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NMAC - 4.5.9 "Special Grants to Public Libraries" Proposed Amendments: Home

This guide contains information pertaining to proposed amendments to the 4.5.9 NMAC including the amendments, public rule hearing, and a downloadable copy of the 4.5.9 NMAC with proposed amendments.

4.5.9 NMAC Public Hearing Notice


The New Mexico State Library is seeking to amend the 4.5.9 NMAC "Special Grants to Public Libraries."

The proposed amendments seek to:

1) allow expanded eligibility for certain grants when so defined in grant guidelines,

2) allow for grant disbursement methods to be defined in grant guidelines,

3) allow full disbursement of specific federal funds designated for emergency relief.

An online public rule hearing has been set for 1:00pm on November 29, 2021. Information on how to join the meeting is included in the "Public Hearing Notice" tab.

We will be receiving written comments and posting them in this LibGuide. Information on where to send them is also included in the "Public Hearing Notice" tab.

The 4.5.9 NMAC with proposed amendments may be viewed and downloaded from the "4.5.9 NMAC With Proposed Amendments" tab.



NOTICE IS HEREBY GIVEN that the New Mexico State Library (NMSL) will convene an online public hearing on Monday, November 29, 2021 at 1:00 pm.  Interested parties may attend by way of the following link,  Following the hearing, the NMSL will consider public comments and adopt the rule.

The purpose of the hearing is to consider amending rule 4.5.9 NMAC, Special Grants for Public Libraries.  The NMSL proposes to amend the rule in order to facilitate the effective administration of special grants for public libraries.

The statutory authority for the proposed changes to 4.5.9 NMAC is found in Subsection I of Section 18-2-4 NMSA 1978 which directs the state librarian to make rules and regulations necessary to administer the division and as provided by law and Subsection B of Section 18-2-4 NMSA 1978 which directs the state librarian to administer grants-in-aid and encourage local library services and generally promote an effective statewide library system.  The NMSL is considering the adoption of a new rule 4.5.9 NMAC in order to allow full disbursement of federal funds awarded for emergency relief, expand grant eligibility through guidelines set by the state librarian, and allow the state librarian to determine through grant guidelines whether a grant award will be disbursed directly or by way of reimbursement.

The proposed rule is available at the NMSL website,, and at the NMSL office located in the Garrey Carruthers State Library Building, 1209 Camino Carlos Rey, Santa Fe, New Mexico 87507.  To request that a copy of the proposed rule be mailed to you, submit your request in writing to New Mexico State Library, 1209 Camino Carlos Rey, Santa Fe, New Mexico 87507, by email to, or via fax to (505) 476-9776.

The NMSL is currently accepting public comments on the proposed rule.  Additionally, any person may join the online hearing to submit their comments.  Written comments may be submitted by mail to:  New Mexico State Library, 1209 Camino Carlos Rey, Santa Fe, New Mexico 87507, by email to , or via fax to (505) 476-9776.  Written comments should be submitted for the NMSL’s consideration no later than 10:00 am on November 29, 2021.  Written comments will be posted on NMSL’s website.

Individuals in need of a reader, amplifier, qualified sign language interpreter or any other form of auxiliary aid or service to attend or participate in the hearing should contact Eli Guinnee at 505-476-9762 or at least ten business days prior to the hearing.

Published in the New Mexico Register Vol. XXXIII, Issue 20

The complete text of the 4.5.9 NMAC with proposed amendments (in pdf format) may be downloaded by clicking the link at the bottom.


4.5.9 AMENDMENTS                 FUNDING SOURCE:  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. [No more than twenty-five percent (25%) of federal funds received by the state library shall be used for special grants.]

[ NMAC - N, 7/1/2015]

This amendment allows complete disbursement of federal funds from programs such as the CARES (Coronavirus Aid, Relief, and Economic Security) Act designated for emergency relief.                 ELIGIBILITY:  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 [otherwise restrict the library’s eligibility] provide otherwise.

[ NMAC - N, 7/1/2015] 

This amendment allows the State Librarian to more expansively define eligibility requirements for specific special grants by way of the grant guidelines.                 TRANSFER OF FUNDS: 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. [The state library will reimburse grant recipients for expenses documented in their state-library approved budget for the special library program.]

[ NMAC - N, 7/1/2015]

This amendment gives the State Librarian the ability to specify within the grant guidelines whether a specific grant program will disburse funds by way of reimbursement or by direct disbursement.

The complete text of the 4.5.9 NMAC with proposed amendments (in pdf format) may be downloaded by clicking the link below.

Written comments from the public will be added to this page if received prior to 10:00AM, November 29, 2021.


No written comments were submitted.



A link to the recorded November 29, 2021, public hearing is posted below.

Passcode:  5z8nKPH+