Title 22, Title 22

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.

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…

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 dono…

The council may contract with individuals, organizations, and institutions for services or cooperative endeavors furthering the objectives of the council's programs.

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…

(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 Mon…

(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…

(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 cou…

(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, pr…

(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 appropriati…

(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 …

(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 financi…

(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…

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 fol…

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 S…

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.

This part may be cited as the "Percent-for-Art Act".

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 provid…

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 mem…

(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 acquisi…

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.

(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 …

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.

The provisions of this part are not the exclusive manner of acquiring and displaying works of art in public buildings.

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) "Art…

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 …

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 defin…

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 pur…

(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.

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'…

(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 Montan…

(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…