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History

 

The Montana Arts Council was created by executive order of Governor Tim Babcock on April 22, 1965. Dean Charles Bolen of the School of Fine Arts at the University of Montana was the first Chairman. Late in 1966, after the first Governor's Conference on the Arts in Butte, the survey, of the arts in Montana, required by the Nfational Endowment for the Arts was completed, and a report was submitted to the Governor and to the state. During the 40th Legislative Assembly, House Bill 12 made the Montana Arts Council an official agency of state government in 1967.

During the first years, the staff - a secretary, Jo-Anne Mussulman, and a part-time director, Luther Richman - ran the operation from free office space in the University of Montana, Fine Arts building on a budget of $12,000. The Council of 15 appointees distributed under $40,000 of National Endowment grant money.

The next legislature allocated $25,000 for each of the two years, but no program funds. A full-time director, Edward Groenhout, and the secretary moved to quarters near the mezzanine of the University of Montana Theater. This was the Montana Arts Council office for the next few years.

The Montana Arts Council survived executive reorganization only because of the vigilance of a former Montana Arts Council member who was also a legislator and lawyer. The Montana Arts Council was placed under the Board of Education for state budgetary purposes, along with the Historical Society and the Library Commission.  Dean Bolen left Montana, and Dean Harold Rose of Montana State University was appointed as Chairman, a position, which he held until 1972 when he was appointed to chair another state board. At that time, Edward Groenhout left for an academic position at Montana State University. David Nelson was hired, as executive director and Maxine Blackmer, the Vice-Chairman, became the Chairman.

In 1970, a full-time coordinator, Pat Simmons, was hired for the Artists-in-Schools program, the Montana Arts Council's largest continuing statewide program. A modest increase in the Montana Arts Council staff (from two to four) and a vast increase in services necessitated a move to larger quarters off campus.

The state authorization of only 4 FTEs put a heavy burden on a dedicated staff. There were also several contract employees who worked for the Arts Council through the Montana Institute of the Arts Foundation. The major problem for the Council at that time was lack of state program support and additional authority to make others working for the council state employees, rather than as contractors through the Montana Arts Foundation.

The Basic State Grant from the National Endowment and additional federal program grants helped the Council to meet some of its requests.

 (Note: The above history was written by Jo-Anne Mussulman, taking the agency’s history through the latter 1970s. The agency moved to Helena in 1984.

In 1992, David Nelson and Jo-Anne Mussulman  retired.  Arlynn (Arni) Fishbaugh was hired as the Executive Director in November 1992.  At the time, the staff had grown to 11 FTE, as authorized by the state.  Larry D. Williams was Chairman of the council at the time. In 1994, Larry did not seek re-appointment so that he might serve as the Chairman of the WESTAF (Western States Arts Federation) Board. Attorney Bill Frazier, of Big Timber, was appointed as the new Chairman by Governor Racicot (who also appointed him to a second five-year term in 1999.)

The mid-1990’s saw substantial growth in federal funding to the council, reaching a high of $795,090 in 1996. The programmatic areas of the council flourished and included organizational and artist services, arts education, rural arts, folk arts, communications and administration of the Cultural Trust grants as well as agency administration.

The 1997 federal funding cuts resulted in a 40% reduction in Montana’s federal funding to the agency.  The council made as a priority grant programs and restructured internally and reduced the number of staff by 40%.

The restructuring, that developed through 1998-2000, streamlined internal operations and grant procedures.  Project grants for arts organizations were changed to operating support, the most valuable type of funding for these groups, and these grants were made biennial, rather than annual, awards. The arts education roster for artist residencies was eliminated, and an artist listing was developed instead, and all artist-in-Schools/Communities applications were done through the web. The council authorized the arts education director to approve all grants under $2000, and all other arts education grants were reviewed by an arts education committee of the council. Technical assistance was outsourced to the private sector through a new Arts Pro program, consisting of experts throughout Montana providing this aid and paid an hourly rate by the council. In addition, a Professional Development grant program was developed to fund artists and organizations’ professional development needs, such as workshops, trainings, conferences, etc. Immediate Action grants were changed to Opportunity Grants and artists were made eligible for funding, in addition to organizations, by treating those awards as contracts payable upon receipt of their expense receipts.  Underwriting grants that funded individual presenters were changed to Tour Fee Support grants to fund Montana touring organizations, since 85% of the underwriting grants went to the same Montana touring companies.  The agency’s bi-monthly newsletter ArtistSearch was greatly expanded to a tabloid 24-36 page newspaper renamed State of the Arts, and established a reputation as the country’s finest state arts agency newspaper.

During 1998-2000, staff restructuring aligned itself to these new priorities, and the increased demand for access to information through the world-wide-web and the need for increased database capabilities. Programmatic staff structure changed to also accommodate the skills of the people in, or being hired for, MAC positions. As a result, the directors of areas included Arts Education/Web Services, Grants/Database Development, Folk Arts, and Communications, coupled with the services of the Deputy Director/Accountant and an executive and an administrative assistant.

State general fund continued to grow very slowly, as it had since the agency’s inception. Following the devastating federal cuts in 1997, there was an increase in general fund to pay for the technical assistance programs newly developed.

During the late 1990s and early in 2000, the agency shifted priorities to build public awareness about the value of the arts and the arts council, as well as to reinforce the public value of supporting the arts throughout the state.

The “public value” work done by the agency since that time has established MAC as a national leader in this arena. The agency consistently ranks in the top group of state arts agencies in the country during NEA grant review. MAC has worked hard to keep money going out the door to constituents while keeping operations streamlined.

Launched in 2006, Public Value Partnership grants fund operating support for Montana’s staffed arts organization. These grants are the core of the agency’s grant programs, and all grant programs in the agency have a tie-in wherein grantees talk about the public value of the service/organization/effort that is being funded with state dollars.

The Artist Innovation Awards were established in the 2009, the Montana Circle of American Masters program and the Montana Artrepreneur Program (MAP) were established at approximately the same time. The MAP program, in particular, has become a national model for teaching artists marketing and business skill development. The agency received private foundation and U.S. Department of Agriculture funding for this highly successful program.

Federal funding has gone up and down since 2000.  In FY2014, the agency experienced a cumulative 20% cut in federal funding.  A small portion of this was offset by state general fund during the FY13 legislative session.  During the time in which Governor Schweitzer was in charge, with the exception of his first year in office, there was no increase slated for the agency in his budgets.  Efforts to have increased general fund from the state remained a challenge through the 2013 session.

 



Laws

 

Part 1. Montana Arts Council
 

22-2-101. Montana arts council established. In recognition of the increasing importance of the arts in the lives of the citizens of Montana, of the need to provide opportunity for our young people to participate in the arts and to contribute to the great cultural heritage of our state and nation, and of the growing significance of the arts as an element which makes living and vacationing in Montana desirable to the people of other states, the Montana arts council is hereby created as an agency of state government.
 

History: En. Sec. 1, Ch. 2, L. 1967; R.C.M. 1947, 82-3601.
 

22-2-102. Membership of council -- appointment. The Montana arts council consists of 15 members appointed by the governor, by and with the consent of the senate. Insofar as possible, the governor shall appoint members from the various geographical areas of the state who have a keen interest in one or more of the arts and a willingness to devote time and effort in the public interest.
 

History: En. Sec. 2, Ch. 2, L. 1967; R.C.M. 1947, 82-3602; amd. Sec. 1, Ch. 385, L. 1989.
 

22-2-103. Council membership -- tenure -- compensation. The term of office of each member is 5 years. The governor shall designate a presiding officer and a vice presiding officer from the members of the council to serve in those capacities at the pleasure of the governor. The presiding officer is the chief executive officer of the council. Each vacancy must be filled for the balance of the unexpired term in the same manner as the original appointment. The members of the council must be compensated and receive travel expenses as provided for in 2-15-124.
 

History: En. Sec. 3, Ch. 2, L. 1967; amd. Sec. 10, Ch. 51, L. 1974; amd. Sec. 55, Ch. 439, L. 1975; R.C.M. 1947, 82-3603; amd. Sec. 2, Ch. 385, L. 1989; amd. Sec. 352, Ch. 56, L. 2009.
 

22-2-104. Executive committee. The council may select an executive committee of five members and delegate to the committee such functions in aid of the efficient administration of the affairs of the council as the council deems advisable.
 

History: En. Sec. 4, Ch. 2, L. 1967; R.C.M. 1947, 82-3604.
 

22-2-105. Administrative officers and employees -- compensation. The council may employ, and at pleasure remove, administrative officers and other employees as may be needed and fix their compensation within the amounts made available for such purposes.
 

History: En. Sec. 5, Ch. 2, L. 1967; amd. Sec. 11, Ch. 51, L. 1974; R.C.M. 1947, 82-3605.
 

22-2-106. Council duties. The council shall:
 

  1. Encourage throughout the state the study and presentation of the arts and stimulate public interest and participation in the arts;
  2. Cooperate with public and private institutions engaged within the state in artistic and cultural activities, including but not limited to music, theater, dance, painting, sculpture, architecture, and allied arts and crafts, and make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state;
  3. Foster public interest in the cultural heritage of our state and expand the state's cultural resources;
  4. Encourage and assist freedom of artistic expression essential for the well-being of the arts;
  5. As required under 2-15-242, nominate three individuals to serve as the state poet laureate and provide the list of nominees to the governor.

 

History: En. Sec. 6, Ch. 2, L. 1967; amd. Sec. 39, Ch. 93, L. 1969; R.C.M. 1947, 82-3606; amd. Sec. 9, Ch. 125, L. 1983; amd. Sec. 2, Ch. 115, L. 2005.

 

22-2-107. Gifts and donations. The council may acquire, accept, receive, dispose of, and administer in the name of the council any gifts, donations, properties, securities, bequests, and legacies that may be made to it. Money received by donation, gift, bequest, or legacy, unless otherwise provided by the donor, must be deposited in the state special revenue fund of the state treasury and used for the general operation of the council. The council is the official agency of the state to receive and disburse any funds made available by the national endowment for the arts.
 

History: En. Sec. 7, Ch. 2, L. 1967; amd. Sec. 11, Ch. 3, L. 1977; R.C.M. 1947, 82-3607; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 48, Ch. 2, L. 2009.
 

22-2-108. Authorization for council to enter certain contracts. The council may contract with individuals, organizations, and institutions for services or cooperative endeavors furthering the objectives of the council's programs.
 

History: En. Sec. 8, Ch. 2, L. 1967; R.C.M. 1947, 82-3608.
 

22-2-109. Financing of council. The council may engage in such fundraising drives and public contribution campaigns as will contribute to its continued development and support. All revenues received in such manner shall be deposited in the state special revenue fund of the state treasury and may not be used for any purposes other than the improvement, development, and operation and programs of the council.
 

History: En. Sec. 9, Ch. 2, L. 1967; R.C.M. 1947, 82-3609; amd. Sec. 1, Ch. 277, L. 1983.
 

Part 2. Montana Folklife Project (Expired)
 

Part 3. Cultural and Aesthetic Projects
 

22-2-301. Cultural and aesthetic projects grants.
 

  1. Any person, association, or representative of a governing unit seeking a grant for a cultural or aesthetic project from the income of the trust fund created in 15-35-108 must submit a grant proposal to the cultural and aesthetic projects advisory committee, in care of the Montana arts council, by August 1 of the year preceding the convening of a regular legislative session.
  2. Grant proposals must be for the purpose of protecting works of art in the state capitol or other cultural and aesthetic projects.

 

History: by Code Commissioner, 1983; amd. Sec. 1, Ch. 587, L. 1991.22-2-301, MCA 1981; redes. 22-3-112 En. Sec. 2, Ch. 653, L. 1979; amd. Sec. 1, Ch. 99, L. 1983; Sec.

 

22-2-302. Advisory committee -- powers and duties.
 

  1. The cultural and aesthetic projects advisory committee provided for in 2-15-1521 shall review all proposals for cultural and aesthetic project grants before they are submitted to the legislature.
  2. Consistent with the rules adopted in accordance with 22-2-303, the committee shall make recommendations to the legislature on each proposal submitted to the committee.
  3. The committee's recommendations to the legislature are advisory only.
  4. The committee shall present its recommendations to the appropriations committee of the legislature by the 15th day of any regular legislative session.

 

History: En. Sec. 3, Ch. 99, L. 1983.
 

22-2-303. Rulemaking authority.
 

  1. The Montana historical society and the Montana arts council shall adopt rules that specify the criteria the advisory committee shall use when evaluating and making recommendations on cultural and aesthetic grant proposals submitted to the legislature.
  2. The Montana arts council shall adopt rules that implement the provisions of 22-2-306, 22-2-308, and 22-2-309, relating to local support, matching requirements, application procedures, and disbursements of grants.

 

History: En. Sec. 5, Ch. 99, L. 1983; amd. Sec. 4, Ch. 732, L. 1985.

 

22-2-304. Cultural and aesthetic project appropriations -- administration.
 

  1. The legislature must appropriate funds from the income of the trust fund created in 15-35-108 for cultural and aesthetic projects before any grant for a cultural or aesthetic project is awarded.
  2. Costs incurred by the Montana arts council for accounting, correspondence, project visits, and solicitation of proposals related to cultural and aesthetic project grants and the costs of the advisory committee established in 2-15-1521 shall be paid from appropriations from the income of the trust fund.
  3. Grant proposals are heard by a legislative appropriations subcommittee.
  4. Grant proposals approved by the legislature are administered by the Montana arts council.

 

History: En. Sec. 4, Ch. 99, L. 1983; amd. Sec. 1, Ch. 13, L. 1985; amd. Sec. 5, Ch. 626, L. 1989; amd. Sec. 2, Ch. 8, Sp. L. January 1992.

 

22-2-305. Allocation and disbursement of funds.
 

  1. The Montana arts council shall allocate and disburse cultural and aesthetic project account funds as appropriated by the legislature.
  2. If the funds in the cultural and aesthetic projects account are insufficient to fund projects in the amount of the legislative appropriation for the projects, the council shall allocate and disburse the account's funds in accordance with the provisions of the appropriation act.

 

History: En. Sec. 2, Ch. 688, L. 1983; amd. Sec. 1, Ch. 315, L. 1987.
 

22-2-306. Grant conditions -- additional funds -- accounts and reports.
 

  1. A grant may not be awarded unless the grantee accepts the Montana arts council's conditions of the grant and signs a contract stipulating those conditions.
  2. A grantee must agree in writing that:
    1. the grantee is the official and sole agency for the administration of the project described in the grant agreement; and
    2. no person will, on the grounds of race, color, national origin, sex, or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that results from the expenditure of grant funds.
  3. The grantee must agree that the funds granted will be expended solely for the purpose and activities described in the approved proposal. All funds granted to the grantee must be spent or encumbered during the grant period.
  4. Disbursements to grantees must be as follows, based upon the cash flow needs of the projects and the revenues available:
    1. Projects that are to receive more than $10,000 may receive an amount not exceeding 25% of the grant award in the first 6 months of the biennium, 50% in the first year of the biennium, 75% in the first 18 months of the biennium, and the balance in the remainder of the biennium. Within the limitations contained in this subsection, the amount of each payment must be determined by the Montana arts council in its discretion. Each payment may be made only after an examination of the costs incurred in the project and the amount, if any, of the unencumbered or unexpended balance of prior grant payments for the project.
    2. Projects that are to receive $10,000 or less may receive the total grant in any fiscal quarter if the Montana arts council determines that the cultural and aesthetic project account has funds available and that, after an examination of the costs incurred by the project, total payment is appropriate.
    3. A grant award budget may be modified in accordance with this subsection. A grantee may modify line items in an approved budget in an amount not to exceed 10% of the total grant award. A grantee may, with permission of the Montana arts council, modify line items in an approved budget in an amount not to exceed 20% of the total grant award. A modification may not increase the grant award or change the scope or purpose of the award.
  5. The grantee must maintain accounts, records, and other pertinent material pertaining to the costs incurred and expenditures made under the grant. The system of accounting employed by the grantee must be in accordance with generally accepted accounting principles and be applied in a consistent manner so that project costs and expenditures can be clearly identified. Accounts, records, and other pertinent material must be maintained for 3 years from the official termination date of the grant period or until an audit, approved by the council, has been completed and any questions arising from the audit have been resolved to the satisfaction of the council.
  6. Grantees must submit to the council semiannual reports of expenditures during the course of the project and other financial and descriptive reports that the council may require. The grantee must submit, within 30 days after completion of the project, a final financial report and a narrative report stating what was accomplished with the grant. Five percent of the total grant award must be held pending receipt of final reports by the council. With regard to grantees who in the past have submitted late reports, 30% of the grant award may be held pending receipt of final reports by the council.
  7. The council may, at the principal place of business of the grantee and during regular business hours, examine any directly pertinent records, accounts, and documents of the grantee involving transactions related to the grant.

 

History: En. Sec. 1, Ch. 688, L. 1983; amd. Sec. 3, Ch. 732, L. 1985; amd. Sec. 2, Ch. 315, L. 1987; amd. Sec. 1, Ch. 656, L. 1989.

 

22-2-307. Renumbered. 22-2-321, Code Commissioner, 1985.
 

22-2-321. Reversion of granted funds. At the end of a grant period, any unexpended balance of the grant shall revert to the cultural and aesthetic projects account provided for in 15-35-108.
 

History: En. Sec. 3, Ch. 688, L. 1983; Sec. 22-2-307, MCA 1983; redes. 22-2-321 by Code Commissioner, 1985.
 

22-2-308. Application procedure -- grant criteria.
 

  1. A grant for a facility owned and operated by
    a county or municipality must require financial support for the facility from the county or municipality. A grant for a facility owned by a county or municipality but operated by a nonprofit organization is expected to have financial support from the county or municipality, but must have, at a minimum, in-kind support for the facility from the county or municipality. The grant application form, which must be prescribed by the Montana arts council, must request specific information about the level of local support for the project and the facility.
  2. An applicant for a historic preservation project shall cooperate with the state historic preservation office. A letter from the state historic preservation office, stating any agreements reached with the applicant, must be received by the Montana arts council before the grant funds may be released.

 

History: En. Sec. 1, Ch. 732, L. 1985; amd. Sec. 2, Ch. 587, L. 1991; amd. Sec. 1, Ch. 479, L. 1993.
 

22-2-309. Grant categories.
 

  1. The following categories are established for grant funds:
    1. special projects which are specific cultural and aesthetic activities, services, or events of limited duration;
    2. operational support for cultural institutions that have been in existence for at least 2 years and whose budgets reflect only the cost of continuing their current program;
    3. capital expenditures for acquisition, construction, or renovation of facilities; and
    4. challenge grants for permanent endowments to benefit cultural nonprofit grant recipients.
  2. The Montana arts council may require a match in cash or donated services for special project and operational support grants. There is a presumption that the match must represent $1 in value for each dollar of the grant. The Montana arts council may accept matches in excess of the presumed value or may in its discretion require a lesser amount.
  3. Capital expenditures may not exceed 25% of the total grant funds appropriated. Capital expenditure grants require a match of at least $3 in cash or donated goods and services, which goods and services must be donated specifically for the capital expenditure project, to receive each dollar of grant funds.
  4. Challenge grants require a match of at least $3 in cash or irrevocable planned or deferred gifts to receive each dollar of grant funds. Challenge grants are available upon meeting the specified match. Not less than one-third of the specified match must be in cash. Not more than one-third of the match may be in wills, devises, bequests, and paid-up life insurance policies. A devise may include retention of an irrevocable life estate by the donor.

 

History: En. Sec. 2, Ch. 732, L. 1985; amd. Sec. 3, Ch. 315, L. 1987; amd. Sec. 2, Ch. 656, L. 1989.

 

22-2-310 through 22-2-320 reserved.
 

22-2-321. Reversion of granted funds. At the end of a grant period, any unexpended balance of the grant shall revert to the cultural and aesthetic projects account provided for in 15-35-108.
 

History: En. Sec. 3, Ch. 688, L. 1983; Sec. 22-2-307, MCA 1983; redes. 22-2-321 by Code Commissioner, 1985.
 

Law establishing C&A Committee and their payments cited above:
 

2-15-1521. Cultural and aesthetic projects advisory committee.
 

  1. There is a cultural and aesthetic projects advisory committee.
  2. The committee consists of 16 members, appointed as follows:
    1. Eight members appointed by the Montana historical society board of trustees; and
    2. Eight members appointed by the Montana arts council.
  3. Members serve terms of 4 years beginning January 1 following their appointment.
  4. A member may be removed by the appointing authority.
  5. All vacancies must be filled by the original appointing authority.
  6. The committee shall elect a presiding officer and a vice presiding officer.
  7. Members of the committee are entitled to compensation of $25 a day and travel expenses, as provided for in 2-18-501 through 2-18-503, for each day in attendance at a committee meeting.
     

2-18-502. Computation of meal allowance.
 

  1. Except as provided in subsections (2) and (4), an employee is eligible for the meal allowance provided in 2-18-501, only if the employee is in a travel status for more than 3 continuous hours during the following hours:
    1. for the morning meal allowance, between the hours of 12:01 a.m. and 10 a.m.;
    2. for the midday meal allowance, between the hours of 10:01 a.m. and 3 p.m.; and
    3. for the evening meal allowance, between the hours of 3:01 p.m. and 12 midnight.
  2. An eligible employee may receive:
    1. only one of the three meal allowances provided, if the travel was performed within the employee's assigned travel shift; or
    2. a maximum of two meal allowances if the travel begins before or was completed after the employee's assigned travel shift and the travel did not exceed 24 hours.
  3. "Travel shift" is that period of time beginning 1 hour before and terminating 1 hour after the employee's normally assigned work shift.
  4. An appointed member of a state board, commission, or council or a member of a legislative subcommittee or select or interim committee is entitled to a midday meal allowance on a day the individual is attending a meeting of the board, commission, council, or committee, regardless of proximity of the meeting place to the individual's residence or headquarters. This subsection does not apply to a member of a legislative committee during a legislative session.
  5. The department of administration shall prescribe policies necessary to effectively administer this section for state government.

 

History: En. Sec. 3, Ch. 66, L. 1955; amd. Sec. 4, Ch. 495, L. 1973; amd. Sec. 1, Ch. 213, L. 1974; amd. Sec. 2, Ch. 439, L. 1975; amd. Sec. 2, Ch. 483, L. 1977; R.C.M. 1947, 59-539; amd. Sec. 1, Ch. 123, L. 1983; amd. Sec. 2, Ch. 439, L. 1997.

 

2-18-503. Mileage -- allowance.
 

  1. Members of the legislature, state officers and employees, jurors, witnesses, county agents, and all other persons who may be entitled to mileage paid from public funds when using their own motor vehicles in the performance of official duties are entitled to collect mileage for the distance actually traveled by motor vehicle and no more unless otherwise specifically provided by law.
    1. When a state officer or employee is authorized to travel by motor vehicle and chooses to use a privately owned motor vehicle even though a government-owned or government-leased motor vehicle is available, the officer or employee may be reimbursed only at the rate of 48.15% of the mileage rate allowed by the United States internal revenue service for the current year.
    2. When a privately owned motor vehicle is used because a government-owned or government-leased motor vehicle is not available or because the use is in the best interest of the governmental entity and a notice of unavailability of a government-owned or government-leased motor vehicle or a specific exemption is attached to the travel claim, then a rate equal to the mileage allotment allowed by the United States internal revenue service for the current year must be paid for the first 1,000 miles and 3 cents less per mile for all additional miles traveled within a given calendar month.
  2. Members of the legislature, jurors, witnesses, county agents, and all other persons, except a state officer or employee, who may be entitled to mileage paid from public funds when using their own motor vehicles in the performance of official duties are entitled to collect mileage at a rate equal to the mileage allotment allowed by the United States internal revenue service for the current year for the first 1,000 miles and 3 cents less per mile for all additional miles traveled within a given calendar month.
  3. Members of the legislature, state officers and employees, jurors, witnesses, county agents, and all other persons who may be entitled to mileage paid from public funds when using their own airplanes in the performance of official duties are entitled to collect mileage for the nautical air miles actually traveled at a rate of twice the mileage allotment for motor vehicle travel and no more unless specifically provided by law.
  4. This section does not alter 5-2-301.
  5. The department of administration shall prescribe policies necessary for the effective administration of this section for state government. The Montana Administrative Procedure Act, Title 2, chapter 4, does not apply to policies prescribed to administer this part.

 

History: En. Sec. 4590, Pol. C. 1895; re-en. Sec. 3111, Rev. C. 1907; re-en. Sec. 4884, R.C.M. 1921; amd. Sec. 1, Ch. 16, L. 1933; re-en. Sec. 4884, R.C.M. 1935; amd. Sec. 1, Ch. 121, L. 1941; amd. Sec. 1, Ch. 201, L. 1947; amd. Sec. 1, Ch. 93, L. 1949; amd. Sec. 1, Ch. 124, L. 1951; amd. Sec. 1, Ch. 106, L. 1961; amd. Sec. 1, Ch. 123, L. 1963; amd. Sec. 2, Ch. 48, L. 1967; amd. Sec. 1, Ch. 495, L. 1973; amd. Sec. 9, Ch. 355, L. 1974; amd. Sec. 3, Ch. 439, L. 1975; amd. Sec. 1, Ch. 532, L. 1975; amd. Sec. 1, Ch. 453, L. 1977; R.C.M. 1947, 59-801; amd. Sec. 1, Ch. 622, L. 1979; amd. Sec. 3, Ch. 439, L. 1997; amd. Sec. 8, Ch. 558, L. 1999; amd. Sec. 1, Ch. 4, Sp. L. August 2002; amd. Sec. 1, Ch. 112, L. 2005; amd. Sec. 1, Ch. 40, L. 2007.

 

Part 4. Art for State Buildings
 

22-2-401. Short title. This part may be cited as the "Percent-for-Art Act".
 

History: En. Sec. 1, Ch. 552, L. 1983.
 

22-2-402. Purpose. The state of Montana, in recognition of its responsibility to create a more humane environment of distinction, enjoyment, and pride for all its citizens and in recognition that public art is a resource that stimulates the vitality and economy of the state's communities and provides opportunity for artists and other skilled workers to practice their crafts, declares that a portion of the funds for the construction or renovation of appropriate state buildings be allocated for the acquisition of works of art for such buildings.
 

History: En. Sec. 2, Ch. 552, L. 1983.
 

22-2-403. Definitions.
 

  1. As used in this part, the following definitions apply:
    1. "Artist" means a practitioner in the visual arts generally recognized by the practitioner's peers or critics as a professional who produces works of art.
    2. The term does not include the project architect, or any member of the architect's firm, of a new state building that is to have works of art under the provisions of this part.
  2. "New state building" means any structure to be built, remodeled, or renovated with money appropriated by the legislature that is, in the opinion of the architecture and engineering division of the department of administration, appropriate for the inclusion of works of art.
    1. "Work of art" means any work of visual art, including but not limited to a drawing, painting, mural, fresco, sculpture, mosaic, photograph, work of calligraphy, work of graphic art (including an etching, lithograph, offset print, or silk screen), craft (including crafts in clay, textile, fiber, wood, metal, plastic, or glass), or mixed media (including a collage, assemblage, or any combination of art media).
      1. The term does not include environmental landscaping.

 

History: En. Sec. 3, Ch. 552, L. 1983; amd. Sec. 353, Ch. 56, L. 2009.


22-2-404. Art for new state buildings -- finance.
 

  1. Subject to legislative allocations as provided in subsection
  2. All capital project appropriations by the legislature shall include, as a part of the appropriation, an amount not to exceed 1% of the amount appropriated for the use of the Montana arts council for the acquisition of works of art for new state buildings, maintenance of works of art, and administration of this part as provided in subsection (3).
    1. If a state building recommended for construction in the report required by Title 17, chapter 7, part 2, is also recommended as appropriate for the inclusion of works of art as provided in 22-2-403 (2), the report shall so state, and in addition the report shall include any recommendation made by the Montana arts council concerning the appropriateness of the building for the inclusion of works of art, the types of works of art suggested for inclusion in such building, and the anticipated cost of such suggested works of art, including costs of acquisition, maintenance, and administrative expenses associated with the suggested works of art. The Montana arts council may submit a recommendation even if the architecture and engineering division of the department of administration has determined that a structure is not appropriate for inclusion of works of art.
    2. The legislature may, for those buildings recommended as appropriate for the inclusion of works of art, allocate an amount not to exceed 1% of the appropriated cost for use as specified in subsection (1).
    3. Additional funds, including separate appropriations, donations, grants, and other available governmental funds, may be used for the acquisition of works of art for new state buildings.
    4. One percent of the funds received from the maximum appropriation setoff allocated by the legislature must be granted to the Montana arts council for the maintenance of art in state buildings.
    5. The administration of this part may be funded out of the appropriation setoff allocated by the legislature.
       

History: En. Sec. 4, Ch. 552, L. 1983.
 

22-2-405. Display of works of art. The works of art acquired under the provisions of this part may be an integral part of or attached to the new state building or may be displayed on the parcel of land on which the new state building is located. The works of art must be so located that they are in public view.
 

History: En. Sec. 5, Ch. 552, L. 1983.
 

22-2-406. Administration -- selection of works of art.
 

  1. The Montana arts council is primarily responsible for the administration of this part. The council shall:
    1. Submit its recommendations to the architecture and engineering division of the department of administration for inclusion in the report required by Title 17, chapter 7, part 2, concerning the appropriateness of any building for the inclusion of works of art, a description of the types of works of art suggested for inclusion in the building, and the anticipated costs of acquisition, maintenance, and administrative expenses associated with the suggested works of art;
    2. Appoint a three-member screening committee for each new state building to recommend artists to be commissioned or completed works of art to be purchased. The committee consists of the project architect or the architect's designee, a professional artist, and a representative from the user agency who is a resident of the community in which the new state building is to be constructed.
    3. Select, commission the artist for, review the design, execution, and placement of, and finally accept all works of art. The Montana arts council shall consult with the screening committee in fulfilling the requirements of this subsection (1)(c).
    4. Assist in contract negotiations with artists who are selected;
    5. Ensure that works of art acquired for display under the provisions of this part are displayed in a manner that they are in public view;
    6. Ensure that each work of art is properly maintained and may use the funds provided for in 22-2-404 or any other funds available for maintenance; and
    7. Maintain a close working relationship with the artist throughout each project.
  2. A payment may not be made to any artist for works of art under this part without prior authorization of the Montana Arts Council.

 

History: En. Sec. 6, Ch. 552, L. 1983; amd. Sec. 354, Ch. 56, L. 2009.

 

22-2-407. State ownership of work of art. The state must obtain sole ownership of each work of art acquired for display under this part, including all tangible rights and privileges, subject to the artist's right to claim authorship of the work of art.
 

History: En. Sec. 7, Ch. 552, L. 1983.
 

22-2-408. Part not exclusive. The provisions of this part are not the exclusive manner of acquiring and displaying works of art in public buildings.
 

History: En. Sec. 8, Ch. 552, L. 1983.
 

Part 5. Sale of Fine Art by Art Dealer
 

22-2-501. Definitions.
 

As used in this part, unless the context requires otherwise, the following definitions apply:
 

  1. "Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.
  2. "Artist" means a person who creates a work of fine art or, if the person is deceased, the person's heir, devisee, or personal representative.
  3. "Consignment" means that no title to, estate in, or right to possession of fine art superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such fine art.
  4. "Fine art" means a painting, sculpture, drawing, work of graphic art (including an etching, lithograph, signed limited edition offset print, silk screen, or a work of graphic art of like nature), a work of calligraphy, photographs, original works in ceramics, wood, metals, glass, plastic, wax, stone, or leather, or a work in mixed media (including a collage, assemblage, or any combination of the art media mentioned in this subsection).
  5. "Person" means an individual, partnership, corporation, association, or other group, however organized.

 

History: En. Sec. 1, Ch. 534, L. 1985.

 

22-2-502. Artist-art dealer relationship. Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of the artist's own creation to an art dealer in this state for the purpose of exhibition and sale on a commission, fee, or other basis of compensation, the delivery to and acceptance of such work of fine art by the dealer constitutes a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives upon delivery or has received prior to delivery full compensation for the work of fine art.
 

History: En. Sec. 2, Ch. 534, L. 1985.
 

22-2-503. Agency relationship -- trust property.
 

A consignment of a work of fine art results in the following:
 

  1. The art dealer, after delivery of the work of fine art, is an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art within the state of Montana. This relationship must be defined in writing and renewed at least every 3 years by the art dealer and the artist. It is the responsibility of the artist to identify clearly the work of art by securely attaching identifying marking to or clearly signing the work of art.
  2. The work of fine art constitutes property held in trust by the consignee for the benefit of the consignor and is not subject to claim by a creditor of the consignee.
  3. The consignee is responsible for the loss of or damage to the work of fine art while in the possession of or on the premises of the consignee.
  4. The proceeds from the sale of the work of fine art constitute funds held in trust by the consignee for the benefit of the consignor. The proceeds must first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.

 

History: En. Sec. 3, Ch. 534, L. 1985.

 

22-2-505. Waiver void -- exemption from U.C.C.
 

  1. Any provision of a contract or agreement by which the consignor waives any provision of this part is void.
  2. This part is not subject to the provisions of Title 30, chapters 1 through 9A.

 

History: En. Sec. 5, Ch. 534, L. 1985.

 

Part 6. American Indian Monument and Tribal Circle of Flags
 

22-2-601. (Temporary) American Indian monument and tribal flag circle -- competition for design.
 

  • The state of Montana shall erect on the grounds of the capitol complex a monument to American Indians and a Montana tribal flag circle in recognition of American Indians' contributions to this state and nation.
     
  • The Montana arts council shall advertise and conduct a competition among all Montanans for a design for the monument and flag circle. (Effective on occurrence of contingency)


22-2-601. (Effective on occurrence of contingency). American Indian monument and tribal flag circle -- competition for design.

 

  • The state of Montana shall erect on the grounds of the capitol complex a monument to American Indians and a Montana tribal flag circle in recognition of American Indians' contributions to this state and nation, including specific recognition of the contributions and sacrifices made by Montana's past, present, and future American Indian war veterans.
  • The Montana arts council shall advertise and conduct a competition among all Montanans for a design for the monument and flag circle.

 

History: En. Sec. 1, Ch. 755, L. 1991; amd. Sec. 1, Ch. 569, L. 2003.
 

22-2-602. Advisory committee -- composition -- duties.
 

  • To coordinate the project provided for in 22-2-601, the governor shall appoint an advisory committee composed of the following 11 members:
    1. a representative from the Montana arts council;
    2. a representative from each of the state's seven Indian reservations;
    3. a representative from the architecture and engineering division of the department of administration;
    4. the state director of Indian affairs or the state director's designee; and
    5. a representative of the Montana historical society
  • The advisory committee shall review the proposals submitted in the design competition for the monument and flag circle and select an appropriate design.
  • The advisory committee shall make recommendations to the department of administration for an appropriate site for the monument and the flag circle on the grounds of the capitol complex. The monument and flag circle may be located separately on the grounds.
  • The advisory committee shall solicit and accept private contributions to finance the monument and the placement of the monument and the flag circle on the grounds of the capitol complex.
     

History: En. Sec. 2, Ch. 755, L. 1991; amd. Sec. 6, Ch. 164, L. 2009.

 

Part 7. Traditional Arts and Crafts Account
 

22-2-701. Traditional arts and crafts account -- funding -- use.
 

  • There is an account in the state special revenue fund established in 17-2-102 for the purchase and sale of traditional arts and crafts by American Indian master artists. Money may be deposited in the account through an allocation of money to the account or as provided in this section.
  • Money in the account may be used only by the Montana arts council to purchase traditional arts and crafts by American Indian master artists and to make the arts and crafts available for resale. Money generated through the sale of traditional arts and crafts must be deposited into the account.
     

History: En. Sec. 1, Ch. 289, L. 2007.


Fund established for 22-7-701:


17-2-102. Fund structure. For the purpose of ensuring strict accountability for all revenue received and spent, there are in the state treasury only the following fund categories and types:

 

  • The governmental fund category, which includes:
    1. The general fund, which accounts for all financial resources except those required to be accounted for in another fund;
    2. The special revenue fund type, which accounts for the proceeds of specific revenue sources (other than private purpose trusts or major capital projects) that are legally restricted to expenditure for specified purposes. The financial activities of the special revenue fund type are subdivided, for operational purposes, into the following funds to serve the purpose indicated:
      1. The state special revenue fund consists of money and other proceeds from state and other nonfederal sources deposited in the state treasury that is earmarked for the purposes of defraying particular costs of an agency, program, or function of state government and money and other proceeds from other nonstate or nonfederal sources that is restricted by law or by the terms of an agreement, such as a contract, trust agreement, or donation.
      2. The federal special revenue fund consists of money deposited in the treasury from federal sources, including trust income, that is used for the operation of state government.
    3. The capital projects fund type, which accounts for financial resources to be used for the acquisition or construction of major capital facilities, other than those financed by proprietary funds or trust funds;
    4. The debt service fund type, which accounts for the accumulation of resources for and the payment of general long-term debt principal and interest; and
    5. The permanent fund type, which accounts for financial resources that are legally restricted to the extent that only earnings, but not principal, may be used;
  • The proprietary fund category, which includes:
    1. The enterprise fund type, which accounts for operations:
      1. That are financed and operated in a manner similar to private business enterprises whenever the intent of the legislature is that costs (i.e., expenses, including depreciation) of providing goods or services to the general public on a continuing basis are to be financed or recovered primarily through user charges; or
      2. Whenever the legislature has decided that periodic determination of revenue earned, expenses incurred, or net income is appropriate for capital maintenance, public policy, management control, accountability, or other purposes; and
    2. The internal service fund type, which accounts for the financing of goods or services provided by one department or agency to other departments or agencies of state government or to other governmental entities on a cost-reimbursed basis;
  • The fiduciary fund category, which includes trust and agency fund types used to account for assets held by state government in a trustee capacity or as an agent for individuals, private organizations, other governmental entities, or other funds. These include the:
    1. Private purpose trust fund type;
    2. Investment trust fund type;
    3. Pension and other employee benefit trust fund type; and
    4. Agency fund type.
  • The higher education funds, which include:
    1. The current fund, which accounts for money deposited in the state treasury that is used to pay current operating costs relating to instruction, research, public service, and allied support operations and programs conducted within the Montana university system. The financial activities of the current fund are subdivided, for operational purposes, into the four following subfunds to serve the purpose indicated:
      1. The unrestricted subfund segregates that portion of the current fund's financial resources that can be expended for general operations and is free of externally imposed restrictions, except those imposed by the legislature.
      2. The restricted subfund segregates that portion of the current fund's financial resources that can be expended for general operations but only for purposes imposed by sources external to the board of regents and the legislature.
      3. The designated subfund segregates that portion of the current fund's financial resources that is associated with general operations but is separately classified in order to accumulate costs that are to be recharged as allocated to other funds or subfunds, identifies financial activities related to special organized activities of educational departments in which the activity is fully supported by supplemental assessments, and identifies special supply and facility fees that are approved for collections beyond normal course fees and their disposition.
      4. The auxiliary subfund segregates that portion of the current fund's financial resources that is devoted to providing essential on-campus services primarily to students, faculty, or staff in which a fee that is directly related to but does not necessarily equal the cost of the service provided is charged to the consumer.
    2. The student loan fund, which accounts for money deposited in the state treasury that may be loaned to students, faculty, or staff for purposes related to education, organized research, or public services by the Montana university system;
    3. The endowment fund, which accounts for money deposited in the state treasury by the Montana university system in which the principal portion of the amount received  is nonexpendable but is available for investment. Expendable earnings on endowment funds are to be transferred to appropriate operating funds pursuant to prevailing administrative requirements.
    4. The annuity and life income fund, which accounts for money deposited in the state treasury by the Montana university system under an agreement by which the money is made available on the condition that the receiving unit of the Montana university system binds itself to pay stipulated amounts periodically to the donor or others designated by the donor over a specified period of time;
    5. The plant fund, which accounts for those financial resources allocated to or received by the Montana university system for capital outlay purposes or to retire long-term debts associated with construction or acquisition of fixed assets and the net accumulative results of these activities; and
    6. The agency fund, which accounts for money deposited in the state treasury for which the Montana university system acts in the capacity of a custodian or fiscal agent for individual students, faculty, staff, and qualified organizations.
       

History: En. Sec. 2, Ch. 147, L. 1963; amd. Sec. 1, Ch. 321, L. 1973; amd. Sec. 1, Ch. 438, L. 1977; R.C.M. 1947, 79-410; amd. Sec. 2, Ch. 540, L. 1979; amd. Sec. 2, Ch. 28, L. 1981; amd. Sec. 9, Ch. 281, L. 1983; amd. Sec. 1, Ch. 136, L. 1985; amd. Sec. 34, Ch. 658, L. 1987; amd. Sec. 1, Ch. 700, L. 1989; amd. Sec. 2, Ch. 433, L. 1993; amd. Sec. 4, Ch. 308, L. 1995; amd. Sec. 7, Ch. 532, L. 1997; amd. Sec. 1, Ch. 291, L. 1999; amd. Sec. 6, Ch. 34, L. 2001; amd. Sec. 2, Ch. 305, L. 2001.

 

Law that Created the Cultural Trust
 

5-35-108. (Temporary) Disposal of severance taxes.
 

Severance taxes collected under this chapter must, in accordance with the provisions of 17-2-124, be allocated as follows:
 

  • Fifty percent of total coal severance tax collections is allocated to the trust fund created by Article IX, section 5, of the Montana constitution. The trust fund money must be deposited in the fund established under 17-6-203(6) and invested by the board of investments as provided by law.
  • The amount of 12% of coal severance tax collections is allocated to the long-range building program account established in 17-7-205.
  • The amount of 5.46% must be credited to an account in the state special revenue fund to be allocated by the legislature for provision of basic library services for the residents of all counties through library federations and for payment of the costs of participating in regional and national networking, conservation districts, and the Montana Growth Through Agriculture Act. Expenditures of the allocation may be made only from this account. Money may not be transferred from this account to another account other than the general fund. Beginning July 1, 2012, any unreserved fund balance at the end of each fiscal year must be deposited in the general fund.
  • The amount of 1.27% must be allocated to a permanent fund account for the purpose of parks acquisition or management. Income from this permanent fund account, excluding unrealized gains and losses, must be appropriated for the acquisition, development, operation, and maintenance of any sites and areas described in 23-1-102.
  • The amount of 0.95% must be allocated to the debt service fund type to the credit of the renewable resource loan debt service fund.
  • The amount of 0.63% must be allocated to a trust fund for the purpose of protection of works of art in the capitol and for other cultural and aesthetic projects. Income from this trust fund account, excluding unrealized gains and losses, must be appropriated for protection of works of art in the state capitol and for other cultural and aesthetic projects.
  • The amount of [5.8% through September 30, 2013, and beginning October 1, 2013, the amount of] 2.9% must be credited to the coal natural resource account established in 90-6-1001(2).
  • After the allocations are made under subsections (2) through (7), $250,000 for the fiscal year must be credited to the coal and uranium mine permitting and reclamation program account established in 82-4-244.
    1. Subject to subsection (9)(b), all other revenue from severance taxes collected under the provisions of this chapter must be credited to the general fund of the state.
    2. The interest income from $140 million of the coal severance tax permanent fund that is deposited in the general fund is statutorily appropriated, as provided in 17-7-502, on an annual basis as follows:
      1. $65,000 to the cooperative development center;
      2. $1.25 million for the growth through agriculture program provided for in Title 90, chapter 9;
      3. $3.65 million to the research and commercialization state special revenue  account created in 90-3-1002;
      4. To the department of commerce:
        1. $125,000 for a small business development center;
        2. $50,000 for a small business innovative research program;
        3. $425,000 for certified regional development corporations;
        4. $200,000 for the Montana manufacturing extension center at Montanastate university-Bozeman; and
        5. $300,000 for export trade enhancement. (Effective July 1, 2010)
           

Capitol Complex Advisory Council on which Arts Council has a Member

 

2-17-803. Capitol complex advisory council established -- membership -- staff services -- compensation.
 

  • There is a capitol complex advisory council.
  • The council consists of nine members as follows:
    1. two members of the house of representatives appointed by the speaker on a bipartisan basis;
    2. two members of the senate appointed by the committee on committees on a bipartisan basis;
    3. a public representative appointed by the governor; and
    4. the director or the director's designee of each of the following agencies:
      1. the Montana historical society established in 22-3-101;
      2. the Montana arts council established in 2-15-1513;
      3. the department of administration established in 2-15-1001; and
      4. the department of fish, wildlife, and parks established in 2-15-3401.
  • The council shall select a presiding officer, who may call meetings to conduct council business. The department of administration shall provide staff services to the council.
    1. The council member appointed under subsection (2)(c) is entitled to compensation not to exceed the daily allowance provided for in 5-2-301(3) for compensation of legislators for each day in which the member is actually and necessarily engaged in performing council duties and to travel expense reimbursement as provided in 2-18-501 through 2-18-503.
    2. A council member designated under subsection (2)(d) is not entitled to compensation for services as a member of the council.
    3. A council member appointed under subsection (2)(a) or (2)(b) is entitled to compensation and expenses as provided in 5-2-302.
       

History: En. Sec. 3, Ch. 476, L. 1997; amd. Sec. 5, Ch. 51, L. 1999; amd. Sec. 1, Ch. 56, L. 2003; amd. Sec. 1, Ch. 321, L. 2005.The code section referred to above for the Montana Arts Council:
 

2-15-1513. Montana arts council.
 

  • There is a Montana arts council which is created in Title 22, chapter 2.
  • The composition, method of appointment, terms of office, compensation, reimbursement, and qualifications of council members remain as prescribed by law.
     

History: En. 82A-508 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 8, Ch. 51, L. 1974; R.C.M. 1947, 82A-508.


Poet Laureate Law
 

2-15-242. State poet laureate.
 

  • There is a state poet laureate.
  • Within 30 days prior to the expiration of the state poet laureate's term of appointment or within 30 days after a vacancy in the position occurs, the Montana arts council established in 22-2-101 shall nominate three individuals to be the state poet laureate. The Montana arts council shall provide the list of nominees to the governor who shall:
    1. Within 30 days after receiving the list of nominees, appoint the state poet laureate from among the individuals named on the list; and
    2. Notify the secretary of state and the Montana arts council of the appointment.
  • The individual named by the governor as the state poet laureate shall serve for a term of 2 years beginning on the date of appointment by the governor.
  • The state poet laureate is an honorary position, and the person serving as the state poet laureate may not receive any compensation from the state for serving as the state poet laureate.
     

History: En. Sec. 1, Ch. 115, L. 2005.
 

Agency Attatched to the State Board of Education Law
 

2-15-1511. Agencies allocated to state board of education. The state historical society, the Montana arts council, and the state library commission are allocated to the state board of education for purposes of planning and coordination. Budget requests to the state for these agencies shall be included with the budget requests of the state board of education; however, the governance, management, and control of the respective agencies shall be vested respectively in the board of trustees of the state historical society, the Montana arts council, and the state library commission.
 

History: En. 82A-501.1 by Sec. 5, Ch. 51, L. 1974; R.C.M. 1947, 82A-501.1.
 

Heritage and Cultural Tourism Plan
 

90-1-164. Heritage and cultural tourism promotion and development plan.
 

  • A heritage preservation and cultural tourism commission may prepare a heritage and cultural tourism promotion and development plan and shall operate according to the provisions of that plan.
  • A heritage and cultural tourism promotion and development plan must be created in consultation with the tourism advisory council, the Montana historical society, the Montana arts council, and interested stakeholders, including businesses and institutions that have a demonstrable interest in cultural tourism, historic preservation, economic development, the arts, and cultural affairs.
  • A heritage and cultural tourism promotion and development plan:
    1. May include but is not limited to:
      1. Inventories of public displays and interpretations of heritage and cultural tourism resources;
      2. Mapping of and guidance to heritage and cultural tourism resources; and
      3. Advertising and promoting heritage and cultural tourism resources, economic development, heritage protection, and heritage incentives; and
    2. May recommend ordinances or resolutions to counties, consolidated governments, and municipalities to assist and protect the qualities of heritage and cultural tourism resources as long as those ordinances are based on uniform standards and procedures.
       

History: En. Sec. 8, Ch. 217, L. 2007.

 


 

Administrative Rules

 

10.111.101 Organizational Rule
 

  1. The Montana Arts Council was established by the statutes contained in Sec. 22-2-101 MCA. Sec. 2-15-1513 MCA transfers the Council to the Department of Education for administrative purposes. The Montana Arts Council encourages throughout the state the study and presentation of the arts. It endeavors to stimulate public interest and participation in arts activities and to cooperate with public and private institutions engaged within the state in artistic and cultural activities. Many of its objectives are reached through a program of grants in the areas of technical assistance, broadbased assistance to arts organizations, assistance in touring of art resources, special project assistance, and pilot project development. More than three-quarters of the administrative staff's operations deal with application for and distribution of federal funds on behalf of arts organizations throughout the state. The remainder is concerned with informational and technical services rendered to individuals and organizations pursuant to cultural development.
  2. The Montana Arts Council consists of fifteen members appointed by the Governor for five-year terms. Meetings of the Council are called by the Chairperson when necessary. The Council is required to meet at least twice a year; however, four meetings are normally held to carry out its work. The Council, through its general meetings, or executive action, makes the final determination on all grants.
  3. The Chairperson is appointed from the membership of the Council by the, Governor. The Chairperson serves at the will of the Governor and his term may exceed five years.
  4. The Chairperson shall, with the advice and consent of the Council, employ an Executive Director to act as secretary to the Council and carry out the Council's programs.
  5. The Chairperson appoints an Executive Committee subject to the advice and consent of the Council. The Executive Committee is empowered to consider grant requests of $500 or less.
  6. Advisory committees are established by the Council. They act only in an advisory capacity and have no policy-making authority. Generally, the Advisory Committees are as follows: visual arts, music, drama, dance, and combined projects.
  7. Grant forms and submission deadlines are readily available to all those who request them. Requests for grants submitted to the Arts Council are generally reviewed by an advisory committee which then passes its recommendation on to the Council. All grants are made contingent upon Federal appropriations. The grant instrument is a contract containing certain conditions which, upon the acceptance of the grant is accomplished by the signature of the authorizing official of the requesting organization on a grant contract and return of it to the Executive Director of the Montana Arts Council.
  8. The following chart depicts the organization of the Montana Arts Council. Model Rules Of Agency Organization


Organization of the Montana Arts Council

 

History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201 MCA; Eff. 12/31/72.
 

10.111.201 Incorporation of Model Rules
 

  • The Chairperson, acting as statutory executive officer of the Montana Arts Council in concert with the executive committee of the Montana Arts Council, adopted the Attorney General's Model Rules of Administrative Procedure on December 29, 1972.


History: Sec. MCA; Eff. December 12, 1972.2-4-202, Sec. IMP MCA, 2-4-202


10.111.601 Eligibility for Grants
 

  • Arts organizations, institutions, and community organizations are eligible to receive grants provided that each has or is in the process of obtaining IRS non-profit status as a public or private foundation.
  • Grants may be made to duly organized "temporary" committees in support of projects determined to be in the best interest of the community at large. However, should such committees accrue profits from grant funded projects it must be returned to the Montana Arts Council unless the committee received IRS non-profit status within the fiscal year of the grant award.
  • Each organization seeking General Support grants must present evidence of its non-profit status and a financial statement comparable to IRS Form 990.
  • Individuals may not receive grants from the Montana Arts Council but are eligible to be contracted for professional services. Individuals may receive partial reimbursement for travel and per diem cost in accordance with Human Resource Assistance, Special Programs "B".
  • Academic institutions and/or departments thereof are not eligible to receive grants for projects or programs which are, or clearly should be, part of their normal, educational function.
  • Grants may not be awarded to academic institutions or individuals to underwrite or supplant tuition, fees, scholarships or other educational costs in projects that involve participation for academic credits or grades, unless written exception from the Montana Arts Council is provided.
  • If the applicant for a Montana Arts Council grant is a representative of or is responsible to a "board, council, commission, etc.," a cover letter shall accompany the original application which contains the approval by signature of a quorum of such a body.
  • No grant request will be considered which contains costs incurred from any previous grant agreement.


History: Sec. MCA; Eff.  December 12, 197222-2-102, Sec. IMP MCA; 22-2-102

 

10.111.611 Grant Conditions
 

  • No grants shall be issued if the sub-grantee fails to accept conditions of the grant or fails to have properly reported on any previous grant.
  • The sub-grantee must agree that the funds granted shall be expended solely for the activities described in the approved application and above, unless a specific amendment in writing has been received from the sub-grantee and subsequently approved. Any funds granted must be committed within the grant period. Significant changes requiring such amendments include:
    1. Changes of project purpose or scope.
    2. Changes in the key professional personnel identified in the approved proposal.
    3. Changes in duration of the grant period.
    4. Changes in non-profit tax exempt status.
  • After consultation with the Council unexpended funds shall be returned to the Council at the conclusion of the grant period for transmission to the federal government.
  • The sub-grantee shall maintain accounts, records, and other evidence pertaining to the costs incurred and revenues acquired under this grant. The system of accounting employed by the grantee shall be in accordance with generally accepted accounting principles, and will be applied in a consistent manner so that the project expenditures can be clearly identified. The records should clearly show that matching or cost-sharing expenditures are not less than the amount contemplated in the grant agreement and amendments thereto. Records must be maintained for three years from the official termination date of the grant period or until a Federal audit has been completed and any questions arising from it have been resolved, whichever is the lesser period.
  • Sub-grantees will submit periodic reports of expenditures and such other financial reports and descriptive reports as the Council may require. In all cases the grantee is required to submit, within 30 days after the termination of the grant period:
    1. a final financial report on the appropriate form,
    2. a narrative report stating what was accomplished with Endowment support.
  • During the time set out in paragraph (4) sub-grantee agrees that the Federal government and the State government shall have access to and the right to examine any directly pertinent books, documents, papers and records of the grantee involving transactions related to this grant at the principal place of business of grantee during regular business hours.
  • The sub-grantee must agree to conform with Title VI of the Civil Rights Act of 1964, which provides that "...no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial as-sistance." All grants are subject to review to determine whether grantees are meeting the requirements of Title VI and are eligible to continue to receive such Federal assistance.
  • It is a further condition of the grant that the sub-grantee will furnish adequate assurances to the Secretary of Labor that all professional performers and related or sup-porting personnel employed on projects or productions which are financed in whole, or in part, under this grant will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation for persons employed in similar activities and no part of any project or production which is financed in whole or in part under this sub-grant will be performed or engaged in or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Compliance with the safety and sanitary laws of Montana shall be prima facie evidence of compliance.
  • The sub-grantee must agree that the funds received under this grant shall not be used to supplant funds normally budgeted for services of the same type.
  • The sub-grantee must agree that it is the official and sole agency for the administration of the plan described in this contract.
  • The sub-grantee must agree to provide matching amounts equal to the amounts set forth in his proposal.
  • The sub-grantee must agree that funds received under this grant will not be matched with funds received under any other grant from the Federal government.
  • The sub-grantee must agree to include in all promotion, publicity, advertising and printed programs, posters, catalogs and title panels, the following credit line: "With the support of the Montana Arts Council and the National Endowment for the Arts--a Federal agency." When no printed matter is produced, verbal credit shall be given.
  • The Council may, at its discretion after consultation with the sub-grantee, terminate on 30 days written notice any grant, in whole or in part.   Such termination shall not affect any commitment which, in the judgment of the Council, had become firm prior to the effective date of the termination.   The sub-grantee must agree to furnish the Council, within 60 days after the date of termination, an itemized   accounting   of   funds   expended,   obligated   and remaining   under   the   grant.   The sub-grantee   must   also agree   to   remit   within   30   days   after   the receipt of a written request therefore, any amount determined to be due.
  • Information collected from the public in connection with a grant project must not, without prior written approval of the Director of the Montana Arts Council, in any way be represented as information being collected by or for a State or Federal Agency.
  • Prior to publishing the results of grant activity the Montana Arts Council must be consulted regarding "acknowledgement and disclaimer" requirements established by the Federal government.


History: Sec. 22-2-102 MCA; IMP, Sec. 22-2-102 MCA; Eff. December 31, 1972.


Administrative Rules were updated in 2012 as follows:
 

MONTANA ARTS COUNCIL 10.111.704
 

Subchapter 7
 

Cultural and Aesthetic Project Grant Proposals

 

(1)  Any person, association, or representative of a governing unit may submit an application for funding of a cultural and aesthetic project from the income of the trust fund.  The term "governing unit" includes state, region, county, city, town, or Indian tribe.  (History: 22-2-303, MCA; IMP, 22-2-301, MCA; NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.)
 

(History: 22-2-303, MCA; IMP, 22-2-305, MCA 22-2-306, MCA; NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90 MAR p. 1458, Eff. 7/27/90; AMD, 2012 REP p. 1662, Eff. 8/24/12.)
 

10.111.702 APPLICATION FORM FOR GRANT PROPOSALS  (1)  The committee shall have prepared a standard application form for grant proposals to the committee.  (History: 22-2-303, MCA; IMP, 22-2-303, MCA 22-2-308 MCA, MCA; NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.)
 

10.111.703 APPLICATION DEADLINE (REPEALED)
 

(History: 22-2-303, MCA; IMP, 22-2-301, MCA; NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; REP, 2012 MAR p. 1662, Eff. 8/24/12.)
 

10.111.704 ELIGIBLE PROJECTS  (1)  Grant proposals must be for the purpose of protecting works of art in the state capitol or other cultural and aesthetic projects, including but not limited to the visual, performing, literary and media arts, history, archaeology, folk-lore, archives, libraries, historical preservation and the renovation of cultural facilities.  Applicants may apply for funds in one of the following categories: 

(a)  Special projects: Specific activities, services, or events of limited duration and the expansion of ongoing programs to meet defined needs and support for grants which generate new sources of revenue.

(i)  Each dollar in project grants must be matched with one dollar in cash or in-kind goods and services.

(ii)  Applicants will be required to submit a project budget.

(b)  Operational support for cultural institutions that have been in existence for at least two years.

(i) Each dollar in general support grants must be matched with one dollar in cash or in-kind goods and services.

(ii)  Applicants will be required to submit financial statements (profit and loss) for the most recently completed two fiscal years.

(c)  Capital expenditure projects for additions to a collection or acquisition of works of art, artifacts or historical documents; historic preservation or the construction or renovation of cultural facilities.

(i)  Each dollar in capital expenditure projects grants must be matched with three dollars in cash or in-kind goods and services.


ADMINISTRATIVE RULES OF MONTANA  9/30/12 PAGE 10-1351


10.111.704 EDUCATION
 

(ii)  Any application for funds which may in any way affect prehistoric or historic properties must document cooperation with the state historic preservation office in evaluating the possible impact on these properties and the appropriateness of plans for project activity.

(iii)  A letter from the state historic preservation office, stating their recommendations and any agreements reached with the applicant is necessary.  No funds will be released until such a letter is received by the Montana Arts Council.

(iv)  Applications requesting funds for facility acquisition, construction, or renovation will need to include:

(A)  a summary of the total cost of the capital expenditure from beginning to end;

(B)  information about sources and amounts of funds already committed and anticipated to be received; and

(C)  plans for obtaining the balance of funds based on prior fund raising efforts.  (History: 22-2-303, MCA; IMP, 22-2-303, MCA 22-2-308, MCA; NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.)


(REPEALED) CHALLENGE GRANTS FOR PERMANENT ENDOWMENT DEVELOPMENT 10.111.705

 

(History:  22-2-303, MCA; IMP, 22-2-301, MCA 22-2-308, MCA 22-2-309, MCA; NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; REP, 2012 MAR p. 1662, Eff. 8/24/12.)
 

10.111.706 EVALUATION CRITERIA  (1)  Evaluation criteria is established in the application and guidelines.  (History: 22-2-303, MCA; IMP, 22-2-3012, MCA 22-3-306, MCA; NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.)
 

CRITERIA FOR RECOMMENDATIONS 10.111.707: Committee recommendations to the Legislature of those projects which meet the evaluation criteria to the extent possible also must address the following considerations:

 

(a)  Taken as a whole, grants should assist the entire state;

(b)  Recognizing the special needs of access to cultural and aesthetic projects and services and the unique perspective, skills, talents and contributions of the wide variety of the people of Montana, the grants recommended, taken as a whole, should reflect and affirm that diversity, and as such, provide enrichment to the population at large. These projects should encourage the expansion of opportunities for all Montanans to create, participate in, and appreciate the wide range of all cultural and aesthetic activities regardless of age, sex, race, ethnic origin, income, physical and mental ability, or place of residence; and

(c)  A variety of different interests and disciplines within the eligible projects should be served and which also may include, but not be limited to, the following:


10-1352 9/30/12 ADMINISTRATIVE RULES OF MONTANA

 

MONTANA ARTS COUNCIL 10.111.707
 

(i)  Service to local communities or counties, multicounty regions, and the state;

(ii)  Service to urban and rural populations;

(iii)  Special projects, operational support, and capital expenditures and

(iv)  Single sponsors and those representing coalitions of a number of organizations.  (History:  22-2-303, MCA; IMP, 22-2-302, MCA 22-2-306, MCA; NEW, 1985 MAR p. 1756, Eff. 11/15/85; AMD, 1990 MAR p. 1458, Eff. 7/27/90; AMD, 2012 MAR p. 1662, Eff. 8/24/12.)


10.111.708 INCREMENTAL DISBURSEMENTS OF GRANTS (REPEALED)

 

 

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