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.

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Terms Used In Montana Code 2-6-1008

  • Constitutional officer: means the governor, lieutenant governor, attorney general, secretary of state, superintendent of public instruction, or auditor, who are the constitutionally designated and elected officials of the executive branch of government. See Montana Code 2-6-1002
  • Constitutional officer record: means a public record prepared, owned, used, or retained by a constitutional officer. See Montana Code 2-6-1002
  • Historic record: means a public record found by the state archivist to have permanent administrative or historic value to the state. See Montana Code 2-6-1002
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Public agency: means the executive, legislative, and judicial branches of Montana state government, a political subdivision of the state, a local government, and any agency, department, board, commission, office, bureau, division, or other public authority of the executive, legislative, or judicial branch of the state of Montana. See Montana Code 2-6-1002
  • 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
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC

(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.