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Published: 2015

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TITLE 4                 CULTURAL RESOURCES

CHAPTER 5         STATE LIBRARY

PART 2                 STATE GRANTS IN AID TO PUBLIC

LIBRARIES

 

4.5.2.1                    ISSUING AGENCY:  Department of Cultural Affairs, New Mexico

State Library Division.

[4.5.2.1 NMAC - Rp, 4.5.2.1

NMAC, 7/1/2009]

 

4.5.2.2                    SCOPE:  Public libraries and developing public

libraries.

[4.5.2.2 NMAC - Rp, 4.5.2.2

NMAC, 7/1/2009]

 

4.5.2.3                    STATUTORY AUTHORITY:  Section 18-2-4 I NMSA 1978 directs the state

librarian to make rules and regulations necessary to administer the division

and as provided by law.  Section 18-2-4 B

NMSA 1978 directs the state librarian to administer grants-in-aid and encourage

local library services and generally promote an effective statewide library

system.

[4.5.2.3 NMAC - Rp, 4.5.2.3

NMAC, 7/1/2009]

 

4.5.2.4                    DURATION:  Permanent.

[4.5.2.4 NMAC - Rp, 4.5.2.4

NMAC, 7/1/2009]

 

4.5.2.5                    EFFECTIVE DATE:  July 1, 2009 unless a later date is cited at

the end of a section.

[4.5.2.5 NMAC - Rp, 4.5.2.5

NMAC, 7/1/2009]

 

4.5.2.6                    OBJECTIVE:  The objective of this rule is to describe the

state grants in aid to public libraries program (hereinafter “the state aid

program”) and to establish criteria for reviewing and awarding the grants.   The purpose of the state aid program is to

provide financial assistance that encourages and supports public library

service by public libraries and developing public libraries.  The state aid program is intended to

supplement and encourage local effort in providing local library service.  The state aid program consists of developing

library grants and public library grants that may be used for:  library collections; library staff salaries;

library staff professional development; library equipment; or other operational

expenditures associated with delivery of library services.

[4.5.2.6 NMAC - Rp, 4.5.2.6

NMAC, 7/1/2009; A, 6/15/2010]

 

4.5.2.7                    DEFINITIONS:

                A.            “Annual report” means a report sent once a year from

a public library to the state library. 

An annual report shall:

                   

(1)     provide information in the

time, manner and form prescribed by the state library;

                   

(2)     cover one fiscal year’s

activities including income, expenditures, statistics on collections and

services, and compliance with state aid program criteria;

                   

(3)     be certified by the

library as to the accuracy, completeness, and truthfulness of the information

provided;

                   

(4)     be approved by and on file

at the state library.

                B.            “Basic developing library services” means free

services provided by a developing library to its legal service area that

include circulating collections; basic reference collection and services;

educational programs and interlibrary loan services.

                C.            “Basic public library services” means free services

provided by a public library to its legal service area that include circulating

collections; basic reference collection and services; educational programs;

interlibrary loan services; and public access computers connected to the

internet.

                D.            “Basic reference collection” means materials

listed in the basic reference list published periodically by the state library.

                E.             “Branch/bookmobile” means an auxiliary

service administered by a public or developing library that provides the

following:

                   

(1)     separate quarters from the

main library;

                   

(2)     a permanent circulating

and basic reference collection;

                   

(3)     staff dedicated to the

branch or bookmobile;

                   

(4)     open 20 hours per week on

an annual basis.

                F.             “Collection development policy” means

guidelines used by library staff for making decisions about budget, selection,

management and preservation of library collections.

                G.            “Community analysis and needs assessment”

means an evaluation of the library’s legal service area; its current and future

needs; and the library’s role in meeting those needs.

                H.            “Developing library” means a New Mexico

organization that offers basic developing library services within its legal

service area.

                    (1)     A developing library is established

either:

                             

(a)     through an ordinance or

legal resolution of a subdivision of state government;

                             

(b)     by a contract between a

private entity and a subdivision of state government;

                             

(c)     by an Indian nation; or

                             

(d)     as a non-profit

corporation.

                   

(2)     A developing library is:

                             

(a)     open a minimum of fifteen

hours per week on an annual basis;

                             

(b)     open a minimum of two days

each week on an annual basis; and

                             

(c)     clearly posts the hours of

operation on or near the library.

                I.              “Fiscal year” means July 1 through June

30.

                J.             “Legal service area” means the

geographic area for which a library has been established to offer services and

from which, or on behalf of which, the library derives income. The legal

service area may also include any areas served under written agreement or

contract for which the library is the primary service provider.  The legal service area includes the entire

service area of the library or library system and not merely the general

service area of any one branch.  The most

recent United States census determines the population of the legal service area

if the population figures are given separately for that area.  If the census does not have a discreet

population figure for the legal service area, then the state library and the

library whose population is at issue shall work together to arrive at a

mutually acceptable population figure using the most recent census data.  If this is not possible, the state library in

its sole discretion shall determine the population for the library’s legal

service area.

                K.            “Library board” means a planning and

advisory group for the library comprised of representative members of the

community.

                L.            “Library collections” means library

holdings for public use.  Holdings can

include such items as books, videos, sound recordings, and licensed databases.

                M.           “Library equipment” means equipment

associated with the delivery of library services.

                N.            “Library staff” means employees or

volunteers whose time is dedicated to delivery of library services.

                O.            “Local acquisitions expenditures” means

an amount expended for library collections from any source other than state

funding such as state aid program funds or general obligation bond funds.  The source of the money may include municipal

funds, county funds, tribal funds, or money acquired through donations,

fund-raising or grants.  This amount

shall not include in-kind contributions.

                P.            “Long range plan” means a detailed

program to ensure that library services meet the current and future needs of

the legal service area.  The plan shall

include a vision and mission statement as well as goals and objectives.

                Q.            “Public library” means a New Mexico

organization that offers basic public library services within its legal service

area.

                    (1)    

A public library is established either:

                             

(a)     through an ordinance or

legal resolution of a subdivision of state government;

                             

(b)     by a contract between a private

entity and a subdivision of state government;

                             

(c)     by Indian nation; or

                             

(d)     as a non-profit

corporation.

                   

(2)     A public library is:

                          

   (a)     open a minimum of 25 hours per week on an

annual basis; and

                             

(b)     clearly posts the hours of

operation on or near the library.

[4.5.2.7 NMAC - Rp, 4.5.2.7

NMAC, 7/1/2009; A, 6/15/2010]

 

4.5.2.8                    DEVELOPING LIBRARY GRANT:

                A.            Purpose:  To

supplement an eligible developing library’s budget for up to five years until

it meets the minimum requirements for a public library grant.

                B.            Description: 

The grant awards a minimum of $1,500 to each eligible developing

library.  The grant funds shall be used

for library collections; library staff salaries; library staff training;

library equipment; or other operational expenditures associated with delivery

of library services.

                C.            Criteria for reviewing and awarding developing library

grants:  The staff of the state

library shall award developing library grants to developing libraries that have

met the following criteria.

                   

(1)     Library shall be a

developing library.

                   

(2)     Library shall have filed

an annual report with the state library.

                   

(3)     Library shall have

received no more than five developing library grants.

                   

(4)     Library shall demonstrate

financial support from sources other than state funding.  A library shall have minimum annual local

acquisitions expenditures based upon a per capita amount expended per legal

service area population.  The schedule of

local acquisitions expenditures for a developing library is: $0.25 per capita

in its first year of participation; $0.50 per capita in its second year; $0.75

per capita in its third year; $1.00 per capita in its fourth year; and $1.25

per capita in its fifth year.

                   

(5)     Library shall keep

adequate financial and other records to support its eligibility for receiving

library grants.  At the sole discretion

of the state library, such records may be audited annually, or as needed, by

the state library or its designated representative.

                   

(6)     Library shall be in

compliance with all relevant state statutes affecting public libraries.

                   

(7)     Library shall have met all

requirements for developing library grants in the required timeframes.

                    (8)     Library shall have a designated director.

                   

(9)     Library shall have a

library board that meets at least two times a year.  The meetings shall be held in accordance with

the state open meetings law.

                   (10)    

Libraries who fail to expend all grant funds during the fiscal year in

which they are awarded will not be eligible to receive a state aid grant in the

next fiscal year.

[4.5.2.8 NMAC - Rp, 4.5.2.14

NMAC, 7/1/2009; A, 6/15/2010]

 

4.5.2.9                    PUBLIC LIBRARY GRANT:

                A.            Purpose:  To

supplement an eligible public library’s budget.

                B.            Description: The grants are awarded to all eligible

public libraries, branches, and bookmobiles according to the formula detailed

in this section after distribution to developing libraries.  Each public library shall receive one (1)

share in the allocation of funds; each branch or bookmobile shall receive

one-half ( .5) share in the allocation of funds.  The grant funds shall be used for library

collections; library staff salaries; library staff training; library equipment;

or other operational expenditures associated with delivery of library services.

                C.            Criteria for reviewing and awarding public library

grants:  The staff of the state

library shall review and award public library grants to public libraries that

have met the following criteria:

                   

(1)     Library shall be a public

library.

                   

(2)     Library shall have filed

an annual report with the state library.

                    (3)     Library shall have been in continuous

existence and operation for at least one year.

                   

(4)     Library shall demonstrate

financial support from sources other than state funding.  Library shall have a minimum annual local

acquisitions expenditure of $1.50 per capita of the legal service area

population.

                   

(5)     Library shall keep

adequate financial and other records to support its eligibility for receiving

library grants.  At the sole discretion

of the state library, such records may be audited annually, or as needed, by

the state library or its designated representative.

                   

(6)     Library shall be in

compliance with all relevant state statutes affecting public libraries.

                   

(7)     Library shall have met all

requirements for public library grants in the required timeframes.

                   

(8)     Library shall have a

community analysis and assessment, a long-range plan and a collection

development policy that are reviewed and updated on a regular basis as

determined by the library.

                   

(9)     A public library shall

have a library board that meets at least two times a year. The meetings shall

be held in accordance with the state open meetings law.

                    (10)   

Library shall have a designated director.

                   

(11)    Libraries who fail to

expend all grant funds during the fiscal year in which they are awarded will

not be eligible to receive a state aid grant in the next fiscal year.

[4.5.2.9 NMAC - Rp, 4.5.2.8

NMAC, 7/1/2009; A, 6/15/2010]

 

4.5.2.10                 SOURCE OF FUNDS:  The state legislature is the sole source for

the state grants-in-aid to public libraries money.  The state library, in its appropriation

request to the New Mexico state legislature each year, shall request an amount

of money for the state aid program.

[4.5.2.10 NMAC - Rp, 4.5.2.15

NMAC, 7/1/2009; A, 6/15/2010]

 

4.5.2.11                 DISTRIBUTION OF FUNDS:  Money from the state aid program shall be

distributed in the following manner:

                A.            Notification: 

When the state library’s budget is finalized by the department of

cultural affairs, the state library shall calculate the grant award for each

library. The state library shall send a letter of notification to all eligible

public libraries informing them of their grant.

                B.            Request for payment: 

Each library shall submit a request for payment to the state library

requesting payment within 120 days of the letter of notification.  Upon receipt of the request for payment, the

state library shall process the invoice for payment.  If a library does not submit the request for

payment within the required time period, it shall relinquish the grant award

and the funds shall revert back to the state library’s budget.

                C.            Allocation: 

Eligible developing libraries shall receive a minimum grant of

$1,500.  The remaining funds shall be

divided equally among all eligible public libraries, branches and bookmobiles

according to the following formula: each public library shall receive one (1)

share in the allocation of funds; each branch or bookmobile shall receive

one-half (.5) share in the allocation of funds.

                D.            Maintenance of effort:  Library’s local budget shall not be reduced

by its governing body as a result of eligibility for the state aid

program.  Upon demonstrated evidence that

such a reduction has occurred, the library shall be ineligible to receive funds

from the library grants award for one year after the reduction has occurred.

[4.5.2.11 NMAC - Rp, 4.5.2.16

NMAC, 7/1/2009; A, 6/15/2010]

 

4.5.2.12                 LIMITATION ON FUNDS:

                A.            The amount received and distributed may vary each

year depending on the allocation of the state legislature.

                B.            The state library, in its sole discretion, may alter

the amount of the library grants if the state legislature allocates an amount

that is different than the state library request for the state aid program.

                C.            Funds shall be expended in the fiscal year in which

they are awarded.

[4.5.2.12 NMAC - Rp, 4.5.2.17

NMAC, 7/1/2009; A, 6/15/2010]

 

4.5.2.13                 ADMINISTRATION OF FUNDS:

                A.            The state library shall administer the state aid

program.

                B.            Awards to Indian nations and non-profit entities

shall be made by contract or agreement between the entity and the state

library.

[4.5.2.13 NMAC - Rp, 4.5.2.18

NMAC, 7/1/2009; A, 6/15/2010]

 

4.5.2.14                 APPEAL OR VARIANCE:

                A.            In the event that any library is denied a grant by

the state library or does not meet a requirement of this rule, that library may

appeal the decision of the state library or request a variance from the

requirement.

                B.            Such

appeal or variance shall be made in writing to the state librarian within

thirty (30) days of notification of denial of funds or within (30) days of

discovery of non-compliance with a requirement. 

The appeal or variance should state all facts and conditions relating to

the appeal or variance.

                C.            The

appeal or variance shall be considered and ruled upon by the state librarian

and a response shall be made within ninety (90) days in writing to the

appealing party.

[4.5.2.14 NMAC - N, 7/1/2009; A, 6/15/2010]

 

HISTORY OF 4.5.2 NMAC:

Pre-NMAC History:

NMSL 67-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, Revised April 19,

1967, filed 5/3/67.

NMSL 67-2, State

Grants-In-Aid To Public Libraries, Rules and Regulations, Amended August 28,

1967, filed 8/30/67.

NMSL 68-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, Amended August 28,

1967, filed 12/19/68.

NMSL 69-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, Revised May 26, 1969,

filed 6/20/69.

NMSL 69-2, State

Grants-In-Aid To Public Libraries, Rules and Regulations; Revised September 16,

1969, filed 10/9/69.

NMSL 70-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, Revised February 26,

1970, filed 4/27/70.

NMSL 73-4, State

Grants-In-Aid To Public Libraries, Rules and Regulations, June 1973, filed

7/10/73.

NMSL 74-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, July 19, 1974, filed

8/16/74.

NMSL 75-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, 1975, filed 6/9/75.

NMSL 76-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, March 31, 1976, filed

4/27/76.

NMSL 77-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, January 21, 1977,

filed 2/4/77.

NMSL Rule 79-1B, State

Grants-In-Aid To Public Libraries, Rules and Regulations, June 11, 1979, filed

6/25/79.

NMSL 79-3, State

Grants-In-Aid To Public Libraries, Rules and Regulations, July 1, 1979, filed

7/27/79.

NMSL 81-2, State

Grants-In-Aid To Public Libraries, Rules and Regulations, May 11, 1981, filed

5/12/81.

NMSL 89-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, filed 10/23/89.

NMSL 93-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations, filed 1/28/93.

 

History of Repealed Material:

NMSL 93-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations (filed 1/28/93),

repealed 7/1/2000.

4.5.2 NMAC, State

Grants-In-Aid To Public Libraries (filed 6/19/2000), repealed 7/1/2009.

 

Other History:

NMSL 93-1, State

Grants-In-Aid To Public Libraries, Rules and Regulations (filed 1/28/93) was

replaced by 4.5.2 NMAC, State Grants In Aid To Public Libraries, effective

7/1/2000.

4.5.2 NMAC, State Grants

In Aid To Public Libraries (filed 6/19/2000) was replaced by 4.5.2 NMAC, State

Grants In Aid To Public Libraries, effective 7/1/2009.