FUNDS TO PUBLIC LIBRARIES                    ISSUING AGENCY:  Cultural Affairs Department - State Library Division.

[ NMAC - N, 2/14/2008]                    SCOPE:  Local public libraries.

[ NMAC - N, 2/14/2008]                    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.

[ NMAC - N, 2/14/2008]                    DURATION:  Permanent.

[ NMAC - N, 2/14/2008]                    EFFECTIVE DATE:  February 14, 2008 unless a later date is cited at the end of a section.

[ NMAC - N, 2/14/2008]                    OBJECTIVE:  The objective of this rule is to describe the state of New Mexico general obligation bond funds distribution to public libraries program (hereinafter “the library bond program”) and to establish criteria and procedures for distribution of the funds.  The purpose of the library bond program is to provide supplemental funds for library resources when such funds are approved by the legislature and the voters in statewide elections.  The library bond program funds library resources and equipment for public libraries statewide, including the rural library services of the state library.

[ NMAC - N, 2/14/2008]                    DEFINITIONS:

                A.            “Annual report” means the report required annually by the state library from a public library.

                B.            “Authorized expenditure period” means the period from when a purchase order is approved by the cultural affairs department until ninety (90) days prior to the ending date specified in the authorizing legislation.

                C.            “Basic public library services” means services provided by a local public library that include circulating library collections, basic reference service, and educational programs.

                D.            “Equipment” means computers, software and related peripherals; servers; thin client terminals; networks, including wireless networks; telecommunications; automation systems; and other equipment used to assist in meeting the information needs of a library’s clients.

                E.             “Fiscal year” means July 1 through June 30.

                F.             “Legal service area” means the geographic area for which a public library has been established to offer services and from which the library derives income.  This includes the entire service area of the local public library or library system and does not include merely the general service area of any one branch.  The most recent U.S. 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.  If this is not possible, the state library in its sole discretion shall determine the population for the library’s legal service area.

                G.            “Library resources” means library holdings intended for public use and the tools required to make the resources usable by the public.  Library resources can include books, videos, DVDs, sound recordings, electronic and digital media, and information materials accessed via the internet.

                H.            “Library system” means the agency that is legally established to provide public library service to the legal service area population.  A library system may have a single outlet or more than one outlet.

                I.              “Local funding authority” means local or sovereign governments recognized by the department of finance and administration.

                J.             “Local public library” means a New Mexico organization that offers basic public library services within its legal service area and is open to the public at least fifteen (15) hours per week and a minimum of two  (2) days each week.

                K.            “Rural library services” means those services provided by the state library to persons in the state who do not have access to a local public library.  These services include bookmobiles and the books-by-mail service.

                L.            “Supplemental funds” means funds that are provided from sources other than the regular library budget derived from the local funding authority.  Supplemental funds are not intended to replace any part, or all, of the library’s regular budget.

[ NMAC - N, 2/14/2008]                    DISTRIBUTION OF FUNDS:  Money from the library bond program shall be distributed in the following manner:

                A.            Notification:  When the library bond program funds are approved by the voters, the state library shall send a letter of notification and acceptance agreement to all public libraries informing them of their eligibility to receive the funds and the amount of funds they are eligible to receive.  The agreement must be signed and returned to the state library one-hundred twenty (120) days before the start of the authorized expenditure period. Libraries that do not return the signed agreement within the required time period shall not be eligible to receive funds.  Upon receipt of the agreements, the state library shall calculate the final allocation and the libraries shall be notified of any changes within ninety (90) days before the authorized expenditure period.

                B.            Allocation:  The amount allocated to eligible public libraries is dependant upon the amount of bond funds approved by the state legislature and approved by the voters in a bond election. The state library may publish and make publicly available a list showing the bond fund allocations for each eligible library.

                C.            Criteria for allocation of funds:  The state librarian shall establish the amount of funds to be allocated to each eligible library system using the following criteria.

                    (1)     Library shall be a local public library.

                    (2)     Library shall have filed an approved annual report with the state library.

                    (3)     Library shall return a signed agreement accepting the funds and agreeing to abide by the terms and conditions of this rule.

                    (4)     Non-profit libraries shall have an agreement with a local funding authority to act as their fiscal agent for these funds.

                    (5)     The library’s and the local funding authority’s accounting records shall be sufficient to document expenditures of library bond program money.  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)     County population and the library’s legal service area shall be used to determine the amount of library bond program funds that shall be allocated to each eligible library.

                D.            Distribution of funds:  Money from the library bond program funds shall be distributed in the following order:

                    (1)     library system allocation:  each eligible local public library system, including rural library services facilities, shall receive a fixed allocation dependent upon the total library bond funds available;

                    (2)     per capita allocation:  remaining library bond funds shall be distributed to each county on a per capita basis using the latest U. S. census bureau estimates, as follows:  (a) each library shall receive funds based upon the legal service area population and proportional credit for the unassigned population in each county; and, (b) local public libraries that are the only local public library in their county shall receive the entire per capita allocation for the county.

                E.             Maintenance of effort:

                    (1)    Library’s book or materials budget shall not be reduced by the local funding authority as a result of eligibility for library bond program funds.

                    (2)    Upon demonstrated evidence that such a reduction has occurred, the library shall be ineligible to receive funds in the next library bond program.

[ NMAC - N, 2/14/2008]                    SOURCE OF FUNDS: The state legislature is the sole authority for authorizing bond funding to support acquisition of library resources and equipment, including authorizing the placement of general obligation bonds on an election ballot.  These library bond program funds must be approved by the voters before they are made available to libraries.

[ NMAC - N, 2/14/2008]                 LIMITATION ON FUNDS:

                A.            Library bond program funds may be approved by the state legislature only during legislative sessions convened in even numbered years.  The amount of bond funds received for distribution by the state library may vary depending on the amounts approved by the state legislature and subsequently approved by the voters.

                B.            Notwithstanding language elsewhere in this rule, the state library may, in its sole discretion, alter the distribution amounts to reflect the actual amount of approved bond funds.

                C.            Funds shall be expended in the fiscal year in which they are made available, unless otherwise stated in the authorizing legislation.

[ NMAC - N, 2/14/2008]                 ADMINISTRATION OF FUNDS:

                A.            The state library shall administer the library bond program.

                B.            Allocated funds shall be sent on a reimbursement basis from the state library by check or electronic fund transfers to the library or local funding authority.  Libraries must submit a reimbursement request form and expenditure documentation receipts for eligible expenditures prior to being reimbursed.  Upon verification of the expenditure documentation receipts, the state library shall approve reimbursement.

                C.            Reimbursements shall be submitted in the fiscal year in which the funds were expended.

                D.            All requests for reimbursement shall be submitted within the authorized expenditure period.

[ NMAC - N, 2/14/2008]                 APPEALS:

                A.            In the event that library bond program funds are denied to a local library under the provisions of Subsection E of NMAC, an appeal may be made by the local library or the local funding authority.

                B.            Such appeal shall be made in writing to the state librarian within ten (10) days of notification of denial of funds. The appeal should state all facts and conditions relating to the appeal.

                C.            The appeal shall be considered and ruled upon by the state library commission at its next regularly scheduled meeting.

[ NMAC - N, 2/14/2008]