Montana legislation · 2025 Regular Session
Montana HB272: Provide that legislative bill drafting files are public records
Status: Failed, May 20, 2025
What the bill says
A bill for an act entitled: "an act revising laws regarding legislative privilege over certain public information; providing that legislative bill drafting files are public records; providing that the legislative privilege established by the speech or debate clause in the montana constitution is a protection against certain prosecutions but is not a complete protection from disclosure under public records laws; providing that an individual legislator's private writings or documents are protected from disclosure under public records laws…
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS REGARDING LEGISLATIVE PRIVILEGE OVER CERTAIN PUBLIC INFORMATION; PROVIDING THAT LEGISLATIVE BILL DRAFTING FILES ARE PUBLIC RECORDS; PROVIDING THAT THE LEGISLATIVE PRIVILEGE ESTABLISHED BY THE SPEECH OR DEBATE CLAUSE IN THE MONTANA CONSTITUTION IS A PROTECTION AGAINST CERTAIN PROSECUTIONS BUT IS NOT A COMPLETE PROTECTION FROM DISCLOSURE UNDER PUBLIC RECORDS LAWS; PROVIDING THAT AN INDIVIDUAL LEGISLATOR'S PRIVATE WRITINGS OR DOCUMENTS ARE PROTECTED FROM DISCLOSURE UNDER PUBLIC RECORDS LAWS; PROVIDING THAT AN INDIVIDUAL LEGISLATOR'S COMMUNICATIONS WITH THE LEGISLATOR'S PERSONAL STAFF ARE PROTECTED FROM DISCLOSURE UNDER PUBLIC RECORDS LAWS; PROVIDING THAT A LEGISLATOR WAIVES THE PROTECTION FROM DISCLOSURE BY SHARING WRITINGS, DOCUMENTS, OR COMMUNICATIONS WITH ANOTHER PERSON; PROVIDING DEFINITIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." WHEREAS, Montana has a deeply rooted commitment to the transparency and accountability of government, as demonstrated by the protections offered by the right to know in Article II, section 9, and the right of participation in the operations of government agencies in Article II, section 8, of the Montana Constitution; and 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 …