House Bill 100, introduced in the Montana Legislature on April 18, 2025, is poised to reshape the landscape of public information access in the state. The bill aims to clarify and regulate the fees that public agencies can charge for fulfilling requests for public records, a move that has sparked significant debate among lawmakers and advocacy groups.

At its core, HB 100 seeks to establish a structured fee system for public records requests, categorizing them into three distinct types: single, specific records; identifiable records; and broader requests. The bill stipulates that agencies can charge fees based on actual costs incurred, including labor, copying, and other related expenses, with a cap of $25 per hour for processing requests. Notably, the first hour of service for broader requests will be free, a provision aimed at encouraging transparency and accessibility.

Supporters of the bill argue that it will streamline the process for obtaining public records, making it more efficient for both agencies and requesters. They emphasize that a clear fee structure will prevent agencies from overcharging and will help ensure that public information remains accessible to all Montanans. However, critics raise concerns that the new fee system could still pose barriers for individuals and organizations seeking information, particularly those with limited financial resources.

The bill has already seen amendments aimed at addressing these concerns, but opposition remains strong among some advocacy groups who fear that the fees could deter citizens from exercising their right to access public information. Experts suggest that while the bill may improve efficiency, its long-term impact on transparency and public engagement will depend on how these fees are implemented and enforced.

As the legislative session progresses, the future of HB 100 remains uncertain. Lawmakers will need to balance the need for operational efficiency within public agencies with the fundamental principle of open government. The outcome could set a precedent for how public records are accessed in Montana, influencing similar legislation in other states.