reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 1. Libraries › Part 7. Public Library Districts › 22-1-712. Multijurisdictional public library districts -- administration

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.
History: En. Sec. 21, Ch. 286, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 1. Libraries › Part 7. Public Library Districts › 22-1-716. Library depreciation reserve fund

22-1-716. Library depreciation reserve fund.
(1) The trustees of a public library district may establish a library depreciation reserve fund for the replacement and acquisition of property, capital improvements, and equipment necessary to maintain and improve district library services.
(2) Money for the library depreciation reserve fund is those funds that have been allocated for district library services in any year but which have not been expended by the end of the year. The money includes but is not limited to county appropriations, federal reserve sharing funds, and public and private grants.
(3) The money held in the library depreciation reserve fund may be invested as provided by law. All interest earned on the fund must be credited to the library depreciation reserve fund.
History: En. Secs. 7, 8, 9, Ch. 203, L. 2005.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 1. Libraries › Part 11. Library Records Confidentiality Act › 22-1-1101. Short title

22-1-1101. Short title.
This part may be cited as the "Montana Library Records Confidentiality Act".
History: En. Sec. 1, Ch. 476, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 1. Libraries › Part 11. Library Records Confidentiality Act › 22-1-1102. Definitions

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.
History: En. Sec. 2, Ch. 476, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 1. Libraries › Part 11. Library Records Confidentiality Act › 22-1-1103. Nondisclosure of library records

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.
History: En. Sec. 3, Ch. 476, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 1. Libraries › Part 11. Library Records Confidentiality Act › 22-1-1111. Penalty

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.
History: En. Sec. 6, Ch. 476, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 1. Montana Arts Council › 22-2-101. Montana arts council established

22-2-101. Montana arts council established.
In recognition of the increasing importance of the arts in the lives of the citizens of Montana, of the need to provide opportunity for our young people to participate in the arts and to contribute to the great cultural heritage of our state and nation, and of the growing significance of the arts as an element which makes living and vacationing in Montana desirable to the people of other states, the Montana arts council is hereby created as an agency of state government.
History: En. Sec. 1, Ch. 2, L. 1967; R.C.M. 1947, 82-3601.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 1. Montana Arts Council › 22-2-102. Membership of council -- appointment

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.
History: En. Sec. 2, Ch. 2, L. 1967; R.C.M. 1947, 82-3602; amd. Sec. 1, Ch. 385, L. 1989.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 1. Montana Arts Council › 22-2-103. Council membership -- tenure -- compensation

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. The presiding officer is the chief executive officer of the council. 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.
History: En. Sec. 3, Ch. 2, L. 1967; amd. Sec. 10, Ch. 51, L. 1974; amd. Sec. 55, Ch. 439, L. 1975; R.C.M. 1947, 82-3603; amd. Sec. 2, Ch. 385, L. 1989; amd. Sec. 352, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 1. Montana Arts Council › 22-2-104. Executive committee

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.
History: En. Sec. 4, Ch. 2, L. 1967; R.C.M. 1947, 82-3604.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 1. Montana Arts Council › 22-2-105. Administrative officers and employees -- compensation

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.
History: En. Sec. 5, Ch. 2, L. 1967; amd. Sec. 11, Ch. 51, L. 1974; R.C.M. 1947, 82-3605.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 1. Montana Arts Council › 22-2-106. Council duties

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.
History: En. Sec. 6, Ch. 2, L. 1967; amd. Sec. 39, Ch. 93, L. 1969; R.C.M. 1947, 82-3606; amd. Sec. 9, Ch. 125, L. 1983; amd. Sec. 2, Ch. 115, L. 2005.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 1. Montana Arts Council › 22-2-107. Gifts and donations

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.
History: En. Sec. 7, Ch. 2, L. 1967; amd. Sec. 11, Ch. 3, L. 1977; R.C.M. 1947, 82-3607; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 48, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 1. Montana Arts Council › 22-2-108. Authorization for council to enter certain contracts

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.
History: En. Sec. 8, Ch. 2, L. 1967; R.C.M. 1947, 82-3608.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 1. Montana Arts Council › 22-2-109. Financing of council

22-2-109. Financing of council.
The council may engage in such fundraising drives and public contribution campaigns as will contribute to its continued development and support. All revenues received in such manner shall be deposited in the state special revenue fund of the state treasury and may not be used for any purposes other than the improvement, development, and operation and programs of the council.
History: En. Sec. 9, Ch. 2, L. 1967; R.C.M. 1947, 82-3609; amd. Sec. 1, Ch. 277, L. 1983.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 2. Montana Folklife Project (Expired) › 22-2-201. Expired

22-2-201. Expired.
Sec. 1, Ch. 473, L. 1981.
History: En. Sec. 1, Ch. 531, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 2. Montana Folklife Project (Expired) › 22-2-202. Expired

22-2-202. Expired.
Sec. 1, Ch. 473, L. 1981.
History: En. Sec. 2, Ch. 531, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 2. Montana Folklife Project (Expired) › 22-2-203. Expired

22-2-203. Expired.
Sec. 1, Ch. 473, L. 1981.
History: En. Sec. 3, Ch. 531, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 2. Montana Folklife Project (Expired) › 22-2-204. Expired

22-2-204. Expired.
Sec. 1, Ch. 473, L. 1981.
History: En. Sec. 4, Ch. 531, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 2. Montana Folklife Project (Expired) › 22-2-205. Expired

22-2-205. Expired.
Sec. 1, Ch. 473, L. 1981.
History: En. Sec. 5, Ch. 531, L. 1979.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 3. Cultural and Aesthetic Projects › 22-2-301. Cultural and aesthetic projects grants

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.
History: En. Sec. 2, Ch. 653, L. 1979; amd. Sec. 1, Ch. 99, L. 1983; Sec. 22-3-112, MCA 1981; redes. 22-2-301 by Code Commissioner, 1983; amd. Sec. 1, Ch. 587, L. 1991.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 3. Cultural and Aesthetic Projects › 22-2-302. Advisory committee -- powers and duties

22-2-302. Advisory committee -- powers and duties.
(1) 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.
History: En. Sec. 3, Ch. 99, L. 1983.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 3. Cultural and Aesthetic Projects › 22-2-303. Rulemaking authority

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.
History: En. Sec. 5, Ch. 99, L. 1983; amd. Sec. 4, Ch. 732, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 3. Cultural and Aesthetic Projects › 22-2-304. Cultural and aesthetic project appropriations -- administration

22-2-304. Cultural and aesthetic project appropriations -- administration.
(1) The legislature must appropriate funds from the income of the trust fund created in 15-35-108 for cultural and aesthetic projects before any grant for a cultural or aesthetic project is awarded.
(2) Costs incurred by the Montana arts council for accounting, correspondence, project visits, and solicitation of proposals related to cultural and aesthetic project grants and the costs of the advisory committee established in 2-15-1521 shall be paid from appropriations from the income of the trust fund.
(3) Grant proposals are heard by a legislative appropriations subcommittee.
(4) Grant proposals approved by the legislature are administered by the Montana arts council.
History: En. Sec. 4, Ch. 99, L. 1983; amd. Sec. 1, Ch. 13, L. 1985; amd. Sec. 5, Ch. 626, L. 1989; amd. Sec. 2, Ch. 8, Sp. L. January 1992.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 3. Cultural and Aesthetic Projects › 22-2-305. Allocation and disbursement of funds

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.
History: En. Sec. 2, Ch. 688, L. 1983; amd. Sec. 1, Ch. 315, L. 1987.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 3. Cultural and Aesthetic Projects › 22-2-308. Application procedure -- grant criteria

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.
History: En. Sec. 1, Ch. 732, L. 1985; amd. Sec. 2, Ch. 587, L. 1991; amd. Sec. 1, Ch. 479, L. 1993.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 3. Cultural and Aesthetic Projects › 22-2-309. Grant categories

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.
History: En. Sec. 2, Ch. 732, L. 1985; amd. Sec. 3, Ch. 315, L. 1987; amd. Sec. 2, Ch. 656, L. 1989.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 3. Cultural and Aesthetic Projects › 22-2-321. Reversion of granted funds

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.
History: En. Sec. 3, Ch. 688, L. 1983; Sec. 22-2-307, MCA 1983; redes. 22-2-321 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 4. Art for State Buildings › 22-2-402. Purpose

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.
History: En. Sec. 2, Ch. 552, L. 1983.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 4. Art for State Buildings › 22-2-403. Definitions

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.
History: En. Sec. 3, Ch. 552, L. 1983; amd. Sec. 353, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 4. Art for State Buildings › 22-2-404. Art for new state buildings -- finance

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.
History: En. Sec. 4, Ch. 552, L. 1983.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 4. Art for State Buildings › 22-2-405. Display of works of art

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.
History: En. Sec. 5, Ch. 552, L. 1983.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 4. Art for State Buildings › 22-2-406. Administration -- selection of works of art

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.
History: En. Sec. 6, Ch. 552, L. 1983; amd. Sec. 354, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 4. Art for State Buildings › 22-2-407. State ownership of work of art

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.
History: En. Sec. 7, Ch. 552, L. 1983.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 4. Art for State Buildings › 22-2-408. Part not exclusive

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.
History: En. Sec. 8, Ch. 552, L. 1983.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 5. Sale of Fine Art by Art Dealer › 22-2-501. Definitions

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.
History: En. Sec. 1, Ch. 534, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 5. Sale of Fine Art by Art Dealer › 22-2-502. Artist-art dealer relationship

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.
History: En. Sec. 2, Ch. 534, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 5. Sale of Fine Art by Art Dealer › 22-2-503. Agency relationship -- trust property

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.
History: En. Sec. 3, Ch. 534, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 5. Sale of Fine Art by Art Dealer › 22-2-504. Subsequent sale -- payment to consignor

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.
History: En. Sec. 4, Ch. 534, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 5. Sale of Fine Art by Art Dealer › 22-2-505. Waiver void -- exemption from U.C.C

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.
History: En. Sec. 5, Ch. 534, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 6. American Indian Monument and Tribal Flags › 22-2-601. American Indian monument and tribal flags

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.
History: En. Sec. 1, Ch. 755, L. 1991; amd. Sec. 1, Ch. 569, L. 2003; amd. Sec. 1, Ch. 281, L. 2019.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 6. American Indian Monument and Tribal Flags › 22-2-602. Advisory committee -- composition -- duties

22-2-602. Advisory committee -- composition -- duties.
(1) To coordinate the project provided for in 22-2-601(1), the governor shall appoint an advisory committee composed of the following 12 members:
(a) a representative from the Montana arts council;
(b) a representative from each of the federally recognized Indian tribes in Montana;
(c) a representative from the architecture and engineering division of the department of administration;
(d) the state director of Indian affairs or the state director's designee; and
(e) a representative of the Montana historical society.
(2) The advisory committee shall make recommendations to the department of administration for an appropriate design and site for the monument on the grounds of the capitol complex. The monument may be located separately from the tribal flags authorized in 22-2-601(2).
(3) The advisory committee shall solicit and accept private contributions to finance the monument and the placement of the monument on the grounds of the capitol complex.
History: En. Sec. 2, Ch. 755, L. 1991; amd. Sec. 6, Ch. 164, L. 2009; amd. Sec. 2, Ch. 281, L. 2019; amd. Sec. 5, Ch. 240, L. 2021.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 2. Arts › Part 7. Traditional Arts and Crafts › 22-2-701. Traditional arts and crafts account -- funding -- use

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.
History: En. Sec. 1, Ch. 289, L. 2007.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-101. Historical society

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.
History: En. Sec. 1, Ch. 47, L. 1963; R.C.M. 1947, 44-516.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-102. Definitions

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.
History: En. Sec. 2, Ch. 47, L. 1963; amd. Sec. 5, Ch. 3, L. 1977; amd. Sec. 1, Ch. 366, L. 1977; R.C.M. 1947, 44-517.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-103. Historical library -- independence from other libraries, museums, or galleries

22-3-103. Historical library -- independence from other libraries, museums, or galleries.
(1) There is a historical library, to be maintained and operated by the Montana historical society.
(2) The historical library and any historical museum administered by the society in accordance with the provisions of this part shall be independent of any other library, museum, or gallery owned, maintained, or operated by the state of Montana.
History: (1)En. 44-515.1 by Sec. 4, Ch. 3, L. 1977; Sec. 44-515.1, R.C.M. 1947; (2)En. Sec. 3, Ch. 47, L. 1963; amd. Sec. 6, Ch. 3, L. 1977; Sec. 44-518, R.C.M. 1947; R.C.M. 1947, 44-515.1, 44-518.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-104. Appointment and qualifications of board of trustees

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.
History: (1)En. Sec. 4, Ch. 47, L. 1963; Sec. 44-519, R.C.M. 1947; (2) thru (4)En. Sec. 5, Ch. 47, L. 1963; amd. Sec. 7, Ch. 3, L. 1977; amd. Sec. 1, Ch. 520, L. 1977; Sec. 44-520, R.C.M. 1947; R.C.M. 1947, 44-519, 44-520.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-105. Compensation and expenses of trustees

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.
History: En. 82A-507 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 7, Ch. 51, L. 1974; amd. Sec. 1, Ch. 203, L. 1975; amd. Sec. 23, Ch. 453, L. 1977; R.C.M. 1947, 82A-507(3); amd. Sec. 1, Ch. 3, L. 1979; amd. Sec. 8, Ch. 650, L. 1985.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-106. Executive committee

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.
History: En. Sec. 6, Ch. 47, L. 1963; R.C.M. 1947, 44-521.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-108. Function of director -- employment of assistants

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.
History: En. Sec. 9, Ch. 47, L. 1963; R.C.M. 1947, 44-524.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-109. Official seal

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".
History: En. Sec. 10, Ch. 47, L. 1963; R.C.M. 1947, 44-525.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-110. Decor of quarters

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.
History: En. Sec. 11, Ch. 47, L. 1963; R.C.M. 1947, 44-526.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-111. Financing of society

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.
History: En. Sec. 12, Ch. 47, L. 1963; R.C.M. 1947, 44-527.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-113. Acquisitions trust

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.
History: En. Sec. 1, Ch. 4, L. 1993; amd. Sec. 17, Ch. 34, L. 2001.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-114. Use of acquisitions trust funds -- principal nonexpendable -- investment of principal -- reversion of unspent revenue

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.
History: En. Sec. 2, Ch. 4, L. 1993; amd. Sec. 18, Ch. 34, L. 2001; amd. Sec. 2, Ch. 148, L. 2005.
2023 Montana Code Annotated › Title 22. Libraries, Arts, and Antiquities › Chapter 3. Antiquities › Part 1. Historical Society › 22-3-115. Montana historical interpretation state special revenue account

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.
History: En. Sec. 1, Ch. 358, L. 2011.