SENATE FLOOR SUBSTITUTE FOR
SENATE BILL 264
54th legislature - STATE OF NEW MEXICO - first session, 2019
AN ACT
RELATING TO LIBRARIES; SUPPORTING THE PRESERVATION, DEVELOPMENT AND ESTABLISHMENT OF RURAL LIBRARIES THROUGHOUT THE STATE; CREATING THE RURAL LIBRARIES ENDOWMENT FUND AND THE RURAL LIBRARIES PROGRAM FUND; CREATING THE RURAL LIBRARIES GRANT PROGRAM; 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. 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 6. TEMPORARY PROVISION--FUND TRANSFER.--On July 1, 2019, the balance in the rural library development fund is transferred to the rural libraries endowment fund.
SECTION 7. REPEAL.--Sections 18-15-1 through 18-15-4 NMSA 1978 (being Laws 2007, Chapter 83, Sections 1 through 4) are repealed.
SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.
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