Bill > HB272

This bill establishes a comprehensive framework for the public accessibility of legislative bill drafting files while maintaining certain protections for legislators. The bill declares that legislative bill drafting files are public records that must be provided upon request, and defines these files as including draft bill versions, research materials, legal analyses, emails, communications, and other resources used in bill preparation. While preserving the Speech or Debate clause constitutional privilege that protects legislators from prosecution for legitimate legislative acts, the bill clarifies that this privilege does not create an absolute barrier to public disclosure. Legislators can maintain privacy for personal writings and communications with their personal staff, but they waive this privilege if they share such documents with third parties. The bill specifically distinguishes between personal staff (legislative aides employed by individual legislators) and broader legislative branch staff, whose communications are not protected from disclosure. Importantly, while the contents of bill drafting files cannot be used as evidence against a legislator in a judicial proceeding, they are still subject to public records laws under Montana's constitutional right to know. The bill aims to balance governmental transparency with legislative privilege, ensuring public access to the legislative process while protecting legislators from undue harassment.

Government Affairs

https://bills.legmt.gov/#/laws/bill/2/LC1389