Public records
Montana public information requests for surveillance oversight
Request Montana surveillance governance information with a template. Distinguish local-government timing, July 2026 changes, qualified costs, agency portals and district-court review.
Sources checked .

Identify public information and the holding agency
Section 2-6-1002 covers information prepared, owned, used or retained by a public agency relating to official business, regardless of form, except legally protected confidential information. Its local-government definition includes cities, towns, counties, special districts and school districts. Those distinctions matter for request timing. Montana: public information and agency definitions
OPIR handles supported agencies reporting to the Governor. It does not handle local governments, the legislative/judicial branches, the university system or agencies run by other elected officials. Check its current supported-agency list or contact the holding agency directly. Narrow dates and identify documents, contracts or procurement numbers where known. Montana Administration: supported agencies and routing
Use the law in effect after July 2026
The Legislature's effective-date table lists chapter 479sections 2and 3 for 07-01-2026. The enacted text terminates the transitional section 1 on 06-30-2026. The guide uses the later local-government versus other-agency distinction, rather than treating older executive-branch-only wording as the current rule. Montana Legislature: chapter 479 effective dates · Montana: enacted staged records changes
Local government and other agencies have different response rules
Section 2-6-1006 requires local governments to respond in a timely manner with access/copies or a fulfillment estimate and fees when information cannot be readily identified and gathered. Other public agencies acknowledge within five business days of designated-contact receipt. Qualified single, specific, identifiable and readily available records have a five-working-day provision after acknowledgment, with a person/property exception. Harder requests use estimates and timely production, with ninety-day/six-month provisions and written explanation where ninety days is infeasible. Fee-estimate payment and clarification can suspend obligations; thirty-day clarification silence can permit closure after notice. These are qualified pathways, not an automatic six-month waiting allowance for every request. Montana: current requests, timing and costs
Check which fee category applies
Chapter479section 2 distinguishes on-site access/copying, a single readily available record, and other requests. Its listed labor rates are capped at $25/hour; documented additional actual delivery, media and other directly incurred costs can apply without double charging. For the other-request category, a filing fee up to $5 precedes the free first hour of service. This is not a free first hour in every category. Secretary of State fees have separate authority. Montana: enacted staged records changes
Follow the holding agency's actual submission process
OPIR's FAQ directs its requests through its portal and lists identity/contact, agency, description and purpose/use fields; it rejects anonymous submissions. It describes invoices and clarification messages sent through the platform, and office closure rules for unanswered clarification or unpaid invoices after thirty days. These are that office's published procedures, not a claim that every local government uses them. Monitor the supplied contact channel. Montana Administration: portal instructions and invoice monitoring
DOJ's current page directs its requests to its application using a Montana.gov account, one request per form, and says other channels are not accepted under its procedure. It describes an initial five-business-day response, estimates and its single-readily-identifiable-record no-cost policy. That office policy does not make every Montana request free. Montana Justice: its published request channel
Preserve confidentiality and request a meaningful explanation
Section 2-6-1003 provides access with exceptions, including safety/security information whose release jeopardizes protected people or facilities. That safety withholding cannot exceed what protection requires. Litigation alone is not a reason to refuse public information unless another applicable law protects it. Individual privacy and other confidentiality rules still matter; a contract or audit report is not necessarily open in full. Montana: access and safety/security exceptions · Montana: public information and agency definitions
Copy and adapt the request
Replace brackets, narrow the date range and categories, and use the agency's designated process. Keep the request, acknowledgment, invoice and any clarification or denial. Montana Administration: supported agencies and routing
Download request template (.txt)
To: [Designated contact for the Montana public agency holding the information]
Date: [MM-DD-YYYY]
Subject: Public information request: plate-reader governance
Under Montana Code Annotated Title 2, chapter 6, part 10, I request copies of this existing information prepared, owned, used or retained by [agency] for [start date] through [end date]:
1. Written plate-reader operating policies, authorized-use rules, retention schedules and audit procedures effective during the period.
2. Executed equipment and data-service contracts, amendments, purchase orders and invoices during the period.
3. Existing executed data-sharing agreements and existing lists of sharing partners effective during the period.
4. Existing aggregate compliance or audit reports for [narrow date range], subject to lawful withholding or redaction.
These categories do not assert that the agency uses this technology or holds every item. I seek existing governance and spending information rather than new research, individual detections, movement histories or sensitive security details.
I prefer electronic copies in an existing usable form, delivered to [email or chosen arrangement]. Please identify any limitation. I do not request alteration or customization of the information.
Please respond under the timing provisions applicable to this agency, identify any clarification needed, and provide an estimated fulfillment date and documented fees if the information cannot be readily identified and gathered. This sample does not impose the nonlocal-agency acknowledgment rule on a city or county.
Please provide a written explanation of any denial, identify its legal basis, and provide any information that can lawfully be released after protected details are removed.
Before charges exceed [$ amount], please contact me with the documented estimate, applicable fee categories and any prepayment requirement. This request does not authorize charges above that amount.
Name: [Name]
Chosen response method: [Email or mailing arrangement]
Other information required by the agency's published process: [Complete truthfully]
If submitted through OPIR or the DOJ application, use this description within that agency's current required process rather than assuming an email alone files the request.
Check the separate district-court route
Section 2-6-1009 requires a written denial explanation and allows a district-court complaint under the Montana Rules of Civil Procedure when a requester believes a denial violates the chapter. It also addresses a nonlocal agency's failure to respond under section 1006(3). A prevailing rights claimant may receive costs and reasonable attorney fees; an award is not automatic. Check filing, service and other procedural requirements promptly. This guide does not file a request, appeal or lawsuit. Montana: written denial and judicial enforcement
Know that some requests and responses will be published
Chapter479's later text sets 11-01-2026 for nonlocal agencies' published processes/statistics and request-response publication requirements, with specified exceptions and a two-year availability period. That date is after this guide's 10-24-2026 check. This does not guarantee every request is already online or confidential. Montana: enacted staged records changes
Questions and answers
Must a city police department acknowledge within five business days under this provision?
Section1006(2) supplies the local-government timely-response rule; the separate subsection 3 rule applies to other public agencies. Montana: current requests, timing and costs
Can a DOJ request simply be emailed using the sample?
DOJ currently directs requests to its application. Follow its posted process. Montana Justice: its published request channel
Is a fee award automatic after filing suit?
Section1009 makes costs and reasonable attorney fees conditional on prevailing and allows, rather than guarantees, an award. Montana: written denial and judicial enforcement
Sources and scope
Nine primary sources checked 10-24-2026. Current 2025 MCA bodies were read with enacted 2025 chapter 479 and the Legislature's effective-date table to distinguish07-01-2026 changes from the terminated transitional text. OPIR and DOJ instructions are attributed to those offices. This focused guide is not an exhaustive exemption, indirect-amendment or case-law audit.
- 2025 chapter 479, HB100, selected sections 2,3,5and6. Checked 10-24-2026.
- 2025 MCA 2-6-1003, selected access, limited safety withholding and litigation provisions. Checked 10-24-2026.
- 2025 MCA 2-6-1002, selected public information, local government and confidentiality definitions. Checked 10-24-2026.
- DOJ Public Records Requests, displayed update10-05-2026 and current application instructions. Checked 10-24-2026.
- Effective Dates by Date2025, updated11-05-2025, chapter 479sections 2and 3 entry. Checked 10-24-2026.
- Office of Public Information Requests, scope and request checklist. Checked 10-24-2026.
- OPIR Frequently Asked Questions, office-specific submissions and closure guidance. Checked 10-24-2026.
- Current 2025 MCA 2-6-1006, incorporates section 2 of2025chapter 479 effective07-01-2026. Checked 10-24-2026.
- Current 2025 MCA 2-6-1009, denial, nonlocal response and qualified costs. Checked 10-24-2026.



