No. 32108 (New Rule): R210-100. Certified Local Museum Designation

DAR File No.: 32108
Filed: 10/30/2008, 03:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to implement new provisions in Section 9-6-603 that were enacted by the 2008 Utah State Legislature in H.B. 252. (DAR Note: H.B. 252 is found at Chapter 177, Laws of Utah 2008, and is effective as of 05/05/2008.)

Summary of the rule or change:

A program is established to create a certified local museum designation. A Utah museum is required to complete a form, available from the Utah Office of Museum Services, indicating it complies with a set of requirements that define a museum. This form is to be returned to the Utah Office of Museum Services along with a copy of a letter from the Department of the Treasury confirming that the museum is incorporated as a nonprofit organization and has been assigned an Employer Identification Number. A museum that is governed by a parent organization or government entity is required to submit a letter to Utah Office of Museum Services providing an Employer Identification Number and stating that the museum is a political subdivision.

State statutory or constitutional authorization for this rule:

Subsection 9-6-603(8)

Anticipated cost or savings to:

the state budget:

No costs or savings are anticipated with this rule change. Although there is a new requirement that museums complete a form and provide a copy of a letter from the Department of the Treasury confirming its nonprofit status or a letter from a government entity stating that the museum is a political subdivision, costs are negligible.

local governments:

No costs or savings are anticipated with this rule change. Although there is a new requirement that museums complete a form and provide a copy of a letter from the Department of the Treasury confirming its nonprofit status or a letter from a government entity stating that the museum is a political subdivision, costs are negligible.

small businesses and persons other than businesses:

No costs or savings are anticipated with this rule change. Although there is a new requirement that museums complete a form and provide a copy of a letter from the Department of the Treasury confirming its nonprofit status or a letter from a government entity stating that the museum is a political subdivision, costs are negligible.

Compliance costs for affected persons:

No costs or savings are anticipated with this rule change. Although there is a new requirement that museums complete a form and provide a copy of a letter from the Department of the Treasury confirming its nonprofit status or a letter from a government entity stating that the museum is a political subdivision, costs are negligible.

Comments by the department head on the fiscal impact the rule may have on businesses:

No costs or savings are anticipated with this rule change. No new requirements were created with this rule change that impact small businesses. Palmer DePaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Community and Culture
Arts and Museums, Museum Services
Room 226 RIO GRANDE DEPOT
300 RIO GRANDE STREET
SALT LAKE CITY UT 84101

Direct questions regarding this rule to:

Dan E. Burke at the above address, by phone at 801-533-3589, by FAX at 801-533-3588, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2008

This rule may become effective on:

12/22/2008

Authorized by:

Dan E. Burke, Director

RULE TEXT

R210. Community and Culture, Arts and Museums, Museum Services.

R210-100. Certified Local Museum Designation.

R210-100-1. Authority and Purpose.

(1) This rule is enacted pursuant to Subsection 9-6-603(8).

(2) This rule establishes a program by which local museums may be designated as certified local museums.

 

R210-100-2. Requirements Museums Must Meet in Order to Be Considered Eligible for Application as a Certified Local Museum.

(1) In order to apply for certified local museum designation, a museum shall:

(a) be located in Utah;

(b) be a nonprofit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code;

(c) be organized on a permanent basis for educational or aesthetic purposes;

(d) have as its primary purpose the display or use of collections and exhibits;

(e) display objects to the public through facilities that it own or operates; and

(f) have at least one paid or unpaid staff member, or the equivalent, whose primary duty is the care, acquisition, or exhibition to the public of objects owned or used by the museum.

(2) A museum operated by a government entity need not satisfy the requirements of Subsection (1)(b).

 

R210-100-3. Application for Certified Local Museum Designation.

(1) A museum wishing to apply for the certified local museum designation shall:

(a) complete the form entitled "Certification Requirements for Museums" which is available from the Office of Museum Services;

(b) obtain a letter from the Department of the Treasury confirming that:

(i) the museum is registered as a nonprofit organization as described in Subsection R210-100-2(1)(b); and

(ii) the museum has been assigned an Employee Identification Number.

(c) submit both the form and the letter to the Office of Museum Services.

(2) A museum operated by a political subdivision of the state:

(a) need not comply with the requirments of Subsection (1)(b); and

(b) shall submit a letter to the Office of Museum Services:

(i) indicating that it is operated by a political subdivision of the state; and

(ii) providing an Employee Identification Number.

 

R210-100-4. Granting a Certified Local Museum Designation.

Upon receipt of the materials outlined in Section R210-100-3, the Office of Museum Services will provide a letter of certification to the applying museum.

 

KEY: certified local museums, museum services, museums

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: 9-6-603(8)