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MontanaHB 10069th Legislature, Regular Session (2025)HouseWALLET

Generally revise public record laws

Sponsored By: Bill Mercer (Republican)

Signed by Governor

State GovernmentCities and TownsCountiesRevenue, State

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Stronger rights to challenge records denials

If an agency denies your records request, it must explain in writing. You can sue in district court to challenge a denial or a lack of response by a state agency that is not a local government. If you win, the court can award your court costs and reasonable attorney fees.

Agencies must post requests and stats

Starting Nov 1, 2026, state agencies (not local governments) must post their public records request process on a state website. They must publish the number of requests and response times. They must keep each request and the agency’s written response online for two years. Agencies do not have to post items not sent through their process, that only concern a single person or property (like applications, vital records, licenses, permits, or registrations), or that were already online. One section of this act ends on June 30, 2026.

Standard record fees with $25/hour cap

Agencies can charge only actual, documented costs. Staff time is capped at up to $25 per hour. For non‑single requests, an agency may charge up to a $5 filing fee, and the first hour after that is free. Agencies may also charge copying, scanning, media, postage, shipping, a convenience fee allowed by law, and other reasonable direct costs. Each cost is charged only once. Agencies may require you to pay an estimated fee up front and can pause work until payment arrives. The Secretary of State collects fees in advance and does not charge lawmakers or public officers for searches or certified copies tied to their official duties. Agencies do not have to customize records; if they agree to customize, they can charge for that work.

Deadlines and contacts for state records

State executive‑branch agencies must post a contact for records requests. The contact must acknowledge your request within 5 business days. For a single, clearly identified record that is readily available, the agency must provide it within 5 working days after acknowledgment, except for requests about a person or property. For other requests, the agency must give a time and fee estimate and finish within 90 days, or within 6 months with a written reason. The agency can pause work until you pay the estimated fee or answer a clarification, and may close the request if you do not reply within 30 days. Local governments are not covered by these deadlines.

Sponsors & Cosponsors

Sponsor

  • Bill Mercer

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 494 • No: 1

House vote • 4/18/2025

Do Concur

Yes: 98 • No: 0

House vote • 4/17/2025

Do Concur

Yes: 100 • No: 0

Senate vote • 4/14/2025

Do Concur

Yes: 47 • No: 1

Senate vote • 4/12/2025

Do Concur

Yes: 49 • No: 0

House vote • 1/30/2025

Do Pass

Yes: 100 • No: 0

House vote • 1/29/2025

Do Pass

Yes: 100 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025House

  2. Signed by Governor

    5/8/2025House

  3. Transmitted to Governor

    5/2/2025House

  4. Signed by President

    5/2/2025Senate

  5. Signed by Speaker

    4/29/2025House

  6. Returned from Enrolling

    4/20/2025House

  7. Sent to Enrolling

    4/18/2025House

  8. 3rd Reading Senate Amendments

    4/18/2025House

  9. 2nd Reading Senate Amendments

    4/17/2025House

  10. Returned to House with Amendments

    4/14/2025Senate

  11. 3rd Reading

    4/14/2025Senate

  12. 2nd Reading

    4/12/2025Senate

  13. Revised Fiscal Note Printed

    3/26/2025House

  14. Revised Fiscal Note Signed

    3/26/2025House

  15. Revised Fiscal Note Received

    3/26/2025House

  16. Committee Report

    3/20/2025Senate

  17. Revised Fiscal Note Requested

    3/20/2025House

  18. Committee Executive Action

    3/19/2025Senate

  19. Hearing

    2/17/2025Senate

  20. Referred to Committee

    2/13/2025Senate

  21. Revised Fiscal Note Printed

    2/5/2025House

  22. Fiscal Note Unsigned

    2/4/2025House

  23. Revised Fiscal Note Received

    2/4/2025House

  24. 1st Reading

    1/31/2025Senate

  25. Transmitted to Senate

    1/30/2025House

Bill Text

  • Enrolled

    4/18/2025

    PDF

  • As Amended (Version 3)

    3/20/2025

    PDF

  • As Amended (Version 2)

    1/24/2025

    PDF

  • Introduced

    12/16/2024

    PDF

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