- 2025
69th Legislature 2025 HB0264.2
- 1 - Authorized Print Version – HB 264
1 HOUSE BILL NO. 264
2 INTRODUCED BY J. KARLEN
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO WILDLIFE LOCATION DATA AND
5 TELEMETRY FREQUENCIES; PROVIDING PROHIBITIONS AND EXCEPTIONS ON THE RELEASING OF
6 DATA BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS; AND AMENDING SECTION 2-6-1003,
7 MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 NEW SECTION. Section 1. DATA-
12.
13 location data or telemetry frequencies, whether collected by the department or held by the department, of
14 hunted or trapped animals.
15 (2) Wildlife location data used as part of a study that includes a completion report may be released
16 3 years 1 after the completion of the study and report.
17 (3) Wildlife location data that is not used as part of a study may be released 3 years 1 YEAR after
18 the department collects or acquires the data.
19 (4) The department may release wildlife location data for environmental permitting activities.
20 (5) SUBJECT TO THE RESTRICTIONS IN SUBSECTIONS (1)(3), DEPARTMENT MAY SHARE
21 GOVERNMENT AGENCIES THROUGH DATA-SHARING
22.
23
24 Section 2-6-1003, MCA, is amended to read:
25 "2-6-1003.
26 (1) Except as provided in subsections (2) and (3) through (4), every
27 person has a right to examine and obtain a copy of any public information of this state.
28 (2) A public officer may withhold from public scrutiny information relating to individual or public - 2025
69th Legislature 2025 HB0264.2
- 2 - Authorized Print Version – HB 264
1 safety or the security of public facilities, including public schools, jails, correctional facilities, private correctional
2 facilities, and prisons, if release of the information jeopardizes the safety of facility personnel, the public,
3 students in a public school, or inmates of a facility. A public officer may not withhold from public scrutiny any
4 more information than is required to protect individual or public safety or the security of public facilities.
5 (3) The Montana historical society may honor restrictions imposed by private record donors as
6 long as the restrictions do not apply to public information. All restrictions must expire no later than 50 years
7 from the date the private record was received. Upon On the expiration of the restriction, the private records
8 must be made accessible to the public.
9 (4) Except as provided in [section 1], the department of fish, wildlife, and parks,
10 THE INFORMATION UNDER A DATA-SHARING AGREEMENT PURSUANT TO
11 [SECTION 1], may not release wildlife location data or telemetry frequencies of hunted or trapped animals.
12 (4)(5) A public agency may not refuse to disclose public information because the requested public
13 information is part of litigation or may be part of litigation unless the information is protected from disclosure
14 under another applicable law."
15
16 NEW SECTION. Section 3. [Section 1] is intended to be codified as an
17 integral part of Title 87, chapter 1, part 2, and the provisions of Title 87, chapter 1, part 2, apply to [section 1].
18 - END -