BEFORE THE MONTANA STATE LIBRARY

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rules I through III pertaining to depository procedures for state publications

) ) ) )

NOTICE OF PROPOSED ADOPTION   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On December 5, 2018, the Montana State Library proposes to adopt the above-stated rules.

 

2. The Montana State Library will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Montana State Library no later than 5:00 p.m. on November 23, 2018, to advise us of the nature of the accommodation that you need. Please contact Marlys Stark, Montana State Library, P.O. Box 201800, Helena, Montana, 59620-1800; telephone (406) 444-3384; fax (406) 444-0266; TTY (406) 444-4799; or e-mail mstark2@mt.gov.

 

3. The rules as proposed to be adopted provide as follows:

 

NEW RULE I RULES FOR THE MONTANA STATE LIBRARY (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.

 

AUTH: 22-1-212, MCA

IMP: 22-1-212, MCA

 

NEW RULE II RULES FOR DEPOSITORY LIBRARIES (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.

 

AUTH: 22-1-212, MCA

IMP: 22-1-212, MCA

 

NEW RULE III RULES FOR STATE AGENCIES (1) State agencies shall post state publications to their 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).

 

AUTH: 22-1-212, MCA

IMP: 22-1-212, MCA

 

REASON:  Previous depository rules had been repealed. Statute requires depository rules for this library program.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Marlys Stark, Montana State Library, P.O. Box 201800, Helena, Montana, 59620-1800; telephone (406) 444-3384; fax (406) 444-0266; or e-mail mstark2@mt.gov, and must be received no later than 5:00 p.m., November 30, 2018.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Marlys Stark at the above address no later than 5:00 p.m., November 30, 2018.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be more than 25 persons based on the number of governmental subdivisions or agencies, as well as professional organizations and members of the public that use the many library services.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Jennie Stapp                                          /s/ Aaron LaFromboise                              

Jennie Stapp                                               Aaron LaFromboise

Rule Reviewer                                             Chairman

                                                                    Montana State Library

           

Certified to the Secretary of State October 23, 2018.