Title 2, Title 2

(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.

The office of the governor shall continuously study and evaluate the organizational structure, management practices, and functions of the executive branch and of each agency. The governor shall, by executive order or other means within the authority granted to the governor, take …

The director of revenue shall study fiscal problems and tax structures of state and local governments and submit the studies to the governor and to the legislature in accordance with 5-11-210.

It shall be the duty of all public officers of the state and of any municipality to give to the department of revenue information in their possession relating to taxation when required by the department and cooperate with and aid the department in every manner in its efforts to s…

Unless the context requires otherwise, in this part, the following definitions apply: (1) "Audit" means a financial audit and includes financial statement and financial-related audits as defined by government auditing standards as established by the U.S. comptroller general. (2) …

(1) This part may be cited as the "State of Montana Single Audit Act". (2) The purposes of this part are to: (a) improve the financial management of local government entities with respect to federal, state, and local financial assistance; (b) establish uniform requirements for fi…

(1) (a) The governing body or managing or executive officer of a local government entity, other than a school district or associated cooperative, shall ensure that a financial report is made every year. A school district or associated cooperative shall comply with the provisions …

(1) Unless otherwise required by law, the department shall prescribe by rule the general methods and details of accounting for the receipt and disbursement of all money belonging to local government entities and shall establish in those offices general methods and details of acco…

(1) Each audit must be a comprehensive audit of the affairs of the local government entity and must be made in accordance with auditing standards and in accordance with federal regulations adopted by the department by rule. (2) The department, with cooperation from state agencies…

(1) The department may prepare and maintain a roster of independent auditors authorized to conduct audits of local government entities. The roster must be available to local government entities subject to the reporting requirements of 2-7-503. (2) The department, in consultation …

The officers and employees of the local government entities referred to in this part shall provide all reasonable facilities for the audit and shall furnish all information to the independent auditor necessary for the conduct of the audit.

The independent auditor may examine any books, papers, accounts, and documents in the office or possession of any local government entity.

(1) The legislative auditor may conduct or have conducted an audit of the records of organizations referred to in 2-3-203(2). (2) Before public funds are transferred to the organization, a member shall obtain the organization's written consent to: (a) the audit provided for in su…

(1) The independent auditor may count the cash, verify the bank accounts, and verify all accounts of a public officer whose accounts the independent auditor is examining under law. (2) If an officer of any county, city, town, school, or other local government entity refuses to pr…

Upon completion of each audit, the independent auditor is required to hold with the appropriate officials an exit review conference in which the audit results must be discussed.

(1) The audit reports must comply with the reporting requirements of government auditing standards issued by the U.S. comptroller general and federal regulations adopted by department rule. (2) The department shall prescribe general methods and details of accounting for the finan…

(1) Completed audit reports must be filed with the department. Completed financial reports must be filed with the department as provided in 2-7-503(1). The state superintendent of public instruction shall file with the department a list of school districts subject to audit under …

(1) Upon receipt of the audit report, the governing bodies of each audited local government entity shall review the contents and within 30 days shall submit to the department a corrective action plan detailing what action or actions they plan to take on any findings or recommenda…

(1) The compensation to the independent auditor for conducting an audit must be agreed upon by the governing body or managing or executive officer of the local government entity and the independent auditor and must be paid in the manner that other claims against the local governm…

(1) Except as provided in 15-1-121(12)(b), when a local government entity has failed to file a report as required by 2-7-503(1)or make payment required by 2-7-514(2) within 60 days, the department may issue an order stopping payment of any state financial assistance to the local …

All fees received from local government entities must be deposited in the enterprise fund to the credit of the department of administration for administration of Title 2, chapter 7, part 5.

(1) (a) After the expiration of the 30-day period provided for in 2-7-515(1), the local government entity shall send a copy of each audit report to a newspaper of general circulation in the area of the local government entity. However, each county audit report must be sent to the…

(1) The department shall determine whether the provisions of this part have been complied with by the independent auditor. (2) Upon receipt of the audit report from the local government entity the department shall review the report. If the department determines the reporting requ…

(1) If a local government entity fails to file an annual financial report with the department as required by 2-7-503(1), to complete and submit an audit or financial review to the department as required by 2-7-503(3), or to resolve significant audit findings or implement correcti…

(1) All claims against a local government entity for failure to file an annual financial report with the department as required by 2-7-503(1), failure to complete and submit an audit or financial review to the department as required by 2-7-503(3), or failure to resolve significan…