Montana legislation · 2025 Regular Session
Montana SB40: Revise supreme court public records laws by opening deliberations and files to the public
Status: Chaptered, June 27, 2025
What the bill says
An act revising public record laws relating to the supreme court; requiring the recording of a closed judicial deliberation meeting; providing for the disclosure of judicial deliberations and case information after a case is final; amending sections 2-3-203, 2-3-212, and 2-6-1002, mca; and providing an effective date.
From the engrossed text:
AN ACT REVISING PUBLIC RECORD LAWS RELATING TO THE SUPREME COURT; REQUIRING THE RECORDING OF A CLOSED JUDICIAL DELIBERATION MEETING; PROVIDING FOR THE DISCLOSURE OF JUDICIAL DELIBERATIONS AND CASE INFORMATION AFTER A CASE IS FINAL; AMENDING SECTIONS 2-3-203, 2-3-212, AND 2-6-1002, MCA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the right to know clause found in Article II, section 9, of the Montana Constitution forms the basis of this bill, and Article II, section 9, of the Montana Constitution does not contain a judicial exception; and WHEREAS, the Montana Constitution's grant of the general "legislative power" to the Montana State Legislature is subject to the people's rights of initiative and referendum. It is clear that part of the legislative power is the authority to adopt laws protecting the individual rights listed in the Montana Constitution. Section 1. Section 2-3-203, MCA, is amended to read: "2-3-203. Meetings of public agencies and certain associations of public agencies to be open to public -- exceptions. (1) All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations or agencies supported in whole or in part by public funds or expending public funds, including the supreme court, must be open to the public. (2) All meetings of associations that are composed of public …
Sponsors
- Hertz, Greg (R, 7) · primary sponsor
Latest actions
- : (S) Veto Override Failed in Legislature
- : (S) Veto Override
- : (S) Veto Override Vote Mail Poll in Progress
- : (S) Veto Override Vote in Progress
- : (H) Signed by Speaker
- : (S) Signed by President
- : (S) Returned from Enrolling
- : (S) Sent to Enrolling
- : (S) 3rd Reading Free Conference Committee Report Adopted
- : (H) 3rd Reading Free Conference Committee Report Adopted
Votes
- Do Adopt (April 30, 2025): 77 yea, 23 nay, passed
- Do Adopt (April 30, 2025): 33 yea, 17 nay, passed
- Do Adopt (April 29, 2025): 83 yea, 15 nay, passed
- Do Adopt (April 29, 2025): 47 yea, 2 nay, passed
- Do Not Concur (April 16, 2025): 31 yea, 18 nay, failed
- Do Concur (April 11, 2025): 61 yea, 38 nay, passed
Subjects: Judges and Justices, Courts
Common questions
- What is SB40?
- SB40 is a bill in the Montana Legislature (2025 Regular Session): Revise supreme court public records laws by opening deliberations and files to the public.
- What does SB40 do?
- In its own words: An act revising public record laws relating to the supreme court; requiring the recording of a closed judicial deliberation meeting; providing for the disclosure of judicial deliberations and case information after a case is final; amending sections 2-3-203, 2-3-212, and 2-6-1002, mca; and providing an effective date.
- What is the status of SB40?
- Chaptered as of June 27, 2025. Latest action: (S) Veto Override Failed in Legislature (June 27, 2025).
- Who sponsored SB40?
- Hertz, Greg (R, 7).
- Where is the official record for SB40?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0614
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.