CHAPTER 24:50:01
GRANT ASSISTANCE
Section
24:50:01:01 Definitions.
24:50:01:02 Advisory panels.
24:50:01:03 Conflict of interest.
24:50:01:04 Eligibility requirements for individuals applying for fellowship grants.
24:50:01:05 Eligibility requirements for individuals applying for project assistance.
24:50:01:06 Eligibility requirements for organizations applying for assistance.
24:50:01:07 Eligibility requirements for arts organizations applying for general operating assistance.
24:50:01:08 Application restrictions.
24:50:01:09 Sources of matching funds.
24:50:01:10 Assistance application process.
24:50:01:11 Council actions regarding applications.
24:50:01:12 Standards for review of requests for grants -- Funding decisions.
24:50:01:13 Duties of grantees.
24:50:01:14 Termination of grants.
24:50:01:15 Pilot categories.
24:50:01:16 Prohibited uses of grant funds.
24:50:01:17 Appeal of decisions.
24:50:01:01. Definitions. Terms used in this chapter mean:
(1) "Advisory panel," a group of persons appointed by the council to review and make recommendations on grant assistance offered by the council or make recommendations on public arts policy matters;
(2) "Applicant," an organization, institution, or individual that applies for grant assistance;
(3) "Arts organization," an organization which is involved in dance, music, opera/music theater, theater, visual arts, design arts, crafts, photography, media arts, literature, interdisciplinary arts, folk arts, humanities, multidisciplinary arts, or any combination of the above;
(4) "Authorizing official," the person with authority to obligate an applicant;
(5) "Certified audit report," an independent financial statement by a certified public accountant or a public accountant licensed in the state of South Dakota;
(6) "Council," the South Dakota arts council;
(7) "Fellowship grant," assistance to an individual artist for career development;
(8) "Fiscal year," July 1 to June 30;
(9) "General operating assistance," matching funds for operational assistance to eligible organizations;
(10) "Grant," an allocation of funds to an applicant which is to be used for the purpose described in the application;
(11) "Grant contract," the legally binding document issued by the council and signed by an authorizing official of an organization or by an individual artist who has received a grant obligating the performance of grant activities and the fulfillment of requirements stipulated in the contract;
(12) "Grantee," an applicant whose application is approved for funding by the council;
(13) "Matching funds," the share of the financial support for a project or program raised by an applicant from sources other than the council;
(14) "Payee," the person to whom grant payments will be sent;
(15)"Program guide," a description of programs and services of the council which includes instructions, deadlines, and other aids for the applicant seeking council grant assistance;
(16) "Project," an activity or series of closely related activities for which funds are requested from the council;
(17) "Project assistance," matching funds assistance to an organization or an individual artist for a project or activity;
(18) "Services," nongrant activities including, but not limited to, information services, technical and consultative services, planning, reporting, evaluation, and other program development efforts that are provided by the council; and
(19) "Student," a person actively enrolled and pursuing a program or degree other than postgraduate in a private or public institution.
Source: 12 SDR 56, effective October 8, 1985.
General Authority: SDCL 1-22-8.
Law Implemented: SDCL 1-22-5.
Cross-References: Public accountants, SDCL 36-20A; Certified public accountants and public accountants, art 20:37.
24:50:01:02. Advisory panels. The council may appoint advisory panels to review grant applications.
Members of each advisory panel shall have expertise in a particular area of the arts, arts support, or administration. Panel members shall be selected by the council from among practitioners, administrators, educators, directors of arts organizations, trustees of arts organizations, and other participants in the arts.
Advisory panels, when reviewing applications, shall submit their recommendations as follows:
(1) For full funding;
(2) For partial funding;
(3) For no funding.
Individual artist fellowship grants may only be recommended for the full requested amount.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:03. Conflict of interest. A council member or member of an advisory panel with a direct financial or employment interest relating to a grant application before the council or an advisory panel or with a professional, employment, or financial interest relating to an applicant shall inform the council of such an affiliation before review of an application.
Affiliations that constitute conflict of interest include the following:
(1) Receipt of direct financial benefit from the applicant or project being reviewed;
(2) Serving as an employee or governing board member of an applicant organization being reviewed;
(3) Serving with or without payment as a consultant to an applicant on the application being reviewed; or
(4) Immediate family relationship with an applicant or a staff or board member of an applicant organization.
The council shall annually screen its members, staff, and advisory panel members for affiliations which may constitute conflict of interest. Any member found to have a conflict of interest as defined in this section shall abstain from all deliberations of the council or advisory panel regarding the application raising the conflict.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8, 6-1-1.
Law Implemented:SDCL 1-22-5.
24:50:01:04. Eligibility requirements for individuals applying for fellowship grants. An artist is eligible for fellowship grants if that artist has actively participated in the arts of South Dakota and resided in the state for two years at the date of application. Artists who are students at the date of application are not eligible to apply for fellowship grants.
An artist who has received a council fellowship grant may not apply for another fellowship grant for two fiscal years from the date of the grant award. However, fellowship grantees who have been awarded $1,000 or less are eligible to reapply the following year.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:05. Eligibility requirements for individuals applying for project assistance. An artist is eligible for project assistance if that artist has actively participated in the arts of South Dakota and resided in the state for two years at the date of application. Artists who are students at the date of application are not eligible. There is no residency requirement for individuals applying for assistance to tour in South Dakota.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:06. Eligibility requirements for organizations applying for assistance. The following types of organizations are eligible to apply for assistance:
(1) Nonprofit organizations designated as federally tax exempt under section 501(c)(3) of the Internal Revenue Code in effect on July 26, 1985;
(2) Units of state and local government; and
(3) Nonprofit educational institutions.
An organization not meeting the requirements of subdivision (1), (2), or (3) of this section may apply under the aegis of another qualified nonprofit organization. The qualified nonprofit organization is responsible for all fiscal and contractual arrangements.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:07. Eligibility requirements for arts organizations applying for general operating assistance. The following types of organizations are eligible to apply for general operating assistance:
(1) A South Dakota nonprofit arts organization designated as federally tax exempt under section 501(c)(3) of the Internal Revenue Code in effect on July 26, 1985; and
(2) A South Dakota arts organization which is permanently under the aegis of a nonprofit organization qualified under subdivision 24:50:01:06(1). The qualified nonprofit organization is responsible for all fiscal and contractual arrangements.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:09. Sources of matching funds. The sources of matching funds may be one or more of the following:
(1) Income - admission revenue derived from sale of admissions, tickets, subscriptions, and memberships for events of the project; contractual services revenue derived from fees earned through sale of services; and other revenue including advertising space in programs, catalog sales, gift shop income, concessions, parking, and similar sources;
(2) Cash support - contributions from businesses, corporations, foundations, individuals, fund-raisers, and similar sources including the sponsoring organization;
(3) Government support - revenue derived from nonfederal government grants or appropriations given for the project;
(4) In-kind contributions - fair market value of noncash contributions to the project which re provided to the applicant by volunteers or outside parties at no cash cost to the applicant; and
(5) Other grants - grants received from other nonfederal grant-making agencies, public or private.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:10. Assistance application process. All applications for assistance shall be made on the application form approved and provided by the council for the specific program. Applicants must use the assistance application forms for the fiscal year for which the grant is to be made. Requests for other forms of assistance may be made directly to the council at its offices.
All applications must be postmarked by the deadlines for the specific programs set forth by the council in the current program guide.
All applications submitted by individual artists to the council for grants shall include examples, where applicable, of the work of the applicant. The types of examples required and the maximum number of examples to be submitted shall be specified in the current program guide of the council.
An incomplete application is not eligible for review by an advisory panel or the council.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:11. Council actions regarding applications. The council may request comments and recommendations from the staff on all aspects of applications.
The council may request a revised budget or project description, or both, before taking final action on a grant application.
The council shall make all final decisions as to approval or rejection of grant applications or requests for other forms of assistance; however, the council staff may approve grants or requests for other funds or assistance in the interim between council meetings provided the amount not exceed $500 and the application meets criteria stated in the program guide.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:12. Standards for review of requests for grants -- Funding decisions. The council and any advisory panel appointed shall review service programs and project applications for assistance based upon the merit and artistic quality of the project and where applicable, project description, project expense and income, and matching funds information.
The applications of individual artists shall be reviewed for the quality of the artistic activity as demonstrated in the examples of the work submitted.
The council shall make funding decisions based on its determination of the relative merit and artistic quality of the applications as evidenced in the application and the work submitted.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:13. Duties of grantees. In order for the payee to receive payment, the grantee or authorizing official must sign and return to the council one copy of the grant contract and attachments.
The grantee shall acknowledge assistance by the council on all published materials such as programs, news releases, and posters relating to the grantee's project or program. The grantee must use the acknowledgement statement provided in the grant contract.
If the grantee intends to make a program or project change after notification of council approval, the grantee shall notify the council before the change is implemented. The staff shall review the proposed changes to ensure that the project or program remains eligible for support. Within 30 days, the council shall notify the grantee in writing of the approval or disapproval of the program or project change.
The grantee shall comply with the federal regulations specified in the grant contract.
The grantee shall submit a certified audit report of the organization or the project at the council's request.
For purposes of evaluation, the grantee must permit the council and staff access to all activities and records including books, receipts, and similar materials kept by the grantee relating to projects or programs supported by the council. Records shall be kept for a period of three years.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:14. Termination of grants. The grantee shall submit a final report in the format designated by the council within 30 days after completion of the project or program. Failure to submit a final report will prohibit future awards of council grant funds to the grantee.
The grantee must conduct the project or program in the same fiscal year for which the grant is received or must obligate the funds for expenditure.
A grant contract may be terminated at any time upon the written request of the grantee.
A grant contract may be terminated by the council at any time if the grantee fails to comply with one or more of the conditions of the grant contract. Termination shall be effective upon receipt of written notice by the grantee.
A grant contract may be terminated at any time by mutual written agreement of the council and the grantee.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:16. Prohibited uses of grant funds. The council may not provide assistance for the following:
(1) Funding for capital improvements, except as match funds, new building construction, or endowment funds;
(2) Funding to make up fund deficiencies in projects other than approved projects specified by the council; and
(3) Funding for activities for which the primary purpose is to generate academic credit.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
24:50:01:17. Appeal of decisions. Appeals may be made in accordance with SDCL 1-26. A request for appeal shall be submitted to the council in writing within 45 days after notification of the council or staff decision.
Source: 12 SDR 56, effective October 8, 1985.
General Authority:SDCL 1-22-8.
Law Implemented:SDCL 1-22-5.
CHAPTER 24:50:02
SELECTION OF ART FOR STATE BUILDINGS
Section
24:50:02:01 Definitions.
24:50:02:02 Project advisory panel.
24:50:02:03 Conflict of interest.
24:50:02:04 Composition of project advisory panel for projects $25,000 or less.
24:50:02:05 Composition of project advisory panel for projects over $25,000 -- Appointment of artist advisory panel.
24:50:02:06 Commission of art work.
24:50:02:07 Application procedure -- Selection criteria.
24:50:02:01. Definitions. Terms defined in SDCL 1-22-9 have the same meaning when used in this chapter. In addition, terms mean:
(1) "Project advisory panel," a group of citizens established by the council to review and recommend art work for state buildings included in SDCL 1-22-9 to 1-22-17, inclusive;
(2) "Art project," the acquisition of works of art for a state building under SDCL 1-22-9 to 1-22-17, inclusive;
(3) "Building user," the unit of state government located within a state building;
(4) "Commission," an authorization from an advisory panel and the council to create a new work of art;
(5) "Council," the South Dakota arts council;
(6) "Office," the office of arts of the department of education and cultural affairs;
(7) "Artist advisory panel," a group of visual arts professionals appointed by the council to review and comment on art work for a project advisory panel;
(8) "Visual arts professional," any practitioner generally recognized by peers or critics as a professional who produces or is knowledgeable about works of art, including sculpture, drawing, painting, photography, graphic art, crafts, architecture, design arts, and mixed media.
Source: 19 SDR 85, effective December 13, 1992.
General Authority:SDCL 1-22-14.
Law Implemented:SDCL 1-22-14.
24:50:02:02. Project advisory panel. The council shall establish a project advisory panel for each art project to recommend artists to create works of art and to recommend works of art for state buildings pursuant to SDCL 1-22-9 to 1-22-17, inclusive. The project advisory panel shall recommend suitable art forms and locations in accordance with a budget for each project.
A project advisory panel shall elect one member to serve as chairperson. Recommendations of a project advisory panel shall be determined by majority vote. Project advisory panel recommendations shall be presented to the council at a regularly scheduled meeting for the council's final approval.
Members of project advisory panels shall be compensated pursuant to article 5:01 for travel expenses incurred to attend meetings.
Source: 19 SDR 85, effective December 13, 1992.
General Authority:SDCL 1-22-14.
Law Implemented:SDCL 1-22-14.
24:50:02:03. Conflict of interest. Individuals and their immediate family members planning to apply to create a work of art or who will gain monetarily from an art project are not eligible to serve on a project advisory panel or an artist advisory panel for that project.
Source: 19 SDR 85, effective December 13, 1992.
General Authority:SDCL 1-22-14.
Law Implemented:SDCL 1-22-14.
24:50:02:04. Composition of project advisory panel for projects $25,000 or less. For an art project with a budget of $25,000 or less, the project advisory panel shall be composed of five members, as follows:
(1) The building architect or representative;
(2) A community member from the building site appointed by the mayor;
(3) A representative of the building user appointed by the sponsoring state agency;
(4) A visual arts professional appointed by the council; and
(5) A council member appointed by the council chairperson.
Source: 19 SDR 85, effective December 13, 1992.
General Authority:SDCL 1-22-14.
Law Implemented:SDCL 1-22-14.
24:50:02:05. Composition of project advisory panel for projects over $25,000 -- Appointment of artist advisory panel. For an art project with a budget over $25,000, the project advisory panel shall be composed of seven members, as follows:
(1) The building architect or representative;
(2) A community member from the building site appointed by the mayor;
(3) A representative of the sponsoring state agency;
(4) A representative of the building user;
(5) A visual arts professional appointed by the council;
(6) A council member appointed by the council chairperson; and
(7) A state legislator from the district of the art project appointed by the secretary of the department of education and cultural affairs.
For an art project with a budget over $25,000, the council may appoint an artist advisory panel composed of three visual arts professionals to review and comment on all submissions of art work for that project. Artist advisory panel meetings are open to the public. Members of artist advisory panels shall be compensated pursuant to article 5:01 for travel expenses incurred to attend meetings.
Source: 19 SDR 85, effective December 13, 1992.
General Authority:SDCL 1-22-14.
Law Implemented:SDCL 1-22-14.
24:50:02:06. Commission of art work. If the council decides to commission art work for a project, the commission must be an open competition among artists and must be widely publicized by the council through the media, council publications, and council mailing lists.
Source: 19 SDR 85, effective December 13, 1992.
General Authority:SDCL 1-22-14.
Law Implemented:SDCL 1-22-14.
24:50:02:07. Application procedure -- Selection criteria. The council shall publicize each art project through the media, council publications, and council mailing lists.
An applicant artist shall submit an application form, current resume, and ten 35-mm slides of art work to the office of arts. Application materials shall be reviewed by the artist advisory panel, if one is appointed, and the project advisory panel. Application materials shall be made available to the council for final approval.
The following factors shall be considered by project advisory panels, artist advisory panels, and the council when reviewing applications from artists:
(1) Quality of art work as demonstrated by examples of the work submitted;
(2) Previous experience; and
(3) Evidence that the work of art can be produced for the funds available and according to the schedule for the art project.
Source: 19 SDR 85, effective December 13, 1992.
General Authority:SDCL 1-22-14.
Law Implemented:SDCL 1-22-14.
