2007 Montana Legislature

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SENATE BILL NO. 109

INTRODUCED BY R. LAIBLE

 

A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING STANDING TO SUE FOR ALLEGED VIOLATIONS OF OPEN MEETING LAWS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     NEW SECTION.  Section 1.  Violations -- standing to bring action against public agency. (1) The denial by a public agency or association described in 2-3-203 of a citizen's right to observe and participate in the actions and deliberations of the public agency constitutes an injury to the citizen. An allegation in a petition brought under this part that the petitioner has been denied the right to observe and participate in a public agency's decisionmaking is sufficient to establish standing to bring suit for the alleged violation.

     (2) If a public agency or association described in 2-3-203 has geographical boundaries, the citizen must be a resident within the geographical boundaries to have standing under subsection (1).

 

     NEW SECTION.  Section 2.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 2, chapter 3, part 2, and the provisions of Title 2, chapter 3, part 2, apply to [section 1].

 

     NEW SECTION.  Section 3.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of SB 109 (SB0109.01)
Processed for the Web on December 18, 2006 (4:00pm)

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