SENATE BILL NO. 209
INTRODUCED BY M. WATERMAN
AN ACT CLARIFYING THAT THE CONSTITUTIONAL BALANCING TEST OF DETERMINING WHETHER A RIGHT OF INDIVIDUAL PRIVACY CLEARLY EXCEEDS THE MERITS OF PUBLIC DISCLOSURE APPLIES TO THE DISCLOSURE OF THE TERMS OF A COMPROMISE OR SETTLEMENT OF A CLAIM AGAINST THE STATE OR A POLITICAL SUBDIVISION; AMENDING SECTIONS 2-9-303 AND 2-9-304, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-9-303, MCA, is amended to read:
"2-9-303. Compromise or settlement of claim against state. (1) The department of administration
may compromise and settle any claim allowed by parts 1 through 3 of this chapter, subject to the terms
of insurance, if any. A settlement from the self-insurance reserve fund or deductible reserve fund
exceeding $10,000 must be approved by the district court of the first judicial district except when suit
has been filed in another judicial district, in which case the presiding judge must shall approve the
compromise settlement.
(2) All terms, conditions, and details of the governmental portion of a compromise or settlement agreement entered into or approved pursuant to subsection (1) are public records available for public inspection unless a right of individual privacy clearly exceeds the merits of public disclosure."
Section 2. Section 2-9-304, MCA, is amended to read:
"2-9-304. Compromise or settlement of claim against political subdivision. (1) The governing body of each political subdivision, after conferring with its legal officer or counsel, may compromise and settle any claim allowed by parts 1 through 3 of this chapter, subject to the terms of insurance, if any.
(2) All terms, conditions, and details of the governmental portion of a compromise or settlement agreement entered into pursuant to subsection (1) are public records available for public inspection unless a right of individual privacy clearly exceeds the merits of public disclosure."
Section 3. Effective date. [This act] is effective on passage and approval.
Section 4. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to the compromise or settlement of claims entered into prior to [the effective date of this act].
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Latest Version of SB 209 (SB0209.ENR)
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