NJLA: New Jersey Library Association

Governor Christie has recommended the following funding levels for library programs in the FY13 State Budget. The budget is now being reviewed by the Assembly Budget Committee and the Senate Budget and Appropriations Committee who can make changes to the Governor’s recommendations. The final state budget must be passed by the Legislature and signed by the Governor by June 30, 2012.

The amount of funding for the NJ Library Network remained unchanged at $4,299,000.
The amount for funding for the State Per Capita aid program is unchanged at $3,676,000
The amount of funding for the operational NJ State Library is $5,194,000.
State funding for library programs was significantly reduced in the FY11 state budget by 42% from the amount in the FY10 budget.
The proposed FY13 budget keeps funding for library programs at the FY11 level.

Patricia Tumulty, NJLA Executive Director, testified before both budget committees urging restoration of state support for local libraries. Her testimony is at: http://www.njla.org/statements/budget_testimony_2013.pdf

FY12 State Budget

The FY12 State Budget was signed into law on June 30. The NJ Legislature had passed a budget which would have provided an additional $3.5 million for the state per capita aid program. This increase would have raised the level of funding for that program to $7,176,000 million- the same amount in the last budget of the Corzine administration. Unfortunately, Governor Christie vetoed that increase in the final budget before he signed the bill. The NJ Senate did not attempt to override the Governor’s veto of this line item. Therefore, the amount for the state per capita aid program remains at $3,676,000.

The amount of funding for the NJ Library Network remained unchanged at $4,299,000.
The amount of funding for the operational NJ State Library is $5,087,000.
State funding for library programs was significantly reduced in the FY11 state budget by 42% from the amount in the FY10 budget.
The FY12 budget keeps funding for library programs at the FY11 level.

RECENTLY ENACTED LIBRARY LEGISLATION

P.L. 2011, c.38 (S2068/A2679/A3240) Provides dedicated line item on property tax bill to fund municipal free public libraries and joint free public libraries. Primary sponsors Senator Nia Gill ( District 34), Assemblyman Uprendra Chivukula ( District 17),Assemblyman Ruben Ramos ( District 33), Assemblywoman Valerie Vainieri Huttle ( District 37) and Assemblyman Frederick Scalera ( retired). Co-sponsored by Senator Sandra Cunningham ( District 31) and Assemblywomen Amy Handlin ( District 13), Mila Jasey ( District 27) and Assemblymen John McKeon ( District 27), Jason O’Donnell ( District 31), Thomas Giblin (34).

Testimony of Patricia A. Tumulty before the Assembly Housing and Local Government Committee Oct. 18, 2010 http://www.njla.org/statements/housing_local_gov.pdf

Local Finance Notice to implement the law http://www.state.nj.us/dca/lgs/lfns/11lfns/2011-14.doc

FAQ on new legislation: http://www.njla.org/statements/municipaltax_faq.pdf

Sample press release: http://njla.org/statements/taxbill.pdf

P.L. 2010, c. 83 (A2911 / S2070) Requires transfer of municipal free library surplus amounts above 20% to municipality for its general purposes, which may include property tax relief. Sponsored by Assemblyman Vincent Prieto ( District 32), Assemblywoman Joan Quigley (District 32) Senator Nicholas Sacco (District 32) Senator James Beach (District 6).Passed both Houses of the Legislature on June 28, 2010.NJLA opposed this legislation for several reasons. The legislation was unnecessary since it amended a voluntary process which had been working very well for several years. The new legislation removed protections for county libraries and removed over site by the New Jersey State Library. This legislation was subsequently conditionally vetoed by Governor Christie. Veto message at: http://www.njleg.state.nj.us/2010/Bills/A3000/2911_V1.HTM. The Governor put back many of the safeguards which the library community requested. Amends P.L. 2008 c. 8. S429/A1265 signed into law on April 7, 2008.

The Assembly passed the bill with the Governor’s recommendations on Sept. 20, 2010. The Senate passed the bill with the Governor’s recommendations on Oct. 18, 2010. The bill was signed by Governor Christie on Oct. 27, 2010 as P.L. 2010, c. 83.
New Jersey State Librarian will administer the new law. Information from the NJ State Library on implementing the new law is at: http://ldb.njstatelib.org/ldb_files/NJSA40_54-15.doc

http://njla.org/legislative/return_of_funds_faq.pdf

Q&A: Transfer of Excess Library Funds to the Municipality
The new legislation permits library boards to retain funds for capital projects. Sample resolution at: http://www.njla.org/legislative/reservecapitalfunds.pdf

P.L. 2011, c.224 (A3971/S3110). Prohibits municipal library trustees from transferring donated funds to municipality. Prime sponsors were Assemblyman Craig Coughlin (District 19), Assemblyman Daniel Benson ( District 14) and co-sponsors by Assemblyman Upendra Chivukula (District 17), Senators Joseph Vitale ( District 19), Nia Gill (District34), Diane Allen (District 7) and Linda Greenstein (District 14.)

P.L. 2009, C.141-Concerns Citizen Service on Municipal Authorities, Boards and Commissions. Requires municipal officials including library trustees to take an oath of office.

PENSION LEGISLATION AND HEALTH CARE LEGISLATION

The following legislation was signed into law and makes revisions to the state pension and health system. The P.L. 2011, c. 78 (S2937/A4133) was signed into law on June 29, 2011. For more information see: http://www.njslom.com/pension-health/2011-0624-pension-changes.html

The Department of Community Affairs, Division of Local Government Services has issued Local Finance Notice 2011-34 providing supplemental guidance on the 2011 Health Benefit reforms.

The “NEW JERSEY FIRST ACT” Residency Requirements for Public Employees

P.L. 2011, c.70 took effect on September 1, 2011. The new law establishes new residency requirements for all public employees and officers at all levels and types of New Jersey government agencies. The NJ Department of Community Affairs, Division of Local Government Services, issued Local Finance Notice 2011-30 summarizing the key elements of the law and providing interpretative guidance on its application and any exceptions to the new law. Current employees are not impacted by this legislation. Please consult your attorney if you have any questions.

PENDING LEGISLATION

Dissolution OF Free Public Libraries
S1358 by Senator Joseph Penacchio (District 26). It is in the Senate Community and Urban Affairs Committee. The bill would proscribe the referendum process which a municipality must follow to dissolve a municipal public library. Referred to the Senate Community and Urban Affairs Committee.
(NJLA is proposing amendments to this legislation.)

NJLA SUPPORTS THE FOLLOWING LEGISLATION

A199
Requires certain cable television companies to offer free Internet access to public Libraries. Sponsored by Assemblymen Wayne DeAngelo(District14) and Craig Coughlin ( District 19) Referred to the Assembly Telecommunications and Utilities Committee. Companion bill S994 (see below).

S994
Requires certain cable television companies to offer free Internet access to public Libraries. Sponsored by Senator Linda Greenstein ( District 14). Referred to the Senate Economic Growth Committee.

A1090
Creates the option to make a voluntary contribution for the support of local Libraries on gross income tax returns. Sponsored by Assemblywoman Annette Quijano (District 20). Referred to the Assembly Housing and Local Government Committee.

NJLA OPPOSES THE FOLLOWING LEGISLATION

A1565
Revises requirement that Library tax be assessed against equalized value of property. Sponsored by Assemblyman John Wisniewski (District 19). Referred to the Assembly Housing and Local Government Committee.

A2074
Permits municipal board of library commissioners to reduce library tax rate when municipality acquires new ratables. Sponsored by Assemblywoman Nancy Munoz (District 21). Referred to the Assembly Housing and Local Government Committee

Federal Legislation

ALA District Dispatch (the latest from the American Library Association’s Washington Office)

H.R. 1616 Workforce Investments through Local Libraries Act' or the `WILL Act'. To amend the Workforce Investment Act of 1998 to integrate public libraries into state and local workforce investment boards, and for other purposes. Sponsored by Representative Rush Holt ( NJ-12) and co-sponsored by six others congressmen including Representative Donald Payne(NJ-10) and Representative Albio Sires (NJ-13) NJLA supports this legislation.
H. R. 3776 SKILLS Act Strengthening Kids’ Interest in Learning and Libraries Act. Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to require the inclusion of effective school library programs in school improvement programs. Sponsored by Representative Rush Holt (NJ-12) and Rep. Raul Grijalva. Referred to the House Committee on Education and the Workforce.
S. 1328 SKILLS Act ( companion to H.R. 3776) Sponsored by Senator Jack Reed. Referred to Committee on Health, Education, Labor, and Pensions.
NJLA supports this legislation.

H.R.3261 Stop Online Piracy Act . (SOPA) Sponsored by Rep. Lamar Smith.
Sponsor: Rep Smith, Lamar [TX-21] (introduced 10/26/2011)
Related Bills: S.968, S.1228 Stop Online Piracy Act - Authorizes the Attorney General (AG) to seek a court order against a U.S.-directed foreign Internet site committing or facilitating online piracy to require the owner, operator, or domain name registrant, or the site or domain name itself if such persons are unable to be found, to cease and desist further activities constituting specified intellectual property offenses under the federal criminal code including criminal copyright infringement, unauthorized fixation and trafficking of sound recordings or videos of live musical performances, the recording of exhibited motion pictures, or trafficking in counterfeit labels, goods, or services.
S.968 Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PIPA)
Sponsor: Sen Patrick Leahy [VT] H.R.3261 Latest Major Action: 1/23/2012 Senate floor actions. Status: Cloture motion on the motion to proceed to S. 968 withdrawn by unanimous consent in Senate.
NJLA opposes both SOPA and PIPA.

USA PATRIOT ACT
Congress has extended the three key sections of the USA Patriot Act including section 215( commonly called the library records provision) until June 1, 2015. More information can be found http://www.districtdispatch.org/2011/05/congress-renews-usa-patriot-act-without-needed-reforms/

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