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Senate passes bill aimed at proactively opening certain legislative and executive materials


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Senate passes bill aimed at proactively opening certain legislative and executive materials
Senate Bill 408, sponsored by Senator Daniel Zolnikoff, was advanced out of the Senate Legislative Committee to the floor after proponents urged the legislature to adopt transparency measures proactively.

“Right now, this is a court case. I'm pretty sure the courts are gonna rule that they have to be open. I'd rather get ahead of it and do it our way, do it the right way,” Senator Daniel Zolnikoff said during the hearing, describing the bill as a way to “open up the governor's veto…transparency in his veto and decision-making process.”

A proponent representing broadcasters told the committee the Montana Broadcasters Association is part of litigation concerning public access and supports the legislation as written. The proponent noted that certain historical legislative materials used to be available for in-person inspection and that the cost and process of accessing such records has changed.

Senator Zolnikoff argued the bill would let the legislative branch set clear procedures and estimate any cost to make materials available rather than waiting for a judicial mandate. The committee conducted executive action and, after discussion, took a voice vote. Senators recorded a voice vote in favor, with a proxy recorded that Senator Zolnikov voted aye by proxy, and the committee moved the bill to the floor.

Committee discussion described the measure as a “proactive” fix to anticipated court rulings and as an attempt to standardize how vetoes and related messages are handled and made available to the public. The bill will next be considered by the full Senate.

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