2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-516. Exemptions -- department of justice -- secretary of state -- university system -- state auditor -- office of public instruction -- national guard

2-17-516. Exemptions -- department of justice -- secretary of state -- university system -- state auditor -- office of public instruction -- national guard.
(1) Unless the proposed activities would detrimentally affect the operation of any information technology resource or the state telecommunications network, the office of public instruction, the office of the state auditor, and the secretary of state are exempt from 2-17-512(1)(k) and (1)(l).
(2) Unless the proposed activities would detrimentally affect the operation of any information technology resource or the state telecommunications network, the department of justice and the university system are exempt from:
(a) the enforcement provisions of 2-17-512(1)(d) and (1)(e) and 2-17-514;
(b) the approval provisions of 2-17-512(1)(f), 2-17-523, and 2-17-527;
(c) the budget approval provisions of 2-17-512(1)(g); and
(d) the provisions of 2-17-512(1)(k) and (1)(l).
(3) The department of justice, the secretary of state, the university system, the office of the state auditor, and the office of public instruction shall notify the department of proposed activities by using the department's approved process, and the department shall determine if any information technology resource or the state telecommunications network would be detrimentally affected by the proposed activity.
(4) (a) For purposes of this section, a proposed activity affects the operation of any information technology resource or the state telecommunications network if it detrimentally affects the processing workload, reliability, cost of providing service, or support service requirements of any information technology resource or the state telecommunications network or fails to meet the minimum security policies and standards set by the department.
(b) Potential loss of revenue from fees paid by the department of justice, the secretary of state, the university system, the office of the state auditor, or the office of public instruction for not utilizing services offered by the department are not considered a detrimental effect to any information technology resource or the state telecommunications network. If the department of justice, the secretary of state, the university system, the office of the state auditor, or the office of public instruction does not utilize a service program after the department's rate was set for the biennium, the agency shall continue to pay any fees associated with the service or program for the remainder of the biennium.
(5) When reviewing proposed activities of the university system, the department shall consider and make reasonable allowances for the unique educational needs and characteristics and the welfare of the university system as determined by the board of regents.
(6) When reviewing proposed activities of the office of public instruction, the department shall consider and make reasonable allowances for the unique educational needs and characteristics of the office of public instruction to communicate and share data with school districts.
(7) When reviewing proposed activities of the department of justice or the office of the state auditor, the department shall consider and make reasonable allowances for the unique safety and security needs and characteristics of the department of justice or the office of the state auditor to communicate and share data with federal, state, and local law enforcement entities.
(8) Section 2-17-512(1)(s) may not be construed to prohibit the university system from accepting federal funds or gifts, grants, or donations related to information technology or telecommunications.
(9) The national guard, as defined in 10-1-101(3), is exempt from 2-17-512.
History: En. Sec. 10, Ch. 313, L. 2001; amd. Sec. 2, Ch. 237, L. 2015; amd. Sec. 2, Ch. 448, L. 2021; amd. Sec. 4, Ch. 38, L. 2023; amd. Sec. 9, Ch. 365, L. 2023.