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H5. Res. 6310 Public Records Request Fees and ProceduresCity Clerk’s Office (406) 758-7756 cityclerk@kalispell.com P.O. Box 1997, 201 First Avenue East Kalispell, Montana, 59903 www.kalispell.com REPORT TO: FROM: SUBJECT: Jarod Nygren, City Manager Aimee Brunckhorst, City Clerk & Communications Manager Public Records Request Fees and Procedures MEETING DATE: February 17, 2026 BACKGROUND: The public’s right to examine government documents within certain limitations is a fundamental right codified within the Constitution of the State of Montana. The City of Kalispell acknowledges this right and understands that access to public information is essential to participation in the activities of government. Staff strive to ensure that many city records are easily accessible online and have an extensive electronic library of routine records available to the public. While most non-routine records are also public records, they can take considerable staff time and expense to locate, collate, review, redact when necessary and disseminate. Examples of non- routine records include materials that must be reviewed to protect individual privacy, correspondence requests that take technology searches and review, copies of body worn or in-car camera recordings, court and police records, and extensive file records from the Development Services Department. With 75 to 150 non-routine general records requests, 175 police records requests, and several hundred municipal court requests each year, requests can take significant staff time, reducing time available for other duties. In 2017, Council passed Resolution 5804, modifying the fee schedule for copies and setting an hourly charge for staff time to compile and review non-routine records requests to the mid-rate of the City Clerk, with the first 15 minutes free. This allowed the fee to increase as wages increased. The resolution also set fees for out-of-pocket expenses directly associated with the request, and specific fees for police camera recordings as they require extensive review, redaction and processing costs due to the likelihood of containing confidential, private, and criminal justice information. During the 2025 State Legislative Session, House Bill 100 was passed revising public records request laws. The main changes made in HB 100 affecting local government are a requirement that the first hour of staff time to fulfill a non-routine records request be provided free of charge and setting a limit of $25 per hour for staff time beyond the first hour. The resolution before council is based on the new state law requirements regarding fees related to records requests. In addition to the reduction in the hourly rate, and providing the first hour of staff time free, a $5 filing fee for non-routine record requests as allowed in state statute has been added to help offset request management software. If the requester chooses to pay for the request online via credit card, the requester will pay the credit card fee directly to the card processing provider. Payment via mailed check will still be available. With a significant increase within the last five years in the number and complexity of non-routine records requests, and the importance of ensuring all requests are handled efficiently, the decision was made within the last budget cycle to purchase records request management software. The software should provide time saving measures such as tracking, storing, easier redacting, and packaging of completed records requests, and help ensure accountability. The process will also be easier for the public and include an option to pay for records requests online via credit card, which currently is not an option. The resolution before Council lists related specific procedures to ensure transparency and predictability for the public and a procedural outline for staff. Preparation and training to implement the software has been undertaken and the software would then be utilized with the passage of the resolution before Council. RECOMMENDATION: Approve Resolution 6310, a resolution superseding Resolutions 5128 and 5804, modifying the fee schedule for copies and research of public information and/or records, modifying procedures and requesting public records, implementation and collection of the fee schedule, and affirming the requirements of information to be retained by the City of Kalispell. ATTACHMENT: Resolution 6310 Resolution 5804 House Bill 100 RESOLUTION NO. 6310 A RESOLUTION SUPERSEDING RESOLUTIONS 5128 AND 5804, MODIFYING THE FEE SCHEDULE FOR COPIES AND RESEARCH OF PUBLIC INFORMATION AND/OR RECORDS, MODIFYING PROCEDURES FOR REQUESTING PUBLIC RECORDS, IMPLEMENTATION AND COLLECTION OF THE FEE SCHEDULE, AND AFFIRMING THE REQUIREMENTS OF INFORMATION TO BE RETAINED BY THE CITY OF KALISPELL. WHEREAS, under Montana Constitution, Article II, Sec. 2, the right to know is a fundamental right, and access to public information is essential to participation in the activities of government; and WHEREAS, providing consistent standards for handling public information requests and setting reasonable fees charged to individuals requesting public information ensure people know what to expect; and WHEREAS, §2-6-2003, Montana Code Annotated (MCA) states every person has a right to examine and obtain a copy of any public information of this state with certain limitations; and WHEREAS, the purpose of implementing a “public information request” policy is to: facilitate public access to City information and official records; protect individual privacy, confidentiality, business secrets, and copyrighted material; prevent excessive interference with other essential functions of the City; and develop a consistent and fair method of responding to requests for public information and records; and WHEREAS, §2-6-1006(1)(a), MCA, states, “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;” and WHEREAS, §2-6-2006(2), MCA, states, “[u]pon 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 making the public information available for inspection and copying or providing the requesting person with an estimate of the time it will take to fulfill the request if the information cannot be readily identified and gathered as well as any fees that may be charged;” and WHEREAS, HB 100 (69th Leg. 2025), codified in §2-6-1006(5), MCA, allows for a public agency to charge fees for making public information available for inspection and copying, for a single, specific, clearly identifiable, and readily available public record, and for information that is not a request for a single, specific, clearly identifiable, and readily available public record; and WHEREAS, HB 100 (69th Leg. 2025), codified in §2-6-1006(5), MCA, further allows for a local government to charge a filing fee, an hourly fee after the first hour of service, the actual cost to fulfill the request, the cost of providing the public information to the requester, a convenience fee as provided in §2-17-1102, MCA; and other reasonable costs directly incurred by the local government; and WHEREAS, §2-6-1009(1), MCA, requires that a public agency that denies an information request to release information or records shall provide a written explanation for the denial; and WHEREAS, the City Council previously approved Resolution 5128 on July 17, 2006, establishing fees for copies of public records from city offices; and WHEREAS, the City Council previously approved Resolution 5804 on February 6, 2017, setting a fee schedule for copies and research of public records from city offices; and WHEREAS, The City will regularly review its fee schedule and make adjustments when necessary to ensure the fees are nondiscriminatory, equitable and reasonable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit y of Kalispell, Montana, that the following policy and procedures shall be adopted and shall be followed in responding to requests for public information and/or records and that the fee schedule listed herein is hereby adopted and shall be applied: SECTION 1: DEFINITIONS The following definitions apply to Sections 3, 4, and 5 of this Resolution: 1. Routine Public Records: A. Material that is prepared for the public and made available to them on a regular basis. This information is often prepared for promotional or advisory reasons and prepared for general distribution. No request form is required for these materials. B. Examples: Ordinance, Resolutions, Minutes, City Council Agendas, Meeting Packets, Board and Commission Agendas, Brochures, Pamphlets, and Applications. C. Many of the routine public information items can be found on the City website: www.kalispell.com. 2. Non-Routine Public Records: A. Material prepared in the regular course of City business (i.e. regular departmental business records) that document regular business transactions by each department but is not prepared for mass distribution. The request form must be completed. B. If a department has received a ruling from the City Attorney's Office regarding a type of record or information created and maintained by the department, the department shall continue to use that directive until notified otherwise. 3. All other definitions per § 2-6-1002, MCA are hereby incorporated and adopted by this resolution. SECTION 2: RETENTION SCHEDULES The City of Kalispell maintains information and records in accordance with the adopted records retention schedules adopted, approved, and updated by the Local Government Records Committee defined by §2-6-1201, et seq, MCA. SECTION 3: PROCEDURES 1. All requests for public information must be subject to this Resolution. 2. The City Clerk has developed an online information request form used in processing requests for non-routine public records and will review and revise the form as needed. 3. For all non-routine public information, the person or entity requesting such record must complete the form and submit it online for distribution to the appropriate department, or if submitting the form in person, to the City Clerk’s office for distribution to the appropriate department. This form serves six functions: A. To give the City a comprehensive understanding of the specific information being requested; B. To allow the City Attorney, if necessary, to review the request pursuant to this Resolution and law; C. To facilitate making documents repeatedly requested available on the internet or to add the requested documents to a list of routine public records requests for which fees are not charged; D. To facilitate communication with the requester; E. To provide a receipt for monies collected; and F. To allow for regular data collection and reporting. 4. The City Clerk’s office must be the custodian of all completed requests. When fulfilling a request for public records the following procedures apply: A. Upon a request for public information, the online portal will forward the request to the proper City department. In the event the portal cannot identify the proper department, the City Clerk will forward the request to the proper department. I. If upon review by the proper City department, it is determined that the request cannot be fulfilled as originally received, additional information may be required from the requestor. II. If a requestor fails to respond to a request for additional information, the original request may be closed due to non-responsiveness. B. The Department will estimate the time it will take to fulfill the request and all applicable charges (see section 4). The Department will forward an invoice to the requester and await payment. C. The Department will process the request, tracking time spent on the request and forward to the Department Director or designee(s) to determine whether the compiled information can be released to the requester (after full payment is received) or must first be forwarded to the City Attorney’s Office for review. D. The City Attorney’s Office, tracking time spent, will review the response to determine whether the information contained in the compiled response can be released. The City Attorney must consider whether the responsive materials contain information related to a matter of individual privacy, confidential criminal justice information, confidential business or trade secrets, copyrighted material, proprietary financial information, important security information, or other information that would prohibit disclosure of such information to the requestor. The City Attorney’s Office will estimate time to perform any needed redactions, sending the requester an invoice. Once paid the Attorney’s office will complete redactions and a redaction log and notify the Department of the time spent on the request. E. The Department will determine whether the full time spent on the request requires additional payment from the requester, or a refund is appropriate and invoice accordingly. F. Once full payment is made, the Department will release the record. G. If the requester fails to pay within 30 calendar days, the request may be closed due to non- payment. H. All requests for non-routine records will be submitted and tracked through the records request software, or in its absence by the City Clerk’s Office. 5. Once a request for information has been received, a response will be made within a reasonable amount of time. The following exceptions may apply: A. a record does not exist, or the information cannot be found; or, B. if a record is in use or unusual circumstances have delayed handling the request, the requester must be informed of the reason for the delay and of a reasonable time frame for response; or, C. the request is denied, and the requester will be informed of the reason for the denial. 6. Request forms must be available on the city website www.kalispell.com for citizens seeking non-routine public information. Physical forms can be requested directly from the City Clerks’ Office. 7. A Digital File Use Agreement may be required for requests for proprietary electronic public information requests. 8. No new document or record will be created to respond to a request. Applicable records may be made available for the requester to compile their own data subject to law, including the legal restrictions regarding creation of mailing lists from public records. See §2-6-1017, MCA. 9. Any request, which does not refer to an "identifiable" public record or information, shall not be processed until the requester provides further information. The applicable City department receiving the request must notify the requester that further information is required before the request can be processed. 10. The City must notify the requester of fees charged per the fee schedule before proceeding with processing the request, provide an estimate of the total fee for compiling the requested information, thereby allowing requester the right to modify or cancel the request. 11. The City makes reasonable accommodation for people with disabilities in compliance with established policies and as required by law. 12. This Resolution does not supersede any rules of evidence or rules governing the production of information or documentation in the course of litigation. SECTION 4: FEES/CHARGES FOR PUBLIC RECORDS 1. No fee will be charged for requests of records deemed by the City to be routine public records as defined in Section 4 of this resolution. 2. A filing fee of $5 will be charged for all non-routine records requests as allowed in §2-6-1006 (5)(c)(i), MCA. 3. Items that take over 60 minutes to locate and disseminate shall be charged $25 per hour, as allowed by statute (§2-6-1006(5), MCA. 4. Requests that are subject to the “per hour rate” shall also be charged at the rate of $0.25/page for costs associated with copying materials. 5. Fees for published and/or documents prepared by commercial print shops will be based on an established “document charge.” 6. A City department may establish fees for specific records contained in their departments, such as maps, plats, etc. Such fee schedule shall be approved by the City Manager and posted in each department. For records not specific to a department, the departmental fee schedules should not conflict with the specific charges listed in this section. 7. Copies of electronically stored records provided in electronic format will be charged as follows (§2-6-1006(5), MCA): A. the City’s actual cost per unit of electronic media used to provide the public record. For security purposes, the City will provide all blank media; B. expenses incurred by the City as a result of computer processing charges; C. out-of-pocket expenses directly associated with the request; and D. the hourly rate as provided in Section 4.3 of this Resolution, E. A convenience fee may be charged as provided in §2-17-1102 to recover the costs of providing digital government services. 8. Records provided to other governmental agencies may be provided on a “reciprocal” basis at the discretion of the department director responsible for the record. 9. Payment of charges must be received before delivery of the records to the requester. 10. To the extent possible, departments are encouraged to provide on the City’s external website or on the City’s document center records citizens request most frequently. 11. Records requests and the information provided may be available through the website at the Director or City Clerk’s discretion. 12. The City will determine on a case-by-case basis whether an employee must be present to observe and supervise the examination of documents and whether documents can be removed from their official storage location. Where it is necessary to maintain the integrity and security of City records, a fee as determined by the hourly rate at the time will be charged for the City’s supervision of the search and examination and copying of public records. 13. The City Manager may waive fees or reduce fees upon demonstration by the requestor that payment of the fees required under this Resolution will result in undue hardship. SECTION 5: EXEMPTIONS The following public records are exempt from public disclosure unless required by court order or dissemination is required pursuant specific statutory authorization: 1. Medical records. 2. Personnel Records concerning a current or former employee or applicant for employment that disclose the individual's home address, home telephone number, social security number, marital status, payroll deductions, insurance coverage, or other privacy information. 4. Performance evaluations. 5. Certain donor records including financial or physical donations where the donor requests to remain anonymous. 6. Ownership or pledge of public obligations (§17-5-1106, MCA). 7. Criminal justice records or Municipal Court Records (§44-5-301, et seq. MCA). 8. Vehicle accident reports (§61-7-114, MCA). 9. Insurance information (§50-63-403, MCA). 10. Any other records held or maintained by the City made confidential by law. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 17TH DAY OF FEBRUARY 2026. _______________________________ Ryan Hunter Mayor ATTEST: _____________________________________ Aimee Brunckhorst City Clerk RESOLUTION NO. 5804 A RESOLUTION SUPERSEDING RESOLUTION 5128, SETTING A FEE SCHEDULE FOR COPIES AND RESEARCH OF PUBLIC RECORDS FROM THE CITY OF KALISPELL. WHEREAS, pursuant to §§ 2-6-1006, 7-1-4123 and 7-1-4144, Montana Code Annotated MCA) all materials kept as records that are in the possession of the City and not otherwise restricted by law from dissemination shall be available for inspection and reproduction by any person during normal office hours subject to reasonable fees imposed by the governing body to recover the costs of complying with the records request; and WHEREAS, the City Council previously approved Resolution 5128 on July 17, 2006, establishing fees for copies of public records from city offices; and WHEREAS, The City will regularly review its fee schedule and make adjustments when necessary to ensure the fees are nondiscriminatory, equitable and reasonable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kalispell, Montana, that the fee schedule listed herein is hereby adopted and shall be applied: 1. Charges for paper copies of non-routine public records shall be charged at the rate of 0.50/page for material that can be found and copied in 15 minutes or less and any out-of-pocket expenses directly associated with the request. Items that take over 15 minutes to locate and copy shall be charged the mid-level hourly market rate at the time of the request for a Kalispell City Clerk. 2. Requests that are subject to the “per hour rate” shall also be charged at the rate of 0.25/page for costs associated with copying materials and any other out-of-pocket expenses directly associated with the request. 3. Fees for published and/or documents prepared by commercial print shops will be based on the actual fee charged by the print shop. 4. A City department, board, committee, or agency may establish fees for specific records contained in their departments, such as maps, plats, audio and video recordings, etc. Such fee schedule shall be approved by the City Manager and posted in each department. For records not specific to a department, the departmental fee schedules should not conflict with the specific charges listed in this section. 5. Copies of records provided in electronic format will be charged as follows: a) the City’s actual cost per unit of the electronic media used to provide the public record. For security purposes, the City will provide all blank media; b) expenses incurred b y the City as a result of computer processing charges; c) expenses incurred by the City for providing on-line computer access; d) out-of-pocket expenses directly associated with the request; and e) the mid-level hourly rate at the time of the request for a Kalispell City Clerk for each hour, or fraction of an hour, after fifteen minutes of service has been provided. 6. Fee for Obtaining a Copy of Body Worn Camera, and In-car Camera Recordings. a) This section is the sole authority under which a copy of a body worn camera and In- car Camera recording may be obtained from the Kalispell Police Department. Privacy issues and the likelihood of criminal justice information being contained in these types of recordings require that each video be reviewed prior to release. Videos that contain confidential, private and/or criminal justice information may require redaction to comply with Montana privacy laws. b) The charge for obtaining a copy of a body worn camera, and in-car camera recording shall be: i) $20.00 per recording responsive to the request for information; and ii) $1.00 per full minute of video or audio footage responsive to the request for information, if identical information has not already been obtained by a member of the public in response to a request for information. iii) A law enforcement agency may provide a copy without charge, or at a reduced charge, if the agency determines waiver or reduction of the charge is in the public interest. 7. Records provided to other governmental agencies may be provided on a “reciprocal” basis at the discretion of the department director responsible for the record: 9. Payment for charges must be received before delivery of the records to the requester. A department director may make accommodations for payment b y entities frequentl y requesting records. 10. The City will determine on a case-by-case basis whether an employee must be present to observe and supervise the examination of documents and whether documents can be removed from their official storage location. Where it is necessary to maintain the integrit y and security of City records, a fee as determined by the mid-level hourly rate at the time of the request for a Kalispell City Clerk will be charged for the City’s supervision of the search and examination and copying of public records. - 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 69th Legislature 2025 HB 100 - 2 - Authorized Print Version – HB 100 ENROLLED BILL 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. Public information requests -- fees. (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 69th Legislature 2025 HB 100 - 3 - Authorized Print Version – HB 100 ENROLLED BILL (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 69th Legislature 2025 HB 100 - 4 - Authorized Print Version – HB 100 ENROLLED BILL 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 69th Legislature 2025 HB 100 - 5 - Authorized Print Version – HB 100 ENROLLED BILL (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 69th Legislature 2025 HB 100 - 6 - Authorized Print Version – HB 100 ENROLLED BILL (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). After the first hour of service, which is free after the 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. Public information requests -- fees. (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 69th Legislature 2025 HB 100 - 7 - Authorized Print Version – HB 100 ENROLLED BILL (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 69th Legislature 2025 HB 100 - 8 - Authorized Print Version – HB 100 ENROLLED BILL 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 69th Legislature 2025 HB 100 - 9 - Authorized Print Version – HB 100 ENROLLED BILL (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 69th Legislature 2025 HB 100 - 10 - Authorized Print Version – HB 100 ENROLLED BILL (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). After the first hour of service, which is free after the 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 69th Legislature 2025 HB 100 - 11 - Authorized Print Version – HB 100 ENROLLED BILL ," Section 3. Section 2-6-1009, MCA, is amended to read: "2-6-1009. Written notice of denial -- failure to meet response deadline -- civil action -- costs to 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. Severability. 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. Effective dates. (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. Termination. [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.”