reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 5. Montana Negotiated Rulemaking Act › Part 1. General Provisions › 2-5-104. Determination of need for negotiated rulemaking committee

2-5-104. Determination of need for negotiated rulemaking committee.
(1) An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the agency director determines that the use of the negotiated rulemaking procedure is in the public interest. In making that determination, the agency director shall consider whether:
(a) there is a need for a rule;
(b) there are a limited number of identifiable interests that will be significantly affected by the rule;
(c) there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who:
(i) can adequately represent the interests identified under subsection (1)(b); and
(ii) are willing to negotiate in good faith to reach a consensus on the proposed rule;
(d) there is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time;
(e) the negotiated rulemaking procedure will not unreasonably delay the notice of proposed rulemaking and the issuance of the final rule;
(f) the agency has adequate resources and is willing to commit those resources, including technical assistance, to the committee; and
(g) the agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee as the basis for the rule proposed by the agency.
(2) An agency may use the services of a convener to assist in making the determination of need pursuant to subsection (1) and to assist the agency in:
(a) identifying persons who will be significantly affected by a proposed rule; and
(b) conducting discussions with affected persons on the issues of concern and ascertaining whether the establishment of a negotiated rulemaking committee is feasible and appropriate for the particular rulemaking procedure.
(3) The convener shall report findings and make recommendations to the agency. Upon request of the agency, the convener shall ascertain the names of persons who are willing and qualified to represent the interests that will be significantly affected by the proposed rule. The report and any recommendations of the convener must be made available to the public upon request.
History: En. Sec. 4, Ch. 400, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 5. Montana Negotiated Rulemaking Act › Part 1. General Provisions › 2-5-105. Application for membership on committees -- publication of notice

2-5-105. Application for membership on committees -- publication of notice.
(1) If an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Montana Administrative Register and, as appropriate, in newspapers and other publications, a notice that includes:
(a) an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;
(b) a description of the subject and scope of the rule to be developed and the issues to be considered;
(c) a list of interests likely to be significantly affected by the proposed rule;
(d) a list of the persons proposed to represent the affected interests and the agency;
(e) a proposed schedule for completing the work of the committee; and
(f) an explanation of how a person may apply for or nominate another person for membership on the committee.
(2) An agency may include the notice required in subsection (1) in the notice of intent to promulgate rules made pursuant to 2-4-302.
(3) The agency shall provide a period of at least 30 days for the submission of comments and applications for membership on a negotiated rulemaking committee.
History: En. Sec. 5, Ch. 400, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 5. Montana Negotiated Rulemaking Act › Part 1. General Provisions › 2-5-106. Establishment of committee -- determination

2-5-106. Establishment of committee -- determination.
(1) If, after considering comments and applications submitted under 2-5-105, the agency determines that a negotiated rulemaking committee can adequately represent the interests of the persons that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee.
(2) If, after considering comments and applications submitted under 2-5-105, the agency decides not to establish a negotiated rulemaking committee, the agency shall notify the persons who commented on or applied for membership on the negotiated rulemaking committee of the reasons for the decision. The agency shall also publish a notice in the Montana Administrative Register and, as appropriate, in newspapers and other publications.
(3) The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical support.
(4) A negotiated rulemaking committee terminates upon adoption of the final rule under consideration, unless the agency, after consulting the committee, or the committee itself specifies an earlier termination date.
History: En. Sec. 6, Ch. 400, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 5. Montana Negotiated Rulemaking Act › Part 1. General Provisions › 2-5-107. Expansion of committee membership

2-5-107. Expansion of committee membership.
(1) A negotiated rulemaking committee may by consensus expand its membership, either by contacting and recruiting persons whose participation the committee believes is essential to the success of the negotiated rulemaking process or upon reviewing a petition submitted pursuant to subsection (2).
(2) Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person on a negotiated rulemaking committee may petition for or nominate another person for membership on the negotiated rulemaking committee. Each petition or nomination must be submitted to the negotiated rulemaking committee and must include:
(a) the name of the petitioner or nominee and a description of the interests the person represents;
(b) evidence that the petitioner or nominee is authorized to represent parties related to the interests the person proposes to represent;
(c) a written commitment that the petitioner or nominee will actively participate in good faith in the development of the rule under consideration; and
(d) an explanation of reasons that the persons already on the negotiated rulemaking committee do not adequately represent the interests of the person submitting the petition or nomination.
(3) Upon receiving a petition pursuant to subsection (2), a negotiated rulemaking committee shall decide by consensus at its next meeting whether or not to expand its membership.
History: En. Sec. 7, Ch. 400, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 5. Montana Negotiated Rulemaking Act › Part 1. General Provisions › 2-5-108. Committee -- duties -- procedures -- report

2-5-108. Committee -- duties -- procedures -- report.
(1) A negotiated rulemaking committee shall consider the matter proposed by the agency for consideration and shall attempt to reach consensus concerning a proposed rule and any other matter the committee determines is relevant to the proposed rule.
(2) The person representing the agency on a negotiated rulemaking committee shall participate in the deliberations of the committee with the same rights and responsibilities of other members of the committee and is authorized to fully represent the agency in the discussions and negotiations of the committee.
(3) A negotiated rulemaking committee may adopt procedures or ground rules for the operation of the committee.
(4) If a negotiated rulemaking committee achieves consensus on a proposed rule, at the conclusion of the negotiations, the committee shall transmit to the agency that established the committee a report containing the proposed rule.
(5) If a negotiated rulemaking committee does not reach a consensus on the proposed rule, the committee shall transmit to the agency a report specifying areas in which the committee reached consensus and the issues that remain unresolved. The committee may include in the report any other information, recommendations, or materials that the committee considers appropriate. Any member of the committee may include as an addendum to the report additional information, recommendations, or materials.
(6) Title 2, chapter 3, part 2, applies to meetings of a negotiated rulemaking committee.
History: En. Sec. 8, Ch. 400, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 5. Montana Negotiated Rulemaking Act › Part 1. General Provisions › 2-5-109. Facilitator -- selection and duties

2-5-109. Facilitator -- selection and duties.
(1) An agency may nominate a person to serve as a facilitator for the negotiations of the committee, subject to the approval of the committee by consensus. If the committee does not approve the agency's nomination for facilitator, the agency shall submit a substitute nomination. If a committee does not approve the substitute nomination of the agency for facilitator, the committee shall select by consensus a person to serve as facilitator. A person designated to represent the agency in substantive issues may not serve as facilitator or presiding officer for the committee.
(2) A facilitator approved or selected by a committee shall:
(a) preside at the meetings of the committee in an impartial manner;
(b) impartially assist the members of the committee in conducting discussions and negotiations and achieving consensus; and
(c) manage the keeping of minutes and records.
History: En. Sec. 9, Ch. 400, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 5. Montana Negotiated Rulemaking Act › Part 1. General Provisions › 2-5-110. Expenses -- convener -- facilitator -- committee members

2-5-110. Expenses -- convener -- facilitator -- committee members.
(1) An agency may employ or enter into a contract for the services of an organization or individual to serve as a convener or facilitator for a negotiated rulemaking committee or may use the services of a government employee to act as a convener or facilitator for a committee.
(2) An agency shall determine whether a person under consideration as a convener or facilitator of a negotiated rulemaking committee has any financial or other interest that would preclude the person from serving in an impartial and independent manner. A person disqualified under this criterion must be dropped from further consideration.
(3) Members of a negotiated rulemaking committee are responsible for their own expenses of participation. However, an agency may pay for a committee member's reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation if:
(a) the committee member certifies a lack of adequate financial resources to participate in the committee; and
(b) the agency determines that the committee member's participation in the committee is necessary to ensure an adequate representation of the interests of the members.
(4) An agency may accept grants or gifts from any source to fund the negotiated rulemaking process, provided that:
(a) information on the name of the person giving the grant or gift and the amount of the grant or gift is available to the public;
(b) the grant or gift is given to and accepted by the agency without placing any condition on the membership of a negotiated rulemaking committee or the outcome of the negotiated rulemaking process; and
(c) there is consensus among the members of the negotiated rulemaking committee established pursuant to 2-5-106 that the acceptance of the grant or gift will not diminish the integrity of the negotiated rulemaking process.
History: En. Sec. 10, Ch. 400, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-101. Repealed

2-6-101. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Secs. 3170, 3171, 3172, 3182, C. Civ. Proc. 1895; re-en. Secs. 7895, 7896, 7897, 7900, Rev. C. 1907; re-en. Secs. 10539, 10540, 10541, 10544, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 1887, 1888, 1889, 1894; re-en. Secs. 10539, 10540, 10541, 10544, R.C.M. 1935; R.C.M. 1947, 93-1001-1, 93-1001-2, 93-1001-3, 93-1001-6; amd. Sec. 4, Ch. 476, L. 1985; amd. Sec. 11, Ch. 748, L. 1991; amd. Sec. 1, Ch. 485, L. 1999; amd. Sec. 2, Ch. 77, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-102. Repealed

2-6-102. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Secs. 3180, 3181, C. Civ. Proc. 1895; re-en. Secs. 7898, 7899, Rev. C. 1907; re-en. Secs. 10542, 10543, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 1892, 1893; re-en. Secs. 10542, 10543, R.C.M. 1935; R.C.M. 1947, 93-1001-4, 93-1001-5; amd. Sec. 5, Ch. 476, L. 1985; amd. Sec. 12, Ch. 748, L. 1991; amd. Sec. 2, Ch. 485, L. 1999; amd. Sec. 3, Ch. 77, L. 2001; amd. Sec. 1, Ch. 364, L. 2013.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-103. Repealed

2-6-103. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 410, Pol. C. 1895; amd. Sec. 1, p. 47, L. 1899; amd. Sec. 1, Ch. 127, L. 1903; amd. Sec. 1, Ch. 74, L. 1905; re-en. Sec. 165, Rev. C. 1907; amd. Sec. 1, Ch. 91, L. 1921; re-en. Sec. 145, R.C.M. 1921; Cal. Pol. C. Sec. 416; amd. Sec. 1, Ch. 50, L. 1935; re-en. Sec. 145, R.C.M. 1935; amd. Sec. 1, Ch. 116, L. 1961; amd. Sec. 141, Ch. 300, L. 1967; amd. Sec. 3, Ch. 185, L. 1971; amd. Sec. 1, Ch. 137, L. 1974; R.C.M. 1947, 25-102; amd. Sec. 5, Ch. 184, L. 1979; amd. Sec. 18, Ch. 429, L. 1979; amd. Sec. 2, Ch. 254, L. 1991; amd. Sec. 2, Ch. 411, L. 1993; amd. Sec. 1, Ch. 406, L. 1997; amd. Sec. 1, Ch. 125, L. 1999; amd. Sec. 6, Ch. 396, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-104. Repealed

2-6-104. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 1136, Pol. C. 1895; re-en. Sec. 438, Rev. C. 1907; re-en. Sec. 455, R.C.M. 1921; Cal. Pol. C. Sec. 1032; re-en. Sec. 455, R.C.M. 1935; amd. Sec. 1, Ch. 112, L. 1945; R.C.M. 1947, 59-512(part); amd. Sec. 157, Ch. 480, L. 1997; amd. Sec. 3, Ch. 485, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-105. Repealed

2-6-105. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 3240, C. Civ. Proc. 1895; re-en. Sec. 7953, Rev. C. 1907; re-en. Sec. 10597, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1950; re-en. Sec. 10597, R.C.M. 1935; R.C.M. 1947, 93-1101-20(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-106. Repealed

2-6-106. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 1120, Pol. C. 1895; re-en. Sec. 427, Rev. C. 1907; re-en. Sec. 460, R.C.M. 1921; Cal. Pol. C. Sec. 1014; re-en. Sec. 460, R.C.M. 1935; R.C.M. 1947, 59-530; Sec. 2-6-303(1), MCA 1979; redes. 2-6-106 by Code Commissioner, 1979; amd. Sec. 46, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-107. Repealed

2-6-107. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 1121, Pol. C. 1895; re-en. Sec. 428, Rev. C. 1907; re-en. Sec. 461, R.C.M. 1921; Cal. Pol. C. Sec. 1015; re-en. Sec. 461, R.C.M. 1935; R.C.M. 1947, 59-531; Sec. 2-6-305, MCA 1979; redes. 2-6-107 by Code Commissioner, 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-108. Repealed

2-6-108. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 1122, Pol. C. 1895; re-en. Sec. 429, Rev. C. 1907; re-en. Sec. 462, R.C.M. 1921; Cal. Pol. C. Sec. 1016; re-en. Sec. 462, R.C.M. 1935; R.C.M. 1947, 59-532; Sec. 2-6-306, MCA 1979; redes. 2-6-108 by Code Commissioner, 1979; amd. Sec. 47, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-109. Repealed

2-6-109. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 1, Ch. 606, L. 1979; amd. Sec. 6, Ch. 683, L. 1985; amd. Sec. 1, Ch. 663, L. 1989; amd. Sec. 2, Ch. 289, L. 1991; amd. Sec. 1, Ch. 379, L. 1995; amd. Sec. 1, Ch. 412, L. 1995; amd. Sec. 1, Ch. 364, L. 1997; amd. Sec. 4, Ch. 370, L. 1997; amd. Sec. 126, Ch. 305, L. 1999; amd. Sec. 1, Ch. 319, L. 2001; amd. Sec. 11, Ch. 363, L. 2001; amd. Sec. 2, Ch. 441, L. 2003; amd. Sec. 1, Ch. 149, L. 2007; amd. Sec. 3, Ch. 125, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-110. Repealed

2-6-110. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 1, Ch. 254, L. 1991; amd. Sec. 10, Ch. 640, L. 1993; amd. Sec. 1, Ch. 27, Sp. L. November 1993; amd. Sec. 2, Ch. 4, L. 1995; amd. Sec. 1, Ch. 484, L. 1995; amd. Sec. 1, Ch. 405, L. 1999; amd. Sec. 4, Ch. 77, L. 2001; amd. Sec. 7, Ch. 396, L. 2001; amd. Sec. 1, Ch. 81, L. 2007; amd. Sec. 1, Ch. 206, L. 2011.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 1. Public Records Generally (Repealed) › 2-6-111. Repealed

2-6-111. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 400, Pol. C. 1895; re-en. Sec. 153, Rev. C. 1907; re-en. Sec. 133, R.C.M. 1921; Cal. Pol. C. Sec. 407; re-en. Sec. 133, R.C.M. 1935; R.C.M. 1947, 82-2201; amd. Sec. 1, Ch. 152, L. 1979; amd. Sec. 8, Ch. 467, L. 1987; amd. Sec. 1, Ch. 185, L. 1989; amd. Sec. 48, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-201. Repealed

2-6-201. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 82-3333 by Sec. 2, Ch. 339, L. 1977; R.C.M. 1947, 82-3333; amd. Sec. 5, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-202. Repealed

2-6-202. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: (1)En. 82-3334 by Sec. 3, Ch. 339, L. 1977; Sec. 82-3334, R.C.M. 1947; (2)En. by Code Commissioner, 1979; R.C.M. 1947, 82-3334(1); amd. Sec. 5, Ch. 77, L. 2001; amd. Sec. 1, Ch. 30, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-203. Repealed

2-6-203. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: (1)En. 82-3335 by Sec. 4, Ch. 339, L. 1977; Sec. 82-3335, R.C.M. 1947; (2)En. 82-3337 by Sec. 6, Ch. 339, L. 1977; Sec. 82-3337, R.C.M. 1947; R.C.M. 1947, 82-3335, 82-3337; amd. Sec. 1, Ch. 378, L. 1991; amd. Sec. 1, Ch. 170, L. 2011.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-204. Repealed

2-6-204. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 82-3338 by Sec. 7, Ch. 339, L. 1977; R.C.M. 1947, 82-3338(3).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-205. Repealed

2-6-205. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 82-3334 by Sec. 3, Ch. 339, L. 1977; R.C.M. 1947, 82-3334(2).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-206. Repealed

2-6-206. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 82-3341 by Sec. 10, Ch. 339, L. 1977; R.C.M. 1947, 82-3341; amd. Sec. 2, Ch. 378, L. 1991; amd. Sec. 2, Ch. 30, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-208. Repealed

2-6-208. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 82-3338, by Sec. 7, Ch. 339, L. 1977; R.C.M. 1947, 82-3338(1), (2), (4); amd. Sec. 1, Ch. 218, L. 1989; amd. Sec. 7, Ch. 378, L. 1991; amd. Sec. 2, Ch. 170, L. 2011; Sec. 2-15-1013, MCA 2009; redes. 2-6-208 by Sec. 3, Ch. 170, L. 2011.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-211. Repealed

2-6-211. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 82-3340 by Sec. 9, Ch. 339, L. 1977; R.C.M. 1947, 82-3340; amd. Sec. 3, Ch. 378, L. 1991; amd. Sec. 2, Ch. 6, Sp. L. January 1992; amd. Sec. 3, Ch. 30, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-212. Repealed

2-6-212. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 82-3339 by Sec. 8, Ch. 339, L. 1977; R.C.M. 1947, 82-3339; amd. Sec. 1, Ch. 173, L. 1981.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-213. Repealed

2-6-213. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 82-3336 by Sec. 5, Ch. 339, L. 1977; R.C.M. 1947, 82-3336; amd. Sec. 4, Ch. 378, L. 1991; amd. Sec. 4, Ch. 30, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 2. Public Records Management (Repealed) › 2-6-214. Repealed

2-6-214. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 8, Ch. 378, L. 1991; amd. Sec. 20, Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 3. Records of Elected Executive Branch Officers (Renumbered and Repealed) › 2-6-301. Repealed

2-6-301. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 59-530.1 by Sec. 1, Ch. 441, L. 1977; R.C.M. 1947, 59-530.1; amd. Sec. 6, Ch. 77, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 3. Records of Elected Executive Branch Officers (Renumbered and Repealed) › 2-6-302. Repealed

2-6-302. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 59-530.3 by Sec. 3, Ch. 441, L. 1977; R.C.M. 1947, 59-530.3; amd. Sec. 6, Ch. 184, L. 1979; amd. Sec. 5, Ch. 378, L. 1991; amd. Sec. 6, Ch. 420, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 3. Records of Elected Executive Branch Officers (Renumbered and Repealed) › 2-6-303. Repealed

2-6-303. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: (1)En. 59-530.2 by Sec. 2, Ch. 441, L. 1977; Sec. 59-530.2, R.C.M. 1947; (2)En. Sec. 3, Ch. 102, L. 1979; amd. Sec. 49, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 3. Records of Elected Executive Branch Officers (Renumbered and Repealed) › 2-6-304. Repealed

2-6-304. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. 59-530.4 by Sec. 4, Ch. 441, L. 1977; R.C.M. 1947, 59-530.4; amd. Sec. 6, Ch. 378, L. 1991; amd. Sec. 50, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 3. Records of Elected Executive Branch Officers (Renumbered and Repealed) › 2-6-307. Repealed

2-6-307. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 2, Ch. 102, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 4. Local Government Records (Repealed) › 2-6-401. Repealed

2-6-401. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 1, Ch. 420, L. 1993; amd. Sec. 7, Ch. 77, L. 2001; amd. Sec. 5, Ch. 30, L. 2003; amd. Sec. 1, Ch. 116, L. 2003.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 4. Local Government Records (Repealed) › 2-6-402. Repealed

2-6-402. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 2, Ch. 420, L. 1993; amd. Sec. 1, Ch. 179, L. 1995; amd. Sec. 2, Ch. 302, L. 2001; amd. Sec. 6, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 4. Local Government Records (Repealed) › 2-6-403. Repealed

2-6-403. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 3, Ch. 420, L. 1993; amd. Sec. 2, Ch. 179, L. 1995; amd. Sec. 1, Ch. 323, L. 1997; amd. Sec. 7, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 5. Agency Protection of Personal Information (Repealed) › 2-6-501. Repealed

2-6-501. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 1, Ch. 163, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 5. Agency Protection of Personal Information (Repealed) › 2-6-502. Repealed

2-6-502. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 2, Ch. 163, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 5. Agency Protection of Personal Information (Repealed) › 2-6-503. Repealed

2-6-503. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 3, Ch. 163, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 5. Agency Protection of Personal Information (Repealed) › 2-6-504. Repealed

2-6-504. Repealed.
Sec. 59, Ch. 348, L. 2015.
History: En. Sec. 4, Ch. 163, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1001. Purpose

2-6-1001. Purpose.
The purpose of this chapter is to ensure efficient and effective management of public records and public information, in accordance with Article II, sections 8 through 10, of the Montana constitution, for the state of Montana and its political subdivisions.
History: En. Sec. 1, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1003. Access to public information -- safety and security exceptions -- Montana historical society exception

2-6-1003. Access to public information -- safety and security exceptions -- Montana historical society exception.
(1) Except as provided in subsections (2) and (3), every person has a right to examine and obtain a copy of any public information of this state.
(2) A public officer may withhold from public scrutiny information relating to individual or public safety or the security of public facilities, including public schools, jails, correctional facilities, private correctional facilities, and prisons, if release of the information jeopardizes the safety of facility personnel, the public, students in a public school, or inmates of a facility. A public officer may not withhold from public scrutiny any more information than is required to protect individual or public safety or the security of public facilities.
(3) The Montana historical society may honor restrictions imposed by private record donors as long as the restrictions do not apply to public information. All restrictions must expire no later than 50 years from the date the private record was received. Upon the expiration of the restriction, the private records must be made accessible to the public.
(4) A public agency may not refuse to disclose public information because the requested public information is part of litigation or may be part of litigation unless the information is protected from disclosure under another applicable law.
History: En. Sec. 3, Ch. 348, L. 2015; amd. Sec. 1, Ch. 775, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1007. Special fees allowable for certain information

2-6-1007. Special fees allowable for certain information.
(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 charged to persons, federal agencies, state agencies, and other entities requesting the database or any part of the database from any department property valuation and assessment system. The fee may not be charged to the governor's office of budget and program planning, the Montana tax appeal board, or any legislative body or its members or staff.
(2) The department of revenue may not charge a fee for information provided from any department property valuation and assessment system database to a local taxing jurisdiction for use in taxation and other governmental functions or to an individual taxpayer concerning the taxpayer's property.
(3) All fees received by the department of revenue under 2-6-1006 and this section must be deposited in the property value improvement fund as provided in 15-1-521.
(4) In accordance with the fees allowed under 2-6-1006, the Montana historical society may charge fees as approved by its board of trustees for copies of materials contained in its collections, based on documentable curatorial duties as set forth in 22-3-101.
History: En. Sec. 5, Ch. 348, L. 2015; amd. Sec. 1, Ch. 142, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1008. Certified copies of records -- historic records and constitutional officer records -- exception

2-6-1008. Certified copies of records -- historic records and constitutional officer records -- exception.
(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 constitutional officer record from the Montana historical society subject to the provisions of 2-6-1003. The Montana historical society may charge a fee for the certified copy in accordance with 2-6-1006 and 2-6-1007(4).
(3) A certified copy created by the Montana historical society of a historic record or a constitutional officer record has the same force in law as if made by the original public agency that created the record.
(4) Pursuant to 2-15-403, this section does not apply to certified copies provided by the secretary of state for information contained in the secretary of state's corporate and uniform commercial code electronic filing system.
History: En. Sec. 9, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1009. Written notice of denial -- failure to meet response deadline -- civil action -- costs to prevailing party in certain actions to enforce constitutional or statutory rights

2-6-1009. Written notice of denial -- failure to meet response deadline -- civil action -- costs to prevailing party in certain actions to enforce constitutional or statutory rights.
(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 provisions of this chapter, the person may file a complaint pursuant to the Montana Rules of Civil Procedure in district court.
(3) If a person who makes an information request to an executive branch agency does not receive a response from the agency as required in 2-6-1006(3), the person may file a complaint in district court.
(4) A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person's rights under Article II, section 9, of the Montana constitution or under the provisions of Title 2, chapter 6, parts 10 through 12, may be awarded costs and reasonable attorney fees.
History: En. Sec. 8, Ch. 348, L. 2015; amd. Sec. 2, Ch. 439, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1012. Management of public records -- disposal and destruction

2-6-1012. Management of public records -- disposal and destruction.
(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 records according to the provisions of Title 2, chapter 6, part 11, and the rules and guidelines established by the secretary of state, the state records committee, and the Montana historical society.
(c) Local governments shall manage public records according to the provisions of Title 2, chapter 6, part 12, and the rules and guidelines established by the secretary of state, the local government records committee, and the Montana historical society.
(d) Pursuant to 5-2-503 and 5-11-105, the legislative council shall administer the records management plan for the legislative branch. The legislative branch shall cooperate with the secretary of state, the state records committee, the local government records committee, and the Montana historical society in the development, implementation, and administration of the legislative records management plan using Title 2, chapter 6, part 11, as guidance.
(e) The judicial branch shall establish a records management plan. The judicial branch may seek assistance from the secretary of state, the state records committee, the local government records committee, and the Montana historical society regarding development, implementation, and administration of the judicial records management plan.
(2) When a public record has reached the end of its retention period, the public officer shall ensure the record is disposed of, destroyed, or transferred according to the provisions of this chapter.
History: En. Sec. 6, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1013. Preservation of public records -- possession of public records

2-6-1013. Preservation of public records -- possession of public records.
(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 managed only in accordance with the provisions of this chapter.
(2) If an outgoing public officer or employee refuses or fails to deliver to the current public officer or employee any public records that pertain to that public office, the current public officer or employee may file a complaint in the district court of the county where the outgoing public officer or employee resides, pursuant to the Montana Rules of Civil Procedure, to compel the outgoing public officer or employee to deliver any public records still in the outgoing public officer or employee's possession to the current public officer or employee.
History: En. Sec. 7, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1014. Protection and storage of essential records

2-6-1014. Protection and storage of essential records.
(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 with the appropriate continuity of government programs to ensure essential records are identified and maintained.
(2) Each public officer shall ensure essential records are efficiently and effectively secured. Each public officer shall look to the guidance provided by the state records committee or the local government records committee in choosing appropriate methods to protect, store, back up, and recover essential records.
History: En. Sec. 10, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1020. Concealment of public hazards prohibited -- concealment of information related to settlement or resolution of civil suits prohibited

2-6-1020. Concealment of public hazards prohibited -- concealment of information related to settlement or resolution of civil suits prohibited.
(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 caused injury, as defined in 27-1-106.
(3) Except as otherwise provided in this section, a court may not enter a final order or judgment that has the purpose or effect of concealing a public hazard.
(4) Any portion of a final order or judgment entered or a written final settlement agreement entered into that has the purpose or effect of concealing a public hazard is contrary to public policy, is void, and may not be enforced. This section does not prohibit the parties from keeping the monetary amount of a written final settlement agreement confidential.
(5) A party to civil litigation may not request, as a condition to the production of discovery, that another party stipulate to an order that would violate this section.
(6) This section does not apply to:
(a) trade secrets, as defined in 30-14-402, that are not pertinent to public hazards and that are protected pursuant to Title 30, chapter 14, part 4;
(b) other information that is confidential under state or federal law; or
(c) a health care provider, as defined in 27-6-103.
(7) Any affected person, including but not limited to a representative of the news media, has standing to contest a final order or judgment or written final settlement agreement that violates this section by motion in the court in which the case was filed.
(8) The court shall examine the disputed information or materials in camera. If the court finds that the information or materials or portions of the information or materials consist of information concerning a public hazard, the court shall allow disclosure of the information or materials. If allowing disclosure, the court shall allow disclosure of only that portion of the information or materials necessary or useful to the public concerning the public hazard.
(9) This section does not apply to a protective order issued under Rule 26(c) of the Montana Rules of Civil Procedure or to any materials produced under the order. Materials used as exhibits may be publicly disclosed pursuant to the provisions of subsections (7) and (8).
History: En. Sec. 12, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1030. Short title

2-6-1030. Short title.
Sections 2-6-1030 through 2-6-1033 may be cited as the "State's Settlement of Claims Sunshine and Transparency Act".
History: En. Sec. 1, Ch. 511, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1031. Definitions

2-6-1031. Definitions.
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 benefits disputes under Title 39, chapter 51 or 71.
(2) "Department" means the department of administration provided for in 2-15-1001.
(3) "Employee" has the meaning provided in 2-9-101. The term includes a permanent employee, short-term worker, student intern, seasonal employee, personal staff, and temporary employee as those terms are defined in 2-18-101.
(4) "Monetary compensation" includes money and anything of financial value that is used by a governmental entity to resolve a claim, including but not limited to paid administrative leave and reinstatement or rehiring of a terminated employee.
(5) "Nondisclosure agreement" means any kind of contract or agreement requiring the parties to maintain confidentiality of any information related to a settlement with the state or compromise or settlement agreements with the state.
(6) "Settlement" means a binding legal agreement between the state or its agencies, departments, or other state entities and a party who accepts monetary compensation in return for releasing claims against the state or its entities.
(7) "State" and "governmental entity" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, or university of the state.
History: En. Sec. 2, Ch. 511, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 10. General Provisions › 2-6-1033. Quarterly report on demands to resolve claims

2-6-1033.  Quarterly report on demands to resolve claims.
(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 perfected with initial demands seeking $10,000 or more in monetary compensation, exclusive of initial demands made in mediations or settlement conferences in which court rules or orders preclude disclosure of demands.
(2) The provisions of this section do not apply to an employee or official in the judicial branch.
(3) Claims for injunctive relief need not be reported as claims seeking monetary compensation.
(4) Demands deemed to be frivolous by governmental entities need not be reported under this section, and judicial review is not available to challenge any such determination made by a governmental entity. If a governmental entity does not disclose a claim or complaint in a quarterly report because the claim is deemed to be frivolous, the governmental entity shall disclose the number of claims or complaints not disclosed under the exemption in this subsection.
History: En. Sec. 4, Ch. 511, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 11. Executive Branch Records › 2-6-1101. Secretary of state -- powers and duties -- rulemaking authority

2-6-1101. Secretary of state -- powers and duties -- rulemaking authority.
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 recommendations regarding executive branch agency filing systems and procedures;
(3) operate the state records center for the purpose of storing and servicing public records not retained in office space;
(4) provide information and training materials for all phases of efficient and effective records management;
(5) consult with the department of administration pursuant to 2-6-1102;
(6) adopt rules regarding management of public records;
(7) adopt rules to implement the objectives of the state records committee and local government records committee; and
(8) upon request, assist and advise in the establishment of records management procedures in the legislative and judicial branches of state government and provide services similar to those available to the executive branch.
History: En. Sec. 13, Ch. 348, L. 2015; amd. Sec. 1, Ch. 140, L. 2021.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 11. Executive Branch Records › 2-6-1102. Department of administration -- powers and duties

2-6-1102. Department of administration -- powers and duties.
(1) To ensure compatibility with the information technology [resources] systems 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 technological compatibility for state agencies for records management equipment or systems used to electronically capture, store, or retrieve public records through computerized, optical, or other electronic methods.
(2) The department of administration, in consultation with the secretary of state, shall approve all acquisitions of executive branch agency records management equipment or systems used to electronically capture, store, or retrieve public records through computerized, optical, or other electronic methods to ensure compatibility with the standards developed under subsection (1).
(3) The department of administration is responsible for the management and operation of equipment, systems, facilities, and processes integral to information technology resources and the state telecommunications network.
History: En. Sec. 14, Ch. 348, L. 2015; amd. Sec. 2, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 6. Public Records › Part 11. Executive Branch Records › 2-6-1103. Agency records management duties

2-6-1103. Agency records management duties.
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) analyze records inventory data and examine and compare all inventories within the agency to minimize duplication of records;
(3) review and approve records disposal requests for submission to the retention and disposition subcommittee;
(4) review established records retention schedules to ensure they are complete and current and make recommendations to the secretary of state and the state records committee regarding minimal retentions for all copies of public records within the agency;
(5) incorporate records management requirements into the agency information technology plan provided for in 2-17-523;
(6) ensure that all agency employees receive appropriate and ongoing records management training; and
(7) after considering guidance from the state records committee regarding records manager qualifications, officially designate a qualified agency records manager to manage the functions provided for in this section.
History: En. Sec. 21, Ch. 348, L. 2015.