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Montana bill would expand critical-infrastructure vandalism protections to broadband, strike fencing requirement
Summary
House Bill 257 would add broadband and wireless infrastructure to Montana’s critical-infrastructure statute and remove fencing/signage limits that currently restrict protections for long linear facilities; proponents said the change targets intentional attacks and accidental strikes remain covered by "811" law; landowners urged clearer intent language and exemptions.
House Energy Committee — Representative Greg Kmetz introduced House Bill 257 on Wednesday, asking the panel to extend enhanced criminal protections for critical infrastructure to broadband and wireless communications and to remove a requirement that facilities be enclosed by fencing or signage to qualify.
Supporters from telecommunications firms, utilities, county governments and industry trade groups said the change closes a gap left after the 2021 law (HB 481) and would better protect long, linear facilities — such as fiber, pipelines and railways — from intentional vandalism that can disrupt emergency services and commerce. "House Bill 2 57 does not pertain to accidental facility strikes," Melissa Lewis of the Treasure State Resources Association told the committee, saying drafters replaced "willfully" with "purposefully" to raise the intent standard.
Committee members heard proponents outline real-world incidents and vulnerabilities. Supporters cited reported incidents of damage to networks and to a natural-gas line in May 2022 in Montana; proponents also referenced a November 2024 report cited in testimony about frequent willful damage to broadband networks nationally. Broadband providers and wireless carriers told the committee that switching offices are already listed in state law but fiber lines and poles are not, leaving the physical links of modern communications networks exposed.
Opponents urged clarifying language. Charles Denow of United Property Owners of Montana said striking the fence/signage requirement effectively extends enhanced penalties onto private land where operators hold easements and could expose landowners and their employees to harsh criminal penalties. Denow pressed for replacing "willfully" with "purposefully and knowingly" in the subsection addressing damage to equipment and for an explicit exemption for landowners and their employees. An informational legal witness, Matthew Bain, said adding "purposefully" to subsection 2 would address the concern that differing intent standards remain in the bill.
Committee members questioned why cable television remained in the statute (it was included in the 2021 enactment), whether the state has an agency that actively monitors critical infrastructure, and how the definitions interact with criminal-code terms. Proponents replied that fencing and signage remain in the trespass portion of the law but were removed only from the criminal-damage portion to allow long linear facilities to be covered. Several witnesses said changing "willfully" to "purposefully" makes the standard more demanding and could ease landowner concerns.
Procedural note: a motion that HB 257 "do pass" was raised early in the hearing, but the transcript does not record a committee vote on the bill. Chair Perry closed the hearing after sponsor remarks, and no final action was recorded in the hearing transcript.
What’s next: The bill will return to committee files and may be subject to friendly amendments clarifying the intent standard and whether property owners and their employees should be explicitly excluded from enhanced criminal provisions.
