Depository Library Law

22-1-211. Definitions. As used in this part, the following definitions apply:

    (1) "Depository library" means a library contracted by the state library 22-1-212 (2) to provide the general public access to state publications.

    (2) "State agency" means any entity established or authorized by law to govern operations of the state, such as a state office, officer, department, division, section, bureau, board, commission, council, and agency of the state and all subdivisions of each.

    (3)(a) "State publication" means any information originating in or produced by the authority of a state agency or at the total or partial expense of a state agency that the agency intends to distribute outside the agency, regardless of format or medium, source or copyright, license, or trademark.

    (b) The term does not include information intended only for distribution to contractors or grantees of the agency, persons within the agency, or members of the public under 2-6-1002 or information produced by a state agency that is intended strictly for internal administrative or operational purposes.

    22-1-212. Administration of state publications depository library program — rulemaking.

    (1) The state library shall administer a state publications depository library program to identify, acquire, catalog, preserve, and provide access to state publications.

    (2) The state library may enter into contracts with other libraries to carry out the provisions of the state publications depository library program.

    (3) The state library commission shall adopt rules necessary to carry out the provisions of this part.

22-1-213. State publications — notification and availability requirements.

State agencies shall notify the state library of their state publications and shall make available their state publications to the state library as provided by rule. The state library shall, if requested by the agency, reimburse any state agency for state publications required to be made available when the quantity desired will necessitate unreasonable expense to the agency.

    22-1-218. Exemptions.

    (1) This part does not apply to:

        (a) the state law library in connection with the collection described under 22-1-501;

        (b) the code commissioner in connection with duties under Title 1, chapter 11, as amended; and

        (c) the legislative services division in connection with duties under 5-11-203 as amended; and

        (d) the Montana university system.

    (2) The state library may, at its option and without causing the university system to incur expense, collect, catalog, and make available selected publications of units of the Montana university system.

22-1-219. Permanent public access to state publications.

The state library shall routinely notify depository libraries of recently acquired state publications. The state library shall coordinate with state agencies and depository libraries to ensure permanent public access to state publications. The state library shall offer state publications that it removes from its collection to the Montana historical society, which shall determine which state publications must be preserved as provided for in 22-3-203.

Questions? Please email or call Jim Kammerer at (406) 444-5432.