(a) The rules in this subchapter provide for the development of library services in State, county and municipal institutions, pursuant to the provisions of the Library Development Aid Law, (P.L. 1985, c. 297), N.J.S.A. 18A:74-3.2 through 3.4.
(b) Three separate institutional funding categories have been developed:
- Institutional Library Services per capita State aid;
- Institutional Library Services Developmental Grants and
- Institutional Library Services Incentive Grants.
(c) To be eligible for any of the three programs, institutions must establish a library advisory committee to develop and initiate a plan of service. The primary model for institutional library services is that of public library services.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
“Access” means the onsite use of the library facility and its resources and services or the ability to use library materials and services from remote locations, also known as satellites. In institutions, access includes open hours of the library facility plus service hours to rooms, cells or wards unduplicated by library facility hours. Access also includes bibliographic access. Limitations on access include permissions required and restrictions imposed on client use of services.
“Client(s) or client groups” means mentally disabled, mentally retarded, and physically handicapped persons; also adults and juveniles in correctional and related programs, and persons in New Jersey veterans’ homes. Excluded are persons in general hospitals, general nursing homes and boarding homes.
“Institution” means an adult or juvenile health, mental health, mental retardation, veterans, residential, correctional and other similar facility other than a public school, which is operated by or under contract to the State or to county or municipal governments to carry out health, welfare, educational and correctional programs. Excluded are general hospitals, general nursing homes and boarding homes.
“Institutional library” means any library, within an institution, directly serving the institutional client group.
“Institutional library services developmental grants” means funds made available to institutions to bring library services up to the minimum standards.
“Institutional library services incentive grants” means funds made available to institutions already meeting minimum standards to expand or develop programs of library services.
“Institutional library services per capita State aid grants” means funds made available to institutions whose library services meet minimum standards and maintain a level of library expenditures for library services equal to or above the level in the preceding calendar year.
“Library advisory committee” is a group within the institution which will assist in the development of a plan for library services.
“Library facility” means a space devoted solely or primarily to library services and materials and may include circulation desk, reading and study area, group program area, book stacks and other shelving for materials, office space for library staff, work room or space for cataloging and other related functions, and storage for materials and equipment.
“Library materials” means print, non-print items and electronic software accessible through a library and its services. Library materials do not include texts or curriculum materials; they do include a range of recreational, cultural, and informational items.
“Library service” is a general term for all the activities performed and programs offered by libraries in meeting the need of their target groups. As such, it can encompass a range of services, such as information services or circulation services, which are determined in a particular library by its roles and goals. The primary model for institutional library services is the public library services model.
“Plan of library service” is a written plan for all of the activities to be performed and programs to be offered by a library in order to meet the needs of its target group(s). Such a plan is based on the mission and roles adopted by a library and generally includes goals, objectives and activities to be implemented.
“Room/cell/ward library service” means those activities performed and programs offered by an institutional library in meeting the information needs of those groups unable to avail themselves of the library facility within an institution due to limitations on mobility.
“Titles” are unique monographs (books) or distinctly titled materials held; this is not the same as volumes or items, which includes all multiple copies of a single title. This definition applies to all materials formats.
(a) The following minimum standards shall apply to institutional library services:
1. Staff shall be assigned by the institution in accordance with the chart set forth below:
Client Population Minimum Number of Paid Staff Less than 100 One staff member part-time 100 to 299 Associate librarian part-time.
One library clerk, part-time. 300 to 499 Associate librarian full-time.
One library clerk, part-time. 500 to 699 One librarian part-time.
One library clerk, full-time. 700 to 999 One librarian full-time.
Two library clerks, one of
whom must be full-time. 1,000 or more One librarian full-time.
Three library clerks, two of
whom must be full-time.
2. Materials in all formats to meet the informational, educational, cultural and recreational needs of the population shall be provided as follows:
i. A minimum of five titles per client or 300 titles, whichever is larger. Titles can include print and non-print materials; and
ii. Equipment to support access to and use of library materials.
3. Access shall be provided to client groups as follows:
i. A library with only part-time staff shall provide library services at least 20 hours per week; and
ii. A library with full-time staff shall provide library services at least 30 hours per week.
4. Facilities and furnishings will be adequate to support the library and its services and will be determined in accordance with guidelines established by the State Librarian.
(a) Per capita State aid will provide funds to institutions which meet minimum standards for library services and maintain a level of local library expenditures for library services equal to or above the level in the preceding fiscal year. Such institutions will be eligible, annually, for funding of $1,000 per institution plus a minimum of $7.50 per capita. Fiscal year is determined by the parent organization.
(b) The sum payable as State aid, as finally determined by the Assistant Commissioner and State Librarian, shall be payable on October 1 to each institution qualifying for aid under this chapter.
Developmental grants will provide funds to assist institutions in meeting minimum standards for library services.
Incentive grants will provide funds to institutions to develop or expand programs of library services. Institutional library services must meet minimum standards prior to an application for this grant.
The priorities among the three institutional grant categories and the percentage of funds allocated in each program shall be established annually by the State Librarian.
Funds received pursuant to these rules shall not be applied to any purpose other than institutional library services. Institutional library services budgets shall not be reduced due to receipt of institutional State library aid.
(a) On or before March 1 in each year, each institutional library receiving institutional library services per capita State aid grants according to this subchapter shall prepare and transmit a report to the State Librarian of such information, as the State Librarian shall require, based upon the records and statistics of the preceding calendar year.
(b) On or before August 1 in each year, each institutional library receiving institutional library services developmental or institutional library services incentive State aid according to this subchapter shall prepare and transmit a report to the State Librarian of such information, as the State Librarian shall require, based upon the records and statistics of the preceding fiscal year.
(c) Grant recipients shall be required to submit other reports and financial audits as specified by the State Librarian in the grant announcement.
The rules in this subchapter provide for the maintenance, operation and improvement of municipal branch libraries to meet community needs, pursuant to the provisions of the State Library Development Aid Law, (P.L. 1985, c. 297, N.J.S.A. 18A:74-3.2 through 3.4).
Any municipal public library which receives State aid pursuant to N.J.S.A. 52:27D-178 et seq. and maintains one or more branch libraries is eligible to participate in the program.
(a) Each approvable application shall be assigned to one of the two categories as follows:
1. Municipal branch library assistance for planning; or
2. Municipal branch library assistance for operations and improvements.
(b) The priority of categories and the percentage of funds allocated to each category shall be established each year by the State Librarian.
N.J.A.C. 15:21-9.1 Purpose
The rules in this subchapter provide for assistance to any public library for the evaluation and development of collections, pursuant to the Library Development Aid Law, (Chapter 297, Laws of 1985), N.J.S.A. 18A:74-3.2.
(a) Grants will be made to public libraries to support individual or coordinated collection evaluations and/or user studies.
(b) Grants will be made to public libraries to purchase library materials, either individually or as part of a group of libraries sharing a coordinated collection development plan.
The State Librarian shall determine annually percentages of the total funding to be assigned to each eligible project area.
The rules in this subchapter provide for assistance to libraries to be used for housing, protection, preservation, repair, restoration and maintenance of collections of historical or special interest, pursuant to the provisions of the Library Development Aid Law (Chapter 297, Laws of 1985), N.J.S.A. 18A:74-3.2(c).
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
“Accessibility” means availability of materials for borrowing, consultation, in-house use or reproduction, depending on the nature and condition of the materials and the collections.
“Comprehensive preservation program” means the organization and operation of all activities associated with maintaining library materials for use.
“Comprehensive preservation program development” means the initial steps taken by a library in planning for the establishment of a comprehensive program for preservation of its materials, including consultant visits, reports, and self-studies.
“Condition survey” means a systematic study of a library collection to ascertain its physical state.
“Conservation treatment” means the direct use of chemical and physical procedures to ensure the preservation of library materials.
“Cooperative preservation planning and programs” means planning or programs carried out by a group of libraries concerned with the care, protection and salvage of their collections.
“Housing” means the provision of equipment, products, supplies and appropriate environmental conditions or their creation and maintenance for the long-term storage and maintenance of a collection.
“Identification/inventory” means a descriptive list of items in a collection, giving as a minimum the title, dates, quantity, arrangement, description of significant subject content and estimate of uniqueness, in a format meeting appropriate bibliographic standards.
“Materials” means physical entities of any substance that serve as carriers of information.
“Materials conversion” means the process of converting library materials from one format to another for the purpose of preservation.
“Organization” means the systematic arrangement of the collection to facilitate access.
“Preservation” means the activities and organization associated with maintaining library and archival materials for use, either in their original physical form or in some other permanent and durable format.
“Protection” means any of the various activities, containers and materials which shield library materials from the harmful effects of storage, environmental conditions and use.
“Repair” means the partial rehabilitation of a worn item using high quality, long lasting materials and supplies and accepted, conservationally sound methods.
“Restoration” means any of various processes whereby a deteriorated book or paper document or other library material is returned as nearly as possible to its original condition.
(a) Grants will be made to libraries to increase accessibility to historical or special interest collections through projects including identification/inventory, organization and preservation, condition survey, comprehensive preservation program development, protection, housing, materials conversion, repair, conservation treatment and restoration.
(b) Grants will be available for cooperative preservation planning and programs.
(c) The State Librarian may establish annual priorities for the awarding of funds.
(a) No less than 75 percent of program funding will be used for grant awards to publicly supported libraries.
(b) No more than 25 percent of program funding will be used for grant awards to privately supported libraries.
(c) When there are insufficient eligible applications from publicly supported libraries to account for 75 percent of program funding, remaining funds may be used for privately supported libraries.
SUBCHAPTER 11. PUBLIC LIBRARY PROJECT GRANT PROGRAM
N.J.S.A. 18A:74-24 to 18A:74-28
Source and Effective Date
R. 2001 d.154 effective May 21, 2001
See: 33 N.J.R. 1620
Chapter Expiration Date
Chapter 21, State Library Aid and Grants, expires on November 12, 2017.
The rules set forth in this chapter provide for a Public Library Project Grant Program, which authorizes the Public Library Construction Advisory Board to supervise and administer State funds to assist in the construction, expansion, rehabilitation or acquisition of a public library building, pursuant to the provisions of P.L. 1999, c.184 (N.J.S.A.18A:74-24 et seq.)
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
“Applicant” means the library, municipality, or county providing the matching funds.
“Board” means the Public Library Construction Advisory Board established pursuant to section 3 of P.L. 1999, c.184 (C.18A:74-26).
“Public library” means a municipal, county or joint library established pursuant to N.J.S.A. 40:33-1 et seq. or 40:54-1 et seq.
“Rehabilitation” means extensive renovation, alteration or reconstruction of existing buildings to be used for public library purposes.
“Substantial changes” means a 10 percent or more change in the eligible costs as submitted in the application to the Board.
(a) An eligible applicant is a municipal, county or joint library established pursuant to N.J.S.A. 40:33-1 et seq. or 40:54-1 et seq.
(b) During the calendar year prior to submission of application, the library shall have met all criteria for receipt of State Library Aid (N.J.A.C. 15:21-2.7).
(a) The following projects are eligible for a grant:
1. Construction of a new building to be used for public library purposes;
2. Construction of an addition to an existing building to be used for public library purposes;
3. Acquisition of land on which there is to be construction of new buildings or expansion of existing buildings to be used for public library purposes;
4. Acquisition of a building to be used for public library purposes;
5. Rehabilitation of existing buildings to be used for public library purposes, which may include but is not limited to energy conservation, providing access for the disabled, and bringing facilities into compliance with current health and safety standards. The rehabilitation must be extensive and clearly not routine maintenance and repair; and
6. Any combination of (a) 2, 4 or 5 above. The acquisition of land can be added to the preceding combinations.
(b) All projects shall meet the minimum size criteria in N.J.A.C. 15:21-11.6, e 1 Table A.
1. If the application combines a rehabilitation project, and the construction of an addition, the total floor space of the addition, when added to the floor space of the existing structure, shall meet the minimum size criteria in N.J.A.C. 15:21-11.6 (e) 1 Table A.
(c) For each rehabilitation and/or acquisition project, a building analysis shall be prepared by a registered architect and shall be part of the application. The architect or a building consultant shall prepare a building program and such program shall be submitted as part of the application. The architect shall certify that the rehabilitated structure and all its component parts shall have a life expectancy of 20 years or more. Studies made by the architect regarding the following shall be submitted in substantiation of the suitability and practicality of the acquisition or rehabilitation:
1. The building shall be examined to determine that it is structurally sound;
2. The building shall be examined to determine if it is suitable for acquisition or rehabilitation and upon completion will require no more than normal, annual maintenance;
3. An analysis of the space requirements and allocation of space shall be made to determine if the structure, as acquired or rehabilitated, will meet modern concepts of library services to the community it serves; and
4. An analysis of all mechanical aspects of construction to determine the need for replacement or improvement.
(d) The following projects are ineligible for a grant:
1. A school-public library combination;
2. Any project for which construction has been completed prior to the enactment of P.L. 1999, c.184 (N.J.S.A. 18A:74-24 et seq.) on August 18, 1999;
3. Refurbishing of an existing building (carpeting, painting, etc.) when not part of a rehabilitation project; and
4. Maintenance and repair.
(a) In order to promote the construction of projects in an economical manner, the Board, upon recommendation of the State Librarian, shall periodically set a ceiling on maximum per square foot project cost beyond which project costs will not be eligible in the computation of the State share of funding. Maximum square feet costs of new construction and renovation has been set for:
1. $160.00 per square foot for new construction;
2. $120.00 per square foot for renovation.
(b) Should some portion of the proposed construction be intended for use for other than library purposes, such as municipal offices or a general municipal meeting room, this space may not be included in the computation of available square feet of space. Construction costs relating to these non-public library use areas are not eligible to be used for matching purposes. The application shall clearly designate the non-public library use areas and their related costs. Grant awards shall be reduced by the amount of those related costs.
(c) The cost of any shared space submitted for grant funding shall be prorated on the basis of the percentage of library use. For example, a meeting room that shall be used 50 percent of the time by the public library is eligible for funding at only 50 percent of the cost.
(d) The following project costs shall be eligible for grants, at the discretion of the Board:
1. Construction of new buildings and expansion, rehabilitation or acquisition of existing buildings to be used for public library purposes;
2. Expenses, other than interest and the carrying charge on bonds, incurred after August 18, 1999, related to the acquisition of land on which there is to be construction of new buildings or expansion of existing buildings or acquisition of existing buildings to be used for public library purposes, provided the expenses constitute an actual cost or a transfer of public funds in accordance with the usual procedures generally applicable to all State and local agencies and institutions;
3. Site grading and improvement of land on which buildings used for public library purposes are located or are to be located;
4. Architectural, engineering, consulting and inspection services related to the specific project for which application for financial assistance is made;
5. Expenses relating to the acquisition and installation of equipment to be located in public library facilities, including all necessary building fixtures and utilities, furniture and equipment, such as library shelving and filing equipment, catalogs, cabinets, circulation desks, reading tables, study carrels, and information retrieval devices including video, voice, and data telecommunications equipment and linkages with a useful life of 10 years or more necessary for Internet access, but not including books or other library materials. Only equipment to be used in projects funded under this act is eligible. In no case shall costs for furnishings and equipment that are in excess of 30 percent of the total renovation costs of the project be considered eligible for matching.
(a) All applications shall meet the requirements and criteria of this subchapter. Exceptions may be allowed. Those interested in applying for possible exceptions must request an interview and present a written rationale to the State Librarian. Exceptions will be considered if they fulfill the purposes of the proposed or awarded grant more reasonably or efficiently. The State Librarian will present the request to the Public Library Construction Advisory Board for final approval.
(b) The applicant shall be in possession of a fee simple title or such other estate or interest in the site, including access thereto, as is sufficient to assure undisturbed use and possession of the facilities for not less than 20 years. Ownership of site by the applicant includes ownership of the land by the municipality(ies) of the applicant or the county(ies) in the case of a county or regional library application, provided that such land has been formally dedicated to library use.
(c) The applicant shall have local matching funds for the project (the difference between project costs and the potential grant award) which equal 300 percent of the grant amount before final approval can be given. Within three months following notification of eligibility for a grant award, evidence shall be submitted by the applicant that funds have been appropriated or bonds or debt have been authorized for financing of the project. Such evidence shall include copies of the ordinance of appropriation passed on final reading and approved.
(d) Floor space is meant to include total square footage of space available for public library purposes including outer walls, areas provided for mechanical equipment and maintenance requirements and storage. These areas shall have heat, light and ventilation and square footage commensurate with their purposes.
(e) The estimated population for 10 years after the year in which application is made shall be used to determine the population base of the area served by the applicant library. For areas experiencing a population decline, the population estimate of the New Jersey Department of Labor for one year prior to the fiscal year in which the grant application is made shall be used as the population base.
1. For new construction, the population base as determined above shall be used to compute the minimum project size, as specified in Table A below, required to qualify an applicant for a grant.
|Population to be Served by the Project||Minimum Square Feet of Floor Space|
|Under 10,000||3,500 square feet + .7 square feet per capita over 5,000 pop.|
|10,000-24,999||7,000 square feet + .6 square feet per capita over 10,000 pop.|
|25,000-49,999||16,000 square feet + .45 square feet per capita over 25,000 pop.|
|50,000-99,999||27,250 square feet + .35 square feet. per capita over 50,000 pop.|
|100,000-199,999||44,750 square feet + .25 square feet per capita over 100,000 pop.|
|200,000-499,999||69,750 square feet + .2 square feet per capita over 200,000 pop.|
|Over 499,999||129,750 square feet + .15 square feet per capita over 500,000 pop.|
2. If the project is an addition to an existing building, the new construction shall result in total floor space which, when added to the floor space of the existing structure, shall meet the minimum size criteria as shown in Table A in (e) 1 above.
3. The percentages in Table B below may be used to reduce the floor space requirements in Table A above for the construction, acquisition or renovation of a central library if branch libraries serve the same population.
Population Served by
Central Library Percent of
Allowable Reduction Under 39,999 25 40,000 – 49,999 26 50,000 – 59,999 27 60,000 – 69,999 28 70,000 – 79,999 29 80,000 – 89,999 30 90,000 – 99,999 31 100,000 – 109,999 32 110,000 – 119,999 34 120,000 – 129,999 36 130,000 – 139,999 38 140,000 – 149,999 40 150,000 – 159,999 42 160,000 – 169,999 44 170,000 – 179,999 46 180,000 – 189,999 48 190,000 – 199,999 50 200,000 – 209,999 52 210,000 – 219,999 54 Over 219,999 55
(f) Library buildings and facilities shall be designed in accordance with State and Federal minimum standards for providing barrier-free access for the physically handicapped.
(g) All New Jersey labor laws and regulations shall be adhered to when applicable.
(h) All contracts shall be awarded to the lowest qualified bidder on the basis of open competitive bidding as specified in the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
(i) Local and State codes with regard to fire and safety shall be observed. In situations where local fire and safety codes do not apply, recognized State codes shall be observed.
(j) Building plans shall be prepared by an architect licensed by the State of New Jersey.
(a) General provisions for priorities for the receipt of construction grants shall include the following:
1. Applicants submitting an application for only one project shall be considered first priority projects.
2. Applicants submitting an application for more than one project shall rank each project in order of priority.
3. Those applications properly submitted and found to be in an approvable form shall first be assigned to first or second priority.
i. First priority in award of grant shall be given to projects designated by the applicant as first priority projects; and
ii. Second priority in award of grant shall be given to projects designated by the applicant as second priority.
4. All first priority applications fulfilling the criteria of this subchapter shall be awarded grants before applications of the second priority are funded. Availability of funds and number of applications within each priority grouping shall, within any one fiscal year, determine the projects to be funded.
(b) Library building projects funded under this subchapter are ineligible to apply for additional funding from this grant program for five years after the initial award.
(a) The State share of eligible project costs of any project eligible for a grant shall be no more than 25 percent.
(b) When actual costs are less than the amount approved, the grant award shall be reduced to reflect actual amounts.
(c) When actual costs exceed the amount approved, the grant award shall not exceed the original amount requested in the application.
(a) Application for a grant shall be in a completed official form available from the New Jersey State Library. The application will consist of a description of the project; general and specific project nformation; a cost estimate; a computation of project financing; and requirements for documents to be submitted as part of the application. Documents to be submitted shall be: an application and resolution(s) to apply; a written plan for service including a building program and community analysis; schematic plans which include a site plan, elevations, floor plans with furniture layouts; outline of specifications; cost estimates; legal description of the site and copy of deed; statement of compliance with minimum criteria for receipt of State Library Aid or a justification for not meeting the minimum criteria; a comprehensive plan for total system development for branch library projects; certification as to its suitability from an architect for the rehabilitation or purchase of a library building; bond ordinance or resolution of intent to provide funding; statement of pro-ration of eligible costs if applicable; statement of compliance with state and federal regulations regarding state and federal minimums for providing barrier-free access, applicable New Jersey labor laws, and the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
(b) The application shall be made by the body charged with the responsibility for the establishment and maintenance of the library (board of trustees or county library commission, or county board of chosen freeholders, as appropriate).
(c) If a library facility is to be constructed by a municipality with the provision that it be equipped, stocked, staffed or supported by a library not an agency of that municipality (for example, a municipally constructed building which will be operated by a county library as a branch library), the application shall be in the name of the municipality. The application shall be signed by the mayor or chief financial officer and cosigned by an officer of the governing body of the library that is providing services.
(d) The person authorized to submit the application shall be an officer of the body named as applicant, preferably, the president or chairperson of this body. A statement to be signed and completed by the responsible officer of the applicant, for example, secretary of a board of trustees, shall certify this authorization. If the application is submitted under (c) above, an individual from each body shall be authorized and certified. The signature of each authorized person is required on the application.
(e) Any substantial changes or revisions affecting the application, after the application is submitted, including any structural changes in the building plans, shall be submitted on appropriate forms for approval. The Board shall have the power to revoke approval of any application or grant for failure to submit and receive approval of substantial changes in the application.
(f) Full approval of the proposed construction project must be given by the Public Library Construction Advisory Board and the Joint Budget Oversight Committee or its successor before any funds are allocated.
(a) The application shall be reviewed by the program manager for completeness and compliance with law and regulations. The program manager may request additional information or clarification.
(b) After the preliminary review by the program manager, the application shall be reviewed by a committee established by the Board.
(c) The committee established in (b) above shall then make recommendations to the Board.
(a) Failure to comply with any of the rules set forth in this subchapter shall make an applicant ineligible for funding.
(b) Architectural or engineering supervision and inspection shall be provided by the applicant at the construction site to ensure that the completed work conforms to the approved plans and specifications. For the purpose of inspection, representatives of the State Librarian shall have access at all reasonable times to all construction work being funded under the New Jersey Public Library Project Grant Program. The owner and contractor shall be required to facilitate such access and inspection.
(c) Construction shall be initiated and completed in a reasonable period of time. The time limit for completion shall be measured from the date of application approval. Construction shall be completed according to the following schedule:
Total Eligible Project Cost Maximum Construction Period Under $1,000,000 One Year Over $1,000,000 Two Years
(d) In the event that construction is not completed according to the timeline in (c) above, the State Librarian with the approval of the Public Library Construction Advisory Board has the authority to rescind the balance of the approved grant.
(e) The grant shall be paid to the applicant in three installments as shown below, but only upon receipt of satisfactory evidence of completion of each phase.
1. Forty percent upon approval of the award of construction contract(s); Satisfactory evidence may be minutes of the body approving the award; copies of title pages of contracts with necessary signatures; letters of award; or other proofs of award of contract;
2. Fifty percent when construction is 50 percent complete and upon submission of architect’s certification; and
3. Ten percent upon receipt of a temporary certificate of occupancy and project expenditure report.
(f) Upon approval of the grant, applicants shall enter into a contractual agreement with the New Jersey Educational Facilities Authority. Each agreement shall include provisions as may be necessary to ensure that the applicant shall provide an amount equal to 300 percent of the grant amount.
Appeals from any action of the Board regarding the rules in this subchapter may be requested, and opportunity given for an informal fair hearing before the Board. In the event of an adverse decision after such informal hearing, applicants may request a formal hearing pursuant to N.J.S.A. 18A:6-9 et seq., 18A:6-24, 18A:6-27 and Reorganization Plan 002-1996. Such hearing shall be governed by the provisions of the Administrative Procedure Act (see N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., as implemented by the Uniform Administrative Procedure Rules, N.J.A.C.1:1).
SUBCHAPTER 12. MUNICIPAL ANNUAL MANDATORY LIBRARY APPROPRIATION FOR THE MAINTENANCE OF A FREE PUBLIC LIBRARY
N.J.A.C. 15:21-12.1 Purpose and applicability of rules
These rules are adopted by the State Librarian pursuant to N.J.S.A. 18A:74-1 et seq. In addition, these rules are adopted in order to clarify N.J.S.A. 40:54-8, and 40:54-29.4 as well as to consolidate and clarify by rule requirements related to municipal and joint free public libraries in this State. These rules supplement, in part, the rules adopted to clarify the funding formula regarding the financing of free public municipal libraries pursuant to N.J.S.A. 40:54-8 and 40:54-29.4 and Title 15 of the New Jersey Administrative Code. These rules are adopted in order to ensure that free public municipal libraries and joint free public libraries in the State are adequately funded, as required by law, to support the delivery of free public library services, as defined by N.J.S.A. 40:54-1 et seq.
These rules apply to all municipal and joint free public libraries. To the extent that these rules are inconsistent with any other rules in this chapter and N.J.A.C. 5:30-12, these rules shall take precedence.
N.J.A.C. 15:21-12.3 Definitions
As used in this chapter, unless the context clearly indicates otherwise, the following words and terms shall have the following meanings:
Annual mandatory library appropriation means the annual appropriation of a municipal governing body for the eligible costs of the municipal or joint free public library pursuant to N.J.S.A. 40:54-8 and N.J.S.A. 40:54-29.4. The minimum annual appropriation must be a sum equal to one-third of a mill on every dollar of taxable value of each property within the municipality based on the equalized valuation of such property as certified by the Director of the Division of Taxation in the Department of the Treasury.
Capital expense means the funds appropriated to or required for furnishings, equipment (including computer hardware and software) and initial collections (print, non-print, electronic) for new buildings, building additions or building renovations; periodic major projects such as the upgrade of computer hardware and software, and the replacement of roofs, and heating, ventilation and air conditioning systems; and site acquisition, new buildings, and additions to or renovations of library buildings.
Debt means an obligation to pay a fixed sum of money, in a definite time, with a stated interest rate.
Debt service means the cost of financing and includes periodic payments of principal and interest upon municipal debts issued to finance the acquisition of library sites and the purchase or construction of library facilities, additions to library facilities, or the reconstruction, remodeling, alteration, modernization, renovation or repair of library facilities, including furnishings, equipment, architect fees and the costs of issuance of such obligations and shall include payments of principal and interest upon municipal debt heretofore issued to fund or refund such obligations and upon municipal bonds and other obligations.
District board of education means the local board of education or State district superintendent in the case of a State-operated district. It includes a local or regional school district established pursuant to N.J.S.A. 18A:8-1 et seq. or 18A:13-1 et seq., a county special services school district established pursuant to N.J.S.A. 18A:46-1 et seq., a county vocational school district established pursuant to N.J.S.A. 18A:54-1 et seq., and a State-operated school district established pursuant to N.J.S.A. 18A:7A-34 et seq.
Division of Local Government Services means the Division of Local Government Services in the New Jersey Department of Community Affairs.
Eligible costs means actual or fair market value of reasonable and necessary costs incurred in connection with the direct operation of a free public library to provide library services. Costs may include, but are not limited to, salaries, wages and benefits for specially trained library personnel to facilitate the purchasing, circulation and access of materials and information, and appropriately trained and credentialed management as well as support staff to directly support library personnel and technology and communication expenses. Other eligible costs include library materials; required and routine maintenance for the library facility subject to these rules; equipment used for the provision of library services; equipment or software purchased with a lease purchase agreement of less than five years; personnel and equipment that provide security for the library facility subject to these rules; furniture; technology and communication expenses related to the provision of library services; technology or communication expenditures related to wiring, telephones, Internet access, servers, personal computers or software; capital expenses meeting the criteria as defined in N.J.A.C. 15:21-12.5(c); and other expenditures directly related to the provision of library services or in support of such services.
Equalized valuation means the true value of real property within a local taxing district as calculated by the Division of Taxation in the New Jersey Department of Treasury, and computed from the aggregate assessed valuation and actual sales of property, used to distribute equitably State school and library aid, and measure municipal debt limits.
Equipment means machines necessary to store, access, copy or circulate information or cultural material; machines necessary to administer library functions and data collection, including but not limited to, fiche and film readers, photocopy machines and electronic usage counters, electronic security and computers.
Ineligible costs means costs that are not considered as eligible costs, which shall include, but are not limited to, lease payments on equipment or software purchased with a lease purchase agreement of five years or more; costs that exceed the actual or fair market value of the goods or services provided; rent paid to the municipality for library use of municipal facilities or equipment; debt service; and those capital expenses not meeting the criteria as defined in N.J.A.C. 15:21-12.5(c).
Joint free public library means any library eligible for advisory services from the State Library as provided in N.J.S.A. 18A:73-33 and having been established by ordinance of participating municipalities under N.J.S.A. 40:54-29.3 et seq.
Landlord means a private entity or district board of education that owns or administers property (including land or the land and buildings); or a private entity or district board of education that collects payments from renters or lessees for the use of the land or space in the buildings on a property.
Lease purchase agreement means any agreement pursuant to which the municipal or joint free public library, as lessee, leases equipment or software, and gives the library the option of purchasing the leased property during or upon termination of the lease, with credit toward the purchase price of all or part of rental payments which have been made by the library in accordance with the lease purchase agreement.
Library materials means publications and services incidental thereto, including, but not limited to, books, periodicals, newspapers, CDs, documents, DVDs, educational games, pamphlets, photographs, reproductions, microfilms, pictorial or graphic works, musical scores, maps, charts, globes, realia, sound recordings, audio books, slides, films, filmstrips, video, magnetic tapes, e-books, e-serials, databases, electronic files, software, other printed and published matter, and audiovisual and other materials of a similar nature and necessary binding or rebinding of library materials, and specialized computer software used as a supplement or in lieu of books or reference material.
Maintenance of a free public library means eligible costs of the municipal library and exclusive of ineligible costs including those capital expenses not meeting the criteria of N.J.A.C. 15:21-12.5(c).
Municipal or joint free public library means any library eligible for advisory services from the State Library as provided in N.J.S.A. 18A:73-35 and having been established by referendum of a municipality pursuant to N.J.S.A. 40:54-1 et seq.
Rent or lease payment means the agreed upon amount that a renter or lessee pays periodically at fixed intervals to a landlord or owner for use or occupancy of the owners property or equipment.
Required maintenance means specific maintenance activities required for system warranty purposes which are approved for repairs and replacement parts for the purpose of keeping a library facility subject to these rules open and safe for use or in its original condition, including repairs to and replacement parts for a library facilitys heating, lighting, ventilation, security and other fixtures to keep the facility or fixtures in effective working condition, and which does not consist of replacement of the system.
Routine maintenance means contracted custodial or janitorial services, expenditures for the cleaning of a library facility subject to these rules or its fixtures, the care and upkeep of grounds or parking lots, and the cleaning of, or repairs and replacements to, movable furnishings and equipment.
Security means personnel specifically hired and to patrol the library facility subject to these rules and outside areas dedicated to library use as well as equipment and software used to provide safety and defense against theft or harm to persons or property.
State support means State library aid as described in N.J.S.A. 18A:74-1 et seq. and includes Per Capita, Audiovisual, Emergency and Incentive Aid.
State Library means the New Jersey State Library, which is affiliated with Thomas Edison State College pursuant to N.J.S.A. 18A:73-26.
N.J.A.C. 15:21-12.4 Annual municipal or joint free public library funding
(a) Pursuant to N.J.S.A. 40:54-8 and 40:54-29.4, municipalities are required to provide an annual mandatory library appropriation.
(b) Municipalities that elect to appropriate additional funding for municipal or joint free public libraries more than 15 percent above the previous years total municipal expenditures for such library may do so upon application and approval from the State Librarian, as required by N.J.S.A. 40:54-8.1. Municipalities that chose to appropriate this additional amount are required to submit the following information to the State Librarian:
1. A prioritized itemized list that delineates the proposed use of the funds; and
2. Justification that supports the provision of efficient and effective library services.
(c) Municipalities may appropriate an additional sum greater than the annual mandatory library appropriation.
(d) Municipalities are required to expend money raised as per N.J.S.A. 40:54-8 and N.J.S.A. 40:54-29.4 in full to the treasurer of the board of trustees, or into a reserve account retained in the custody of the municipal treasurer to be disbursed by same after approval by the board of trustees of the free public library as provided by N.J.S.A. 40:54-13. Municipalities which structure the expenditure of the library appropriation into periodic payments, shall make such periodic payments to the treasurer in advance at a rate of no less than 25 percent of the total annual appropriation in quarterly installments.
(e) In those municipalities where the annual library appropriation pursuant to N.J.S.A. 40:54-8 and N.J.S.A. 40:54-29.4 is retained in the custody of the municipal treasurer and disbursed by him or her after approval by the board of trustees of the free public library, any prior year unexpended funds remaining from the annual mandatory library appropriation shall be retained in the library-controlled account dedicated for eligible purposes, as defined in N.J.A.C. 15:21-12.3 and 12.5, for the maintenance of such municipalitys public library.
N.J.A.C. 15:21-12.5 Eligible municipal or joint free public library costs that may be supported with the annual mandatory library appropriation
(a) The annual mandatory library appropriation shall be expended by the library board of trustees for eligible costs as defined in this chapter.
(b) Rent may be considered an eligible cost from annual mandatory library appropriation if such rent is paid to a private entity or a school district and is comparable with the fair market value for rent in the municipality based on a cost per square footage.
(c) Capital expense paid for by the library board of trustees with funds from the annual mandatory library appropriation may be considered an eligible cost for the library board of trustees if:
1. All conditions of N.J.S.A. 40:54-1 et seq. and N.J.A.C. 15:21-2 are met;
2. There are sufficient funds remaining for the maintenance of the library for the balance of the year in which the funds are saved or the cost occurs; and
3. The library board of trustees has a written plan of at least three years that reflects that the long-term capital expense will contribute to the provision of efficient and effective library services, and that the plan will be made available to the State Librarian upon request.
N.J.A.C. 15:21-12.6 Ineligible municipal or joint free public library costs that may not be supported with the annual mandatory library appropriation
(a) The annual mandatory library appropriation shall not be expended by the library board of trustees for ineligible costs as defined in this chapter and including:
1. Debt or lease payments made to a municipality;
2. Rent or lease payments made to a municipality;
3. Capital expenses not meeting the criteria of N.J.A.C. 15:21-12.5(c); and
4. Debt service costs.
(b) Municipal and joint free public libraries that are not in compliance with (a)1, 3, and 4 above on January 16, 2007 may apply by January 16, 2008 to the State Librarian for a limited extension to continue to use the annual mandatory library appropriation for debt or lease payments made to a municipality, capital expenses not meeting the criteria of N.J.A.C. 15:21-12.5(c) and debt service costs. In order to be considered eligible, the applicant must include a plan to phase out the use of the annual mandatory library appropriation for these costs.
N.J.A.C. 15:21-12.7 Annual municipal and joint free public library reports and audit
(a) Pursuant to N.J.S.A. 18A:74-11, each library receiving State aid shall annually make and transmit a report to the State Librarian on or before a date designated by the State Librarian and based on a fiscal year, the statute not withstanding. Each library and municipality applying for per capita state aid will meet this requirement through the annual submission of the survey, application and certification. This report will contain such information, based upon the records and statistics of the preceding fiscal year, as the State Librarian shall require and will include the following elements:
1. A statement setting forth in detail all public revenues received by the library including the amount of the annual mandatory library appropriation expended by the municipality to the library; or if budget appropriations are customarily retained in the custody of the municipal treasurer and disbursed after approval by the board of trustees of the free public library, the annual amount appropriated and expended to the treasurer of the board of trustees or held in a reserve account for the exclusive use of the library trustees;
2. State aid received by the library;
3. Expenditures made by the library and the balance of funds available including balances from the annual mandatory library appropriation. The library trustees through resolution shall duly authorize all such expenditures;
4. An analysis of the state and condition of the library facility prepared by the Library Director, as the State Librarian shall require;
5. A statement that an annual audit has been conducted as required by N.J.S.A. 40A:5-4 et seq. and described in N.J.A.C. 5:30-6.1; and
6. A statistical report of general information, the number and categories of employees, the number and types of library material holdings, service statistics, salary information and trustee information as the State Librarian shall require.
(b) Pursuant to N.J.S.A. 40:54-15, the board of trustees shall make an annual report to the State Librarian. Each library and municipality applying for per capita State aid will meet this requirement through the annual submission of the survey, application and certification. All libraries not applying for per capita State aid shall report those elements as required in (a)1 through 5 above, and shall annually submit to the State Librarian a certified audit of the prior year.
(c) Pursuant to N.J.S.A. 40:54-15, the board of trustees shall make an annual report to the chief financial officer of the municipality which shall include a statement setting forth in detail all public revenues received by the library, all State aid received by the library, all expenditures made by the library and the balance of funds available. The annual report shall also include an analysis of the state and condition of the library and shall be sent to the municipal governing body.
(d) A certified audit of the library board of trustees shall be performed annually as required by N.J.S.A. 40A:5-4 et seq. and described in N.J.A.C. 5:30-6.1. In some cases, all budget appropriations, fines, fees and all other income of the library are retained in the custody of the municipal treasurer in an account reserved for the library and disbursed by the municipal treasurer after approval by the board of trustees of the free public library. If the municipal audit includes a thorough audit of the librarys finances, including demonstration that the library board of trustees duly authorized all expenditures, then the municipal audit will meet this requirement.
N.J.A.C. 15:21-12.8 Withholding of State support for non-compliance
(a) Pursuant to N.J.S.A. 18A:73-35(f) and 18A:74-12, the State Librarian may withhold State support and request that the State Department of Treasury withhold funds to any municipal or joint free public library or municipality that fails to comply with the rules and standards which are prescribed by law or by the State Librarian.
(b) Pursuant to N.J.S.A. 40A:4-77, the Division of Local Government Services shall not approve a municipal budget unless the budget has been adopted in accordance with all other provisions of law, including, but not limited to, this subchapter.
N.J.A.C. 15:21-12.9 Appeals procedures
(a) Upon failure to comply with this subchapter, the library board of trustees may appeal to the State Librarian upon written request for a determination that expenditures are or were not in compliance with this subchapter during a specific fiscal year. Written notice of the library board of trustees appeal shall be provided to the municipality.
(b) Within 30 days of written notice, the library board of trustees may submit to the State Librarian a written response to the appeal, and either party may request an informal hearing before the State Librarian. The parties shall provide information concerning municipal and library expenditures during the fiscal year at issue upon request of the State Librarian.
(c) The State Librarian shall issue a written decision to the library board of trustees, with copies to the municipality and to the Division of Local Government Services. A determination by the State Librarian that expenditures during a fiscal year were not in compliance with this chapter may result in sanctions for non-compliance including the withholding of State Support for subsequent fiscal years as provided above in N.J.A.C. 15:21-12.8.
Last Updated: December 23, 2011.