Title 22, Title 22

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) "Li…

(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) …

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 state library commission shall maintain and operate a state library to be located in Helena.

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.

(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 f…

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 go…

(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 p…

State agencies shall notify the state library of their state publications and shall make their state publications available to the state library as provided by rule. The state library shall, if requested by the agency, reimburse any state agency for state publications required to…

(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 un…

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 publ…

(1) There is an account in the governmental fund category state special revenue fund type to be known as the Montana state library trust, to be used as provided in 22-1-226. (2) Interest and earnings of the account must be retained by the account.

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

(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 …

(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 coll…

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 pub…

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.

A public library may be established in any county or city in any of the following ways: (1) The governing body of any county or city desiring to establish and maintain a public library may pass and enter upon its minutes a resolution to the effect that a free public library is es…

(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 …

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-c…

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 …

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

(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 commissioner…

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…

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 suc…

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. T…

Library boards of trustees, boards of other educational institutions, library agencies, and local political subdivisions are hereby empowered to cooperate, merge, or combine in providing library service.

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…

All public libraries heretofore established shall continue in existence, subject to the changes in administration provided herein.

(1) Instead of establishing a separate county free library, the board of county commissioners may enter into a contract with the board of library trustees or other authority in charge of the free public library of any incorporated city, and the board of library trustees or other …

(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 mu…

(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…

Sections 22-1-325 through 22-1-331 may be cited as the "Information Access Montana Act".

(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 adm…

(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 mul…

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…

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.

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 sta…

The commission shall provide a base grant for each public library to support the cooperative activities and services of the six library federations in the state.

It is the policy of the legislature to encourage the most efficient delivery of library services to the people of Montana. To that end the state should be divided into regions within which libraries desiring to participate in the distribution of such state funding to libraries as…

(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 …

(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 ma…

(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-…

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…

The Montana state library commission must receive and shall administer the appropriation for state funding to public library federations. The commission shall allocate the appropriation among grant programs and shall allocate funds among federations according to formulas for dist…

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 perio…