reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-423. Rules

2-17-423. Rules.
(1) The department of transportation may adopt and enforce reasonable rules governing the maintenance and operation of motor vehicles under control of the department.
(2) The department shall establish reasonable rules governing:
(a) the manner and procedure by which motor pool vehicles may be rented or leased to state officials, state agencies, or state employees;
(b) procedures for determining when a motor pool vehicle is not available for use; and
(c) rental charges for a motor pool vehicle that may include reimbursement of actual costs for administration, maintenance, service, operation, storage, replacement, and disposal costs.
(3) The department shall adopt and formulate travel rules providing:
(a) for scheduling of motor pool vehicles and filing an application for travel showing destination and date and time of departure and;
(b) for filing a report upon completion of the trip, showing mileage traveled and date and time of return.
History: (1)En. Sec. 2, Ch. 320, L. 1971; amd. Sec. 174, Ch. 316, L. 1974; amd. Sec. 2, Ch. 355, L. 1974; Sec. 53-515, R.C.M. 1947; (2)En. 53-519.3 by Sec. 11, Ch. 355, L. 1974; Sec. 53-519.3, R.C.M. 1947; (3)En. Sec. 5, Ch. 320, L. 1971; amd. Sec. 177, Ch. 316, L. 1974; amd. Sec. 5, Ch. 355, L. 1974; Sec. 53-518, R.C.M. 1947; R.C.M. 1947, 53-515(part), 53-518, 53-519.3; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 7, Ch. 535, L. 1991; amd. Sec. 5, Ch. 431, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-424. Acceptable uses -- rulemaking

2-17-424. Acceptable uses -- rulemaking.
(1) The department of administration shall adopt reasonable rules defining the acceptable uses for a state-owned or leased motor vehicle. The rules may allow for limited personal use of a state-owned or leased motor vehicle for emergency, travel-related purposes and other lawful activities that do not result in excessive mileage or excessive wear and tear on the motor vehicle. The rules may not permit the routine personal use of a state-owned or leased vehicle that is assigned to an employee on a 24-hour, 7-day-a-week basis.
(2) The department of administration shall adopt reasonable rules governing the determination of when the use of privately owned vehicles on state business may be justified as in the best interest of the state.
History: En. Sec. 1, Ch. 226, L. 1999.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-425. Limit on use of state vehicle to commute to worksite -- definitions

2-17-425. Limit on use of state vehicle to commute to worksite -- definitions.
(1) Except as provided in subsection (2), a state-owned vehicle may not be used by a state agency employee to commute from the employee's residence to the employee's worksite.
(2) (a) The department director may authorize an exception to subsection (1) if the commute from an employee's residence to the employee's worksite is less than 30 miles, the employee is required to be on call for quick response to an emergency that threatens life or property and on-call duty is a specifically identified duty in the employee's position description, and employees in the position have frequently responded to emergency calls in the past 6 months.
(b) Any exception authorized pursuant to subsection (2)(a) and the rationale for the exception must be documented in a memorandum or letter signed by the employee's department director and kept on file with the agency head. A copy of the letter or memorandum must be sent to the governor.
(c) This section does not apply:
(i) to the psychiatrist employed by the department of corrections and assigned to the Montana state prison;
(ii) when the vehicle is, in effect, the employee's worksite; or
(iii) when 24-hour use of a state-owned vehicle is specifically authorized by law for an elected or appointed state official and use of the vehicle is considered part of the official's compensation package.
(3) Using a state-owned vehicle to commute between the employee's residence and a worksite that is more than 30 miles from the employee's residence is not permitted under any circumstance unless that use is authorized by the employee's department director pursuant to rules adopted under 2-17-424, the rationale for the exception is documented in a memorandum or letter signed by the employee's department director and kept on file with the agency head, and a copy of the letter or memorandum is sent to the governor.
(4) As used in this section, "state agency" or "agency" means any office, board, commission, department, or other entity of the executive, judicial, or legislative branch of state government, including the university system.
History: En. Sec. 1, Ch. 463, L. 2009.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-431. Repealed

2-17-431. Repealed.
Sec. 6, Ch. 431, L. 1999.
History: En. Sec. 2, Ch. 320, L. 1971; amd. Sec. 174, Ch. 316, L. 1974; amd. Sec. 2, Ch. 355, L. 1974; R.C.M. 1947, 53-515(part); amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 8, Ch. 535, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 4. Vehicles › 2-17-432. Violation a misdemeanor

2-17-432. Violation a misdemeanor.
A state officer or employee violating this part is guilty of a misdemeanor.
History: En. Sec. 8, Ch. 320, L. 1971; amd. Sec. 180, Ch. 316, L. 1974; R.C.M. 1947, 53-521; amd. Sec. 9, Ch. 535, L. 1991.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-501. Repealed

2-17-501. Repealed.
Sec. 43, Ch. 313, L. 2001.
History: En. Sec. 1, Ch. 175, L. 1979; amd. Sec. 2, Ch. 486, L. 1983; MCA 1981, 18-4-111; redes. 2-17-501 by Code Commissioner, 1983; amd. Sec. 1, Ch. 207, L. 1985; amd. Sec. 1, Ch. 216, L. 1985; amd. Sec. 1, Ch. 76, L. 1993.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-502. Repealed

2-17-502. Repealed.
Sec. 43, Ch. 313, L. 2001.
History: En. Sec. 3, Ch. 486, L. 1983; amd. Sec. 2, Ch. 76, L. 1993; amd. Sec. 1, Ch. 56, L. 1997.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-506. Definitions

2-17-506. Definitions.
In this part, unless the context requires otherwise, the following definitions apply:
(1) "Board" means the information technology board established in 2-15-1021.
(2) "Chief data privacy officer" means a person appointed by the department to serve as chief data policy advisor to the director of the department on privacy protection issues, including the implementation of data privacy protections, compliance with federal laws, regulations, and policies relating to data privacy, management of data privacy risks at the department, and development and evaluation of legislative, regulatory, and other policy proposals.
(3) "Chief information officer" means a person appointed by the director of the department to carry out the duties and responsibilities of the department relating to information technology.
(4) "Commercial off-the-shelf information technology resources" means commercially available information technology resources that are ready-made, are primarily configurable, and can be adapted after purchase to meet the needs of the state.
(5) "Data" means any information stored on information technology resources.
(6) "Department" means the department of administration established in 2-15-1001.
(7) "Digital" means electronic data and the information technology resources used to store, retrieve, and send data.
(8) "Digital access system" means a system capable of making data accessible by means of an information technology resource.
(9) "Information technology resource" means any hardware, software, and associated services, including state and third-party platforms, networks, systems, or facilities, used to store or transmit information in any form.
(10) "Long-range information technology capital project" means a discrete long-range information technology system or application, including the replacement or upgrade to existing systems.
(11) "State agency" means any entity of the executive branch, including the university system.
(12) "State telecommunications network" means information technology resources administered by the department for the transmission of voice, video, or electronic data from one device to another.
History: En. Sec. 4, Ch. 313, L. 2001; amd. Sec. 3, Ch. 106, L. 2015; amd. Sec. 1, Ch. 425, L. 2019; amd. Sec. 1, Ch. 38, L. 2023; amd. Sec. 4, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-511. Chief information officer -- duties

2-17-511. Chief information officer -- duties.
The duties of the chief information officer include but are not limited to:
(1) carrying out all powers and duties of the department as assigned by the director of the department;
(2) serving as the chief policy advisor to the director of the department on statewide information technology issues; and
(3) assisting and advising the director of the department on the enforcement responsibilities provided in 2-17-514.
History: En. Sec. 5, Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-514. Department -- enforcement responsibilities

2-17-514. Department -- enforcement responsibilities.
(1) If the department determines that an agency is not in compliance with the state strategic information technology plan provided for in 2-17-521, the agency information technology plan provided for in 2-17-523, or the statewide information technology policies, framework, controls, standards, procedures, and guidelines provided for in 2-17-505 and 2-17-512, the department may cancel or modify any contract, project, or activity that is not in compliance.
(2) If the department determines that an agency is not in compliance with the state security policies, framework, controls, standards, procedures, and guidelines provided for in 2-17-534, the department may take appropriate action, in its sole discretion, up to and including terminating the information technology resource and requiring the use of an alternative information technology resource.
(3) Any contract entered into by an agency that includes information technology resources must include language developed by the department that references the department's enforcement responsibilities provided for in subsection (1). A contract that does not contain the required language is considered to be in violation of state law and is voidable pursuant to subsection (1). The language developed by the department may not be varied pursuant to 18-4-224.
History: En. Sec. 8, Ch. 313, L. 2001; amd. Sec. 7, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-515. Granting exceptions to state agencies

2-17-515. Granting exceptions to state agencies.
Subject to 2-17-516, the department may grant exceptions to any policy, standard, or other requirement of this part if it is in the best interests of the state of Montana. The department shall inform the governor, the office of budget and program planning, and the legislative finance committee of all exceptions that are granted and of the rationale for granting the exceptions. The department shall maintain written documentation that identifies the terms and conditions of the exception and the rationale for the exception. If an exception is granted, the department shall provide the written documentation in accordance with 5-11-210.
History: En. Sec. 9, Ch. 313, L. 2001; amd. Sec. 14, Ch. 261, L. 2021; amd. Sec. 8, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-517. Legislative and judicial branch information sharing

2-17-517. Legislative and judicial branch information sharing.
The legislative branch and the judicial branch shall provide their information technology plans to the department.
History: En. Sec. 11, Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-518. Rulemaking authority

2-17-518. Rulemaking authority.
(1) The department shall adopt rules to implement this part, including the following:
(a) rules to guide the review and approval process for state agency software and management systems that provide similar functions for multiple state agencies, which must include but are not limited to:
(i) identifying the software and management systems that must be approved;
(ii) establishing the information that state agencies are required to provide to the department; and
(iii) establishing guidelines for the department's approval decision;
(b) rules to guide the review and approval process for state agency acquisition of information technology resources, which must include but are not limited to processes and requirements for:
(i) agency submissions to gain approval for acquiring information technology resources;
(ii) approving specifications for information technology resources; and
(iii) approving contracts for information technology resources; and
(c) rules for granting exceptions from the requirements of this part, which must include but are not limited to:
(i) a process for applying for an exception; and
(ii) guidelines for determining the department's approval decision.
(2) The department may adopt rules to guide the development of state agency information technology plans. The rules may include:
(a) agency plan review procedures;
(b) agency plan content requirements;
(c) guidelines for the department's approval decision; and
(d) dispute resolution processes and procedures.
(3) Adequate rules for the use of any information technology resources must be adopted by the supreme court for judicial branch agencies.
(4) The legislative council shall adopt enterprise principles and technical standards within an enterprise architecture program as a part of the legislative branch information technology plan, as provided for in 5-11-405, that will fulfill the intent of adequate rules for use of information technology resources for the consolidated legislative branch, as provided for in 5-2-504.
History: En. Sec. 12, Ch. 313, L. 2001; amd. Sec. 1, Ch. 72, L. 2007; amd. Sec. 2, Ch. 284, L. 2013.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-521. State strategic information technology plan -- biennial report

2-17-521. State strategic information technology plan -- biennial report.
(1) The department shall prepare a state strategic information technology plan. The department shall seek the advice of the board in the development of the plan.
(2) The plan must:
(a) reflect the policies as set forth in 2-17-505 and 2-17-512 and be in accordance with statewide policies, framework, controls, standards, procedures, and guidelines established by the department;
(b) establish the statewide mission, goals, and objectives for the use of information technology, including goals for electronic access to government records, information, and services; and
(c) establish the strategic direction for how state agencies will develop and use information technology resources to provide state government services.
(3) The department shall update the plan as necessary. The plan and any updates must be distributed as provided in 2-17-522.
(4) The department shall prepare a biennial report on information technology based on agency information technology plans and performance reports required under 2-17-524 and other information considered appropriate by the department. The biennial report must include:
(a) an analysis of the state's information technology infrastructure, including its value, condition, and capacity;
(b) an evaluation of performance relating to information technology;
(c) an assessment of progress made toward implementing the state strategic information technology plan;
(d) an inventory of information technology resources;
(e) agency budget requests for major projects; and
(f) other information as determined by the department or requested by the governor or the legislature.
History: En. Sec. 13, Ch. 313, L. 2001; amd. Sec. 10, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-522. State strategic information technology plan -- distribution

2-17-522. State strategic information technology plan -- distribution.
(1) The department shall distribute the state strategic information technology plan and the biennial report to the governor and to the legislature as provided in 5-11-210.
(2) Updates to the state strategic information technology plan must be provided to the governor by March 1 of each even-numbered year and to the legislative finance committee at its next scheduled meeting after March 1.
(3) By April 1 of each even-numbered year, the updated state strategic information technology plan must be distributed to all state agencies with instructions and schedules for updating and approving agency information technology plans in accordance with 2-17-527.
History: En. Sec. 14, Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-523. Agency information technology plans -- policy

2-17-523. Agency information technology plans -- policy.
(1) Each state agency is required to develop and maintain an agency information technology plan. The agency information technology plans must reflect the content and format requirements specified in 2-17-524.
(2) An agency information technology plan must be submitted to and approved by the department as described in 2-17-527.
(3) New investments in information technology resources can be included in the governor's budget only if the technology is in the agency information technology plan and is in support of the state information technology strategic plan.
History: En. Sec. 15, Ch. 313, L. 2001; amd. Sec. 11, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-524. Agency information technology plans -- form and content -- performance reports

2-17-524. Agency information technology plans -- form and content -- performance reports.
(1) Each agency's information technology plan must include but is not limited to the following:
(a) a statement of the agency's mission, goals, and objectives for information technology, including a discussion of how the agency uses or plans to use information technology to provide mission-critical services to Montana citizens and businesses;
(b) an explanation of how the agency's mission, goals, and objectives for information technology support and conform to the state strategic information technology plan required in 2-17-521;
(c) a baseline profile of the agency's current information technology resources and capabilities that:
(i) includes sufficient information to fully support state-level review and approval activities; and
(ii) will serve as the basis for subsequent planning and performance measures;
(d) an evaluation of the baseline profile that identifies real or potential deficiencies or obsolescence of the agency's information technology resources and capabilities;
(e) a list of new technology strategies and resources required to meet the objectives of the agency's information technology plan. The investment required for the new projects and resources must be developed using life-cycle cost analysis, including the initial investment, maintenance, and replacement costs, and must fulfill or support an agency's business requirements.
(f) when feasible, estimated schedules and funding required to implement identified projects; and
(g) any other information required by law or requested by the department, the governor, or the legislature.
(2) Each agency's information technology plan must project activities and costs over a 6-year time period, consisting of the biennium during which the plan is written or updated and the 2 subsequent bienniums.
(3) Each agency shall prepare and submit to the department a biennial performance report that evaluates progress toward the objectives articulated in its information technology plan. The report must include:
(a) an evaluation of the agency's performance relating to information technology;
(b) an assessment of progress made toward implementing the agency information technology plan; and
(c) an inventory of agency information technology resources.
(4) State agencies shall prepare agency information technology plans and biennial performance reports using standards, elements, forms, and formats specified by the department.
History: En. Sec. 16, Ch. 313, L. 2001; amd. Sec. 12, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-526. Information technology project budget summary

2-17-526. Information technology project budget summary.
(1) (a) The office of budget and program planning, in cooperation with the department, shall prepare a statewide summary of:
(i) proposed major new information technology strategic objectives contained in the state budget; and
(ii) proposed major information technology purchases or implementation impacting another state agency or branch of government to be funded within the current operating budgets, including replacement of or upgrade to existing systems.
(b) The office of budget and program planning and the department shall jointly determine the criteria for classifying a project as a major information technology project.
(2) The information technology strategic objective summary must include:
(a) a listing by institution, agency, or branch of all proposed major information technology purchases or implementations described in subsection (1). Each proposed purchase or implementation included on the list must include:
(i) a description of what would be accomplished by completing the purchase or implementation;
(ii) a list of the existing information technology applications for all branches of government that may be impacted by the purchase or implementation;
(iii) an estimate, prepared in consultation with the impacted agencies, of the costs and resource impacts on existing information technology applications;
(iv) the estimated cost of the purchase or implementation;
(v) the source for funding the purchase or implementation, including funds within an existing operating budget or a new budget request; and
(vi) the estimated cost of operating information technology resources.
(b) a listing of internal service rates proposed for providing information technology services. Each internal service rate included on the list must include:
(i) a description of the services provided; and
(ii) a breakdown, aggregated by fund type, of requests included in the state budget to support the rate.
(c) any other information as determined by the budget director or the department or as requested by the governor or the legislature.
(3) The information technology project summary must be presented to the legislative fiscal analyst in accordance with 17-7-111(4).
History: En. Sec. 18, Ch. 313, L. 2001; amd. Sec. 1, Ch. 106, L. 2005; amd. Sec. 13, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-527. Agency information technology plans -- review and approval -- updates

2-17-527. Agency information technology plans -- review and approval -- updates.
(1) Plans and reports required under 2-17-524 must be submitted to the department for review and approval according to a schedule adopted by the department. The schedule must provide for approval of plans no later than June 30 in each even-numbered year.
(2) The department may reject, require modification of, or approve agency information technology plans as considered appropriate by the department. The primary basis for evaluating agency information technology plans must be conformity to the state strategic information technology plan, as provided for in 2-17-521.
(3) Agency information technology plans must be updated and are subject to review and approval whenever substantive changes occur to an agency's information technology profile. Plan updates must be submitted to the department in a timely manner and may not be held until the next biennial reporting cycle.
History: En. Sec. 17, Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-531. Repealed

2-17-531. Repealed.
Sec. 3, Ch. 237, L. 2015.
History: En. 82-3325.1 and 82-3325.2 by Sec. 2, 3, Ch. 315, L. 1975; R.C.M. 1947, 82-3325.1, 82-3325.2; amd. Sec. 27, Ch. 313, L. 2001; Sec. 2-17-303, MCA 1999; redes. 2-17-531 by Sec. 44(3), Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-532. Establishment

2-17-532. Establishment.
(1) The department shall establish and maintain appropriate information technology resources for state agencies for use in access to information and services by citizens, businesses, and other government entities. State agencies shall establish digital access systems that meet minimum technical standards established by the department. Agencies involved in communicating information or providing services to the public shall use these systems to provide appropriate information to the public, including but not limited to:
(a) descriptions of agency functions, including contact information;
(b) agency program services provided to citizens, businesses, and other government entities;
(c) environmental assessments;
(d) rulemaking notices;
(e) board vacancy notices as required by 2-15-201;
(f) agency reports mandated by statute;
(g) parks reports required by 23-1-110;
(h) requests for bids or proposals; and
(i) public meeting notices and agendas.
(2) The purpose of digital access systems is to encourage the practice of providing for direct citizen, business, and other government entity access to state information technology resources.
History: En. Sec. 2, Ch. 268, L. 1989; amd. Sec. 1, Ch. 166, L. 1993; amd. Sec. 2, Ch. 440, L. 1997; amd. Sec. 29, Ch. 313, L. 2001; Sec. 2-17-322, MCA 1999; redes. 2-17-532 by Sec. 44(3), Ch. 313, L. 2001; amd. Sec. 14, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-533. Responsibilities

2-17-533. Responsibilities.
(1) The department shall:
(a) establish policies, framework, controls, standards, procedures, and guidelines for the digital access systems;
(b) establish appropriate services to support state agencies' use of the digital access systems; and
(c) develop user-friendly systems for entities regularly interacting with state government, including but not limited to citizens, businesses, and other government entities, and promote the systems' use to reduce costs for state government and as a means to obtain information and services faster and in a more cost-effective manner.
(2) The department shall provide security to protect the integrity of its digital access systems.
(3) Each department is responsible for ensuring the integrity and appropriateness of the information that it places in the digital access systems.
(4) The department shall provide for an equitable method for recovering the cost of operating the digital access systems that the department provides.
History: En. Sec. 3, Ch. 268, L. 1989; amd. Sec. 2, Ch. 166, L. 1993; amd. Sec. 3, Ch. 440, L. 1997; amd. Sec. 30, Ch. 313, L. 2001; Sec. 2-17-323, MCA 1999; redes. 2-17-533 by Sec. 44(3), Ch. 313, L. 2001; amd. Sec. 15, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-534. Security responsibilities of department

2-17-534. Security responsibilities of department.
The department is responsible for providing centralized management and coordination of state policies for security of data and information technology resources and shall:
(1) establish and maintain the minimum policies, framework, controls, standards, procedures, and guidelines to implement 2-15-114, including the physical security of information technology resources and the state telecommunications network;
(2) establish guidelines to assist agencies in identifying information technology personnel occupying positions of special trust or responsibility or sensitive locations;
(3) establish standards and policies for the exchange of data between any agency information technology resource and any other state agency, private entity, or public entity to ensure that exchanges do not jeopardize data security and confidentiality;
(4) coordinate and provide for a training program regarding security of data and information technology resources to serve governmental technical and managerial needs;
(5) include appropriate security requirements in the specifications for solicitation of state contracts for procuring data and information technology resources; and
(6) on request, provide technical and managerial assistance relating to information technology security.
History: En. Sec. 3, Ch. 592, L. 1987; amd. Sec. 31, Ch. 313, L. 2001; Sec. 2-17-503, MCA 1999; redes. 2-17-534 by Sec. 44(3), Ch. 313, L. 2001; amd. Sec. 16, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-541. Repealed

2-17-541. Repealed.
Sec. 6, Ch. 106, L. 2015.
History: En. Sec. 1, Ch. 228, L. 1983; Sec. 2-17-311, MCA 1999; redes. 2-17-541 by Sec. 44(3), Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-542. Repealed

2-17-542. Repealed.
Sec. 6, Ch. 106, L. 2015.
History: En. Sec. 2, Ch. 228, L. 1983; Sec. 2-17-312, MCA 1999; redes. 2-17-542 by Sec. 44(3), Ch. 313, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-543. 9-1-1 and mutual aid frequency programs -- rulemaking authority

2-17-543. 9-1-1 and mutual aid frequency programs -- rulemaking authority.
(1) The department of justice shall:
(a) coordinate public safety communications on behalf of public and private safety agencies as provided in 2-17-544, 2-17-545, and this section; and
(b) manage the state 9-1-1 program as provided for in Title 10, chapter 4, part 3.
(2) The department of justice may adopt rules to implement the mutual aid frequency manual provided for in 2-17-545.
(3) The department of justice shall obtain input from all public and private safety agency users of mutual aid frequencies for land mobile radio.
(4) As used in 2-17-544 and this section, "public safety agency" and "private safety agency" have the same meanings as provided in 10-4-101.
History: En. Sec. 3, Ch. 228, L. 1983; Sec. 2-17-313, MCA 1999; redes. 2-17-543 by Sec. 44(3), Ch. 313, L. 2001; amd. Sec. 5, Ch. 106, L. 2015; amd. Sec. 5, Ch. 38, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-544. Mutual aid frequency program for land mobile radio

2-17-544. Mutual aid frequency program for land mobile radio.
The mutual aid frequency program for land mobile radio is designed to provide public and private safety agencies with a set of land mobile radio frequencies and predetermined operational parameters that serve as a basis for initial, on-scene emergency coordination and the resolution of interoperability issues.
History: En. Sec. 1, Ch. 106, L. 2015.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-545. Mutual aid frequencies manual -- land mobile radio

2-17-545. Mutual aid frequencies manual -- land mobile radio.
The department of justice shall develop and maintain a manual that includes policies and procedures for the effective and efficient use of mutual aid frequencies for land mobile radio.
History: En. Sec. 2, Ch. 106, L. 2015; amd. Sec. 6, Ch. 38, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-546. Exemption of criminal justice information network -- exception

2-17-546. Exemption of criminal justice information network -- exception.
The provisions of this part do not apply to the criminal justice information network or its successor except for the provisions dealing with the purchase, maintenance, and allocation of telecommunication service delivery. However, the department of justice shall cooperate with the department to coordinate telecommunications services of the state.
History: En. Sec. 9, Ch. 230, L. 1971; amd. Sec. 88, Ch. 326, L. 1974; R.C.M. 1947, 82-3331; amd. Sec. 28, Ch. 313, L. 2001; Sec. 2-17-306, MCA 1999; redes. 2-17-546 by Sec. 44(3), Ch. 313, L. 2001; amd. Sec. 2, Ch. 55, L. 2015; amd. Sec. 17, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-550. Short title

2-17-550. Short title.
Sections 2-17-550 through 2-17-553 may be cited as the "Governmental Internet Information Privacy Act".
History: En. Sec. 1, Ch. 219, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-551. Definitions

2-17-551. Definitions.
As used in 2-17-550 through 2-17-553, the following definitions apply:
(1) "Collect" means the gathering of personally identifiable information about a user of an internet service, online service, or website by or on behalf of the provider or operator of that service or website by any means, direct or indirect, active or passive, including:
(a) an online request for the information by the provider or operator, regardless of how the information is transmitted to the provider or operator;
(b) the use of an online service to gather the information; or
(c) tracking or use of any identifying code linked to a user of a service or website, including the use of cookies.
(2) "Governmental entity" means the state and political subdivisions of the state.
(3) "Government operator" or "operator" means a governmental entity that operates a website or social media presence or uses any digital means of providing digital services that collects or maintains personal information from or about the users of or visitors to the website or online service or on whose behalf information is collected or maintained.
(4) "Internet" means, collectively, the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected worldwide network of networks that use the transmission control protocol/internet protocol or any predecessor or successor protocols to communicate information of all kinds by wire or radio.
(5) "Online" means any activity regulated by 2-17-550 through 2-17-553 that is effected by active or passive use of an internet connection, regardless of the medium by or through which the connection is established.
(6) "Personally identifiable information" means individually identifiable information about an individual collected online, including:
(a) a first and last name;
(b) a residence or other physical address, including a street name and name of a city or town;
(c) an e-mail address;
(d) a telephone number;
(e) a social security number; or
(f) unique identifying information that an internet service provider or a government operator collects and combines with any information described in subsections (6)(a) through (6)(e).
(7) "Political subdivision" means any county, city, municipal corporation, school district, or other political subdivision or public corporation.
(8) "State" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state.
History: En. Sec. 2, Ch. 219, L. 2001; amd. Sec. 18, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-552. Collection of personally identifiable information -- requirements

2-17-552. Collection of personally identifiable information -- requirements.
(1) A government operator may not collect personally identifiable information online from a user unless the operator complies with the provisions of this section.
(2) (a) A government operator shall ensure the information delivery system or platform:
(i) identifies who operates the system;
(ii) provides both physical and electronic means for contacting the operator; and
(iii) generally describes the operator's information practices, including policies to protect the privacy of the user and the steps taken to protect the security of the collected information; and
(b) If the department determines that an agency is not in compliance with the state security policies, framework, controls, standards, procedures, and guidelines provided for in 2-17-534, the department may take appropriate action, in its sole discretion, up to and including terminating the information technology resource and requiring the use of an alternative information technology resource.
(3) In addition to the requirements of subsection (2)(a), if the personally identifiable information may be used for a purpose other than the express purpose for the collection or may be given or sold to a third party, except as required by law, then the operator shall ensure that the information technology resource includes:
(a) a clear and conspicuous notice to the user that the information collected could be used for other than the purposes of the collection;
(b) a general description of the types of third parties that may obtain the information; and
(c) a clear, conspicuous, and easily understood online procedure requiring an affirmative expression of the user's permission before the information is collected.
History: En. Sec. 3, Ch. 219, L. 2001; amd. Sec. 19, Ch. 365, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-553. No change of privacy right or public right to know

2-17-553. No change of privacy right or public right to know.
Sections 2-17-550 through 2-17-553 are not intended to expand or restrict the individual right of privacy or the public right to know or to change the rights and obligations of persons, state agencies, or local governments that are otherwise provided by law.
History: En. Sec. 4, Ch. 219, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-560. Reappropriation of long-range information technology capital project funds

2-17-560. Reappropriation of long-range information technology capital project funds.
The remaining balances for long-range information technology capital projects previously approved by the legislature and identified as long-range information technology capital projects in an appropriation act are reappropriated for the purposes of the original appropriation until the projects are completed.
History: En. Sec. 18, Ch. 3, Sp. L. May 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 5. Information Technology -- Internet Privacy › 2-17-561. Approval required

2-17-561. Approval required.
Amounts appropriated by the legislature to executive branch agencies, other than the university system, for long-range information technology capital projects may not be encumbered until project and security plans are approved by the chief information officer and the budget director if the legislature directs these approvals as a condition on the appropriations in the bill making the appropriations.
History: En. Sec. 19, Ch. 3, Sp. L. May 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 6. Government Competition With Private Internet Providers › 2-17-601. Statement of purpose -- policy

2-17-601. Statement of purpose -- policy.
(1) The legislature recognizes that access to affordable, high-speed internet services is critical to the state's economic future and that the planning, development, and delivery of quality internet services should be a coordinated effort among state government, local governments, and private enterprise.
(2) It is the policy of this state to:
(a) recognize that private sector enterprises engaged in the delivery of internet access and related services should have an opportunity to provide those services without undue interference or competition from the state or its political subdivisions; and
(b) encourage agencies and political subdivisions to publicly announce requirements for internet services and negotiate contracts for internet access with private enterprise to ensure that innovative technology is available to serve the public's needs at the most fair and reasonable cost.
History: En. Sec. 1, Ch. 547, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 6. Government Competition With Private Internet Providers › 2-17-602. Definitions

2-17-602. Definitions.
As used in this part, the following definitions apply:
(1) "Agency" has the meaning provided for in 2-15-102.
(2) "Internet services provider" means a person or an entity that provides a service, available to the public, that enables the person's or entity's customers to access the internet, purchase internet server or file-hosting services, colocate internet equipment, or use data transmission over the internet for a fee.
(3) "Political subdivision" has the meaning provided for in 2-9-101.
History: En. Sec. 2, Ch. 547, L. 2001.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 6. Government Competition With Private Internet Providers › 2-17-603. Government competition with private internet services providers prohibited -- exceptions

2-17-603. Government competition with private internet services providers prohibited -- exceptions.
(1) Except as provided in subsection (2)(a) or (2)(b), an agency or political subdivision of the state may not directly or through another agency or political subdivision be an internet services provider.
(2) (a) An agency or political subdivision may act as an internet services provider if:
(i) no private internet services provider is available within the jurisdiction served by the agency or political subdivision; or
(ii) the agency or political subdivision provided services prior to July 1, 2001.
(b) An agency or political subdivision may act as an internet services provider when providing advanced services that are not otherwise available from a private internet services provider within the jurisdiction served by the agency or political subdivision.
(c) If a private internet services provider elects to provide internet services in a jurisdiction where an agency or political subdivision is providing internet services, the private internet services provider shall inform the agency or the political subdivision in writing at least 30 days in advance of offering internet services.
(3) Upon receiving notice pursuant to subsection (2)(c), the agency or political subdivision shall notify its subscribers within 30 days of the intent of the private internet services provider to begin providing internet services and may choose to discontinue providing internet services within 180 days of the notice.
(4) Nothing in this section may be construed to prohibit an agency or political subdivision from:
(a) offering [digital] government services to the general public;
(b) acquiring access to the internet from a private internet services provider in order to offer [digital] government services to the general public; or
(c) providing funding to private broadband service providers for broadband service infrastructure projects; or
(d) providing network infrastructure within the contiguous campus of the agency or political subdivision.
History: En. Sec. 3, Ch. 547, L. 2001; amd. Sec. 29, Ch. 401, L. 2021; amd. Sec. 1, Ch. 342, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 17. Property and Systems Development and Management › Part 6. Government Competition With Private Internet Providers › 2-17-604. Alternatives to public internet services providers

2-17-604. Alternatives to public internet services providers.
An agency or political subdivision is encouraged to publish its requirements for internet services and to use, to the maximum extent possible, private internet services providers to deliver internet services to the public.
History: En. Sec. 4, Ch. 547, L. 2001.