Montana Media Wins Court Battle for Legislative Bill Draft Access

Adapted from the MT Lowdown, a weekly newsletter published every Friday.


In court, media outlets argue for access to legislative records

This story is adapted from the MT Lowdown, a weekly newsletter digest containing original reporting and analysis published every Friday.

Montana Free Press is actively involved in a significant legal battle to preserve public access to the Legislature’s bill drafting “junque files,” vital documents containing correspondence among lawmakers, lobbyists, and legislative drafters. These documents had been public for decades until legislative lawyers restricted access last fall. A court ruling on January 21 granted access to these essential files, enabling the release of several requested documents. These files underscore the importance of transparency in legislative processes. More details here.

One disclosed file highlights a bill draft for a property tax exemption, prompted by Sen. Wendy McKamey and involving lobbyist Mark Baker. The draft intends to extend a 10-year property tax exemption for wireless infrastructure, similar to the 2021 tax break for wired broadband. The exemption is expected to incentivize telecom infrastructure expansion in rural Montana, a move that could benefit several of Baker’s clients, including AT&T and Charter Communications. A full file release further detailed Baker’s involvement.

Baker, a noted lobbyist at the Montana Capitol, has not commented on the draft, citing the need for authorization from AT&T. He represents multiple clients, including Exxon Mobil and Airbnb, before the Legislature. McKamey, yet to decide on the bill’s introduction, noted the proposal’s potential to boost broadband connectivity, especially in rural areas.

This case exemplifies typical legislative collaboration, where lawmakers engage lobbyists for their expertise in bill drafting. The process often involves discussions on tax exemptions’ public value, a common legislative strategy. The current draft affects substantial infrastructure investments and potential shifts in property tax liabilities. Despite the routine nature of such legislative processes, the involvement of a prominent lobbyist and the financial stakes involved highlight the public interest in maintaining transparency. For more insights, read the court decision details.

Public disclosure of junque files is crucial for informed legislative reporting and public awareness of state Capitol activities. Although McKamey may introduce the bill in the future, which would prompt public hearings and debates, the draft currently contains limited information on the Legislature’s official website. Journalists rely on various resources, including junque files, to provide comprehensive coverage of legislative developments. The judiciary’s support for transparency reinforces the significance of public access. Explore the draft’s website.


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