SB0264

SENATE BILL 264

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Gerald Ortiz y Pino

AN ACT

RELATING TO LIBRARIES; OUTLINING PROVISIONS EFFECTIVE ON THE PASSAGE OF A PROPOSED AMENDMENT TO THE CONSTITUTION OF NEW MEXICO TO SUPPORT THE PRESERVATION, DEVELOPMENT AND ESTABLISHMENT OF RURAL LIBRARIES THROUGHOUT THE STATE AND, IN LIEU OF THAT AMENDMENT, ALTERNATIVE PROVISIONS FOR THAT PURPOSE; CREATING THE RURAL LIBRARIES ENDOWMENT FUND AND THE RURAL LIBRARIES PROGRAM FUND; CREATING THE RURAL LIBRARIES GRANT PROGRAM; NAMING BENEFICIARIES OF THE RURAL LIBRARIES ENDOWMENT FUND PROPOSED FOR CREATION BY THAT CONSTITUTIONAL AMENDMENT; REPEALING THE RURAL LIBRARIES DEVELOPMENT ACT; MAKING APPROPRIATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] RURAL LIBRARIES ENDOWMENT FUND-- DISTRIBUTIONS.--

A. The "rural libraries endowment fund" is created

in the state treasury to support the preservation, development

and establishment of rural libraries throughout the state by

providing funding for rural libraries' operational and capital

needs and funding for the delivery of specialized services to rural libraries.

B. The rural libraries endowment fund consists of

appropriations and donations to the fund and all income from investment of the fund. The state investment officer shall

invest money in the fund as money in the fund described in

Article 12, Section 7 of the constitution of New Mexico is invested.

C. Distributions of money from the rural libraries endowment fund shall be:

(1) in the following gross amounts:

(a) for fiscal year 2022 and each of the following five fiscal years, the difference, if positive, between all fund investment income yielded through the immediately preceding calendar year and all fund distributions, up to five percent of the year-end market value of the fund for the immediately preceding calendar year; and

(b) for fiscal year 2028 and each subsequent fiscal year, the average of fund investment income yielded in the immediately preceding five calendar years, up to five percent of the year-end market value of the fund for the immediately preceding calendar year; and

(2) in the following proportions:

(a) ninety-five percent of the gross distribution to the rural libraries program fund for grants through the rural libraries grant program; and

(b) five percent of the gross distribution to the cultural affairs department for the state's delivery of specialized services to rural libraries."

SECTION 2. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] RURAL LIBRARIES GRANT PROGRAM--SPECIALIZED SERVICES.--

A. The "rural libraries grant program" is created. Through that program, the state librarian shall annually disburse, in the form of grants directly benefiting developing rural libraries and established rural libraries and grants for the establishment of developing rural libraries in cities, towns and villages without libraries, money from the rural libraries program fund. The state librarian shall endeavor each year to disburse the full amount available for rural libraries grants. The portion, if any, of that amount not disbursed shall be made available for the next award of grants.

B. The state librarian shall use money allocated for specialized services to rural libraries from the rural libraries endowment fund distribution to provide specialized services to rural libraries."

SECTION 3. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] RURAL LIBRARIES PROGRAM FUND CREATED.--The "rural libraries program fund" is created in the state treasury. The fund consists of distributions from the rural libraries endowment fund that are designated for the rural libraries grant program and appropriations, gifts, interest and other money attributed to the fund. Money in the fund shall not revert at the end of a fiscal year. Money in the fund may be appropriated by the legislature to carry out the provisions of Sections 1 through 4 of this 2019 act. Expenditures from the fund shall be made upon warrant of the secretary of finance and administration pursuant to vouchers signed by the state librarian or the state librarian's authorized representative."

SECTION 4. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in Sections 1 through 4 of this 2019 act, and to the extent allowed by law:

A. "developing rural library" means a rural library whose library staff, whether salaried or volunteer, is dedicated to delivering library services to the public for at least fifteen hours per week and on at least two days each week;

B. "established rural library" means a rural library:

(1) with permanent, salaried staff; and

(2) that offers library services to the public for at least twenty-five hours per week;

C. "rural library" means a library that is established:

(1) through an ordinance or legal resolution adopted by a political subdivision of the state and is located in a municipality with a population at the time of the library's establishment of three thousand or less or is located in an unincorporated area of the state;

(2) by a legal resolution of a tribal government in New Mexico and is located in a census designated place with a population at the time of the library's establishment of three thousand or less; or

(3) as a corporation with tax-exempt status pursuant to Section 501(c)(3) of the United States Internal Revenue Code of 1986 and is located in a municipality with a population at the time of the library's establishment of three thousand or less or is located in an unincorporated area of the state; and

D. "specialized services" means professional development opportunities, program support, information technology support and other capacity-building services, as defined by the state librarian."

SECTION 5. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--Sections 5 through 10 of this act may be cited as the "Rural Libraries Endowment Act"."

SECTION 6. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] PURPOSE.--The purpose of the Rural Libraries Endowment Act is to implement the amendment to the constitution of New Mexico creating an endowment to support the preservation, development and establishment of rural libraries throughout the state."

SECTION 7. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DEFINITIONS.--As used in the Rural Libraries Endowment Act:

B. "established rural library" means a rural library:

(1) with permanent, salaried staff; and

(2) that offers library services to the public for at least twenty-five hours per week;

C. "rural library" means a library that is established:

(2) by a legal resolution of a tribal government in New Mexico and is located in a census designated place with a population at the time of the library's establishment of three thousand or less; or

D. "specialized services" means professional development opportunities, program support, information technology support and other capacity-building services, as defined by the state librarian."

SECTION 8. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] RURAL LIBRARIES ENDOWMENT FUND BENEFICIARIES.--

A. The beneficiaries of the rural libraries endowment fund are:

(1) the Albert W. Thompson memorial library in Clayton;

(2) the Bayard public library in Bayard;

(3) the Capitan public library in Capitan;

(4) the Carrizozo community public library and archive in Carrizozo;

(5) the Columbus village library in Columbus;

(6) the Cuba public library in Cuba;

(7) the David Cargo library in Mora;

(8) the David F. Cargo library in Villanueva;

(9) the David F. Cargo El Valle de Anton Chico library in Anton Chico;

(10) the Eagle Nest public library in Eagle Nest;

(11) El Rito public library in El Rito;

(12) the Eleanor Daggett memorial library in Chama;

(13) the Embudo valley library and community center in Dixon;

(14) the Estancia public library in Estancia;

(15) the Eunice public library in Eunice;

(16) the Fort Sumner public library in Fort Sumner;

(17) the Fred Macaron library in Springer;

(18) the Gila valley library in Gila;

(19) the Glenwood community library in Glenwood;

(20) the Hatch public library in Hatch;

(21) the Irene S. Sweetkind public library in Cochiti Lake;

(22) the Jemez Springs public library in Jemez Springs;

(23) the Magdalena public library in Magdalena;

(24) the Michael Nivison public library in Cloudcroft;

(25) the Moise memorial library in Santa Rosa;

(26) the Moriarty community library in Moriarty;

(27) the Mountainair public library in Mountainair;

(28) the Placitas community library in Placitas;

(29) the pueblo de Abiquiu library and cultural center in Abiquiu;

(30) the Pueblo de Cochiti library in the Pueblo of Cochiti;

(31) the P'oe Tsawa community library in Ohkay Owingeh;

(32) the Pueblo of Pojoaque public library in the Pueblo of Pojoaque;

(33) the Pueblo of San Ildefonso library in the Pueblo of San Ildefonso;

(34) the Questa public library in Questa;

(35) the Red River public library in Red River;

(36) the Reserve public library in Reserve;

(37) the Rio Abajo community library in La Joya;

(38) the Sandia Pueblo learning resource center in the Pueblo of Sandia;

(39) the Santa Clara Pueblo community library in the Pueblo of Santa Clara;

(40) the Shuter library of Angel Fire in Angel Fire;

(41) the Talpa community center library in Ranchos de Taos;

(42) the Tatum community library in Tatum;

(43) the Taytsugeh Oweengeh library in the Pueblo of Tesuque;

(44) the Torreon community library in the Torreon-Star Lake Chapter of the Navajo Nation;

(45) the Truchas community library in Truchas;

(46) the Tularosa public library in Tularosa;

(47) the Vallecitos community center and library in Vallecitos;

(48) the village of Corona public library in Corona;

(49) the Vista Grande public library in Eldorado; and

(50) the Zia enrichment library in the Pueblo of Zia.

B. A beneficiary listed in Subsection A of this section shall annually certify to the state librarian that it qualifies for a distribution from the rural libraries endowment fund. The state librarian shall require that funds distributed to a rural library pursuant to this section be subject to appropriate reporting and auditing requirements.

C. Money distributed from the rural libraries endowment fund for distribution to the beneficiaries of the rural libraries endowment fund shall be distributed by the state librarian to each beneficiary listed in Subsection A of this section that has made the certification required pursuant to Subsection B of this section, in an equal amount to each beneficiary."

SECTION 9. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] RURAL LIBRARIES GRANT PROGRAM--SPECIALIZED SERVICES.--

A. The "rural libraries grant program" is created. Through that program, the state librarian shall annually disburse, in the form of grants to developing rural libraries and established rural libraries and grants for the establishment of developing rural libraries in cities, towns and villages without libraries, money from the rural libraries program fund. A beneficiary of the rural libraries endowment fund is ineligible for a rural libraries grant. The state librarian shall endeavor each year to disburse the full amount available for rural libraries endowment fund grants. The portion, if any, of that amount not disbursed shall be made available for the next award of grants.

B. The state librarian shall use money allocated for specialized services to rural libraries from the rural libraries endowment fund distribution to provide specialized services to rural libraries."

SECTION 10. A new section of Chapter 18 NMSA 1978 is enacted to read:

"[NEW MATERIAL] RURAL LIBRARIES PROGRAM FUND CREATED.--The "rural libraries program fund" is created in the state treasury. The fund consists of distributions from the rural libraries endowment fund that are designated for the rural libraries grant program and appropriations, gifts, interest and other money attributed to the fund. Money in the fund shall not revert at the end of a fiscal year. Money in the fund may be appropriated by the legislature to carry out the Rural Libraries Endowment Act. Expenditures from the fund shall be made upon warrant of the secretary of finance and administration pursuant to vouchers signed by the state librarian or the state librarian's authorized representative."

SECTION 11. Section 6-8-1 NMSA 1978 (being Laws 1957, Chapter 179, Section 1, as amended) is amended to read:

"6-8-1. DEFINITIONS.--As used in Chapter 6, Article 8 NMSA 1978:

A. "council" means the state investment council;

B. "department" means the department of finance and administration;

C. "land grant permanent funds" means the permanent school fund established [pursuant to the provisions of] by Article 12, Section 2 of the constitution of New Mexico and all other permanent funds derived from lands granted or confirmed to the state by the act of congress of June 20, 1910, entitled "An Act To enable the people of New Mexico to form a constitution and state government and be admitted into the Union on an equal footing with the original States...";

D. "permanent funds" means the land grant permanent funds, rural libraries endowment fund, severance tax permanent fund, tobacco settlement permanent fund and water trust fund;

E. "secretary" means the secretary of finance and administration;

F. "severance tax permanent fund" means the fund established [pursuant to the provisions of] by Article 8, Section 10 of the constitution of New Mexico;

G. "tobacco settlement permanent fund" means the fund established [pursuant to the provisions of] by Section 6-4-9 NMSA 1978; and

H. "water trust fund" means the fund established [pursuant to the provisions of] by Article 16, Section 6 of the constitution of New Mexico."

SECTION 12. APPROPRIATION--FUND TRANSFER.--

A. Fifty million dollars ($50,000,000) is appropriated from the general fund to the rural libraries endowment fund in fiscal year 2020 to endow the rural libraries endowment fund. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to any other fund.

B. On July 1, 2019, the balance in the rural library development fund is transferred to the rural libraries endowment fund.

SECTION 13. REPEAL.--Sections 18-15-1 through 18-15-4 NMSA 1978 (being Laws 2007, Chapter 83, Sections 1 through 4) are repealed.

SECTION 14. DELAYED REPEAL--REPLACEMENT AND TRANSFER OF FUND.--

A. Sections 1 through 4 of this act are repealed upon the effective date of Sections 5 through 10 of this act.

B. The fund created by Section 1 of this act is replaced by the constitutionally created rural libraries endowment fund, and money in the repealed fund shall be transferred to the constitutional fund.

SECTION 15. EFFECTIVE DATE--CONTINGENT EFFECTIVE DATE.--

A. The effective date of the provisions of Sections 1 through 4 and 11 through 13 of this act is July 1, 2019.

B. The effective date of the provisions of Sections 5 through 10 and 14 of this act is the date the secretary of state certifies that the constitution of New Mexico has been amended as proposed by a joint resolution of the fifty-fourth legislature, first session, entitled "PROPOSING TO AMEND THE CONSTITUTION OF NEW MEXICO BY CREATING AN ENDOWMENT TO SUPPORT THE PRESERVATION, DEVELOPMENT AND ESTABLISHMENT OF RURAL LIBRARIES THROUGHOUT THE STATE".

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