North Dakota Library Law: State Aid to Public Libraries

All applications for State Aid to Public Libraries must be submitted to NDSL via Counting Opinions annually. The application will be open April 1 - April 30.

The State Aid to Public Libraries application is broken down into two forms; SFN 51298 is the formal application while SFN 51299 establishes eligibility.

Section 1 of SFN 51298 is prefilled with data that cannot be modified by the person completing the report. If any of this information needs to be updated, please contact the State Library.

For Section 2, you will need to provide:

• Library's total operating expenses (actual expenditures, not estimated)
• Other public funds received and deposited in the library fund for operation

This information is for the immediate preceding year.

The State Library will calculate taxable valuation and mill equivalence. This information will be obtained from the Tax Department. Questions regarding taxable valuation and mill equivalence will no longer appear on the application.

Section 2 needs to be certified by the library director only. The library director signs the application electronically in Counting Opinions.

SFN 51299 consists of legal questions ensuring the library complies with NDCC §40-38 and §54-24. These are Yes and No questions. Some of these questions have been reworded so please read them carefully. If you aren't sure whether you should answer Yes or No, please contact the State Library.

When reporting data, please remember the following:

• Enter "0" if the appropriate entry for an item is zero or none—All fields must have data entered in them or the application will not be able to be submitted.
• All edit checks must be annotated in order for the report to be submitted. If all edit checks have been annotated and there are still errors when attempting to submit the application electronically, contact the State Library at 701-328-3499.

All questions regarding the State Aid Application can be addressed to Allie Suko at ndsl-fiscal@nd.gov or 701-328-3499.

Funds for State Aid to Public Libraries are dispersed by the grant formula laid out in NDCC § 54-24.2-02:

Grants to eligible public libraries must be in accordance with the following formula:

1. One dollar, or a percentage thereof, for each person residing in the city or county operating or providing financial support for the public library, as determined by the latest official federal census; and
2. Five dollars per square mile [259.00 hectares], or a percentage thereof, of land within the geographical boundaries of each county operating or providing financial support for a public library.

Additional incentives for local funding are provided in NDCC §54-24.2-03:

To provide for increased local funding, public libraries eligible to receive funds under section 54-24.2-02 shall have the funds allocated to them modified in accordance with the following formula:

Cities levying

8.00 or more mills 150 percent of allocation

6.00 - 7.99 mills 125 percent of allocation

4.00 - 5.99 mills 100 percent of allocation

3.00 - 3.99 mills 75 percent of allocation

2.00 - 2.99 mills 50 percent of allocation

1.00 - 1.99 mills 33 percent of allocation

0.01 - 0.99 mills 25 percent of allocation

0.00 - mills 0 percent of allocation

Counties levying

4.00 or more mills 150 percent of allocation

3.00 - 3.99 mills 125 percent of allocation

2.00 - 2.99 mills 100 percent of allocation

1.50 - 1.99 mills 75 percent of allocation

1.00 - 1.49 mills 50 percent of allocation

0.50 - 0.99 mills 33 percent of allocation

0.01 - 0.49 mills 25 percent of allocation

0.00 - mills 0 percent of allocation

The computation of mills must be based upon:

1. The levy on the taxable valuation as certified by the county auditor to the tax commissioner.
   By May fifteenth of each year the tax commissioner shall provide the state library the certified
   taxable valuations;
2. The other public funds received and deposited in the library fund for the operation of the
   library by the governing body during the preceding fiscal year; and
3. Computation of the mill levy equivalent of other public funds as computed by the state library.

Limitations of funding are laid out in NDCC §54-24.2-05:

For public libraries operated by cities, funds granted under this chapter may not exceed thirty-three percent of the total expenditure of mill levy moneys and other public funds during the preceding year. For public libraries operated by counties, funds granted under this chapter may not exceed the following percent of the total expenditure of mill levy moneys and other public funds during the preceding year:

less than $10,000 100 percent

$10,000 - $19,999 75 percent

$20,000 - $29,999 67 percent

$30,000 - $50,000 50 percent

over $50,000 33 percent 

Attorney General Opinion 2006-L-24 discusses the determination of mill values for State Aid to Public Libraries as it relates to Home Rule cities or counties.