Current through Register Vol. 48, No. 38, September 20, 2024
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),
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
prorated 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 museums 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 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). 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 this subsection (c)(1)(D), "direct 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 types 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 - 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.
d) The Director shall determine
and approve the amount that each eligible public museum receives as
contribution under this Part.