Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                                   HB 693.1
                                                   HOUSE BILL NO. 693
                                              INTRODUCED BY B. MERCER
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  A BILL FOR AN ACT ENTITLED: “AN ACT CLARIFYING REQUIREMENTS FOR PUBLIC AGENCIES
  REGARDING PUBLIC INFORMATION THAT IS OR MAY BE PART OF LITIGATION; PROHIBITING AN
  AGENCY FROM REFUSING TO DISCLOSE PUBLIC INFORMATION SOLELY BECAUSE THE
  INFORMATION IS OR MAY BE PART OF LITIGATION; AND AMENDING SECTION 2-6-1003, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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           Section 1. Section 2-6-1003, MCA, is amended to read:
           "2-6-1003.    Access to public information -- safety and security exceptions -- Montana historical
  society exception. (1) Except as provided in subsections (2) and (3), every person has a right to examine and
  obtain a copy of any public information of this state.
           (2)      A public officer may withhold from public scrutiny information relating to individual or public
  safety or the security of public facilities, including public schools, jails, correctional facilities, private correctional
  facilities, and prisons, if release of the information jeopardizes the safety of facility personnel, the public,
  students in a public school, or inmates of a facility. A public officer may not withhold from public scrutiny any
  more information than is required to protect individual or public safety or the security of public facilities.
           (3)      The Montana historical society may honor restrictions imposed by private record donors as
  long as the restrictions do not apply to public information. All restrictions must expire no later than 50 years
  from the date the private record was received. Upon the expiration of the restriction, the private records must be
  made accessible to the public.
           (4)      A public agency may not refuse to disclose public information because the requested public
  information is part of litigation or may be part of litigation unless the information is protected from disclosure
  under another applicable law."
                                                           - END -
                                                                  -1-                       Authorized Print Version – HB 693
Statutes affected: 
HB0693_1.pdf: 2-6-1003
Introduced: 2-6-1003