Title 2, Title 2

(1) In addition to the fee allowed under 2-6-1006, the department of revenue may charge an additional fee as reimbursement for the cost of developing and maintaining the property valuation and assessment system database from which the information is requested. The fee must be cha…

(1) A person may request a certified copy of a public record from a public agency subject to the provisions of 2-6-1003. The public agency may charge a fee for the certified copy in accordance with 2-6-1006. (2) A person may request a certified copy of a historic record or a cons…

(1) A public agency that denies an information request to release information or records shall provide a written explanation for the denial. (2) If a person who makes an information request receives a denial from a public agency and believes that the denial violates the provision…

(1) (a) Each public officer is responsible for properly managing the public records within the public officer's possession or control through an established records management plan that satisfies the requirements of this chapter. (b) Executive branch agencies shall manage public …

(1) All public records are and remain the property of the public agency possessing the records. The public records must be delivered by outgoing public officers and employees to their successors and must be preserved, stored, transferred, destroyed, or disposed of and otherwise m…

(1) To provide for the continuity and preservation of civil government, each public officer shall designate certain public records as essential records. The list must be continually maintained by the public officers to ensure its accuracy. Each public officer shall collaborate wi…

(1) Except as provided in subsections (3) through (10), to protect the privacy of those who deal with state and local government: (a) a public agency may not distribute or sell a distribution list without first securing the permission of those on the list; and (b) a list of perso…

(1) This section may be cited as the "Gus Barber Antisecrecy Act". (2) As used in this section, "public hazard" means a device, instrument, or manufactured product or a condition of a device, instrument, or manufactured product that endangers public safety or health and has cause…

Sections 2-6-1030 through 2-6-1033 may be cited as the "State's Settlement of Claims Sunshine and Transparency Act".

As used in 2-6-1030 through 2-6-1033, the following definitions apply: (1) (a) "Claim" means any claim against a governmental entity for $10,000 or more in monetary compensation, including but not limited to employment-related claims and tort claims. (b) The term does not include…

(1) The department shall create, monitor, maintain, and update, on an ongoing basis, a website that is available to the public and publishes the following information: (a) the names of the parties settling claims with the state unless the right to individual privacy outweighs the…

(1) Each governmental entity shall submit a quarterly report to the legislative fiscal division disclosing all civil claims or complaints, including the identity of the court or entity of the state where the complaint is filed, received by or for which service of process has been…

To ensure the proper management and safeguarding of public records, the secretary of state shall: (1) establish guidelines based on accepted industry standards for managing public records; (2) upon request of another executive branch agency, review, analyze, and make recommendati…

(1) To ensure compatibility with the information technology resources of state government and to promote adherence to records management principles and best practices, the department of administration, in consultation with the secretary of state, shall establish standards for tec…

Each department head shall administer the executive branch agency's records management function and shall: (1) coordinate all aspects of the agency records management function in accordance with procedures prescribed by the secretary of state and the state records committee; (2) …

(1) There is a state records committee composed of: (a) representatives of: (i) the department of administration; (ii) the legislative auditor; (iii) the attorney general; (iv) the secretary of state; (v) the Montana historical society; (vi) the governor; (vii) the clerk of the s…

The purpose of the state records committee is to act as a resource for executive branch agencies and others by staying at the forefront of records management best practices. The committee shall: (1) gather and disseminate information on all phases of records management; (2) advis…

(1) There is a subcommittee of the state records committee to be known as the retention and disposition subcommittee. The subcommittee is composed of the members of the state records committee who represent the following offices: (a) the department of administration; (b) the legi…

To ensure the proper management and safeguarding of historic records, the Montana historical society shall: (1) establish and operate the state archives as authorized by appropriation for the purpose of storing, preserving, and providing access to historic records transferred to …

(1) All constitutional officer records are the property of the state. The records must be delivered by outgoing constitutional officers to their successors, who shall preserve, store, transfer, destroy, or dispose of and otherwise manage them in accordance with the provisions of …

(1) All permanent records no longer required in the current operation of the office where they are made or kept and all records of each agency or activity of the executive branch of state government that has been abolished or discontinued must be maintained by the agency or trans…

(1) There is a local government records committee. (2) The committee consists of the following eight members: (a) the state archivist; (b) the state records manager; (c) a representative of the department of administration; (d) two local government records managers appointed by t…

The local government records committee shall: (1) approve, modify, or disapprove proposals for local government records retention and disposition schedules; (2) appoint a subcommittee, known as the local government records destruction subcommittee, to handle requests for disposal…

(1) A local government public record that is more than 50 years old may not be destroyed unless it is first offered to the Montana historical society, the state archives, Montana public and private universities and colleges, local historical museums, local historical societies, M…

As used in this part, the following definitions apply: (1) "Breach of the security of a data system" or "breach" means the unauthorized acquisition of computerized data that: (a) materially compromises the security, confidentiality, or integrity of the personal information mainta…

(1) Each state agency that maintains the personal information of an individual shall develop procedures to protect the personal information while enabling the state agency to use the personal information as necessary for the performance of its duties under federal or state law. (…

(1) (a) Upon discovery or notification of a breach of the security of a data system, a state agency that maintains computerized data containing personal information in the data system shall make reasonable efforts to notify any person whose unencrypted personal information was or…

On discovery or notification of a security incident, a state agency shall provide immediate notification without unreasonable delay to the chief information security officer.