Date: August 24th 2009

Hi, all.

NJAC 15:20 Subchapters 1 and 2 will expire in November. In the past these rules have been readopted without change. NJSL proposes that these rules be allowed to expire (sunset).

If you are not in agreement that these rules should be allowed to expire (see below and please note that the Statutes will remain in force), please let me know by September 7. If you email me, please use the subject \x93Sunset.\x94

Best wishes, Victoria

Victoria Rosch, Deputy Director Library Development Bureau New Jersey State Library vrosch@PROTECTED
609.278.2640 ext.157

Summary of rules:

NEW JERSEY ADMINISTRATIVE CODE: TITLE 15. DEPARTMENT OF STATE; CHAPTER 20, PUBLIC, SCHOOL AND COLLEGE LIBRARIES

SUBCHAPTER 1. STANDARDS FOR FEDERATION OF FREE PUBLIC LIBRARIES

NJAC 15:20.1 et seq. provides the regulations for NJSA 40:9A-1, Federation of city-county libraries. This statute was adopted in 1956. The regulations have never been used. In addition, in 2007 there was a re-codification of New Jersey law establishing shared services criteria and eliminating the need for individual regulations such as NJAC 15:20.1 and .2. Because of the re-codification, inter-local services agreements are now part of the Uniform Shared Services and Consolidation Act. This act is codified at NJSA 40A:65-1. The mandatory provisions of shared service agreements are now at NJSA 40A:65-7. See http://www.nj.gov/dca/lgs/share/joint/jntlang3.shtml for a full explanation of the elements of a shared services agreement.

Recommendation: Allow Subchapter 1, Standards for Federation of Free Public Libraries to sunset.

Reasoning: The shared services act is now the legal model for forming any agreement. It may be used between/among libraries and libraries and municipalities.

SUBCHAPTER 2. COUNTY LIBRARY REORGANIZATION

NJAC 15:20.2 et seq. provides the regulations for NJSA 40:33-13.2d, "County Library Reorganization Law." The statute was adopted in 1981. As of August 2009, the law has never been implemented and the regulations have never been used.

Recommendation: Allow Subchapter 2, County Library Reorganization to sunset.

Reasoning: The existing regulations create a situation where those organizing under this act would be held to a higher standard (example: professional librarian at all branch libraries) than municipal and county libraries organized under different acts. The shared services act could now be used as a model for forming any agreement.

For the complete text regarding Federation of city-county libraries (NJSA 40:9A-1 et seq. and NJAC 15:20-1 et seq. go to http://www.njstatelib.org/LDB/Library_Law/lwes0007.php#141. For the complete text regarding County Library Reorganization (NJSA 40:33-13.2d et seq. and NJAC 15:20-2.1 et seq.) go to http://www.njstatelib.org/LDB/Library_Law/lwes0005.php#295.


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