LC 1390 Legislature · 2025 Regular Session

Provide that there is a limited executive privilege to the public records act

This bill establishes a limited executive privilege for the governor in Montana, allowing the withholding of specific public records only when the governor's individual privacy interest clearly outweighs the public's right to know. The law requires any withheld information to be narrowly tailored and redacted only to the minimum extent necessary, with courts reviewing redactions to ensure they meet the privacy standard. The exemption automatically expires after 60 days or once the underlying issue is resolved, and it is waived if the information is voluntarily shared with a third party. Additionally, the bill defines confidential information more precisely and allows prevailing parties in public records lawsuits to recover reasonable attorney fees and costs.
Bill status introduced 1 of 4 stages cleared
Introduction
Nov 2024
Committee Review
Floor Vote
Governor
Introduced Nov 14, 2024 Last action Jan 15, 2025
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