House Bill No. 141

Introduced By keenan, bergsagel

By Request of the Legislative Audit Committee

A Bill for an Act entitled: An Act revising administrative functions concerning the supreme court; eliminating the requirement that the supreme court make quarterly settlements with the state auditor; revising the requirement for free distribution of volumes of reports of decisions; amending sections 3-2-603 and 3-2-604, MCA; and repealing section 3-2-405, MCA.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 3-2-603, MCA, is amended to read:

"3-2-603.   Duties of reporters. (1) The reporters of the decisions of the supreme court shall make careful and accurate reports of the cases decided by the supreme court. The reports of the cases shall must be made under the supervision of and pursuant to rules adopted by the justices of the supreme court.

(2)  Reports of all cases shall be furnished to the West Publishing Company for inclusion in its publication, the Pacific Reporter, and to any other private printing or duplicating concern requesting the reports for publication.

(3)  The department of administration, on request of the supreme court, shall contract with a publishing house to publish volumes of reports. The style, size, and format of the reports shall be determined by the justices. The department of administration shall prepare and issue a call for bids and, in accordance with the terms and specifications of the call, contract with the lowest and best bidder. The contract shall provide that the copies of the reports purchased by state or local governmental agencies of Montana, including the reports purchased by the supreme court pursuant to 3-2-604, shall be sold to them by the publisher at the cost of publication."

Section 2.  Section 3-2-604, MCA, is amended to read:

"3-2-604.   Distribution of reports. (1) On the publication of each volume of the reports, the supreme court shall purchase up to 221 copies from the publisher. The court shall and distribute them at no charge and in the following manner:

(a)  to the state library for distribution, five copies;

(b)  to the library of congress, four copies;

(c)  to the university of Montana-Missoula law library, two copies;

(d) each volume to each justice of the supreme court, and to each district court judge, and county attorney, one copy; and

(e)(b)  four copies of each volume to the law library of the state of Montana, four copies;

(f)  to the attorney general, 11 copies;

(g)  to other institutions, publishers, authors, and libraries with which the state law librarian has established a system of exchange for materials of comparable value, up to 50 copies; and

(h)  to the university of Montana-Missoula up to 50 copies to be used by the law librarian of the university for the purpose of exchanges for materials of comparable value with libraries, universities, and institutions of higher education in other states.

(2)  All reports distributed to state, district, and other officers in the state pursuant to subsection (1) are for the use of their the office and shall must be, by the person receiving them, turned over to his the successor in office."

Section 3.  Repealer. Section 3-2-405, MCA, is repealed.