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Ensuring transparency and accountability in state government
In an efort to increase accountability and oversight of state government agencies’ operations and spending, Senator Tom McGillvray, R-Billings, introduced Senate Bill 73. SB 73 was requested by the Legislative Audit Committee, which I am the vice chair and presumptive chair of, to ensure that auditors can access the information they need to fulfill their constitutional oversight role.
Looking to elected and appointed ofcials for ofcial misconduct in cases where audit access is refused or obstructed.
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The right to audit exists in both federal and state law so that lawmakers and the public know taxpayer money is accounted for and laws are being efectively implemented. Unlike many other states that have robust laws enforcing the rights of their auditors to access records, Montana currently lacks an enforcement mechanism to ensure auditors get the information they need.
SB 73 also adds confidentiality provisions to protect the integrity of the audit process.
by Jason Ellsworth
Montana’s legislative auditors have reported increasing attempts by state agencies to question, delay, or undermine auditors’ access to information. These issues have occurred under various administrations and agencies over a period of several years. It’s been a bipartisan problem and a bipartisan concern at the legislature.


SB 73 would strengthen the Legislative Auditor’s ability to access information, records, and data in state agencies by creating an enforcement mechanism to ensure compliance from government agencies. The bill would apply criminal penalties
Auditing the other branches of government is a constitutional responsibility of the Legislature. Blocking or delaying auditors’ access to information goes against the public’s interest, good government, and the state constitution. This is not a new issue and it’s not a Republican or Democrat issue. This is about independent oversight and accountability of state government for the people of Montana.
The Legislative Audit Committee is an integral part of healthy governance, and that’s why SB 73 is so important. Guaranteeing that information being provided is not only accurate, but also complete, is critical for a well-informed legislature and public.
I’m a strong supporter of Senate Bill 73. No entity in the state of Montana does more to provide transparency and accountability in state government operations than the Legislative Audit Division. Auditors must be able to do their critical work in an efective and timely fashion, and that’s what SB 73 is all about.

Jason Ellsworth, a Republican, represents Senate District 43 in the Bitterroot Valley and is President of the Montana Senate.

