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Montana Administrative Register Notice 10-102-2101 No. 13   07/09/2021    
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BEFORE THE MONTANA STATE LIBRARY

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULE I essential standards-library board, governance, and working with the director, NEW RULE II essential standards-serving the community, NEW RULE III essential standards-personnel, NEW RULE IV essential standards-standard notification, final arbiter, and appeal process, and NEW RULE V essential standards-deferrals; the amendment of ARM 10.102.1156; and the repeal of ARM 10.102.1150A through 10.102.1150M, 10.102.1151 through 10.102.1154, and 10.102.1157

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NOTICE OF PROPOSED ADOPTION, AMENDMENT, AND REPEAL

 

NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

 

1. On August 19, 2021, the Montana State Library proposes to adopt, amend, and repeal 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 August 9, 2021, to advise us of the nature of the accommodation that you need. Please contact Genevieve Lighthiser, Montana State Library, 1515 E. 6th Avenue, Helena, Montana 59620; telephone (406) 444-3384; fax (406) 444-0266; TTY/TDD: (406) 444-4799; or email glighthiser@mt.gov.

 

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

           

            NEW RULE I  LIBRARY BOARD, GOVERNANCE, AND WORKING WITH THE DIRECTOR  (1)  The library is established per Title 7, MCA, Title 22, MCA, or through the legal process practiced by a tribal council.

(2)  The board meets at least six times a year and complies with Montana's open meeting laws when meeting.

(3)  Board members learn about the services the library provides to users, the role of the board in providing administrative and financial oversight, and the role of the board in planning for new services for users.

(4)  The board receives at least three hours of continuing education each year.

(5)  The board understands the revenue sources that fund the library, the budgeting process, and adopts a budget for the library.

(6)  For a library created under Title 7 or Title 22, MCA, at least 70% of the revenue is from local tax revenues.  Grants, donations, and other revenue sources supplement but do not supplant local tax support.  If a tribal college library serves tribal members, the tribal council recognizes and supports the efforts of the library to obtain funding.

(7)  The library budget shows year-to-year growth reflecting community needs.  The director and library board routinely present the library to the community and local government in a manner to maintain and increase the library's ability to meet their community's needs. 

(8)  The board and director identify in writing what they want to accomplish in the next three to five years, and that plan is focused on meeting community needs.  The board and director annually review their plan and progress made.

(9)  The board adopts emergency response plans that ensure the safety of the public and staff as the primary priority.

(10)  The director or designee submits the Montana Public Library Annual Statistical Report to the Montana State Library.  The board and director annually review public library statistics.

(11)  The board adopts and regularly reviews policies that reflect the mission and goals of the library.  The policies govern use of the library, its materials, and services.  No single policy goes more than four years without review.

(12)  The board and director review the most current Public Library Standards Road Map maintained by the Montana State Library.

 

AUTH: 22-1-103, MCA

IMP: 22-1-103, MCA

 

REASON: Montana's current public library standards, which can be found in ARM 10.102.1150A through 10.102.1150M, were adopted in 2010.  Since that time, numerous influences have begun to shape the nature of library service. Libraries have been under increasing budgetary pressure while at the same time tasked with providing new and changing services.  The changes to these standards reflect the need for library boards and directors to monitor funding resources, develop adequate budgets, and further their education to provide services that benefit community members.

 

NEW RULE II  SERVING THE COMMUNITY  (1)  The library is open during convenient hours.  At a minimum, the library is open at least the following number of hours weekly:

Service Area Population

Minimum

Desirable

Fewer than 3,500

15 hours

25-40 hours

3,501 – 9,999

30 hours

40-50 hours

10,000 – 24,999

40 hours

50-60 hours

More than 25,000

50 hours

60+ hours

(2)  Everyone has safe, comfortable, and convenient access to the library and its services.

(3)  Everyone has access to updated and regularly maintained physical and digital library content and services.

(4)  Everyone can find library materials online.

(5)  Everyone has access to virtual and face-to-face programming.

(6)  Everyone has access to information about local community and government activities that assists them with understanding local community issues and allows them to engage civically in the community.

(7)  Children and caregivers have access to early literacy programming and materials either through the library or by being directed to another community organization that specializes in early literacy.

(8)  Everyone has access to information about library programs and services through internal and external marketing efforts of library staff.

(9)  Everyone has access to a library website or social media site.

(10)  Everyone can obtain materials and services from another library through interlibrary loan services.

(11)  Everyone has access to the Internet via wired and WIFI connections.

(12)  Reasonable accommodations are made so that people with disabilities have access to the library's services.

 

AUTH: 22-1-103, MCA

IMP: 22-1-103, MCA

 

REASON: The State Library Commission, with input from the library community, articulated their vision for Montana library services that ensure that all Montanans will have access to library content and services, sufficient unto their needs.  Montana's libraries are being called upon to think more deliberately about the impact they have on their communities.  As the role of libraries change so too must the standards libraries strive to meet for libraries to successfully ensure that their users and communities thrive.  These service-oriented standards were updated to reflect the desire for libraries to focus on community members and their changing needs for library services.

 

NEW RULE III  PERSONNEL  (1)  Staff members are offered health insurance according to local policy.

(2) Staff members are offered retirement benefits according to local policy.

(3) The board adopts a sufficient budget for continuing education.

(4) During 90% of open hours, paid staff are available to assist users.

(5) Staff have the tools and training they need to perform their work.

(6) The director is or will be certified by the Montana State Library within the required timeframe mandated by the certification program adopted by the Montana State Library Commission.

(7) Directors of libraries that serve over 25,000 people have a Master of Library Science or equivalent degree.

 

AUTH: 22-1-103, MCA

IMP: 22-1-103, MCA

 

REASON: These standards were updated to reflect local policy and conditions.  The Public Library Standards Task Force also recognized the importance of library staff in the delivery of excellent library services.

 

            NEW RULE IV  STANDARD NOTIFICATION, FINAL ARBITER, AND APPEAL PROCESS  (1)  The State Library will notify libraries of any proposed changes to the standards at least six months before requiring libraries to implement standards.

(2)  Any library shall have the right of appeal.  The request for the appeal shall be made to the state librarian using the contact methods indicated on the State Library's website.  Appeals must be made within 12 days of the receipt of notification denying payment.

(a)  Upon receiving a notice of appeal, the state librarian, acting on behalf of the commission, shall convene an independent review committee.  The committee shall consist of:

(i)  a member named by the appellant who is not a member of the appellant's library staff, library board, or city or county commission;

(ii)  a member chosen by the chair of the State Library Commission, who is not a commissioner or a state library staff member; and

(iii)  a member from the library community who is not affiliated with the appellant's library, the State Library Commission, or state library staff, named by the president-elect of the Montana Library Association.

(b)  The independent review committee shall hear the appeal based on the following procedures:

(i)  Both the appellant and the State Library shall have equal opportunity to present testimony, either in writing or orally, and to respond to points raised by the other party.

(ii)  The independent review committee shall make its findings and recommendations to the Montana State Library Commission, which shall take final action on the appeal.

(c)  The commission can affirm, deny, or modify the findings and recommendations of the independent review committee.

(d)  The state librarian, upon final determination of the appeal by the commission, shall notify the appellant in writing.  This notice shall conclude the appeals process.

(e)  Neither the independent review process nor any subsequent review and decision process of the commission is a contested case, and common law and statutory rules of evidence do not apply to these proceedings.

           (3)  For any questions arising because of [NEW RULES I through V], the final arbiter is the State Library Commission.

 

AUTH: 22-1-103, MCA

IMP: 22-1-103, MCA

 

REASON: The State Library wished to notify libraries of the timeline for any changes to standards.  The changes to these standards combine the appeals process and the definition of the final arbiter.  This simplifies the current standards and places relevant information together.

 

            NEW RULE V  DEFERRALS  (1)  Any library may request, in writing, a waiver from the state librarian by July 25 of each year.     

            (a)  The state librarian may grant a waiver of any of the standards in [NEW RULES I through V] if the library:

            (i) explains why the standard(s) is not being met; and

            (ii)  provides a compliance plan by which the library will meet the standard(s).

            (b)  State Library staff will work with the library director to decide upon a timeline for achieving the standard(s).  The state librarian shall make the final decision on the amount of time the library has to comply with the standard(s) and will notify the library requesting the waiver of the decision by letter by October 1.

            (2)  Any library may request a one-year extension of the waiver from the state librarian in writing by July 25 of each year.  The library shall provide the state librarian with an updated compliance plan with an explanation of why they cannot meet the standard(s).

(3)  The state librarian may grant an extension for one year only.  No further extensions will be granted.

 

AUTH: 22-1-103, MCA

IMP: 22-1-103, MCA

 

REASON: This standard was updated to reflect the complexity of meeting certain standards and to give flexibility to libraries and the state librarian in determining a timeline for compliance.

 

4.  The rule proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

10.102.1156  EFFECTIVE DATE  (1)  In order to give all public libraries time to meet these standards, ARM 10.102.1150A through 10.102.1150M [NEW RULES I through V] will become effective on July 1, 2006 July 1, 2022.

(2)  The effective date for certification requirement of ARM 10.102.1150A through 10.102.1150M [NEW RULES I through V] is July 1, 2007 July 1, 2023.

 

AUTH: 22-1-103, MCA

IMP: 22-1-103, MCA

 

REASON: The change is due to the proposed repeal of ARM 10.102.1150A through 10.102.1150M and the adoption of NEW RULES I through V.

 

5. The State Library proposes to repeal the following rules:

 

            10.102.1150A  PUBLIC LIBRARY STANDARDS: GENERAL

 

10.102.1150B  PUBLIC LIBRARY STANDARDS: POLICIES AND BYLAWS

 

            10.102.1150C  PUBLIC LIBRARY STANDARDS: PLANNING AND EVALUATION

 

10.102.1150D  PUBLIC LIBRARY STANDARDS: FINANCE

 

10.102.1150E  HUMAN RESOURCES STANDARDS: LIBRARY DIRECTOR

 

10.102.1150F  HUMAN RESOURCES STANDARDS: GENERAL

 

10.102.1150G  HUMAN RESOURCES STANDARDS: ACCESS

 

            10.102.1150H  MATERIALS AND COLLECTIONS STANDARDS: COLLECTION DEVELOPMENT

 

            10.102.1150I  PUBLIC LIBRARY STANDARDS: ACCESS TO THE COLLECTION

 

            10.102.1150J  PUBLIC LIBRARY STANDARDS: COLLECTION EVALUATION

 

10.102.1150K  PUBLIC LIBRARY FACILITIES STANDARDS

 

10.102.1150L  PUBLIC LIBRARY PUBLIC RELATIONS STANDARDS

 

10.102.1150M  PUBLIC LIBRARY SERVICES STANDARDS

 

10.102.1151  CERTIFICATION STATEMENT

 

10.102.1152  DEFERRALS

 

10.102.1153  FINAL ARBITER

 

10.102.1154  APPEALS PROCESS

 

10.102.1157  ADDITIONAL RECOMMENDED LIBRARY STANDARDS

 

AUTH: 22-1-103, MCA

IMP: 22-1-103, MCA

 

REASON: The State Library Commission, with input from the library community, articulated their vision for Montana library services that ensure that all Montanans will have access to library content and services, sufficient to their needs.  Montana's libraries are being called upon to think more deliberately about the impact they have on their communities. 

As the role of libraries change, so too must the standards libraries strive to meet for libraries to successfully ensure that their users and communities thrive.

 

6. Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Genevieve Lighthiser, Montana State Library, 1515 E. 6th Avenue, Helena, Montana, 59620; telephone (406) 444-3384; fax (406) 444-0266; TTY/TDD: (406) 444-4799; or email glighthiser@mt.gov, and must be received no later than 5:00 p.m., August 9, 2021.

 

7. If persons who are directly affected by the proposed actions 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 Genevieve Lighthiser at the above address no later than 5:00 p.m., August 9, 2021.

 

8. 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 90 persons based on the staff and board members of affected libraries.

 

9. 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 made to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department.

 

10. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.

 

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

 

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

 

13. The proposed effective date of this rulemaking is July 1, 2022.

 

 

/s/ Jennie Stapp                                       /s/ Bruce Newell                             

Jennie Stapp                                            Bruce Newell

Rule Reviewer                                          Chair

                                                                  Montana State Library Commission

           

Certified to the Secretary of State June 29, 2021.

 

 

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