DAR File No. 32296

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 Culture
Library
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 smatthews@utah.gov

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

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