Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                                   HB 693.1
  1                                                     HOUSE BILL NO. 693
  2                                                INTRODUCED BY B. MERCER
  3
  4    A BILL FOR AN ACT ENTITLED: “AN ACT CLARIFYING REQUIREMENTS FOR PUBLIC AGENCIES
  5    REGARDING PUBLIC INFORMATION THAT IS OR MAY BE PART OF LITIGATION; PROHIBITING AN
  6    AGENCY FROM REFUSING TO DISCLOSE PUBLIC INFORMATION SOLELY BECAUSE THE
  7    INFORMATION IS OR MAY BE PART OF LITIGATION; AND AMENDING SECTION 2-6-1003, MCA.”
  8
  9    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 10
 11             Section 1. Section 2-6-1003, MCA, is amended to read:
 12             "2-6-1003.    Access to public information -- safety and security exceptions -- Montana historical
 13    society exception. (1) Except as provided in subsections (2) and (3), every person has a right to examine and
 14    obtain a copy of any public information of this state.
 15             (2)      A public officer may withhold from public scrutiny information relating to individual or public
 16    safety or the security of public facilities, including public schools, jails, correctional facilities, private correctional
 17    facilities, and prisons, if release of the information jeopardizes the safety of facility personnel, the public,
 18    students in a public school, or inmates of a facility. A public officer may not withhold from public scrutiny any
 19    more information than is required to protect individual or public safety or the security of public facilities.
 20             (3)      The Montana historical society may honor restrictions imposed by private record donors as
 21    long as the restrictions do not apply to public information. All restrictions must expire no later than 50 years
 22    from the date the private record was received. Upon the expiration of the restriction, the private records must be
 23    made accessible to the public.
 24             (4)      A public agency may not refuse to disclose public information because the requested public
 25    information is part of litigation or may be part of litigation unless the information is protected from disclosure
 26    under another applicable law."
 27                                                             - END -
                                                                  -1-                       Authorized Print Version – HB 693
Statutes affected: 
HB0693_1.pdf: 2-6-1003
HB0693_X.pdf: 2-6-1003
Enrolled: 2-6-1003
Introduced: 2-6-1003