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MT HB271
Bill
Status
5/13/2025
Primary Sponsor
Ed Stafman
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AI Summary
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Replaces the common law executive privilege established by the Montana Supreme Court in O'Neill v. Gianforte (2025 MT 2) with a narrower statutory executive exemption that allows the governor to withhold public information only when individual privacy interests clearly outweigh public disclosure merits.
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Explicitly excludes policy, politics, and legislative matters from the governor's privacy interest claims, and requires any redactions to be narrowly tailored to specific information.
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Sets expiration limits on executive exemptions: they expire when the underlying issue is resolved, and are automatically waived when information is voluntarily disclosed to third parties.
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Changes attorney fee awards from discretionary ("may") to mandatory ("shall") for prevailing parties in public records litigation brought under the Montana Constitution's Right to Know provision.
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Takes effect immediately upon passage and approval.
Legislative Description
Provide that there is a limited executive privilege to the public records act
Information Technology
Last Action
(H) Vetoed by Governor
5/13/2025