2-6-1113. Constitutional officer records — Montana historical society. (1) All constitutional officer records are the property of the state. The records must be delivered by outgoing constitutional officers to their successors, who shall preserve, store, transfer, destroy, or dispose of and otherwise manage them in accordance with the provisions of this section.

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(2)Within 2 years after taking office as a constitutional officer, the current constitutional officer shall consult with staff members of the Montana historical society and transfer to the Montana historical society all of the constitutional officer records of the prior officeholder that are not necessary to the current operation of that office and are considered worthy of preservation.

(3)An outgoing constitutional officer, in consultation with staff members of the Montana historical society, shall review constitutional officer records and isolate any items of a purely personal nature. The personal papers are not subject to this section, but they may be deposited along with the constitutional officer records at the Montana historical society at the constitutional officer’s discretion.

(4)An outgoing constitutional officer, in consultation with staff members of the Montana historical society, may restrict access to certain segments of that officer’s records. Restrictions may not be longer than the lifetime of the depositing official. Restricted access may be imposed only to protect the confidentiality of personal information contained in the records. Restricted access may not be imposed unless the demand of individual privacy clearly exceeds the merits of public disclosure.

(5)Any question concerning the transfer or other status of constitutional officer records arising between the state archives and a constitutional officer’s office must be decided by a four-fifths vote of the members of the retention and disposition subcommittee provided for in 2-6-1109.