Montana 2023 Regular Session

Montana Senate Bill SB232

Introduced
1/27/23  
Refer
1/30/23  
Refer
2/28/23  
Engrossed
3/3/23  
Refer
3/13/23  
Enrolled
4/19/23  

Caption

Provide for deadlines to respond to public information requests

Impact

The implications of SB232 on state laws are significant. It introduces a systematic approach for handling public information requests by defining clear deadlines and processes that agencies must follow. By enforcing these deadlines, the bill aims to increase transparency and accountability in government operations, ensuring that citizens can access public information without undue delays. This change could also encourage agencies to manage their records and information more efficiently, resulting in improved service for the public.

Summary

SB232 is a legislative act that revises public records laws in Montana. It establishes separate requirements for executive branch agencies concerning the acknowledgment and response to public information requests. This bill mandates that executive branch agencies must acknowledge receipt of a request within five business days. Furthermore, it allows for an extension of the response deadline through mutual agreement between the requester and the agency. If an agency fails to meet the response deadline, the bill enables individuals to file actions in district court to hold agencies accountable for non-compliance.

Sentiment

The general sentiment around SB232 appears to be positive, with supporters arguing that it enhances government transparency and promotes the public's right to access information. Advocates believe that by streamlining the process of submitting and responding to public information requests, the bill will empower citizens and bolster governmental accountability. However, there are concerns among some lawmakers and advocacy groups regarding the potential burden this could place on smaller agencies that may struggle to meet the newly established deadlines without additional resources.

Contention

Notable points of contention include the concerns surrounding the capacity of various public agencies to comply with the new law's requirements. Some critics argue that the bill could disproportionately affect smaller or less funded agencies that may lack the resources and infrastructure needed to handle increased requests effectively. There are also discussions about the adequacy of the transparency measures versus the administrative burden imposed through compliance with strict response deadlines. As these discussions unfold, it highlights an ongoing debate regarding how to balance accountability with practical operational capabilities.

Companion Bills

No companion bills found.

Previously Filed As

MT SB1029

FOIA; procedure for responding to requests, charges, posting of notice of rights & responsibilities.

MT HB100

Generally revise public record laws

MT A782

Permits special service charge for commercial purpose public records requests; increases time to respond to commercial requests; provides penalty for failure to certify commercial purpose request.

MT A1513

Permits special service charge for commercial purpose public records requests; increases time to respond to commercial requests; provides penalty for failure to certify commercial purpose request.

MT HB314

Limit certain public record requests; allow contractor response

MT HB271

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

MT HB3641

Relating to the preservation of effective responses to requests for information pursuant to the public information law.

MT HB798

Provide for a retired LEO or first responder driver's license endorsement

MT SB790

In agency response, providing for vexatious requesters.

MT SB525

In agency response, providing for vexatious requester.

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