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Library Law Page 18

EDITORIAL NOTE

Please be advised that only the portion of this statute which refers to annual audits has been reprinted. This is not the complete text of the “Local Fiscal Affairs Law.”

TITLE 40A. MUNICIPALITIES AND COUNTIES

CHAPTER 4. LOCAL BUDGET LAW

N.J.S.A.
40A:4-25. Miscellaneous revenues.
“Miscellaneous revenues”  shall include such amounts as may reasonably be expected to be realized in cash during the fiscal year from known and regular sources, or from sources reasonably capable of anticipation, and lawfully applicable to the appropriations made in the budget, other than dedicated revenues, revenues from taxes to be levied to support the budget, receipts from  delinquent taxes, and surplus.  Miscellaneous revenues stated in the budget  shall be classified according to their respective sources.

     L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

N.J.S.A.
40A:4-25.1. Use of library monies transferred to municipality.
2.     Monies approved by the State Librarian for transfer to a municipality by the board of trustees of its municipal free library, pursuant to subsection c. of R.S.40:54-15, 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 shall certify that each municipality has complied with this section.  If the director finds that monies transferred to a municipality by its municipal free library pursuant to subsection d. of R.S.40:54-15 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.

L.2008, c.8, s.2.

 

CHAPTER 5. LOCAL FISCAL AFFAIRS LAW

N.J.S.A.
40A:5-1. Short title

This chapter shall be known and may be cited as the “Local Fiscal Affairs Law”.

L.1960, c. 169, 1.

N.J.S.A.
40A:5-2. Definitions

As used in this chapter and any act amendatory to and supplementary thereto unless the context indicates otherwise:

“local unit” means any county, municipality, special district or any public body corporate and politic created or established under any law of this State by or on behalf of any one or more counties or municipalities, or any board, commission, department or agency of any of the foregoing having custody of funds, but shall not include a school district;

“governing body” means the governing body of a county or the commission, council, board or body having control of the finances of a municipality or any other local unit as defined herein;

“chief financial officer” means, except in the case of a municipality, the director of revenue and finance, comptroller, treasurer, collector or other financial officer of a local unit. In the case of a municipality, the chief financial officer means the person appointed pursuant to section 5 of P.L.1988, c.110 (C. 40A:9-140.10); in the case of a county, the chief financial officer means the person appointed pursuant to section 4 of P.L.1993, c.87 (C. 40A:9-28.4);

“chief executive officer” means the county executive, county manager, county supervisor or president of the board of chosen freeholders, as appropriate to the form of government of a county, or the mayor, manager or commissioner, as appropriate to the form of government of a municipality, or the chairman, president, director or other chief executive officer of any other local unit;

“warrant” means the draft or check of any local unit used in warranting disbursement of moneys and shall, in every instance, be evidenced by the issuance of a check of the local unit. In no instance shall it be necessary for the local unit to refer to, or issue, a check separate and distinct from the warrant;

“check” means the instrument by which moneys of any local unit are disbursed.

L. 1960, c. 169, 1. Amended by L.1983, c. 8, 1; L.1991, c. 175, 15; L.1993, c. 87, 8.

N.J.S.A.
40A:5-3. Fiscal year

The fiscal year of every local unit shall be the period for which a local unit adopts a budget, as required pursuant to the “Local Budget Law,” N.J.S.40A:4-1 et seq.

L.1960,c. 169, 1. Amended by L.1991, c.75, 25.

N.J.S.A.
40A:5-4. Annual audit required

The governing body of every local unit shall cause an annual audit of its books, accounts and financial transactions to be made and completed within six months after the close of its fiscal year. The governing body of every local unit may by resolution petition the Director of the Division of Local Government Services in the Department of Community Affairs for an extension to complete and file the annual audit with the division. Upon good cause being shown the director may grant an extension upon whatever terms or condition she may deem reasonable. The determination of the director in the granting of the extension is final.

The governing body of every local unit shall employ a registered municipal accountant of New Jersey to prepare its annual audit or it shall enter into an agreement with the Director of the Division of Local Government Services for an annual audit to be made by qualified employees of the division.

The director shall establish a fee based upon the time spent and other expenses incurred by qualified employees of the division when conducting the annual audit for a local unit. The local unit shall upon request for payment for audit services, forward a check to the director, payable to the State Treasurer.

L.1960, c. 169, 1. Amended by L.1977, c. 396, 1; L.1991, c. 216, 1.

N.J.S.A.
40A:5-5. Scope of audit

Each audit shall embrace the books, accounts and transactions of the local unit and every board, body, officer or commission supported and maintained wholly or in part by funds appropriated by the local unit, unless otherwise provided by statute or regulations of the board. Each audit shall cover a complete fiscal year and, in addition, shall include a verification of all cash and bank balances as of the date of the audit thereof and an audit of the accounts to such date.

L.1960, c. 169, 1.

N.J.S.A.
40A:5-6. Report of audit

Every such registered municipal accountant shall file the original report of his audit and recommendations with the clerk and shall, within 5 days thereafter, file a certified duplicate copy thereof, over his signature, in the office of the director.

L.1960, c. 169, 1.

NEW JERSEY ADMINISTRATIVE CODE

TITLE 5. COMMUNITY AFFAIRS

CHAPTER 30. LOCAL FINANCE BOARD

SUBCHAPTER 12. FEDERAL GRANTS FOR LIBRARY CONSTRUCTION AND STATE LIBRARY AID

Authority
N.J.S.A. 52:27BB-10, 52:27BB-32, 52:27D-18, 40A:40-83, 40A:5-38, 40A:11-11, 40A:12-6.

Source and Effective Date
R.1993 d.297, effective May 27, 1993. See: 25 N.J.R. 1630(a), 25 N.J.R. 2688(a).

Executive Order 66 (1978) Expiration Date
Chapter 30, Local Finance Board, expires March 23, 2016.

N.J.A.C.
5:30-12.1 General provisions

The following procedures are hereby promulgated covering the accounting procedures to be used by local units in accounting for Federal grants under the Federal Library Services and Construction Act and State Library Aid per N.J.S.A. 18A:74.

N.J.A.C.
5:30-12.2 Procedure

(a) An appropriation for the full amount of construction costs must be made in the usual manner by either ordinance or budget appropriation.

(b) The Federal grant may be used as an anticipated revenue to partially finance such appropriations.

(c) It is emphasized that only the governing body can adopt either the ordinance or the budget.

N.J.A.C.
5:30-12.3 Federal grants for library services

(a) When a Federal grant for extended library services is received by the municipal treasurer it should be credit to “Reserve for Library Services with Federal Aid.” (The 1966 and subsequent years’ municipal budget forms will include “State or Federal Aid for Maintenance of Libraries” in the “Dedication by Rider-N.J.S.A. 40A:4-39”.)

1. If budget appropriations and other moneys are customarily turned over in full to the treasurer of the board of trustees as provided in N.J.S.A. 40:54-13, the municipal treasurer should promptly draw his check on the “Reserve” account and turn the funds over to the library board.

2. If budget appropriations are customarily retained in the custody of the municipal treasurer and disbursed by him after approval by the board of trustees of the free public library, the municipal treasurer should credit the money received from the Federal grant to the aforementioned “Reserve” account and expend such moneys in the same manner as other funds are expended by the library board.

N.J.A.C.
5:30-12.4 State library aid

(a) Effective January 1, 1966, the present method of budgeting and accounting for this money will be completely revised as follows:

1. The “Dedication by Rider-N.J.S.A. 40A:4-39” in the 1966 and subsequent years’ municipal budget forms will include “State or Federal Aid for maintenance of libraries”.

2. The item of anticipated revenue for “State Library Aid-N.J.S.A. 18:24A” together with the required, applicable appropriation will be eliminated from the 1966 and subsequent years’ budget documents.

3. All municipal treasurers are instructed to credit all moneys received after January 1, 1966, for “State Library Aid-N.J.S.A. 18:24A” to a special reserve in the current fund entitled (depending upon which title is applicable in his municipality): “Reserve for maintenance of free public library with State aid” or “Reserve for aid to privately owned library or reading room with State aid”.

(b) If budget appropriations are customarily turned over in full to the board of trustees of the free public library or the privately owned library, the municipal treasurer should promptly draw his check on the “Reserve” account and turn over the funds to such library.

(c) If budget appropriations are customarily retained in the custody of the municipal treasurer and disbursed by him after approval by the board of trustees of the free public library or for the aid of a privately owned library, the municipal treasurer should retain the funds in the proper “reserve” account and should expend such moneys in the same manner as other funds are expended by or for the library.

(d) All appropriations for “expense of participation in free county library” are always expended directly by the municipality for the purpose of aiding and improving the service rendered within the municipality by the free county library. State library aid for this purpose, therefore, should always be credited by the municipal treasurer to “reserve for expense of participation in free county library with State aid” and expenditures should be made in the same manner as other expenditures are made for this purpose in those municipalities where this is applicable.

(e) Unexpended balances of 1965 appropriations “with State aid” for any of the purposes cited in subsection (a) 3 of this Section should be transferred at December 31, 1965, to the proper “reserve” in an amount up to, but not exceeding, the actual amount of State aid received in 1965.

EDITORIAL NOTE

Please be advised that the entire text of the following statute has not been reprinted.

NEW JERSEY STATUTES ANNOTATED

TITLE 18A. EDUCATION

CHAPTER 20. PROPERTY OF SCHOOL DISTRICTS

N.J.S.A.
18A:20-34. Use of schoolhouse and grounds for various purposes

The board of education of any district may, pursuant to rules adopted by it, permit the use of any schoolhouse and rooms therein, and the grounds and other property of the district, when not in use for school purposes, for any of the following purposes

:

(b) Public library purposes or stations of public libraries;…

EDITORIAL NOTE

Please be advised that the entire text of the following statute has not been reprinted.

TITLE 40. MUNICIPALITIES AND COUNTIES

CHAPTER 55D. PLANNING, ZONING, ETC.

ARTICLE 3. MASTER PLAN

N.J.S.A.
40:55D-28. Preparation; Contents; Modification

a.The planning board may prepare and, after public hearing, adopt or amend a master plan or component parts thereof, to guide the use of lands within the municipality in a manner which protects public health and safety and promotes the general welfare.

b.The master plan shall generally comprise a report or statement and land use and development proposals, with maps, diagrams and text, presenting, at least the following elements (1) and (2) and, where appropriate, the following elements (3) through (16):

(6) A community facilities plan element showing the existing and proposed location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas;

L.1975, c.291, s.19; amended 1980, c.146, s.2; 1983, c.260, s.10; 1985, c.222, s.29; 1985, c.398, s.16; 1985, c.516, s.11; 1987, c.102, s.26; 1991, c.199, s.3; 1991, c.445, s.7; 1999, c.180, s.2; 2004, c.2, s.37; 2004, c.120, s.60; 2007, c.137, s.59; 2008, c.54.

CHAPTER 60. PUBLIC LANDS AND BUILDINGS

N.J.S.A.
40:60-10. Property of certain societies transferred in trust to municipality; purposes

Whenever any school society or religious organization of this state owns real or personal property and, owing to the establishment and existence of free schools and other public institutions, the society or organization finds it impossible or impracticable to continue in existence for the purposes for which it was created, desires to convey any such property to any municipality for the purpose of establishing free reading rooms, libraries or other institutions for the public benefit, such society or organization may convey the same to the municipality in trust for such purposes.

N.J.S.A.
40:60-11. Acceptance of property in trust; appointment of trustees

The governing body of any municipality which is or shall be the beneficiary of such a trust may accept it for the purposes set forth in section 40:60-10 of this title and may appoint any number of trustees designated by the terms and under the conditions of the trust instrument.

N.J.S.A.
40:60-12. Purchase of lands adjoining trust lands; bonds; use of income and proceeds

Any society or organization designated in section 40:60-10 of this title may sell to the municipality any lands owned by it and adjoining the lands conveyed in trust as provided in said section 40:60-10. The municipality may purchase such adjoining lands for the purposes aforesaid, and may issue bonds not to exceed ten thousand dollars in payment therefor; provided, that the interest accruing upon said bonds shall be used and devoted for the purpose of maintaining said trust and carrying out the purposes thereof.

N.J.S.A.
40:60-13. Municipality not liable for misappropriation of funds

Nothing in sections 40:60-10 to 40:60-12 of this title contained shall be construed to make any municipality liable for the misappropriation of the funds created by the trust, nor to make good any diminution thereof resulting from the wrongful acts of its agents or any person appointed in conformity with the terms and conditions of the deed or instrument creating the trust. If, however, any agent or officer of the municipality is under bonds thereto, and upon default the municipality recovers from the sureties on the bond a sum sufficient to pay or make good the amount of misappropriation of the funds of the trust, the municipality shall make good the same out of the amount so received. No misappropriation of the funds aforesaid shall in anywise affect the trust.

CHAPTER 61. PUBLIC PARKS AND PLAYGROUNDS

N.J.S.A.
40:61-6. Library; art gallery and museum in parks; site; control

A public library, art gallery, or museum, may be constructed or maintained in any public park or square in any municipality. The board or body having control of such park or square shall designate the part thereof upon which any such building may be constructed or maintained. The building shall be managed and controlled by the board or body charged with the care and maintenance thereof.

 


Last Updated: July 12, 2013.

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