****
68th Legislature 2023 SB 374.1
1 SENATE BILL NO. 374
2 INTRODUCED BY W. CURDY, J. ELLIS, E. BOLDMAN, J. GROSS, M. MARLER, L. BREWSTER, M.
3 YAKAWICH
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING PUBLIC RECORDS REQUIREMENTS
6 FOR LOCAL GOVERNMENTS; AUTHORIZING CERTAIN LOCAL GOVERNMENTS TO DISPOSE OF
7 RECORDS THAT HAVE REACHED THE END OF RETENTION ON AN APPROVED RETENTION
8 SCHEDULE WITHOUT THE APPROVAL OF THE LOCAL GOVERNMENT RECORDS DESTRUCTION
9 SUBCOMMITTEE; INCREASING THE AGE REQUIREMENT TO 50 YEARS FOR DOCUMENTS TO BE
10 OFFERED TO CERTAIN ENTITIES INTERESTED IN HISTORIC RECORDS; DECREASING THE PERIOD OF
11 TIME TO 30 DAYS THAT HISTORIC RECORDS MUST BE OFFERED TO CERTAIN ENTITIES PRIOR TO
12 DISPOSAL; AND AMENDING SECTIONS 2-6-1202, 2-6-1205, AND 7-5-4124, MCA.”
13
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
15
16 Section 1. Section 2-6-1202, MCA, is amended to read:
17 "2-6-1202. Local government records committee -- duties and responsibilities. The local
18 government records committee shall:
19 (1) approve, modify, or disapprove proposals for local government records retention and
20 disposition schedules;
21 (2) appoint a subcommittee, known as the local government records destruction subcommittee, to
22 handle requests for disposal of records that are not listed on an approved retention schedule. The
23 subcommittee consists of the state archivist, one of the local government records managers, and the
24 representative of the department of administration. Unless specifically authorized by statute or by the retention
25 and disposition schedule, a local government public record may not be destroyed or otherwise disposed of
26 without the unanimous approval of the subcommittee. When approval is required, a request for the disposal or
27 destruction of local government records must be submitted to the subcommittee by the entity concerned. If
28 there is not unanimous approval of the subcommittee, the issue of the disposition of a record must be referred
-1- Authorized Print Version – SB 374
****
68th Legislature 2023 SB 374.1
1 to the local government records committee for approval. When approval is obtained from the subcommittee or
2 from the local government records committee for the disposal of a record, the local government records
3 committee shall consider the inclusion of a new category of record for which a disposal request is not required
4 and shall update the schedule as necessary.
5 (3) establish a retention and disposition schedule for categories of records for which a disposal
6 request is not required. The local government records committee shall publish the retention and disposition
7 schedules. Updates to those schedules, if any, must be published at least annually.
8 (4) develop guidance for local governments to identify, maintain, and secure their essential
9 records;
10 (5) respond to requests for technical advice on matters relating to local government records; and
11 (6) provide leadership and coordination in matters affecting the records of multiple local
12 governments."
13
14 Section 2. Section 2-6-1205, MCA, is amended to read:
15 "2-6-1205. Disposal of local government public records prohibited prior to offering -- central
16 registry -- notification. (1) A local government public record that is more than 10 50 years old may not be
17 destroyed unless it is first offered to the Montana historical society, the state archives, Montana public and
18 private universities and colleges, local historical museums, local historical societies, Montana genealogical
19 groups, and the general public.
20 (2) The availability of a public record to be destroyed must be noticed to the entities listed in
21 subsection (1) at least 60 30 days prior to disposal.
22 (3) (a) Claimed records must be given to entities in the order of priority listed in subsection (1).
23 (b) All expenses for the removal of claimed records must be paid by the entity claiming the
24 records.
25 (c) The local government records committee shall establish procedures by which public records
26 must be offered and claimed pursuant to this section.
27 (d) The local government records committee shall develop and maintain a central registry of the
28 entities identified in subsection (1) who are interested in receiving notice of the potential destruction of public
-2- Authorized Print Version – SB 374
****
68th Legislature 2023 SB 374.1
1 records pursuant to this section. The registry must be constructed to allow a local government entity to notify
2 the local government records committee when the entity intends to destroy documents covered under this
3 section and allow the local government records committee to subsequently notify the entities in the registry. A
4 local government entity's notice to the local government records committee pursuant to this subsection (3)(d)
5 and the records committee's notice to the entities listed on the registry fulfill the notification requirements of this
6 section."
7
8 Section 3. Section 7-5-4124, MCA, is amended to read:
9 "7-5-4124. Destruction of municipal records. (1) Upon Except as provided in subsection (2), on the
10 order of the city or town council or commission and with the written approval of the local government records
11 destruction subcommittee provided for in 2-6-1202, a city or town officer may destroy records that have met the
12 retention period, as contained in the local government records retention and disposition schedules, and that are
13 no longer needed by the office.
14 (2) If the city or town council or commission has adopted a retention schedule that has been
15 approved by the local government records committee, a city or town officer may destroy records that have met
16 the retention period without the written approval of the local government records destruction subcommittee."
17 - END -
-3- Authorized Print Version – SB 374


Statutes affected:
SB0374_1.pdf: 2-6-1202, 2-6-1205, 7-5-4124
SB0374_2.pdf: 2-6-1202, 2-6-1205, 7-5-4124
Amended: 2-6-1202, 2-6-1205, 7-5-4124
Introduced: 2-6-1202, 2-6-1205, 7-5-4124