HOUSE BILL NO. 125
INTRODUCED BY R. JOHNSON
BY REQUEST OF THE STATE LIBRARY COMMISSION
AN ACT RELATING TO LIBRARIES AND LIBRARY SYSTEMS; SPECIFYING INTERLIBRARY LOANS NOT ELIGIBLE FOR REIMBURSEMENT; AUTHORIZING THE STATE LIBRARY COMMISSION TO ADOPT RULES; MODIFYING THE DEFINITION OF "LIBRARY FEDERATION" AND ADDING PARTIES WHO MAY CONTRACT FOR THE FORMATION OF LIBRARY FEDERATIONS; REQUIRING LIBRARY FEDERATIONS TO SUBMIT ANNUAL PLANS FOR THE EXPENDITURE OF STATE FUNDS; AMENDING SECTIONS 22-1-328, 22-1-330, 22-1-402, 22-1-404, AND 22-1-413, MCA; AND PROVIDING EFFECTIVE DATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 22-1-328, MCA, is amended to read:
"22-1-328. State interlibrary loan program -- reimbursement -- eligibility. (1) Each Montana library eligible for reimbursement under this section for participation in the statewide interlibrary loan program must be reimbursed according to the rules adopted by the commission.
(2) Libraries eligible for interlibrary loan reimbursement under this section include public libraries, libraries operated by public schools or school districts, libraries operated by public colleges or universities, libraries operated by public agencies for institutionalized persons, and libraries operated by nonprofit, private medical, educational, or research institutions.
(3) Notwithstanding subsections (1) and (2), the following types of interlibrary loans are not eligible for reimbursement:
(a) a loan between public school libraries located within the same public school district;
(b) a loan between an elementary school library and a high school library located within school districts with overlapping school district boundaries;
(c) a loan between libraries administered by a public or private nonprofit college or university; and
(d) a loan between libraries administered by a public library."
Section 2. Section 22-1-330, MCA, is amended to read:
"22-1-330. Commission rulemaking authority. The commission may adopt rules and procedures for:
(1) the distribution of state aid to public libraries on a per capita and per square mile basis, for;
(2) issuance of state multilibrary cards, and for;
(3) reimbursement for interlibrary loan lending;
(4) distribution of base grants provided for in 22-1-331; and
(5) the composition of the library federation board of trustees, as provided in 22-1-404."
Section 3. Section 22-1-402, MCA, is amended to read:
"22-1-402. Library systems -- definition. (1) Library systems must include library federations or library networks.
(2) (a) 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 federation area may participate in a federation.
(b) Two or more cities, towns, or counties, or; a city and one or more counties; or school, special, college, or university
libraries may agree by contract to form a federation by action of their respective governing bodies or duly created boards of
library trustees, provided that if one of the parties is or maintains a library that has been designated by the state library
commission as a headquarters library for that federation area. The participating entities may retain the autonomy over their
respective libraries that specified in the contract.
(c) The expense of providing library services for the library federation must be based on funds received from the state or participating libraries as agreed upon in the contract. The funds of the federation must be maintained as a separate account as provided in the contract. Participating libraries shall transfer semiannually to the account all money collected for the federation in their respective jurisdiction.
(d) A participating entity may withdraw from a federation according to the terms for withdrawal provided in the contract by the action of its governing body or by a majority of its qualified voters voting at a general or special election. A special election must be held in conjunction with a regular or primary election.
(3) A library network is an agreement between individual libraries or library systems, which may be intercity, intrastate, or interstate, for the exchange of information or to provide specific library services not provided in existing library federations."
Section 4. Section 22-1-404, MCA, is amended to read:
"22-1-404. Board of trustees -- coordinator. (1) In a library federation, there shall must be a board of trustees with
advisory powers only, the operation of the library federation having been specified by contract. The board of trustees of
each participating library shall name one of their members to the federation advisory board of trustees, and each
participating entity without a duly appointed library board shall name a layman to represent that entity on the library
federation board of state library commission, provided for in 22-1-101, shall adopt rules governing the composition of the
federation board of trustees. A majority of the members of each federation board of trustees must be trustees of a public
library, as defined in 22-1-326.
(2) The librarian of the headquarters library shall serve as the coordinator of the federation and as a nonvoting member of the federation advisory board of trustees."
Section 5. Section 22-1-413, MCA, is amended to read:
"22-1-413. Administration by Montana state library commission. The Montana state library commission shall must
receive and shall administer the appropriation for state funding to public library federations. The commission shall allocate
such the appropriation among such types of grant programs and shall allocate funds among federations according to such
formulas for distribution as it shall establish from time to time by the commission establishes in rules adopted pursuant to
22-1-103. Federations receiving state funds from the commission shall submit annual plans for the expenditure of state
funds and report semiannually to the commission concerning the progress of the various projects for which state funding
was received, which. The reports shall must contain an accounting for all state funds received."
Section 6. Effective dates. (1) [Section 2 and this section] are effective on passage and approval.
(2) [Sections 1 and 3 through 5] are effective October 1, 1999.
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Latest Version of HB 125 (HB0125.ENR)
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