Mont. Code Ann. § 22-1-413 — MT Code / Title 22 / Chapter 1 / Part 4 / Section 22-1-413
22-1-413 Administration by Montana state library commission
Status: in_force

22-1-413 . Administration by Montana state library commission. The Montana state library commission must receive and shall administer the appropriation for state funding to public library federations. The commission shall allocate the appropriation among grant programs and shall allocate funds among federations according to formulas for distribution as the commission establishes in rules adopted pursuant to 22-1-103 . Federations receiving state funds from the commission shall submit annual plans for the expenditure of state funds and report annually to the commission concerning the progress of the various projects for which state funding was received. The reports must contain an accounting for all state funds received.
Mont. Code Ann. § 22-3-203 — MT Code / Title 22 / Chapter 3 / Part 2 / Section 22-3-203
22-3-203 Preservation of noncurrent records of permanent value
Status: in_force

22-3-203 . Preservation of noncurrent records of permanent value. The state archivist shall preserve noncurrent records of permanent value to the state and is responsible for the ultimate preservation of local government records of permanent value. Upon request, the archivist shall assist and advise in the establishment of records management programs in the executive, legislative, and judicial branches of state government and in local governments, with due regard to the functions of the officers and agencies involved.
Mont. Code Ann. § 22-3-116 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-116
22-3-116 Montana historical society membership special revenue account -- use -- statutory appropriation
Status: in_force

22-3-116 . Montana historical society membership special revenue account -- use -- statutory appropriation. (1) There is a Montana historical society membership account in the state special revenue fund established in 17-2-102 .

(2) There must be paid into the account money received from the purchases of memberships to the Montana historical society.

(3) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the Montana historical society and may not be used for any purposes other than the improvement, development, and operation of the society.
Mont. Code Ann. § 22-3-212 — MT Code / Title 22 / Chapter 3 / Part 2 / Section 22-3-212
22-3-212 Funding
Status: in_force

22-3-212 . Funding. The historic records network shall operate within the budgets of the historical society and the university system.
Mont. Code Ann. § 22-3-602 — MT Code / Title 22 / Chapter 3 / Part 6 / Section 22-3-602
22-3-602 Purpose
Status: in_force

22-3-602 . Purpose. The purposes of this part are to:

(1) encourage the restoration, preservation, and maintenance of historic sites and buildings owned by the state of Montana;

(2) encourage the participation of Montana citizens and groups in the local management, on a nonprofit basis, of historic sites and buildings through the donation of time, materials, and resources toward the restoration and preservation of these properties;

(3) remove unnecessary barriers to the efficient and cost-effective management of historic sites and buildings by qualified and responsible local nonprofit corporations as contracted managers; and

(4) retain state ownership of historic sites and buildings and state control over decisions concerning their historic integrity and preservation so that the citizens of the state may realize the greatest benefits available from each property.
Mont. Code Ann. § 22-3-442 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-442
22-3-442 Criminal penalty
Status: in_force

22-3-442 . Criminal penalty. A person violating any provision of 22-3-432 , 22-3-435 , or 22-3-441 is guilty of a misdemeanor and upon conviction shall be fined not more than $1,000 or be imprisoned in the county jail for not more than 6 months, or both. Each day of continued violation of any provision of 22-3-432 , 22-3-435 , or 22-3-441 constitutes a distinct and separate offense.
Mont. Code Ann. § 22-3-422 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-422
22-3-422 Duties of preservation review board
Status: in_force

22-3-422 . Duties of preservation review board. The preservation review board shall:

(1) recommend nominations to the register;

(2) approve or disapprove all nominations to the register;

(3) approve or disapprove additions to statewide inventories of heritage properties;

(4) review the annual work program that recommends preservation goals and grant allocations for the next succeeding fiscal year;

(5) act in an advisory capacity to the historic preservation office and to state agencies; and

(6) accept reports from state agencies and the Montana university system on the first Tuesday in February of every even-numbered year on the status and stewardship of the agencies' and the university system's heritage properties as required in 22-3-424 and make recommendations regarding management of the properties.
Mont. Code Ann. § 22-3-904 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-904
22-3-904 Rules
Status: in_force

22-3-904 . Rules. The board shall adopt rules necessary to provide for filing of claims, procedures for hearings authorized under this part, and procedures for resolving multiple claims. Hearings may not occur until rules have been adopted. Rules must address, at a minimum, criteria for determining lineal descent, cultural affiliation, standards of evidence, and standards of proof.
Mont. Code Ann. § 22-3-918 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-918
22-3-918 Multiple claims -- care and handling of human skeletal remains or funerary objects pending disposition
Status: in_force

22-3-918 . Multiple claims -- care and handling of human skeletal remains or funerary objects pending disposition. If multiple requests for repatriation of human skeletal remains or funerary objects occur and the appropriate claimant cannot be determined, the board shall provide for the appropriate care and handling of the human skeletal remains or funerary objects until:

(1) the requesting parties agree upon the disposition;

(2) the dispute is resolved by the board pursuant to 22-3-916 ; or

(3) the issue is finally resolved in a state court of competent jurisdiction.
Mont. Code Ann. § 22-1-711 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-711
22-1-711 Effect of dissolution
Status: in_force

22-1-711 . Effect of dissolution. (1) If dissolution of a public library district is authorized by a majority of the electorate of the district, the county governing body shall order the dissolution and file the order with the county clerk. The dissolution is effective upon the earlier of the following:

(a) 6 months after the date of the filing of the order; or

(b) certification by the board of trustees that all debts and obligations of the district have been paid, discharged, or irrevocably settled.

(2) (a) If debts or obligation of the public library district remain unsatisfied after the dissolution of the district, the county governing body shall, subject to 15-10-420 and for as long as necessary, levy a property tax in an amount not to exceed the amount authorized for the district, on all taxable property that is in the territory formerly comprising the district, to be used to discharge the debts of the former district.

(b) If the electors of the district lowered the maximum amount to be levied for the operation of the district within 2 calendar years prior to the election authorizing the dissolution, the county governing body may, subject to 15-10-420 , levy a property tax not to exceed the levy authorized prior to the reduction of the maximum levy for the discharge of the district's obligations.

(3) Any asset of the public library district remaining after all debts and obligations have been discharged becomes the property of the county in which the asset is located.
Mont. Code Ann. § 22-3-1003 — MT Code / Title 22 / Chapter 3 / Part 10 / Section 22-3-1003
22-3-1003 Powers of commission -- contracts -- rules
Status: in_force

22-3-1003 . Powers of commission -- contracts -- rules. (1) (a) The Montana heritage preservation and development commission may contract with private organizations to assist in carrying out the purpose of 22-3-1001 . The term of a contract may not exceed 20 years.

(b) The provisions of Title 18 may not be construed as prohibiting contracts under this section from being let by direct negotiation. The contracts may be entered into directly with a vendor and are not subject to state procurement laws.

(c) Architectural and engineering review and approval do not apply to the historic renovation projects or projects at historic sites unless stated in specific state appropriations for construction permitted under the commission's jurisdiction.

(d) The contracts must provide for the payment of prevailing wages.

(e) A contract for supplies or services, or both, may be negotiated in accordance with commission rules.

(f) Management activities must be undertaken to encourage the operation of properties in a manner that results in economic stability.

(g) Contracts may include the lease of property managed by the commission. Provisions for the renewal of a contract must be contained in the contract.

(2) The contract term limit specified in subsection (1)(a) does not apply to a commercial lease with private organizations that invest substantial capital in property managed by the commission. The contract term limit pursuant to this subsection (2) may be for a period not to exceed 99 years.

(3) (a) Except as provided in subsection (3)(b), the commission may not contract for the construction of a building, as defined in 18-2-101 , in excess of $300,000 without the consent of the legislature. Building construction must be in conformity with applicable guidelines developed by the national park service of the U.S. department of the interior, the Montana historical society, and the Montana department of fish, wildlife, and parks. Funding for these projects must pass through directly to the commission.

(b) The commission may contract for the preservation, stabilization, or maintenance of existing structures or buildings for an amount that exceeds $300,000 without legislative consent if the commission determines that waiting for legislative consent would cause unnecessary damage to the structures or buildings or would result in a significant increase in cost to conduct those activities in the future.

(4) (a) Subject to subsection (4)(b), the commission, as part of a contract, shall require that a portion of any profit be reinvested in the property and that a portion be used to pay the administrative costs of the property and the commission.

(b) The commission shall deposit the portion of profits not used for administrative costs and restoration of the properties in the general fund.

(5) The commission may solicit funds from other sources, including the federal government, for the management and operation of properties.

(6) (a) The commission may use volunteers to further the purposes of this part.

(b) The commission and volunteers stand in the relationship of employer and employee for purposes of and as those terms are defined in Title 39, chapter 71. The commission shall provide each volunteer with workers' compensation coverage, as provided in Title 39, chapter 71, during the course of the volunteer's assistance.

(7) Volunteers are not salaried employees and are not entitled to wages and benefits. The commission may, in its discretion, reimburse volunteers for their otherwise uncompensated out-of-pocket expenses, including but not limited to their expenditures for transportation, food, and lodging.

(8) The commission shall establish a subcommittee composed of an equal number of members of the Montana historical society board of trustees and commission members to review and recommend the sale of personal property from the former Bovey assets acquired by the 55th legislature. A recommendation to sell may be presented to the commission only if the recommendation is supported by a majority of the members of the subcommittee.

(9) The commission shall adopt rules establishing a policy for making acquisitions and sales of real and personal property. With respect to each acquisition or sale, the policy must give consideration to:

(a) whether the property represents the state's culture and history;

(b) whether the property can become economically stable;

(c) whether the property can contribute to the economic and social enrichment of the state;

(d) whether the property lends itself to programs to interpret Montana history;

(e) whether the acquisition or sale will create significant social and economic impacts to affected local governments and the state;

(f) whether the sale is supported by the director of the Montana historical society;

(g) whether the commission should include any preservation covenants in a proposed sale agreement for real property;

(h) whether the commission should incorporate any design review ordinances established by Virginia City into a proposed sale agreement for real property; and

(i) other matters that the commission considers necessary or appropriate.

(10) Except as provided in subsection (12), the proceeds of any sale under subsection (9) must be placed in the account established in 22-3-1004 .

(11) Public notice and the opportunity for a hearing must be given in the geographical area of a proposed acquisition or sale of real property before a final decision to acquire or sell the property is made. The commission shall approve proposals for acquisition or sale of real property and recommend the approved proposal to the board of land commissioners.

(12) The commission, working with the board of investments, may establish trust funds to benefit historic properties. Interest from any trust fund established under this subsection must be used to preserve and manage assets owned by the commission.

(13) Prior to the convening of each regular session, the commission shall report to the governor and the legislature, as provided in 5-11-210 , concerning financial activities during the prior biennium, including the acquisition or sale of any assets.
Mont. Code Ann. § 22-1-401 — MT Code / Title 22 / Chapter 1 / Part 4 / Section 22-1-401
22-1-401 Policy
Status: in_force

22-1-401 . Policy. It is the policy of the legislature to encourage the most efficient delivery of library services to the people of Montana. To that end the state should be divided into regions within which libraries desiring to participate in the distribution of such state funding to libraries as may be available from time to time shall organize into library federations to pool resources and information and avoid duplication of effort.
Mont. Code Ann. § 22-1-103 — MT Code / Title 22 / Chapter 1 / Part 1 / Section 22-1-103
22-1-103 State library commission -- authority
Status: in_force

22-1-103 . State library commission -- authority. The state library commission may:

(1) give assistance and advice to all tax-supported or public libraries in the state and to all counties, cities, towns, or regions in the state that propose to establish libraries, as to the best means of establishing and improving those libraries;

(2) maintain and operate the state library and make provision for its housing;

(3) (a) accept and expend in accordance with the terms of a grant any grant of federal funds that is available to the state for library purposes;

(b) accept, receive, and administer any gifts, donations, bequests, and legacies made to the Montana state library. Unless otherwise provided by the donor, gifts, donations, bequests, and legacies must be deposited in the Montana state library trust established in 22-1-225 .

(4) make rules and establish standards for the administration of the state library and for the control, distribution, and lending of books and materials;

(5) serve as the agency of the state to accept and administer any state, federal, or private funds or property appropriated for or granted to it for library service or foster libraries in the state and establish regulations under which funds must be disbursed;

(6) provide library services for the blind and for individuals with physical disabilities;

(7) furnish, by contract or otherwise, library assistance and information services to state officials, state departments, and residents of those parts of the state inadequately serviced by libraries;

(8) act as a state board of professional standards and library examiners, develop standards for public libraries, and adopt rules for the certification of librarians;

(9) designate areas for and establish federations of libraries.
Mont. Code Ann. § 22-1-503 — MT Code / Title 22 / Chapter 1 / Part 5 / Section 22-1-503
22-1-503 Authority of board
Status: in_force

22-1-503 . Authority of board. The powers and duties of said board are as follows:

(1) to make rules, not inconsistent with law, for the government of the board and for the government and administration of the state law library, including rules designating when and for what periods of time the library shall be open to the public and the office hours of the library;

(2) to appoint a librarian and prescribe the duties of such librarian when not otherwise provided for by law;

(3) to sell or exchange duplicate copies of books and pay the moneys arising therefrom into the state law library fund;

(4) to see that the books and other properties of the library are maintained in good order and repair and are protected from theft or injury;

(5) to draw from the state treasury, at any time when needed for the legitimate expenses in maintaining and operating the library and acquiring books, reports, journals, and other works and properties therefor, including complete sets of statutory laws and codified laws of the United States of America, of the several states of the union, and of other jurisdictions, any moneys in the fund and available for such purposes;

(6) to establish such lawful relations and working arrangements with the library of congress of the United States, with the copyright office therein, and with the superintendent of documents of the United States as may be for the benefit and advantage of the state law library and promote the acquisition of books and other works from such sources as may be useful to those resorting to the facilities of the state law library.
Mont. Code Ann. § 22-2-101 — MT Code / Title 22 / Chapter 2 / Part 1 / Section 22-2-101
22-2-101 Montana arts council established
Status: in_force

22-2-101 . Montana arts council established. In recognition of the increasing importance of the arts in the lives of the citizens of Montana, of the need to provide opportunity for our young people to participate in the arts and to contribute to the great cultural heritage of our state and nation, and of the growing significance of the arts as an element which makes living and vacationing in Montana desirable to the people of other states, the Montana arts council is hereby created as an agency of state government.
Mont. Code Ann. § 22-3-1304 — MT Code / Title 22 / Chapter 3 / Part 13 / Section 22-3-1304
22-3-1304 Account -- Montana heritage center operations
Status: in_force

22-3-1304 . Account -- Montana heritage center operations. There is an account in the state special revenue fund established in 17-2-102 known as the Montana heritage center operations account. The tax collections allocated in 15-68-820 (4)(a) must be deposited in the account. The money in the account may be used only for expenses incurred in the operation and maintenance of the Montana heritage center, which may include the veterans' and pioneer memorial building.
Mont. Code Ann. § 22-1-315 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-315
22-1-315 City library may assume functions of county library
Status: in_force

22-1-315 . City library may assume functions of county library. (1) Instead of establishing a separate county free library, the board of county commissioners may enter into a contract with the board of library trustees or other authority in charge of the free public library of any incorporated city, and the board of library trustees or other authority in charge of such free public library is hereby authorized to make such a contract.

(2) Such contract may provide that the free public library of such incorporated city shall assume the functions of a county free library within the county with which such contract is made, and the board of county commissioners may agree to pay out of the county free library fund into the library fund of such incorporated city such sum as may be agreed upon.

(3) Either party to such contract may terminate the same by giving 6 months' notice of intention to do so.
Mont. Code Ann. § 22-1-312 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-312
22-1-312 Cooperation and merger
Status: in_force

22-1-312 . Cooperation and merger. Library boards of trustees, boards of other educational institutions, library agencies, and local political subdivisions are hereby empowered to cooperate, merge, or combine in providing library service.
Mont. Code Ann. § 22-3-1002 — MT Code / Title 22 / Chapter 3 / Part 10 / Section 22-3-1002
22-3-1002 Montana heritage preservation and development commission
Status: in_force

22-3-1002 . Montana heritage preservation and development commission. (1) There is a Montana heritage preservation and development commission. The commission is attached to the department of commerce for administrative purposes only, pursuant to 2-15-121 . The indirect administrative rate determined by the commission and the department must be reported to the economic affairs interim committee in accordance with 5-11-210 .

(2) (a) The commission consists of 14 members. The members must broadly represent the state. Nine members must be appointed by the governor, one member must be appointed by the president of the senate, and one member must be appointed by the speaker of the house.

(b) If the president of the senate and the speaker of the house do not appoint the members for which they are responsible within 2 months of a vacancy having occurred in those positions, the members must be appointed by the governor.

(c) The director of the Montana historical society, the director of the department of fish, wildlife, and parks, and the director of the department of commerce shall serve as members.

(d) When appointing a member under subsection (2)(a), the governor, the president of the senate, and the speaker of the house shall prioritize selection based on whether the member:

(i) has experience in managing facilities that cater to the needs of tourists;

(ii) has experience in community planning;

(iii) has experience in historic preservation;

(iv) has broad experience in business;

(v) is a member of the tourism advisory council established in 2-15-1816 ;

(vi) is a Montana historian; or

(vii) is from the public at large.

(3) Except for the initial appointments, members appointed by the governor under subsection (2)(a) shall serve 3-year terms. Members appointed by the president of the senate and the speaker of the house or by the governor under subsection (2)(b) shall serve 2-year terms. If a vacancy occurs, the appointing authority shall make an appointment for the unexpired portion of the term.

(4) In compliance with the state pay plan, the department shall provide all staff and services to the commission that the commission, in conjunction with the department, determines are necessary for carrying out the commission's programs and statutory requirements. The department shall assess the commission for reasonable costs.
Mont. Code Ann. § 22-2-109 — MT Code / Title 22 / Chapter 2 / Part 1 / Section 22-2-109
22-2-109 Financing of council
Status: in_force

22-2-109 . Financing of council. The council may engage in such fundraising drives and public contribution campaigns as will contribute to its continued development and support. All revenues received in such manner shall be deposited in the state special revenue fund of the state treasury and may not be used for any purposes other than the improvement, development, and operation and programs of the council.
Mont. Code Ann. § 22-1-225 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-225
22-1-225 Montana state library trust -- interest retention
Status: in_force

22-1-225 . Montana state library trust -- interest retention. (1) There is an account in the governmental fund category state special revenue fund type to be known as the Montana state library trust, to be used as provided in 22-1-226 .

(2) Interest and earnings of the account must be retained by the account.
Mont. Code Ann. § 22-3-523 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-523
22-3-523 Applicability
Status: in_force

22-3-523 . Applicability. This part applies only to property loaned to a museum on or after October 1, 1985, or to existing loaned property with a market value of $1,000 or less at the time of disposal.
Mont. Code Ann. § 22-3-103 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-103
22-3-103 Historical library -- independence from other libraries, museums, or galleries
Status: in_force

22-3-103 . Historical library -- independence from other libraries, museums, or galleries. (1) There is a historical library, to be maintained and operated by the Montana historical society.

(2) The historical library and any historical museum administered by the society in accordance with the provisions of this part shall be independent of any other library, museum, or gallery owned, maintained, or operated by the state of Montana.
Mont. Code Ann. § 22-1-705 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-705
22-1-705 Consolidation of existing public libraries and public library districts
Status: in_force

22-1-705 . Consolidation of existing public libraries and public library districts. (1) (a) If all or part of the territory served by an existing public library, as defined in 22-1-326 , is included within the boundaries of a public library district, the governing body of each county with territory included in the district shall notify the governing body of the city or county that established the public library that the territory served by the library is included in the district boundaries. The governing body of the city or county that established the public library shall hold a public hearing on the question of whether the territory served by the library should be included in the district. If the governing body determines that the territory served by the public library should be consolidated into the district, it shall adopt a resolution, following the public hearing, to that effect. If the governing body of the city or county that established the public library determines that the territory served by the library should not be included in the district, it shall adopt a resolution to that effect and the boundaries of the district must be adjusted to exclude the territory served by the public library.

(b) Any existing bonded indebtedness against the territory served by the public library or the library district remains the indebtedness of the original territory and must be paid by levies on the original territory.

(2) The territory of an existing public library district may be consolidated into a contiguous district upon the adoption of a resolution, following a public hearing, by the board of trustees of each district. The governing board of the county containing the largest percentage of territory in the district shall appoint the board of trustees for the consolidated district. The appointed trustees shall serve until their successors are elected, in accordance with the provisions of 22-1-706 .
Mont. Code Ann. § 22-2-602 — MT Code / Title 22 / Chapter 2 / Part 6 / Section 22-2-602
22-2-602 Advisory committee -- composition -- duties
Status: in_force

22-2-602 . Advisory committee -- composition -- duties. (1) To coordinate the project provided for in 22-2-601 (1), the governor shall appoint an advisory committee composed of the following 12 members:

(a) a representative from the Montana arts council;

(b) a representative from each of the federally recognized Indian tribes in Montana;

(c) a representative from the architecture and engineering division of the department of administration;

(d) the state director of Indian affairs or the state director's designee; and

(e) a representative of the Montana historical society.

(2) The advisory committee shall make recommendations to the department of administration for an appropriate design and site for the monument on the grounds of the capitol complex. The monument may be located separately from the tribal flags authorized in 22-2-601 (2).

(3) The advisory committee shall solicit and accept private contributions to finance the monument and the placement of the monument on the grounds of the capitol complex.
Mont. Code Ann. § 22-1-226 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-226
22-1-226 Use of Montana state library trust
Status: in_force

22-1-226 . Use of Montana state library trust. (1) The principal of the Montana state library trust established in 22-1-225 is subject to investment by the board of investments in accordance with investment principles established for the investment of state funds in Title 17, chapter 6, part 2.

(2) Unless otherwise provided by the donor, donations received pursuant to 22-1-103 must be placed in the Montana state library trust.

(3) Interest earned on the principal of the Montana state library trust may be used for providing library service to Montanans, including those who, because of disability, cannot read standard print.

(4) Revenue that is not expended on the service authorized in subsection (3) and that is not expended at the end of each fiscal year remains in the Montana state library trust for investment as provided in subsection (1).

(5) The provisions of 17-2-108 that require the expenditure of nongeneral fund money prior to the expenditure of general fund money do not apply to the expenditure of revenue made available to the library from the Montana state library trust.
Mont. Code Ann. § 22-1-716 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-716
22-1-716 Library depreciation reserve fund
Status: in_force

22-1-716 . Library depreciation reserve fund. (1) The trustees of a public library district may establish a library depreciation reserve fund for the replacement and acquisition of property, capital improvements, and equipment necessary to maintain and improve district library services.

(2) Money for the library depreciation reserve fund is those funds that have been allocated for district library services in any year but which have not been expended by the end of the year. The money includes but is not limited to county appropriations, federal reserve sharing funds, and public and private grants.

(3) The money held in the library depreciation reserve fund may be invested as provided by law. All interest earned on the fund must be credited to the library depreciation reserve fund.
Mont. Code Ann. § 22-3-601 — MT Code / Title 22 / Chapter 3 / Part 6 / Section 22-3-601
22-3-601 Short title
Status: in_force

22-3-601 . Short title. This part may be cited as the "Local Management of Historic Sites and Buildings Act".
Mont. Code Ann. § 22-3-809 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-809
22-3-809 Civil penalty and damages actions
Status: in_force

22-3-809 . Civil penalty and damages actions. (1) This part does not preclude civil actions for damages.

(2) The board may bring an action under 22-3-808 for a civil penalty.
Mont. Code Ann. § 22-3-811 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-811
22-3-811 Disposition of fees, grants, and donations
Status: in_force

22-3-811 . Disposition of fees, grants, and donations. There is an account in the state special revenue fund. The board shall deposit any fee, grant, or donation received under 22-3-804 into the account to be used to pay the board's expenses.
Mont. Code Ann. § 22-2-304 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-304
22-2-304 Cultural and aesthetic project appropriations -- administration
Status: in_force

22-2-304 . Cultural and aesthetic project appropriations -- administration. (1) The legislature must appropriate funds from the income of the trust fund created in 15-35-108 for cultural and aesthetic projects before any grant for a cultural or aesthetic project is awarded.

(2) Costs incurred by the Montana arts council for accounting, correspondence, project visits, and solicitation of proposals related to cultural and aesthetic project grants and the costs of the advisory committee established in 2-15-1521 shall be paid from appropriations from the income of the trust fund.

(3) Grant proposals are heard by a legislative appropriations subcommittee.

(4) Grant proposals approved by the legislature are administered by the Montana arts council.
Mont. Code Ann. § 22-3-917 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-917
22-3-917 Appeals -- stay of order pending appeal -- court costs and attorney fees
Status: in_force

22-3-917 . Appeals -- stay of order pending appeal -- court costs and attorney fees. (1) Within 30 days of a board decision regarding human skeletal remains or a funerary object located within the jurisdiction of the state, either party may file an appeal in the district court in the county in which the subject of the dispute is located. The court may include a grant of attorney fees to the prevailing party when it would serve the interests of justice. The court shall grant an award of costs to the prevailing party. An appeal under this section is subject to the provisions of Title 2, chapter 4, part 7.

(2) The filing of an appeal by either party automatically stays a board order on repatriation of human skeletal remains or funerary objects.

(3) A protection order issued by the board remains in effect until the issue is finally resolved by a state court.
Mont. Code Ann. § 22-1-303 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-303
22-1-303 Creation of public library
Status: in_force

22-1-303 . Creation of public library. A public library may be established in any county or city in any of the following ways:

(1) The governing body of any county or city desiring to establish and maintain a public library may pass and enter upon its minutes a resolution to the effect that a free public library is established under the provision of Montana laws relating to public libraries.

(2) A public library may be established by a petition that is signed by not less than 10% of the resident taxpayers whose names appear upon the last-completed assessment roll of the city or county and that is filed with the governing body requesting the establishment of a public library. The governing body of a city or county shall set a time of meeting at which it may by resolution establish a public library. The governing body shall give notice of the contemplated action in a newspaper of general circulation for 2 consecutive weeks giving the date and place of the meeting at which the contemplated action is proposed to be taken.

(3) (a) Upon a petition being filed with the governing body and signed by not less than 5% of the resident taxpayers of any city or county requesting an election, the governing body shall submit to a vote of the qualified electors at the next general election the question of whether a free public library is to be established.

(b) If a petition is submitted for a city, the petition must be signed by resident taxpayers of the city.

(c) If a petition is submitted to the county commissioners of a county asking for the establishment of a county library, the petition must be signed by resident taxpayers of the county who reside outside the corporate limits of an incorporated city that is located in the county and that may already have established a free public library for the city.

(d) If the petition specifically asks that a special election be called and the petition is signed by 35% of the resident freeholders affected by the petition, then the governing body shall, upon receipt of the petition, immediately set a date for a special election. The special election must be held in conjunction with a regular or primary election.

(e) If at the election a majority of the electors voting on the question vote in favor of the establishment of a library, the governing body shall immediately take the necessary steps to establish and maintain the library or to contract with any city or county for library service to be rendered to the inhabitants of the city or county.
Mont. Code Ann. § 22-3-1305 — MT Code / Title 22 / Chapter 3 / Part 13 / Section 22-3-1305
22-3-1305 Historic preservation grant program -- proposals -- recommendations
Status: in_force

22-3-1305 . Historic preservation grant program -- proposals -- recommendations. (1) There is a historic preservation grant program established within the department of commerce. A person, association, or representative of a governing unit seeking a historic preservation grant under this section must submit a grant proposal to the department by March 1 of the year preceding the convening of a regular legislative session.

(2) The department shall review all proposals for historic preservation grants in consultation with the tourism advisory council and the state historical preservation office before they are submitted to the legislature.

(3) Consistent with the rules adopted in accordance with 22-3-1306 , the department shall make recommendations to the legislature on each proposal submitted to the department.

(4) The department's recommendations to the legislature are advisory.

(5) The department shall present its recommendations to the appropriations committee of the legislature by the 15th day of a regular legislative session.
Mont. Code Ann. § 22-3-507 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-507
22-3-507 Notice of change of address or transfer of ownership
Status: in_force

22-3-507 . Notice of change of address or transfer of ownership. The owner of property on loan to a museum shall notify the museum in writing of any change of address or change in ownership of the property.
Mont. Code Ann. § 22-3-221 — MT Code / Title 22 / Chapter 3 / Part 2 / Section 22-3-221
22-3-221 Storing and safekeeping of war records
Status: in_force

22-3-221 . Storing and safekeeping of war records. The board of trustees of the Montana historical society is hereby authorized and directed to set apart a suitable room in the buildings under their jurisdiction for the storing and safekeeping of such archives, records, etc., of the grand army of the republic and the united Spanish war veterans, and said room shall be suitably furnished, and the librarian for the Montana historical society shall be custodian of said archives, records, etc.
Mont. Code Ann. § 22-3-441 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-441
22-3-441 Restrictions on reproduction or sale of heritage property and paleontological remains
Status: in_force

22-3-441 . Restrictions on reproduction or sale of heritage property and paleontological remains. (1) No person may reproduce or falsely identify any heritage property or paleontological remains with the intent to sell the property or remains as an original.

(2) No person may sell any heritage property or paleontological remains with the knowledge that the property or remains have previously been collected or excavated in violation of this section, 22-3-432 , or 22-3-435 .
Mont. Code Ann. § 22-3-211 — MT Code / Title 22 / Chapter 3 / Part 2 / Section 22-3-211
22-3-211 Historic records network -- creation -- purpose
Status: in_force

22-3-211 . Historic records network -- creation -- purpose. (1) The trustees of the Montana historical society shall establish and coordinate the administration of a historic records network.

(2) The staff of the society shall aid staff archivists and librarians at the university units in their work of acquiring, cataloguing, processing, microfilming, and preserving historic records.
Mont. Code Ann. § 22-1-704 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-704
22-1-704 Formation of public library district -- appointment of initial board of trustees
Status: in_force

22-1-704 . Formation of public library district -- appointment of initial board of trustees. (1) If a majority of the votes cast at the election in the territory of each county included in the proposed public library district approve the formation of the district, the governing body of each county shall, within 10 days of the receipt of the official canvass of the result, certify that the district is formed.

(2) Within 30 days after the certification of the formation of the public library district, the governing body of each county with territory included in the district shall jointly appoint the initial members of the district's board of trustees. The members shall serve until their successors are elected and qualified.
Mont. Code Ann. § 22-3-434 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-434
22-3-434 Denial of applications
Status: in_force

22-3-434 . Denial of applications. State agencies may deny or approve with conditions any application for an easement, lease, permit, contract, license, or certificate in order to protect heritage properties and paleontological remains that cannot be properly mitigated; provided that this section is limited only to heritage properties and paleontological remains which have been located as a part of the environmental impact statement reviews process as described in 22-3-433 .
Mont. Code Ann. § 22-1-331 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-331
22-1-331 Base grants
Status: in_force

22-1-331 . Base grants. The commission shall provide a base grant for each public library to support the cooperative activities and services of the six library federations in the state.
Mont. Code Ann. § 22-1-213 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-213
22-1-213 State publications -- notification and availability requirements
Status: in_force

22-1-213 . State publications -- notification and availability requirements. State agencies shall notify the state library of their state publications and shall make their state publications available to the state library as provided by rule. The state library shall, if requested by the agency, reimburse any state agency for state publications required to be made available when the quantity desired will necessitate unreasonable expense to the agency.
Mont. Code Ann. § 22-1-307 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-307
22-1-307 Investment of fund
Status: in_force

22-1-307 . Investment of fund. The moneys held in the library depreciation reserve fund may be invested as provided by law. All interest earned on the fund must be credited to the library depreciation reserve fund.