BEFORE THE MONTANA HISTORICAL SOCIETY
OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On June 14, 2024, at 9:00 a.m., the Montana Historical Society will hold a public hearing on Zoom to consider the proposed amendment and repeal of the above-stated rules. Interested parties may access the Zoom meeting in the following way: https://mt-gov.zoom.us/j/81556058995?pwd=eGJFSTFZanpHU3hYVjNoQlpNVVRrZz09
Meeting ID: 815 5605 8995
Password: 078161
Dial by Telephone
+1 646 558 8656
Meeting ID: 815 5605 8995
Password: 078161
Find your local number: https://mt-gov.zoom.us/u/kyyilCNkx
2. The Montana Historical Society 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 Historical Society no later than 5:00 p.m. on June 12, 2024, to advise us of the nature of the accommodation that you need. Please contact Jenni Carr, Montana Historical Society, 225 N. Roberts St., Helena, Montana 59620; telephone (406) 444-1799; or email [email protected].
3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
10.121.501 GENERAL GUIDELINES (1) The acquisition of materials collections shall be the responsibility of the Board of Trustees and staff of the Montana Historical Society. The collection society's collections shall be systematically expanded and shall interpret be illustrative of the heritage history of the Montana region for the benefit of the citizens of Montana and visitors to the state Montana in particular and generally of the Pacific Northwest, Northern Rocky Mountains, and Northern Great Plains regions and of the United States of America when pertinent to Montana history.
(2) Sole and final Final decisions on the acquisition of materials collections shall be made by the director in conjunction with the supervisor program manager of the department program where the acquisition is made items will be maintained. A list and detailed explanation of major acquisitions shall be submitted to the Board of Trustees quarterly or as required as requested, but no less than annually.
(3) If the origin, ownership or authenticity of an item should be in question, the director shall consult widely within the Montana historical society with available legal counsel and the board of trustees. If the item is deemed unacceptable, the director shall immediately contact the donor and proper authorities and remove the item from the collections.
(4) It shall be policy to acquire material of high and exceptional quality and reject the temptation to acquire items of secondary or tertiary significance. Items acquired shall not be limited to what is necessary for exhibit and display, they may also be acquired for study and conservation purposes.
(5) (3) Items that may duplicate existing collections, or items of secondary importance, or items unrelated to the heritage of Montana and the region may be accepted provided that the donor fully understands and accepts in writing that the items may be disposed of to the best advantage of the society.
(6) All unrestricted monetary donations to the Montana Historical Society shall be restricted in use to the education program and for special projects approved by the board of trustees.
(7) An accession statement (deed of gift) outlining all details on the material acquired shall be signed by the donor and by the director and/or department head.
(8) (4) Donations may be tax deductible; however, the Montana Historical Society assumes no responsibility for providing an evaluation or appraisal of the material as provided under state and federal law. All Any appraisals of the materials for donation to items to be acquired by the society should shall be conducted by a disinterested third party expert an independent qualified appraiser in the field. The donor shall bear all costs incurred in seeking appraisals. Potential donors are advised to consult their attorney or tax accountant for a determination to claim a deduction.
(9) The documentary value of a museum, library and archival collection is the principal criteria of excellence. Accession records shall be of the highest order of accuracy and completeness. Items in the collections shall have a provenance as completely documented as possible. Said provenance shall be a matter of public record.
(10) A permanent donor's register is maintained and available for public inspection.
(5) Accession records shall be maintained as required for accreditation by the American Alliance of Museums.
AUTH: 22-3-107, MCA
IMP: 22-3-107, MCA
REASON: These amendments are proposed to clarify standards for acquiring collections. Deleted sections are in society policy.
10.121.701 MUSEUM AND GALLERIES LOANS TO SELECT GOVERNMENT OFFICES (1) Request for loans of inventoried items will be considered only when made by qualified organizations and institutions as defined in section 1(b) and only when the society has a clear deed of gift to the requested item. No loan will be considered where the donor has otherwise stipulated. Items on loan to the society shall not be available for loan. It shall be the policy of the society to carefully control, limit and restrict the loan of gifted items, subject to the following exceptions:
(a) C.M. Russell original art works. There shall be no loan or exchange of the above to any person, corporation, museum, gallery or state department within or without the state of Montana except as approved by a two-thirds majority of the board of trustees.
(b) Inventoried items other than those of C.M. Russell. Subject to compliance with regulations concerning formal requests, transportation, insurance, display, security and return of items, said inventoried items may be loaned to qualified museums, galleries, historical societies and bona fide organizations and corporations, subject to the approval of a majority of the board of trustees or a majority of its executive committee. A qualified institution is an institution that can provide evidence of its ability to care for loaned collections in compliance with generally accepted professional museum standards as defined by the American Association of Museums.
(2) The conditions of loan of any inventoried item shall be intended to protect the item and provide for its safe return. Such conditions shall include but not be restricted to the following information and terms.
(a) Complete information concerning the person, corporation, or department requesting the loan, specify the beginning and end of the loan period, describing the method of transportation, security precaution, place of display, occasion of display, expenses of transportation to and from the society, the title and authority of the person making the request and a complete description of the item(s) loaned including catalog number.
(b) The item(s) loaned must be identified as being loaned through the courtesy of the Montana historical society.
(c) Loan periods may not exceed one year. Extension of any loan period must be duly authorized and approved. Loaned items may be subject to recall by the society and may not be loaned to any other person, organization or agency.
(d) Provision shall be made and agreed to by both parties that an officer or employee of the society may retrieve an unreturned item at the expense of the agency delaying the return.
(e) The loan agreement shall be made in duplicate, be numbered, dated and duly signed and authorized, the original copy will be kept in the society files.
(3) (1) No The Montana Historical Society may loan works of art may be loaned to select offices within the state capitol complex without with the approval of a majority of the Board of Trustees. Loans of works of art will be confined are limited to the following locations:
(a) Governor's Office;
(b) Governor's Mansion Official Residence;
(c) Lieutenant Governor's Office;
(d) Office of the Speaker of the House; when the legislature is in session.
(e) Office of the President of the Senate; when the legislature is in session.
(f) Secretary of State's Office.
(2) The following conditions shall apply to works of art loaned to the above offices in (1):
(a) Pieces may be chosen from our a loan collection as established by the museum curator program manager.
(b) A maximum of five pieces may be borrowed by each of the above offices in (1).
(c) Works may be borrowed for only one year the term of office of the elected official and may be recalled at any time. Extensions beyond one year may be granted upon examination, curatorial recommendations and board approval The society may review the pieces on loan to assess their condition and confirm their location.
(d) All fluorescent fixtures illuminating the artwork must have an ultraviolet shield over the tubes. Cost and installation of shields to be paid for by the borrower. The borrowing office will exercise care in the preservation of borrowed pieces. The borrowed pieces may not be moved, altered, or treated in any way and may not leave the custody of the borrower without permission in writing from the director of the society.
(e) If oil paintings are loaned, smoking will not be allowed in areas where they are hung No loaned pieces may be reproduced for publication without the written consent of the director of the society.
(f) All insurance premiums must be paid by the borrower on values established by the society. The society must receive a copy of the letter verifying coverage from the insurance and legal division, department of administration The society will retrieve the loaned pieces upon expiration of the loan period.
(4) An example of the loan agreement follows:
OUTGOING LOAN AGREEMENT
Montana Historical Society
225 N. Roberts Street
Helena, Montana 59620
(406) 449-2694
Date
Borrowing Institution
Address
Contact Person Title
Telephone
Purpose of Loan
Period of Loan from to (Period not to exceed one year without written consent)
Insurance Company
Type of Coverage
Amount of Coverage
Credit line to read
For borrowing institution Title
For Montana Historical Society Head Curator
Registrar
Director
Date of Board Authorization
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Accession No. Item Condition Value
(5) The borrower will exercise a high degree of care in the preservation and handling of borrowed items. It is understood and agreed that said materials shall not be changed, altered, or treated in any way whatsoever and shall not leave the custody of the borrower without permission in writing from the Montana historical society.
(6) Loan periods may not exceed one year. Any extension of a loan period must be duly negotiated and authorized. If deemed necessary, the Montana historical society may require the return of the loaned items before expiration period.
(7) No loaned materials or any part thereof may be reproduced for publication without the written consent of the Montana historical society. Proper credit must be given to the Montana historical society on any reproduction rights granted or exhibitions to the public of the materials loaned.
(8) Retrieval - 15 days before the expiration of the loan period, the Montana historical society shall be advised of the date, insurance provisions, and means of transportation for the return of the loaned items. If the items loaned are not returned by the date specified in this agreement, the Montana historical society may send an employee or officer to retrieve the loaned items. All costs to the agency holding the items shall be immediately paid upon receipt of the itemized billing.
AUTH: 22-3-107, MCA
IMP: 22-3-107, MCA
REASON: These amendments are proposed to clarify standards for loaning art to select government offices. Deleted sections are in society policy.
4. The Historical Society proposes to repeal the following rules:
10.121.502 MUSEUM AND GALLERIES ACQUISITIONS
AUTH: 22-3-107, MCA
IMP: 22-3-107, MCA
REASON: This information is in society policy.
10.121.503 LIBRARY ACQUISITIONS
AUTH: 22-3-107, MCA
IMP: 22-3-107, MCA
REASON: This information is in society policy.
10.121.504 ARCHIVES ACQUISITIONS
AUTH: 22-3-107, MCA
IMP: 22-3-107, MCA
REASON: This information is in society policy.
10.121.702 LIBRARY LOANS
AUTH: 22-3-107, MCA
IMP: 22-3-107, MCA
REASON: This information is in society policy.
10.121.703 ARCHIVES LOANS
AUTH: 22-3-107, MCA
IMP: 22-3-107, MCA
REASON: This information is in society policy.
10.121.801 GRANT PROPOSALS
AUTH: 22-3-107, MCA; H.B. 871, 47th Legislature
IMP: 22-3-112, MCA
REASON: Cultural and aesthetic grants are administered by the Montana Arts Council per Title 22, chapter 2, MCA.
10.121.803 GRANT CONDITIONS
AUTH: 22-3-107, MCA; H.B. 871, 47th Legislature
IMP: 22-3-112, MCA; H.B. 871, 47th Legislature
REASON: Cultural and aesthetic grants are administered by the Montana Arts Council per Title 22, chapter 2, MCA.
10.121.804 DISBURSEMENT OF GRANT FUNDS
AUTH: 22-3-107, MCA; H.B. 871, 47th Legislature
IMP: 22-3-112, MCA; H.B. 871, 47th Legislature
REASON: Cultural and aesthetic grants are administered by the Montana Arts Council per Title 22, chapter 2, MCA.
5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Jenni Carr, Montana Historical Society, 225 N. Roberts St., Helena, Montana 59620; telephone (406) 444-1799; or email [email protected], and must be received no later than 5:00 p.m., June 25, 2024.
6. Molly Kruckenberg, director of the Montana Historical Society, has been designated to preside over and conduct this hearing.
7. The society maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the society. 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. Written requests may be mailed or delivered to the contact person in paragraph 5 or may be made by completing a request form at any rules hearing held by the department.
8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the society has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Molly Kruckenberg /s/ Jude Sheppard
Molly Kruckenberg Jude Sheppard
Rule Reviewer Board of Trustees President
Montana Historical Society
Certified to the Secretary of State May 14, 2024.
