Montana Code Annotated 2013

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     2-6-401. Definitions. For the purposes of this part, the following definitions apply:
     (1) "Local government" means:
     (a) any city, town, county, consolidated city-county, or school district; and
     (b) any subdivision of an entity named in subsection (1)(a).
     (2) (a) "Public records" includes:
     (i) any paper, correspondence, form, book, photograph, microfilm, magnetic tape, computer storage media, map, drawing, or other document, including copies of the record required by law to be kept as part of the official record, regardless of physical form or characteristics, that:
     (A) has been made or received by any local government to document the transaction of official business;
     (B) is a public writing of the local government pursuant to 2-6-101(2)(a); and
     (C) is designated for retention by the local government records committee established in 2-6-402; and
     (ii) all other records or documents required by law to be filed with or kept by any local government in the state of Montana, except military discharge certificates filed under 7-4-2614.
     (b) The term includes electronic mail sent or received in connection with the transaction of official duties.
     (c) The term does not include any paper, correspondence, form, book, photograph, microfilm, magnetic tape, computer storage media, map, drawing, or other type of document that is for reference purposes only, a preliminary draft, a telephone messaging slip, a routing slip, part of a stock of publications or of preprinted forms, or a superseded publication.
     (3) "Records custodian" means any individual responsible for the proper filing, storage, or safekeeping of any public records.

     History: En. Sec. 1, Ch. 420, L. 1993; amd. Sec. 7, Ch. 77, L. 2001; amd. Sec. 5, Ch. 30, L. 2003; amd. Sec. 1, Ch. 116, L. 2003.

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