New Jersey Administrative Code › Title 15 - STATE › Chapter 21 - STATE LIBRARY AID AND GRANTS › Subchapter 12 - MUNICIPAL ANNUAL MANDATORY LIBRARY APPROPRIATION FOR THE MAINTENANCE OF A FREE PUBLIC LIBRARY › Section 15:21-12.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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 40:54-8 and 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 18A:8-1 et seq. or 18A:13-1 et seq., a county special services school district established pursuant to 18A:46-1 et seq., a county vocational school district established pursuant to 18A:54-1 et seq., and a State-operated school district established pursuant to 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 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 15:21-12.5(c).
"Joint free public library" means any library eligible for advisory services from the State Library as provided in 18A:73-33 and having been established by ordinance of participating municipalities under 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 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 18A:73-35 and having been established by referendum of a municipality pursuant to 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 owner's 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 facility's 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 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 18A:73-26.