605 CMR, § 4.02

Current through Register 1536, December 6, 2024

Section 4.02 - Nonresident Circulation Offset for Public Libraries

(1)Scope and Purpose. 605 CMR 4.02 is promulgated in order to define the terms "nonresident", "major", "nonresident circulation" and "total number of eligible nonresident loans" as used in M.G.L. c. 78, §§ 19A(4) and 19B(7), and 605 CMR 4.02(3). It also establishes criteria for submission of nonresident circulation data.

(2)Definitions. The following terms as used in M.G.L. c. 78, §§ 19A(4) and 19B(7), and 605 CMR 4.02(3) shall have the following meanings:

Major is any eligible lender who loans library materials to nonresidents.

Nonresident is a Massachusetts resident who is not a resident of the reporting municipality. Nonresident status is defined by the local municipality but cannot be more restrictive than the U.S. Bureau of the Census definition of resident in effect at the beginning of the reporting period.

Nonresident circulation is the direct, over-the-counter loan of library materials, including renewals of these items, to nonresidents.

Total number of nonresident loans is the actual total count, either using a manual or an automated system, of direct, over-the-counter loans of library materials, including renewals of these items, to all nonresidents.

Total number of eligible nonresident loans is the actual count, either using a manual or an automated system, of direct, over-the-counter loans of library materials, including renewals of these items, to all nonresidents who are residents of municipalities certified to receive State Aid to Public Libraries during the reporting period.

(3)Conditions of Eligibility. Recipients of the offset for nonresidents' circulation must:

(a) Meet the requirements to receive State Aid to Public Libraries as set forth in M.G.L. c. 78, §§ 19A and 19B, and in 605 CMR 4.00.

(b) Report the library's total number of eligible nonresident loans as required in M.G.L. c. 78, § 19B(7).

(4)Submission of Data. Libraries must begin collecting data in compliance with the requirements of 605 CMR 4.02 by July 1, 1995. Libraries unable to comply with reporting requirements upon initial application to receive State Aid to Public Libraries under the provisions of M.G.L. c. 78, §§ 19A and 19B, will be granted a grace period of three fiscal years from the date of application.

605 CMR, § 4.02

Amended by Mass Register Issue 1323, eff. 10/7/2016.