- 2025
69th Legislature 2025 HB 100
- 1 - Authorized Print Version – HB 100
ENROLLED BILL
AN ACT GENERALLY REVISING PUBLIC RECORD LAWS; ESTABLISHING REQUIREMENTS AND
DEADLINES FOR PUBLIC AGENCIES THAT ARE NOT LOCAL GOVERNMENTS; GENERALLY REVISING
FEES FOR PUBLIC INFORMATION REQUESTS; ESTABLISHING A 2-YEAR RETENTION PERIOD OF
INFORMATION REQUESTS AND RESPONSES FOR PUBLIC AGENCIES THAT ARE NOT LOCAL
GOVERNMENTS; ESTABLISHING THE FEES THAT A PUBLIC AGENCY MAY CHARGE WHEN
RESPONDING TO PUBLIC INFORMATION REQUESTS; PROVIDING THAT THE FIRST HOUR OF
SERVICE NOT BE CHARGED; ESTABLISHING AN HOURLY FEE LIMIT; ALLOWING A PERSON TO FILE
AN ACTION IN DISTRICT COURT IF A PUBLIC AGENCY THAT IS NOT A LOCAL GOVERNMENT FAILS TO
MEET THE RESPONSE DEADLINE; AMENDING SECTIONS 2-6-1006 AND 2-6-1009, MCA; AND
PROVIDING EFFECTIVE DATES AND A TERMINATION DATE.”
WHEREAS, the right to know is a fundamental right; and
WHEREAS, consistent application of the right to know in the branches of state government is in the
public interest; and
WHEREAS, access to public information is essential to participation in the activities of state
government; and
WHEREAS, in the absence of standards of general application, the agencies and branches of state
government have each developed their own procedures and fees for obtaining access to public information;
and
WHEREAS, inconsistency and unpredictability lead to uncertainty on the part of individuals seeking
access to public information; and
WHEREAS, such uncertainty may discourage people from exercising the right to know; and
WHEREAS, providing consistent standards for handling public information requests across the
agencies and branches of state government and setting reasonable limits on the fees charged to individuals - 2025
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requesting public information ensure people will know what to expect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-6-1006, MCA, is amended to read:
"2-6-1006. (1) (a) A person may request public information
from a public agency. A public agency shall make the means of requesting public information accessible to all
persons.
(b) (i) All public agencies are governed by this subsection (1).
(ii) A public agency that is not an executive branch agency must meet the requirements of
subsection (2) when responding to a public information request.
(iii) (A) Except as provided in subsections (1)(b)(iii)(B) and subsection (1)(b)(iv), all executive
branch agencies must meet the requirements of subsection (3) when responding to a public information
request.
(B) The provisions of subsection (3) apply to the secretary of state, the justice department, the
superintendent of public instruction, and the state auditor beginning on October 1, 2025.
(iv) The secretary of state must meet the requirements of subsection (4) regarding fees.
(c) A public agency other than the office of the secretary of state may charge, pursuant to this
subsection (1)(c), a fee for fulfilling a public information request. Except where a fee is otherwise provided for
by law, the fee may not exceed the actual costs directly incident to fulfilling the request in the most cost-efficient
and timely manner possible a fee pursuant to subsections (1)(e) and (5) and this subsection (1)(c). The fee
must be documented. The fee may include the time required to gather public information. The public agency
may require the requesting person to pay the estimated fee prior to identifying and gathering the requested
public information.
(d) A public agency is not required to alter or customize public information to provide it in a form
specified to meet the needs of the requesting person.
(e) If a public agency agrees to a request to customize a records request response, the costs of
the customization may be included in the fees charged by the agency. - 2025
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(2) Upon receiving a request for public information, a public agency that is not an executive branch
agency shall respond in a timely manner to the requesting person by:
(a) making the public information maintained by the public agency available for inspection and
copying by the requesting person; or
(b) providing the requesting person with an estimate of the time it will take to fulfill the request if the
public information cannot be readily identified and gathered and as well as any fees that may be charged
pursuant to subsection (1)(c).
(3) (a) (i) An executive branch agency shall respond to a public information request by
acknowledging receipt of the request within 5 business days of the agency's designated contact person
receiving the request. Except for confidential, privileged, or otherwise protected information that is not subject to
public disclosure under applicable law and information withheld from public scrutiny as provided in 2-6-1003,
the executive branch agency shall respond by:
(i)(A) making the public information maintained by the executive branch agency available in a timely
manner for inspection and copying by the requesting person;
(ii)(B) providing a specified public record to the requesting person within 5 working days of the
executive branch agency's acknowledgment of receipt of the request if the request is for a single, specific,
clearly identifiable, and readily available public record. This subsection (3)(a)(ii) does not apply to requests
pertaining only to a specified person or property, including requests for applications, vital records, licenses,
permits, or registrations; or
(iii)(C) responding as provided in subsection (3)(b).
(ii) Subsection (3)(a)(i)(B) does not apply to requests pertaining only to a specified person or
property, including requests for applications, vital records, licenses, permits, or registrations.
(b) (i) If a request seeks public information that cannot be readily identified and gathered, the
agency shall provide the requesting person an estimate of the time it will take to fulfill the request and any fees
that may be charged pursuant to subsection (1)(c) and shall provide the public information to the requesting
person in a timely manner, which may be, except as provided in subsection (3)(b)(ii), within either:
(A) 90 days of the public agency's acknowledgment of the request; or
(B) 6 months of the public agency's acknowledgment of the request if the agency determines 90 - 2025
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days is not feasible for a response and the agency provides the requesting person written notice explaining why
the agency is unable to provide a response within 90 days.
(ii) If an executive branch agency requires a requesting person to pay an estimated fee pursuant
to subsection (1)(c), the agency's obligation to respond to the request is suspended upon sending the estimate
to the requesting person and remains suspended until the requesting person makes payment.
(c) An executive branch agency may request additional information or clarification from a
requesting person for the purpose of expediting the agency's response to the request. If the agency has
requested additional information or clarification, the agency's obligation to respond to the request is suspended
until the requesting person provides the requested information or clarification or until the requesting person
denies the agency's request for additional information or clarification. If a person requesting public information
fails to respond within 30 days to an agency's request for additional information or clarification, the agency may
close the request after notifying the requesting person.
(d) Each executive branch agency must have a designated contact for public information requests
posted on its website.
(e) By November 1, 2024, or 1 month after this section becomes applicable to an executive branch
agency, whichever occurs second, an executive branch agency that is subject to this subsection (3) shall:
(i) establish a public information request process describing the steps for submitting a request and
the process the agency will follow when responding to a request for public information, which must be published
on a state website;
(ii) provide statistics about public information requests received by the designated contact of the
agency, including the number of requests and the agency's response time to fulfill or otherwise resolve the
requests; and
(iii) retain and publish on a state website the public information requests the agency has received
and the agency's response. Requests and responses must be available for 2 years from the date of the
request. The agency is not required to publish requests or responses if the request:
(A) was not submitted according to the agency's posted process;
(B) pertains only to a specific person or property, including requests for applications, vital records,
licenses, permits, registrations, and related supporting documents; or - 2025
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(C) was for information accessible on a state website or other publication available at the time the
request was made.
(4) (a) The secretary of state is authorized to charge fees under this section. The fees must be set
and deposited in accordance with 2-15-405. The fees must be collected in advance.
(b) The secretary of state may not charge a fee to a member of the legislature or a public officer for
any search relative to matters pertaining to the duties of the member's office or for a certified copy of any law or
resolution passed by the legislature relative to the member's official duties.
(5) A public agency may charge the following fees:
(a) fees for making public information maintained by the public agency available for inspection and
copying by the requesting person at the public agency. A public agency that incurs a cost may only charge for it
once pursuant to subsections (5)(a)(i) through (5)(a)(v). These fees may include but are not limited to:
(i) fees not exceeding $25 an hour for searching for, gathering, reviewing, processing, and
providing information in the most cost-efficient and timely manner possible;
(ii) the actual cost to fulfill the request, subject to the limit provided in subsection (5)(a)(i);
(iii) the cost of providing the public information to the requester, including but not limited to copying
and media costs;
(iv) a convenience fee as provided in 2-17-1102, if applicable; and
(v) other reasonable costs directly incurred by the public agency.
(b) fees for fulfilling a request for a single, specific, clearly identifiable, and readily available public
record. A public agency that incurs a cost may only charge for it once pursuant to subsections (5)(b)(i) through
(5)(b)(v). These fees may include but are not limited to:
(i) fees not exceeding $25 an hour for gathering, reviewing, processing, and providing information
in the most cost-efficient and timely manner possible;
(ii) the actual cost to fulfill the request, subject to the limit provided in subsection (5)(b)(i);
(iii) the cost of providing the public information to the requester, including but not limited to
scanning, copying, media, postage, and shipping costs;
(iv) a convenience fee as provided in 2-17-1102, if applicable; and
(v) other reasonable costs directly incurred by the public agency. - 2025
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(c) fees for fulfilling a request for public information that is not a request for a single, specific,
clearly identifiable, and readily available public record. A public agency that incurs a cost may only charge for it
once pursuant to subsection (5)(c)(i) through (5)(c)(vi).
filing fee in subsection (5)(c)(i) is paid, these fees may include but are not limited to:
(i) a filing fee not to exceed$5;
(ii) fees not exceeding $25 an hour for searching for, gathering, reviewing, processing, and
providing information in the most cost-efficient and timely manner possible;
(iii) the actual cost to fulfill the request, subject to the limit provided in subsection (5)(c)(ii);
(iv) the cost of providing the public information to the requester, including but not limited to
scanning, copying, media, postage, and shipping costs;
(v) a convenience fee as provided in 2-17-1102, if applicable; and
(vi) other reasonable costs directly incurred by the public agency.
"
Section 2. Section 2-6-1006, MCA, is amended to read:
"2-6-1006. (1) (a) A person may request public information
from a public agency. A public agency shall make the means of requesting public information accessible to all
persons.
(b) (i) All public agencies are governed by this subsection (1).
(ii) A public agency that is not an executive branch agency local government must meet the
requirements of subsection (2) when responding to a public information request. A local government is not
subject to subsection (3).
(iii) (A) Except as provided in subsections (1)(b)(iii)(B) and (1)(b)(iv), all executive branch agencies
subsection (1)(b)(iv), a public agency that is not a local government must meet the requirements of subsection
(3) when responding to a public information request.
(B) The provisions of subsection (3) apply to the secretary of state, the justice department, the
superintendent of public instruction, and the state auditor beginning on October 1, 2025.
(iv) The secretary of state must meet the requirements of subsection (4) regarding fees. - 2025
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(c) A public agency other than the office of the secretary of state may charge, pursuant to this
subsection (1)(c), a fee for fulfilling a public information request. Except where a fee is otherwise provided for
by law, the fee may not exceed the actual costs directly incident to fulfilling the request in the most cost-efficient
and timely manner possible a fee pursuant to subsections (1)(e) and (5) and this subsection (1)(c). The fee
must be documented. The fee may include the time required to gather public information. The public agency
may require the requesting person to pay the estimated fee prior to identifying and gathering the requested
public information.
(d) A public agency is not required to alter or customize public information to provide it in a form
specified to meet the needs of the requesting person.
(e) If a public agency agrees to a request to customize a records request response, the costs of
the customization may be included in the fees charged by the agency.
(2) Upon receiving a request for public information, a public agency that is not an executive branch
agency local government shall respond in a timely manner to the requesting person by:
(a) making the public information maintained by the public agency local government available for
inspection and copying by the requesting person; or
(b) providing the requesting person with an estimate of the time it will take to fulfill the request if the
public information cannot be readily identified and gathered and as well as any fees that may be charged
pursuant to subsection (1)(c).
(3) (a) (i) An executive branch agency A public agency that is not a local government shall respond
to a public information request by acknowledging receipt of the request within 5 business days of the agency's
designated contact person receiving the request. Except for confidential, privileged, or otherwise protected
information that is not subject to public disclosure under applicable law and information withheld from public
scrutiny as provided in 2-6-1003, the executive branch agency a public agency that is not a local government
shall respond by:
(i)(A) making the public information maintained by the executive branch agency available in a timely
manner for inspection and copying by the requesting person;
(ii)(B) providing a specified public record to the requesting person within 5 working days of the
executive branch agency's acknowledgment of receipt of the request if the request is for a single, specific, - 2025
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clearly identifiable, and readily available public record. This subsection (3)(a)(ii) does not apply to requests
pertaining only to a specified person or property, including requests for applications, vital records, licenses,
permits, or registrations; or
(iii)(C) responding as provided in subsection (3)(b).
(ii) Subsection (3)(a)(i)(B) does not apply to requests pertaining only to a specified person or
property, including requests for applications, vital records, licenses, permits, or registrations.
(b) (i) If a request seeks public information that cannot be readily identified and gathered, the
agency a public agency that is not a local government shall provide the requesting person an estimate of the
time it will take to fulfill the request and any fees that may be charged pursuant to subsection (1)(c) and shall
provide the public information to the requesting person in a timely manner, which may be, except as provided in
subsection (3)(b)(ii), within either:
(A) 90 days of the public agency's acknowledgment of the request; or
(B) 6 months of the public agency's acknowledgment of the request if the agency determines 90
days is not feasible for a response and the agency provides the requesting person written notice explaining why
the agency is unable to provide a response within 90 days.
(ii) If an executive branch agency requires a requesting person to pay an estimated fee pursuant
to subsection (1)(c), the agency's obligation to respond to the request is suspended upon sending the estimate
to the requesting person and remains suspended until the requesting person makes payment.
(c) An executive branch agency A public agency that is not a local government may request
additional information or clarification from a requesting person for the purpose of expediting the agency's
response to the request. If the agency has requested additional information or clarification, the agency's
obligation to respond to the request is suspended until the requesting person provides the requested
information or clarification or until the requesting person denies the agency's request for additional information
or clarification. If a person requesting public information fails to respond within 30 days to an agency's request
for additional information or clarification, the agency may close the request after notifying the requesting
person.
(d) Each executive branch agency public agency that is not a local government must have a
designated contact for public information requests posted on its website. - 2025
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(e) By November 1, 2024, or 1 month after this section becomes applicable to an executive branch
agency, whichever occurs second, an executive branch agency that is subject to this subsection (3) November
1, 2026, a public agency that is not a local government shall:
(i) establish a public information request process describing the steps for submitting a request and
the process the agency will follow when responding to a request for public information, which must be published
on a state website;
(ii) provide statistics about public information requests received by the designated contact of the
agency, including the number of requests and the agency's response time to fulfill or otherwise resolve the
requests; and
(iii) retain and publish on a state website the public information requests the agency has received
and the agency's response. Requests and responses must be available for 2 years from the date of the
request. The agency is not required to publish requests or responses if the request:
(A) was not submitted according to the agency's posted process;
(B) pertains only to a specific person or property, including requests for applications, vital records,
licenses, permits, registrations, and related supporting documents; or
(C) was for information accessible on a state website or other publication available at the time the
request was made.
(4) (a) The secretary of state is authorized to charge fees under this section. The fees must be set
and deposited in accordance with 2-15-405. The fees must be collected in advance.
(b) The secretary of state may not charge a fee to a member of the legislature or a public officer for
any search relative to matters pertaining to the duties of the member's office or for a certified copy of any law or
resolution passed by the legislature relative to the member's official duties.
(5) A public agency may charge the following fees:
(a) fees for making public information maintained by the public agency available for inspection and
copying by the requesting person at the public agency. A public agency that incurs a cost may only charge for it
once pursuant to subsection (5)(a)(i) through (5)(a)(v). These fees may include but are not limited to:
(i) fees not exceeding $25 an hour for searching for, gathering, reviewing, processing, and
providing information in the most cost-efficient and timely manner possible; - 2025
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(ii) the actual cost to fulfill the request, subject to the limit provided in subsection (5)(a)(i);
(iii) the cost of providing the public information to the requester, including but not limited to copying
and media costs;
(iv) a convenience fee as provided in 2-17-1102, if applicable; and
(v) other reasonable costs directly incurred by the public agency.
(b) fees for fulfilling a request for a single, specific, clearly identifiable, and readily available public
record. A public agency that incurs a cost may only charge for it once pursuant to subsections (5)(b)(i) through
(5)(b)(v). These fees may include but are not limited to:
(i) fees not exceeding $25 an hour for gathering, reviewing, processing, and providing information
in the most cost-efficient and timely manner possible;
(ii) the actual cost to fulfill the request, subject to the limit provided in subsection (5)(b)(i);
(iii) the cost of providing the public information to the requester, including but not limited to
scanning, copying, media, postage, and shipping costs;
(iv) a convenience fee as provided in 2-17-1102, if applicable; and
(v) other reasonable costs directly incurred by the public agency.
(c) fees for fulfilling a request for public information that is not a request for a single, specific,
clearly identifiable, and readily available public record. A public agency that incurs a cost may only charge for it
once pursuant to subsections (5)(c)(i) through (5)(c)(vi).
filing fee in subsection (5)(c)(i) is paid, these fees may include but are not limited to:
(i) a filing fee not to exceed$5;
(ii) fees not exceeding $25 an hour for searching for, gathering, reviewing, processing, and
providing information in the most cost-efficient and timely manner possible;
(iii) the actual cost to fulfill the request, subject to the limit provided in subsection (5)(c)(ii);
(iv) the cost of providing the public information to the requester, including but not limited to
scanning, copying, media, postage, and shipping costs;
(v) a convenience fee as provided in 2-17-1102, if applicable; and
(vi) other reasonable costs directly incurred by the public agency.
- 2025
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,"
Section 3. Section 2-6-1009, MCA, is amended to read:
"2-6-1009.
prevailing party in certain actions to enforce constitutional or statutory rights. (1) A public agency that
denies an information request to release information or records shall provide a written explanation for the
denial.
(2) If a person who makes an information request receives a denial from a public agency and
believes that the denial violates the provisions of this chapter, the person may file a complaint pursuant to the
Montana Rules of Civil Procedure in district court.
(3) If a person who makes an information request to an executive branch agency a public agency
that is not a local government does not receive a response from the agency as required in 2-6-1006(3), the
person may file a complaint in district court.
(4) A person alleging a deprivation of rights who prevails in an action brought in district court to
enforce the person's rights under Article II, section 9, of the Montana constitution or under the provisions of Title
2, chapter 6, parts 10 through 12, may be awarded costs and reasonable attorney fees."
Section 4. If a part of [this act] is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
Section 5. (1) Except as provided in subsection (2), [this act] is effective October 1,
2025.
(2) [Sections 2 and 3] are effective July 1, 2026.
Section 6. [Section 1] terminates June 30, 2026.
- END - I hereby certify that the within bill,
HB 100, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 100
INTRODUCED BY B. MERCER
BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION
AN ACT GENERALLY REVISING PUBLIC RECORD LAWS; ESTABLISHING REQUIREMENTS AND
DEADLINES FOR PUBLIC AGENCIES THAT ARE NOT LOCAL GOVERNMENTS; GENERALLY REVISING
FEES FOR PUBLIC INFORMATION REQUESTS; ESTABLISHING A 2-YEAR RETENTION PERIOD OF
INFORMATION REQUESTS AND RESPONSES FOR PUBLIC AGENCIES THAT ARE NOT LOCAL
GOVERNMENTS; ESTABLISHING THE FEES THAT A PUBLIC AGENCY MAY CHARGE WHEN
RESPONDING TO PUBLIC INFORMATION REQUESTS; PROVIDING THAT THE FIRST HOUR OF SERVICE
NOT BE CHARGED; ESTABLISHING AN HOURLY FEE LIMIT; ALLOWING A PERSON TO FILE AN ACTION
IN DISTRICT COURT IF A PUBLIC AGENCY THAT IS NOT A LOCAL GOVERNMENT FAILS TO MEET THE
RESPONSE DEADLINE; AMENDING SECTIONS 2-6-1006 AND 2-6-1009, MCA; AND PROVIDING
EFFECTIVE DATES AND A TERMINATION DATE.”