Montana Code 2-6-1205. Disposal of local government public records prohibited prior to offering — central registry — notification
2-6-1205. Disposal of local government public records prohibited prior to offering — central registry — notification. (1) A local government public record that is more than 50 years old may not be destroyed unless it is first offered to the Montana historical society, the state archives, Montana public and private universities and colleges, local historical museums, local historical societies, Montana genealogical groups, and the general public.
Terms Used In Montana Code 2-6-1205
- Confidential information: means information that is accorded confidential status or is prohibited from disclosure as provided by applicable law. See Montana Code 2-6-1002
- Local government: means a city, town, county, consolidated city-county, special district, or school district or a subdivision of one of these entities. See Montana Code 2-6-1002
- Local government records committee: means the committee provided for in 2-6-1201. 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
(2)The availability of a public record to be destroyed must be noticed to the entities listed in subsection (1) at least 30 days prior to disposal.
(3)(a) Claimed records must be given to entities in the order of priority listed in subsection (1).
(b)All expenses for the removal of claimed records must be paid by the entity claiming the records.
(c)The local government records committee shall establish procedures by which public records must be offered and claimed pursuant to this section.
(d)The local government records committee shall develop and maintain a central registry of the entities identified in subsection (1) who are interested in receiving notice of the potential destruction of public records pursuant to this section. The registry must be constructed to allow a local government entity to notify the local government records committee when the entity intends to destroy documents covered under this section and allow the local government records committee to subsequently notify the entities in the registry. A local government entity’s notice to the local government records committee pursuant to this subsection (3)(d) and the records committee’s notice to the entities listed on the registry fulfill the notification requirements of this section.
(4)A local government entity shall ensure that any record that contains confidential information or is otherwise protected from disclosure is not added to the central registry under subsection (3).