DAR File No. 32296
This filing was published in the 02/01/2009, issue, Vol. 2009, No. 3, of the Utah State Bulletin.
Community and Culture, Library
R223-2
Public Library Online Access for Eligibility to Receive Public Funds
NOTICE OF PROPOSED RULE
DAR File No.: 32296
Filed: 01/12/2009, 10:44
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
This amendment is necessary to clarify the manner in which the State Library Division will implement its responsibility under Section 9-7-213, Rulemaking ("(4) standards for the public library online access policy required in Section 9-7-215"). This change will also simplify the manner in which public libraries may satisfy their requirements under the applicable statute to State Library Division's satisfaction in accordance with Section 9-7-217, Reporting ("The division shall make a report to the Workforce Services and Community and Economic Development Interim Committee at least once every three years regarding the compliance of library boards with Section 9-7-215").
Summary of the rule or change:
Language changes are made to simplify the reporting procedure for local agencies to comply with the rule. In response to H.B. 63 from the 2008 General Session, the agency is required to change the code citations to match the recodification of Title 63. (DAR NOTE: H.B. 63 (2008) is found at Chapter 382, Laws of Utah 2008, and was effective 05/05/2008.)
State statutory or constitutional authorization for this rule:
Sections 9-7-213, 9-7-215, 9-7-216, and 9-7-217
Anticipated cost or savings to:
the state budget:
State Library Division: potential savings may approximate 150 man hours, or approximately $4,500.
local governments:
Local Library Staff: potential savings may approximate 10 man hours per agency, or approximately $300. Local Legal Representative: potential costs may approximate 5 man hours, or approximately $1,000.
small businesses and persons other than businesses:
Small Business or Other Agencies: there is no anticipated cost or saving to small businesses or other agencies because this rule is not applicable to them, nor does it affect them.
Compliance costs for affected persons:
State Library Division: potential cost may approximate 25 man hours, or approximately $750. Local Library Staff: potential cost may approximate 5 man hours per agency, or approximately $150. Small Business or Other Agencies: Local legal representative (i.e., city or county attorney) potential cost may approximate 5 man hours per agency, or approximately $1,000.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of our knowledge, there is no impact of any kind on private businesses resulting from this rule. 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 CultureLibrary
250 N 1950 W
SALT LAKE CITY UT 84116-7901
Direct questions regarding this rule to:
Stephen A Matthews at the above address, by phone at 801-715-6722, by FAX at 801-715-6767, or by Internet E-mail at [email protected]
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:
03/18/2009
This rule may become effective on:
03/25/2009
Authorized by:
Donna J Morris, Director
RULE TEXT
R223. Community and Culture, Library.
R223-2. Public Library Online Access for Eligibility to Receive Public Funds.
R223-2-1. Authority and Policy.
(1) The Utah State Library Division, Department
of Community and Culture, State of Utah, hereby adopts this rule in accordance
with Sections [63-46a-1]63G-3-101et seq., and 9-7-213, 9-7-215, [and ]9-7-216, and 9-7-217,
UCA, for the purpose of determining public library eligibility to receive
state funds.
(2) For a public library that offers public access to the Internet to qualify and retain eligibility to receive state funds, the Library Board shall adopt and enforce a Policy that meets the process and content standards defined in Section 9-7-216, UCA.
R223-2-3. Reporting.
(1) Each Library Board shall submit a copy of
its Policy to the Director of the State Library Division no later than July 1, beginning
2001, and every three years thereafter, accompanied by a letter
signed by the Library Director and Library Board Chair affirming that [the
Policy was adopted in an open meeting, that notice of the Policy's availability
has been posted in a conspicuous place within the library, and that ]the
Policy is intended to meet the provisions of [this rule and ]Section[s
9-7-213 and] 9-7-215, UCA.
(2) All documents submitted shall be classified as public records in accordance with the Government Records Access and Management Act (Title 63G, Chapter 2).
R223-2-4. State Library Administrative Procedures.
(1) The State Library Division shall review all public library policies received by July 1, beginning 2001, for compliance with this rule.
(2) The Director of the State Library Division shall issue notices of compliance or non-compliance within 30 days following the receipt of the policy and accompanying letter affirming its compliance with Section 9-7-215, UCA. Any library not submitting a policy and accompanying letter shall receive a notice of non-compliance.
(3) Appeals to [the]a notice of
non-compliance shall be submitted in writing, within 30 days of the date of the
notice, to the Executive Director of the Department of Community and [Economic
Development]Culture, who shall respond within 30 days.
(4) A public library receiving a notice of non-compliance shall not be eligible to receive state funds until the condition(s) upon which the notice of non-compliance is based are corrected and a notice of compliance is received.
(5) A public library in compliance shall be eligible to receive state funds in state fiscal year beginning 2002 and subsequent years, as long as a current Policy and accompanying letter is resubmitted to the State Library Division no later than July 1, 2004, and every three years thereafter.
(6) A public library otherwise in compliance
with the provisions of this rule shall not lose eligibility to receive state
funds unless a complaint [submitted to the Library Board ]under its
Policy results in a ruling from a court of law that a [minor has accessed
obscene material]violation of applicable State Statute occurred
expressly due to insufficient enforcement of, or deficient language in
the Policy[ by the local library].
KEY: libraries, public library, Internet access
Date of Enactment or Last Substantive
Amendment: [September 8, 2004]2009
Notice of Continuation: November 7, 2005
Authorizing, and Implemented or Interpreted Law: 9-7-213; 9-7-215; 9-7-216; 20 U.S.C. Sec. 9101
ADDITIONAL INFORMATION
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For questions regarding the content or application of this rule, please contact Stephen A Matthews at the above address, by phone at 801-715-6722, by FAX at 801-715-6767, or by Internet E-mail at [email protected]
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 01/30/2009 9:46 AM