Montana Public Records Act
The Montana Public Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Montana.
The Montana Open Meetings Law legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see: Montana FOIA procedures
Recent news
- See also: Montana transparency headlines
Transparency blocking
- Lawyer's disciplinary records aren't public, Mont. justices decide 2009-06-10 13:37:15
- City manager responds to public records ruling 2009-06-10 13:32:41
More transparency blocking news from across the country.
Litigation
- Agency offers partial response to FOIA request 2009-06-10 13:43:46
- Missoula County posts Plum Creek easement information 2009-06-10 13:41:18
- County appeals in Plum Creek case 2009-06-10 13:39:16
More FOIA litigation news from across the country.
Legislation
- Montana Legislature considers public records law changes 2011-01-18 16:21:43
- Does Public Information in Montana Need Better Enforcement? 2009-06-10 13:45:36
More FOIA legislation news from across the country.
Sunshine Guardians
- Montana group monitors spending vote-for-vote 2009-10-07 08:41:44
- Filing reversed roles for deputy county attorney 2009-06-10 13:50:14
Other Sunshine Guardians from across the country.
Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Montana. For more information go the page or go to Montana sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Becky v. Butte-Silver Bow Sch. Dist. 1 | 1995 |
| Bryan v. Yellowstone County Elementary School District No. 2 | 2002 |
| Common Cause v. Statutory Committee | 1994 |
| Great Falls Tribune Co. Inc. v. Day | 1998 |
| Great Falls Tribune v. Public Schools | 1992 |
| Missoulian v. Board of Regents | 1984 |
Proposed changes
- See also Proposed transparency legislation, 2010 or find sample transparency legislation at the Sunshine Standard
2011
Here is a list of transparency legislation for Montana in 2011. This list contains a random collection of 15 bills from the state. For the full list please see Montana transparency legislation.
| Rating | Bill | Current Status | Progress | Information |
 | House Bill 120 | Current Status: (Referred to the State Administration Committee) | 
|
HB 120 introduced by Representative Tom McGillvray to the House of Representatives would alter the Montana Public Records Act in regards to recorded meetings' minutes. If an official recording of a meeting is made the recording constitutes as the official record of that meeting. When submitted as a public record it must be accompanied by a written record of the date, time, place, names of the public body and who was in attendance, records of votes, substance of what was discussed and a log or time stamp for each agenda item. [1] |
2010
Here are a list of 30 random bills from Montana from 2010. For a full list, please see Montana transparency legislation.
We have no current bill pages for Montana from 2010. This may be due to incomplete research. To add pages, please view ourproject page, WikiProject Proposed state sunshine legislation.
2009
Senate Bill 241 [1] the "Taxpayer Right to Know Act". This bill seeks to create a searchable online database of all state incomes and expenditures. On April 15 the bill was defeated by a vote of 51 to 48 in the state House.
Montana's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Montana #46 in the nation with an overall percentage of 38.40%. [2]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Montana 9 points out of a possible 100, a letter grade of "F", and a ranking of 47 out of the 50 states.[3] A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Montana's law as the 45th worst in the country, giving it a letter grade of "F".[4]
Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
Declared legal intention
While the Montana law does not contain a declared legal intention, it does guarantee it's citizens the right to examine documents and other records that the government produces in the course of carrying out public duties.[5]
What records are covered?
The original definition of records includes all writings of government bodies including electronic mail. [6] However it has been expanded to include all items in "electronic format or other nonprint media, including but not limited to videotapes, photographs, microfilm, film, or computer disk" [7]
Exemptions
Notable exceptions include but are not limited to:
- Library records [8]
- Locations of burial sites [9]
- Trade secrets [10]
- Security information that would jeopardize the security of people, infrastructure or computer information [11]
- The Montana Historical Society's collections [12]
- The sale of mailing lists [13]
- Social security numbers[14]
Deliberative process
What agencies are covered?
The term agencies includes public officials in all branches of government. [15]
Legislature
- Ambiguous
There is no exemption for the Montana state legislature within the Montana Public Records Act and thus the records are presumed to be open, though it has never been tested in court.
Privatized governmental agencies
In Montana, if a private entity receives or dispenses public funds or performs a public function, it is considered a public body and subject to the Montana Public Records Act.[16]
Public universities
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials
The definition of public body presumably includes public universities within the state.
Who may request records?
The Montana public records law states that citizens are entitled to public records in the state, however, the Montana Constitution states that no person may be denied such records. The Constitution trumps statute, so anyone may request public documents in Montana. "No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies". [17] [18]
Must a purpose be stated?
There is no requirement for the statement of purpose within the law.
How can records be used?
The law does place a limit on the sale of mailing lists for commercial reasons.[19] Other than this, there is not restrictions on the use of records.
Time allowed for response
- N/A
No time limits are specified.
Fees for records
Copy costs:
Montana law allows the secretary of state to set the fee level and allows him or her to charge for both "filing and copying". [20] For electronic fees, Montana expands the potential for fees by charging for the use of equipment, the maintenance of databases, the means of duplication, and hourly labor after the first half hour.[21]
Search fees:
- N/A
The Montana law is unclear as to what it may charge for search and collection fees. While the law permits charging for "filing" fees it does not establish what that entails. [22]
Role of the Attorney General
Although the State Attorney General is not authorized by any specific statute within the Act to enforce its provisions, the office may issue non-binding advisory opinions in response to questions raised by public agencies or officials concerning the law; private citizens, however, are not able to request such opinions.
Open meetings
"The legislature finds and declares that public boards, commissions, councils, and other public agencies in this state exist to aid in the conduct of the peoples' business. It is the intent of this part that actions and deliberations of all public agencies shall be conducted openly. The people of the state do not wish to abdicate their sovereignty to the agencies which serve them."[23]
Notable requests
See also
- Montana FOIA procedures
- Montana transparency headlines
- Montana transparency advocates
- Montana transparency legislation
- Private agency, public dollars-Montana
- Montana Open Meetings Law
External links
- Montana Code - Public Records
- Montana Code - Open Meetings
- Open Government Guide to Montana
- Past articles on Montana
References
- ↑ Text and Status of SB241
- ↑ 2008 BGA-Alper Integrity Index
- ↑ States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Montana Code 2-6-102
- ↑ Montana code 2-6-101
- ↑ Montana code 2-6-110
- ↑ Montana code 22-1-1103
- ↑ Montana code 22-3-807
- ↑ Montana code 2-6-102
- ↑ Montana code 2-6-102
- ↑ Montana code 2-6-110
- ↑ Montana code 2-6-109
- ↑ Montana code 2-6-502
- ↑ Montana code 2-6-101
- ↑ Private agency, public dollars-Montana
- ↑ Montana Constitution Article II, section 9
- ↑ Montana Code 2-6-102
- ↑ Montana code 2-6-109
- ↑ Montana code 2-6-103
- ↑ Montana code 2-6-110
- ↑ Montana code 2-6-103
- ↑ Montana Code 2-3-201
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