2001 Montana Legislature

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SENATE BILL NO. 443

INTRODUCED BY E. BUTCHER, BISHOP, BOHLINGER, DEPRATU, EKEGREN, ELLINGSON, GLASER, HARGROVE, KEENAN, F. THOMAS, TOOLE, J. WELLS

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AN ACT REQUIRING THAT LOCAL GOVERNMENT PUBLIC RECORDS BE OFFERED TO CERTAIN ENTITIES AND TO THE GENERAL PUBLIC BEFORE BEING DESTROYED; EXPANDING THE MEMBERSHIP OF THE LOCAL GOVERNMENT RECORDS COMMITTEE; AND AMENDING SECTION 2-6-402, MCA.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Destruction of local government public records prohibited prior to offering -- central registry -- notification. (1) A local government public record more than 10-years old may not be destroyed without it first being 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.

     (2) The availability of a public record to be destroyed must be noticed to the entities listed in subsection (1) at least 180 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, provided for in 2-6-402, 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 that allows 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 and the record committee's notice to the entities listed on the registry fulfills the notification requirements of this section.



     Section 2.  Section 2-6-402, MCA, is amended to read:

     "2-6-402.  Local government records committee -- creation. (1) There is a local government records committee.

     (2)  The committee consists of the following seven eight members:

     (a)  the state archivist;

     (b)  the state records manager;

     (c)  a representative of the department of commerce;

     (d)  two local records custodians, appointed by the director of the Montana historical society; and

     (e)  two additional local records custodians, appointed by the secretary of state; and

     (f) a citizen representing the Montana state genealogical society, appointed by the secretary of state, who shall serve as a volunteer.

     (3)  Committee members subject to appointment shall hold office for a period of 2 years beginning on January 1 of the year following their appointment.

     (4)  Any vacancies must be filled in the same manner that they were filled originally.

     (5)  The committee shall elect a presiding officer and a vice presiding officer.

     (6)  The committee shall meet twice a year upon the call of the secretary of state or the presiding officer.

     (7)  Members Except as provided in subsection (2)(f), members of the committee not serving as part of their compensated government employment must be compensated in accordance with 2-18-501 through 2-18-503 for each day in committee attendance. Members who serve as part of their compensated government employment may not receive additional compensation, but the employing governmental entity shall furnish, in accordance with the prevailing per diem rates, a reasonable allowance for travel and other expenses incurred in attending committee meetings."



     Section 3.  Codification instruction.

      [Section 1] is intended to be codified as an integral part of Title 2, chapter 6, part 4, and the provisions of Title 2, chapter 6, part 4, apply to [section 1].

- END -




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