Bipartisan Bill Overhauls State’s Right to Know Statute
If a public information request becomes too costly for an individual or organization to pursue, that, in essence, means constitutional access to public documents is denied.
On May 8, Gov. Greg Gianforte signed into law House Bill 100, which was requested by the Department of Administration, and sponsored by Rep. Bill Mercer of Billings. The bill amends Montana’s public record laws by defining fees a public agency may charge when responding to a request, setting an hourly fee limit, establishing response deadlines for certain agencies, and creating a private cause of action when the agency fails to meet the set response deadline.
The procedures, timelines and fees charged for public information requests vary widely from agency to agency. Once this law goes into effect in October, all state agencies must streamline how they respond to public records requests by following more consistent and predictable public access processes.
In hopes to enhance public access to information, HB 100 revises the laws governing public records to require that the first hour of service for public information requests be provided free of charge, with a subsequent fee limit of $25 per hour for additional services. This amended provision may be monumental, as prior to HB 100, agencies had discretion to charge Montanans whatever they wanted. As a result, Montanans seeking information could face quotes ranging from several hundred dollars to as high as $2,000 for their information requests. These variable and egregious costs can have a chilling effect on Montanans’ ability to access records. Additionally, the bill requires agencies to provide estimates of time and fees for fulfilling requests that are not easily identifiable. The legislation introduces a tiered fee structure for fulfilling requests, with certain fees waived for members of the Legislature. It’s arguably the duty of state agencies to ensure the public’s right to know is served, but if the cost is too great— in either cost or time — the right to know is not served. This bill hopes to ameliorate this.
The bill establishes a twoyear retention period for records of information requests and responses. It also mandates that public agencies designate a contact for information requests and publish a process for submitting these requests, along with statistics on the requests received. This transparency should make public information requests more accessible to the people of Montana.
The bill also allows individuals to file lawsuits if their requests are denied or not responded to in a timely manner – an essential tool to protect the right to know, though one that is often prohibitively expensive for everyday Montanans.
The original bill proposed a $25 filing fee for public information requests, which advocates argued could deter routine reporting. In response to concerns about bot-generated requests overwhelming state agencies, the Department of Administration supported a minimal fee. Ultimately, advocacy groups and Sen. Janet Ellis of Helena worked to amend the bill, reducing the fee to $5, which will be credited toward any additional costs incurred.
While HB 100 represents a step forward in promoting transparency, its implementation will be key to its success. Each agency will interpret the new law differently, creating many systems from which we will surely see improvements and new frustrations. If agencies can effectively manage the demand for public records without compromising quality or privacy, the bill could significantly improve public trust in government operations.
