This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) Public libraries receiving state payments must meet the following essential standards by July 2007 and each year following.

(2) General essential standards for public libraries are as follows:

(a) The library is established under Montana's laws according to 22-1-301 through 22-1-317, 22-1-701 through 22-1-1711, or Title 7, MCA;

(b) The board conforms to all applicable state, local, and federal laws, rules, and regulations;

(c) Monthly, or at least six meetings a year with no gap between meetings greater than 90 days, library board meetings are held in an accessible location at times and a place convenient to the public and according to state laws on public meetings; and

(d) The library submits the Montana Public Library Annual Statistical Report to the Montana State Library.

(3) General enhanced standards for public libraries are as follows:

(a) In order for the board to be knowledgeable about current library issues, new board members receive an orientation by the library director, a trustee, and/or others; and

(b) On an annual basis, board members report on how they have promoted and supported the library, its programs, and services.

(4) General excellent standards for public libraries are as follows:

(a) The library provides for continuing education for its trustees by allocating funds to support continuing education costs, including travel expenses;

(b) At least two members of the library board will attend a regional or statewide library related activity each year;

(c) Board members will discuss library issues with local government officials at least twice a year, and state and/or national government officials at least once a year;

(d) Every five years, the board will review, evaluate, and compare its own governance structure with different governance structures for the library. This includes districting, county library systems, etc;

(e) At least three library board members join any professional library association and dues are paid by the library; and

(f) At least two trustees are certified by the state library.

(1) General essential standards for public libraries are as follows:

(a) Every three years, the board reviews and updates its bylaws as necessary;

(b) The board develops, studies, evaluates, reviews, updates, and adopts as necessary all library policies at least once every three years. When the board reviews library policies, the policies' effect on the library's relations with the public are evaluated; and

(c) The public must have easy access to written policies, procedures, and bylaws.

(1) General essential standards for public libraries are as follows:

(a) The board uses the Montana Public Library Annual Statistical Report to review the library's year-to-year progress and performance; and

(b) The library governing authority adopts emergency response plans that ensure the safety of the public and staff as the primary priority.

(2) General enhanced standards for public libraries are as follows:

(a) The library has a written three- to five-year long-range plan, and reviews it annually. The long-range plan addresses services, facilities, public relations, technology, etc;

(b) The board evaluates the library's performance against the stated objectives in the long-range plan; and

(c) The library must have a vision statement.

(3) General excellent standards for public libraries are as follows:

(a) Community representatives, the board, and the director develop a long-range plan for the library; and

(b) At least every five years, the library conducts community studies and makes use of other needs assessment techniques to ensure community participation in the design and delivery of library service.

(1) General essential standards for public libraries are as follows:

(a) The board and the director follow fiscal procedures consistent with state law and local government requirements in preparing, presenting, and administering its budget;

(b) Local tax revenues provide at least 50 percent of the support for the library. Grants, donations, and other revenue sources supplement but do not supplant local tax support;

(c) The director works with the board to develop an annual financial plan or budget; and

(d) Every three years the board and the director review the adequacy of insurance coverage for the collection and building, and update the coverage as necessary.

(2) General enhanced standards for public libraries are as follows:

(a) The library sets aside money in a depreciation fund to meet requirements for capital expenditures; and

(b) Local tax revenues provide at least 60 percent of the support for the library. Grants, donations, and other revenue sources supplement but do not supplant local tax support.

(3) General excellent standards for public libraries are as follows:

(a) The library has established a foundation or endowment;

(b) The foundation board and/or the library board develops a plan for planned giving;

(c) The foundation board and/or the library board establishes a policy regarding the acceptance of gifts of real and personal property, endowment funds, and planned giving;

(d) The library has a Friends of the Library organization; and

(e) Local tax revenues provide at least 70 percent of the support for the library. Grants, donations, and other revenue sources supplement but do not supplant local tax support.

(1) General essential standards for public libraries are as follows:

(a) The board hires the director according to local, state, and federal regulations and delegates the day-to-day management of the library to the director;

(b) The board evaluates the performance of the director annually;

(c) Each public library has a paid director who is responsible for the administration of library services;

(d) Libraries that serve more than 25,000 people employ a library director with a graduate degree in library or information science or its equivalent; and

(e) All public library directors will be certified by the state library.

(2) General enhanced standards for public libraries are as follows:

(a) The director conducts a formal performance appraisal of each staff member at least annually;

(b) The library director informs the board of pending legislation that affects libraries on the local, state, and national levels;

(c) The library director reviews and updates procedures every three years; and

(d) The library director joins the State Library Association.

(3) General excellent standards for public libraries are as follows:

(a) The director keeps the community and funding officials aware of the library's purpose, planning, and services through the use of newspaper articles, web sites, radio programs, attending meetings, etc;

(b) The director forms collaborative partnerships with other agencies and organizations in the library's service area;

(c) Libraries that serve less than 25,000 people employ a library director who has an AA/AS or higher degree;

(d) In addition to the library director's annual evaluation, the library director is evaluated every three years by the board with the input of staff, library users, and/or library nonusers; and

(e) The board pays for the library director to join the State Library Association.

(1) General essential standards for public libraries are as follows:

(a) The library board provides continuing education for the director and staff members by allocating funds to support continuing education costs, including travel expense and salary;

(b) Paid staff persons are present during 90 percent of all open hours;

(c) The board must adopt and review a personnel policy every three years;

(d) The library maintains written, up-to-date job descriptions; and

(e) All libraries must have internet access for staff.

(2) General enhanced standards for public libraries are as follows:

(a) Volunteer programs have written policies, procedures, and job descriptions;

(b) Every staff member attends at least one continuing education eligible training program per year;

(c) Appropriate library staff have e-mail accounts available for communication and professional development;

(d) There is at least one personal computer for staff use only; and

(e) Staff receives in-house training or are encouraged to attend workshops.

(3) General excellent standards for public libraries are as follows:

(a) Regardless of population, total library staff is not less than one full-time employee;

(b) The library board encourages and supports staff involvement in community organizations and activities; and

(c) Employees have access to health insurance and retirement through the public library.

(1) General essential standards for public libraries are as follows:

(a) The board and the director determine the days of the week and the hours during the day to be open to provide maximum service;

(b) The library is open during the week at least the following minimum hours. Many libraries exceed this minimum because the community, the board, and the director recognize that the number of hours of public service leads to greater use by the public. A library with more than one service outlet may use the total nonoverlapping hours of all outlets to meet the minimum requirement;

Population	Minimum	Desirable
less than 3,500	15	25-40
more than 3,500	30	40-50
more than 10,000	40	50-60
more than 25,000	50	60+

(c) Library users who wish to copy materials available from noncirculating items or from computer files must have access to a photocopy machine or printer;

(d) The library must have a telephone and answer telephone inquiries; and

(e) The library must provide access to resources and services for patrons with disabilities.

(2) General enhanced standards for public libraries are as follows:

(a) Library customers are able to access library information from remote locations;

(b) When necessary, the library refers customers to other places to fulfill the customer's information needs; and

(c) Library has a web site where users can access electronic resources.

(3) General excellent standards for public libraries are as follows:

(a) The library provides appropriate access to library services for specialized populations, including, but not limited to, the homebound, the institutionalized, and non-English speaking populations.

(1) General essential standards for public libraries are as follows:

(a) The board adopts a collection management policy that it reviews every three years. The policy addresses the use of electronic resources;

(b) The board and the director develop an annual materials budget as part of the library budget;

(c) The library uses at least one professionally recognized review source; and

(d) The library provides access to federal, state, and local government documents that are appropriate to its community.

(2) General enhanced standards for public libraries are as follows:

(a) The library cooperates with other community institutions to plan and implement access to electronic resources;

(b) The library provides access to materials for those with disabilities and others who may have special needs; and

(c) The library is on the collection management honor roll.

(3) General excellent standards for public libraries are as follows:

(a) The library cooperates with other local and regional libraries in collection development to provide a wide range of materials in a variety of formats to meet the needs of the community.

(1) General essential standards for public libraries are as follows:

(a) Materials are purchased to ensure a steady flow of materials for the public;

(b) The library catalogs and organizes its collection according to standard cataloging and classification systems and procedures. Automated records comply with the machine-readable catalog (MARC) format; and

(c) The library offers interlibrary loan and follows the Montana state interlibrary loan protocols.

(2) General enhanced standards for public libraries are as follows:

(a) The library uses an online interlibrary loan system; and

(b) The library has an automated system for circulation, cataloging, and public access catalogs that has reporting features and supports MARC records.

(3) General excellent standards for public libraries are as follows:

(a) The library collection is available online; and

(b) The library, if appropriate, has joined a shared integrated library system, also known as a shared catalog.

(1) General essential standards for public libraries are as follows:

(a) The library's collection is continually evaluated for additions and deletions based on the library's collection management policy.

(2) General enhanced standards for public libraries are as follows:

(a) The library monitors the use of the collection through analyzing statistical information, including circulation per capita and the collection's turnover rate.

(1) General essential standards for public libraries are as follows:

(a) The board and the director evaluate the library building every three years to determine adequate space needs;

(b) The board and the director identify and attempt to address any identified facility shortcomings in a building plan;

(c) The library facility is safe for the public and staff; and

(d) The library's facilities conform to local requirements for accessibility.

(2) General enhanced standards for public libraries are as follows:

(a) The library has an exterior sign visible from the nearest roadway that identifies it as the library;

(b) The library has a public meeting area available; and

(c) The library facility is evaluated for accessibility.

(3) General excellent standards for public libraries are as follows:

(a) The library has adequate, well-lit parking; and

(b) The library's facilities conform to federal requirements for accessibility.

(1) General essential standards for public libraries are as follows:

(a) The library cooperates in state, regional, and national efforts to promote library services; and

(b) The library uses basic PR/marketing tools such as brochures, flyers, bookmarks, newspaper, radio, TV, public service outlets, web sites, story times, displays, and programs in the library.

(2) General enhanced standards for public libraries are as follows:

(a) The library targets special groups within the community for programs or services (seniors, ethnic populations, etc.);

(b) Funds are budgeted for publicity either by the library and/or the Friends of the Library; and

(c) Staff and board are encouraged to bring the library's message to the community at appropriate venues.

(3) General excellent standards for public libraries are as follows:

(a) The library allocates funds for public relations, has a community awareness program, and actively promotes its mission;

(b) The library conducts a community assessment to evaluate the library's marketing efforts;

(c) The library establishes or works with existing community advisory groups to encourage community involvement and improve service. Examples of such groups include youth, seniors, genealogy, local history, and other identified segments of the population;

(d) The library has a Friends of the Library organization; and

(e) The library maintains an up-to-date web site.

(1) General essential standards for public libraries are as follows:

(a) Every two years the library gathers feedback on library services from library users and nonusers. The library can use a variety of methods, including but not limited to, surveys, focus groups, and community meetings;

(b) The library uses comparative statistics, annual surveys, or other methods to evaluate the services offered;

(c) The library offers programming for children and adults;

(d) The library has policies and/or procedures for services provided;

(e) The library programming is free and open to all;

(f) The library must make every effort to maintain confidentiality of library records as addressed in 22-1-1103, MCA; and

(g) Core library services as defined by the local community and library are provided all hours the library is open. Examples include lending circulating materials, reference, and interlibrary loan.

(2) General enhanced standards for public libraries are as follows:

(a) The library provides information about the community to customers;

(b) The library offers programming for children, adults, and young adults; and

(c) The library offers or makes patrons aware of virtual reference services.

(3) General excellent standards for public libraries are as follows:

(a) The library collaborates with other community organizations and educational institutions to promote library services;

(b) The library provides library outreach services;

(c) The library has a Friends of the Library organization; and

(d) The library has wireless internet access for patrons.

(a) This statement will provide for a status report regarding each essential standard and will require the signature of the library director and the library board chair.

(b) The signed and dated certification statement will be returned to the state library by July 25th of each year.

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

(a) The state librarian may grant a waiver of any of the standards in ARM 10.102.1150A through 10.102.1150M if:

(i) the library certifies that application of these standards would cause a hardship; and

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

(b) The state librarian shall notify the library requesting the waiver of the decision by letter by October 1.

(c) 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 and a statement that the application of the standard will cause a hardship.

(d) The state librarian may grant an extension for one year only. No other extension is allowed.

(a) Any public library shall have the right to appeal. The request for the appeal shall be made to the State Librarian at P.O. Box 201800, Helena, MT 59620-1800 ((406) 444-3115) within 12 working days of the receipt of the letter denying payment.

(b) 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.

(c) 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.

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

(e) 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.

(f) 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.

(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.

(2) The effective date for certification requirement of ARM 10.102.1150A through 10.102.1150M is July 1, 2007.

(1) The Montana State Library Commission has adopted additional public library standards that are not presented in these rules because they are not mandatory standards.

(2) The commission strongly recommends that all public libraries follow as many of the recommended library standards as possible.

(3) The full set of standards can be found on the state library's web site.

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.

(a) “Public library” means those libraries as defined in 22-1-303 through 22-1-317 , MCA, and in Title 7, MCA.

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

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

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

(e) “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.

(f) “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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

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 an annual land information plan, the application and granting processes, the grant monitoring process, and the process for coordination of technological standards for creating land information as provided in 90-1-404, MCA.

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

(1) "Available grant funds" means the balance of the Montana land information account on March 31 of each fiscal year, plus an estimate of not-yet-deposited state funds held by counties as of that date, less the state library's budget associated with duties and responsibilities defined in 90-1-404, MCA, for the fiscal year and any funds committed to grants.

(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, or other conditions that define the nature of applications that will be accepted.

(3) "Grant review subcommittee" means a subcommittee established by the council that, together with the state library, will formulate grant criteria consistent with the purpose of the Montana Land Information Act, and review grant applications.

(4) "Land information plan subcommittee" means a subcommittee established by the council that, together with the state library, will formulate land information plans.

(5) "Montana spatial data infrastructure" or "MSDI" means digitally formatted land information that is identified by the council as necessary to meet the land 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.

(6) "State agency" means any entity of the executive branch, including the university system as defined in 2-15-102, MCA.

(7) "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.

(8) "Theme stewards" means those agencies or organizations recognized by the council as having responsibility for promoting land information that is considered part of the Montana spatial data infrastructure.

(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) Annual land information plans will be developed to meet the purpose of the Montana Land Information Act, including the coordination, creation, collection, maintenance, integration, or dissemination of MSDI themes, or other associated work.

(2) Theme stewards may provide to the land information plan subcommittee suggested specific goals and objectives relating to the theme they represent for the next fiscal year.

(3) The state library shall prepare its suggested goals and objectives for the same time period, and shall provide the land information plan subcommittee the budget necessary to carry out these duties and responsibilities. During the same period the state library will ask for public comment on goals and objectives for the next fiscal year's land plan. By November 1 of each fiscal year, the state library with advice from the land information plan subcommittee, shall develop a draft land information plan for the next fiscal year. The plan shall 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. The state library shall submit the draft plan to the council and the council shall advise the state library on recommended changes to the draft plan and the library's budget.

(4) By December 15 of each fiscal year, the state library shall complete the land information plan and submit the plan to the state library commission for approval. Upon approval by the library commission the state library shall publish the final plan on the library's web site.

(1) By January 15 of each fiscal year, the state library, with advice from the grant review subcommittee, shall develop the grant criteria for the fiscal year beginning on the following July 1, based upon the goals and objectives from the land information plan, and shall publish the grant criteria, grant application forms, and instructions for submitting grant applications to the library's web site. Grant criteria may allow for funding multiyear projects.

(2) Grant applications received by the state library before 5:00 p.m. on February 15 will be considered.

(3) Upon receipt, the state library will advise applicants of incomplete grant applications. Applications initially incomplete, but completed and received by March 1, will be evaluated for possible funding.

(4) By May 1 of each fiscal year, the state library, based on grant criteria and with advice of the grant review subcommittee, shall identify grant applications that meet the grant criteria and warrant approval and shall rank them in priority order. Previously approved multiyear projects may be placed at the top of the priority list. The grant review subcommittee chair shall distribute the results to the council, consider additional comments, and report those comments to the state library if necessary.

(5) By May 15 of each fiscal year, the state library commission, with advice of the grant review subcommittee, shall finalize the priority order of the grants.

(6) The state library shall disburse available grant funds to grant applicants in the order of priority set forth under (5). Available grant funds in excess of the funding necessary for the applications that meet the grant criteria shall be added to the available grant funds for the subsequent grant period.

(1) The state library shall monitor each grant, contracted service, or federal matching fund. Depending upon the deliverables or types of services, the state library may require additional quarterly or other reports that verify the deliverables or services are meeting documented specifications.

(2) The state library will notify the council of actions the state library takes when any grants or contracted services do not meet the specific deliverables or timelines defined in the statement of work.

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