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SENATE BILL NO. 82
INTRODUCED BY S. DOHERTY
BY REQUEST OF THE DEPARTMENT OF JUSTICE
AN ACT GENERALLY REVISING STATUTES RELATING TO THE PUBLIC'S RIGHT TO EXAMINE DOCUMENTS AND OBSERVE THE DELIBERATIONS OF GOVERNMENT; CLARIFYING THE PROCEDURE FOR OPENING COMPETITIVE SEALED PROPOSALS; AMENDING SECTIONS 5-3-106, 18-4-304, 23-5-115, 23-5-116, 30-10-107, 33-1-409, 33-2-1116, 33-2-1701, 33-16-205, 33-20-1310, 44-4-203, 44-5-301, 50-15-121, 50-15-122, 61-3-101, 61-11-105, AND 81-23-302, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 5-3-106, MCA, is amended to read:
"5-3-106. Procedure for polling legislators.
(1) Within 5 days after receiving a request, the secretary of state shall
send to all legislators by certified mail a ballot which that contains: (a)(1) the names of the legislators making the request; (b)(2) the reasons for calling the special session; (c)(3) the purposes of the special session; (d)(4) the requested convening date and time of the special session; (e)(5) the date by which legislators must shall return the ballot, which may not be more than 30 days after the date of the
mailing of the ballots; and (f)(6) a stamped return envelope. (2) The secretary of state shall keep the ballots secret until all legislators have voted or until the day after the date set for
return of the ballots, whichever occurs first."
Section 2. Section 18-4-304, MCA, is amended to read:
"18-4-304. Competitive sealed proposals. (1) The department may procure supplies and services through competitive sealed proposals.
(2) Proposals must be solicited through a request for proposals.
(3) Adequate public notice of the request for proposals must be given in the same manner as provided in 18-4-303(2).
(4) Proposals must be opened so as to avoid disclosure of contents to competing offerors during the process of
negotiation. A register of proposals must be prepared in accordance with rules adopted by the department and must be open
for public inspection after contract award. After the contract is executed, proposal documents may be inspected by the
public, subject to the limitations of the Uniform Trade Secrets Act, Title 30, chapter 14, part 4.
(4) After the proposals have been opened at the time and place designated in the request for proposals, proposal documents may be inspected by the public, subject to the limitations of:
(a) the Uniform Trade Secrets Act, Title 30, chapter 14, part 4;
(b) matters involving individual safety as determined by the department;
(c) information requested by the department to establish vendor responsibility unless prior written consent has been given by the vendor, pursuant to 18-4-308; and
(d) other constitutional protections.
(5) The request for proposals must state the evaluation factors and their relative importance. The award must be made to the responsible and responsive offeror whose proposal best meets the evaluation criteria. Other factors or criteria may not be used in the evaluation. The contract file must demonstrate the basis on which the award is made.
(6) The department may discuss a proposal with an offeror for the purpose of clarification or revision of the proposal.
conducting discussions, there may not be disclosure of any information derived from proposals submitted by competing
Section 3. Section 23-5-115, MCA, is amended to read:
"23-5-115. Powers and duties of department -- licensing. (1) The department shall administer the provisions of parts 1 through 8 of this chapter.
(2) The department shall adopt rules to administer and implement parts 1 through 8 of this chapter.
(3) The department shall provide licensing procedures, prescribe necessary application forms, and grant or deny license applications.
(4) The department shall prescribe recordkeeping requirements for licensees, provide a procedure for inspection of records, provide a method for collection of taxes, and establish penalties for the delinquent reporting and payment of required taxes.
(5) The department may suspend, revoke, deny, or place a condition on a license issued under parts 1 through 8 of this chapter.
(6) The department may not make public or otherwise disclose confidential criminal justice information
obtained in the
application or tax reporting processes, except for general statistical reporting or studies or as provided in 23-5-116, as
defined in 44-5-103, information obtained in the tax reporting processes, personal information protected by an individual
privacy interest, or trade secrets, as defined in 30-14-402, specifically identified and for which there are reasonable grounds
of privilege asserted by the party claiming the privilege.
(7) The department shall assess, collect, and disburse any fees, taxes, or charges authorized under parts 1 through 8 of this chapter."
Section 4. Section 23-5-116, MCA, is amended to read:
"23-5-116. Disclosure of information. (1) The department shall, upon request, disclose
the following information from
a license or permit application: (a) the applicant's name; (b) the address of the business where the activity under the license or permit is to be conducted; (c) the name of each person who has an ownership interest in the business; and (d) the types of permits requested by the applicant. (2) The department shall, upon request, disclose: (a) public criminal justice information, as defined in 44-5-103, as required by 44-5-301; (b) all records and other information, except confidential criminal justice information, as defined in 44-5-103, that
relates to: (i) a sanction imposed under 23-5-136, for a violation of this chapter or a department rule; or (ii) any other civil or administrative sanction or penalty imposed under a provision of this chapter or a department rule
for a violation of this chapter or a department rule concerning a current or former gambling license applicant or gambling
licensee, or any other person engaged in gambling or a gambling activity governed by parts 1 through 8 of this chapter,
(a) confidential criminal justice information, as defined in 44-5-103;
(b) personal information protected by an individual privacy interest;
(c) trade secrets, as defined in 30-14-402, specifically identified and for which there are reasonable grounds of privilege asserted by the party claiming the privilege; and
(d) information obtained in the tax reporting processes.
(3)(2) In addition to the information enumerated in subsections (1) and (2) Notwithstanding the limitations set forth in
subsection (1), the department may disclose any other relevant information obtained in the application or tax reporting
process or as a result of other department operations to:
(a) a federal, state, city, county, or tribal criminal justice agency;
(b) the department of revenue and the federal internal revenue service; and
(c) a gambling regulatory agency of another state, a local government unit of another state, a tribal government, or a foreign nation, provided that the disclosure of the information complies with the law of that jurisdiction and that the receiving entity has been approved for receipt by the Montana attorney general."
Section 5. Section 30-10-107, MCA, is amended to read:
"30-10-107. Administration. (1) The administration of the provisions of parts 1 through 3 of this chapter must be
under the general supervision and control of the state auditor, the ex officio securities commissioner. The commissioner
may, from time to time, make, amend, and rescind rules and forms as necessary to carry out the provisions of parts 1
through 3 of this chapter. A rule or form may not be adopted unless the commissioner finds that the action is necessary or
appropriate in the public interest or for the protection of investors and consistent with the purposes of the policy and
provisions of parts 1 through 3 of this chapter. In prescribing rules and forms, the commissioner may cooperate with the
securities administrators of the other states and the securities and exchange commission with a view to effectuating the
policy of parts 1 through 3 of this chapter to achieve maximum uniformity in the form and content of registration
statements, applications, and reports
wherever whenever practicable.
(2) It is unlawful for the commissioner or any of the commissioner's officers or employees to use for personal benefit
any information filed with or obtained by the commissioner and not made public. The provisions of parts 1 through 3 of this
chapter do not authorize the commissioner or any of the commissioner's officers or employees to disclose any information
or the fact that
any an investigation is being made, except among themselves or when necessary or appropriate in a
proceeding or investigation under parts 1 through 3 of this chapter.
(3) The provisions of parts 1 through 3 of this chapter imposing liability do not apply to
any an act done or omitted in
good faith in conformity with any a rule, form, or order of the commissioner, notwithstanding that the rule or form may
later be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.
(4) Every hearing in an administrative proceeding must be public
unless the commissioner grants a request joined in by
all the respondents that the hearing be conducted privately.
(5) A document is filed when it is received by the commissioner. The commissioner shall keep a register of all applications for registration and registration statements that are or have ever been effective under parts 1 through 3 of this chapter and all denial, suspension, or revocation orders that have ever been entered under parts 1 through 3 of this chapter. The register must be open for public inspection. The information contained in or filed with any registration statement, application, or report may be made available to the public under rules the commissioner prescribes.
(6) Upon request and at a reasonable charge, the commissioner shall furnish to any person photostatic or other copies,
certified if requested, of any entry in the register or any document that is a matter of public record. In
any a proceeding or
prosecution under parts 1 through 3 of this chapter, any a certified copy is prima facie evidence of the contents of the entry
or document certified.
(7) To serve the purposes of 30-10-102, the commissioner may cooperate with the securities and exchange commission,
the commodity futures trading commission, the securities investor protection corporation, any national securities exchange
or national securities association registered under the Securities Exchange Act of 1934, any national or international
organization of securities officials or agencies, and any governmental agency, corporation, or body.
(8) Except as specifically provided in this title, an order or notice may be given to a person by personal delivery or by
mail addressed to that person at the person's
last recorded last-recorded principal place of business on file at the
commissioner's office. An order or notice that is mailed is considered to have been given at the time it is mailed."
Section 6. Section 33-1-409, MCA, is amended to read:
"33-1-409. Examination reports -- hearings -- confidentiality -- publication. (1) All examination reports must be composed only of facts appearing upon the books, records, or other documents of the company, its agents, or other persons examined or as ascertained from the testimony of its officers or agents or other persons examined concerning its affairs. The report must contain the conclusions and recommendations that the examiners find reasonably warranted from the facts.
(2) No later than 60 days following completion of the examination, the examiner in charge shall file with the department a verified written report of examination under oath. Upon receipt of the verified report, the department shall transmit the report to the company examined, together with a notice that gives the company examined a reasonable opportunity, but not more than 30 days, to make a written submission or rebuttal with respect to any matters contained in the examination report.
(3) Within 30 days of the end of the period allowed for the receipt of written submissions or rebuttals, the commissioner shall fully consider and review the report, together with any written submissions or rebuttals and any relevant portions of the examiner's workpapers and enter an order:
(a) adopting the examination report as filed or with modification or corrections. If the examination report reveals that the company is operating in violation of any law, regulation, or prior order of the commissioner, the commissioner may order the company to take any action the commissioner considers necessary and appropriate to cure the violation.
(b) rejecting the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation, information, or testimony and of refiling pursuant to subsection (2); or
(c) calling for an investigatory hearing with no less than 20 days' notice to the company for purposes of obtaining additional data, documentation, information, and testimony.
(4) (a) All orders entered pursuant to subsection (3)(a) must be accompanied by findings and conclusions resulting from the commissioner's consideration and review of the examination report, relevant examiner workpapers, and any written submissions or rebuttals. An order must be considered a final administrative decision and may be appealed pursuant to Title 33, chapter 1, part 7, and must be served upon the company by certified mail, together with a copy of the adopted examination report. Within 30 days of the issuance of the adopted report, the company shall file affidavits executed by each of its directors stating under oath that they have received a copy of the adopted report and related orders.
(b) (i) A hearing conducted under subsection (3)(c) by the commissioner or an authorized representative must be conducted as a nonadversarial, confidential, investigatory proceeding as necessary for the resolution of any inconsistencies, discrepancies, or disputed issues apparent upon the face of the filed examination report or raised by or as a result of the commissioner's review of relevant workpapers or by the written submission or rebuttal of the company. Within 20 days of the conclusion of the hearing, the commissioner shall enter an order pursuant to subsection (3)(a).
(ii) The commissioner may not appoint an examiner as an authorized representative to conduct the hearing. The hearing
must proceed expeditiously with discovery by the company limited to the examiner's workpapers that tend to substantiate
any assertions set forth in any written submission or rebuttal. The commissioner or the commissioner's representative may
issue subpoenas for the attendance of
any witnesses or the production of any documents considered relevant to the
investigation, whether under the control of the department, the company, or other persons. The documents produced must
be included in the record, and testimony taken by the commissioner or the commissioner's representative must be under
oath and preserved for the record. This section does not require the department to disclose any information or records that
would indicate or show the existence or content of any an investigation or activity of a criminal justice agency.
(iii) The hearing must proceed with the commissioner or the commissioner's representative posing questions to the
persons subpoenaed. The company and the department may present testimony relevant to the investigation.
must may be conducted only by the commissioner or the commissioner's representative. The company
and the department must be permitted to make closing statements and may be represented by counsel of their choice.
(5) (a) Upon the adoption of the examination report under subsection (3)(a), the commissioner shall continue to hold the
content of the examination report as private and confidential information for a period of 30 days, except to the extent
provided in subsection (2). After 30 days, the commissioner
may shall open the report for public inspection as long as a
court of competent jurisdiction has not stayed its publication.
(b) This title does not prevent and may not be construed as prohibiting the commissioner from disclosing the content of
an examination report or preliminary examination report, the results of an examination, or any matter relating to a report or
results to the insurance department of this state or of any other state or country, to law enforcement officials of this state or
of any other state, or to an agency of the federal government at any time as long as the agency or office receiving the report
or matters relating to the report agrees in writing to hold it
confidential and in a manner consistent with this part.
(c) If the commissioner determines that regulatory action is appropriate as a result of
any an examination, the
commissioner may initiate any proceedings or actions as provided by law.
(6) All working papers,
recorded information, documents, and copies produced by, confidential criminal justice
information, as defined in 44-5-103, personal information protected by an individual privacy interest, and trade secrets, as
defined in 30-14-402, specifically identified and for which there are reasonable grounds of privilege asserted by the party
claiming the privilege obtained by , or disclosed to the commissioner or any other person in the course of an examination
made under this part must be given confidential treatment, are not subject to subpoena, and may not be made public by the
commissioner or any other person, except to the extent provided in subsection (5). Access may also be granted to the NAIC.
The persons given access to confidential criminal justice information, trade secrets, and personal information shall agree in
writing, prior to receiving the information, to treat the information in the confidential manner required by this section unless
the prior written consent of the company to which it pertains has been obtained."
Section 7. Section 33-2-1116, MCA, is amended to read:
"33-2-1116. Confidentiality of information. All
information, documents, and copies thereof confidential criminal
justice information, as defined in 44-5-103, personal information protected by an individual privacy interest, and trade
secrets, as defined in 30-14-402, specifically identified and for which there are reasonable grounds of privilege asserted by
the party claiming the privilege obtained by or disclosed to the commissioner or any other person in the course of an
examination or investigation made pursuant to 33-2-1115 and all information reported pursuant to 33-2-1111 and
33-2-1112 containing confidential criminal justice information, trade secrets, or personal information shall must be given
confidential treatment, and shall may not be subject to subpoena, and shall may not be made public by the commissioner or
any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it
pertains unless the commissioner, after giving the insurer and its affiliates who would be affected thereby notice and
opportunity to be heard, determines that the interests of policyholders, shareholders, or the public will be served by the
publication thereof of the trade secrets or personal information, in which event he the commissioner may publish all or any
part thereof of the trade secrets or personal information in such a manner as he may deem that the commissioner considers
Section 8. Section 33-2-1701, MCA, is amended to read:
"33-2-1701. Licensure of reinsurance intermediaries. (1) A person, firm, association, or corporation may not act as a reinsurance intermediary-broker in this state if the reinsurance intermediary-broker maintains an office directly, as a member or employee of a firm or association, or as an officer, director, or employee of a corporation:
(a) in this state, unless the reinsurance intermediary-broker is a licensed producer in this state; or
(b) in another state, unless the reinsurance intermediary-broker is a licensed producer in this state or another state that has a law substantially similar to this law or unless the reinsurance intermediary-broker is licensed in this state as a nonresident reinsurance intermediary.
(2) A person, firm, association, or corporation may not act as a reinsurance intermediary-manager:
(a) for a reinsurer domiciled in this state, unless the reinsurance intermediary-manager is a licensed producer in this state;
(b) in this state, if the reinsurance intermediary-manager maintains an office either directly or as a member or employee of a firm or association or as an officer, director, or employee of a corporation in this state, unless the reinsurance intermediary-manager is a licensed producer in this state; or
(c) in another state for a nondomestic insurer, unless the reinsurance intermediary-manager is a licensed producer in this state or another state that has a law substantially similar to this law or unless the person is licensed in this state as a nonresident insurance intermediary.
(3) Subject to subsection (2), the commissioner may require a reinsurance intermediary-manager to:
(a) file a bond in an amount from an insurer acceptable to the commissioner for the protection of the reinsurer; and
(b) maintain a policy on errors and omissions in an amount acceptable to the commissioner.
(4) (a) The commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation that has complied with the requirements of this part. A license issued to a firm or association authorizes all the members of the firm or association and any designated employees to act as reinsurance intermediaries under the license. All authorized persons must be named in the application and in any supplements to the application. A license issued to a corporation must authorize all of the officers and any designated employees and directors to act as reinsurance intermediaries on behalf of the corporation. All authorized persons must be named in the application and in any supplements to the application.
(b) If the applicant for a reinsurance intermediary license is a nonresident, the applicant, as a condition precedent to receiving or holding a license, shall designate the commissioner as the agent for service of process in the manner provided for by this title for designation of service of process upon unauthorized insurers. The applicant shall also furnish the commissioner with the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting the nonresident reinsurance intermediary may be served. The licensee shall promptly notify the commissioner in writing of each change in its designated agent for service of process, and the change may not become effective until acknowledged by the commissioner.
(5) (a) The commissioner may refuse to issue a reinsurance intermediary license if, in the commissioner's judgment:
(i) the applicant, a person named on the application, or a member, principal, officer, or director of the applicant is not trustworthy;
(ii) a controlling person of the applicant is not trustworthy to act as a reinsurance intermediary; or
(iii) any of the persons listed in subsection (5)(a)(i) or (5)(a)(ii) has given cause for revocation or suspension of the license or has failed to comply with any prerequisite for the issuance of the license.
(b) Upon written request, the commissioner shall furnish a summary of the basis for refusal to issue a license.
document is privileged and is not subject to public disclosure under Title 2, chapter 6, part 1.
(6) Licensed attorneys of this state, when acting in their professional capacity, are exempt from this section."
Section 9. Section 33-16-205, MCA, is amended to read:
"33-16-205. Noncompliance of rates -- notice. If, after examination of an insurer, rating organization, advisory
organization, or group, association, or other organization of insurers
which that engages in joint underwriting or joint
reinsurance or upon the basis of other information or upon sufficient complaint as provided in 33-16-204, the commissioner
has good cause to believe that such the insurer, organization, group, or association or any rate, rating plan, or rating system
made or used by any such the insurer or rating organization does not comply with the requirements and standards of this
chapter applicable to it, he the commissioner shall, unless he the commissioner has good cause to believe such that the
noncompliance is willful, give notice, in writing, to such the insurer, organization, group, or association stating therein in
what manner and to what extent such the noncompliance is alleged to exist and specifying therein a reasonable time, not
less than 10 days thereafter after receipt, in which such the noncompliance may be corrected. Notices under this section
shall be confidential as between the commissioner and the parties unless a hearing is held under 33-16-206."
Section 10. Section 33-20-1310, MCA, is amended to read:
"33-20-1310. Examination of business and practices of licensee or applicant -- maintenance of business records.
(1) The commissioner may examine the business and practices of any licensee or applicant for a license when the
commissioner determines an examination to be necessary. The commissioner may order a licensee or applicant to produce
any records, books, files, or other information reasonably necessary to ascertain whether the licensee or applicant is acting
or has acted in violation of the law or contrary to the interests of the public. The licensee or applicant shall pay the expenses
incurred in conducting
any an examination.
(2) A viatical settlement provider shall maintain records of all transactions of viatical settlement contracts of the viatical settlement provider and shall make the records available to the commissioner for inspection during reasonable business hours. The records must be maintained for a period of not less than 5 years from the date of their creation.
(3) The commissioner may at any time require a licensee to fully disclose the identity of all stockholders, partners, officers, and employees.
(4) The names of and individual identification data for all policyholders and certificate holders who have entered
viatical settlement contracts with viatical settlement providers are confidential and may not be disclosed except
considered necessary by the commissioner in administration of this part in cases in which the commissioner determines that
the merits of public disclosure exceed the demands of individual privacy."
Section 11. Section 44-4-203, MCA, is amended to read:
"44-4-203. Registration records. (1) The registration records of each vehicle
so registered shall must be maintained by
the department of justice.
(2) The contents of
such confidential registration records may be disclosed only at the discretion of the attorney general
when there is a legitimate law enforcement purpose for disclosure."
Section 12. Section 44-5-301, MCA, is amended to read:
"44-5-301. Dissemination of public criminal justice information. (1) There are no restrictions on the dissemination
of public criminal justice information
except. for the following: (a) Whenever a record or index is compiled by name or universal identifier from a manual or automated system, only
information about convictions, deferred prosecutions, or deferred sentences is available to the public. (b) Whenever the conviction record reflects only misdemeanors or deferred prosecutions and whenever there are no
convictions except for traffic, regulatory, or fish and game offenses for a period of 5 years from the date of the last
conviction, no record or index may be disseminated pursuant to subsection (1)(a). However, the original documents are
available to the public from the originating criminal justice agency.
(2) All public criminal justice information is available from the department or the agency that is the source of the
original documents and that is authorized to maintain the documents according to applicable law. These documents
must be open, subject to the restrictions in this section, during the normal business hours of the agency. A reasonable
charge may be made by a criminal justice agency for providing a copy of public criminal justice information."
Section 13. Section 50-15-121, MCA, is amended to read:
"50-15-121. Copies from system of vital statistics. (1) Except as provided in subsections
(4), (6) , and (7), the
department and county clerk and recorders shall, upon receipt of an application, issue a certified copy or copies of a vital
record or a part of a vital record to the registrant, the registrant's spouse, children, parents, or guardian, or an authorized
representative. Other individuals may obtain certified copies when the individual demonstrates that the record is needed for
the determination or protection of the individual's personal or property rights. The department shall adopt rules to further
define those who may obtain copies of vital records filed under this chapter.
(2) All applications, forms, and procedures used in the issuance of certified copies of vital records in the state must be uniform and prepared or approved by the department. All certified copies must contain security features that deter the document from being altered, counterfeited, duplicated, or simulated without ready detection that there have been these changes to the document.
(3) Each copy issued must show the date of filing. Copies issued from amended records must be marked and must show the effective date of the amendment. Copies issued from delayed records must be marked, must include the date of filing, and must contain a statement of the evidence used to establish the delayed certificate. A copy issued of a certificate of foreign birth must indicate the fact of foreign birth and the date of birth (if known), must show the actual place of birth, and must state that the certificate is not proof of United States citizenship for the adoptive child.
(4) A certified copy or other copy of a death certificate
containing information or data that would identify any person or
institution named in a certificate or report and the cause of death information may not be issued, except as follows: (a) upon specific request of the spouse, children, parents, or other next of kin of the decedent or their respective
authorized representatives, as specified by department rule; (b) when a documented need for the cause of death to establish a legal right or claim has been demonstrated, as
specified by department rule; (c) when the request for the copy is made by or on behalf of a person or entity that provides monetary benefits to the
decedent's survivors or beneficiaries, as may be specified by department rule; (d) upon specific request by federal, state, or local agencies for research or administrative purposes and when approved
for release by the department; (e) when needed for research activities and approved for release by the department; or (f) upon receipt by the department of an order directed to the department from a court of competent jurisdiction ordering
the release must be issued upon request of any person.
(5) A certified copy of a vital record or any part of a vital record, issued in accordance with subsections (1) through (3), must be considered for all purposes the same as the original. The admissibility of a certificate or vital record filed more than 1 year after the event or after a corrective record is filed, of a vital record that has been amended, or of a certificate of foreign birth must be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.
(6) This section may not be construed to permit disclosure of confidential information contained in a birth certificate for medical or health use or of information for statistical purposes only contained in a certificate of marriage or report of dissolution of marriage unless disclosure is specifically authorized by law for statistical or research purposes or unless ordered by a court.
(7) (a) When the department receives information that a certificate may have been registered through fraud or misrepresentation, it shall withhold issuance of the certificate or any copy of that certificate pending issuance of an order after an administrative contested case hearing before the department to determine whether fraud or misrepresentation has occurred.
(b) The hearing provided for in subsection (7)(a) must be conducted pursuant to the Montana Administrative Procedure Act. In the proceeding, the department shall notify the registrant or the registrant's authorized representative and provide the registrant or the representative the opportunity to be heard.
(c) If, upon conclusion of the hearing, fraud or misrepresentation is not found, the department may issue the certificate or copies of the certificate in question.
(d) If, upon conclusion of the hearing, fraud or misrepresentation is found, the department may not register the certificate unless ordered to do so by a court.
(e) An affected person may appeal the department's decision to the district court as provided in Title 2, chapter 4, part 7.
(8) A person may not prepare or issue any certificate that purports to be an original or certified copy, except as authorized in this chapter or rules adopted to implement this chapter.
(9) The department may, by rule, prescribe details for the hearing and appellate procedures contained in this section."
Section 14. Section 50-15-122, MCA, is amended to read:
"50-15-122. Disclosure of information from vital records or vital reports -- rules. (1) It is the policy of the state to protect the integrity of vital records and vital reports, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics. In furtherance of the policy, it is unlawful for any person to permit inspection of or to disclose information contained in vital records or in vital reports or to copy or issue a copy of all or a part of a record or report unless authorized by this chapter, by administrative rule, or by order of a court of competent jurisdiction. Rules adopted under this chapter must provide for adequate standards of security and confidentiality of vital records.
(2) The execution of a research agreement that protects the confidentiality of the information provided to a researcher in
response to a written request is required for disclosure of information that may identify a person or institution named in
a vital record or report. This agreement must be made in compliance with this chapter or rules adopted to implement this
chapter. Each agreement must prohibit the release by the researcher of any information that might identify a person or
institution, other than releases that may be provided for in the agreement.
(3) This section does not prohibit the release of information or data that does not identify a person or institution named in a vital record or report.
(4) A challenge to a decision of a custodian of vital records to refuse disclosing information from records, as prescribed by this section and rules issued to implement this section, must be made before the department in the case of a county clerk and recorder and to a district court in the case of the department. A challenge before the department must be in the form of a contested case pursuant to the Montana Administrative Procedure Act. An appeal of the department's decision to district court must be made by filing an original action pursuant to the Montana Rules of Civil Procedure.
(5) Immediately upon the filing of a record with the department, the fact that a birth or death has occurred or a record of
marriage or dissolution of marriage may be released to the public without restriction. Notwithstanding the restrictions
provided in 50-15-121, complete birth
or death records may be released to the public 30 years after the date of birth or
death. The department shall adopt rules that provide for the continued safekeeping of the records.
(6) The department may provide the national center for health statistics or a successor agency with copies of records, reports, or data from the system of vital statistics that are required for national statistics. The department shall enter into an agreement with the center, indicating the scope of disclosure of information, as required by this chapter or rules implementing this chapter, concerning the use of records, reports, or data for statistical or research purposes. The agreement must set forth the financial support to be provided by the center for the collection, processing, and transmission of the records, reports, or data. Upon written request of the center, the department may approve, by amendment to the agreement, additional statistical or research uses of the records, reports, or data supplied under the agreement.
(7) Federal, state, and local governmental agencies may, subject to this chapter and rules implementing this chapter, upon request, be furnished copies of records or data from the system of vital statistics if the copies or data is used solely in the conduct of the agency's official duties. The department shall, upon request by a licensed adoption agency, provide a birth certificate and related records for purposes of adoption, termination of parental rights, custody actions, paternity actions, child support actions, social security eligibility determinations, or Indian tribal enrollment determinations.
(8) Subject to this chapter and rules implementing this chapter, the department may, by agreement, transmit copies of records and other reports required to be compiled by this chapter to offices of vital statistics outside this state when the records or reports concern residents of those jurisdictions or persons born in those jurisdictions. The agreement must specify the statistical and administrative purposes for which the records may be used, and the agreement must provide instructions concerning proper retention, confidentiality requirements, and disposition of the copies. Copies received by the department from offices of vital statistics in other states must be handled as provided for in this subsection."
Section 15. Section 61-3-101, MCA, is amended to read:
"61-3-101. Duties of department -- records. (1) The department shall keep a record, as specified in this section, of all motor vehicles, trailers, and semitrailers of every kind, of certificates of registration and ownership of those vehicles, and of all manufacturers and dealers in motor vehicles.
(2) The record must show the following:
(a) the name of the owner, the residence address by street or rural route, town, and county, and the mailing address if
than from the residence address;
(b) the name and address of the conditional sales vendor, mortgagee, or other lienholder and the amount due under contract or lien;
(c) the manufacturer of the vehicle;
(d) the manufacturer's designation of the style of the vehicle;
(e) the identifying number;
(f) the year of manufacture;
(g) the character of the motive power and the shipping weight of the vehicle as shown by the manufacturer;
(h) the distinctive license number assigned to the vehicle, if any;
(i) if a truck or trailer, the number of tons' capacity or GVW if imprinted on the manufacturer's identification plate;
(j) except as provided in 61-3-103, the name and complete address of any holder of a perfected security interest in the vehicle; and
(k) other information that may from time to time be found desirable.
(3) The department shall file applications for registration received by it from county treasurers and register the vehicles and the vehicle owners as follows:
(a) under the distinctive license number assigned to the vehicle by the county treasurer;
(b) alphabetically under the name of the owner;
(c) numerically under make and identifying number of the vehicle; and
(d) another index of registration as the department considers expedient.
(4) The department shall determine the amount of motor vehicle taxes and fees to be collected at the time of registration for each light vehicle subject to tax under 61-3-503 and for each bus, truck having a manufacturer's rated capacity of more than 1 ton, and truck tractor subject to a fee in lieu of tax under 61-3-528 and 61-3-529. The county treasurer shall collect the taxes and fees on each motor vehicle at the time of its registration.
(5) Vehicle registration records and indexes and driver's license records and indexes may be maintained by electronic recording and storage media.
(6) In the case of dealers, the records must show the information contained in the application for a dealer's license as required by 61-4-101 through 61-4-105, as well as the distinctive license number assigned to the dealer.
(7) In order to prevent an accumulation of unneeded records and files, regardless of any other statutory requirements, the department may destroy all records and files that relate to vehicles that have not been registered within the preceding 4 years and that do not have an active lien.
(8) All records must be open to inspection during reasonable business hours, and the department shall furnish any
information from the records upon payment by the applicant of the cost of the information requested. Prior to providing the
information, the department may require the applicant to provide identification. However, the department may, by rule,
reasonably restrict disclosure of information on an owner
or the owner's vehicle if the owner has requested in writing that
the department not disclose the information or if the demands of individual privacy clearly exceed the merits of public
Section 16. Section 61-11-105, MCA, is amended to read:
"61-11-105. Release of information -- fees. (1) Except as provided in subsection (2), the department shall, upon
and with the licensee's approval, furnish a person the individual Montana driving record of a licensee, showing the
following: (a) licensee identification data, which may not include the individual's residence address, or information provided
through means of an electronic tracking device; (b)(a) driver's license status and expiration date; (c)(b) convictions of the licensee; and (d)(c) traffic accidents in which the licensee was involved.
(2) Unless the merits of public disclosure exceed the demands of individual privacy, a driving record of a licensee released under subsection (1) may not disclose an individual's address, social security number, photograph, medical or disability information, or information provided through means of a tracking device.
(2)(3) Information relating to a traffic accident that did not involve a conviction, as defined in 61-11-203, may not be
released by the department unless the release is requested or approved by a party involved in the accident or is required by
court order or a duly executed subpoena. The department shall, upon request, furnish a criminal justice agency or any
person or firm having a legitimate purpose as determined by the department with the individual Montana driving record of a
licensee showing the items listed in subsections (1)(a) through (1)(d). (3)(4) A fee of $4 must be paid for each individual Montana driving record requested. A fee of $10 must be paid if a
certified Montana record, as provided in 61-11-102(6), is requested. All driving records must be provided without charge to
any criminal justice agency, as defined in 44-5-103, or other state or federal agency."
Section 17. Section 81-23-302, MCA, is amended to read:
"81-23-302. Establishment of minimum prices. (1) The board shall fix minimum producer prices for class I, class II, and class III milk by adopting rules in a manner prescribed by the Montana Administrative Procedure Act.
(2) The board shall establish prices by means of flexible formulas that must be devised so that they bring about automatic changes in all minimum prices that are justified on the basis of changes in production, supply, processing, distribution, and retailing costs.
(3) The board shall consider the balance between production and consumption of milk, the costs of production and distribution, and prices in adjacent and neighboring areas and states so that minimum prices that are fair and equitable to producers and consumers may result.
(4) The board shall, when publishing notice of proposed rulemaking under authority of this section, set forth the specific factors that must be taken into consideration in establishing the formulas and, in particular, in determining costs of production and of the actual dollars and cents costs of production that preliminary studies and investigations of auditors or accountants in its employment indicate will or should be shown at the hearing so that all interested parties will have opportunity to be heard and to question or rebut the considerations as a matter of record.
(5) Specific factors may include but are not limited to the following items:
(a) current and prospective supplies of milk in relation to current and prospective demands for milk for all purposes;
(b) the cost factors in producing milk, which must include among other things the prices paid by farmers generally, as used in parity calculations of the United States department of agriculture, prices paid by farmers for dairy feed in particular, and farm wage rates in this state;
(c) the alternative opportunities, both farm and nonfarm, open to milk producers, which must include among other things the prices received by farmers for all products other than milk, the prices received by farmers for beef cattle, and the percentage of unemployment in the state and nation as determined by appropriate state and federal agencies;
(d) the prices of butter, nonfat dry milk, and cheese;
(e) the need, if any, for freight or transportation charges to be deducted by distributors from producer prices for bulk milk.
(6) If the board at any time proposes to base all or part of an official order establishing or revising milk pricing formulas upon facts within its own knowledge, as distinguished from evidence that may be presented to it by the consuming public or the milk industry, the board shall, when publishing notice of proposed rulemaking under authority of this section, notify the consuming public and the milk industry of the specific facts within its own knowledge that it will consider, so that all interested parties will have opportunity to be heard and to question or rebut the facts as a matter of record.
(7) The board, after consideration of the evidence produced, shall make written findings and conclusions and shall fix by official rule the formula under which minimum producer prices for milk in classes I, II, and III must be computed.
(8) This section may not be construed as requiring the board to promulgate a specific number of formulas, but it must be construed liberally so that the board may adopt a reasonable method of expression to accomplish the objective set forth in subsection (7).
(9) Each rule establishing or revising milk pricing formulas must classify milk by forms, classes, grades, or uses as the board considers advisable and must specify the minimum prices for the forms, classes, grades, and uses.
(10) Distributors who have processing facilities in this state shall, whenever possible, purchase milk from Montana producers for the processing of products to be sold in this state, provided that milk is available from Montana producers at the price set by the board.
(11) The board shall adopt rules after notice and hearing in the manner prescribed by the Montana Administrative Procedure Act to regulate transportation rates that distributors, contract haulers, and others charge producers for interplant transportation of milk. An allowance for transportation of milk between plants may not be permitted unless it is found by the board to be necessary to permit the movement of milk in the public interest. The board may promulgate rules regarding the requirement for first call on Montana milk supplies, as provided in subsection (10). Rules must be coordinated with those adopted pursuant to fair trade practices under 81-23-303.
(12) All milk purchased by a distributor must be purchased on a uniform basis. The basis to be used must be established by the board after the producers and the distributors have been consulted.
(13) The board may amend an official rule in the same manner provided in this section for the original establishment of milk pricing formulas. The board may in its discretion, when it determines that the need exists, give notice of and hold statewide public hearings affecting establishment or revision of milk pricing formulas.
(14) Upon petition of a distributor or a majority of a distributor's producers, the board shall hold a hearing to receive and consider evidence regarding the advisability and need for a base or quota plan as a method of payment by that distributor of producer prices. If the board finds that the evidence presented at the hearing warrants the establishment of a base or quota plan, the board shall proceed by official order to establish the base or quota plan.
(15) (a) Upon petition by 10% or 20 of the licensed producers in Montana, whichever is less, or upon petition by a
licensed producer-distributor or distributor, the board shall hold a hearing to receive and consider evidence regarding the
advisability and need for a statewide pooling arrangement as a method of payment of producer prices, provided that at the
hearing, the board shall, among other things, specifically receive and consider evidence concerning production and
marketing practices that have historically prevailed statewide. If the board finds that the evidence presented at the hearing
warrants the establishment of a statewide pooling arrangement, the board shall proceed by official order to establish the
arrangement. An official order is not effective until it is approved in a referendum conducted by the board by mail
secret ballot among affected producers, producer-distributors, and distributors. The board shall keep confidential the vote of
each producer, producer-distributor, and distributor voting in the referendum. The official order must be approved by a
majority of the producers, producer-distributors, and distributors voting, representing more than 50% of the milk produced
in Montana that is to be included in the proposed pool, based on each producer's average monthly production for the 12
months immediately preceding the referendum. If the board finds it necessary, the board may conduct more than one
referendum on any order.
(b) The order of the board establishing the statewide pooling arrangement may include other provisions that the board considers necessary for the proper and efficient operation of the pool. These provisions may include but are not limited to:
(i) a statewide base or quota plan contemplated in subsection (14);
(ii) the establishment of a pool settlement fund to be administered by the department for the purpose of receiving payments from pool distributors or making payments to them as necessary in order to operate and administer the statewide pool; and
(iii) the establishment of a pool expense fund for the purpose of offsetting the costs to the department of administering the pool, funded by a special levy assessed against each pool producer.
(c) During the initial startup of a statewide pool, the department may draw from existing cash reserves to fund a pool settlement fund and a pool expense fund, but withdrawals from the cash reserve must be reimbursed.
(d) An order of the board establishing a statewide pooling arrangement that has been approved in a referendum may be rescinded in the same manner as provided for approval of the order under subsection (15)(a). The order may be amended without a referendum if, prior to amending the order, the board gives written notice of its intended action and holds a public hearing as required under the Montana Administrative Procedure Act.
(16) The requirements of this section concerning notices of hearings for the establishment of milk pricing formulas apply to any hearings regarding base or quota plans or statewide pooling arrangements or abandonment of base or quota plans or statewide pooling arrangements.
(17) Rules adopted pursuant to this section must be enforced and audited for compliance by the department."
- END -
Latest Version of SB 82 (SB0082.ENR)
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