Senate Bill 232 Timeline and Information Sheet

1. SB 232: RIGHT TO KNOW UPDATE—EXECUTIVE BRANCH AGENCIES
Possible Responses and Timelines:
Once initial request is sent to agency
5 business days
from agency
receiving request
Executive branch agency must respond
to requester
• Acknowledge receipt of public
information request
§ 2-6-1006(3)(a), MCA
Request for: public information that can be readily identified/gathered
“Timely manner”
Make the information available for
inspection/copying by requester
§ 2-6-1006(3)(a)(i), MCA
Request for: a single, specific, clearly identifiable, and readily available public record
• NOT requests only for specific person or property (applications, vital records,
licenses, permits, registrations)
5 working days
from agency’s
acknowledgment of
receipt of request
Provide specific public record to
requester
§ 2-6-1006(3)(a)(ii), MCA
Request for: public information that cannot be readily identified/gathered
Provide requester an estimate of the
time it will take to fulfill request and
any possible fees
§ 2-6-1006(3)(b)(i), MCA
“Timely manner”
(see below)
Provide the information to requester § 2-6-1006(3)(b)(i), MCA
“Timely Manner” Definition
• ONLY for public information that CANNOT be readily identified/gathered
90 days from
agency’s
acknowledgment of
receipt of request
Default § 2-6-1006(3)(b)(i)(A), MCA
6 months from
agency’s
acknowledgment of
receipt of request
Only if agency determines 90 days is
not feasible
• Agency must provide written
notice to requester explaining
why it can’t respond within
90 days
§ 2-6-1006(3)(b)(i)(B), MCA

2. When Agency’s Obligation to Respond is Suspended:
Agency requires requester to pay an estimated fee prior to fulfilling request
Suspension Begins:
• When agency sends
estimate to requester
Suspension Ends:
• When requester
makes payment
§ 2-6-1006(3)(b)(ii), MCA
Agency requests additional information/clarification from requester
to expedite agency’s response
Suspension Begins:
• When agency sends
request for info/
clarification
Suspension Ends:
• When requester
provides the
info/clarification OR
• When requester
denies agency’s
request
§ 2-6-1006(3)(c), MCA
30 days from agency’s
request
If requester fails to respond
to agency’s request:
• Agency can close the
request, but must
notify requester first
§ 2-6-1006(3)(c), MCA
Effective Dates:
October 1, 2023 All other executive branch agencies
October 1, 2025
• Secretary of State
• Justice Department
• Superintendent of Public
Instruction
• State Auditor
§ 2-6-1006(1)(b)(iii)(B), MCA
Legal Action:
If requester does not receive a response from agency as required (described above and in
§ 2-6-1006(3), MCA), requester can sue agency in district court—§ 2-6-1009(3), MCA