starter-interrupt devices, leased equipment and law-enforcement access.

The bill would make it unlawful for a company to remotely shut down, accelerate battery drain or shorten the useful life of a personally owned product without a warrant, Bogner said. "This would not apply to property that someone is leasing, that an employer owns, subscriptions, memberships, or recurring payment programs," he said.

The measure grew out of concerns that manufacturers or service providers could remotely disable products owners believed they controlled. "By prohibiting entities from remotely activating kill switches without a warrant, this bill prevents unauthorized shutdowns and ensures that individuals maintain control over their personal property," Bogner said in closing.

KirkenDall (spelled in testimony as "KirkenDall"), testifying for Pastime and described as representing auto dealers, asked the committee to exempt retail installment sales and lease contracts that use starter-interrupt devices for subprime borrowers. "We use starter and rep devices... The device is installed in the vehicle, and it does allow the creditor to turn the vehicle off and turn it back on after they make their car payments," KirkenDall said, adding that dealers provide overrides for emergencies.

Committee members asked several technical and consumer-protection questions. Representative Carter asked whether the devices already exist; KirkenDall described them as "starter interrupt devices" used by subprime dealers. Representative Carter and others pressed whether leased items would be covered; Bogner confirmed the bill as drafted treats recurring payment programs and leases differently and said the sponsor expected an amendment to add clarifying exemptions covering motor-vehicle retail installment and lease agreements.

Members raised safety and law-enforcement scenarios. Representative Fielder asked whether corrective-action logic in the bill could halt a vehicle that swerved to avoid road hazards; Bogner said that existing functions in some vehicles that detect incapacitation or mechanical faults remain intended safety features, not automatic payment enforcement. Representative Sharp asked whether law enforcement could activate a kill switch; Bogner said law enforcement currently can request manufacturers to disable vehicles but that SB 364 would require a warrant to do so when the vehicle is personally owned.

Several members asked about consumer notice. Representative Carter asked whether buyers must be notified when a device contains remote-control capability; Bogner said the bill does not currently address that disclosure but he was "open to that." Representative Griffith asked whether newer cars already include remote-shutdown features; Bogner said many new vehicles are installing these systems.

The sponsor said an amendment would be filed to add specific exemptions for motor vehicles with electronic devices used to enforce retail installment, lease, rental and other secured‑creditor agreements. He asked for committee support.

This hearing concluded without a recorded committee vote.

Votes or final actions on SB 364 were not taken during this session; the sponsor said he would offer an amendment to clarify exemptions and remain available for questions.