Associated Press Newswires
Copyright 2003. The Associated Press. All Rights Reserved.
Tuesday, March 25, 2003
Senator, administration abandon terrorism security bill
By BOB ANEZ
Associated Press Writer

HELENA (AP) - A Republican lawmaker and the Martz administration have 
dropped a bill allowing state government to withhold information it 
considers too sensitive as a matter of security and safety.

Sen. Walt McNutt of Sidney said Tuesday he's scrapping the measure 
because it may go too far in keeping secrets and may not be necessary to 
deal with what he considers responsible news media in Montana.

Chuck Butler, communications director for Gov. Judy Martz, said the 
administration shares that view.

"We're going to respect the judgment of the media and others to 
respect the safety of Montanans" in requesting sensitive information and 
deciding what to publish or broadcast, he said.

Butler said abandoning the measure also was prompted by the attorney 
general's decision to not support the bill in the House.

Senate Bill 142 was the administration's response to concerns about 
being able to keep confidential any information that could be used by 
terrorists to target Montana's public works, such as water supply 
systems, dams, electrical grids and telecommunication networks.

The measure, which passed the Senate 48-2, was criticized by news 
organizations as creating a sweeping exception to the public's 
constitutional right to know what government is doing. Opponents also 
said existing laws provide all the protection government needs.

But administration officials called the bill a narrow and moderate 
approach to the need for more confidential information at a time when 
threats to public facilities and officials are a major concern.

McNutt said his goal was not to shut the door to government 
information, but he has had second thoughts about the potential effects 
of his bill.

"This could give an agency a little more reason to withhold 
information they shouldn't," he said. "I was concerned that it might get 
out of hand."

McNutt said his decision to abandon the bill also was prompted by TV 
coverage of the war in Iraq. News organizations covering the war have 
demonstrated restraint in not disclosing location of troops or showing 
video of dead U.S. soldiers, he noted.

"Seeing media deal with the war, they can be responsible," McNutt 
said. "The media is responsible enough not to publish that stuff and we 
probably don't need a bill to tie up some information. I don't think we 
should lock them out of information.

Butler said the administration, too, believes government can work 
with the news media to ensure that information posing a threat to safety 
and security of people or public facilities is not disclosed.

"If they're sensitive issues, we'll respect the judgment of the 
media," he said.

Chris Tweeten, chief civil counsel for Attorney General Mike McGrath, 
said the Justice Department backed SB142 in the Senate, but decided not 
to testify at any House hearing on the measure.

That doesn't mean the department opposes the bill; only that it is 
targeting legislative efforts on issues of greater importance to the 
agency, he said.

Also, he said, the bill may have some constitutional problems and 
seems unnecessary. "You can make an argument that nothing in this bill 
would allow you to do anything you could not do under current law."