Montana legislation · 2025 Regular Session
Montana HB271: Provide that there is a limited executive privilege to the public records act
Status: Vetoed, May 13, 2025
What the bill says
An act generally revising laws to narrow the scope of executive exemptions to public records requests; providing for a limited executive exemption over certain documents in statute; providing for a waiver of executive exemption; providing that the executive exemption expires at a certain time; revising definitions; amending sections 2-6-1002 and 90-1-105, mca; and providing an immediate effective date.
From the engrossed text:
AN ACT GENERALLY REVISING LAWS TO NARROW THE SCOPE OF EXECUTIVE EXEMPTIONS TO PUBLIC RECORDS REQUESTS; PROVIDING FOR A LIMITED EXECUTIVE EXEMPTION OVER CERTAIN DOCUMENTS IN STATUTE; PROVIDING FOR A WAIVER OF EXECUTIVE EXEMPTION; PROVIDING THAT THE EXECUTIVE EXEMPTION EXPIRES AT A CERTAIN TIME; REVISING DEFINITIONS; AMENDING SECTIONS 2-6-1002 AND 90-1-105, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Montana Constitution has enshrined access to public information in the Right to Know in Article II, section 9, which states that "No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure"; and WHEREAS, the Right of Participation in Article II, section 8, of the Montana Constitution also ensures that the public must be given a reasonable opportunity to participate in the operation of governmental agencies prior to the final decision as may be provided by law; and WHEREAS, these fundamental rights are the foundation on which every Montanan is able to exercise the power to hold elected officials accountable for their actions and decisions; and WHEREAS, the Montana Supreme Court recently issued a decision in O'Neill v. Gianforte, 2025 MT 2, holding that the Governor …
Sponsors
- Stafman, Ed (D, 59) · primary sponsor
- Emrich, Daniel (R, 11)
Latest actions
- : (H) Vetoed by Governor
- : Chapter Number Assigned
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Governor
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
Votes
- Do Concur (April 29, 2025): 27 yea, 23 nay, passed
- Do Concur (April 28, 2025): 31 yea, 17 nay, passed
- Do Pass (February 12, 2025): 56 yea, 44 nay, passed
- Do Pass (February 11, 2025): 51 yea, 48 nay, passed
Subjects: Privacy, Communications, Public Officers and Employees, State Government
Common questions
- What is HB271?
- HB271 is a bill in the Montana Legislature (2025 Regular Session): Provide that there is a limited executive privilege to the public records act.
- What does HB271 do?
- In its own words: An act generally revising laws to narrow the scope of executive exemptions to public records requests; providing for a limited executive exemption over certain documents in statute; providing for a waiver of executive exemption; providing that the executive exemption expires at a certain time; revising definitions; amending sections 2-6-1002 and 90-1-105, mca; and providing an immediate effective date.
- What is the status of HB271?
- Vetoed as of May 13, 2025. Latest action: (H) Vetoed by Governor (May 13, 2025).
- Who sponsored HB271?
- Stafman, Ed (D, 59), with 1 co-sponsor.
- Where is the official record for HB271?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1390
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.