Minimum Standards: Nonresident Borrowing Annual Report Requirement

Massachusetts General Laws require that libraries must "lend books to other libraries in the commonwealth and extend privileges to the holders of cards issued by other public libraries in the commonwealth on a reciprocal basis."

The Code of Massachusetts Regulations states that public libraries accepting State Aid to Public Libraries awards must lend, via interlibrary loan, to other public libraries that are also receiving State Aid to Public Libraries. They must also lend to residents of communities whose libraries receive State Aid to Public Libraries awards.

Materials purchased with trust fund monies are exempt from this requirement if lending to nonresidents or via interlibrary loan would violate the terms of the trust fund.

Local libraries have the right to refuse to negotiate an interlibrary loan for registered borrowers who are flagrantly delinquent.

Annual compliance with this requirement is assured by the signature of the Chair of the Board of Trustees on the State Aid to Public Libraries Compliance Form.

Massachusetts General Laws also require that libraries shall "include in their annual report the total number of nonresident loans and nonresident circulation as a percentage of the library's total circulation, as certified by the librarian and subject to an audit by the state auditor."

Definitions: The following terms shall have the following meanings:

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.

Citations:MGL c.78 s.19A(4) and 19B(6) and 605 CMR 4.01(6);;

MGL c.78 s.19B(7) and 605 CMR 4.01(7) and 605 CMR 4.02

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Page last updated on 09/6/2007