STATE OF NEW YORK
________________________________________________________________________
S. 2962 A. 5678
2001-2002 Regular Sessions
SENATE - ASSEMBLY
February 27, 2001
___________
IN SENATE -- Introduced by Sen. LARKIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. GUNTHER, MILLS -- read once and
referred to the Committee on Libraries and Education Technology
AN ACT to amend chapter 398 of the laws of 2000 relating to creating the
Thrall public library district of Middletown and Wallkill, in relation
to the formation of such public library district
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 1, 2, 3, 4, and 5 of chapter 398 of the laws of
2 2000 relating to creating the Thrall public library district of Middle-
3 town and Wallkill are amended to read as follows:
4 Section 1. Notwithstanding the provisions of any general, special or
5 local law to the contrary, there is hereby created and established in
6 the county of Orange a public library district which shall include the
7 geographic boundaries consisting of the enlarged city school district of
8 Middletown, [and] all of the town of Wallkill with the exception of
9 those properties located within the Goshen central school district; but
10 shall include all portions of the Valley Central school district, the
11 Pine Bush central school district and the Minisink Valley central school
12 district to the extent of their portions located within the town of
13 Wallkill only, and that portion of the town of Mount Hope which is
14 located within the Pine Bush central school district. The public
15 library shall be known as the Thrall public library district of Middle-
16 town and Wallkill.
17 § 2. Election. 1. The public library district herein described shall
18 not come into existence unless and until it is approved and the initial
19 proposed budget is approved by a vote of the majority of the qualified
20 voters voting in an election held pursuant to the following provisions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08947-03-1
S. 2962 2 A. 5678
1 Upon receipt of a petition signed by not less than one hundred voters
2 qualified to vote at a general election, the board of trustees of the
3 existing Middletown Thrall library district shall give notice of an
4 election to be held on [March 30] April 24, 2001. If a majority of the
5 voters approve the formation of the district, then the district shall
6 come into existence on the terms and conditions set forth hereinafter.
7 At said election the [issue] issues shall be:
8 (a) whether the expanded public library district herein described
9 shall be created or not on or about January 1, 2002;
10 (b) whether the initial budget therefor proposed for the new Thrall
11 public library district of Middletown and Wallkill by the board of trus-
12 tees of the Middletown Thrall [public] library district [of Middletown
13 and Wallkill] shall be approved or disapproved; and
14 (c) the election of seven trustees as hereinafter provided.
15 The trustees of the existing Middletown Thrall library district shall
16 give notice of said election by the publication of a notice in one or
17 more newspapers having a general circulation in the district to be
18 served. The first publication of such notice shall be not less than
19 thirteen days and not more than twenty days prior to the date of such
20 election. In addition, the board of trustees of the existing Middletown
21 Thrall library district shall cause copies of such notice to be posted
22 conspicuously in five public places within the proposed district at
23 least thirteen days prior to the date of such election. Such notice
24 shall specify the time when and the place where such election will be
25 held, the issues to be decided at said election and the hours during
26 which polls will be open for the receipt of ballots thereof at all
27 elections from 8:00 a.m. until 8:00 p.m. The board of trustees of the
28 existing Middletown Thrall library district shall designate a resident
29 qualified voter of such district to act as chairperson of any election
30 of such district and shall designate not less than two nor more than
31 four resident qualified voters at two polling places which shall be the
32 Circleville Elementary school and the Middletown Thrall library to act
33 as election inspectors and ballot clerks at such elections. No trustee
34 shall serve as chairperson or as an election inspector or ballot clerk.
35 The board of trustees may adopt a resolution providing that such chair-
36 person, election inspectors and ballot clerks shall be paid for their
37 respective services at the initial election or at subsequent elections
38 should the new library district be created. Such resolution, if
39 adopted, may fix reasonable compensation for the services of such offi-
40 cial. Every voter, otherwise qualified to vote at a general election
41 within the area of the proposed district shall be qualified to vote at
42 said election. After the polls have closed at said election, the
43 election inspectors and the ballot clerks shall immediately canvass
44 publicly the ballots cast and the chairperson of the election shall
45 publicly announce the result. Within seventy-two hours thereafter, the
46 chairperson, election inspectors and ballot clerks shall execute and
47 file a certificate of the result of the canvass with the board of trus-
48 tees and the Orange county clerk.
49 2. In the event that the district is created, there shall be an annual
50 election conducted by the board of trustees of the library district in
51 accordance with the provisions of subdivision one of this section, at a
52 time to be set by the board, at which election vacancies on the board of
53 trustees shall be filled and at which any proposed budget which the
54 board shall determine to submit to the voters pursuant to section four
55 of this act shall be submitted to the voters.
S. 2962 3 A. 5678
1 3. Candidates for the office of member of the board of trustees of the
2 library district shall be nominated by petition. No vacancy on the board
3 of trustees to be filled shall be considered a separate specific office.
4 A separate petition shall be required to nominate each candidate for a
5 vacancy on the board. Each petition shall be directed to the secretary
6 of the board of trustees, shall be signed by at least fifty qualified
7 voters of the district, shall state the residence of each signer, and
8 shall state the name and residence of the candidate. In the event that
9 any such nominee shall withdraw candidacy prior to the election, such
10 person shall not be considered a candidate unless a new petition nomi-
11 nating such person in the same manner and within the same time limita-
12 tion applicable to other candidates is filed with the secretary of the
13 board of trustees. Each petition shall be filed with the secretary of
14 the board of trustees between the hours of 9:00 a.m. and 5:00 p.m., not
15 later than the thirteenth day preceding the election at which time the
16 candidates nominated are to be elected. In the event the new library
17 district is created, petitions nominating candidates for the board of
18 trustees after the initial election shall be filed with the secretary of
19 the Thrall public library district of Middletown and Wallkill.
20 4. At any election in such district, the voters may adopt a proposi-
21 tion providing that, in all subsequent elections, vacancies on the board
22 of trustees shall be considered separate specific offices and that the
23 nominating petitions shall describe the specific vacancy upon the board
24 of trustees for which the candidate is nominated, which description
25 shall include at least the length of the term of the office and the name
26 of the last incumbent, if any. No person shall be nominated for more
27 than one specific office. Such procedure shall be followed with respect
28 to all nominations and elections in subsequent years until and unless
29 such proposition is repealed by the electors of the district at a regu-
30 lar election by adoption of a proposition to repeal the same.
31 § 3. Organization and structure. The Thrall public library district of
32 Middletown and Wallkill shall be managed, operated and controlled by a
33 board of trustees consisting of seven members. The trustees shall at the
34 first regular meeting of the board determine when terms of office of
35 each member shall expire as follows: the two trustees receiving the
36 highest number of votes shall serve for four years, the two trustees
37 receiving the second highest number of votes shall serve for three
38 years, the two trustees receiving the third highest number of votes
39 shall serve for two years, the trustee receiving the fourth highest
40 number of votes shall serve for one year. As vacancies occur trustees
41 shall be elected at the annual election herein provided for to serve
42 four year terms by the voters of the library district hereby created,
43 said terms to commence on the first day of the month next following the
44 election. Only qualified voters of the district shall be eligible for
45 election to the board of trustees. The board of trustees at its first
46 meeting each year shall elect or appoint a president and vice-president
47 who shall be members of the board and a secretary, treasurer and such
48 other officers as they deem necessary. If the board so determines, the
49 offices of secretary and treasurer may be held by individuals who are
50 not members of the board of trustees and, in that event, such officer
51 may, if the board so determines, receive compensation as fixed by resol-
52 ution of the board.
53 § 4. Finances. 1. The initial budget for the library district shall be
54 determined by a vote of the voters of the district in the initial
55 election as hereinafter provided for. All future budgets that increase
56 the library proposed total operating expenditures over the total operat-
S. 2962 4 A. 5678
1 ing expenditures in the last preceding fiscal year's budget shall be
2 submitted to the residents voting at the annual election of trustees
3 pursuant to section two of this act. Funds voted for library purposes at
4 the initial election and at all future budget elections shall be consid-
5 ered an annual appropriation therefor and shall be levied and collected
6 yearly in the same manner and at the same time as other taxes in the
7 municipalities served by the district.
8 2. The board of trustees shall annually file with the clerk of each of
9 the municipalities within the district on or before the first day of
10 [February] December an estimate of the proposed budget including costs
11 of library services to be raised by levy for the library district in the
12 fiscal year beginning on the first day of [July] January of that year.
13 The municipalities shall not make any change in the estimate of revenues
14 or expenditures submitted by the board of the library district in prepa-
15 ration of its preliminary budget.
16 3. The towns of Wallkill, Wawayanda, Mount Hope and Goshen and the
17 city of Middletown shall each levy a tax against the real property lying
18 within the library district for the amount to be raised by tax as
19 contained in the annual budget of the Thrall public library district of
20 Middletown and Wallkill. The municipalities may issue tax anticipation
21 notes, revenue anticipation [revenue] notes and budget notes pursuant to
22 article 2 of the local finance law to obtain the necessary moneys there-
23 for.
24 4. The city of Middletown and the towns of Wallkill, Wawayanda, Mount
25 Hope and Goshen shall have the power to authorize, sell and issue bonds,
26 notes and other evidences of indebtedness pursuant to the local finance
27 law in order to permit the library district to provide facilities or
28 improve facilities for library purposes. Upon written request from the
29 board of trustees of the library district, after approval by the quali-
30 fied voters of such district, the municipalities shall authorize, sell
31 and issue such bonds, notes or other evidences of indebtedness as are
32 necessary to accomplish the improvements specified in the notice. The
33 proceeds of such bonds, notes or other evidences of indebtedness shall
34 be paid to the treasurer of the library district and maintained in a
35 segregated account in accordance with section 165.00 of the local
36 finance law and expended by the treasurer only on specific authorization
37 by the board of trustees.
38 5. The board of trustees of the library district may accept on behalf
39 of the district any absolute gift, devise or bequest of real or personal
40 property and such conditional gifts, devises or bequests as it shall by
41 resolution approve.
42 6. The treasurer of the library district shall be custodian of all
43 funds of the library district including gifts and trust funds paid over
44 to the trustees. The board of trustees may authorize the investment of
45 funds in the custody of the treasurer in the same manner in which school
46 district funds may be invested. Proceeds of obligations may be invested
47 in accordance with section 165.00 of the local finance law. The city of
48 Middletown and the towns of Wallkill, Wawayanda, Mount Hope and Goshen
49 shall promptly pay over to the library district all moneys which belong
50 to or are raised for the library district. No moneys shall be disbursed
51 by the treasurer of the library district except after audit by the board
52 of trustees. The board of trustees of the library district shall audit
53 all claims and shall order the payment thereof, except as otherwise
54 provided by this section. No such claims shall be audited or ordered
55 paid by the trustees unless an itemized voucher therefor shall be
56 presented to the board of trustees for audit and allowance. The
S. 2962 5 A. 5678
1 provisions of this section shall not be applicable to payment of claims
2 of fixed salaries and amounts which the library districts may be
3 required to pay on account of retirement contributions for past or
4 current services to officers and employees of the library district. The
5 treasurer shall keep such records in such manner as the board of trus-
6 tees may require.
7 § 5. Charter, commencement of operations, and transfer of property and
8 employees. The initial trustees of the Thrall public library district of
9 Middletown and Wallkill shall, within thirty days from the date of
10 approval of the library district by the voters of the district, apply to
11 the board of regents for a charter as a public library. [Upon] On Janu-
12 ary 1, 2002, upon the granting of such a charter by the board of
13 regents, the Middletown Thrall library district is hereby deemed
14 dissolved and title to all liabilities and assets, including all proper-
15 ty, real [property, real] and personal, and all other tangible and
16 intangible property, trust and other funds, and all other obligations,
17 now held by the Middletown Thrall library district shall be transferred
18 to, vest in, and be acquired by the new library district hereby estab-
19 lished. The enlarged city school district of Middletown [school
20 district] shall upon granting of such charter enter into a lease with
21 the library district for its use of that building currently used as a
22 library by the Middletown Thrall library district. Such lease at an
23 annual fee of one dollar, shall contain such terms and conditions as
24 agreed upon by the school district and the library district, provided
25 that upon payment of any outstanding bonds issued for the construction,
26 equipping and/or reconstruction thereof, secured by an evidence of
27 indebtedness on such building, such building shall be transferred to the
28 library district for one dollar. Upon the granting of such charter by
29 the board of regents, all employees of the Middletown Thrall library
30 district shall become employees of the library district upon the same
31 terms and conditions of employment and at the same rate of pay as their
32 previous employment by the Middletown Thrall library district.
33 § 2. This act shall take effect immediately and shall be deemed to
34 have been in full force and effect on and after the date on which chap-
35 ter 398 of the laws of 2000 relating to creating the Thrall public
36 library district of Middletown and Wallkill became a law.
