22-1-230, MCA. Administration of State Reference Network -- Rulemaking 

(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 reference network. 

(3) The state library commission shall adopt rules necessary to carry out the provisions of 22-1-231 and this section. 

22-1-230, MCA. Enterprise Fund Account For State Reference Network Operations 

(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 collected by the state library for the use of the state reference network must be deposited in the account to be used for state reference network operations by the state library. 

(b) Revenue collected from fees for the use of the state reference network pursuant to 22-1-230 must be deposited in the account. 

(c) All interest and earnings on money deposited in the account must be credited to the account and used for state reference network operations by the state library. 

ADMINISTRATIVE RULES OF MONTANA 

10.102.7001 Introduction 

(1) The following rules apply to the administration of a state reference network to provide real-time geospatial location data from any location within the network. 

10.102.7002 Definitions 

For the purposes of this subchapter, the following definitions apply: 

(1)  "Contributing organization" means an individual or organization that contributes equipment, equipment maintenance, network connectivity, or other comparable service to the state reference network of value equal to or greater than cost of an individual subscription rate.  Contributing organizations may receive credit for multiple logins based on the value of the contributions to the state reference network as established in a contributing organization agreement. 

(2)  "Contributing organization agreement" is an agreement between the Montana State Library and a contributing organization that depicts the value of the contribution and any credit the contributing organization will receive. 

(3)  "Educational use" means any use directly related to learning, teaching, training, research, and development that is part of the instructional functions performed by a qualified educational institution and, in the case of students, uses related to learning, training, research or development.  "Educational use" does not include commercial, professional, or any other for-profit purposes. 

(4)  "Educational use agreement" is a document between the Montana State Library and a faculty member of a Montana K-12 school, college, or university that documents the project, number of logins required, and period required to complete the project. 

(5)  "Login" is a username and password that is licensed to access the state reference network.  A login is associated with an individual or an organization. 

(6)  "Operating funds" means the amount of revenue necessary to operate the state reference network for the upcoming biennium. 

(7)  "State reference network" means a real time positioning network operated by the Montana State Library. 

(8)  "Subscription rate" means the annual cost per login. 

(9)  "Total logins" means the count of current logins as of December 1 of each even-numbered year plus an estimate of new logins in the coming biennium, minus the number of logins for contributing organizations. 

10.102.7003 Determination of Operating Funds and Rate Setting Process 

(1)  Each even-numbered year the State Library, in consultation with the Governor's Office of Budget and Program Planning, will determine the amount of operating funds necessary to operate the state reference network in the forthcoming biennium.   

(2)  The subscription rate will be set in accordance with procedures set forth by the Office of Budget and Program Planning. 

(3)  By January 1 of each odd-numbered year, the State Library will publicize the new rate. 

(4)  New subscription rates take effect July 1 of each odd-numbered year.