State Codes and Statutes

Statutes > New-jersey > Title-40 > Section-40-33 > 40-33-13b

40:33-13b.   Withdrawal from county library system
     Any municipality which is a member of a county library system pursuant to R.S. 40:33-1 on the effective date of this amendatory and supplementary act shall continue as a member of the county library system unless the governing body of the municipality determines by resolution to propose withdrawing from that system and establishing a free public library or a joint free public library.

    Following the adoption of that resolution and after a public hearing held thereon the governing body shall cause the question of withdrawal from the county library system to be submitted to the legal voters of the municipality at an election to be held in the manner provided for the establishment of free public libraries pursuant to R.S. 40:54-1 et seq.

    The question shall be submitted in one of the following forms:

  

    a.   "If in favor of the public question printed below mark a cross (X), or plus (+) in the square at the left of the word YES, and if opposed to the public question printed below mark a cross (X) or plus (+) at the left of the word NO.

        .      .      .                                  .   

                YES     Shall ........... (name of

                      municipality) withdraw from the

                      county library system pursuant

                      to P.L. 1985, c. 541

                 NO   (C. 40:33-13b) and establish a

                      free public library pursuant

                      to the provisions of chapter 54

                      of Title 40 of the Revised

                      Statutes?"

   

        .      .      .                                  .

    b.   "If in favor of the public question printed below mark a cross (X), or plus (+) in the square at the left of the word YES, and if opposed to the public question printed below mark a cross (X) or plus (+) at the left of the word NO.        .      .      . .   

                YES     Shall ........... (name of

                      municipality) withdraw from

                      the county library system pursuant

                      to P.L. 1985, c. 541 

                 NO   (C. 40:33-13b) and unite with

                      ....... (name of other municipality

                      or municipalities) and establish

                      a joint free public library

                      pursuant to the provisions of

                      chapter 54 of Title 40 of the

                      Revised Statutes?"

   

        .      .      .                                  .

    If a majority of the voters approve the withdrawal from the county library system, the municipal governing body shall provide the county governing body with notice of its intent to withdraw from the county library system.  Such notice shall not become effective until January 1 of the year following the year in which the notice was given and shall provide that the municipality remain a member of the county library system for two years after the effective date of the notice.

    Any municipality which withdraws from the county library system and which fails to comply with the provisions of this section shall be required to provide the county library with financial support in the manner provided in chapter 33 of Title 40 of the Revised Statutes for a period of two years from the year of the municipality's withdrawal from the system.

    Nothing in this section shall prevent a municipality from establishing a municipal free public library pursuant to chapter 54 of Title 40 of the Revised Statutes.

    P.L. 1985, c. 541, s. 7; amended 1988,c.38,s.5.