This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

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This rule has been repealed.

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This rule has been repealed.

This rule has been repealed.

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This rule has been repealed.

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This rule has been repealed.

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This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(a) This annual report may include such types of information as the Montana State Library commissioners shall deem necessary.

(b) In no instance shall the commission require new cumulations of statistical data without providing to each affected public library, 60 days prior to the beginning of the period of which information will be collected, notice of the commission's intention to require such cumulations as part of the annual report.

(1) In order to give all public libraries time to meet these standards, ARM 10.102.1158 through 10.102.1162 will become effective on July 1, 2022.

(2) The effective date for certification requirement of ARM 10.102.1158 through 10.102.1162 is July 1, 2023.

This rule has been repealed.

(1)  A public library is defined at 22-1-301(3), MCA, established in Title 7, MCA, or an accredited tribal college library that provides service to the public. All libraries must comply with the standards set forth in ARM Title 10, chapter 102, subchapter 11. 

(2)  The public library board shall meet at least six times a year and shall comply with Montana's open meeting laws.

(3)  The public library board members shall learn about the services the library provides to users, the role of the board in providing administrative and financial oversight, and the role of the board in planning for new services for users.

(4)  The public library board shall receive at least three hours of continuing education each year.

(5)  The public library board shall understand the revenue sources that fund the library, the budgeting process, and shall adopt an annual budget for the library.

(6)  For a public library defined at 22-1-301(3), MCA, and created under Title 7, MCA, at least 70% of the revenue shall be derived from local tax revenues.  Grants, donations, and other revenue sources supplement but do not supplant local tax support. For an accredited tribal college library that serves tribal members, the tribal council shall recognize and support the efforts of the library to obtain funding.

(7)  Public library boards and directors shall identify the requisite financial resources necessary to provide adequate library services pursuant to the library's mission and shall regularly communicate with community and local government leaders about financial needs and ability to meet community needs. 

(8)  The public library board, in consultation with the director, shall identify in writing what they want to accomplish in the next three to five years, and that plan shall be focused on meeting community needs.  The board and director shall annually review their plan and progress made.

(9)  The public library board shall adopt emergency response plans that ensure the safety of the public and staff as the primary priority.

(10)  The public library director or designee shall submit the Montana Public Library Annual Statistical Report to the Montana State Library.  The public library board and director shall annually review public library statistics.

(11)  The public library board shall adopt and regularly review policies that reflect the mission, objectives, and goals of the public library.  The policies shall govern use of the public library, its materials, and services.  No single policy may exist more than four years without review.

(12)  The public library board and director shall be familiar with the most current Public Library Standards Road Map maintained by the Montana State Library.

(1)  The library is open during convenient hours.  At a minimum, the library is open at least the following number of hours weekly: 

(2)  Everyone has safe, comfortable, and convenient access to the library and its services.

(3)  Everyone has access to updated and regularly maintained physical and digital library content and services.

(4)  Everyone can find library materials online.

(5)  Everyone has access to virtual and face-to-face programming.

(6)  Everyone has access to information about local community and government activities that assists them with understanding local community issues and allows them to engage civically in the community.

(7)  Children and caregivers have access to early literacy programming and materials either through the library or by being directed to another community organization that specializes in early literacy.

(8)  Everyone has access to information about library programs and services through internal and external marketing efforts of library staff.

(9)  Everyone has access to a library website or social media site.

(10)  Everyone can obtain materials and services from another library through interlibrary loan services.

(11)  Everyone has access to the Internet via wired and WIFI connections.

(12)  Reasonable accommodations are made so that people with disabilities have access to the library's services.

(1)  Staff members are offered health insurance according to local policy. 

(2) Staff members are offered retirement benefits according to local policy.

(3) The board adopts a sufficient budget for continuing education.

(4) During 90% of open hours, paid staff are available to assist users.

(5) Staff have the tools and training they need to perform their work.

(6) The director is or will be certified by the Montana State Library within the required timeframe mandated by the certification program adopted by the Montana State Library Commission.

(1)  The State Library will notify libraries of any proposed changes to the standards at least six months before requiring libraries to implement standards. 

(2)  Any library shall have the right of appeal.  The request for the appeal shall be made to the state librarian using the contact methods indicated on the State Library's website.  Appeals must be made within 12 days of the receipt of notification denying payment.  

(a)  Upon receiving a notice of appeal, the state librarian, acting on behalf of the commission, shall convene an independent review committee.  The committee shall consist of:

(i)  a member named by the appellant who is not a member of the appellant's library staff, library board, or city or county commission;

(ii)  a member chosen by the chair of the State Library Commission, who is not a commissioner or a state library staff member; and

(iii)  a member from the library community who is not affiliated with the appellant's library, the State Library Commission, or state library staff, named by the president-elect of the Montana Library Association.

(b)  The independent review committee shall hear the appeal based on the following procedures:

(i)  Both the appellant and the State Library shall have equal opportunity to present testimony, either in writing or orally, and to respond to points raised by the other party.

(ii)  The independent review committee shall make its findings and recommendations to the Montana State Library Commission, which shall take final action on the appeal.

(c)  The commission can affirm, deny, or modify the findings and recommendations of the independent review committee.

(d)  The state librarian, upon final determination of the appeal by the commission, shall notify the appellant in writing.  This notice shall conclude the appeals process.

(e)  Neither the independent review process nor any subsequent review and decision process of the commission is a contested case, and common law and statutory rules of evidence do not apply to these proceedings.

(3)  For any questions arising because of ARM 10.102.1158 through 10.102.1162, the final arbiter is the State Library Commission.

(1)  Any library may request, in writing, a waiver from the state librarian by July 25 of each year.              

(a)  The state librarian may grant a waiver of any of the standards in ARM 10.102.1158 through 10.102.1162 if the library:

(i) explains why the standard(s) is not being met; and

(ii)  provides a compliance plan by which the library will meet the standard(s).

(b)  State Library staff will work with the library director to decide upon a timeline for achieving the standard(s).  The state librarian shall make the final decision on the amount of time the library has to comply with the standard(s) and will notify the library requesting the waiver of the decision by letter by October 1.

(2)  Any library may request a one-year extension of the waiver from the state librarian in writing by July 25 of each year.  The library shall provide the state librarian with an updated compliance plan with an explanation of why they cannot meet the standard(s).

(3)  The state librarian may grant an extension for one year only.  No further extensions will be granted.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) (a) Any disagreement among participants in a library federation regarding the application for or apportionment or utilization of funds or grants received from the commission shall be referred in writing by any participating library or entity to the state librarian.

(b) The state librarian shall assign a member of the state library staff to investigate the disagreement and to prepare a staff report to the commission with a proposed decision.

(c) When the staff report and proposed decision are completed, copies shall be sent to the disputing participants in the federation and the matter placed on the agenda of the next commission meeting.

(d) The commission shall proceed to hear the parties and staff in accordance with the procedures set forth in ARM 10.101.206, and render a decision.

(1) The Commission has established a statewide interlibrary resource-sharing program (hereinafter resource-sharing program) to support and facilitate resource-sharing among libraries in Montana.� The resource-sharing program consists of those library services provided to participating libraries pursuant to the Group Services Contract between the Montana State Library and OCLC Online Computer Library Center, Inc., and the services provided to participating libraries through the licensing and maintenance of the Montana Shared Catalog.� Fifty percent of the funds appropriated by the Legislature for the resource-sharing program shall be allocated to pay a portion of the cost of the Group Services Contract between the Montana State Library and OCLC Online Computer Library Center, Inc.� The remaining 50 percent of the funds appropriated by the Legislature for the resource-sharing program shall be allocated to pay a portion of the ongoing cost of licensing and maintaining the Montana Shared Catalog for participating libraries. The latter funds shall not be used for the purpose of offsetting the cost of adding new-member libraries to the Montana Shared Catalog.

�

For the purposes of this subchapter, the following definitions apply:

(1)  "Additional population" means the population count that is to be credited to each public library based on the proportion of that municipality's population to the total population of the county.

(2)  "Additional square miles" means the number of square miles credited to each public library based on the proportion of that municipality's population to the total population of the county.

(3)  "Leftover population" means the population count remaining in each county after the population counts of each municipality with library service are subtracted.

(4)  "Leftover square miles" means the number of square miles left in each county after the square miles of each municipality with public library service are subtracted from the total number of square miles in the county.

(5)  "Population" means those official, final figures from the most recent decennial census of population produced by the U.S. Census Bureau.

(6)  "Public library" is defined at 22-1-301(3), MCA, established in Title 7, MCA, or an accredited tribal college library that provides services to the public. All libraries must comply with the standards set forth in ARM Title 10, chapter 102, subchapter 11.

(7)  "State funding" means state aid per capita funding and funding received through a library federation.  To receive state funding, libraries must meet the public library standards set forth in ARM 10.102.1158 through 10.102.1161 or be granted a deferral as set forth in ARM 10.102.1162.

(1) The per capita portion of the direct state aid to public libraries will be distributed annually based on the following:

(a) In counties which have county-wide library service from one public library, or in which only one municipal public library exists, the most recent decennial census figure will be multiplied by the amount of state aid available per capita in each year.

(b) In each county with more than one municipal public library, the following procedure will be employed:

(i) The population counts of all municipalities with public libraries are added together and subtracted from the total county population resulting in the leftover population figure.

(ii) Each year all monies received by these libraries from the county commission are added together; each year each library's total is divided by the total amount received by all the libraries to determine the percentage of money given to each library by the county.

(iii) The leftover population figure is multiplied by the percentage of money each library receives from the county in order to determine the additional population figure which will be credited to each library.

(iv) The municipal population and additional population figures are added together to determine the total population which will be credited to each library.

(v) For each library the total population credited to each library is multiplied by the amount of per capita state aid available in each year to determine the total per capita support.

(vi) In the case of counties in which no county aid is provided to municipal libraries, the additional population credited to each library is based solely on the ratio of each municipal library's service area population to the total county population.

(vii) In the case of counties in which only one of two or several municipal libraries receives county aid, the library receiving county aid is credited with the entire county population exclusive of the population present in the service area populations of any other municipal libraries.

(viii) The population counts of legally annexed areas, as determined by the latest decennial U.S. census, will be credited to the municipality annexing the area the year following the annexation.

(2) The per square mile portion of the direct state aid to public libraries will be distributed annually based on the following:

(a) In counties which have county-wide library service from one public library, or in which only one municipal public library exists, the total square miles of each county will be multiplied by the amount of state aid available per square mile in each year.

(b) In each county with more than one municipal public library, the following procedure will be employed:

(i) The number of square miles of all municipalities with public libraries are added together and subtracted from the total number of square miles in the county to determine the leftover square miles.

(ii) The population counts of all municipalities with public libraries are added together, and each library's population is divided by the total county population to determine the percentage of the county population credited to each library.

(iii) The leftover square miles figure is multiplied by the percentage of the county population credited to each library in order to determine the additional square miles to be credited to each library.

(iv) Each municipality's square miles are added to their appropriate additional square miles to determine the total square miles credited to each library.

(v) For each library the total square miles credited to each library is multiplied by the amount of per square mile state aid available in each year to determine the total per capita support.

(3) In the case of library districts which are not defined by municipal or county boundaries, but by boundaries such as school districts, both the per capita and the per square mile state aid will be distributed using the appropriate boundaries and population figures as if they were municipal or county boundaries and counts.

(4) In each county which has no public libraries, the State Library will contact the county commission indicating that the county will qualify for per capita and per square mile state aid if the county commission establishes county-wide library service as provided for in state statute, or if the county commission contracts for library services with another county or municipal library as provided for in state statute. If such means are not established within a six-month period following written notice received from the State Library, the state aid which would have gone to the county will be allotted to the federation headquarters library in whose area this county is located for use in federation activities.

(5) For any questions arising because of this rule, the final arbiter is the State Library commission.

(1) At its first meeting following receipt by the library commission of the estimate of the appropriation to public library federations the commission shall allocate all funds received to library federations according to the following formulas:

(a) Before funds are allocated among federations, the travel expenses for federation coordinators will be estimated and subtracted off the top of the funds federations receive. Each federation will receive travel funds for its coordinator. The remaining portion of the appropriation allocated to library federations shall be distributed among the six federations according to the following formula: 50 percent of the first $250,000 shall be divided equally among the six federations and 50 percent shall be allocated on the basis of population within the six federations.

(b) Any appropriation in excess of $250,000 shall be divided according to the following formula: 20 percent of the remainder shall be allocated equally among the six federations. 80 percent of the remainder shall be allocated among the six federations on the basis of population.

(2) The state library commission has the responsibility and authority to approve federation plans of service and to approve or deny funding for the components of the plans of service.

(a) A federation and individual member libraries of a federation may not receive a distribution of appropriated funds from the state library commission until the federation's annual plan of service for federation activities is approved by the commission.

(b) Following approval of a federation's plan of service, the state library commission, through the state library, will distribute appropriated funds to libraries that are members of the federation according to the federation's approved plan of service.

(c) The state library commission can disapprove a plan of service only because:

(i) it was not prepared according to the procedures and forms established by the state library commission; or

(ii) it does not address the authorized purposes and/or priorities as established by the state library commission to implement its state long range plan for libraries.

(3) Each federation's annual plan of service shall be based upon direction given by the state library commission from its consideration of the state long range plan for libraries. The annual plan of service is submitted to the state library each spring for consideration and action by the state library commission. Changes or appeals related to the plans of service are acted upon by the state library commission in May and June of each year.

(4) Each federation member shall expend the federation funds according to the purposes stipulated in the federation's plan of service. Each member shall annually report how the funds were used for the stated purposes to the federation coordinator and a copy of the report will be provided to the state library commission. If the federation member does not use funds as set forth in the annual plan of service, the federation coordinator shall notify the state library commission within 30 days.

(5) If a federation member does not use funds in accordance with the proposals set forth in the annual plan of service, then the member will be notified by the state library commission and the member shall return the funds to the state library commission within 60 days. The state library commission shall revert such funds to the appropriate state account.

(6) Each federation shall ensure equal opportunity for representation of its member libraries and shall have approved bylaws that shall address approval procedures for the annual plan of service, proxy voting, quorum requirements and other procedural matters necessary for conducting federation business.

(7) An appeals process shall be available for any federation that is denied funding or for any member library that is required to revert funds. This appeals process shall follow the appeals process for denial of a grant as set forth in ARM 10.101.206.

This rule has been repealed.

This rule has been repealed.

(1) Libraries eligible to join federations include any public, school, special, college, tribal, or university library.

(2) Each member of the federation shall designate one person to serve as a voting delegate to the federation. Delegates shall establish in the federation bylaws the size and the composition of the federation board of trustees.

(a) The majority of the board shall be public library trustees and the board shall have at least one representative from each type of library that participates in the federation;

(b) At the spring meeting, the federation delegates shall elect the board members according to federation advisory board bylaws.

(1) The commission receives a legislative appropriation to fund the base grants. The total distribution per federation shall remain the same as in FY 1998 unless the legislative appropriation changes.

(2) After receiving recommendations from the advisory board, the federation shall distribute the base grants in two ways:

(a) The federation may use the grants to fund federation projects that maintain or improve cooperative library services and activities; or

(b) The federation may also allocate base grants to public libraries to support the cooperative activities and services of the federation.

(i) The federation shall direct these grants to meet the following objectives:

(A) to increase the amount and quality of unique library resources in the federation and state. Libraries may purchase library materials to accomplish goals established in the federation or state's collection development plan;

(B) to increase the online availability of local bibliographical information. Libraries may purchase subscriptions to bibliographic databases, add and maintain holdings in these databases, and purchase the necessary equipment and software;

(C) to increase the visibility of libraries in the federation or state. Libraries may use base grants to promote or market libraries through a group project involving more than one library in the federation;

(D) to increase the work-related knowledge, skills, and abilities of library staff and trustees. Libraries may use base grants to support education opportunities and to share this education with other federation members; or

(E) to support other objectives that enhance the cooperative activities and services of the federation.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The following rules apply to the administration of a state reference network to provide real-time geospatial location data from any location within the network.

For the purposes of this subchapter, the following definitions apply:

(1)  "Contributing organization" means an individual or organization that contributes equipment, equipment maintenance, network connectivity, or other comparable service to the state reference network of value equal to or greater than cost of an individual subscription rate.  Contributing organizations may receive credit for multiple logins based on the value of the contributions to the state reference network as established in a contributing organization agreement.

(2)  "Contributing organization agreement" is an agreement between the Montana State Library and a contributing organization that depicts the value of the contribution and any credit the contributing organization will receive.

(3)  "Educational use" means any use directly related to learning, teaching, training, research, and development that is part of the instructional functions performed by a qualified educational institution and, in the case of students, uses related to learning, training, research or development.  "Educational use" does not include commercial, professional, or any other for-profit purposes.

(4)  "Educational use agreement" is a document between the Montana State Library and a faculty member of a Montana K-12 school, college, or university that documents the project, number of logins required, and period required to complete the project.

(5)  "Login" is a username and password that is licensed to access the state reference network.  A login is associated with an individual or an organization.

(6)  "Operating funds" means the amount of revenue necessary to operate the state reference network for the upcoming biennium.

(7)  "State reference network" means a real time positioning network operated by the Montana State Library.

(8)  "Subscription rate" means the annual cost per login.

(9)  "Total logins" means the count of current logins as of December 1 of each even-numbered year plus an estimate of new logins in the coming biennium, minus the number of logins for contributing organizations.

(1)  Each even-numbered year the State Library, in consultation with the Governor's Office of Budget and Program Planning, will determine the amount of operating funds necessary to operate the state reference network in the forthcoming biennium.  

(2)  The subscription rate will be set in accordance with procedures set forth by the Office of Budget and Program Planning.

(3)  By January 1 of each odd-numbered year, the State Library will publicize the new rate.

(4)  New subscription rates take effect July 1 of each odd-numbered year.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The Montana State Library shall follow the State Publications management plan as adopted by the Montana State Library Commission.

(2) The Montana State Library shall review the State Publications management plan biannually and update it as appropriate.

(1) Depository libraries from their website shall provide no charge access to state government information including digitized state publications and the archived collection of state agency websites provided by the Montana State Library.

(2) Depository libraries that are members of the Montana Shared Catalog shall include the State Government Information Center (SGIC) as part of the catalog search profile.

(3) Depository libraries not members of the Montana Shared Catalog shall load MARC catalog records provided by the Montana State Library for state publications into their local catalog.

(4) Depository library staff shall attend online training once every two years provided by the Montana State Library on providing access and reference service for state government information.

(5) Each depository library shall promote itself as a state government information center using promotional materials provided by the Montana State Library.

(6) Directors of depository libraries shall designate a staff person as a point of contact and provide the point of contact information to the state library.

(7) Depository libraries shall notify the state library should they wish to leave the depository library program.

(1) State agencies shall post state publications to their publicly accessible websites. State publications should remain posted for a minimum of 90 days.

(2) State agencies shall notify the state library of new domain names that are outside of mt.gov and part of the state Domain Name System (DNS).

(1) The following rules define the development of a geospatial information plan, the application and granting processes, the grant monitoring process, and the process for coordination of technological standards for creating geospatial information as provided in 90-1-404, MCA.

In addition to the definitions found in 90-1-403, MCA, the following definitions apply:

(1) "Council" means the Montana Geospatial Information Advisory Council as defined in 90-1-405, MCA.

(2) "Grant criteria" mean any specific grant conditions set forth by the state library, with the advice of the council, pertaining to subject matter of grant applications, applicable standards, submittal of applications, or other conditions that define the nature of applications that will be accepted.

(3) "Montana spatial data infrastructure" or "MSDI" means digitally formatted geospatial information, policies, best practices, and data products that are identified by the council as necessary to meet the geospatial information needs of the state of Montana and its citizens. The MSDI can and does include data themes identified in the National Spatial Data Infrastructure and where collaborative opportunities exist, presents an opportunity to support framework data for the nation.

(4) "State agency" means any entity of the executive branch, legislative branch, or judicial branch, including, without limitation, the university.

(5) "Statement of work" means a description of scope of a project including any background statements, a comprehensive listing of responsibilities for buyers and sellers, deliverables and their schedules, acceptance criteria, and special terms and conditions of performance.

(6) "Theme stewards" means those agencies or organizations recognized by the council as having responsibility for leading and promoting geospatial information, geospatial technology, and/or geographic information systems (GIS) that are considered part of the Montana spatial data infrastructure.

This rule has been repealed.

(1) Each fiscal year, the council will appoint a land information plan subcommittee and grant review subcommittee from existing council members to advise the state library, on behalf of the council, on the land information plan, grant criteria, and prioritization of grant submittals.

(2) The subcommittees will minimally consist of:

(a) a state agency representative;

(b) a federal agency representative;

(c) a tribal representative;

(d) a local government representative;

(e) a private sector representative;

(f) a member representing a Montana association of geographic information systems (GIS) professionals; and

(g) one of the legislative members.

(3) The subcommittees shall elect a chair from their membership.

(4) The subcommittees shall gather and distribute materials to the entire council in a manner determined by the council.

(1) A geospatial information plan will be developed to meet the purpose of the Montana Geospatial Information Act, including the coordination, creation, collection, maintenance, integration, or dissemination of MSDI themes, geospatial standards, or other associated work.

(2) Theme stewards may provide to the council suggested specific goals and objectives relating to the theme they represent.

(3) By September 1 of each fiscal year, the State Library will complete a review of the geospatial information plan. 

(4) If a rewrite or updates are necessary, the State Library will prepare the geospatial information plan and the budget necessary to carry out these duties and responsibilities. The plan will include specific goals and objectives based upon input from theme stewards, the state library and comments received during the public comment period along with a budget for the state library's duties and responsibilities as defined in 90-1-404, MCA.

(5) The State Library will seek public comment on the plan.

(6) The State Library will submit the draft plan to the council and the council will advise the State Library on recommended changes to the draft plan and the library's budget.

(1) The State Library will develop the grant criteria based upon the goals and objectives from the geospatial information plan, and will publish the grant criteria, grant application forms, and instructions for submitting grant applications to the library's web site. Grant criteria will allow for two-year funding and may allow for multiyear projects.

(2) Grant applications received by the State Library that comply with applicable grant procedures will be considered for funding.

(3) By May 1 of each even-numbered year, the State Library, based on grant criteria and with advice of the council, will identify and prioritize grant applications that meet the grant criteria and warrant approval. Previously approved multiyear projects must be placed at the top of the priority list. The State Library will distribute the results to the council.

(4) By May 15 of each even-numbered year, the State Library commission, with advice of the council, will award grants.

This rule has been repealed.

(1) The state library commission, with advice of the council, may approve requests for funding that fall outside of the regular grant cycle.