BRIEF OVERVIEW OF PROPOSED AMENDMENTS
The proposed amendments to the administrative rule are needed to conform to the legislation adopted in spring 2002 and mainly follow the emergency rules as well as clarify the definition of capital expenditure and address other administrative concerns. Museums and interested individuals may comment on these rules through the rulemaking process. Send comments to kfyfe@museum.state.il.us or mail to Illinois State Museum, Museum Grants Program, 502 S Spring St, Springfield IL 62706-5000 before April 11, 2003.
As required by the statutory changes the following amendments have been made:TITLE 23:
EDUCATION AND CULTURAL RESOURCES
SUBTITLE
B: CULTURAL RESOURCES
CHAPTER
II: DEPARTMENT OF NATURAL RESOURCES
PART 3200
PUBLIC
MUSEUM GRANTS PROGRAM
SUBPART A:
CAPITAL GRANTS PROGRAM
Section
3200.5 Authority
3200.10 Definitions
3200.15 Purpose
3200.20 Eligibility Criteria
3200.30 Funding Determination (Repealed)
3200.35 Certification by a Unit of Local
Government
3200.40 Application Procedure
3200.50 Application Schedule
3200.60 Review Criteria and Selection Procedure
3200.65 Awards
3200.70 Eligible Expenses
3200.80 Process for Payment
3200.90 Program
Information/Contact
SUBPART B: PUBLIC MUSEUM OPERATING GRANT RULES
Section
3200.100 Definitions
3200.110 Purpose
3200.120 Eligibility
Criteria for Applicant Facilities
3200.130 Application
Procedure
3200.140 Application
Schedule
3200.150 Review
Procedure
3200.160 Method
for Awarding Grants
3200.165 Process
for Payment
3200.170 Program
Information/Contact
AUTHORITY: Implementing and
authorized by Section 1-25(22) of the Department of Natural Resources Act [20
ILCS 801/1-25(22)].
SOURCE: Emergency rule adopted at 3
Ill. Reg. 11, p. 18, effective March 1, 1979, for a maximum of 150 days;
emergency expired July 28, 1979; adopted at 4 Ill. Reg. 18, p. 113, effective
April 22, 1980; amended at 5 Ill. Reg. 5649, effective May 18, 1981, codified
at 8 Ill. Reg. 1448; amended at 10 Ill. Reg. 4536, effective February 28, 1986;
recodified from the Department of Energy and Natural Resources to the
Department of Natural Resources at 22 Ill. Reg. 11230; emergency amendment at
22 Ill Reg. 17381, effective September 17, 1998, for a maximum of 150 days;
emergency expired February 13, 1999; emergency amendment at 22 Ill. Reg. 22097,
effective December 3, 1998, for a maximum of 150 days; emergency expired May 1,
1999; amended at 23 Ill. Reg. 11926,
effective September 15, 1999; emergency amendments at 26 Ill. Reg. 13706,
effective August 29, 2002, for a maximum of 150 days; amended at 27 Ill. Reg.
__________, effective __________________.
Section 3200.5 Authority
For the purpose of determining
eligibility of Illinois public museums, as defined in Section 1-25(22) of the
Department of Natural Resources Act [20 ILCS 801/1-25(22)], so that such
museums may qualify for support under Public Act 80‑218
("Act"), this Part is promulgated.
(Source:
Amended at 23 Ill. Reg. 11926,
effective September 15, 1999)
Section 3200.10 Definitions
"Attendance"
means the documented number of visitors at the public museum's facility or
facilities for the preceding calendar year.
"Capital
Expenditure" means an outlay of capital that results in the acquisition of
property or permanently improves its value or usefulness. For purposes of this program, capital
expenditures include, but are not limited to, one or more of the
following: land and building
acquisition; demolition (in preparation for additional work); site preparation
and improvement; utility work; new construction, rehabilitation, major
renovations, or expansion of buildings and structures; original furnishings and
equipment; replacement of currently utilized assets, by a better asset,
including permanent exhibits; and any other work that significantly increases
the service potential of a building, structure, or exhibit as well as necessary
project management fees and associated architectural planning and engineering
design services. Acquisition of museum
collections, objects, or specimens are is not considered capital
expenditures.
"Capital
Expenditure" means an outlay of capital and confers long-term benefits
that permanently improve the property's value or usefulness. Capital expenditures generally include, but
are not limited to, one or more of the following purposes: architectural planning and engineering
design; demolition (in preparation for additional work); site preparation and
improvement; utility work; new construction of buildings and structures;
reconstruction or improvement of existing buildings or structures; initial
furniture and equipment integral to the project; and replacement of currently
utilized assets by a better asset; expansion of existing buildings or
facilities.
Work that
constitutes repairs, maintenance or remodeling of a limited nature or scope,
which is not done as part of a larger bondable project, shall not be considered
bondable capital expenditures. A
non-bondable project is generally one that maintains or preserves the existing
conditions, use or size of a capital asset and which is neither in the nature
of a betterment nor a change to the capital asset's condition, use or size.
Generally, such work does not significantly add to the value of the capital
asset nor appreciably prolong the life of the capital asset.
The following
are operating or other types of expenditures that are not considered capital
expenditures:
projects with a
total cost of less than $25,000;
acquisition of
museum collections, objects, or specimens;
feasibility
studies, long-range development plans, master plans, and historical or
archaeological research;
development of
temporary or traveling exhibits; repair to current exhibits;
costs of
repairs or maintenance that are normally anticipated to occur;
remodeling of a
limited nature or scope, which is not done as part of a larger bondable
project;
costs of staff
or resident labor and material;
operational and
administrative expenses;
installation of
fire alarms, smoke detectors, or connections of building monitoring systems to
a central or off-site central monitor, unless included in a larger bondable
project; and
purchase of
vehicles or construction equipment.
"Care"
means the keeping of adequate records pertaining to the provenance,
identification and location of the museum's holdings, and the application of
current professionally accepted methods to their security and to the
minimization of damage and deterioration.
"Certification"
means an attestation by a unit of local government that a museum that is not
operated by or located on land owned by a unit of local government meets the
eligibility criteria established in State law.
"Community"
means the population base normally served by the public museum.
"Department"
means the Illinois Department of
Natural Resources.
"Director"
means the Director of the Department.
"Fiscal
Agent" means an affiliated entity that may expend and receive funds on
behalf of the public museum. If grant funds are to be distributed to a
fiscal agent on behalf of the public museum, the chief executive officer of the
public museum must sign a statement certifying A certification statement
must be signed by the chief executive officer of the public museum if grant
funds are to be distributed to a fiscal agent on behalf of the public
museum. The certification shall reflect:
that there is
an ongoing relationship between the public museum and the fiscal agent;
that the fiscal
agent may incur expenses for the public museum=s project; and
that grant
funds will be used specifically for the public museum's project.
"Matching
Funds" means local government and/or private funds committed to the
proposed project. State and federal
funds are not eligible as matching funds. equal to at least two-thirds
of the incurred capital expenditures considered integral to the overall
approved grant project scope. Matching
funds cannot include federal or other State funds.
"Nonprofit"
means that the public museum has documentary evidence of its tax‑exempt
status under the regulations of the U.S. Internal Revenue Service.
"Organized"
means that the public museum is a duly constituted body with expressed
responsibilities.
"Permanent"
means that the public museum has been open to the public, for its
instruction and enjoyment, existed for at least 2 years and is
expected to continue in perpetuity.
"Professional
Staff" means that the public museum has at least one paid employee, who
commands an appropriate body of special knowledge and the ability to reach
museological, zoological, aquarium, or botanical (whichever shall be
applicable) decisions consonant with the experience of his or her peers, and
who has access to and acquaintance with the literature of the field, and that
such employee works sufficient hours to meet adequately the current demands of
administration and care.
"Public
Museum" means a facility that has been open to the public, for its
instruction and enjoyment for at least two years and that is operating for the
purposes of promoting cultural development through special activities or
programs or performing arts and acquiring, conserving, preserving,
studying, interpreting, enhancing, and, in particular, organizing and
continuously exhibiting (subject to temporary interruption due to construction
or catastrophe) specimens, artifacts, articles, documents and other things of
historical, anthropological, archaeological, industrial, scientific or artistic
import.
"Schedule"
means regular and predictable hours which constitute substantially more than a
token opening, so that access is reasonably convenient to the public.
"Tangible
Objects" means specimens, artifacts, articles, documents; non-domesticated
plants or animals, including fish; and
other things of historical, anthropological, archeological, industrial,
scientific or artistic import that form the public museum collections and have
intrinsic value to history, science, art or culture.
"Unit of
Local Government" means counties, municipalities, townships, special
districts and units, designated as units of local government by Illinois law,
which exercise limited governmental power or powers in respect to limited
governmental subjects, but does not include school districts.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.15 Purpose
The Public Museum Capital Grants Program
is designed to help public museums in Illinois expand and upgrade facilities
and create new exhibits and other physical facilities to enhance the
public museums= abilities
ability to meet their educational mission. The program provides up to 33 1/3% funding
assistance on a reimbursement basis to eligible applicants for approved capital
expenditures on public museum facilities.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.20 Eligibility Criteria
a) A
Any public museum located in Illinois shall be eligible to submit one
application per grant cycle for grants for a capital project
purposes if it establishes to the reasonable satisfaction of the Director
that:
a) 1) It is a public museum that has been open
to the public, for its instruction and enjoyment, for at least two years;
in existence for two years and that is operated by or located upon land owned
by a unit of local government;
2) It
is operated by or located upon land owned by a unit of local government or has
been certified as a public museum in accordance with Section 3200.35;
b) 3) It is an organized, permanent
institution that is tax exempt under the regulations of the U.S. Internal
Revenue Service;
c) 4) It meets generally accepted
professional standards as in the accreditation programs of the American
Association of Museums, American Zoo and Aquarium Association, American
Association of Botanical Gardens and Arboretums, and other appropriate
organizations;
d) 5) It has a professional staff;
e) 6) It cares for and owns or utilizes
tangible objects;
f) 7) It is open to the public on a regular
schedule and regularly collects attendance data and maintains sufficient
records such that the attendance numbers can be audited;
g) It devotes
the majority of its floor space or grounds and professional staff effort to
museological purposes;
8) It
presents regularly scheduled programs and exhibits that use and interpret
objects for the public according to accepted standards;
h) It can match
a State grant with $2 of local or private support for each $1 of State money;
and
i) 9) It has filed timely reports and
complied with requirements for previous grant awards; and.
10) It
can provide matching funds of the following amount:
A) $2
matching funds for each $1 of State money for a public museum with an
attendance of 600,000 or more during the preceding calendar year; or
B) $1
of matching funds for each $1 of State money for a public museum with an
attendance of over 300,000 but less than 600,000 during the preceding calendar
year; or
C) No
matching funds are required for a public museum with an attendance of 300,000
or less during the preceding calendar year.
b) The
capital project for which the public museum is applying must be clearly defined
and must meet all of the following criteria:
1) Project
costs must be eligible "Capital Expenditures" as defined in Section
3200.10;
2) Project
expenses will not be recurring;
3) The
project is of a durable nature and not consumed in use;
4) The
project is not subject to inherent risk of failure, rapid technological
obsolescence, or primarily intended to fulfill temporary requirements or needs;
and
5) The
project appreciably increases, improves or enhances the property, land,
building or asset to be developed, constructed or improved.
c) Grants
to public museums not located on public property may be prohibited if the
appropriation funding source is limited to bond funds that cannot be expended
on private property.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.35 Certification by a Unit of Local Government
a) Museums
with an annual indoor attendance of 150,000 or more, which are not operated by
or located on land owned by a unit of local government, must provide a
certification by a unit of local government to show eligibility for grant
funding. The certification is an
attestation by the unit of local government that a museum that is not operated
by or located on land owned by a unit of local government meets eligibility
criteria established in State law. The
certification must be in accordance with the following procedures:
1) Museums
located within the boundaries of a municipality must submit a certification
approved by the municipality's elected governing body. Museums located outside municipal boundaries
must submit a certification approved by the county's elected governing body.
2) The
approved certification must be submitted at the time of application. The certification may be subject to audit.
3) the
certification must be in the form and approved using the process normally used
by the unit of local government for similar resolutions or actions. The certification must attest that the
museum:
A) is
operating for the purposes of promoting cultural development through special
activities or programs or performing arts, and acquiring, conserving,
preserving, studying, interpreting, enhancing, and in particular, organizing
and continuously exhibiting specimens, artifacts, articles, documents and other
things of historical, anthropological, archaeological, industrial, scientific
or artistic import, to the public for its instructions and enjoyment; and
B) has
an annual indoor attendance of at least 150,000 and offers educational programs
to school groups during school hours.
b) Public
museums operated by or located on land owned by a unit of local government are
not required to provide this certification.
c) Museums
eligible for Certification as a public museum must provide sufficient evidence
of long-term ownership or long-term lease agreement of the property.
(Source: Added at 27 Ill. Reg. ________, effective
____________)
Section 3200.40 Application Procedure
a) A
Any public museum seeking a grant for capital purposes in the current year
shall submit the required number of copies of send 5 copies of a
completed application, as specified supplied by the Department,
and one copy of each attachment, that includes:
1) Application
Form.
2) Certification
Statement executed by the chief executive officer of the public museum that
states that the museum is in compliance with the eligibility criteria of this
program.Statement by the chief executive officer of the public museum
attesting:
A) that
the public museum is in compliance with the eligibility criteria of this
program;
B) that
adequate records are kept to document the annual attendance number at the
public museum's facility during the preceding calendar year; and
C) that,
if grant funds are to be distributed to a fiscal agent on behalf of the public
museum, there is an ongoing relationship between the public museum and the
fiscal agent; that the fiscal agent may incur expenses for the public museum's
project; and that grant funds will be used specifically for that project.
3) Project
Narrative Statement.
4) Development
Data Form, including costs, a conceptual plan, and construction
schedule.
5) Land
Acquisition Data, if applicable.
6)5) The
annual report of the public museum for the year preceding its application.
7)6) Cultural
Resources, Endangered Species and Wetlands Review Report (CERP), including a
county map that identifies the museum's and, if different, the project's
location.
8) If
funds are to be distributed by the Department to a fiscal agent on behalf of
the public museum, a certification statement must be signed by the chief
executive officer of the public museum.
The certification will state:
A) that
there is an ongoing relationship between the museum and the fiscal agent;
B) that the
fiscal agent may incur expenses for the museum=s project;
and
C) that
grant funds will be used specifically for that project.
b) Public
museums may submit only one application during an application period. If
a museum is not operated by or located on land owned by a unit of local
government, it must submit a Certification in accordance with Section 3200.35.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.50
Application Schedule
Applications for funding assistance
will be accepted each year on a schedule announced publicly by the Department
when appropriations have been made available for distribution under this
program. Specific application
guidelines will be available from the Department at that time. The Department shall announce the maximum
grant award in conjunction with announcing the annual grant application
schedule.
(Source:
Amended at 23 Ill. Reg. 11926, effective September 15, 1999)
Section 3200.60 Review Criteria and Selection Procedure
a) Technical
and Program Review
Department
staff will review the project application for:
1) Completeness
of application.
2) Evidence
that the public museum meets all eligibility criteria, as defined in Section
3200.20.
3) Evidence
that the capital project meets the eligibility criteria as defined in Section
3200.20.
4) Evidence
that the public museum has long term future occupancy rights for the property.
5) Evidence
that the project is part of a capital planning process.
3)6) Project=s feasibility
with regard to operational capacities of the public museum.
4)7) Adequacy
of cost estimates and construction schedule estimates.
5)8) Evidence
of community support and meeting Meeting community needs.
6)9) Effectively
enhancing the public museum=s ability to meet its
educational mission.
7)10) Expanding
audiences, including reaching underserved groups.
8)11) Compliance
with requirements of previous grant awards.
b) Peer Review
Panel
1) The Director
will appoint a panel of 5 citizens with backgrounds and experience relevant to
the activities of public museums and their educational contributions who
will review proposals and then make recommendations for funding. Such citizens shall not be current employees
of any museums in the State of Illinois that are eligible to apply for this
grant program. The Director shall have
the authority to call upon the expertise of non-residents of the State for
additional advice on the program and its administration.
2) Names of
candidates for the peer review panel will be solicited from museums throughout
Illinois.
c) Staff
Recommendation
Department
staff will evaluate proposals based on criteria outlined above, consider
recommendations from the peer review panel, and recommend to the Director
priorities for funding. Priority may
be given to projects where public museums demonstrate community support through
matching funds in excess of what is required.
Consideration may be given to the scale of the project in relation to
the public museum's operating budget, annual attendance, and the size and
capacity of the staff.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.65 Awards
a) Award
Limit. The Department shall establish
on an annual basis the maximum grant award a public museum may receive;
however, the maximum grant award shall be no more than 10% of the annual
appropriation, excluding funds that may be reappropriated from a preceding
year. The Department shall announce the
maximum grant award in conjunction with announcing the annual grant application
schedule.
b) Reappropriation
of Funds. The Department will seek reappropriation of funds for approved
grant projects, which are not completed by the end of the State Fiscal
Year. Obligations of the State will
cease immediately without penalty or further payment being required if in any
fiscal year the Illinois General Assembly fails to appropriate or otherwise
make sufficient funds available for approved grant projects. Reappropriation
of funds will be sought for projects approved for funding that have not been
completed and reimbursement sought in the fiscal year that the project was
approved.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.70 Eligible Expenses
Eligible
Expenses are defined as:
a) Expenses
that meet the definition of Capital Expenditures as defined in Section 3200.10.
b) Expenses
that are pursuant to the scope of work as agreed upon and approved by the
Department. Grant funds The State=s one-third
match
can only be used for capital expenditure costs incurred after the Project
Agreement is executed in July 1 of the fiscal year in which the
grant award is made. Expenditures
incurred back to July 1, 1998, may be eligible for reimbursement if the public
museum received a capital grant in FY99 and if the proposed project is an
integral component of the FY99 project and was not reimbursed in the FY99 grant
award.
c) Expenses
incurred directly by the public museum, or expenses incurred specifically for
the public museum=s project by the public museum=s fiscal agent.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.80 Process for Payment
a) The public
museum or fiscal agent representing the public museum enters into a Project
Agreement with the Department.
b) Public
museums that who have been awarded capital grants must submit
project billing documentation requests (expenditure statements),
certified by the public museum=s chief
executive officer or chief financial officer, listing and verifying all funds
expended on the project for which grant reimbursement is sought; as well as
required billing documentation as follows:
1) Acquisition
of Property: Proof of good faith negotiations or fair market value offer to
land seller, copy of warranty deed (Judgment Order in case of condemnation and
title insurance for any deed less than warranty) showing ownership transferred
to the local project sponsor, and copies of documents showing proof of payment
to seller.
2)1) Development
of Permanent Improvements: Public
Museum Capital Grant expenditure statement certified by the chief executive
officer or chief financial officer. Copy of receipts/invoices for
project costs, and copy of documents showing proof of payment.
2) Project
Billing Request: Reimbursement of
project expenditures will be made with the Department's instructions which will
be specified in the Implementation and Billing Requirements provided to public
museums at the time Project Agreements are negotiated.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.90 Program
Information/Contact
Illinois
State Museum, Museum Grant=s Grant's
Program
Office
Spring and
Edwards Streets 502 S. Spring Street
Springfield,
IL 62706-5000
Phone:
217.782.5992
email:
museumgrants@museum.state.il.us
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
SUBPART
B: PUBLIC MUSEUM OPERATING GRANT RULES
Section 3200.100 Definitions
"Attendance"
means the documented number of visitors at the public museum's facility or
facilities for the preceding calendar year.
"Care"
means the keeping of adequate records pertaining to the provenance,
identification and location of the museum's holdings, and the application of
current professionally accepted methods to their security and to the
minimization of damage and deterioration.
"Community"
means the population base normally served by the museum.
"Department"
means the Illinois Department of
Natural Resources.
"Director"
means the Director of the Department.
"Fiscal
Agent" means an affiliated entity which that may expend and
receive funds on behalf of the public museum.
If grant funds are to be distributed to a fiscal agent on behalf of
the public museum, the chief executive officer of the public museum must sign a
statement certifying:A certification statement must be signed by the
chief executive officer of the public museum if grant funds are to be
distributed to a fiscal agent on behalf of the public museum. The certification shall state:
that there
is an ongoing relationship between the public museum and the fiscal
agent;
that the
fiscal agent may incur expenses for the public museum=s project;
and
that grant
funds will be used specifically for the public museum's project.
"Museum
Education Program" means utilizing the resources of the museum for formal
or informal learning opportunities for school children, teachers, or other
citizens through face to face interactions or though educational technology,
including educational technology partnerships.
The public museum shall have at least one employee who devotes the
preponderance of his/her time to offer "Museum Education
Programs". This person is expected
to command an appropriate body of special knowledge in museum education consonant
with the experience of his or her peers, to have access to and acquaintance
with the literature of the field, and to work sufficient hours to meet
adequately the current demands for museum educational services.
"Nonprofit"
means that the public museum has documentary evidence of its tax‑exempt
status under the regulations of the U.S. Internal Revenue Service.
"Operating
Expenditures" means funds actually expended by a public museum or its
fiscal agent for the recurring day-to-day expenses that are ordinary and
necessary to maintain and operate the facility for its principal purpose as a
public museum. These expenditures shall
include:
the total
amount of program and supporting services expenses (management and general) and
fundraising expense that is reported on the entity=s audited
financial statements;
depreciation
expense for the buildings, movable equipment, and other types of personal
property; and
interest
expenses on funds borrowed to finance operating expenditures.
"Organized"
means that the public museum is a duly constituted body with expressed
responsibilities.
"Permanent"
means that the public museum has been open to the public, for its
instruction and enjoyment, existed for at least 2 years and is
expected to continue in perpetuity.
"Professional
Staff" means that the public museum has at least one paid employee who
commands an appropriate body of special knowledge and the ability to reach
museological, zoological, aquarium, or botancial (whichever shall be
applicable) decisions consonant with the experience of his or her peers, and
who has access to and acquaintance with the literature of the field, and who
works sufficient hours to meet adequately the current demands of administration
and care.
"Public
Museum" means a facility that has been open to the public, for its
instruction and enjoyment, for at least two years and that is operating for the
purpose of promoting cultural development through special activities or
programs or performing arts, and acquiring, conserving, preserving,
studying, interpreting, enhancing, and, in particular, organizing and
continuously exhibiting (subject to temporary interruption due to construction
or catastrophe) specimens, artifacts, articles, documents and other things of
historical anthropological archaeological, industrial, scientific or artistic
import.
"Schedule"
means regular and predictable hours that constitute substantially more than a
token opening, so that access is reasonably convenient to the public (subject to temporary interruption due to
construction or catastrophe).
"Tangible
Objects" means specimens, artifacts, articles, documents; non-domesticated
plants or animals, including fish; and
other things of historical, anthropological, archeological, industrial,
scientific or artistic import that form the public museum's collections and
have intrinsic value to history, science, art or culture.
"Unit
of Local Government" means counties, municipalities, townships, special
districts and units, designated as units of local government by Illinois law,
that exercise limited governmental power or powers in respect to limited
governmental subjects, but does not include school districts.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.110 Purpose
The Public Museum Operating Grants
Program is designed to improve and enhance the capacity of public museums with
established educational programs to more effectively utilize their museum
resources to supplement the learning process of Illinois school children. The
program is designed to support formal or informal learning opportunities for
school children, teachers, or other citizens through direct interactions or
through educational technology, including education partnerships.
(Source:
Added at 23 Ill. Reg. 11926, effective September 15, 1999 )
Section 3200.120 Eligibility Criteria for Applicant Facilities
A public museum located in Illinois
shall be eligible to submit one application per grant cycle for operating
purposes if it establishes to the reasonable satisfaction of the Director that Any
public museum located in Illinois shall be eligible for financial support
through the operating grant program for its museum education program if it
establishes to the reasonable satisfaction of the Director that:
a) It is a
public museum that is operated by or located upon land owned by a unit of local
government or has an annual indoor attendance of at least 150,000 and
offers educational programs to school groups during school hours;
b) It
has been open to the public, for its instruction and enjoyment, for at least
two years;
b)c) It
is an organized, permanent institution that is tax exempt under the regulations
of the U.S. Internal Revenue Service;
c)d) It
meets generally accepted professional standards as in the accreditation
programs of the American Association of Museums, American Zoo and Aquarium
Association, American Association of Botanical Gardens and Arboretums and other
appropriate organizations;
d)e) It has a professional staff;
e)f) It cares for and owns or utilizes
tangible objects;
f)g) It
is open to the public on a regular schedule, and regularly collects
attendance data and maintains sufficient records such that the attendance
numbers can be audited;
g) It
devotes the majority of its floor space or grounds and professional staff
effort to museological purposes;
h) It
presents regularly scheduled programs and exhibits that use and interpret
objects for the public according to accepted standards;
h)i) It has an established Museum Education
Program; and
i)j) It
has filed timely reports and complied with requirements for previous grant
awards.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.130 Application Procedure
a) A public
museum seeking a grant for operating purposes in the current year shall submit
the required number of copies of a completed application, as specified by the
Department, which includes Any public museum seeking a grant for
operating purposes under this Part shall submit 3 copies of the completed
application forms supplied by the Department, and one copy of each attachment,
that includes:
1)a) An
Application Form;
2)b) A
narrative statement describing the public museum=s
education program and how the financial
assistance will enhance the public museum=s education program;
3)c) A
statement describing the qualifications of the educator in charge of the
program (including the curriculum vitae);
4)d) A
brochure describing educational offerings or school services (if available);
5)e) The
annual report of the public museum for the year preceding its application;
6)f) A
certification statement executed by the public museum=s chief
executive officer that certifies that the public museum is in compliance with
the eligibility criteria of this program;
7)g) A
certification statement executed signed by the public
museum=s chief
financial officer that certifies states that the amount of
operating expenditures claimed in accordance with Section 3200.160 of this Part
is accurate and complies with this Part;
8)h) The
audited financial statements of the public museum prepared by a certified
public accountant for the 2 years preceding the public museum's application and
the written reconciliation statement as required by Section 3200.160(c)(3) of
this Part. Grants to museums without
audited financial statements will be limited to the minimum award;
9)i) An
audit statement from an affiliated entity, or a letter of certification listing
expenditures and signed by the chief executive officer of the affiliated entity
if expenditures have been made by the affiliate on behalf of the public museum
and claimed by the public museum as operating expenditures;
10) If funds
are to be distributed by the Department to a fiscal agent on behalf of the
public museum, a certification statement must be signed by the chief executive
officer. The certification shall
reflect:
A) that
there is an ongoing relationship between the museum and the fiscal agent;
B) that the
fiscal agent may incur expenses for the museum=s project;
and
C) that
grant funds will be used specifically for the museum project.
j) Statement
by the chief executive officer of the public museum attesting:
1) that
the public museum is in compliance with the eligibility criteria of this
program;
2) that
adequate records are kept to document the annual attendance number at the
public museum's facility during the preceding calendar year; and
3) that,
if grant funds are to be distributed to a fiscal agent on behalf of the public
museum, there is an ongoing relationship between the public museum and the
fiscal agent; that the fiscal agent may incur expenses for the public museum's
project; and that grant funds will be used specifically for that project.
b) Public
museums may submit only one grant application during an application period.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.140 Application Schedule
Applications for funding assistance
will be accepted each year on a schedule announced publicly by the Department
when appropriations have been made available for distribution under this
program. Specific application
guidelines will be available from the Department at that time.
(Source: Added
at 23 Ill. Reg. 11926, effective September 15, 1999)
Section 3200.150 Review Procedure
Submissions from museums will be
reviewed to ensure that:
a) the public museum meets all eligibility
criteria, as defined in Section 3200.120;
b) the
public museum has an established museum education program and that financial
assistance from the Museum Operating Grants Program will support a project that
will improve and enhance the museum
educational program; and
c) the public
museum meets generally accepted professional standards (as in the accreditation
programs of the American Association of Museums, American Zoo and Aquarium
Association, American Association of Botanical Gardens and Arboretums, and
other appropriate organizations); and
d) the public
museum has complied with requirements of previous grant awards.
(Source: Added
at 23 Ill. Reg. 11926, effective September 15, 1999)
Section 3200.160 Method for Awarding Grants
a) Contribution
Amount ‑ Each eligible public museum applying for financial assistance
pursuant to this Part may receive
financial assistance in an amount determined by the following formula:
1) A proportionate amount equal to the
fraction obtained by dividing the applicant's average operating expenditures by
the aggregate operating expenditures of all eligible applicants, except that:
A) The
administrative costs to operate the program, not to exceed 5% of the total
appropriation, will be deducted from the appropriation before calculating the
awards to determine the amount remaining for financial assistance.
B) No
qualifying public museum may receive more than 10% of the amount
remaining for financial assistance after administrative costs are deducted.
C) Except
as provided in subsection (a)(3) below, no qualifying museum may receive
less than 0.2% of the amount remaining for financial assistance after administrative
costs are deducted.
D) No
qualifying museum may receive more than 50% of its total operating budget.
2) In the
event there is a balance left after the awards have been computed, the surplus
will be allocated to museums on a prorational basis. The surplus balance shall be allocated proportionately to those
museums not receiving the minimum or maximum awards from the initial
computations. No museum may receive
more than 10% of the amount remaining for financial assistance, after
administrative costs have been deducted, and no museum may receive more than
50% of its total operating budget.
3) In the
event there is a deficit after the awards have been computed, the amount of the
deficit will be prorated against all awards.
The amount of deficit prorated to each award will be calculated by
taking the initial award allocations as calculated above, including the
adjustments for minimums and maximums divided by the aggregate awards to
determine the allocation fraction and applying it to the deficit. The result will be subtracted from the
initial award amount.
b) Allocation
Procedure ‑ A contribution amount shall be determined by the following
sequence of procedures:
1) The total operating expenditures of
each public museum during its 2 fiscal years preceding its application shall be
divided by 2 in order to determine the amount of average operating expenditures
of each public museum;
2) The average operating expenditures of
all eligible public museums shall be added together in order to determine the
amount of aggregate operating expenditures of all public museums;
3) The average operating expenditures of
each public museum shall be divided by the aggregate operating expenditures of
all public museum in order to determine the allocation fraction of each public
museum:
A) If the allocation fraction is more than 10% of the amount remaining for financial assistance, the
award will be adjusted as required in subsection (a)(1)(B).
B) If the allocation fraction is less than
0.2% of the amount remaining for financial assistance, the award will be
adjusted as defined in subsection (a)(1)(C).
c) Operating
Expenditures ‑ For purposes of this Part, the amount of operating
expenditures, as defined in Section 3200.100, shall be derived by the public
museum from the total amount of program and supporting services expense that is
reported on its audited financial statement.
However, to accommodate variations among applicants in accounting
methods and expense descriptions on the financial statements, each public
museum shall examine its financial statements in conformity with subsections
(c)(1) and (2).
1) Operating
expenditures may specifically include the following or similar type
types of expenses:
A) Expenditures
from restricted and unrestricted accounts that are ordinary and necessary for
the public museum=s routine day-to-day
operations, including salaries and benefits, products and services, and routine
maintenance and repairs. Restricted funds are those whose use is restricted by
outside agencies or persons as contrasted with funds over which the
organization has complete control and discretion. Unrestricted funds are those
that have no external restriction on their use or purpose, that is, funds that
can be used for any purpose designated by the governing board as distinguished
from funds restricted externally for specific purposes (for example,
operations, plant, and endowment).
B) The
depreciation expense for capital assets may be included.
C) All expenditures
from current restricted accounts that qualify as operating expenditures as
defined under this subsection (c).
Excluded from operating expenses are the capital expenditures listed in
subsection (c)(2)(E) below. For
example, expenditures related to the development of museum exhibitions and displays
may be included even if made from a fund that is limited for this purpose. Expenditures from restricted accounts for
preliminary planning or schematic design work are also allowable, including
architectural, engineering, design, and consultant fees related to routine
maintenance or rehabilitation.
D) Direct expenditures
made on behalf of the public museum by an affiliated entity, provided that they
are ordinary and necessary for the day‑to‑day operations of the
public museum and are separately itemized and verified in writing by the chief
executive officer or chief financial officer affiliated entity. As used in subsection (c)(1)(D), Adirect expenditures@
means expenditures that are identified specifically with the public museum and
are incurred by the affiliated entity only for the museum=s project;
E) The
depreciation expense for movable equipment and other types of personal property
may be included.
F) Interest
expenses on funds borrowed by the public museum to finance expenditures that
are otherwise allowable under this Part.
G) Expenses
incurred by the public museum for the cost of educational, food service and
gift shop activities may be included in the operating expenditure total. The receipts from these activities should
not be deducted from the expenditure total.
2) Operating
expenditures shall not include any of the following or similar type of
expenses:
A) Transfers made to
or between the public museum's accounts or funds;
B) Losses or other
costs associated with loans and/or investments made by the public museum;
C) Expenses for the
direct and indirect costs of programs operated by the public museum that are
unrelated to museological purposes. For
example, the costs of salaries, equipment, facilities and other direct and
indirect costs of a school with a regular curriculum that is run by the public
museum are not allowable;
D) Capital
expenditures from restricted accounts, including but not limited to:
i) real property;
ii) buildings,
additions and/or structures (including site development and associated fixed
equipment);
iii) extensive
remodeling and/or rehabilitation work or site improvement; and
iv) utilities C lines fees, tapping fees,
meter fees and other expenses not related to normal daily consumption.
E) Expenditures for
repayment of principal on funds borrowed by the public museum.
3) If the amount of
operating expenditures claimed by the public museum under this Part is not the
same as a reported expense amount on the audited financial statement, the
public museum shall prepare a reconciliation statement. This explanation shall describe in detail
for the reviewer to understand the amount and purpose of each expense added to
or subtracted from the amount of expense reported in the audited financial
statements in arriving at operating expense.
e) The Director shall
determine and approve the amount that each eligible public museum receives as
contribution under this Part.
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
Section 3200.165 Process for Payment
a) Upon
completion and processing of the Department=s
Project Agreement, award payments will be issued.
b) Submission
of a report to the Department describing how grant funds were expended and the
results of such expenditures will be required as delineated in the project
agreement.
(Source:
Added at 23 Ill. Reg. 11926, effective September 15, 1999)
Section 3200.170 Program Information/Contact
For additional
information on the public museum operating grant rules contact:
Illinois
State Museum, Museum Grants Officer
502
S. Spring Street Spring and Edwards Street
Springfield
IL 62706-5000
Phone:
217.782.5992; Fax 217.782.1254
email:
museumgrants@museum.state.il.us
(Source: Amended at 27 Ill. Reg. ________, effective
____________)
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