ASSEMBLY, No. 404

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman HECK and Assemblyman DORIA

An Act concerning the establishment and funding of federated library services and supplementing chapter 9A of Title 40 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. The board of chosen freeholders of a county having a population of more than 80,000 according to the latest federal census may provide for the establishment of federated library services. No services shall be established, however, until assented to by the legal voters of the county at any election at which the question of the establishment thereof shall be submitted.

    2. The board of chosen freeholders may submit the question of the establishment of federated library services to the voters of the county for adoption or rejection at any general or special election.

    3. The board of chosen freeholders shall cause the question to be printed upon the ballots to be used at the election in substantially the following form:

      "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 plus (+) in the square at the left of the word NO.

[]YES                          "Shall federated library services

                                    including....(here enumerate the

                                    services) be established in....(here

[]NO                           insert the name of the county) County?"

    4. The result of the election shall be returned and canvassed in the same manner and at the same time as other elections. If a majority of the votes cast on the question shall be in favor thereof, the provisions of this act shall take effect in the county.

    5. Upon the adoption of the provisions of this act, the board of chosen freeholders shall determine a sum sufficient for the establishment and, annually thereafter, for the maintenance of the federated library services. The sum so to be raised shall be certified by the board of chosen freeholders to the county board of taxation, which shall apportion the amount among the municipalities receiving the benefits of the services in accordance with the provisions of section 54:4-49 of the Revised Statutes and as follows:

    a. the sum so raised among municipalities which fund a public library that qualifies for per capita State aid shall be not less than .000011741 of a mill per dollar on the "apportionment valuation," as defined in section 54:4-49 of the Revised Statutes, except that no municipality shall pay more than $1.60 per capita;

    b. the sum so raised among municipalities which do not fund a public library that qualifies for per capita State aid or do not have a contract to provide library services that qualify for per capita State aid shall be not less than .000111 of a mill per dollar on the "apportionment valuation," as defined in section 54:4-49 of the Revised Statutes.

    The amount thus apportioned to each municipality shall be assessed, levied and collected in the same manner and at the same time as other county taxes are assessed, levied and collected therein.

    6. Upon the adoption of the provisions of this act, the board of chosen freeholders shall contract to provide federated library services with an agency in the county which has been in existence and providing county-wide service to public libraries for at least five years.

    7. The governing board of an agency which is under contract to provide federated library services pursuant to section 6 of this act shall have 13 members as follows:

    a. nine shall be library directors, of which five shall be elected from the member libraries to serve two-year terms and four shall be rotating members, determined by dividing the county into four equal geographic areas and designating one director from each of the four areas in alphabetical order of the municipalities within the area, who shall serve one-year terms;

    b. two shall be trustees of member libraries, one selected by each of four boards of trustees of the libraries in alphabetical order of the municipalities, who shall serve one-year terms; and

    c. two shall be appointed by the board of chosen freeholders to serve two-year terms.

    A member library may have only one representative, either a director or a trustee, on the governing board at any time.

    8. a. The ratio of funding for federated library services to funding for local library services which is effective for the first tax year under the provisions of this act shall be maintained in each subsequent tax year.

    b. No funds raised by this act shall be deemed as fulfilling the requirement for the funding of municipal libraries pursuant to R.S. 40:54-8.

    9. This act shall take effect immediately.

STATEMENT

    This bill provides that the board of chosen freeholders of a county having a population of more than 80,000 may establish federated library services upon approval by the voters of the county at any election at which the question of the establishment is submitted. If the question of the establishment of federated library services is approved, the board of chosen freeholders would determine a sum sufficient for the establishment and maintenance of the services. The bill specifies that the sum raised among municipalities which fund a public library that qualifies for per capita State aid shall be not less than .000011741 of a mill per dollar, except that no municipality shall pay more than $1.60 per capita, and the sum so raised among municipalities which do not fund a public library that qualifies for per capita State aid or do not have a contract to provide library services that qualify for per capita State aid shall be not less than .0000111 of a mill per dollar.

    In addition, the board of chosen freeholders is required to contract to provide federated library services with an agency in the county which has been in existence and offering county-wide service to public libraries for at least five years. The governing board of that agency shall have 13 members, nine library directors of which five shall be elected and four rotating, two library trustees representing member libraries, and two members appointed by the board of chosen freeholders.

    The bill specifies that the ratio of funding for federated library services to funding for local library services which is effective for the first tax year shall be maintained in each subsequent tax year.

Provides for establishment and funding of federated library services.