2-6-1109. Retention and disposition subcommittee — approval required for record disposal. (1) There is a subcommittee of the state records committee to be known as the retention and disposition subcommittee. The subcommittee is composed of the members of the state records committee who represent the following offices:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 2-6-1109

  • Public record: means public information that is:

    (a)fixed in any medium and is retrievable in usable form for future reference; and

    (b)designated for retention by the state records committee, judicial branch, legislative branch, or local government records committee. See Montana Code 2-6-1002

  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • State records committee: means the state records committee provided for in 2-6-1107. See Montana Code 2-6-1002

(a)the department of administration;

(b)the legislative auditor;

(c)the attorney general;

(d)the secretary of state; and

(e)the Montana historical society.

(2)The subcommittee shall approve, modify, or disapprove the recommendations on retention schedules of all public records.

(3)Except as provided in subsection (4), no public record may be disposed of or destroyed without the unanimous approval of the subcommittee. When approval is required, a request for the disposal or destruction must be submitted to the subcommittee by the agency concerned.

(4)The subcommittee may by unanimous approval establish categories of records for which no disposal request is required if those records are retained for the designated retention period.