44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO PUBLIC LIBRARIES; ENABLING COUNTIES AND MUNICIPALITIES TO CONTRACT AND ENTER INTO JOINT POWERS AGREEMENTS WITH OTHER COUNTIES, MUNICIPALITIES, LOCAL SCHOOL BOARDS, POST-SECONDARY EDUCATIONAL INSTITUTIONS AND THE LIBRARY DIVISION OF THE OFFICE OF CULTURAL AFFAIRS FOR THE FURNISHING OF LIBRARY SERVICES; AMENDING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 3-18-14 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-17-12, as amended) is amended to read:

"3-18-14. MUNICIPAL LIBRARIES--ESTABLISHMENT--CONTRACT SERVICES--STATE PUBLICATIONS--GIFTS AND BEQUESTS.--

A. A municipality may establish and maintain a free public library under proper regulation and may receive, hold and dispose of [any] a gift, donation, devise or bequest that is made to the municipality for the purpose of establishing, increasing or improving the library. The governing body may apply the use, profit, proceeds, interests and rents accruing from [any] such property in any manner that will best improve the library and its use.

B. After a public library is established, the secretary of state shall furnish to the public library a copy of any work subsequently published under his authority.

C. [Any] A municipality establishing a public library may [contract with the county, adjoining counties or] enter into contracts and joint powers agreements with other municipalities, counties, local school boards, post-secondary educational institutions and the library division of the office of cultural affairs for the furnishing of library services. In the interest of establishing a county or regional library, a municipality may convey its library facilities to the county as part of a contract for furnishing library services to the inhabitants of the municipality by the county or regional library."

Section 2. Section 4-36-2 NMSA 1978 (being Laws 1965, Chapter 87, Section 3, as amended) is amended to read:

"4-36-2. [CONTRACT WITH OTHER COUNTIES] COUNTY LIBRARIES--ESTABLISHMENT--CONTRACT SERVICES--GIFTS AND BEQUESTS.--

A. A county may [(1) contract with one or more counties and with the library division of the office of cultural affairs for the furnishing of library services;

(2) contract for the establishment of a regional library serving more than one county; and

(3) appropriate money for the support of a regional library or library services.

B. Any regional library so established must first be approved by the state librarian] establish and maintain a free public library under proper regulation and may receive, hold and dispose of a gift, donation, devise or bequest that is made to the county for the purpose of establishing, increasing or improving the library. The governing body may apply the use, profit, proceeds, interest and rents accruing from such property in any manner that will best improve the library and its use.

B. A county establishing a public library may enter into contracts and joint powers agreements with other counties, municipalities, local school boards, post-secondary educational institutions and the library division of the office of cultural affairs for the furnishing of regional library services."