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MT HB271

Bill

Status

Vetoed

5/13/2025

Primary Sponsor

Ed Stafman

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Origin

House of Representatives

2025 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary2/21/2025
State Administration1/22/2025

Full Bill Text

No bill text available