Hi, all.

Following is a review of some of the changes to library law over the last five years.

Municipal, Joint, County and Association Libraries and PCSA

The requirement to purchase a minimum number of periodicals was removed from PCSA regulations in 2010. (The requirement to hold back issues of periodicals was removed from the PCSA requirements in 2000.) Libraries must still provide access to the databases provided by NJSL (JerseyClicks) as these databases fulfill the library’s requirement to provide an index to periodical information.

Municipal, Joint and County Libraries

In 2007 NJSA 40:54-29.1, Contracts with other municipalities for library service, and NJSA 40:54-29.2, Use of moneys received under contracts, were removed by the legislature. Shared/interlocal 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. The corresponding sections in county library law, NJSA 40:33-13.1 and 2, are still in place. Please consult the library’s attorney regarding an interpretation should the need arise.

Municipal and Joint Libraries

The most recent change to municipal library law (NJSA 40:54-7.1) clarifies how a municipal library may be dissolved and what happens to the property of the library under that circumstance. The new section may be found at the end of this message, at http://lss.njstatelib.org/library_law/library_law_page_10  and attached.

Of course over the years we’ve had lots of changes to NJSA 40:54-15 Annual report, identification of excess funds to municipality, transfer procedure. The last change in 2011 was to exclude gifts from the Return of Funds process, and to change NJSA 40:54-19, Devises and bequests to trustees.

NJSA 40:54-19, The board of trustees may receive, hold and manage any devise, bequest or donation heretofore made or hereafter to be made and given for the establishment, increase or maintenance of a free public library within the municipality. Any devise, bequest, or donation made pursuant to this section shall not be deemed surplus or transferred by the board of trustees, pursuant to the provisions of R.S.40:54-15, to the municipality.

The addition in 2011-2012 of "free public library taxes" to sections of NJSA 54:4-65, Form and content of property tax bills. This established a dedicated line on the tax bill for municipal and joint libraries.

You will find updated versions of the laws at http://lss.njstatelib.org/library_law and http://lss.njstatelib.org/director_resources.

Best wishes,

Victoria

Victoria Rosch

Deputy State Librarian for Library Support Services

vrosch@PROTECTED 

609.278.2640 ext.157

40:54-7.1  Dissolution of free public libraries.
1. a. Any free public library established by referendum pursuant to R.S.40:54-1 et seq., may be dissolved, provided the dissolution is approved by a majority of the legal voters of the municipality, at a general election at which the question of the library's dissolution shall be submitted to a vote by direction of an ordinance adopted for that purpose by the governing body.  If said ordinance shall be adopted, a copy thereof shall be filed with the Director of the Division of Local Government Services in the Department of Community Affairs and with the State Librarian.

b. The municipal clerk shall cause public notice of such general election to be given by advertisement, signed by the clerk and set up in at least five public places in the municipality for at least 10 days previous to the date of such election and published for the same period in two newspapers printed or circulated therein.

c. The officer charged with the duty of preparing the ballots for such election shall cause the question to be submitted to be printed on the official ballots for such election in substantially the following form:

(1) In counties having county libraries established pursuant to R.S.40:33-4: To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word "YES," and if opposed thereto mark a cross (X) or a plus (+) in the square at the left of the word "NO."

(2) In counties having county libraries established pursuant to P.L.1963, c.46 (C.40:33-5.1) or P.L.1977, c.300 (C.40:33-15 et seq.), and in counties having no county libraries established pursuant to R.S.40:33-4: To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word "YES," and if opposed thereto mark a cross (X) or a plus (+) in the square at the left of the word "NO."

(3) If the question presented in paragraph (1) of this subsection regarding municipal libraries in counties having a county library established pursuant to R.S.40:33-4 is approved, the governing body of the municipality shall hold a joint meeting with the library board of trustees and county library governing body as soon as practicable for the purpose of arriving at an agreement as to the implementation of such discontinuance, the use of the library facilities thereafter, the adjustment, apportionment, accounting for, settlement, allowance and satisfaction of the rights and liabilities in or with respect to any property, obligations, or other matters or things connected with the municipal library, and such other matters and things in connection therewith as those governing bodies shall jointly determine.  If the governing bodies shall be unable to agree, the matter shall be referred to the Director of the Division of Local Government Services in the Department of Community Affairs for determination.

(4) If the question presented in paragraph (2) of this subsection regarding counties having county libraries established pursuant to P.L.1963, c.46 (C.40:33-5.1) or P.L.1977, c.300 (C.40:33-15 et seq.), and in counties having no county library established pursuant to R.S.40:33-4 is approved, the municipality in which the free public library is located shall assume the assets and liabilities of the free public library upon the date of dissolution; and remaining assets may be anticipated by the municipality as a miscellaneous revenue; provided, however, that the monies shall be used solely and exclusively by the municipality for the purposes of reducing the amount the municipality is required to raise by local property tax levy for municipal purposes.  The Director of the Division of Local Government Services in the Department of Community Affairs shall certify that each affected municipality has complied with this section.  If the director finds that monies transferred to a municipality under this section are not used by that municipality solely and exclusively to reduce the amount required to be raised by the local property tax levy, then the director shall correct the municipal budget, pursuant to N.J.S.40A:4-86, to ensure that the transferred funds are used for that purpose only.

d. The election officers of the municipality shall make a true and correct return of the result of such election in writing, under their hands, and said statement shall be entered at large upon the minutes of the governing body.

e. If a majority of the votes so counted shall be in favor of the dissolution of the free public library, the provisions of the question shall be deemed to have been adopted.

f. If the question presented in subsection c. of this section is approved, the municipality in which the free public library is located shall assume the assets and liabilities of the free public library upon the date of dissolution, unless other provisions have been made.

g. In accordance with R.S.19:3-6, the brief statement interpreting the public question shall be informative, fair, and balanced.  The interpretive statement shall not encourage voters to approve or defeat the public question.  The interpretive statement shall read as follows:

"If the voters approve this question, the free public library will be dissolved and the provisions in P.L.2013, c.56 (C.40:54-7.1) shall be followed."

h. To the extent that any provision in P.L.2013, c.56 (C.40:54-7.1) concerning the dissolution of free public libraries and supplementing chapter 54 of Title 40 of the Revised Statutes conflicts, or is inconsistent, with any other law, including, but not limited to, the initiative and referendum sections of the "Optional Municipal Charter Law," sections 17-35 through 17-47 of P.L.1950, c.210 (C.40:69A-184 through 40:69A-196), or of the "commission form of government law," R.S.40:74-5 through 40:74-19, the provisions of P.L.2013, c.56 (C.40:54-7.1) shall prevail and be controlling.L.2013, c.56, s.1.