40:54-29.9 Procedure for amendment of joint library agreement.

7. a. The joint library agreement may be amended by agreement among the parties thereto but such amendments shall not become effective until approved in each of the participating municipalities by ordinance, which ordinances may incorporate such amendments by reference.

b. (1) The governing body of each municipality shall, by resolution, submit to the voters of the municipality, at a general election, a proposition to change the rate of the tax required to annually be raised to support the joint free public library agreement and, pursuant to section 15 of P.L.1959, c.155 (C.40:54-29.17), as deemed appropriate for the proper maintenance of a joint free public library; provided, however, that the rate in the proposition shall not be lower than one-third of a mill on every dollar of assessable property within the participating municipalities based upon the equalized valuation of such property within the combined municipalities as certified by the Director of the Division of Taxation in the Department of the Treasury in accordance with the provisions of R.S.54:4-49. Upon approval of the proposition by a majority of the votes cast by the voters of the municipality, the governing body of the municipality shall implement it in the manner set forth in section 15 of P.L.1959, c.155 (C.40:54-29.17).

(2) Upon petition to the governing body of a municipality signed by qualified voters of the municipality equal in number to at least 15 percent of the votes cast therein at the last preceding general election, filed with the clerk of the municipality at least 90 days before a general election, the governing body shall submit to the voters of the municipality, at the general election, a proposition otherwise authorized pursuant to paragraph (1) of this subsection.

(3) A proposition under this subsection shall not be submitted to the voters of a municipality more than once in any three-year election period.

(4) An additional sum raised by taxation for a joint free public library required by a proposition approved pursuant to this subsection shall be exempt from the limitation set forth in section 5 of P.L.1985, c.541 (C.40:54-8.1) for the first tax year in which the proposition is implemented and shall not be considered excess funds as set forth in R.S.40:54-15.

(5) If a proposition is approved pursuant to this subsection changing the rate of tax required to annually be raised to support the joint free public library agreement, the information required to be printed upon the property tax bill pursuant to R.S.54:4-65 shall be adjusted accordingly and shall be reflected on a single line of the property tax bill.

(6) Whenever one municipality in a joint free public library system changes the rate of its dedicated joint free public library tax rate, any of the participating municipalities in that joint free public library system may demand that the joint free public library agreement be amended or renegotiated.

(7) A proposition approved pursuant to this subsection establishing a tax rate higher than one-third of a mill shall expire after 10 tax years or after the tax year in which a new proposition establishing a different tax rate is approved, whichever occurs first. The tax rate shall revert to one-third of a mill upon the expiration of a higher tax rate.

c. Following the effective date of P.L.2011, c.38 (March 21, 2011), the Director of the Division of Local Government Services in the Department of Community Affairs shall decrease the municipality's adjusted tax levy pursuant to subsection d. of section 11 of P.L.2007, c.62 (C.40A:4-45.46) by the amount raised by taxation for a joint free public library pursuant to this section so that there is no net impact on the amount of the adjusted tax levy available to the municipality for non-library purposes pursuant to section 9 of P.L.2007, c.62 (C.40A:4-45.44).

d. Such additional sum, as in the judgment of the municipal governing body or appropriate board of the municipality, is necessary for the proper maintenance of a joint free public library, may be appropriated in the municipal budget from the general purposes municipal tax levy.

L.1959, c.155, s.7; amended 2017, c.260, s.3.