reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 6 - LIBRARY SERVICES CONSTRUCTION ACT TITLE II › Section 4.5.6.9 - PRIORITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The following priorities will be considered in ranking
				  applications:
A. remodeling existing
				library facilities in order to make them accessible to the
				handicapped;
B. renovation or
				remodeling to accomodate new technologies;
C. incorporation of energy conservation
				measures into building design;
D.
				engaging a qualified architect to work with the public library staff in
				designing new or remodeled library facilities;
E. construction which will result in
				significant improvement in library services.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 6 - LIBRARY SERVICES CONSTRUCTION ACT TITLE II › Section 4.5.6.10 - DISTRIBUTION OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				These grants are competitive.
B.
				Projects will be selected for funding according to the above
				priorities.
C. Grants will be
				awarded based on information supplied at the time of application.
D. The library must agree to enter into a
				formal contract with the state library.
E. The library must agree to comply with all
				federal regulations for LSCA assisted projects.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 6 - LIBRARY SERVICES CONSTRUCTION ACT TITLE II › Section 4.5.6.11 - APPEAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
Libraries wishing to appeal a decision have an opportunity
				  for a hearing before the state library, under provisions of NMSL Rule 85-1 [now
				  4.5.1 NMAC].
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 7 - REQUIREMENTS GOVERNING CONDUCT OF AND USE BY PATRONS AT THE NEW MEXICO STATE LIBRARY › Section 4.5.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Cultural Affairs - New Mexico State Library
				  Division.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 7 - REQUIREMENTS GOVERNING CONDUCT OF AND USE BY PATRONS AT THE NEW MEXICO STATE LIBRARY › Section 4.5.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Individuals using the resources and facilities of the New
				  Mexico state library.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 7 - REQUIREMENTS GOVERNING CONDUCT OF AND USE BY PATRONS AT THE NEW MEXICO STATE LIBRARY › Section 4.5.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  18-2-4
				  NMSA 1978.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 7 - REQUIREMENTS GOVERNING CONDUCT OF AND USE BY PATRONS AT THE NEW MEXICO STATE LIBRARY › Section 4.5.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2017, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 7 - REQUIREMENTS GOVERNING CONDUCT OF AND USE BY PATRONS AT THE NEW MEXICO STATE LIBRARY › Section 4.5.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish requirements to
				  maintain an environment that aids in the acquisition of knowledge through
				  reading, writing, and quiet contemplation by the individuals using the
				  resources and facilities of the New Mexico state library.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 7 - REQUIREMENTS GOVERNING CONDUCT OF AND USE BY PATRONS AT THE NEW MEXICO STATE LIBRARY › Section 4.5.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the department of cultural affairs.
B. "Responsible caregiver" means a person
				over the age of 13 whom a parent or guardian designates as a caregiver for
				their child in the state library.
C. "State library" means the areas of the
				Gary Carruthers building located at 1209 Camino Carlos Rey, Santa Fe, NM
				87507-5166, to which library patrons have access and for which the state
				library division of the department of cultural affairs has an agreement with
				the property control division of the general services department, which
				includes the administration area, the main library, the southwest room, and the
				library for the blind and physically handicapped, but does not include the
				building lobby and other areas outside the library facility.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 7 - REQUIREMENTS GOVERNING CONDUCT OF AND USE BY PATRONS AT THE NEW MEXICO STATE LIBRARY › Section 4.5.7.9 - VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Library employees may require any patron not abiding by this
				  rule to leave the premises. If necessary, the library employee may contact the
				  police or other law enforcement officer to remove a person who does not adhere
				  to a library employee's directions to leave the building. The state librarian
				  or designated staff person may deny access to any patron who violates this rule
				  for periods of time proportionate to the severity and frequency of the
				  violation. Failure to comply with this rule or a notice restricting access to
				  the library may result in more lengthy restrictions or termination of library
				  privileges, or issuance of a restraining order or a no trespass order, as
				  provided in Section
				  30-14-1 NMSA
				  1978. A violation of law may also result in arrest and prosecution. Any patron
				  who is denied or restricted access to the library may request in writing,
				  within ten days of denial or restriction of access, that the state librarian
				  reconsider the decision. The state librarian shall respond in writing to the
				  request within 30 days. The state librarian's decision is the department's
				  final action on the matter.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 7 - REQUIREMENTS GOVERNING CONDUCT OF AND USE BY PATRONS AT THE NEW MEXICO STATE LIBRARY › Section 4.5.7.10 - REPORTING VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Patrons should immediately report any violations of these
				  rules to a library staff member. The state librarian may request that the
				  patron leave the library premises and an incident report of the violation will
				  be completed by the library staff and provided to library
				  management.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 7 - REQUIREMENTS GOVERNING CONDUCT OF AND USE BY PATRONS AT THE NEW MEXICO STATE LIBRARY › Section 4.5.7.11 - VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any patron not abiding by these rules of conduct may be asked
				  to leave the state library premises. If necessary, the library employees shall
				  contact the police or other law enforcement officer. Any patron who is found to
				  have violated these rules more than three times shall be denied the access to
				  the state library for a period of sixty (60) days by the state librarian or
				  designated staff person. Any patron who is denied access to the library for the
				  blind and physically handicapped of the state library may request the decision
				  be reviewed or reconsidered by the state librarian.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 8 - DISTRIBUTION OF GENERAL OBLIGATION STATE OF NEW MEXICO BOND FUNDS TO PUBLIC LIBRARIES › Section 4.5.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 8 - DISTRIBUTION OF GENERAL OBLIGATION STATE OF NEW MEXICO BOND FUNDS TO PUBLIC LIBRARIES › Section 4.5.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2008 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 8 - DISTRIBUTION OF GENERAL OBLIGATION STATE OF NEW MEXICO BOND FUNDS TO PUBLIC LIBRARIES › Section 4.5.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 8 - DISTRIBUTION OF GENERAL OBLIGATION STATE OF NEW MEXICO BOND FUNDS TO PUBLIC LIBRARIES › Section 4.5.8.8 - DISTRIBUTION OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 8 - DISTRIBUTION OF GENERAL OBLIGATION STATE OF NEW MEXICO BOND FUNDS TO PUBLIC LIBRARIES › Section 4.5.8.9 - SOURCE OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 8 - DISTRIBUTION OF GENERAL OBLIGATION STATE OF NEW MEXICO BOND FUNDS TO PUBLIC LIBRARIES › Section 4.5.8.10 - LIMITATION ON FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 8 - DISTRIBUTION OF GENERAL OBLIGATION STATE OF NEW MEXICO BOND FUNDS TO PUBLIC LIBRARIES › Section 4.5.8.11 - ADMINISTRATION OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 8 - DISTRIBUTION OF GENERAL OBLIGATION STATE OF NEW MEXICO BOND FUNDS TO PUBLIC LIBRARIES › Section 4.5.8.12 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the event
				that library bond program funds are denied to a local library under the
				provisions of Subsection E of 4.5.8.8 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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to describe the special grants
				  program. The special grants program shall provide supplemental assistance to
				  libraries for activities that are not funded by state grants in aid or are not
				  fully funded by state grants in aid and encourage local library service and
				  promote an effective statewide library system.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Developing
				library" has the same meaning as in 4.5.2 NMAC.
B. "Grant recipient" means a public library
				or developing library that the state librarian selects to receive a special
				grant.
C. "Public library" has the
				same meaning as in 4.5.2 NMAC.
D.
				"Special grants" means funds awarded by the state librarian for special library
				programs.
E. "Special library
				program" means an activity that is not funded by state grants-in-aid or is not
				fully funded by state grants-in aid and that encourages local library service
				and enhances the effectiveness of a statewide library system.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.9 - GRANT AVAILABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
The state library shall offer special grants when the state
				  librarian identifies the need for state-wide coordination of a special library
				  program and determines that sufficient federal or state funds are
				  available.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.10 - FUNDING SOURCE

Current through Register Vol. 35, No. 13, July 16, 2024
Special grants may be funded with federal funds, state funds,
				  and any other funds available to the state librarian and not otherwise
				  restricted. Use of state funds for special grants shall not reduce state
				  grants-in-aid.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.11 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Public libraries and developing libraries that are eligible
				  for state grants-in-aid in a given fiscal year are also eligible for special
				  grants, unless the grant guidelines provide otherwise.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.12 - GRANT GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
When the state librarian identifies the need for state-wide
				  coordination of a special library program and determines that sufficient
				  funding is available, the state librarian shall issue a special grant
				  announcement to all developing libraries and public libraries with grant
				  guidelines. The grant guidelines shall include the following components:
A. Description of the special library
				program;
B. Grant
				application;
C. Application
				timeline;
D. Special library
				program's budget-planning worksheet;
E. Applicable rules and regulations;
				and
F. Selection
				criteria.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.13 - SELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A committee selected by the state librarian shall review
				  special grant applications and award special grants based on the selection
				  criteria specified in the grant guidelines.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.14 - TRANSFER OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
Special grants shall only transfer to the grant recipient
				  after the grant recipient signs a contract, agreeing to the terms applicable to
				  the applicable special library program.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.15 - ACCOUNTABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Grant recipients
				shall account for special grants separately from other funds.
B. If a special grant includes federal funds,
				federal requirements for procurement and record retention shall
				apply.
C. The state library shall
				monitor special library programs.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 9 - SPECIAL GRANTS TO PUBLIC LIBRARIES › Section 4.5.9.16 - MAINTAINANCE OF EFFORT

Current through Register Vol. 35, No. 13, July 16, 2024
A grant recipient's governing body shall not reduce the grant
				  recipient's budget as a result of the grant recipient's receipt of a special
				  grant. Upon demonstrated evidence that such a reduction has occurred, the grant
				  recipient shall be ineligible to receive special grants or state grants-in-aid
				  for one year after the reduction occurs.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Rural established public and tribal libraries, rural
				  developing public and tribal libraries, and rural public and tribal libraries
				  to be established.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 18 -18-1, NMSA 1978 (2019) establishes the rural
				  libraries endowment fund established 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.
				  Subsection A of Section
				  18-18-2,
				  NMSA 1978 directs the state librarian to provide 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. Section
				  18-18-2
				  further directs the state librarian to use money allocated for specialized
				  services to rural libraries from the rural libraries endowment fund to provide
				  specialized services to rural libraries. Subsection D of Section
				  18-18-4,
				  NMSA 1978 (2019) defines specialized services as professional development
				  opportunities, program support, information technology support and other
				  capacity building services, as defined by the state librarian.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to carry out the provisions of
				  the rural library endowment grant programs. The rural library endowment grant
				  programs shall assist in the establishment of libraries in rural cities, towns
				  and villages without libraries and provide financial assistance to established
				  and developing rural libraries, for the purpose of creating effective local
				  libraries, and promoting collaborative rural library services amongst rural
				  libraries.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Annual report"
has the same meaning as in 4.5.2 NMAC.
B.
"Basic library services"
has
				the same meaning as in 4.5.2 NMAC.
C.
"Developing rural library"
has the same meaning as in Section
				18-18-4,
				NMSA 1978 (2019).
D.
"Established rural library"
has the same meaning as in Section
				18-18-4,
				NMSA 1978 (2019).
E.
"Fiscal
				year"
means July 1 through June 30.
F.
"Grant recipient"
means a
				public library or developing library that the state librarian selects to
				receive a rural library program grant.
G.
"Local funding authority"
has
				the same meaning as in 4.5.8 NMAC
H.
"Public library"
has the same
				meaning as in 4.5.2 NMAC
I.
"Rural library"
has the same meaning as in Section
				18-18-4,
				NMSA 1978 (2019).
J.
"Rural
				libraries program grant"
means grants directly benefiting developing
				rural libraries and established rural libraries. Rural library program grants
				include grants for developing and established rural libraries and grants for
				establishing rural libraries. Rural library program grants for the
				establishment of a developing rural library are grants given to a local funding
				authority, Indian Nation or non profit corporation in order to assist in the
				establishment of a developing rural library.
K.
"Specialized services"
means
				professional development opportunities, program support, information technology
				support and other capacity-building services, as defined by the state
				librarian.
L.
"Specialized
				Services Allocation"
means rural endowment funds allocated for the
				purpose of professional development opportunities, program support, information
				technology support and other capacity-building services, as defined by the
				state librarian.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.8 - GRANT AVAILABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Funds are available annually in the form of grants directly
				  benefiting developing rural libraries, established rural libraries and grants
				  for the establishment of developing rural libraries in cities, towns and
				  villages without libraries.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.9 - FUNDING SOURCE

Current through Register Vol. 35, No. 13, July 16, 2024
Rural library program grants and specialized services program
				  grants for rural libraries shall be funded from the rural library endowment
				  fund in accordance with Section
				  18-18-1
				  NMSA 1978.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.10 - RURAL LIBRARIES ENDOWMENT FUND

Current through Register Vol. 35, No. 13, July 16, 2024
A. PURPOSE: The rural library endowment fund
				is for the purpose of preservation, development and establishment of rural
				libraries' operational and capital needs.
B. DESCRIPTION. The rural library program
				grant funds shall be used for library collections, library staff salaries,
				library staff training, library equipment, or other operational or capital
				expenditures associated with delivery of basic library services to rural
				libraries. Specialized services program funds shall be used for the delivery of
				specialized services to rural libraries.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.11 - LIMITATION ON FUNDING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Grant amounts may vary by year and are dependent upon the amount of the gross
				distribution to the state library. The annual gross distribution is determined
				in accordance with the provisions of Subsection C of Section
				18-18-1,
				NMSA 1978 (2019).
B. Public and
				developing libraries shall expend all grant funds during the fiscal year in
				which they are awarded.
C. Should a
				library cease providing basic library services prior to or within thirty days
				of funding; grant funds shall revert to the state library and be re-allocated
				to other rural libraries.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.12 - GRANTS FOR ESTABLISHING DEVELOPING RURAL LIBRARIES

Current through Register Vol. 35, No. 13, July 16, 2024
If sufficient funding is available to offer grants to
				  establish developing rural libraries, the state librarian shall issue an
				  official grant for establishing developing rural libraries announcement and a
				  rural libraries program grant announcement and provide grant guidelines.
A. PURPOSE. Grants for establishing
				developing rural libraries are grants to assist in the establishment of public
				or tribal rural libraries in cities, towns and villages without
				libraries.
B. GUIDELINES. The grant
				guidelines for establishing rural developing libraries shall be established by
				the state librarian and include the following considerations:
(1) Description of the grants for
				establishing developing rural libraries grant program;
(2) Eligibility factors for the
				Program;
(3) Grant application for
				interested applicants;
(4) Grant
				Application deadlines;
(5)
				Applicable rules and regulations; and
(6) Selection criteria for grant award
				recipients.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.13 - GRANTS FOR DEVELOPING RURAL LIBRARIES AND ESTABLISHED RURAL LIBRARIES

Current through Register Vol. 35, No. 13, July 16, 2024
Grants for developing rural libraries and established rural
				  libraries under the rural libraries grant program shall be those grants awarded
				  pursuant to Subsection A of Section
				  18-18-2
				  NMSA 1978. When sufficient funding is available, as determined by the state
				  librarian, to offer rural library program grants under this section, the state
				  librarian shall issue an official rural library program grant announcement and
				  provide the grant guidelines.
A.
				CRITERIA FOR AWARDING GRANTS FOR DEVELOPING LIBRARIES UNDER THE RURAL LIBRARY
				GRANT PROGRAM: Receipt of a rural libraries program grant under this section
				shall not exclude eligibility for an award under the state grants in aid grant
				program established in 4.5.2 NMAC. The state library shall award developing
				rural libraries a grant where the developing rural library has met, or
				exceeded, the following criteria:
(1) timely
				submission of an annual report to the state library;
(2) continuous operation for at least nine
				months;
(3) maintenance of adequate
				financial and other records to support the library's eligibility for receiving
				library grants; the state library may audit such records annually, or as
				needed, as determined in the state library's sole discretion;
(4) compliance with all state statutes and
				rules;
(5) compliance with
				requirements for developing rural library grants;
(6) employment of a designated
				director;
(7) creation of a library
				board that meets at least two times a year and adheres to the state's open
				meetings law;
(8) successful
				expenditure of all developing rural library grant funds during the prior fiscal
				year, if applicable.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.14 - AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Rural library program grants shall only transfer to the grant
				  recipient after the grant recipient executes an agreement containing the terms
				  required of award recipients.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.15 - REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Recipients of a grant for establishing a developing rural library under the
				rural library grant program shall report expenditures as requested by the state
				librarian and/or required under the recipients contractual agreement.
B. Recipients of a rural libraries program
				grant shall ensure that received funds are accounted for separately from other
				state funds on the annual report and in accordance with the recipient's
				agreement.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 5 - STATE LIBRARY › Part 10 - RURAL LIBRARIES ENDOWMENT GRANTS › Section 4.5.10.16 - APPEAL OR WAIVER

Current through Register Vol. 35, No. 13, July 16, 2024
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 10 days of notification of denial of
				funds or within 10 days of discovery of non-compliance with a requirement. The
				appeal or variance shall state all relevant facts and conditions.
C. The state librarian shall consider each
				appeal or request for variance and respond in writing to the appealing or
				requesting party with a decision within 30 days. The state librarian shall
				consider the recommendation of the Commission for matters on appeal. The state
				librarian's decision is the department of cultural affairs' final action on the
				matter.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The historic preservation division, the state historic
				  preservation officer, cultural properties review committee, owners of property
				  listed in the state register of cultural properties or the national register of
				  historic places who apply and/or are interested in participating in the loan
				  fund, lending institutions and federal agencies or non-profit organizations
				  with funds available for making loans to owners of registered historic
				  properties. These regulations have been promulgated primarily to govern
				  projects jointly funded by the state historic preservation division through its
				  loan fund and lending institutions such as commercial banks, savings and loans,
				  and credit unions. Entities other than lending institutions, e.g., non-profit
				  organizations, may also contribute funding to the rehabilitation, restoration,
				  or repair of registered cultural property.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The Historic Preservation Loan Act, Section
				  18-6-21,
				  authorizes the historic preservation division to administer the historic
				  preservation loan fund and establish a program to contract with one or more
				  lending institutions for deposits to be used for the purpose of making or
				  subsidizing loans, and Section 18-6-22(B) and (C) direct the division to adopt
				  rules and regulations governing the application procedures, requirements for
				  making or subsidizing loans, and the deposits with lending institutions for
				  making loans or loan subsidies under the act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 16, 1997, unless a later date is cited at the end of a
				  section or paragraph.
The words or paragraph, above, are no longer applicable.
					 Later dates are now cited only at the end of sections, in the history notes
					 appearing in brackets.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 10 is to establish
				  regulations and describe the procedures for loans and loan subsidies made to
				  property owners for the repair, rehabilitation, restoration and preservation of
				  registered cultural properties. The regulations describe the eligibility
				  requirements for property owners and their property for loans or loan
				  subsidies. The regulations describe the procedures that are followed and the
				  documentation required and entered into by the state of New Mexico, historic
				  preservation division and lending institutions or other entities that
				  participate in the loan, and property owners, including descriptions of the
				  preliminary loan application, the loan participation agreement, and the
				  development agreement and preservation covenants and deed restrictions. The
				  regulations also describe the terms and conditions contained in the required
				  documentation and agreements entered into between the division, lending
				  institution or other entity, and the borrower.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Acquisition"
				means the acquiring of a fee simple interest or of a lesser interest by
				appropriate mechanism, including but not limited to easement or lease, in a
				prehistoric or historic site.
B.
				"Development agreement and preservation covenants and deed restrictions" means
				the agreement entered into between the division and the property
				owner/borrower.
C. "Committee" or
				"CPRC" means the cultural properties review committee created pursuant to the
				Cultural Properties Act, Section
				18-6-4
				NMSA 1978
D. "Division" means the
				historic preservation division of the New Mexico office of cultural
				affairs.
E. "Historic preservation
				loan fund" or "HPL fund" means the revolving loan fund established by Section
				18-6-21(A) of the Historic Preservation Loan Act, consisting of funds
				appropriated by the legislature of the state of New Mexico, funds available
				from federal agencies, non-profit organizations, and private funds made
				available for purposes of the Historic Preservation Loan Act and receipts from
				the repayment of loans or loan subsidies made pursuant to the Historic
				Preservation Loan Act.
F. "HPL
				contributions" means the amount of funds from the historic preservation loan
				fund deposited into the loan pool.
G. "Lending institution" means a commercial
				bank, savings and loan, or credit union.
H. "Loan pool" means an account established
				and administered by a lending institution that contains contributions from the
				HPL fund, funds from participating lending institution(s), and may include
				funds from private and federal agencies.
I. "Loan participation agreement" means the
				agreement entered into between the division and a lending
				institution.
J. "Non-profit
				organization" means an organization who has received tax-exempt status under
				Section 501(c)(3) of the Internal Revenue Code.
K. "State historic preservation officer" or
				"SHPO" means the state official designated by the Cultural Properties Act,
				Section
				18-6-8
				NMSA 1978, to serve as the director of the state historic preservation division
				and administer the Cultural Properties Act.
L. "Secretary's standards" means the current
				standards developed by the secretary of the interior, standards for
				rehabilitation and guidelines for rehabilitating historic buildings or
				standards for historic preservation projects, 36 CFR Part 68.
M. [Reserved]
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.9 - ELIGIBILITY OF PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				eligible property is any property individually listed in the state register of
				cultural properties or the national register of historic places or officially
				designated as contributing to a historic district listed in the state register
				or the national register.
B.
				Eligible properties may be restored, rehabilitated, repaired, and preserved
				with a loan or loan subsidy using HPL contributions to the loan pool.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.10 - ELIGIBILITY OF PROPERTY OWNERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An eligible property owner is a sole
				owner, joint owner, owner in partnership, corporate owner or owner of a
				leasehold interest of a term not less than nineteen years, of any eligible
				property as described in Subsection A of 4.10.2.9 NMAC of these
				regulations.
B. A loan or loan
				subsidy from the loan pool shall be made only to eligible property owners who
				agree:
(1) to repay the loan and maintain the
				registered cultural property as restored, rehabilitated or repaired for a
				period of not less than seven years; and
(2) that the property owner's failure to so
				maintain the property in conformity with Paragraph (1) of Subsection B of
				4.10.2.10 NMAC of these regulations shall constitute a default of the loan or
				loan subsidy promissory note and mortgage agreement and shall be cause for
				acceleration of the unpaid loan or subsidy balance and exercise of foreclosure
				remedies against the collateral by the lending institution; and
(3) to execute a development agreement and
				preservation covenants and deed restrictions with the division and other loan
				agreements or documentation that may be required by the lending institution;
				and
(4) to rehabilitate, restore or
				repair a registered cultural property, including rehabilitation of a portion of
				its front facade, in compliance with the secretary's standards as determined
				and agreed upon by the division; and
(5) to maintain complete and proper financial
				records regarding the registered cultural property and to make such records
				available to the division upon request; and
(6) to complete the proposed rehabilitation,
				repair or restoration work on the registered cultural property within two years
				from the date the loan or loan subsidy is approved by the division and closed
				by the lending institution; and
(7)
				provide sufficient collateral security interest in the registered cultural
				property to the state of New Mexico in accordance with 4.10.2.16 NMAC of these
				regulations; and
(8) to meet the
				division and CPRC's criteria for priority ranking of loans or subsidies made
				from the HPL contributions to the loan pool.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.11 - HPL CONTRIBUTIONS - ELIGIBLE COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
Costs which can be paid with HPL contributions to the loan
				  pool are architectural, engineering, planning services, project inspection,
				  contracted restoration, rehabilitation, repair and costs necessary for code
				  compliance. The division or the lending institution with the prior approval of
				  the division, may use the HPL contributions to the loan pool to pay costs
				  associated with enforcement of the obligations of the borrower under the
				  promissory note, mortgage or loan agreement.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.12 - HPL CONTRIBUTIONS - INELIGIBLE COSTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. HPL contributions to the loan pool shall
				not be used to pay costs of land acquisition, legal costs, fiscal agents' fees,
				loan origination fees, points, or other charges incurred by the borrower or
				which may be imposed by the lending institution or other lending entity,
				including fees described in 4.10.2.17 NMAC of these regulations and costs that
				are not expressly permitted in 4.10.2.11 NMAC of these regulations.
B. The borrower shall not apply HPL funds
				contributions to the loan pool toward the acquisition or purchase of
				property.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.14 - PRIORITY RANKING OF HISTORIC PRESERVATION PROJECTS AND PRELIMINARY LOAN APPLICATION FORM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division in consultation with the CPRC shall annually review the division's
				system for priority ranking of criteria applied to loan applications in a
				regular public meeting of the CPRC.
B. The division shall provide annual public
				notice of the availability of loans or loan subsidies from the historic
				preservation loan fund and the availability of a historic preservation
				preliminary loan application form (see attachment "C" attached hereto)
				4.2.10.24 NMAC from the division.
C. A historic preservation preliminary loan
				application form shall consist of photographs, drawings, plans and cost
				estimates of the property to be rehabilitated, restored, or repaired.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.15 - LENDING INSTITUTION'S PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. After approval by the division of a
				preliminary loan application form and identification of a lending institution,
				the designated officer of the lending institution will advise the property
				owner of any additional documentation required by the lending
				institution.
B. Applicants will be
				notified in writing by the lending institution regarding its determination to
				approve or disapprove a loan for a project. The designated officer of the
				lending institution will advise the borrower of the amount, terms and
				conditions of the loan.
C. Approval
				of a loan or loan subsidy from the loan pool will be made in accordance with
				the lending institution's customary and prudent lending practices.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 2 - HISTORIC PRESERVATION LOAN FUND › Section 4.10.2.16 - PROPERTY OWNER'S COLLATERAL SECURITY INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. The sufficiency of the collateral security
				interest in a registered cultural property whose repair, rehabilitation or
				restoration is to be funded with funds from the historic property loan fund and
				lending institution(s) shall be determined by the participating lending
				institution(s) in accordance with the customary and prudent lending
				practices.
B. The offer of
				collateral security in the form of an assignment to the state of New Mexico,
				historic preservation division, of a first mortgage, second mortgage, or
				assignment of lease, shall be commensurate with risk and approved by the
				division in consultation with the lending institution.