Montana Code Annotated 2023



Part 5. Montana Driver Privacy Protection Act

Prerequisites To Disclosure

61-11-510. Prerequisites to disclosure. (1) Prior to the disclosure of personal information or highly restricted personal information, as provided in 61-11-507, 61-11-508, or 61-11-509, the department shall require the requester to complete and submit an application, in a form prescribed by the department, identifying the requester and specifying the statutorily recognized uses for which the personal information or highly restricted personal information is being sought.

(2) The department shall require the requester to provide identification acceptable to the department.

(3) (a) The department shall collect the appropriate fees paid by the requester and shall determine the amount of the fees in accordance with 61-3-101, 61-11-105, and this subsection (3), and as appropriate, in accordance with the terms of a contract between the department and the requester.

(b) The department shall ensure that fees established by policy or contract:

(i) recover the department's cost and expenses as provided in 2-6-1006 and 61-3-101;

(ii) include an additional amount necessary to compensate the department for costs associated with developing and maintaining the database from which information is requested; and

(iii) incorporate, when applicable, the convenience fee established under 2-17-1103.

(c) Except as provided in 61-11-105(5)(b) and subsection (3)(d) of this section, the department shall charge a fee to any person, including a representative of a federal, state, or local government entity or member of the news media who requests information under this section.

(d) The department may not charge a fee for information requested by the governor's office of budget and program planning, the Montana tax appeal board, the department of revenue, any legislative branch agency or committee, or any criminal justice agency, as defined in 44-5-103.

History: En. Sec. 8, Ch. 363, L. 2001; amd. Sec. 6, Ch. 533, L. 2003; amd. Sec. 57, Ch. 348, L. 2015; amd. Sec. 47, Ch. 142, L. 2021; amd. Sec. 2, Ch. 627, L. 2023.