Fewer than a third of Montana’s state lawmakers have signed a waiver allowing the public to view behind-the-scenes information used to draft bills. That’s a change from previous legislative sessions, when those files were fully public.
Long before bills are heard on the House or Senate floor in Montana, they amass a pile of information. Early drafts and notes passed between lawmakers, the drafter and outside groups about its contents and intent all become part of the so-called “junque” file.
Those files have been redacted or largely inaccessible to the public in many cases since late last year. The nonpartisan Legislative Services Division, which drafts bills for lawmakers, says the policy change is in response to a district court judge who ruled lawmakers can withhold their privileged communications with private citizens.
A coalition including Montana media organizations are suing for access to the withheld files. One of the plaintiffs is the Montana Broadcasters Association, which MTPR belongs to.
With the Legislative session underway, some lobbyists and lawmakers say the new rule keeps the public in the dark.
Anne Hedges is policy director for the Montana Environmental Information Center.
“I think Legislative Services has gone way too far,” Hedges says. “We’re really disappointed in the approach they’re taking, and we hope that it gets corrected soon.”
Plaintiffs in the lawsuit note that files associated with early bill drafts have been available to the public for nearly 30 years, due to a district court decision in 1995.
As of January 14, 46 lawmakers had signed off on making all their communications about bill drafts publicly accessible. The rest either hadn’t responded to Legislative Services’ waiver, or declined to provide access.
Democratic Missoula Sen. Ellie Boldman says the policy change makes it harder to do her job because it blocks her from an early look at what other lawmakers are working on.
“It’s a bummer, and it’s a waste of time,” Boldman told MTPR. “We only have 90 days, and it’s a bit of drinking from a fire hose over here.”
In an email to MTPR, Legislative Services director Jerry Howe said he can’t comment on the ongoing lawsuit over access to lawmaker communications. He added his staff is working “around the clock” to prepare bill drafts, and said the division may change its policies in the future based on the pending litigation.
MTPR's Shaylee Ragar contributed to this report.