BEFORE THE MONTANA ARTS COUNCIL

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 10.111.701, 10.111.702, 10.111.704, 10.111.706, and 10.111.707, and repeal of ARM 10.111.705 and 10.111.708 pertaining to cultural and aesthetic project grant proposals

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NOTICE OF AMENDMENT AND REPEAL

 

TO:  All Concerned Persons

 

1.  On March 22, 2012 the Montana Arts Council published MAR Notice No. 10-111-50 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 535 of the 2012 Montana Administrative Register, Issue Number 6.

 

2.  The council has amended ARM 10.111.702, 10.111.704, and 10.111.707, and repealed ARM 10.111.705 and 10.111.708 exactly as proposed.

 

3.  The department has amended the following rules as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

10.111.701  ELIGIBLE APPLICANTS  (1)  Any person, association, or representative of a governing unit may submit an application for funding of a cultural and aesthetic project from the income of the trust fund.  The term "governing unit" includes state, regional, county, city, town, or Indian tribe.  

 

AUTH:  22-2-303, MCA

IMP:      22-2-301, MCA

 

10.111.706  EVALUATION CRITERIA  (1)  Evaluation criteria is are established in the application and guidelines.  

 

AUTH:  22-2-303, MCA

IMP:      22-2-302, 22-2-306, MCA

 

4.  The Montana Arts Council has thoroughly considered the comments and testimony received.  A summary of the comments received and the department's responses are as follows:

 

COMMENT 1: ARM 10.111.704 Eligible Individuals:  Section "B" is crossed out and next one is "C".

 

RESPONSE 1: The proposed amendments to ARM 10.111.704 follow the Secretary of State's requirements for interlining deleted text and underlining new text.  As amended, the text from (C) will now follow (B), and old (E) is renumbered to new (C).  Therefore, the rule is being amended as proposed.

 

COMMENT 2:  ARM 10.111.701 To keep the correct grammatical tenses, "regional" should be changed to "region" in the listing in part 1.

 

RESPONSE 2:  Regional will be changed to region.

 

COMMENT 3:  ARM 10.111.706 EVALUATION CRITERIA (1) Evaluation criteria is established in the application and guidelines.   Grammatical correction: the word "criteria" is plural by definition, consequently "is" should be "are." In case anyone asks, the singular of "criteria" is "criterion." It is similar to the mistake practically everyone makes by referring to "data" in the singular when the word is truly plural; singular is "datum."

 

RESPONSE 3:  "Is" will be changed to "are" to correct this grammatical error.

 

COMMENT 4:  ARM 10.111.708 INCREMENTAL DISBURSEMENTS OF GRANTS, is found on page 10-1360 of the Administrative Rules of Montana. The deletion of this section is puzzling as there is nothing to replace it. Is the current practice to be followed, is there a new schedule, or none at all? 

 

RESPONSE 4:  This rule is a duplication of materials already in law, cited in 22-2-306, MCA.  Information about incremental disbursement of grants will be outlined in the grant guidelines in concurrence with the law.

 

COMMENT 5:  ARM 10.111.701 Clarification of who is eligible to apply.  What is the definition of "representative of a governing unit" and who will be included, who excluded? On the face of it, with section (b) deleted and a narrow interpretation of "representative," exempt organizations would not be eligible to apply.

 

Several rewordings were suggested:

• Suggest reordering the list to read "Any representative of a governing unit, person or association may submit…"
• I think the following slight modification would make that sentence more clear: "Any person or association, or any representative of a governing unit, …"

 

RESPONSE 5:  The language reflects the text in the law.  The definition of eligible applicants is not being narrowed by this revision.  Exempt organizations are eligible to apply.  Clarification of the definitions will be outlined in the grant guidelines in concurrence with this law.

 

COMMENT 6:  In the law the deadline for application is August 1.  In the rules it is September 1.  ARM 10.111.703 APPLICATION DEADLINE (1) Applications must display a postmark not later than September 1, of the year preceding the convening of a regular legislative session. 

 

22-2-301. Cultural and aesthetic projects grants. (1) Any person, association, or representative of a governing unit seeking a grant for a cultural or aesthetic project from the income of the trust fund created in 15-35-108 must submit a grant proposal to the cultural and aesthetic projects advisory committee, in care of the Montana arts council, by August 1 of the year preceding the convening of a regular legislative session.

 

RESPONSE 6:  ARM 10.111.703 APPLICATION DEADLINE will be repealed.  It is in conflict with the law.

 

            5.  Based on comments the Montana Arts Council also repeals ARM 10.111.703.

 

10.111.703  APPLICATION DEADLINE

 

AUTH:  22-2-303

IMP:     22-2-301

 

 

/s/ Ann Gilkey                                                    /s/ Arlynn Fishbaugh            

Ann Gilkey, Chief Legal Counsel                   Arlynn Fishbaugh, Executive Director

Office of Public Instruction                               Montana Arts Council

Rule Reviewer                                                                                                                      

           

Certified to the Secretary of State August 13, 2012.