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Department of Administration seeks statewide standard for public‑records processing and limited fee authority
Summary
HB 100 would standardize public‑records procedures across state agencies, authorize a modest filing fee and cap searchable/processing hourly charges to address voluminous requests; the Department of Administration and many agencies supported the change while press and transparency advocates raised concerns about cost and access.
Representative Bill Mercer opened House Bill 100, describing it as a follow‑on to the customer‑service provisions enacted in 2023 and 2024 and intended to standardize how state agencies handle public information requests. The bill would authorize agencies to charge fees for searching, gathering, reviewing, processing and providing public information and would permit an initial filing fee; the sponsor noted a proposed amendment that would cap searchable/processing fees at $25 per hour.
Misty Ann Giles, director of the Department of Administration, demonstrated categories of requests (small to extra‑large) and said complex requests can require many hours from multiple staff. The Office of Public Information Requests (OPIR) has created a central portal and reporting process; Giles said centralized handling has reduced average response times and improved transparency. Don Harris, chief legal counsel for Department of Administration, outlined the process for acknowledging requests, creating cost estimates, and coordinating privilege and redaction reviews with agencies.
Supporters including Lieutenant Governor Kristin Juras, DEQ, League of Cities and the Montana AFL‑CIO said the bill would create consistency and protect the public's right to know while ensuring agencies can recover direct processing costs. Opponents including the Montana Newspaper Association and Montana Broadcasters Association warned that added fees could chill access and disproportionately affect public‑interest or nonprofit requesters; they urged strong limits and fee waivers for news media and requests in the public interest.
Committee members discussed an amendment (described in testimony as a friendly amendment) to cap processing fees and clarified that copying, shipping and convenience fees would be in addition to any hourly processing cap. Department witnesses said filing fees would be credited against any final charges and that refunds would be issued if actual costs were lower than estimated. The hearing closed with the sponsor noting the bill's intent to create standardized, transparent costs and timelines across state government.
