SENATE BILL NO. 57
INTRODUCED BY D. HARRINGTON
BY REQUEST OF THE DEPARTMENT OF JUSTICE
A BILL FOR AN ACT ENTITLED: "AN ACT EXEMPTING THE DEPARTMENT OF JUSTICE FROM THE MONTANA INFORMATION TECHNOLOGY ACT; AND AMENDING SECTION 2-17-516, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 2-17-516, MCA, is amended to read:
"2-17-516. Exemptions -- university system -- office of public instruction -- national guard. (1) Unless the proposed activities would detrimentally affect the operation of the central computer center or the statewide telecommunications network, the office of public instruction is exempt from the provisions of 2-17-512(1)(k) and (1)(l).
(2) Unless the proposed activities would detrimentally affect the operation of the central computer center or the statewide telecommunications network, the university system is exempt from:
(a) the enforcement provisions of 2-17-512(1)(d) and (1)(e) and 2-17-514;
(b) the approval provisions of 2-17-512(1)(f), 2-17-523, and 2-17-527;
(c) the budget approval provisions of 2-17-512(1)(g);
(d) the provisions of 2-17-512(1)(k) and (1)(l); and
(e) the transfer provisions of 2-17-531.
(3) The department, upon notification of proposed activities by the university system or the office of public instruction, shall determine if the central computer center or the statewide telecommunications network would be detrimentally affected by the proposed activity.
(4) For purposes of this section, a proposed activity affects the operation of the central computer center or the statewide telecommunications network if it detrimentally affects the processing workload, reliability, cost of providing service, or support service requirements of the central computer center or the statewide telecommunications network.
(5) When reviewing proposed activities of the university system, the department shall consider and make reasonable allowances for the unique educational needs and characteristics and the welfare of the university system as determined by the board of regents.
(6) When reviewing proposed activities of the office of public instruction, the department shall consider and make reasonable allowances for the unique educational needs and characteristics of the office of public instruction to communicate and share data with school districts.
(7) Section 2-17-512(1)(u) may not be construed to prohibit the university system from accepting federal funds or gifts, grants, or donations related to information technology or telecommunications.
(8) The national guard, as defined in 10-1-101(3), is exempt from the provisions of 2-17-512.
(9) The department of justice, established in 2-15-2001, is exempt from the provisions of this part."
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Latest Version of SB 57 (SB0057.01)
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