Senate Bill No. 239
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act defining "bank records" and "electronic storage"; requiring that certain electronically stored information be treated as an original record; and amending section
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 32-1-492, MCA, is amended to read:
"32-1-492. Definitions --
Reproduction reproduction of bank records -- admissibility in evidence. (1) (a) For the
purposes of this section, "bank records" includes any document, paper, letter, book, map, photograph, sound or video
recording, magnetic tape, electronic-storage medium, or other information- recording medium used in a bank's normal
course of business.
(b) (i) For the purposes of this section, "electronic storage" means the recording, storage, retention, maintenance, and reproduction of documents using microfilm, microfiche, data processing, computers, or other electronic process that correctly and legibly stores and reproduces documents.
(ii) A photographic, photostatic, miniature photographic copy, or reproduction of any kind, including electronic or computer-generated data that has been electronically stored and is capable of being converted into written form, must be considered an original record for all purposes and must be treated as an original record in all courts and administrative agencies for the purposes of admissibility in evidence.
(iii) A facsimile, exemplification, or certified copy of any reproduction referred to in subsection (1)(b)(ii) must, for all purposes, be considered a facsimile, exemplification, or certified copy of the original record.
(1)(2) Banks are hereby authorized to make, at any time, photographic or photostatic copies or microfilm reproductions of
any records or documents, including photographic enlargements and prints of microfilms, and to preserve, store, use, and
employ the same be preserved, stored, used, and employed in carrying on business. (2)(3) In any action or proceedings in which any bank records may be called in question or be demanded of any bank or
any officer or employee thereof of the bank, a showing that such the records have been destroyed in the regular course of
business shall be is a sufficient excuse for the failure to produce them the records. (3)(4) Upon such the showing required in subsection (3), secondary evidence of the form, text, and contents of the original
records, including photostatic, photographic, or microfilm reproductions, thereof (and photographic enlargements, and
prints of microfilm reproductions ), when made in the regular course of business, shall be is admissible in evidence in any
court of competent jurisdiction or in any administrative proceeding. (4)(5) Any photostatic, photographic, or microfilm reproductions, (including enlargements of the latter) microfilm
reproductions, made in the regular course of business of any original files, records, books, cards, tickets, deposit slips, or
memoranda which that were in existence on July 1, 1951, shall be are admissible in evidence in as proof of the form, text,
and content of any said the originals which that may be destroyed in the regular course of business after July 1, 1951."