Mont. Code Ann. § 22-3-916 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-916
22-3-916 Board decision -- order -- immunity against aggrieved parties -- relinquishment of control by tribal group
Status: in_force

22-3-916 . Board decision -- order -- immunity against aggrieved parties -- relinquishment of control by tribal group. (1) Subject to the provisions of 2-4-621 and 2-4-623 , at the conclusion of the hearing and upon receipt of the recommendations of the hearings examiner, the board shall:

(a) issue findings of facts and conclusions related to any decision regarding its determination supporting or denying a claimant's written request for the repatriation of human skeletal remains or funerary objects;

(b) issue findings of facts and conclusions related to any decision regarding a possessing entity's or intervenor's request for a temporary delay in repatriation pending completion of ongoing scientific study; and

(c) provide the claimant, respondent, possessing entity, or intervenor with a written copy of its findings and conclusions regarding the specific repatriation request.

(2) A possessing entity that repatriates culturally affiliated human skeletal remains or funerary objects in good faith pursuant to this section is not liable for claims by an aggrieved party or for claims of breach of a fiduciary duty or the public trust or of violation of state law that are inconsistent with this part.

(3) This section does not prevent the governing body of a tribal group from expressly relinquishing control over any human skeletal remains or control or title to any funerary object. The acquisition of a funerary object from a tribal group or individual with the voluntary consent of the tribal group or individual with authority to alienate the object constitutes the right of possession over that object. Divestiture of culturally affiliated human skeletal remains or funerary objects from a person without a right of possession does not constitute an unconstitutional taking of property.
Mont. Code Ann. § 22-3-201 — MT Code / Title 22 / Chapter 3 / Part 2 / Section 22-3-201
22-3-201 Public policy
Status: in_force

22-3-201 . Public policy. The legislature declares that it is the public policy of the state of Montana that noncurrent records of permanent value to the state and to local governments should be preserved and protected; that the operations of state government should be made more efficient, more effective, and more economical through current records management; and that to the end that the people may receive maximum benefit from a knowledge of state and local government affairs, the state and local governments should preserve noncurrent records of permanent value for study and research.
Mont. Code Ann. § 22-2-108 — MT Code / Title 22 / Chapter 2 / Part 1 / Section 22-2-108
22-2-108 Authorization for council to enter certain contracts
Status: in_force

22-2-108 . Authorization for council to enter certain contracts. The council may contract with individuals, organizations, and institutions for services or cooperative endeavors furthering the objectives of the council's programs.
Mont. Code Ann. § 22-3-104 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-104
22-3-104 Appointment and qualifications of board of trustees
Status: in_force

22-3-104 . Appointment and qualifications of board of trustees. (1) The government and administration of the society are vested in a board of 15 trustees appointed by the governor, by and with the consent of the senate. Three each of the original members of the board shall be appointed for 1-, 2-, 3-, 4-, and 5-year terms. An appointment to replace a member whose term has expired shall be for 5 years. An appointment to replace a member whose term has not expired shall be for the unexpired term.

(2) Trustees shall be appointed because of their special interest in the accomplishment of the purposes of the society, their fitness for discharging these duties, and their willingness to devote time and effort in the public interest. The governor, insofar as possible, shall appoint trustees from the various geographical areas of the state.

(3) Of the 15 trustees, at least one shall be a recognized historian and at least one shall be a recognized archaeologist.

(4) The governor shall appoint these professionals to the board of trustees as vacancies occur.
Mont. Code Ann. § 22-3-115 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-115
22-3-115 Montana historical interpretation state special revenue account
Status: in_force

22-3-115 . Montana historical interpretation state special revenue account. (1) There is a Montana historical interpretation state special revenue account within the state special revenue fund established in 17-2-102 .

(2) There must be paid into the Montana historical interpretation state special revenue account money allocated from the lodging facility use tax proceeds allocated by 15-65-121 .

(3) Money in the account is available to the Montana historical society by appropriation and must be used to pay costs associated with historical interpretation and the Robert Scriver collection.
Mont. Code Ann. § 22-1-601 — MT Code / Title 22 / Chapter 1 / Part 6 / Section 22-1-601
22-1-601 Library compact
Status: in_force

22-1-601 . Library compact. The Interstate Library Compact is approved, enacted into law, and entered into by the state of Montana. The compact is in full as follows:

INTERSTATE LIBRARY COMPACT

Article I. Policy and Purpose

Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis; and to authorize cooperation and sharing among localities, states, and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.

Article II. Definitions

As used in this compact:

(1) "public library agency" means any unit or agency of local or state government operating or having power to operate a library;

(2) "private library agency" means any nongovernmental entity which operates or assumes a legal obligation to operate a library;

(3) "library agreement" means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.

Article III. Interstate Library Districts

(1) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain, and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities, and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.

(2) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.

(3) If a library agreement provides for joint establishment, maintenance, or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement:

(a) undertake, administer, and participate in programs or arrangements for:

(i) securing, lending, or servicing books and other publications, any other materials suitable to be kept or made available by libraries, or library equipment; or

(ii) for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof;

(b) accept for any of its purposes under this compact any and all donations and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof or interstate agency or from any institution, person, firm, or corporation and receive, utilize, and dispose of the same;

(c) operate mobile library units or equipment for the purpose of rendering bookmobile service within the district;

(d) employ professional, technical, clerical, and other personnel and fix terms of employment, compensation, and other appropriate benefits; and where desirable, provide for the in-service training of such personnel;

(e) sue and be sued in any court of competent jurisdiction;

(f) acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service;

(g) construct, maintain, and operate a library, including any appropriate branches thereof;

(h) do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.

Article IV. Interstate Library Districts, Governing Board

(1) An interstate library district which establishes, maintains, or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.

(2) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.

Article V. State Library Agency Cooperation

Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing, and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services, or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district, and an agreement embodying any such program, service, or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements.

Article VI. Library Agreements

(1) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:

(a) detail the specific nature of the services, programs, facilities, arrangements, or properties to which it is applicable;

(b) provide for the allocation of costs and other financial responsibilities;

(c) specify the respective rights, duties, obligations, and liabilities of the parties;

(d) set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.

(2) No public or private library agency shall undertake to exercise, itself or jointly with any other library agency, by means of a library agreement, any power prohibited to such agency by the constitution or statutes of its state.

(3) No library agreement shall become effective until filed with the compact administrator of each state involved and approved in accordance with Article VII of this compact.

Article VII. Approval of Library Agreements

(1) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of that state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 90 days of its submission shall constitute approval thereof.

(2) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the officer or it as to all matters within the officer's or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (1) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.

Article VIII. Other Laws Applicable

Nothing in this compact or in any library agreement shall be construed to supersede, alter, or otherwise impair any obligation imposed on any library by otherwise applicable law nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.

Article IX. Appropriations and Aid

(1) Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.

(2) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.

Article X. Compact Administrator

Each state shall designate a compact administrator with whom copies of all library agreements to which the administrator's state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon the administrator by the laws of that state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator.

Article XI. Entry into Force and Withdrawal

(1) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.

(2) This compact shall continue in force with respect to a party state and remain binding upon such state until 6 months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.

Article XII. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Mont. Code Ann. § 22-2-107 — MT Code / Title 22 / Chapter 2 / Part 1 / Section 22-2-107
22-2-107 Gifts and donations
Status: in_force

22-2-107 . Gifts and donations. The council may acquire, accept, receive, dispose of, and administer in the name of the council any gifts, donations, properties, securities, bequests, and legacies that may be made to it. Money received by donation, gift, bequest, or legacy, unless otherwise provided by the donor, must be deposited in the state special revenue fund of the state treasury and used for the general operation of the council. The council is the official agency of the state to receive and disburse any funds made available by the national endowment for the arts.
Mont. Code Ann. § 22-3-101 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-101
22-3-101 Historical society
Status: in_force

22-3-101 . Historical society. The historical society of Montana, originally organized under the provisions of an act of the legislative assembly of the territory of Montana entitled "An Act to Incorporate the Historical Society of Montana", approved February 2, 1865, and thereafter made to become the historical society of the state of Montana by an act approved March 4, 1891, entitled "An Act Concerning the Historical Society for the State of Montana and Making an Appropriation Therefor" and by "An Act to Perpetuate the Historical Society of the State of Montana", approved March 1, 1949, is hereby continued and perpetuated as the Montana historical society and as such constitutes an agency of state government for the use, learning, culture, and enjoyment of the citizens of the state and for the acquisition, preservation, and protection of historical records, art, archival, and museum objects, historical places, sites, and monuments and the custody, maintenance, and operation of the historical library, museums, art galleries, and historical places, sites, and monuments.
Mont. Code Ann. § 22-3-912 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-912
22-3-912 Claims for repatriation
Status: in_force

22-3-912 . Claims for repatriation. (1) A claim for repatriation of human skeletal remains or funerary objects must be made by:

(a) filing a written claim for the human skeletal remains or funerary objects with the board and the possessing entity having possession or control of the human skeletal remains or funerary objects; and

(b) proving, by a preponderance of the evidence:

(i) the claimant's cultural affiliation to the human skeletal remains or funerary objects; and

(ii) that the possessing entity does not have the right of possession.

(2) A claim for repatriation under this section may be made by a claimant:

(a) who claims cultural affiliation and requests the return of human skeletal remains or funerary objects listed in the inventory of an agency or museum; or

(b) who requests the repatriation of human skeletal remains or funerary objects that are not listed in the inventory of an agency or museum but are in the possession or control of the possessing entity.
Mont. Code Ann. § 22-2-104 — MT Code / Title 22 / Chapter 2 / Part 1 / Section 22-2-104
22-2-104 Executive committee
Status: in_force

22-2-104 . Executive committee. The council may select an executive committee of five members and delegate to the committee such functions in aid of the efficient administration of the affairs of the council as the council deems advisable.
Mont. Code Ann. § 22-3-1203 — MT Code / Title 22 / Chapter 3 / Part 12 / Section 22-3-1203
22-3-1203 Administration of program -- fee -- rules
Status: in_force

22-3-1203 . Administration of program -- fee -- rules. (1) The Montana centennial farm and ranch program is administered by the Montana historical society.

(2) The historical society may adopt rules for administering the program, including but not limited to rules:

(a) creating the application form and process;

(b) setting the application fee;

(c) creating guidelines for accepting or declining applications; and

(d) designing and awarding certificates to qualifying families.

(3) The fee provided for in this section must be deposited in an account in the state special revenue fund and may be used by the historical society only for maintaining the program.
Mont. Code Ann. § 22-2-505 — MT Code / Title 22 / Chapter 2 / Part 5 / Section 22-2-505
22-2-505 Waiver void -- exemption from U.C.C
Status: in_force

22-2-505 . Waiver void -- exemption from U.C.C. (1) Any provision of a contract or agreement by which the consignor waives any provision of this part is void.

(2) This part is not subject to the provisions of Title 30, chapters 1 through 9A.
Mont. Code Ann. § 22-1-506 — MT Code / Title 22 / Chapter 1 / Part 5 / Section 22-1-506
22-1-506 Liability for injury to books or failure to return
Status: in_force

22-1-506 . Liability for injury to books or failure to return. A person who defaces, tears, or otherwise injures any book or other work or who fails to return any book taken by the person is liable to the state in three times the value of the book if the book is not replaced by a new one or another book of identical title, in good order and condition. A statute of limitations may not ever be effective against the claim of the state under this section.
Mont. Code Ann. § 22-1-327 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-327
22-1-327 State aid -- per capita -- per square mile
Status: in_force

22-1-327 . State aid -- per capita -- per square mile. (1) The commission shall distribute grants to public libraries and public library districts on a per capita and per square mile basis.

(2) The total amount of annual per capita and per square mile funding to public libraries for each fiscal year is the base amount of 50 cents multiplied by the total number of residents of the state as determined by the most recent decennial census of the population produced by the U.S. bureau of the census.

(3) The amount determined under subsection (2) is statutorily appropriated, as provided in 17-7-502 , from the general fund to the commission for distribution as state aid to public libraries. (Subsections (2) and (3) terminate July 1, 2029--sec. 4, Ch. 621, L. 2023.)
Mont. Code Ann. § 22-3-1302 — MT Code / Title 22 / Chapter 3 / Part 13 / Section 22-3-1302
22-3-1302 Authorization to construct Montana heritage center
Status: in_force

22-3-1302 . Authorization to construct Montana heritage center. (1) The department of administration is authorized to construct the Montana heritage center, which may include the remodel of the veterans' and pioneer memorial building.

(2) The department of administration shall, to the fullest extent possible, analyze, negotiate, and pursue purchasing the area bounded by Prospect avenue, 11th avenue, North Sanders street, and North Oakes street in Helena, Montana, containing approximately 9.4 acre lots, as the location of the Montana heritage center.

(3) The department of administration may construct the Montana heritage center in phases.

(4) This section constitutes legislative consent for the construction of the Montana heritage center within the meaning of 18-2-102 .
Mont. Code Ann. § 22-2-302 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-302
22-2-302 Advisory committee -- powers and duties
Status: in_force

22-2-302 . Advisory committee -- powers and duties. (1) Subject to 22-2-310 , the cultural and aesthetic projects advisory committee provided for in 2-15-1521 shall review all proposals for cultural and aesthetic project grants before they are submitted to the legislature.

(2) Consistent with the rules adopted in accordance with 22-2-303 , the committee shall make recommendations to the legislature on each proposal submitted to the committee.

(3) The committee's recommendations to the legislature are advisory only.

(4) The committee shall present its recommendations to the appropriations committee of the legislature by the 15th day of any regular legislative session.
Mont. Code Ann. § 22-1-328 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-328
22-1-328 Statewide interlibrary resource-sharing program
Status: in_force

22-1-328 . Statewide interlibrary resource-sharing program. The commission shall establish a statewide interlibrary resource-sharing program. The purpose of the program is to administer funds appropriated by the legislature to support and facilitate resource-sharing among libraries in Montana, including but not limited to public libraries, public library districts, libraries operated by public schools or school districts, libraries operated by public colleges or universities, tribal libraries, libraries operated by public agencies for institutionalized persons, and libraries operated by nonprofit, private medical, educational, or research institutions.
Mont. Code Ann. § 22-3-903 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-903
22-3-903 Definitions
Status: in_force

22-3-903 . Definitions. As used in this part, the following definitions apply:

(1) "Agency" means any department, bureau, commission, board, council, or political subdivision of the state of Montana, except an entity that is a cemetery board or has authority over a cemetery.

(2) "Board" means the burial preservation board established in 22-3-804 .

(3) "Burial site" has the meaning provided in 22-3-803 .

(4) "Claimant" means a claimant for repatriation under 22-3-912 and includes a tribal group, lineal descendant, or next of kin.

(5) "Control" means having a legal interest in human skeletal remains or funerary objects sufficient to lawfully permit an agency or museum to treat the object as part of its collection for purposes of this part whether or not the human skeletal remains or funerary objects are in the physical custody of the agency or museum.

(6) "Cultural affiliation" means the existence of a shared group identity that can reasonably be traced historically or anthropologically between a tribal group and an identifiable earlier tribe. It may also include a shared identity that can reasonably be traced historically between an individual and an identifiable individual lineal descendant or next of kin.

(7) "Funerary objects" means objects that, as part of a death rite or ceremony, are reasonably believed to have been placed with human skeletal remains at a specific burial site either at the time of death or later and which human skeletal remains are currently in the possession or control of an agency, museum, or person, either along with the human skeletal remains or that can be identified by a preponderance of the evidence to be related to specific known human skeletal remains not currently in the possession or control of the agency, museum, or person.

(8) "Human skeletal remains" has the meaning provided in 22-3-803 .

(9) "Inventory" means an itemized list that summarizes the collection of human skeletal remains and funerary objects in the possession or control of an agency or museum.

(10) "Marked, unmarked, unrecorded, registered, or unregistered grave or burial ground" has the meaning provided in 22-3-803 .

(11) "Museum" means an entity or state or local government agency, including an educational institution, that receives state funding.

(12) "Person" includes a corporation, partnership, joint venture, estate, and any other legal entity, as well as a natural person.

(13) "Possessing entity" means an agency, museum, or person from whom repatriation is requested.

(14) (a) "Possession" means having physical custody of human skeletal remains or funerary objects with a sufficient legal interest to lawfully treat the human skeletal remains or funerary objects as part of a collection.

(b) The term does not include human skeletal remains or funerary objects on loan to an agency or museum.

(15) "Right of possession" means:

(a) possession obtained of nonculturally affiliated human skeletal remains or funerary objects; or

(b) possession obtained with the voluntary consent of a group or individual that had authority of alienation over the human skeletal remains or funerary object.

(16) "Tribal group" has the meaning provided in 22-3-803 .
Mont. Code Ann. § 22-1-313 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-313
22-1-313 Existing tax-supported libraries -- notification -- exemption from county taxes
Status: in_force

22-1-313 . Existing tax-supported libraries -- notification -- exemption from county taxes. After the establishment of a county free library as provided in this part, the governing body of any city which has an existing tax-supported public library may notify the board of county commissioners that such city does not desire to be a part of the county library system. Such notification shall exempt the property in such city from liability for taxes for county library purposes.
Mont. Code Ann. § 22-3-1202 — MT Code / Title 22 / Chapter 3 / Part 12 / Section 22-3-1202
22-3-1202 Montana centennial farm and ranch program
Status: in_force

22-3-1202 . Montana centennial farm and ranch program. (1) There is a Montana centennial farm and ranch program to recognize Montana farm and ranch families that have owned or lived on their land for 100 years or more.

(2) A Montana farm or ranch family may apply for a centennial farm or ranch designation and a certificate through the program if the family:

(a) has owned or lived on the farm or ranch for 100 years or more;

(b) submits an application to the Montana historical society; and

(c) pays the fee set by the historical society to cover the application process and the certificate.
Mont. Code Ann. § 22-1-701 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-701
22-1-701 Public library districts -- purpose -- territory
Status: in_force

22-1-701 . Public library districts -- purpose -- territory. (1) The purpose of this part is to provide a method for:

(a) establishing, equipping, administering, and funding public libraries; and

(b) contracting for library services from existing public libraries.

(2) A public library district may contain the entire territory of a county, the territory of part of a county, or territory in more than one county. A public library district may include incorporated municipalities within a county.

(3) The territory included in a public library district must contain a taxable value of at least $5 million.
Mont. Code Ann. § 22-2-303 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-303
22-2-303 Rulemaking authority
Status: in_force

22-2-303 . Rulemaking authority. (1) The Montana historical society and the Montana arts council shall adopt rules that specify the criteria the advisory committee shall use when evaluating and making recommendations on cultural and aesthetic grant proposals submitted to the legislature.

(2) The Montana arts council shall adopt rules that implement the provisions of 22-2-306 , 22-2-308 , and 22-2-309 , relating to local support, matching requirements, application procedures, and disbursements of grants.
Mont. Code Ann. § 22-3-509 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-509
22-3-509 Notice of injury or loss
Status: in_force

22-3-509 . Notice of injury or loss. (1) A museum shall give a lender prompt notice of any known injury to or loss of property on loan.

(2) A notice of injury or loss must contain the lender's name, the lender's most recent address as shown on the museum's records, the date of the loan, and the name, address, and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan.

(3) If the museum is unable to give the lender the notice required by this section by mail, the museum shall publish the notice as provided in 22-3-505 and in addition shall include a statement containing substantially the following information:

The records of

(name of museum)

indicate that you have property on loan to it. Your failure to notify it in writing of a change of address or ownership may result in the loss of rights in the loaned property. See 22-3-507 , MCA.
Mont. Code Ann. § 22-1-325 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-325
22-1-325 Short title
Status: in_force

22-1-325 . Short title. Sections 22-1-325 through 22-1-331 may be cited as the "Information Access Montana Act".
Mont. Code Ann. § 22-1-203 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-203
22-1-203 Digital library services special revenue account
Status: in_force

22-1-203 . Digital library services special revenue account. (1) There is an account in the state special revenue fund established in 17-2-102 to the credit of the state library to be known as the digital library services state special revenue account.

(2) There must be deposited in the account:

(a) quarterly payments from state agencies for use of the natural resource information system established in 90-15-301 ;

(b) legislative transfers to the account; and

(c) any funds allocated to the account.

(3) The purpose of the fund is to provide digital library services throughout the state.
Mont. Code Ann. § 22-1-1101 — MT Code / Title 22 / Chapter 1 / Part 11 / Section 22-1-1101
22-1-1101 Short title
Status: in_force

22-1-1101 . Short title. This part may be cited as the "Montana Library Records Confidentiality Act".
Mont. Code Ann. § 22-1-702 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-702
22-1-702 Creation or enlargement of public library district
Status: in_force

22-1-702 . Creation or enlargement of public library district. (1) Proceedings for the creation or enlargement of a public library district or the conversion of a public library to a public library district may be initiated by:

(a) a petition signed by not less than 15% of the qualified electors who reside within the proposed district or the area to be added to an existing district; or

(b) a resolution of intent adopted by the county governing body, calling for the creation of a district.

(2) The petition must contain:

(a) the boundaries of the proposed public library district;

(b) a map showing the boundaries;

(c) subject to 15-10-420 , the proposed maximum property tax mill levy that could be levied on property owners within the district for the operation of the district; and

(d) the proposed number of members on the board of trustees. The number of members must be five or seven.

(3) When the territory to be included in the proposed public library district lies in more than one county, a petition must be presented to the governing body of each county in which the territory lies. Each petition must be signed by not less than 15% of the qualified electors of the territory within the county proposed for inclusion in the district.

(4) Upon receipt of a petition to create a public library district, the county clerk shall examine the petition and within 15 days either reject the petition if it is insufficient under the provisions of subsection (1), (2), or (3) or certify that the petition is sufficient and present it to the county governing body at its next meeting.

(5) The text of the petition must be published as provided in 7-1-2121 in each county in which territory of the proposed public library district lies.

(6) At a hearing on the proposed public library district, the county governing body shall hear testimony:

(a) of all interested persons on whether a district should be created;

(b) regarding the proposed boundary, the property tax mill levy, and the number of members of the board of trustees; and

(c) on any other matter relating to the petition.

(7) After the hearing, if the county governing body determines that the proposed public library district should be created, it shall by resolution:

(a) set the boundaries of the proposed district;

(b) set the maximum mill levy for the proposed district;

(c) set the number of members to be on the board of trustees; and

(d) call for an election on the question of whether to create the district. The election may be:

(i) held in conjunction with a regular or primary election; or

(ii) conducted by mail ballot in accordance with the provisions of Title 13, chapter 19.
Mont. Code Ann. § 22-2-309 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-309
22-2-309 Grant categories
Status: in_force

22-2-309 . Grant categories. (1) The following categories are established for grant funds:

(a) special projects which are specific cultural and aesthetic activities, services, or events of limited duration;

(b) operational support for cultural institutions that have been in existence for at least 2 years and whose budgets reflect only the cost of continuing their current program;

(c) capital expenditures for acquisition, construction, or renovation of facilities; and

(d) challenge grants for permanent endowments to benefit cultural nonprofit grant recipients.

(2) The Montana arts council may require a match in cash or donated services for special project and operational support grants. There is a presumption that the match must represent $1 in value for each dollar of the grant. The Montana arts council may accept matches in excess of the presumed value or may in its discretion require a lesser amount.

(3) Capital expenditures may not exceed 25% of the total grant funds appropriated. Capital expenditure grants require a match of at least $3 in cash or donated goods and services, which goods and services must be donated specifically for the capital expenditure project, to receive each dollar of grant funds.

(4) Challenge grants require a match of at least $3 in cash or irrevocable planned or deferred gifts to receive each dollar of grant funds. Challenge grants are available upon meeting the specified match. Not less than one-third of the specified match must be in cash. Not more than one-third of the match may be in wills, devises, bequests, and paid-up life insurance policies. A devise may include retention of an irrevocable life estate by the donor.
Mont. Code Ann. § 22-3-424 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-424
22-3-424 Duties of state agencies
Status: in_force

22-3-424 . Duties of state agencies. State agencies, including the Montana university system, shall:

(1) in consultation with the historical society adopt rules for the identification and preservation of heritage properties and paleontological remains on lands owned by the state to avoid, whenever feasible, state actions or state assisted or licensed actions that substantially alter heritage properties or paleontological remains on lands owned by the state or, in the absence of such rules, act in compliance with rules adopted under 22-3-423 ;

(2) identify and develop, in consultation with the historic preservation officer, methods and procedures to ensure that the identification and protection of heritage properties and paleontological remains on lands owned by the state are given appropriate consideration in state agency decisionmaking;

(3) deposit in the historic preservation office all inventory reports, including maps, photographs, and site forms, of heritage properties and paleontological remains; and

(4) pursuant to 22-3-422 (6), provide to the preservation review board on the first Tuesday in February of every even-numbered year the following information:

(a) a list of the heritage properties managed by the agencies as those properties have been identified pursuant to this section;

(b) the status and condition of each heritage property;

(c) the stewardship efforts in which the agencies have engaged to maintain each heritage property and the cost of those activities;

(d) a prioritized list of the maintenance needs for the properties; and

(e) a record of the agencies' compliance with subsections (1) and (2).
Mont. Code Ann. § 22-3-810 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-810
22-3-810 Closure of board meetings
Status: in_force

22-3-810 . Closure of board meetings. The board may close part of a meeting of the board to the public if the board finds that information that may be acquired at that part of the meeting may allow a person to identify a burial site, human skeletal remains, or burial material and pilfer, disturb, or destroy the human skeletal remains, burial site, or burial material.
Mont. Code Ann. § 22-1-412 — MT Code / Title 22 / Chapter 1 / Part 4 / Section 22-1-412
22-1-412 Purpose
Status: in_force

22-1-412 . Purpose. It is the purpose of 22-1-413 and this section to establish a program whereby state funds may be appropriated to the Montana state library commission to provide the benefits of quality public library service to all residents of Montana by developing and strengthening local public libraries through library federations as defined in 22-1-402 .
Mont. Code Ann. § 22-1-712 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-712
22-1-712 Multijurisdictional public library districts -- administration
Status: in_force

22-1-712 . Multijurisdictional public library districts -- administration. A multijurisdictional public library district created under the provisions of Title 7, chapter 11, part 10, must be administered according to the provisions of 22-1-305 through 22-1-317 .
Mont. Code Ann. § 22-1-317 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-317
22-1-317 City-county library -- board of trustees
Status: in_force

22-1-317 . City-county library -- board of trustees. (1) A joint city-county library must be governed by a board of trustees composed of five members chosen as specified in the contract, with terms not to exceed 5 years.

(2) Trustees may not serve more than two full terms in succession.

(3) Trustees shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds.

(4) Trustees shall meet and elect a presiding officer and other officers that they consider necessary, for 1-year terms.

(5) The board of trustees has the same powers and duties as the board of trustees of a city library or a county library.
Mont. Code Ann. § 22-3-108 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-108
22-3-108 Function of director -- employment of assistants
Status: in_force

22-3-108 . Function of director -- employment of assistants. The director is fully responsible for the immediate direction, management, and control of the society, subject to the general programs and policies established by the trustees. The director may appoint and employ all assistants and employees required for the management of the historical society, subject to approval by the trustees.
Mont. Code Ann. § 22-1-308 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-308
22-1-308 Public library -- board of trustees
Status: in_force

22-1-308 . Public library -- board of trustees. (1) Upon the establishment of a public library under the provisions of this part, the mayor, with the advice and consent of the city council or city commissioners, shall appoint a board of trustees for the city library and the presiding officer of the board of county commissioners, with the advice and consent of the board, shall appoint a board of trustees for the county library.

(2) The library board must consist of five trustees. Not more than one member of the governing body may be, at any one time, a member of the board.

(3) Trustees shall serve without compensation, but their actual and necessary expenses incurred in the performance of their official duties may be paid from library funds.

(4) Trustees shall hold their office for 5 years from the date of appointment and until their successors are appointed. Initially, appointments must be made for 1-, 2-, 3-, 4-, and 5-year terms. Annually thereafter, there must be appointed before July 1 of each year, in the same manner as the original appointments for a 5-year term, a trustee to take the place of the retiring trustee. Trustees may not serve more than two full terms in succession.

(5) Following the appointments, in July of each year, the trustees shall meet and elect a presiding officer and other officers that they consider necessary, for 1-year terms. Vacancies in the board of trustees must be filled for the unexpired term in the same manner as original appointments.
Mont. Code Ann. § 22-3-120 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-120
22-3-120 Montana 250th commission
Status: in_force

22-3-120 . (Temporary) Montana 250th commission. (1) There is a Montana 250th commission formed to promote civic engagement and increase public awareness of United States and Montana government and history, including the history of tribal nations, leading up to the United States semiquincentennial. The commission is allocated to the Montana historical society for administrative purposes only, as provided in 2-15-121 .

(2) The commission consists of the following 11 members:

(a) the Montana historical society director or the director's designee;

(b) two members of the legislature, one from the minority party and one from the majority party appointed as follows:

(i) first, a member of the senate appointed by the president of the senate; and

(ii) second, a member of the house of representatives appointed by the speaker of the house of representatives;

(c) a high school social studies teacher who teaches a course in United States government appointed by the superintendent of public instruction;

(d) a college-level United States history or political science professor appointed by the commissioner of higher education;

(e) a tribal representative appointed by the state director of Indian affairs; and

(f) five members appointed by the governor representing various civic, veteran, military, tourism, history, museum, library, arts, or local and tribal government organizations.

(3) The commission shall:

(a) work with partners, including but not limited to educational institutions, historical preservation entities, civic engagement organizations, tourism, arts, and heritage entities, veteran and military organizations, and local, state, national, and tribal partners;

(b) collaborate with the board of public education, office of public instruction, local schools, and commission partners to:

(i) increase participation in the United States civics test as referenced in 20-7-119 ;

(ii) increase youth proficiency in United States and Montana government and history and in the distinct and unique heritage of American Indians pursuant to Article X, section 1(2), of the Montana constitution and Title 20, chapter 1, part 5; and

(iii) recognize schools for outstanding achievement in subsections (3)(b)(i) and (3)(b)(ii);

(c) plan, coordinate, and implement an overall program to build public awareness of and foster public participation in celebrating and commemorating the 250th anniversary of the independence and founding of the United States;

(d) draw attention to the achievements, honors, innovations, and significance of the people in this state and recommend ways for this state to commemorate the 250th anniversary of the independence and founding of the United States;

(e) recognize the vibrant indigenous cultures living in this place in 1776;

(f) emphasize the service and sacrifices of veterans who have secured and preserved American independence and freedom; and

(g) celebrate and commemorate events and activities throughout this state.

(4) The commission may and is expected to seek gifts, donations, grants, and other sources of funding to support its activities.

(5) Commission members may not receive compensation but are entitled to reimbursement for travel expenses as provided for in 2-18-501 through 2-18-503 .

(6) The education interim committee established in 5-5-224 shall include monitoring of the commission and the commission's efforts in its duties for the 2023 and 2024 interim and may request updates and reports from the commission. (Terminates December 31, 2026--sec. 6, Ch. 599, L. 2023.)
Mont. Code Ann. § 22-1-708 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-708
22-1-708 Public library district budget -- property tax levy
Status: in_force

22-1-708 . Public library district budget -- property tax levy. (1) The board of trustees shall annually prepare a budget for the ensuing fiscal year and present the budget to the governing body of each county with territory in the public library district at the regular budget meetings as prescribed in Title 7, chapter 6, part 40, and certify the amount of money necessary for the operation of the district for the ensuing fiscal year.

(2) Subject to 15-10-420 , the county governing body shall, annually at the time of levying county taxes, fix and levy a tax on all taxable property within the public library district sufficient to raise the amount certified by the board of trustees and approved by the electors. The tax levied may not in any year exceed the maximum amount approved by the electorate pursuant to 22-1-703 or 22-1-709 .
Mont. Code Ann. § 22-2-501 — MT Code / Title 22 / Chapter 2 / Part 5 / Section 22-2-501
22-2-501 Definitions
Status: in_force

22-2-501 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.

(2) "Artist" means a person who creates a work of fine art or, if the person is deceased, the person's heir, devisee, or personal representative.

(3) "Consignment" means that no title to, estate in, or right to possession of fine art superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such fine art.

(4) "Fine art" means a painting, sculpture, drawing, work of graphic art (including an etching, lithograph, signed limited edition offset print, silk screen, or a work of graphic art of like nature), a work of calligraphy, photographs, original works in ceramics, wood, metals, glass, plastic, wax, stone, or leather, or a work in mixed media (including a collage, assemblage, or any combination of the art media mentioned in this subsection).

(5) "Person" means an individual, partnership, corporation, association, or other group, however organized.
Mont. Code Ann. § 22-3-1301 — MT Code / Title 22 / Chapter 3 / Part 13 / Section 22-3-1301
22-3-1301 Short title
Status: in_force

22-3-1301 . Short title. This part may be cited as the "Montana Museums Act of 2020".
Mont. Code Ann. § 22-3-807 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-807
22-3-807 Nondisclosure of records
Status: in_force

22-3-807 . Nondisclosure of records. (1) The state historic preservation officer, in consultation with the board, shall maintain burial site records that are separate and distinct from those in the cultural resource registry and that are necessary to administer this part.

(2) Burial site records are confidential and available only to criminal justice agencies or to federal, state, and tribal personnel or their appointed representatives legally charged with administering laws protecting cultural resources.

(3) Statistical information compiled from burial site records must be made available to the general public. Any information concerning burial site records that is released to a criminal justice agency is confidential criminal justice information, as defined in 44-5-103 , and is subject to dissemination pursuant to 44-5-303 .
Mont. Code Ann. § 22-3-502 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-502
22-3-502 Purpose
Status: in_force

22-3-502 . Purpose. The people of Montana have an interest in preserving and protecting objects of scientific, historic, artistic, or cultural value and making them accessible to the public. The purpose of this part is to serve this interest by establishing a uniform procedure for lenders to preserve their interests in property loaned to museums; to require lenders to notify museums of changes of address and transfers of ownership of loaned property; and to vest title to unclaimed property in the museum that holds it.
Mont. Code Ann. § 22-1-504 — MT Code / Title 22 / Chapter 1 / Part 5 / Section 22-1-504
22-1-504 Duties of librarian -- library staff state employees
Status: in_force

22-1-504 . Duties of librarian -- library staff state employees. (1) The librarian shall develop and maintain an adequate collection and services to fulfill the needs of library users and shall establish procedures for the maintenance and control of the collection.

(2) The members of the staff of the state law library, except the librarian, are employees of the judicial branch of state government, are subject to classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under 3-1-130 , and must receive state employee benefits and expenses as provided in Title 2, chapter 18.
Mont. Code Ann. § 22-3-522 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-522
22-3-522 Uniform Unclaimed Property Act superseded
Status: in_force

22-3-522 . Uniform Unclaimed Property Act superseded. The provisions of this part supersede the provisions of Title 70, chapter 9, except that at its option, a museum may report property that has been on loan unclaimed by its owner for more than 5 years to the department of revenue for disposition as provided in Title 70, chapter 9.
Mont. Code Ann. § 22-3-803 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-803
22-3-803 Definitions
Status: in_force

22-3-803 . Definitions. As used in this part, the following definitions apply:

(1) "Board" means the burial preservation board established in 22-3-804 .

(2) "Burial material" means any item found at the burial site or with the human skeletal remains and directly associated with the burial or burial site.

(3) "Burial site" means, except for cemeteries and graveyards protected under existing state law, any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains were intentionally deposited as a part of the death rites or ceremonies of a culture.

(4) "Human skeletal remains" means any part of the human body in any state of decomposition taken from a burial site.

(5) "Marked, unmarked, unrecorded, registered, or unregistered grave or burial ground" means any place, except a cemetery or graveyard protected under existing state law, where human skeletal remains are or have been interred.

(6) "Scientifically justifiable" means that the human skeletal remains or burial material has a potential to address specific research questions in the science of anthropology, history, or biology.

(7) "Tribal group" means an Indian tribe recognized by the United States secretary of the interior or recognized as a tribe by other Indian nations.
Mont. Code Ann. § 22-1-201 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-201
22-1-201 State library authorized
Status: in_force

22-1-201 . State library authorized. The state library commission shall maintain and operate a state library to be located in Helena.
Mont. Code Ann. § 22-1-326 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-326
22-1-326 State aid to public libraries
Status: in_force

22-1-326 . State aid to public libraries. (1) As used in 22-1-326 through 22-1-331 , "public library" means a library created under Title 7 or under 22-1-301 through 22-1-317 or an accredited tribal college library that provides services to the public.

(2) As provided in 22-1-325 through 22-1-329 , the commission shall administer state aid to public libraries and public library districts created and operated under part 7 of this chapter. The purposes of state aid are to:

(a) broaden access to existing information by strengthening public libraries and public library districts;

(b) augment and extend services provided by public libraries and public library districts; and

(c) permit new types of library services based on local need.

(3) Money appropriated for the purposes of this section may not be used to supplant general operating funds of recipient public libraries or public library districts. The commission may withhold a distribution to a library or district that receives less support from a mill levy or local government appropriation than its average for the preceding 3 fiscal years if the decrease may reasonably be linked to money received or expected to be received under 22-1-325 through 22-1-329 .
Mont. Code Ann. § 22-3-302 — MT Code / Title 22 / Chapter 3 / Part 3 / Section 22-3-302
22-3-302 Use of building
Status: in_force

22-3-302 . Use of building. The veterans' and pioneers' memorial building shall constitute a perpetual memorial to the war veterans and the pioneers of Montana, and said building shall be devoted to the use of the united Spanish war veterans of Montana, the veterans of foreign wars of Montana, the American legion of Montana, the disabled American veterans of Montana, the World War I veterans of Montana, the Montana historical society, the society of Montana pioneers, and the sons and daughters of Montana pioneers and for the housing of books, records, documents, and other property of such veterans and organizations; and there shall be provided in said building appropriate office quarters for the state headquarters and officers and employees of such veterans and organizations and for the librarian and other employees of the Montana historical society.
Mont. Code Ann. § 22-1-316 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-316
22-1-316 Joint city-county library
Status: in_force

22-1-316 . Joint city-county library. (1) A county and any city or cities within the county, by action of their respective governing bodies, may join in establishing and maintaining a joint city-county library under the terms of a contract agreed upon by all parties.

(2) The expenses of a joint city-county library must be apportioned between or among the county and cities on the basis agreed upon in the contract.

(3) Subject to 15-10-420 , the governing body of any city or county entering into a contract may levy a special tax as provided in 22-1-304 for the establishment and operation of a joint city-county library.

(4) The treasurer of the county or of a participating city within the county, as provided in the contract, has custody of the funds of the joint city-county library, and the other treasurers of the county or cities joining in the contract shall transfer quarterly to the designated treasurer all money collected for the joint city-county library.

(5) The contract must provide for the disposition of property upon dissolution of the joint city-county library.
Mont. Code Ann. § 22-3-1306 — MT Code / Title 22 / Chapter 3 / Part 13 / Section 22-3-1306
22-3-1306 Priorities for funding -- rulemaking
Status: in_force

22-3-1306 . Priorities for funding -- rulemaking. (1) The department of commerce shall make recommendations for grants awarded under the historic preservation grant program to eligible entities for the preservation of historic sites, historical societies, or history museums in the state.

(2) Projects funded under this section must provide that a significant portion of the facility be open to public access and use. Projects that confer a limited public benefit are not eligible.

(3) The recommendations must be based on competitive criteria created by the department, as guided by the legislature. The criteria may include:

(a) the degree to which the project will protect:

(i) the building envelope, consisting of the structure's walls, roof, doors and windows, and foundation; and

(ii) its internal utility systems, including electricity, plumbing, and heat;

(b) the degree of economic stimulus or economic activity, including job creation and work creation for Montana contractors and service workers;

(c) the purpose of the project, including whether it provides features that establish or enhance security, climate control, or fire protection for museums or address infrastructure, maintenance, or building code issues at historic sites;

(d) the timing of the project, including access to matching funds, if needed, and approval of permits so that work can be completed without delay;

(e) the historic or heritage value related to the state of Montana;

(f) the successful track record or experience of the organization directing the project;

(g) the anticipated public benefit, including the extent the site or building will be open to the public and the degree of immediate facility use after project completion; and

(h) the degree of local contribution to the project. For-profit entities must provide a match equal to $1 for every $1 of grant funding received.

(4) The department of commerce shall adopt rules necessary to implement the historic preservation grant program. In adopting rules, the department shall look to the rules adopted for the Montana coal endowment program, the cultural and aesthetic grant program, and other similar state programs. To the extent feasible, the department shall make the rules compatible with those other programs.

(5) Government applicants shall comply with Article II, sections 8 and 9, of the Montana constitution and with Title 2, chapter 3, parts 1 and 2, and Title 7. Nongovernment applicants are exempt from this provision.
Mont. Code Ann. § 22-3-105 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-105
22-3-105 Compensation and expenses of trustees
Status: in_force

22-3-105 . Compensation and expenses of trustees. Each member of the board of trustees shall be compensated and receive travel expenses as provided for in 2-15-124 .
Mont. Code Ann. § 22-2-504 — MT Code / Title 22 / Chapter 2 / Part 5 / Section 22-2-504
22-2-504 Subsequent sale -- payment to consignor
Status: in_force

22-2-504 . Subsequent sale -- payment to consignor. A work of fine art received as a consignment remains trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee's own account, until the price is paid in full to the consignor. If the work is resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance due to the consignor and the trusteeship continues until the fiduciary obligation of the consignee with respect to the transaction is discharged in full.
Mont. Code Ann. § 22-3-301 — MT Code / Title 22 / Chapter 3 / Part 3 / Section 22-3-301
22-3-301 Veterans' and pioneers' memorial building
Status: in_force

22-3-301 . Veterans' and pioneers' memorial building. There is a veterans' and pioneers' memorial building located in Helena.
Mont. Code Ann. § 22-2-503 — MT Code / Title 22 / Chapter 2 / Part 5 / Section 22-2-503
22-2-503 Agency relationship -- trust property
Status: in_force

22-2-503 . Agency relationship -- trust property. A consignment of a work of fine art results in the following:

(1) The art dealer, after delivery of the work of fine art, is an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art within the state of Montana. This relationship must be defined in writing and renewed at least every 3 years by the art dealer and the artist. It is the responsibility of the artist to identify clearly the work of art by securely attaching identifying marking to or clearly signing the work of art.

(2) The work of fine art constitutes property held in trust by the consignee for the benefit of the consignor and is not subject to claim by a creditor of the consignee.

(3) The consignee is responsible for the loss of or damage to the work of fine art while in the possession of or on the premises of the consignee.

(4) The proceeds from the sale of the work of fine art constitute funds held in trust by the consignee for the benefit of the consignor. The proceeds must first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.
Mont. Code Ann. § 22-1-212 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-212
22-1-212 Administration of state publications depository library program -- rulemaking
Status: in_force

22-1-212 . Administration of state publications depository library program -- rulemaking. (1) The state library shall administer a state publications depository library program to identify, acquire, catalog, preserve, and provide access to state publications.

(2) The state library may enter into contracts with other libraries to carry out the provisions of the state publications depository library program.

(3) The state library commission shall adopt rules necessary to carry out the provisions of this part.
Mont. Code Ann. § 22-2-102 — MT Code / Title 22 / Chapter 2 / Part 1 / Section 22-2-102
22-2-102 Membership of council -- appointment
Status: in_force

22-2-102 . Membership of council -- appointment. The Montana arts council consists of 15 members appointed by the governor, by and with the consent of the senate. Insofar as possible, the governor shall appoint members from the various geographical areas of the state who have a keen interest in one or more of the arts and a willingness to devote time and effort in the public interest.
Mont. Code Ann. § 22-2-407 — MT Code / Title 22 / Chapter 2 / Part 4 / Section 22-2-407
22-2-407 State ownership of work of art
Status: in_force

22-2-407 . State ownership of work of art. The state must obtain sole ownership of each work of art acquired for display under this part, including all tangible rights and privileges, subject to the artist's right to claim authorship of the work of art.
Mont. Code Ann. § 22-1-710 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-710
22-1-710 Dissolution of public library district
Status: in_force

22-1-710 . Dissolution of public library district. (1) A public library district may be dissolved after an election on the question of dissolving the district. The process of dissolving the district may be initiated by a petition of 15% of the electorate of the district or by a resolution of intent to dissolve the district adopted by either the board of trustees or the governing body of the county in which territory of the district is located.

(2) On receipt of a petition that has been certified by the county clerk as sufficient under this section or upon adoption of a resolution of intent, the county governing body shall hold a public hearing on the question of dissolving the public library district. Notice of the hearing must be published as provided in 7-1-2121 .

(3) At the public hearing, the county governing body shall hear testimony of interested persons regarding the dissolution of the public library district. After the public hearing, the county governing body may either submit the question of dissolving the district to the electorate of the district or it may call for a public hearing on the question of altering the boundaries of the district. If the county governing body calls for a public hearing on the question of altering the boundaries of the district by the withdrawal of territory, it shall publish notice of the hearing as provided in 7-1-2121 . The notice must state the boundaries of the area proposed to be withdrawn from the district. After hearing testimony at the hearing, the county governing body may submit the question of either dissolving the district or altering the district by the withdrawal of specified territory from the district to the electorate of the district.

(4) The question must be submitted by a resolution calling for an election on either dissolving the public library district or altering the boundaries of the district by the withdrawal of land from the district. The county governing body shall schedule and conduct the election in accordance with Title 13, chapter 1, part 5.

(5) The question of withdrawal of territory under this section must be voted on separately by the electorate of the territory to be withdrawn and the electorate of the balance of the territory of the public library district. The question fails unless a simple majority of those voting on the question in each of the two territories authorize altering the district boundary. If the question passes, the boundary alteration is effective the following January 1. If the question fails, the county governing body shall by resolution call for an election on the question of dissolving the district.
Mont. Code Ann. § 22-3-110 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-110
22-3-110 Decor of quarters
Status: in_force

22-3-110 . Decor of quarters. The offices, library, museums and galleries, and quarters for the activities of the society in the veterans' and pioneers' memorial building shall be decorated, fitted, furnished, and maintained in dignity and in harmony with the purposes of the society. All furniture and fittings for storage and the use of the library shall be, in design and function, adapted to the efficient and dignified operation and administration of the activities of the society.
Mont. Code Ann. § 22-3-902 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-902
22-3-902 Legislative findings and intent
Status: in_force

22-3-902 . Legislative findings and intent. (1) The legislature of the state of Montana finds that:

(a) since July 1, 1991, and passage of the Human Skeletal Remains and Burial Site Protection Act, Montana law has provided a mechanism to protect marked, unmarked, unrecorded, registered, or unregistered graves or burial grounds discovered on state and private land from pilferage, disturbance, and destruction in an effort to provide equal protection and respect for all burial sites, human skeletal remains, and funerary objects;

(b) despite the state's success in balancing the interests of those persons who have tribal, kinship, cultural, or religious affiliation with a burial site with the interests of scientists, agencies, law enforcement, and private landowners, the 1991 Human Skeletal Remains and Burial Site Protection Act did not provide a mechanism to repatriate culturally affiliated human skeletal remains or funerary objects that were taken from burial sites prior to July 1, 1991;

(c) funerary objects interred with culturally affiliated human skeletal remains are not abandoned when interred. Discoverers, therefore, have no right of ownership, and they cannot confer a right of ownership to another because the person who interred funerary objects with the deceased did not through interment abandon a property interest in the objects, but intended for those objects to remain with the deceased.

(d) the state of Montana has an obligation to avoid infringing upon the right to religious beliefs and practices guaranteed to all citizens under the free exercise clause of the first amendment of the United States constitution and under Article II, section 4, of the Montana constitution and to preserve the cultural integrity of American Indian citizens recognized by the state under Article X, section 1(2), of the Montana constitution;

(e) the state of Montana acknowledges the paramount privacy right of a tribal group, lineal descendant, next of kin, agency, or museum to protect sensitive and sacred information that may be required to be disclosed to demonstrate cultural affiliation or lineal descent and therefore authorizes the protection of that information to the full extent allowed by the Montana constitution; and

(f) the state of Montana acknowledges the right of an agency, museum, or person to maintain possession or control of human skeletal remains or funerary objects that are currently under scientific study or that require testing prior to the effective date of the board's determination regarding repatriation.

(2) It is the intent of the legislature to:

(a) provide a consistent state policy to ensure that all human skeletal remains and all funerary objects interred with those human skeletal remains be treated with dignity and respect;

(b) encourage voluntary disclosure and repatriation of culturally affiliated human skeletal remains and funerary objects by an agency, museum, or person;

(c) provide a mechanism to provide for repatriation of human skeletal remains and funerary objects to a tribal group, lineal descendant, or next of kin establishing cultural affiliation with those human skeletal remains or funerary objects that were taken from unprotected burial sites prior to July 1, 1991, and that are currently in the possession or control of an agency, museum, or person in this state; and

(d) protect the right of privacy guaranteed to tribal groups, lineal descendants, next of kin, agencies, or museums regarding the disclosure of sacred or religious information to the full extent allowed by the Montana constitution.
Mont. Code Ann. § 22-1-211 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-211
22-1-211 Definitions
Status: in_force

22-1-211 . Definitions. As used in this part, the following definitions apply:

(1) "Depository library" means a library contracted by the state library under 22-1-212 (2) to provide the general public access to state publications.

(2) "State agency" means any entity established or authorized by law to govern operations of the state, such as a state office, officer, department, division, section, bureau, board, commission, council, and agency of the state and all subdivisions of each.

(3) (a) "State publication" means any information originating in or produced by the authority of a state agency or at the total or partial expense of a state agency that the agency intends to distribute outside the agency, regardless of format or medium, source or copyright, license, or trademark.

(b) The term does not include information intended only for distribution to contractors or grantees of the agency, persons within the agency, or members of the public under 2-6-1003 or information produced by a state agency that is intended strictly for internal administrative or operational purposes.
Mont. Code Ann. § 22-1-101 — MT Code / Title 22 / Chapter 1 / Part 1 / Section 22-1-101
22-1-101 State library commission established
Status: in_force

22-1-101 . State library commission established. (1) There is a state library commission.

(2) This commission is composed of the following members:

(a) the state superintendent of public instruction or the superintendent's designee;

(b) five persons appointed by the governor, who shall serve staggered terms of 3 years; and

(c) a librarian appointed by the commissioner of higher education from one of the six units of the Montana university system, who shall serve a term of 3 years.

(3) The commission shall annually elect a presiding officer from its membership.

(4) The members of the commission must be compensated and receive travel expenses as provided for in 2-15-124 .
Mont. Code Ann. § 22-3-901 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-901
22-3-901 Short title
Status: in_force

22-3-901 . Short title. This part may be cited as the "Montana Repatriation Act".
Mont. Code Ann. § 22-3-914 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-914
22-3-914 Closure of hearings
Status: in_force

22-3-914 . Closure of hearings. To the extent allowed by Montana law, the board shall, upon the request of either party or an intervenor, close any part of a board hearing or any part of a hearing under 22-3-913 to the public if the board finds that information required at the hearing may include identification of the specific location of a burial site that may lead to compromise of a burial site, human skeletal remains, or funerary objects or that information necessary for a determination regarding repatriation may compromise or interfere with any religious practice or custom.
Mont. Code Ann. § 22-3-921 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-921
22-3-921 Exclusions
Status: in_force

22-3-921 . Exclusions. The provisions of this part do not apply to any lithic material or other artifacts of nonhuman derivation removed from the Anzick site (known as Montana historical site No. 24PA506) on or before July 1, 1991, regardless of where the material or artifacts are located or by whom the material or artifacts are controlled or possessed.
Mont. Code Ann. § 22-3-102 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-102
22-3-102 Definitions
Status: in_force

22-3-102 . Definitions. As used in this part, the following definitions apply:

(1) "Committee" means the executive committee of the board of trustees of the Montana historical society.

(2) "Historic records" means manuscripts, papers, maps, charts, journals, diaries, photographs, business records, voice recordings, films, video tapes, or other records illustrative of the history of Montana in particular and generally of the region.

(3) "Historic records network" means an agreement between the Montana historical society and the Montana university system to facilitate exchange and cooperation in the use, acquisition, and preservation of historic records.

(4) "Society" means the Montana historical society and includes:

(a) the historical library and its contents;

(b) any museums and art galleries and their contents acquired by the trustees;

(c) any historical places, sites, or monuments acquired or developed by the society;

(d) any divisions, departments, and activities operated in conjunction with the historical library as are established by the trustees; and

(e) any books, papers, maps, charts, manuscripts, photographs, writings, records, objects of history and art, paintings, engravings, relics, collections of artifacts and minerals, furniture, or fixtures acquired by the trustees.

(5) "Trustees" means the board of trustees of the Montana historical society.
Mont. Code Ann. § 22-3-504 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-504
22-3-504 Loans for an indefinite term
Status: in_force

22-3-504 . Loans for an indefinite term. (1) If a museum accepts a loan of property for an indefinite term or for a term longer than 7 years, the museum must inform the lender in writing at the time of the loan of the provisions of this part.

(2) For the purposes of this part, a loan for a specified term becomes a loan for an indefinite term if the property remains in the custody of the museum after the specified term expires.
Mont. Code Ann. § 22-1-231 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-231
22-1-231 Enterprise fund account for state reference network operations
Status: in_force

22-1-231 . Enterprise fund account for state reference network operations. (1) There is an account of the enterprise fund type, as described in 17-2-102 (2)(a), to be known as the Montana state reference network account.

(2) (a) The account is to the credit of the state library and is to be used for operation of the state reference network. All fees collected by the state library for the use of the state reference network must be deposited in the account to be used for state reference network operations by the state library.

(b) Revenue collected from fees for the use of the state reference network pursuant to 22-1-230 must be deposited in the account.

(c) All interest and earnings on money deposited in the account must be credited to the account and used for state reference network operations by the state library.
Mont. Code Ann. § 22-3-603 — MT Code / Title 22 / Chapter 3 / Part 6 / Section 22-3-603
22-3-603 Management of historic sites and buildings -- contracts
Status: in_force

22-3-603 . Management of historic sites and buildings -- contracts. (1) The Montana historical society may accept gifts, grants, bequests, or contributions of money, property, labor, or materials for use in the operation, maintenance, repair, preservation, or renovation of any historic site or building owned by the state of Montana.

(2) The Montana historical society may contract with a local nonprofit corporation for the operation, maintenance, preservation, repair, or renovation of any historic site or building owned by the state. The nonprofit corporation may not be considered a public agency for purposes of Title 18, except for the provisions in chapter 2, part 2, or for the purposes of other statutes applicable to the historical society if 25% of the total annual expenses for all costs of operation, maintenance, repair, preservation, and renovation of the historic site or building is provided by in-kind or donated labor or materials by or on behalf of the contracting local nonprofit corporation. The nonprofit corporation shall conform to the provisions of Title 18, chapter 2, part 2, and Title 35, chapter 2.

(3) A contract may not be entered into or any other obligation incurred for the purposes in subsection (1) until money has been appropriated by the legislature or is otherwise available. If funds are otherwise available, Title 18, chapter 2, parts 1, 3, and 4, are not applicable.

(4) The Montana historical society may require a corporation managing a property pursuant to subsection (2) to deposit in a local financial institution all profits, revenue, royalties, or fees received or all gifts, grants, bequests, or other contributions collected by the corporation for the benefit of the property. All funds must be accounted for pursuant to the management contract and reviewed biennially by the society or its designee, and expenditures of the funds may be used only for the operation, maintenance, preservation, repair, renovation, and management of the property. The Montana historical society or its designee may conduct an audit of the funds when determined necessary by the society.
Mont. Code Ann. § 22-3-202 — MT Code / Title 22 / Chapter 3 / Part 2 / Section 22-3-202
22-3-202 Archives created -- appointment, duties, and compensation of archivist
Status: in_force

22-3-202 . Archives created -- appointment, duties, and compensation of archivist. There is a state archives in the Montana historical society for the preservation of noncurrent records of permanent value to the state and local governments and for records management. The director of the Montana historical society shall appoint a state archivist, who serves at the pleasure of the director, define the archivist's duties, and fix the archivist's compensation with the approval of the board of trustees of the Montana historical society.
Mont. Code Ann. § 22-1-1111 — MT Code / Title 22 / Chapter 1 / Part 11 / Section 22-1-1111
22-1-1111 Penalty
Status: in_force

22-1-1111 . Penalty. Any person who violates 22-1-1103 is guilty of a misdemeanor and is liable to the person identified in a record that is improperly released or disclosed. The person identified may bring a civil action for actual damages or $100, whichever is greater. Reasonable attorney fees and the costs of bringing the action may be awarded to the prevailing party.
Mont. Code Ann. § 22-1-314 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-314
22-1-314 Continued existence of all public libraries
Status: in_force

22-1-314 . Continued existence of all public libraries. All public libraries heretofore established shall continue in existence, subject to the changes in administration provided herein.
Mont. Code Ann. § 22-3-1001 — MT Code / Title 22 / Chapter 3 / Part 10 / Section 22-3-1001
22-3-1001 Purpose
Status: in_force

22-3-1001 . Purpose. The purpose of this part is to manage, on behalf of the state, properties that possess outstanding historical value, display exceptional qualities worth preserving, and are genuinely representative of the state's culture and history. The Montana heritage preservation and development commission shall achieve this purpose by managing the properties for which it is responsible in a manner that protects the properties and encourages economic stability.
Mont. Code Ann. § 22-2-401 — MT Code / Title 22 / Chapter 2 / Part 4 / Section 22-2-401
22-2-401 Short title
Status: in_force

22-2-401 . Short title. This part may be cited as the "Percent-for-Art Act".
Mont. Code Ann. § 22-3-1308 — MT Code / Title 22 / Chapter 3 / Part 13 / Section 22-3-1308
22-3-1308 Exemption from environmental review
Status: in_force

22-3-1308 . Exemption from environmental review. The department of commerce is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, administering a grant program, or creating a grant program related to historic preservation pursuant to this part.
Mont. Code Ann. § 22-3-111 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-111
22-3-111 Financing of society
Status: in_force

22-3-111 . Financing of society. The society may engage in such fundraising drives and public contribution campaigns as will contribute to its continued development and support. It may produce, reproduce, sell, or exchange art objects, film, books, photographs, magazines, pamphlets, and museum objects which are appropriate and will bring credit to the society and to Montana. It may also receive fees, commissions, and royalties on the display and sale of arts and crafts. All profits, revenues, royalties, or fees received in any such manner shall be deposited in the state treasury and may not be used for any purposes other than the improvement, development, and operation of the society.
Mont. Code Ann. § 22-2-103 — MT Code / Title 22 / Chapter 2 / Part 1 / Section 22-2-103
22-2-103 Council membership -- tenure -- compensation
Status: in_force

22-2-103 . Council membership -- tenure -- compensation. The term of office of each member is 5 years. The governor shall designate a presiding officer and a vice presiding officer from the members of the council to serve in those capacities at the pleasure of the governor. Each vacancy must be filled for the balance of the unexpired term in the same manner as the original appointment. The members of the council must be compensated and receive travel expenses as provided for in 2-15-124 .
Mont. Code Ann. § 22-3-505 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-505
22-3-505 Manner of giving notice to lender
Status: in_force

22-3-505 . Manner of giving notice to lender. When the provisions of this part require a museum to give notice to a lender, the museum is considered to have given notice if the museum mails the notice to the lender at the lender's address and proof of receipt is received by the museum within 30 days from the date the notice was mailed. If the museum does not have a current address for the lender or if proof of receipt is not received by the museum, notice is considered given if the museum publishes it at least once a week for 3 consecutive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender's most recent address as shown on the museum's records.
Mont. Code Ann. § 22-2-310 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-310
22-2-310 Prioritization of cultural and aesthetic projects grant awards -- criteria
Status: in_force

22-2-310 . Prioritization of cultural and aesthetic projects grant awards -- criteria. After the cultural and aesthetic projects advisory committee provided for in 2-15-1521 has reviewed the applications to ensure compliance and determine whether the application meets the committee's criteria for funding, the committee shall rank the projects by two criteria as follows:

(1) the status of an applicant's previous grant awards, for which:

(a) first priority will be given to qualified applicants who have not previously received an award;

(b) second priority will be given to applicants who have received one grant award in the previous three funding cycles;

(c) third priority will be given to applicants who have received two grant awards in the previous three funding cycles; and

(d) fourth priority will be given to applicants who have received three grant awards in the previous three funding cycles; and

(2) the size of an applicant's annual operating budget, for which:

(a) first priority will be given to applicants whose total annual operating budget is less than $99,999;

(b) second priority will be given to applicants whose total annual operating budget ranges between $100,000 and $249,999;

(c) third priority will be given to applicants whose total annual operating budget ranges between $250,000 and $499,999; and

(d) fourth priority will be given to applicants whose total annual operating budget is equal to or greater than $500,000.

(3) Between each funding cycle, the committee, in consultation with the budget director, shall increase the budget limits established in subsection (2) to account for inflation.
Mont. Code Ann. § 22-1-309 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-309
22-1-309 Trustees -- powers and duties
Status: in_force

22-1-309 . Trustees -- powers and duties. The library board of trustees shall have exclusive control of the expenditure of the public library fund, of construction or lease of library buildings, and of the operation and care of the library. The library board of trustees of every public library shall:

(1) adopt bylaws and rules for its own transaction of business and for the government of the library, not inconsistent with law;

(2) establish and locate a central public library and may establish branches thereof at such places as are deemed necessary;

(3) have the power to contract, including the right to contract with regions, counties, cities, school districts, educational institutions, the state library, and other libraries, to give and receive library service, through the boards of such regions, counties, and cities and the district school boards, and to pay out or receive funds to pay costs of such contracts;

(4) have the power to acquire, by purchase, devise, lease or otherwise, and to own and hold real and personal property in the name of the city or county or both, as the case may be, for the use and purposes of the library and to sell, exchange or otherwise dispose of property real or personal, when no longer required by the library and to insure the real and personal property of the library;

(5) pay necessary expenses of members of the library staff when on business of the library;

(6) prepare an annual budget, indicating what support and maintenance of the public library will be required from public funds, for submission to the appropriate agency of the governing body. A separate budget request shall be submitted for new construction or for capital improvement of existing library property.

(7) make an annual report to the governing body of the city or county on the condition and operation of the library, including a financial statement. The trustees shall also provide for the keeping of such records as shall be required by the Montana state library in its request for an annual report from the public libraries and shall submit such an annual report to the state library.

(8) have the power to accept gifts, grants, donations, devises, or bequests of property, real or personal, from whatever source and to expend or hold, work, and improve the same for the specific purpose of the gift, grant, donation, devise, or bequest. These gifts, grants, donations, devises, and bequests shall be kept separate from regular library funds and are not subject to reversion at the end of the fiscal year.

(9) exercise such other powers, not inconsistent with law, necessary for the effective use and management of the library.
Mont. Code Ann. § 22-3-510 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-510
22-3-510 Notice of intent to terminate loan
Status: in_force

22-3-510 . Notice of intent to terminate loan. A museum may give the lender notice of its intent to terminate a loan made for an indefinite term or for a term longer than 7 years. A notice of intent to terminate a loan must include the lender's name, the lender's most recent address as shown on the museum's records, the date of the loan, and the name, address, and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan. In addition, it must include a statement containing substantially the following information:

The records of................................

(name of museum)

indicate that you have property on loan to it. The institution wishes to terminate the loan. You must contact the institution, establish your ownership of the property, and make arrangements to collect the property. If you fail to do so, you will be considered to have donated the property to the institution. See 22-3-504 , MCA.
Mont. Code Ann. § 22-1-218 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-218
22-1-218 Exemptions
Status: in_force

22-1-218 . Exemptions. (1) This part does not apply to:

(a) the state law library in connection with the collection described under 22-1-501 ;

(b) the code commissioner in connection with duties under Title 1, chapter 11, as amended; and

(c) the legislative services division in connection with duties under 5-11-203 , as amended; and

(d) the Montana university system.

(2) The state library may, at its option and without causing the university system to incur expense, collect, catalog, and make available selected publications of units of the Montana university system.
Mont. Code Ann. § 22-2-105 — MT Code / Title 22 / Chapter 2 / Part 1 / Section 22-2-105
22-2-105 Administrative officers and employees -- compensation
Status: in_force

22-2-105 . Administrative officers and employees -- compensation. The council may employ, and at pleasure remove, administrative officers and other employees as may be needed and fix their compensation within the amounts made available for such purposes.
Mont. Code Ann. § 22-2-311 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-311
22-2-311 Acquisition of federal system for award management number
Status: in_force

22-2-311 . Acquisition of federal system for award management number. Grant applicants for a cultural or aesthetic project whose total program budget does not exceed $100,000 and who do not receive or use federal funds to operate may request a waiver from the committee for the requirement to obtain a federal system for award management number, or SAMs number, if complying with the requirement would be burdensome. The committee may not unreasonably withhold the waiver.
Mont. Code Ann. § 22-1-502 — MT Code / Title 22 / Chapter 1 / Part 5 / Section 22-1-502
22-1-502 Location -- control by board of trustees
Status: in_force

22-1-502 . Location -- control by board of trustees. The state law library of the state of Montana shall be located in Helena, Montana, and shall be in the immediate custody and subject to the control of a board of trustees consisting of the chief justice and the justices of the supreme court of the state of Montana.
Mont. Code Ann. § 22-2-402 — MT Code / Title 22 / Chapter 2 / Part 4 / Section 22-2-402
22-2-402 Purpose
Status: in_force

22-2-402 . Purpose. The state of Montana, in recognition of its responsibility to create a more humane environment of distinction, enjoyment, and pride for all its citizens and in recognition that public art is a resource that stimulates the vitality and economy of the state's communities and provides opportunity for artists and other skilled workers to practice their crafts, declares that a portion of the funds for the construction or renovation of appropriate state buildings be allocated for the acquisition of works of art for such buildings.
Mont. Code Ann. § 22-1-305 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-305
22-1-305 Library depreciation reserve fund authorized
Status: in_force

22-1-305 . Library depreciation reserve fund authorized. The governing body of any city or county or a combination of city and county in Montana may establish a library depreciation reserve fund for the replacement and acquisition of property, capital improvements, and equipment necessary to maintain and improve city, county, or city-county library services.
Mont. Code Ann. § 22-3-432 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-432
22-3-432 Antiquities permits
Status: in_force

22-3-432 . Antiquities permits. (1) A person may not excavate, remove, or restore any heritage property or paleontological remains on lands owned by the state without first obtaining an antiquities permit from the historic preservation officer.

(2) Antiquities permits are to be granted only after careful consideration of the application for a permit and after consultation with the appropriate state agency. Permits are subject to strict compliance with the following guidelines:

(a) Antiquities permits may be granted only for work to be undertaken by reputable museums, universities, colleges, or other historical, scientific, or educational institutions, societies, or persons with a view toward dissemination of knowledge about cultural properties, provided a permit may not be granted unless the historic preservation officer is satisfied that the applicant possesses the necessary qualifications to guarantee the proper excavation of those sites and objects that may add substantially to knowledge about Montana and its antiquities.

(b) The antiquities permit must specify that a summary report of the investigations, containing relevant maps, documents, drawings, and photographs, must be submitted to the historic preservation officer. The historic preservation officer shall determine the appropriate time period allowable between all work undertaken and submission of the summary report.

(3) All heritage property and paleontological remains collected under an antiquities permit are the permanent property of the state and must be deposited in museums or other approved institutions within the state or may be loaned to qualified institutions outside the state. These procedures must consider the needs of approved in-state museums or institutions that are most proximate to excavation. For fossils that do not meet scientific criteria as significant, approval may not be unreasonably withheld.

(4) An antiquities permit is not a substitution for any other type of permit that a state agency may require for other purposes.
Mont. Code Ann. § 22-2-405 — MT Code / Title 22 / Chapter 2 / Part 4 / Section 22-2-405
22-2-405 Display of works of art
Status: in_force

22-2-405 . Display of works of art. The works of art acquired under the provisions of this part may be an integral part of or attached to the new state building or may be displayed on the parcel of land on which the new state building is located. The works of art must be so located that they are in public view.
Mont. Code Ann. § 22-3-1303 — MT Code / Title 22 / Chapter 3 / Part 13 / Section 22-3-1303
22-3-1303 Account -- Montana heritage center construction
Status: in_force

22-3-1303 . Account -- Montana heritage center construction. There is an account in the capital projects fund established in 17-2-102 known as the Montana heritage center construction account. The tax collections allocated in 15-68-820 (3)(a) must be deposited in the account until December 31, 2024. The money in the account is authorized to the department of administration and may be used only for capital construction of the Montana heritage center.
Mont. Code Ann. § 22-2-301 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-301
22-2-301 Cultural and aesthetic projects grants
Status: in_force

22-2-301 . Cultural and aesthetic projects grants. (1) Any person, association, or representative of a governing unit seeking a grant for a cultural or aesthetic project from the income of the trust fund created in 15-35-108 must submit a grant proposal to the cultural and aesthetic projects advisory committee, in care of the Montana arts council, by August 1 of the year preceding the convening of a regular legislative session.

(2) Grant proposals must be for the purpose of protecting works of art in the state capitol or other cultural and aesthetic projects.
Mont. Code Ann. § 22-1-330 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-330
22-1-330 Commission rulemaking authority
Status: in_force

22-1-330 . Commission rulemaking authority. The commission may adopt rules and procedures for:

(1) the distribution of state aid to public libraries and public library districts on a per capita and per square mile basis, as provided in 22-1-327 ;

(2) the statewide library access program provided for in 22-1-329 ;

(3) the statewide interlibrary resource-sharing program provided for in 22-1-328 ;

(4) distribution of base grants provided for in 22-1-331 ; and

(5) the composition of the library federation board of trustees, as provided in 22-1-404 .
Mont. Code Ann. § 22-1-602 — MT Code / Title 22 / Chapter 1 / Part 6 / Section 22-1-602
22-1-602 Executive officer of state library commission as administrator
Status: in_force

22-1-602 . Executive officer of state library commission as administrator. The executive officer of the state library commission shall be the compact administrator of the Interstate Library Compact.
Mont. Code Ann. § 22-2-308 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-308
22-2-308 Application procedure -- grant criteria
Status: in_force

22-2-308 . Application procedure -- grant criteria. (1) A grant for a facility owned and operated by a county or municipality must require financial support for the facility from the county or municipality. A grant for a facility owned by a county or municipality but operated by a nonprofit organization is expected to have financial support from the county or municipality, but must have, at a minimum, in-kind support for the facility from the county or municipality. The grant application form, which must be prescribed by the Montana arts council, must request specific information about the level of local support for the project and the facility.

(2) An applicant for a historic preservation project shall cooperate with the state historic preservation office. A letter from the state historic preservation office, stating any agreements reached with the applicant, must be received by the Montana arts council before the grant funds may be released.
Mont. Code Ann. § 22-3-429 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-429
22-3-429 Requests for consultation -- public notice -- appeal of findings
Status: in_force

22-3-429 . Requests for consultation -- public notice -- appeal of findings. (1) A federal or state entity that acts upon a proposed federal or state action or an application for a federal, state, or local permit, license, lease, or funding may request the views of the historic preservation officer concerning:

(a) the recommended eligibility for a register listing of any heritage property or paleontological remains;

(b) the effects of a proposed action, activity, or undertaking on heritage property or remains that are found to be eligible for register listing; and

(c) the appropriateness of a proposed plan for the avoidance or mitigation of effects.

(2) A request for comment pursuant to 16 U.S.C. 470f may be made simultaneously with a request pursuant to subsection (1). The historic preservation officer shall respond in writing to a request within 30 calendar days of receiving the request and shall address each property in the request and each topic of the request. In the event that an agency requests simultaneous consultation for two or more criteria under this section, the agency and historic preservation officer may extend the 30-day review period by mutual agreement. If the historic preservation officer fails to comment within that time, that failure is construed as concurrence with the agency's recommendation. In the event of failure to comment on a specific undertaking, the historic preservation officer may not change a finding for a heritage property at a later date.

(3) If the proposed finding is that a heritage property or paleontological remains are involved and that a proposed activity will have an adverse impact on the property or remains, the proposed finding must address all properties or remains involved and describe the characteristics that illustrate the qualities that make the property or remains eligible for inclusion in the register. If the proposed finding includes a conclusion that a property or remains may be eligible but additional information or study is needed to reach an eligibility finding, the finding must specify the type and amount of information required in accordance with standards and guidelines as provided in 22-3-428 .

(4) At the time that the state or federal agency requests the views of the historic preservation officer as provided in subsection (1), the agency shall provide notice to the applicant, affected property owners, and other interested persons of the request for consultation and shall identify locations where the submitted materials may be reviewed.

(5) The applicant and any affected property owners have 20 days in which to appeal the historic preservation officer's finding to the director. The appeal notice must include a written statement of reasons for the appeal and any additional supporting information.

(6) The director of the historical society shall issue a final finding within 30 days of the expiration of the 20-day appeal period provided for under subsection (5). The issuance of this finding does not limit the rights of any applicant or affected property owner to challenge a finding under an existing federal law, regulation, or regulatory or administrative process.

(7) If the applicant or an affected property owner is not satisfied with the finding of the director of the historical society concerning the eligibility of the property or remains for listing in the register or a finding of adverse effect to the property, the entity or property owner may appeal the finding to the district court in a county in which affected property is located. Appeal may be taken by filing a petition with the district court citing the decision by the director of the historical society and the evidence upon which the director relied. On appeal, the district court may consider any documents supporting or not supporting the finding, the written comments received by the director of the historical society, and any additional evidence that may be submitted to the court. The district court may substitute its judgment for the judgment of the director of the historical society as to the weight of the evidence.

(8) A state agency may not require a historical or archaeological survey as a condition of applying for or receiving a state or local permit, license, lease, or funding for a project to reconstruct or maintain an irrigation ditch or appurtenant structures or equipment when the ditch or appurtenant structures or equipment are in use or have been in use within the past 10 years, if the reconstruction or maintenance will occur within the existing ditch easement and if the project is not on land owned by the state.
Mont. Code Ann. § 22-3-805 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-805
22-3-805 Discovery -- reporting requirements -- field review
Status: in_force

22-3-805 . Discovery -- reporting requirements -- field review. (1) A person who by archaeological excavation or by agricultural, mining, construction, or other ground-disturbing activity discovers human skeletal remains, a burial site, or burial material shall immediately notify the county coroner. Failure to notify the county coroner subjects a person to the penalty provided in 22-3-808 .

(2) Upon discovery of human skeletal remains, a burial site, or burial material, excavation or further disturbance must cease until the coroner has determined whether the remains are subject to the provisions of Title 46, chapter 4, or any other related provisions of law concerning the investigation of the circumstances, manner, and cause of death or whether a forensic examination of the human skeletal remains, burial site, or burial material is necessary. The coroner shall make a determination within 2 working days from the time the person responsible for the excavation notifies the coroner of the discovery or recognition of the remains. If the coroner cannot make the determination within 2 working days, the coroner shall notify a member of the board of the reason for and the approximate length of the delay. The coroner shall take all reasonable steps to make a determination without removing or causing further disturbance of the remains.

(3) If a forensic examination, action under Title 46, chapter 4, or action under any other related provisions of law concerning the investigation of the circumstances, manner, and cause of death is necessary and yields evidence of criminal activity, the evidence may be seized by the coroner or law enforcement agency with jurisdiction for use in a criminal proceeding as provided by law.

(4) If the coroner determines that the remains are not subject to the provisions of Title 46, chapter 4, or any other provisions of law concerning the investigation of the circumstances, manner, and cause of death and that a forensic examination is not necessary, the coroner shall telephone the state historic preservation officer within 24 hours. Within 24 hours of notification, the state historic preservation officer shall contact either the landowner and the board or the landowner and the board member representing the nearest reservation and notify them of the discovery of human skeletal remains, a burial site, or burial material.

(5) If the state historic preservation officer cannot be contacted, the coroner shall notify a member of the board or the law enforcement agency of the nearest reservation within 24 hours. The board or the agency shall immediately notify the landowner and the board member representing that reservation.

(6) Within 36 hours after the board receives notification of a discovery of human skeletal remains, a burial site, or burial material, the board shall designate representatives to conduct, with the permission of the landowner, an initial field review. If the field review cannot be completed within the next 36 hours, the board's representatives shall negotiate with the landowner or the landowner's representative for a reasonable time extension to complete the review. The field review must include:

(a) a determination of whether the site can be preserved;

(b) negotiation with the landowner concerning onsite reburial or disinterment and reburial; and

(c) a recommendation, including a timeframe, concerning final treatment or disposition of the human skeletal remains or burial material.

(7) If the board's representatives fail to make a recommendation or if the landowner and the board cannot agree and mediation fails to provide, within 40 days after notification to the board, a resolution acceptable to the landowner and the board, the human skeletal remains and burial materials must be removed and control is vested in the board. The board shall give control of the remains or materials in the following priority to:

(a) the descendants, if identifiable;

(b) the tribe or other cultural group that has the closest cultural affiliation with the human skeletal remains or burial materials;

(c) the tribe or other cultural group recognized as having aboriginally or historically occupied the area where the remains or materials were discovered if, upon notification by the board, the tribe or cultural group states a claim for the remains or materials; or

(d) if unclaimed by any tribe or cultural group, the board, which shall determine the appropriate disposition and oversee the reinterment of the remains and materials.

(8) For purposes of this section, "cultural group" means a present-day group or organization that has a relationship of shared group identity that can be reasonably traced historically or prehistorically to an identifiable earlier group or organization.
Mont. Code Ann. § 22-3-428 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-428
22-3-428 Heritage property -- procedures and guidelines required
Status: in_force

22-3-428 . Heritage property -- procedures and guidelines required. The historic preservation officer shall adopt standardized procedures and guidelines for inventorying, collecting data on, documenting, and evaluating all types of heritage property. In adopting the standardized procedures and guidelines, the historic preservation officer may consult with state and federal agencies experienced in reviewing and mitigating environmental and cultural impacts caused by development of properties.
Mont. Code Ann. § 22-3-1307 — MT Code / Title 22 / Chapter 3 / Part 13 / Section 22-3-1307
22-3-1307 Historic preservation grant program account
Status: in_force

22-3-1307 . Historic preservation grant program account. (1) There is an account in the state special revenue fund established in 17-2-102 known as the historic preservation grant program account. The tax collections allocated in 15-68-820 (3)(b) and (4)(c) must be deposited in the account.

(2) Money deposited in the account is subject to appropriation by the legislature and may be used only for historic preservation grants to be administered by the department of commerce.

(3) The department shall allocate and disburse historic preservation account funds as appropriated by the legislature.
Mont. Code Ann. § 22-1-501 — MT Code / Title 22 / Chapter 1 / Part 5 / Section 22-1-501
22-1-501 State law library created
Status: in_force

22-1-501 . State law library created. The library formerly known as a department of the state library of Montana and called "the law library" is a separate and distinct library designated the "state law library of the state of Montana". The collections of laws, decisions of courts, law reports, textbooks, legal periodicals, and miscellaneous books and journals together with pamphlets, papers, maps, charts, and manuscripts in the law library or belonging to the law library or acquired by or donated to the law library constitute the law library, and the title to all of the property constituting the law library must be in the state of Montana, subject to the custody and control of the library board established in 22-1-502 .
Mont. Code Ann. § 22-3-521 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-521
22-3-521 Limitation on action against the museum
Status: in_force

22-3-521 . Limitation on action against the museum. (1) No action may be brought against a museum for damages because of injury to or loss of property loaned to the museum more than 3 years from the date the museum gives the lender notice of the injury or loss or 10 years from the date of the injury or loss, whichever occurs earlier.

(2) No action may be brought against a museum to recover property on loan if more than 3 years have passed from the date the museum gave the lender notice of its intent to terminate the loan as provided in 22-3-510 .

(3) No action may be brought against a museum to recover property on loan if more than 25 years have passed from the date of the last written contact between the lender and the museum, as evidenced in the museum's records.

(4) A lender is considered to have donated loaned property to the museum if the lender fails to file an action to recover the property on loan to the museum within the periods specified in subsections (1) through (3).

(5) A person who purchases property from a museum acquires good title to the property if the museum has acquired title to the property pursuant to subsection (4).

(6) Notwithstanding subsections (3) and (4), a lender who was not given notice that the museum intended to terminate a loan and who proves that the museum received a notice of intent to preserve an interest in loaned property within the 25 years immediately preceding the filing of an action to recover the property may recover the property or, if the property has been disposed of, the reasonable value of the property at the time it was disposed of plus interest at 10% a year.
Mont. Code Ann. § 22-3-107 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-107
22-3-107 Authority of board
Status: in_force

22-3-107 . Authority of board. The powers and duties of the trustees are as follows:

(1) to elect annually from among their number a president, a vice president, and a secretary;

(2) to adopt bylaws for their own government and to make rules, not inconsistent with law, for the proper administration of the society in the interests of preserving the rich heritage of this state and its people;

(3) to appoint a director, fix the director's salary, and prescribe the director's duties and responsibilities;

(4) to create classes of memberships in the society as they consider desirable, to determine the qualifications for any class of membership, and to set the fees to be paid for memberships;

(5) to sell or exchange publications and other museum or art objects and use the money arising from sales for the operation of the society and for the acquisition of historical materials and objects of art;

(6) to sell or exchange surplus or duplicate books, surplus museum or art objects, or artifacts not pertinent to the region encompassed by the Montana historical society mission and to use the money arising from the sales exclusively for acquisitions of library, art, and museum artifacts;

(7) to see that the collections and properties of the society are maintained in good order and repair;

(8) to report to the governor and, as provided in 5-11-210 , the legislature biennially. The report must include a statement of all important transactions and acquisitions, with suggestions and recommendations for the better realization of the purposes of the society and the improvement of its collections and services.

(9) to accept, receive, and administer in the name of the society any gifts, donations, properties, securities, bequests, and legacies that may be made to the society. Money received by donation, gift, bequest, or legacy, unless otherwise provided by the donor, must be deposited in the state treasury and used for the general operation of the society.

(10) to collect, assemble, preserve, and display, when appropriate, all obtainable books, pamphlets, maps, charts, manuscripts, journals, diaries, papers, business records, paintings, drawings, engravings, photographs, statuary, models, relics, and all other materials illustrative of the history of Montana in particular and generally of the Pacific Northwest, Northern Rocky Mountain, and Northern Great Plains regions and of the United States of America when pertinent;

(11) to procure from pioneers, early settlers, and others narratives of the events relative to the early settlement of Montana, the Indian occupancy, Indian and other wars, overland travel and immigration to the territories of the west, and all other related documents of Montana's history, development, and society;

(12) to gather contemporary information, specimens, and all other materials that exhibit faithfully the distinctive historical and contemporary characteristics of the area, with particular attention to Indian, military, and pioneer artifacts and implements;

(13) to collect and preserve such natural history objects as fossils, plants, minerals, and animals;

(14) to collect and preserve books, maps, manuscripts, and other materials as will tend to facilitate historical, scientific, and antiquarian research;

(15) to promote the study of Montana history by lectures and publications;

(16) to publish a roadside history of Montana, with maps, photographs, and text that will enable tourists, citizens, and students to understand the history of the countryside seen from the state's main roads;

(17) to generally foster and encourage the fine arts and cultural activities in Montana;

(18) to receive for and on behalf of the state, by donation or otherwise, art objects of any kind and description and to exhibit and circulate the objects in Montana and elsewhere;

(19) to microfilm papers or documents in danger of disappearance or injury; and

(20) to coordinate the administration of the historic records network established in 22-3-211 .
Mont. Code Ann. § 22-3-915 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-915
22-3-915 Delay of repatriation for scientific study
Status: in_force

22-3-915 . Delay of repatriation for scientific study. (1) If repatriation is ordered after a hearing, a possessing entity may request a temporary delay in repatriation because of:

(a) scientific study being conducted on or proposed to be conducted on human skeletal remains or funerary objects in its possession or control; or

(b) good faith efforts to initiate or proceed with a scientific study of human skeletal remains or funerary objects in its possession or control.

(2) If a hearings examiner determines that a possessing entity has provided evidence supporting a good faith effort regarding scientific study, the hearings examiner shall provide a reasonable period of delay to allow completion of the study prior to repatriation.
Mont. Code Ann. § 22-3-114 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-114
22-3-114 Use of acquisitions trust funds -- principal nonexpendable -- investment of principal -- reversion of unspent revenue
Status: in_force

22-3-114 . Use of acquisitions trust funds -- principal nonexpendable -- investment of principal -- reversion of unspent revenue. (1) The principal of the acquisitions trust established in 22-3-113 is intended to be a permanent fund 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) Revenue earned by the Montana historical society from sales provided for by 22-3-107 (6) must be placed in the acquisitions trust.

(3) Interest earned on the principal of the acquisitions trust may be used only for the purpose of acquiring society library, museum, archive, and photoarchive items or collections.

(4) Revenue that is not expended on appropriate acquisitions authorized in subsection (3) and that remains at the end of each fiscal year reverts to the principal of the acquisitions 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 society from the acquisitions trust.
Mont. Code Ann. § 22-3-802 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-802
22-3-802 Legislative findings and intent
Status: in_force

22-3-802 . Legislative findings and intent. (1) The legislature of the state of Montana finds that:

(a) the state and its citizens have an obligation to protect from disturbance or destruction all human skeletal remains, burial sites, and burial material, including those in marked, unmarked, unrecorded, registered, or unregistered graves or burial grounds located on state or private lands that are not protected as cemeteries or graveyards under existing state law;

(b) marked, unmarked, unrecorded, registered, or unregistered graves or burial grounds not protected as cemeteries or graveyards under existing state law are increasingly subject to pilferage, disturbance, and destruction for commercial purposes, including land development, agriculture, mining, and the sale of artifacts;

(c) private collection of artifacts may result in the destruction of burial sites. Existing law reflects the value society places on preserving human burial sites, but the law does not clearly provide equal and adequate protection or incentives to ensure preservation and protection of all burial sites in the state regardless of ethnic origin, burial context, or age.

(d) while some human skeletal remains and burial sites may be of interest to science, the needs of the scientific community to gather information and material from burial sites must be balanced with the legal, moral, and religious rights and obligations of tribal groups, next of kin, or descendants;

(e) preservation in place is the preferred policy for all human skeletal remains, burial sites, and burial material; and

(f) notwithstanding any other provision of law, this part is the exclusive law governing the treatment of human skeletal remains, burial sites, and burial materials.

(2) It is the intent of the legislature to:

(a) ensure that all burials be accorded equal treatment and respect for human dignity without reference to ethnic origin, cultural background, or religious affiliation;

(b) provide adequate protection for all interests related to any burial site encountered during archaeological excavation or agricultural, mining, construction, or other ground-disturbing activity on state and private lands without causing avoidable or undue delay or hardship for any person who has an interest in using the land on which the burial site is located;

(c) recognize the interests, concerns, and obligations of those having a kinship, tribal, cultural, or religious affiliation with the burial site and balance those interests against the interests of scientists, landowners, and developers;

(d) provide to the board an exemption from the open meeting and public records laws when public disclosure of the location of a burial site could result in pilferage, disturbance, or destruction of the site; and

(e) recognize the need for forensic examination of human skeletal remains, burial sites, and burial material if the county coroner, county attorney, or state medical examiner determines an examination is necessary under state law.
Mont. Code Ann. § 22-1-404 — MT Code / Title 22 / Chapter 1 / Part 4 / Section 22-1-404
22-1-404 Board of trustees -- coordinator
Status: in_force

22-1-404 . Board of trustees -- coordinator. (1) In a library federation, there must be a board of trustees, with advisory powers only, appointed according to the federation's bylaws. The state library commission, provided for in 22-1-101 , shall adopt rules governing the composition of the federation board of trustees. A majority of the members of each federation board of trustees must be trustees of a public library, as defined in 22-1-326 .

(2) The federation membership shall appoint a coordinator of the federation who shall serve as a nonvoting member of the federation board of trustees.
Mont. Code Ann. § 22-3-433 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-433
22-3-433 Environmental review process
Status: in_force

22-3-433 . Environmental review process. (1) Each state agency responsible for the preparation of an environmental impact statement in accordance with the Montana Environmental Policy Act shall, as a part of its evaluation and study process, consult with and obtain the comments of the historic preservation officer concerning the identification and location of heritage properties and paleontological remains on lands owned by the state that may be adversely impacted by the proposed action. However, where the grant of an interest in state land requires the preparation of an environmental impact statement under the Montana Environmental Policy Act, the environmental impact statement shall be limited to an evaluation of the heritage properties and paleontological remains located in, on, under, and within only the affected state land.

(2) When heritage properties and paleontological remains are located and identified as described in subsection (1), the responsible state agency, in consultation with the historic preservation officer and the preservation review board, shall include as part of its environmental impact statement a plan for the avoidance or mitigation of damage to heritage properties and paleontological remains to the greatest extent practicable. Whenever necessary or appropriate, the state agency may require an applicant for a lease, permit, license, or other approval for use of land owned by the state to develop an avoidance or mitigation plan in consultation with the historic preservation officer and the preservation review board.
Mont. Code Ann. § 22-3-503 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-503
22-3-503 Definitions
Status: in_force

22-3-503 . Definitions. As used in this part, the following definitions apply:

(1) "Loan" means a deposit of property not accompanied by a transfer of title to the property.

(2) "Museum" means an institution located in Montana and operated by a nonprofit corporation or a public agency primarily for educational, scientific, or aesthetic purposes, and that owns, borrows, or cares for and exhibits, studies, or catalogs property.

(3) "Property" includes any tangible object, animate or inanimate, that has intrinsic historic, artistic, scientific, or cultural value.
Mont. Code Ann. § 22-1-707 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-707
22-1-707 Duties and powers of board of trustees
Status: in_force

22-1-707 . Duties and powers of board of trustees. (1) The board of trustees of a public library district shall:

(a) operate and maintain library property within the district and may conduct programs relating to libraries and make improvements to district property as the board considers appropriate;

(b) prepare annual budgets as required by the county governing body or bodies;

(c) pay necessary expenses of district staff members when on business of the district; and

(d) prepare and submit any records required by the Montana state library.

(2) The board has all powers necessary for the betterment, operation, and maintenance of library property within the territory of the public library district, including establishing library locations. In the exercise of this general grant of powers, the board may:

(a) (i) employ or contract with administrative, professional, or other personnel necessary for the operation of the district; or

(ii) contract with other entities to provide or receive library services and to pay out or receive funds for those library services;

(b) lease, purchase, or contract for the purchase of personal property, including property that after purchase constitutes a fixture on real property;

(c) (i) lease, purchase, or contract for the purchase of buildings and facilities on lands controlled by the district and may own and hold title to the buildings and facilities and equip, operate, and maintain the buildings and facilities; or

(ii) receive by transfer, conditionally or otherwise, from a county or city, the ownership or control of a library building, with all or any part of its property, provided that any existing debt of the governing body transferring the interest tied to the property must remain an obligation of the governing body and may not become an obligation of the district;

(d) adopt by resolution bylaws and rules for the operation and administration of the district;

(e) subject to 15-10-420 , establish a property tax mill levy for the operation of the district as provided in 22-1-708 ;

(f) with the concurrence of the county governing body or bodies, accept donations of land or facilities within the district to be used for district purposes;

(g) accept donations and devises of money or personal property;

(h) establish a library depreciation reserve fund as authorized and described in 22-1-716 ; and

(i) exercise other powers, not inconsistent with the law, necessary for the operation and management of the district.
Mont. Code Ann. § 22-3-113 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-113
22-3-113 Acquisitions trust
Status: in_force

22-3-113 . Acquisitions trust. There is an account in the governmental fund category permanent fund type to be known as the Montana historical society acquisitions trust, to be used exclusively for the acquisition of items or collections as provided in 22-3-114 .
Mont. Code Ann. § 22-2-408 — MT Code / Title 22 / Chapter 2 / Part 4 / Section 22-2-408
22-2-408 Part not exclusive
Status: in_force

22-2-408 . Part not exclusive. The provisions of this part are not the exclusive manner of acquiring and displaying works of art in public buildings.
Mont. Code Ann. § 22-2-403 — MT Code / Title 22 / Chapter 2 / Part 4 / Section 22-2-403
22-2-403 Definitions
Status: in_force

22-2-403 . Definitions. As used in this part, the following definitions apply:

(1) (a) "Artist" means a practitioner in the visual arts generally recognized by the practitioner's peers or critics as a professional who produces works of art.

(b) The term does not include the project architect, or any member of the architect's firm, of a new state building that is to have works of art under the provisions of this part.

(2) "New state building" means any structure to be built, remodeled, or renovated with money appropriated by the legislature that is, in the opinion of the architecture and engineering division of the department of administration, appropriate for the inclusion of works of art.

(3) (a) "Work of art" means any work of visual art, including but not limited to a drawing, painting, mural, fresco, sculpture, mosaic, photograph, work of calligraphy, work of graphic art (including an etching, lithograph, offset print, or silk screen), craft (including crafts in clay, textile, fiber, wood, metal, plastic, or glass), or mixed media (including a collage, assemblage, or any combination of art media).

(b) The term does not include environmental landscaping.
Mont. Code Ann. § 22-2-701 — MT Code / Title 22 / Chapter 2 / Part 7 / Section 22-2-701
22-2-701 Traditional arts and crafts account -- funding -- use
Status: in_force

22-2-701 . Traditional arts and crafts account -- funding -- use. (1) There is an account in the state special revenue fund established in 17-2-102 for the purchase and sale of traditional arts and crafts by American Indian master artists. Money may be deposited in the account through an allocation of money to the account or as provided in this section.

(2) Money in the account may be used only by the Montana arts council to purchase traditional arts and crafts by American Indian master artists and to make the arts and crafts available for resale. Money generated through the sale of traditional arts and crafts must be deposited into the account.
Mont. Code Ann. § 22-3-501 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-501
22-3-501 Short title
Status: in_force

22-3-501 . Short title. This part may be cited as the "Museum Loan Act".
Mont. Code Ann. § 22-3-430 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-430
22-3-430 Avoidance and mitigation of impacts
Status: in_force

22-3-430 . Avoidance and mitigation of impacts. (1) Avoidance of impacts to heritage property or paleontological remains is preferred. Avoidance may not be construed to constitute neglect of the property or anticipatory demolition.

(2) If it is not feasible to avoid impacts to heritage property or paleontological remains, a mitigation plan must be developed by the agency, in consultation with the applicant, to minimize adverse effects to the property or remains. Mitigation must be directed at the characteristics of the property that make it eligible for listing in the register. If requested by the agency, the historic preservation officer shall identify suggested mitigation actions in writing at the time that the historic preservation officer submits a proposed finding under 22-3-429 .
Mont. Code Ann. § 22-2-106 — MT Code / Title 22 / Chapter 2 / Part 1 / Section 22-2-106
22-2-106 Council duties
Status: in_force

22-2-106 . Council duties. The council shall:

(1) encourage throughout the state the study and presentation of the arts and stimulate public interest and participation in the arts;

(2) cooperate with public and private institutions engaged within the state in artistic and cultural activities, including but not limited to music, theater, dance, painting, sculpture, architecture, and allied arts and crafts, and make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state;

(3) foster public interest in the cultural heritage of our state and expand the state's cultural resources;

(4) encourage and assist freedom of artistic expression essential for the well-being of the arts;

(5) as required under 2-15-242 , nominate three individuals to serve as the state poet laureate and provide the list of nominees to the governor.
Mont. Code Ann. § 22-1-709 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-709
22-1-709 Election to change maximum property tax mill levy
Status: in_force

22-1-709 . Election to change maximum property tax mill levy. (1) The maximum property tax mill levy authorized for the operation of a public library district may be changed by an election on the question of changing the maximum mill levy.

(2) A vote on the question of raising or lowering the maximum property tax mill levy in the public library district may be initiated by:

(a) a petition signed by not less than 15% of the electorate of the district; or

(b) a resolution of the board of trustees.

(3) The petition must set forth the proposed new maximum mill levy for the operation of the district.

(4) On receipt of a petition for a change in the maximum mill levy, certified by the county clerk as sufficient under this section, or on receipt of a resolution for a change adopted by the board of trustees, the county governing body shall submit to the electorate of the public library district, at an election held in accordance with Title 13, chapter 1, part 5, a ballot question on changing the maximum mill levy. The question must be submitted to the electors of the district in substantially the following form:

☐ FOR changing the authorized maximum property tax mill levy for the operation of the public library district from .... to ....

☐ AGAINST changing the authorized maximum property tax mill levy for the operation of the public library district.
Mont. Code Ann. § 22-2-321 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-321
22-2-321 Reversion of granted funds
Status: in_force

22-2-321 . Reversion of granted funds. At the end of a grant period, any unexpended balance of the grant shall revert to the cultural and aesthetic projects account provided for in 15-35-108 .
Mont. Code Ann. § 22-2-502 — MT Code / Title 22 / Chapter 2 / Part 5 / Section 22-2-502
22-2-502 Artist-art dealer relationship
Status: in_force

22-2-502 . Artist-art dealer relationship. Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of the artist's own creation to an art dealer in this state for the purpose of exhibition and sale on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of fine art by the dealer constitutes a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives upon delivery or has received prior to delivery full compensation for the work of fine art.
Mont. Code Ann. § 22-3-431 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-431
22-3-431 Registration of heritage properties
Status: in_force

22-3-431 . Registration of heritage properties. (1) Any citizen of Montana may submit to the historic preservation officer for consideration the necessary forms to nominate heritage properties to the register.

(2) (a) For private properties, the historic preservation officer shall notify the owner of the property and allow the owner a reasonable period of time to concur or object to the nomination of the property for registration. If the owner of the property, or a majority of owners if the property has more than one owner, objects to registration, the historic preservation officer may not nominate the property unless the objection is withdrawn. If there are no objections, the historic preservation officer may, upon approval by the preservation review board, nominate heritage properties to the register.

(b) The historic preservation officer and the preservation review board may review the nomination of property that was not nominated because of owner objection to determine whether the property is eligible for registration. If the historic preservation officer and the preservation review board determine that the property is eligible for registration, the preservation officer shall provide for the register information about the property for determination of registration eligibility.

(c) The historic preservation officer shall follow the procedures mandated by 36 CFR 60.6 relating to seeking property owner concurrence or objection to registration.

(3) For lands owned by the state, a county, or a municipality, the historic preservation officer may, upon approval by the preservation review board, nominate heritage properties to the register. The historic preservation officer shall notify the appropriate governmental agency and give public notice when any governmental property is being considered for nomination. Unless agency or public objections are submitted in writing within 30 days after notification, the historic preservation officer shall complete the nominations. When an agency or any citizen of Montana submits written objections, the historic preservation officer shall consider the objections and may conduct a public hearing. If a hearing is held, it must be commenced within 30 days after the final date for submission of written objections. Within 60 days after submission of the objections or after the public hearing, the historic preservation officer shall make a final decision on the proposed registration and prepare a statement responsive to the objections submitted.
Mont. Code Ann. § 22-3-117 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-117
22-3-117 Montana original governor's mansion special revenue account -- use -- statutory appropriation
Status: in_force

22-3-117 . Montana original governor's mansion special revenue account -- use -- statutory appropriation. (1) There is a Montana original governor's mansion account in the state special revenue fund established in 17-2-102 .

(2) There must be paid into the account money allocated from tours of the mansion.

(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 Montana original governor's mansion.
Mont. Code Ann. § 22-1-311 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-311
22-1-311 Use of library -- privileges
Status: in_force

22-1-311 . Use of library -- privileges. Every library established under the provisions of this part shall be free to the use of the inhabitants of the city or the county supporting such library. The board may exclude from the use of the library any and all persons who shall willfully violate the rules of the library. The board may extend the privileges and use of the library to persons residing outside of the city or county upon such terms and conditions as it may prescribe by its regulations.
Mont. Code Ann. § 22-3-806 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-806
22-3-806 Scientific analysis -- permit required
Status: in_force

22-3-806 . Scientific analysis -- permit required. (1) Although onsite reburial is preferred, the board may, upon petition by a person seeking permission to perform scientific analysis, grant a permit for the scientific removal and analysis of human skeletal remains and burial material upon proof and determination by the board that the analysis is scientifically justifiable. A petition for a permit must include:

(a) payment of the nonrefundable application fee provided for in 22-3-804 ; and

(b) a brief narrative describing the methodology to be used, the timeframe needed to complete the scientific study, and any other information specifically requested by the board relating to the proposed study.

(2) The methodology proposed must be reviewed by the state historic preservation officer or the officer's designated representative and the physical anthropologist on the board, and a recommendation must be made to the full board. Once approved by the board, any change in methodology or in the timeframe must be approved by the board before the original timeframe expires. The timeframe for scientific study may not exceed 12 months from the date of issuance of the permit.

(3) A permit for scientific analysis issued by the board is subject to terms, conditions, and procedures prescribed by the board and must include the condition that a permittee shall pay all costs of excavation, study, and disposition.

(4) The board shall either issue or deny a permit within 30 working days from the date of the permit petition. If the board denies a permit upon a finding that scientific analysis is not justifiable, the board shall provide the applicant with a written statement outlining the grounds for its finding. The applicant may appeal the decision of the board under the provisions of Title 2, chapter 4, part 6, of the Montana Administrative Procedure Act.

(5) The board may suspend or revoke a permit pursuant to the Montana Administrative Procedure Act upon a finding that the permittee has violated any provision of this part or any term, condition, or procedure of a permit issued by the board.

(6) The provisions of this section do not apply to a forensic examination by the county coroner, action under Title 46, chapter 4, or action under any other related provisions of law concerning the investigation of the circumstances, manner, and cause of death.
Mont. Code Ann. § 22-1-505 — MT Code / Title 22 / Chapter 1 / Part 5 / Section 22-1-505
22-1-505 Use of library
Status: in_force

22-1-505 . Use of library. The state law library shall be maintained and operated for the use of the members of the supreme court, the members of the legislature, the several officers of the senate and of the house of representatives, for state officers and employees, for members of the bar of the supreme court of Montana, for members of the bar of supreme courts of other states while in attendance before the supreme court of Montana, and members of the general public agreeing to the rules established by the librarian.
Mont. Code Ann. § 22-1-102 — MT Code / Title 22 / Chapter 1 / Part 1 / Section 22-1-102
22-1-102 Librarian and assistants
Status: in_force

22-1-102 . Librarian and assistants. The commission shall employ as its executive officer a librarian, who is a graduate of an accredited library school and is not a member of the commission, for such compensation as the commission considers adequate. The executive officer shall perform the duties assigned by the commission and serve at the will of the commission. The commission may also employ such other assistants as are required for the performance of the commission's work. In addition to their salaries while on commission business, the librarian and assistants shall be allowed their travel expenses, as provided for in 2-18-501 through 2-18-503 , as amended.
Mont. Code Ann. § 22-1-402 — MT Code / Title 22 / Chapter 1 / Part 4 / Section 22-1-402
22-1-402 Library federations -- definition
Status: in_force

22-1-402 . Library federations -- definition. (1) A library federation is a combination of libraries serving a multicounty, multicity, or city-county area within a federation area designated by the state library commission. Any other public, school, special, college, or university library or town, city, or county within the federation area may participate in a federation.

(2) The governing body of any library may agree to participate in the federation. The participating entities may retain the autonomy over their respective libraries.

(3) The expense of providing library services for the library federation must be based on funds received from the state or participating libraries.

(4) A participating entity may withdraw from a federation according to the terms for withdrawal provided in the federation's bylaws.

(5) A federation may contract with other federations, libraries, or the state library to provide federation services.
Mont. Code Ann. § 22-1-1102 — MT Code / Title 22 / Chapter 1 / Part 11 / Section 22-1-1102
22-1-1102 Definitions
Status: in_force

22-1-1102 . Definitions. As used in 22-1-1103 , the following definitions apply:

(1) "Library" means a library that is established by the state, a county, city, town, school district, or a combination of those units of government, a college or university, or any private library open to the public.

(2) "Library records" means any document, record, or any other method of storing information retained, received, or generated by a library that identifies a person as having requested, used, or borrowed library material or other records identifying the names or other personal identifiers of library users. Library records does not include nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general or records that are not retained or retrieved by personal identifier.
Mont. Code Ann. § 22-2-306 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-306
22-2-306 Grant conditions -- additional funds -- accounts and reports
Status: in_force

22-2-306 . Grant conditions -- additional funds -- accounts and reports. (1) A grant may not be awarded unless the grantee accepts the Montana arts council's conditions of the grant and signs a contract stipulating those conditions.

(2) A grantee must agree in writing that:

(a) the grantee is the official and sole agency for the administration of the project described in the grant agreement; and

(b) no person will, on the grounds of race, color, national origin, sex, as defined in 1-1-201 , or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that results from the expenditure of grant funds.

(3) The grantee must agree that the funds granted will be expended solely for the purpose and activities described in the approved proposal. All funds granted to the grantee must be spent or encumbered during the grant period.

(4) Disbursements to grantees must be as follows, based upon the cash flow needs of the projects and the revenues available:

(a) Projects that are to receive more than $10,000 may receive an amount not exceeding 25% of the grant award in the first 6 months of the biennium, 50% in the first year of the biennium, 75% in the first 18 months of the biennium, and the balance in the remainder of the biennium. Within the limitations contained in this subsection, the amount of each payment must be determined by the Montana arts council in its discretion. Each payment may be made only after an examination of the costs incurred in the project and the amount, if any, of the unencumbered or unexpended balance of prior grant payments for the project.

(b) Projects that are to receive $10,000 or less may receive the total grant in any fiscal quarter if the Montana arts council determines that the cultural and aesthetic project account has funds available and that, after an examination of the costs incurred by the project, total payment is appropriate.

(c) A grant award budget may be modified in accordance with this subsection. A grantee may modify line items in an approved budget in an amount not to exceed 10% of the total grant award. A grantee may, with permission of the Montana arts council, modify line items in an approved budget in an amount not to exceed 20% of the total grant award. A modification may not increase the grant award or change the scope or purpose of the award.

(5) The grantee must maintain accounts, records, and other pertinent material pertaining to the costs incurred and expenditures made under the grant. The system of accounting employed by the grantee must be in accordance with generally accepted accounting principles and be applied in a consistent manner so that project costs and expenditures can be clearly identified. Accounts, records, and other pertinent material must be maintained for 3 years from the official termination date of the grant period or until an audit, approved by the council, has been completed and any questions arising from the audit have been resolved to the satisfaction of the council.

(6) Grantees must submit to the council semiannual reports of expenditures during the course of the project and other financial and descriptive reports that the council may require. The grantee must submit, within 30 days after completion of the project, a final financial report and a narrative report stating what was accomplished with the grant. Five percent of the total grant award must be held pending receipt of final reports by the council. With regard to grantees who in the past have submitted late reports, 30% of the grant award may be held pending receipt of final reports by the council.

(7) The council may, at the principal place of business of the grantee and during regular business hours, examine any directly pertinent records, accounts, and documents of the grantee involving transactions related to the grant.
Mont. Code Ann. § 22-3-1101 — MT Code / Title 22 / Chapter 3 / Part 11 / Section 22-3-1101
22-3-1101 Tower Rock -- historic site
Status: in_force

22-3-1101 . Tower Rock -- historic site. (1) A 136-acre site that encompasses Tower Rock, a geologic structure listed in the national register of historic places on March 18, 2002, may not be sold or transferred to a nonstate entity and must remain intact as the property of the state of Montana to recognize the national and local historic significance of the Lewis and Clark expedition, whose members named the rock formation, according to notations in the July 16 and 17, 1805, journals of Meriwether Lewis.

(2) The department of transportation may transfer the land to another state agency, and the provisions of 60-4-201 through 60-4-203 and 60-4-211 do not apply. In any transfer of the site, the department of transportation may retain access rights where the site abuts interstate 15.
Mont. Code Ann. § 22-3-1201 — MT Code / Title 22 / Chapter 3 / Part 12 / Section 22-3-1201
22-3-1201 Purpose
Status: in_force

22-3-1201 . Purpose. The purpose of this part is to recognize and celebrate the agricultural traditions of the state by identifying those places that represent the perseverance and stewardship of Montana families on their farms and ranches. The Montana centennial farm and ranch program accomplishes this purpose by acknowledging the strength and determination of these families and their efforts to preserve their agricultural traditions, through issuance of a certificate designating a qualified property as a centennial farm or ranch.
Mont. Code Ann. § 22-3-109 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-109
22-3-109 Official seal
Status: in_force

22-3-109 . Official seal. The design of the official seal of the society shall be substantially as follows: a central group representing a covered immigrant wagon drawn by two yoke of oxen, showing prairie in the foreground, mountains in the background, and directly beneath it the figures "1865". The seal shall be 2 inches in diameter and surrounded by the words, "Montana Historical Society Seal".
Mont. Code Ann. § 22-2-305 — MT Code / Title 22 / Chapter 2 / Part 3 / Section 22-2-305
22-2-305 Allocation and disbursement of funds
Status: in_force

22-2-305 . Allocation and disbursement of funds. (1) The Montana arts council shall allocate and disburse cultural and aesthetic project account funds as appropriated by the legislature.

(2) If the funds in the cultural and aesthetic projects account are insufficient to fund projects in the amount of the legislative appropriation for the projects, the council shall allocate and disburse the account's funds in accordance with the provisions of the appropriation act.
Mont. Code Ann. § 22-3-508 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-508
22-3-508 Conservation or disposal of loaned property
Status: in_force

22-3-508 . Conservation or disposal of loaned property. (1) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without the lender's permission if immediate action is required to protect the property on loan or other property in the custody of the museum or if the property on loan has become a hazard to the health and safety of the public or the museum staff and:

(a) the museum is unable to reach the lender at the lender's last address of record; or

(b) the lender will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.

(2) If a museum applies conservation measures to or disposes of property under the provisions of this section, the museum:

(a) has a lien on the property and on the proceeds of any disposition thereof for the costs incurred by the museum; and

(b) is not liable for injury to or loss of the property if it:

(i) had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum or that the property on loan was a hazard to the health and safety of the public or the museum staff; and

(ii) exercised reasonable care in the choice and application of conservation measures.
Mont. Code Ann. § 22-3-808 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-808
22-3-808 Prohibited acts -- penalties
Status: in_force

22-3-808 . Prohibited acts -- penalties. (1) After July 1, 1991, unless authorized under this part or by the descendants, tribe, cultural group, or other person, group, or entity to which the board gives control of the human skeletal remains or burial materials under 22-3-805 , a person may not:

(a) purposely or knowingly pilfer, disturb, destroy, or permit pilferage, disturbance, or destruction of a marked, unmarked, unrecorded, registered, or unregistered grave or burial ground or of burial material;

(b) for commercial use, knowingly possess, buy, sell, transport, barter, or display human skeletal remains or burial material acquired in violation of this part; or

(c) purposely or knowingly disclose information knowing that it is highly probable that the disclosure will lead to pilferage, disturbance, or destruction of a burial site.

(2) A person convicted under the provisions of subsection (1)(a) may be fined an amount not to exceed $1,000, be imprisoned in the county jail for not more than 6 months, or both. A person convicted of a subsequent violation of subsection (1)(a) may be fined an amount not to exceed $20,000, be imprisoned for not more than 5 years, or both.

(3) A person convicted under the provisions of subsection (1)(b) may be fined an amount not to exceed $50,000, be imprisoned for not more than 20 years, or both.

(4) A person convicted under the provisions of subsection (1)(c) may be fined an amount not to exceed $500, be imprisoned for not more than 6 months, or both. A person convicted of a subsequent violation of subsection (1)(c) may be fined an amount not to exceed $10,000, be imprisoned for not more than 5 years, or both.

(5) A person who knowingly fails to give notice as required by 22-3-805 (1) may be fined an amount not less than $100 or more than $500.

(6) A person who violates a provision of this section or any term or condition of a permit issued under 22-3-806 is subject to a civil penalty not to exceed $2,000 for the first violation and not to exceed $10,000 for a subsequent violation.
Mont. Code Ann. § 22-1-230 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-230
22-1-230 Administration of state reference network -- rulemaking
Status: in_force

22-1-230 . Administration of state reference network -- rulemaking. (1) The state library shall administer a state reference network to provide real-time geospatial location data from any location within the network.

(2) The state library may enter into contracts with other agencies and the private sector to carry out the provisions of the state reference network.

(3) The state library commission shall adopt rules necessary to carry out the provisions of 22-1-231 and this section.
Mont. Code Ann. § 22-1-703 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-703
22-1-703 Election on creation of district
Status: in_force

22-1-703 . Election on creation of district. (1) The election on the question of whether to create a public library district must be conducted in accordance with Title 13, chapter 1, part 5.

(2) Only qualified electors residing within the proposed public library district may vote on the question of whether to create the district.

(3) The question of creating a public library district must be submitted to the electors in substantially the following form:

☐ FOR the creation of a public library district that may levy not more than ... mills of property tax for the operation of the district.

☐ AGAINST the creation of a public library district.
Mont. Code Ann. § 22-3-435 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-435
22-3-435 Report of discovered heritage properties or paleontological remains
Status: in_force

22-3-435 . Report of discovered heritage properties or paleontological remains. Any person conducting activities, including survey, excavation, or construction, who discovers on any lands owned by the state any heritage property or paleontological remains as defined in 22-3-421 or who finds that an operation licensed or otherwise entitled by the state may damage heritage properties or paleontological remains on any lands owned by the state shall promptly report to the historic preservation officer the discovery of such findings and shall take all reasonable steps to ensure preservation of the heritage property or paleontological remains.
Mont. Code Ann. § 22-1-304 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-304
22-1-304 Tax levy -- special library fund -- bonds
Status: in_force

22-1-304 . Tax levy -- special library fund -- bonds. (1) Subject to 15-10-420 , the governing body of a city or county that has established a public library may levy in the same manner and at the same time as other taxes are levied a tax in the amount necessary to maintain adequate public library service.

(2) (a) The governing body of a city or county may by resolution submit the question of imposing a tax levy to a vote of the qualified electors at an election as provided in 15-10-425 . The resolution must be adopted at least 85 days prior to the election at which the question will be voted on, and, pursuant to the deadline in 13-1-504 , the election may not be held less than 85 days after the resolution is adopted.

(b) 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 for the purpose of imposing a mill levy, the governing body shall submit to a vote of the qualified electors at an election conducted as provided in 15-10-425 the question of imposing the mill levy. The petition must be delivered to the governing body at least 85 days prior to the election at which the question will be voted on.

(3) The proceeds of the tax constitute a separate fund called the public library fund and may not be used for any purpose except those of the public library.

(4) Money may not be paid out of the public library fund by the treasurer of the city or county except by order or warrant of the board of library trustees.

(5) Bonds may be issued by the governing body in the manner prescribed by law for the following purposes:

(a) building, altering, repairing, furnishing, or equipping a public library or purchasing land for the library;

(b) buying a bookmobile or bookmobiles; and

(c) funding a judgment against the library.
Mont. Code Ann. § 22-1-405 — MT Code / Title 22 / Chapter 1 / Part 4 / Section 22-1-405
22-1-405 Boards of trustees -- authority -- resolution of disagreements
Status: in_force

22-1-405 . Boards of trustees -- authority -- resolution of disagreements. (1) The board of trustees of a library federation shall act as an advisor to the participating libraries and their boards of trustees.

(2) Control over the budgets and administrative policies of participating libraries shall remain in their boards of trustees as provided in 22-1-309 .

(3) Any disagreement among participants in a library federation regarding the apportionment of funds or grants received from the state library commission shall be resolved by the state library commission.
Mont. Code Ann. § 22-2-406 — MT Code / Title 22 / Chapter 2 / Part 4 / Section 22-2-406
22-2-406 Administration -- selection of works of art
Status: in_force

22-2-406 . Administration -- selection of works of art. (1) The Montana arts council is primarily responsible for the administration of this part. The council shall:

(a) submit its recommendations to the architecture and engineering division of the department of administration for inclusion in the report required by Title 17, chapter 7, part 2, concerning the appropriateness of any building for the inclusion of works of art, a description of the types of works of art suggested for inclusion in the building, and the anticipated costs of acquisition, maintenance, and administrative expenses associated with the suggested works of art;

(b) appoint a three-member screening committee for each new state building to recommend artists to be commissioned or completed works of art to be purchased. The committee consists of the project architect or the architect's designee, a professional artist, and a representative from the user agency who is a resident of the community in which the new state building is to be constructed.

(c) select, commission the artist for, review the design, execution, and placement of, and finally accept all works of art. The Montana arts council shall consult with the screening committee in fulfilling the requirements of this subsection (1)(c).

(d) assist in contract negotiations with artists who are selected;

(e) ensure that works of art acquired for display under the provisions of this part are displayed in a manner that they are in public view;

(f) ensure that each work of art is properly maintained and may use the funds provided for in 22-2-404 or any other funds available for maintenance; and

(g) maintain a close working relationship with the artist throughout each project.

(2) A payment may not be made to any artist for works of art under this part without prior authorization of the Montana arts council.
Mont. Code Ann. § 22-1-306 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-306
22-1-306 Moneys for library depreciation reserve fund
Status: in_force

22-1-306 . Moneys for library depreciation reserve fund. Moneys for the library depreciation reserve fund are those funds which have been allocated to the library in any year but which have not been expended by the end of the year. Such moneys include but are not limited to city or county or city-county appropriations, federal revenue sharing funds, and public and private grants.
Mont. Code Ann. § 22-1-706 — MT Code / Title 22 / Chapter 1 / Part 7 / Section 22-1-706
22-1-706 Election of board of trustees -- compensation -- removal -- single-member trustee districts
Status: in_force

22-1-706 . Election of board of trustees -- compensation -- removal -- single-member trustee districts. (1) After appointment of the initial members of the board of trustees, all members must be elected by the electors of the public library district.

(2) The election of members to the board of trustees must be held in accordance with Title 13, chapter 1, part 5.

(3) (a) A candidate for the office of trustee of the public library district must be a resident of the district and must file a declaration of candidacy with the office of the election administrator within the time period specified in 13-1-502 .

(b) If the district lies in more than one county, the declaration of candidacy must be presented to the election administrator who will be conducting the election pursuant to 13-1-505 .

(4) If the number of candidates is equal to or less than the number of positions to be elected, the election administrator may cancel the election in accordance with 13-1-304 . If an election is not held, the county governing body shall declare elected by acclamation each candidate who filed a declaration of candidacy for a position. If a nomination petition is not filed for an office, the county governing body of the county conducting the election shall appoint a member to fill the term. A person appointed pursuant to this subsection has the same term and obligations as a person elected to fill the office.

(5) The term of office of an elected board member begins on the date that the board member is elected. The term of office of an elected member is 4 years, except that a simple majority of the members of the first elected board shall serve a term of 2 years, with the minority of the board serving terms of 4 years. The members serving 2-year terms must be selected by lot.

(6) A vacancy in the office of a member must be filled by appointment by the remaining members of the board. The term of the appointed member expires upon the election of a successor or upon the election of a member to fill the unexpired term of the vacant office. The election must be held in accordance with Title 13, chapter 1, part 5.

(7) Members of the board of trustees serve without compensation.

(8) A trustee may be removed from office by a court of competent jurisdiction pursuant to state law governing the removal of elected officials. If charges are brought against a trustee and if good cause is shown, the governing body of the county that conducted the election pursuant to 13-1-505 may suspend the trustee until the charges can be heard in a court of competent jurisdiction.

(9) (a) If the trustees determine that it is in the best interest of the electors of the public library district, they shall:

(i) propose the creation of a single-member trustee district plan with districts that are as compact in area and as equal in population as possible;

(ii) schedule and hold a public hearing on the plan; and

(iii) publish a notice of the public hearing as provided in 7-1-2121 .

(b) After the public hearing is held, the trustees may amend, revise, approve, or disapprove the proposed plan. If the plan is adopted, the trustees shall publish notice of its adoption as provided in 7-1-2121 .

(c) All successors to the board of trustees must be elected in accordance with the adopted single-member trustee district plan, and the election of each member must be submitted to the electors of the trustee district in which the candidate resides.
Mont. Code Ann. § 22-3-423 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-423
22-3-423 Duties of historic preservation officer
Status: in_force

22-3-423 . Duties of historic preservation officer. Subject to the supervision of the director of the historical society, the historic preservation officer has the following duties and responsibilities:

(1) follow necessary procedures to qualify the state for money that is now or will be made available under any act of congress of the United States or otherwise for purposes of historic preservation;

(2) conduct an ongoing statewide survey to identify and document heritage properties and paleontological remains;

(3) maintain a state inventory file of heritage properties and paleontological remains and maintain a repository for all inventory work done in the state;

(4) evaluate and formally nominate potential register properties according to the criteria established by the register;

(5) prepare and annually review the state preservation plan, register nominations, and historic preservation grant activity;

(6) maintain, publish, and disseminate information relating to heritage properties and paleontological remains in the state;

(7) cooperate with and assist local, state, and federal government agencies in comprehensive planning that allows for the preservation of heritage properties and paleontological remains;

(8) enter into cooperative agreements with the federal government, local governments, and other governmental entities or private landowners or the owners of objects to ensure preservation and protection of registered properties;

(9) adopt rules outlining procedures by which a state agency that has no approved rules under 22-3-424 (1) shall systematically consider heritage properties or paleontological remains on lands owned by the state and avoid, whenever feasible, state actions or state assisted or licensed actions that substantially alter the properties;

(10) respond to requests for consultation under section 106 of the National Historic Preservation Act, as provided for in 22-3-429 ;

(11) develop procedures and guidelines for the evaluation of heritage property or paleontological remains as provided in 22-3-428 ;

(12) protect from disclosure to the public any information relating to the location or character of heritage properties when disclosure would create a substantial risk of harm, theft, or destruction to the resources or to the area or place where the resources are located;

(13) report the information gathered pursuant to 22-3-422 (6), along with any recommendations by the historic preservation officer or the review board, to the education interim committee in accordance with 5-11-210 . The report required in this subsection must also be incorporated into the biennial report required to be submitted to the governor and the legislature under 22-3-107 (8).

(14) any other necessary or appropriate activity permitted by law to carry out and enforce the provisions of this part.
Mont. Code Ann. § 22-2-404 — MT Code / Title 22 / Chapter 2 / Part 4 / Section 22-2-404
22-2-404 Art for new state buildings -- finance
Status: in_force

22-2-404 . Art for new state buildings -- finance. (1) Subject to legislative allocations as provided in subsection (2), all capital project appropriations by the legislature shall include, as a part of the appropriation, an amount not to exceed 1% of the amount appropriated for the use of the Montana arts council for the acquisition of works of art for new state buildings, maintenance of works of art, and administration of this part as provided in subsection (3).

(2) (a) If a state building recommended for construction in the report required by Title 17, chapter 7, part 2, is also recommended as appropriate for the inclusion of works of art as provided in 22-2-403 (2), the report shall so state, and in addition the report shall include any recommendation made by the Montana arts council concerning the appropriateness of the building for the inclusion of works of art, the types of works of art suggested for inclusion in such building, and the anticipated cost of such suggested works of art, including costs of acquisition, maintenance, and administrative expenses associated with the suggested works of art. The Montana arts council may submit a recommendation even if the architecture and engineering division of the department of administration has determined that a structure is not appropriate for inclusion of works of art.

(b) The legislature may, for those buildings recommended as appropriate for the inclusion of works of art, allocate an amount not to exceed 1% of the appropriated cost for use as specified in subsection (1).

(c) Additional funds, including separate appropriations, donations, grants, and other available governmental funds, may be used for the acquisition of works of art for new state buildings.

(3) (a) One percent of the funds received from the maximum appropriation setoff allocated by the legislature must be granted to the Montana arts council for the maintenance of art in state buildings.

(b) The administration of this part may be funded out of the appropriation setoff allocated by the legislature.
Mont. Code Ann. § 22-3-303 — MT Code / Title 22 / Chapter 3 / Part 3 / Section 22-3-303
22-3-303 Gifts for building
Status: in_force

22-3-303 . Gifts for building. The state of Montana is hereby authorized to receive gifts, legacies, and donations of money or other property for the erection or maintenance of the memorial building herein provided for, and all such gifts, legacies, and donations are hereby dedicated to such purpose.
Mont. Code Ann. § 22-1-329 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-329
22-1-329 Statewide library access program
Status: in_force

22-1-329 . Statewide library access program. The commission shall develop a voluntary statewide library access program whereby a participating library may allow access to the library's materials and services by patrons registered and in good standing with another library.
Mont. Code Ann. § 22-3-913 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-913
22-3-913 Hearing -- hearings examiner -- evidence -- study or testing order and costs -- findings
Status: in_force

22-3-913 . Hearing -- hearings examiner -- evidence -- study or testing order and costs -- findings. (1) The board shall appoint an attorney licensed to practice law in Montana as a hearings examiner to hold a hearing pursuant to Title 2, chapter 4, part 6, on a claim filed under 22-3-912 . At a hearing under this section, the hearings examiner shall hear the evidence presented by each party, including evidence presented by a possessing entity or intervenor in support of a request for a temporary delay in repatriation made under 22-3-915 .

(2) Either party or an intervenor may request and is responsible for the cost of genetic or other study or testing necessary to determine cultural affiliation. Upon such a request, the hearings examiner may order any study or testing necessary and may require a surety bond to ensure protection of human skeletal remains or funerary objects. The hearings examiner may grant the study or testing requested along with sufficient time to conduct the study or testing or may deny any study or testing requested upon a finding that the study or testing would not likely be pertinent to the determination of cultural affiliation.

(3) (a) If, based on a preponderance of the evidence, the hearings examiner finds that the claimant has a cultural affiliation with the human skeletal remains or funerary objects and that the possessing entity does not have the right of possession, the hearings examiner shall recommend to the board that the board order repatriation under 22-3-916 . If the hearings examiner finds that there is a need to temporarily delay repatriation based on an ongoing scientific study or a good faith effort toward scientific study under 22-3-915 , the hearings examiner shall recommend a delay as provided in 22-3-915 .

(b) If, based on a preponderance of the evidence, the hearings examiner finds that the claimant has not proven that the claimant has a cultural affiliation with the human skeletal remains or funerary objects and that the possessing entity has the right of possession, the hearings examiner shall recommend to the board that the board deny the claimant's request for repatriation and shall recommend that the board order that the possessing entity be granted uncontested control and possession of the human skeletal remains or funerary objects under 22-3-916 .

(c) A recommendation under this subsection (3) shall be made in the form of a proposal for decision as provided in 2-4-621 . The provisions of 2-4-621 apply to a recommendation made under this subsection (3).

(4) If the hearings examiner recommends repatriation, the hearings examiner shall issue an order requiring the possessing entity to consult with the claimant to arrange for the expeditious repatriation of the culturally affiliated human skeletal remains or funerary objects to the claimant, upon order of the board under 22-3-916 .
Mont. Code Ann. § 22-3-804 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-804
22-3-804 Board -- composition -- rights -- responsibilities
Status: in_force

22-3-804 . Board -- composition -- rights -- responsibilities. (1) There is a burial preservation board. The board is composed of:

(a) one representative of each of the federally recognized Indian tribes in Montana, appointed by the governor from a list of up to three nominees provided by each of the respective tribal governments;

(b) one person appointed by the governor from a list of up to three nominees submitted by the Montana state historic preservation officer;

(c) one representative of the Montana archaeological association appointed by the governor from a list of up to three nominees submitted by the Montana archaeological society;

(d) one physical anthropologist appointed by the governor;

(e) one representative of the Montana coroners' association appointed by the governor from a list of up to three nominees submitted by the Montana coroners' association; and

(f) one representative of the public, appointed by the governor, who is not associated with tribal governments; state government; the fields of historic preservation, archaeology, or anthropology; or the Montana coroners' association.

(2) Members of the board shall serve staggered 4-year terms. A vacancy on the board must be filled in the same manner as the original appointment and only for the unexpired portion of the term.

(3) The board shall:

(a) provide for the establishment and maintenance of a registry of burial sites located in the state;

(b) designate the appropriate member or members of the board or a representative or representatives of the board to conduct a field review upon notification of the discovery of human skeletal remains, a burial site, or burial material;

(c) assist interested landowners in the development of agreements with the board for the treatment and disposition, with appropriate dignity, of human skeletal remains and burial material;

(d) mediate, upon application of either party, disputes that may arise between a landowner and known descendants that relate to the treatment and disposition of human skeletal remains and burial material;

(e) assume responsibility for final treatment and disposition of human skeletal remains and burial material if the field review recommendation is not accepted by the board's representatives and the landowner;

(f) establish a nonrefundable application fee, not to exceed $50, for a permit for scientific analysis of human skeletal remains or burial material from burial sites as provided by 22-3-806 ;

(g) issue permits authorizing scientific analysis;

(h) accept grants or real or in-kind donations to carry out the purposes of this part;

(i) adopt rules necessary to administer and enforce the provisions of this part; and

(j) perform any other duties necessary to implement the provisions of this part.

(4) The board is allocated to the department of administration for administrative purposes only as prescribed in 2-15-121 .

(5) Each member of the board is entitled to be paid $100 for each day in which the member is actually and necessarily engaged in the performance of board duties and is also entitled to be reimbursed for travel, meals, and lodging pursuant to 2-18-501 through 2-18-503 .
Mont. Code Ann. § 22-1-219 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-219
22-1-219 Permanent public access to state publications
Status: in_force

22-1-219 . Permanent public access to state publications. The state library shall routinely notify depository libraries of recently acquired state publications. The state library shall coordinate with state agencies and depository libraries to ensure permanent public access to state publications. The state library shall offer state publications that it removes from its collection to the Montana historical society, which shall determine which state publications must be preserved as provided for in 22-3-203 .
Mont. Code Ann. § 22-1-301 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-301
22-1-301 Definitions
Status: in_force

22-1-301 . Definitions. Unless otherwise provided, the following definitions apply in this part:

(1) "City" means city or town.

(2) "Commission" means the state library commission.

(3) "Public library" means a library created under:

(a) 22-1-303 through 22-1-317 that provides library services to the public by means of central facilities, branch facilities, or bookmobiles; or

(b) Title 7.
Mont. Code Ann. § 22-3-106 — MT Code / Title 22 / Chapter 3 / Part 1 / Section 22-3-106
22-3-106 Executive committee
Status: in_force

22-3-106 . Executive committee. The trustees may select an executive committee of five trustees and delegate to the committee such functions in aid of the efficient administration of the affairs of the society as the trustees deem advisable.
Mont. Code Ann. § 22-3-911 — MT Code / Title 22 / Chapter 3 / Part 9 / Section 22-3-911
22-3-911 Agency and museum inventory of human skeletal remains and funerary objects
Status: in_force

22-3-911 . Agency and museum inventory of human skeletal remains and funerary objects. (1) An agency or museum that on or after May 2, 2001, has possession or control over human skeletal remains or funerary objects shall within 6 months complete an inventory of all human skeletal remains and funerary objects and, to the extent possible based on all information possessed by the agency or museum:

(a) identify the circumstances surrounding the acquisition of the human skeletal remains or funerary objects, including any geographical information available pertaining to the original location of the human skeletal remains or funerary objects;

(b) list in the inventory the human skeletal remains or funerary objects that are clearly identifiable as to cultural affiliation; and

(c) list the human skeletal remains or funerary objects that are not clearly identifiable as to cultural affiliation.

(2) Within 3 months of completing the inventory, the agency or museum shall provide a copy of the inventory to:

(a) the board;

(b) the state historic preservation office; and

(c) each tribal government located in Montana.

(3) The agency, museum, board, or state historic preservation office shall provide a copy of an inventory list or a portion of a list to any other requesting party only after the agency, museum, board, or office, pursuant to Article II, section 9, of the Montana constitution, has balanced the public's right to the information and the individual privacy interest associated with the information and has determined that the right of individual privacy does not clearly exceed the merits of public disclosure.

(4) Following completion of the initial inventory, each agency or museum shall, whenever the agency or museum receives new human skeletal remains or funerary objects through a loan or donation, update its inventory list within 6 months of the loan or donation. Upon completion, the agency or museum shall provide a copy of this update to the entities listed in subsection (2) within 3 months.
Mont. Code Ann. § 22-1-202 — MT Code / Title 22 / Chapter 1 / Part 2 / Section 22-1-202
22-1-202 Basic library services account
Status: in_force

22-1-202 . Basic library services account. There is a basic library services account in the state special revenue fund established by 17-2-102 to be administered by the state library for providing basic library services.
Mont. Code Ann. § 22-3-506 — MT Code / Title 22 / Chapter 3 / Part 5 / Section 22-3-506
22-3-506 Notice of intent to preserve interest
Status: in_force

22-3-506 . Notice of intent to preserve interest. (1) The owner of property on loan to a museum may file with the museum a notice of intent to preserve an interest in the property. This notice must be in writing and must contain a description of the property adequate to enable the museum to identify the property.

(2) The filing of a notice of intent to preserve an interest in property on loan to a museum does not validate or make enforceable any claim that would be extinguished under the terms of a written loan agreement or that would otherwise be invalid or unenforceable.

(3) (a) Unless the loaned property is returned to the claimant, the museum shall retain for not less than 25 years the original or an accurate copy of any notice filed by a claimant under this section.

(b) The fact that the museum retains a notice may not be construed to mean that the notice is sufficient or accurate or that it is effective to preserve an interest in property on loan to the museum.

(4) A notice of intent to preserve an interest in property on loan to a museum satisfies the requirements of subsection (1) if it is in substantially the following form and contains the information and attachments described:

NOTICE TO PRESERVE AN INTEREST IN PROPERTY

ON LOAN TO A MUSEUM

Name of Museum Date....................

Claimant's Name

Address

(street address; city; state; zip code)

Telephone

Date Property Loaned

Description of Property

Documentation of ownership -- check the appropriate box:

☐ Legible copy of original loan receipt attached

☐ Other documentation attached

If you are not the original lender, describe the origin of your interest in the property and attach a copy of any document that creates your interest:

I understand that I must promptly notify the museum in writing of any change of address or change in ownership of the loaned property.

I declare under penalty of false swearing that to the best of my knowledge the information contained in this notice is true.

SIGNED

(claimant)

OR I declare under penalty of false swearing that I am authorized to act on behalf of the claimant and am informed and believe that the information contained in this notice is true.

SIGNED

(claimant's representative)
Mont. Code Ann. § 22-3-701 — MT Code / Title 22 / Chapter 3 / Part 7 / Section 22-3-701
22-3-701 Creation of law enforcement officers' memorial
Status: in_force

22-3-701 . Creation of law enforcement officers' memorial. The memorial in the Montana law enforcement museum, located in the old Montana state prison, Deer Lodge, Montana, which is dedicated to the individuals who have served their communities and the state of Montana as law enforcement officers and have been killed or died in the line of duty, is designated as this state's official law enforcement officers' memorial.
Mont. Code Ann. § 22-3-801 — MT Code / Title 22 / Chapter 3 / Part 8 / Section 22-3-801
22-3-801 Short title
Status: in_force

22-3-801 . Short title. This part may be cited as the "Human Skeletal Remains and Burial Site Protection Act".
Mont. Code Ann. § 22-3-1004 — MT Code / Title 22 / Chapter 3 / Part 10 / Section 22-3-1004
22-3-1004 Montana heritage preservation and development account
Status: in_force

22-3-1004 . (Temporary) Montana heritage preservation and development account. (1) (a) There is a Montana heritage preservation and development account in the state special revenue fund and in the federal special revenue fund.

(b) The Montana heritage preservation and development commission shall deposit any federal money that the commission obtains into the appropriate account provided for in this section.

(2) Money deposited in the accounts must be used for:

(a) restoration, maintenance, and operation of historic properties in Virginia City and Nevada City; and

(b) restoring and maintaining historically significant properties in Montana that are in need of preservation.

(3) Unless otherwise prohibited by law or agreement, all interest earned on money in the accounts must be deposited in the state special revenue fund to the credit of the commission. (Terminates June 30, 2027--sec. 12, Ch. 563, L. 2021.)
Mont. Code Ann. § 22-1-302 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-302
22-1-302 Purpose
Status: in_force

22-1-302 . Purpose. It is the purpose of this part to encourage the establishment, adequate financing, and effective administration of free public libraries in this state to give the people of Montana the fullest opportunity to enrich and inform themselves through reading.
Mont. Code Ann. § 22-3-1401 — MT Code / Title 22 / Chapter 3 / Part 14 / Section 22-3-1401
22-3-1401 Legislative approval of national designations
Status: in_force

22-3-1401 . Legislative approval of national designations. Any designation by the United States national park service of a national heritage area or national historic trail, pursuant to 54 U.S.C. 300101, et seq., that extends beyond federal land requires the approval of the legislature prior to a congressional act.
Mont. Code Ann. § 22-1-310 — MT Code / Title 22 / Chapter 1 / Part 3 / Section 22-1-310
22-1-310 Chief librarian -- personnel -- compensation
Status: in_force

22-1-310 . Chief librarian -- personnel -- compensation. The board of trustees of each library shall appoint and set the compensation of the chief librarian who shall serve as the secretary of the board and shall serve at the pleasure of the board. With the recommendation of the chief librarian, the board shall employ and discharge such other persons as may be necessary in the administration of the affairs of the library, fix and pay their salaries and compensation, and prescribe their duties.
Mont. Code Ann. § 22-1-1103 — MT Code / Title 22 / Chapter 1 / Part 11 / Section 22-1-1103
22-1-1103 Nondisclosure of library records
Status: in_force

22-1-1103 . Nondisclosure of library records. (1) No person may release or disclose a library record or portion of a library record to any person except in response to:

(a) a written request of the person identified in that record, according to procedures and forms giving written consent as determined by the library; or

(b) an order issued by a court of competent jurisdiction, upon a finding that the disclosure of such record is necessary because the merits of public disclosure clearly exceed the demand for individual privacy.

(2) A library is not prevented from publishing or making available to the public reasonable statistical reports regarding library registration and book circulation if those reports are presented so that no individual is identified therein.

(3) Library records may be disclosed to the extent necessary to return overdue or stolen materials or collect fines.
Mont. Code Ann. § 22-3-421 — MT Code / Title 22 / Chapter 3 / Part 4 / Section 22-3-421
22-3-421 Definitions
Status: in_force

22-3-421 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Affected property owner" means a person or entity whose real property will be physically affected by the activity of an applicant or whose real property is proposed for incorporation into a historic district proposed as eligible for listing in the National Register of Historic Places.

(2) "Antiquities permit" means the permit granted for excavation, removal, or restoration of heritage properties or paleontological remains provided for in 22-3-432 .

(3) "Applicant" means a person who applies to a governmental entity, including a federal, state, or local governmental entity, for a permit, license, or lease on property owned by the governmental entity.

(4) "Heritage property" means any district, site, building, structure, or object located upon or beneath the earth or under water that is significant in American history, architecture, archaeology, or culture.

(5) "Historic preservation office" means the office within the Montana historical society provided for in 2-15-1512 .

(6) "Historic preservation officer" means the officer provided for in 2-15-1512 .

(7) "Paleontological remains" means fossilized plants and animals of a geological nature found upon or beneath the earth or under water which are rare and critical to scientific research.

(8) "Preservation review board" means the board provided for in 2-15-1512 .

(9) "Register" means the National Register of Historic Places, the official list of the nation's heritage properties worthy of preservation because of national, state, or local significance.

(10) "Registered property" means any heritage property listed in the register.

(11) "State agency" means any executive agency of the state of Montana.
Mont. Code Ann. § 22-2-601 — MT Code / Title 22 / Chapter 2 / Part 6 / Section 22-2-601
22-2-601 American Indian monument and tribal flags
Status: in_force

22-2-601 . American Indian monument and tribal flags. The state of Montana shall erect on the grounds of the capitol complex, in recognition of American Indians' contributions to this state and nation, either or both of the following:

(1) a monument, including specific recognition of the contributions and sacrifices made by Montana's past, present, and future American Indian war veterans, in consultation with the advisory committee established in 22-2-602 ;

(2) the flags of the tribes in Montana as authorized by the governor.