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A07607 Summary:

BILL NOA07607
 
SAME ASSAME AS UNI. S04207
 
SPONSORCanestrari
 
COSPNSRGordon
 
MLTSPNSR
 
Amd SS2 & 4, Chap 422 of 2008
 
Extends the term during which the Troy public library district may be established by three years.
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A07607 Actions:

BILL NOA07607
 
04/16/2009referred to libraries and education technology
05/26/2009reported
05/28/2009advanced to third reading cal.689
06/02/2009passed assembly
06/02/2009delivered to senate
06/02/2009REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
07/16/2009SUBSTITUTED FOR S4207
07/16/20093RD READING CAL.779
07/16/2009PASSED SENATE
07/16/2009RETURNED TO ASSEMBLY
07/31/2009delivered to governor
08/11/2009signed chap.321
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A07607 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4207                                                  A. 7607
 
                               2009-2010 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                     April 16, 2009
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Corpo-
          rations, Authorities and Commissions
 
        IN  ASSEMBLY  --  Introduced  by  M.  of  A. CANESTRARI -- read once and
          referred to the Committee on Libraries and Education Technology
 

        AN ACT to amend chapter 422 of the laws of 2008, relating to creating  a
          public  library district in the city of Troy, in the county of Rensse-
          laer, in relation to extending the period of  time  during  which  the
          Troy public library district may be established
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 2 of chapter 422 of  the  laws  of
     2  2008,  relating  to  creating  a  public library district in the city of
     3  Troy, in the county of Rensselaer is amended to read as follows:
     4    1. The public library district herein described shall  not  come  into
     5  existence  unless  and until it is approved, with the initial [proposed]
     6  budget [is approved] therefor proposed by the board of trustees  of  the

     7  Troy  Public  Library,  and  seven trustees are elected by a vote of the
     8  majority of the qualified voters voting in an election held pursuant  to
     9  the following provisions:
    10    Upon receipt of a petition signed by not less than fifty voters quali-
    11  fied to vote at [the November 4, 2008] a general election in the city of
    12  Troy and residing within the area of the proposed district, the board of
    13  trustees  of  the existing association library, known as the Troy Public
    14  Library, shall give notice of an election to be  conducted  pursuant  to
    15  this  act  such  notice  to be given not less than 30 days prior to such
    16  election.   Such election shall be held  [concurrent  with  the  general
    17  election on November 4, 2008] not later than November 30, 2012.  Nothing

    18  in  this  act  shall  be construed to limit the number of elections held
    19  pursuant to this act provided that all such elections are held prior  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08229-02-9

        S. 4207                             2                            A. 7607
 
     1  such  date.  If  a  majority  of the voters approve the formation of the
     2  district, then the district shall come into existence on the  terms  and
     3  conditions set forth in this act. At such election, the issues shall be:
     4    (a)  whether  the  public library district therein described [shall be
     5  created or not;

     6    (b) whether] with the initial budget therefor proposed by the board of
     7  trustees of the [existing  association  library  shall  be  approved  or
     8  disapproved] Troy Public library shall be created or not; and
     9    [(c)]  (b) the election of seven trustees as provided by section three
    10  of this act.
    11    The trustees of the existing association library shall give notice  of
    12  such  election  by the publication of a notice in one or more newspapers
    13  having a general circulation in the district to  be  served.  The  first
    14  publication of such notice shall be not less than [thirteen days and not
    15  more  than  twenty]  thirty  days prior to the date of such election. In
    16  addition, the board of trustees  of  the  existing  association  library

    17  shall  cause  copies  of such notice to be posted conspicuously in three
    18  public places in the district at least [thirteen] thirty days  prior  to
    19  the  date  of such election. Such notice shall specify the time when and
    20  the place where such election will be held, the issues to be decided  at
    21  such  election  and  the  hours  during which polls will be open for the
    22  receipt of ballots.  The board of trustees of the  existing  association
    23  library shall prepare the ballots for such elections and the polls shall
    24  remain  open  for  the receipt thereof at all elections from [6:00] 7:00
    25  a.m.  until [9:00] 8:00 p.m.   The board of  trustees  of  the  existing
    26  association  library  shall designate a resident qualified voter of such
    27  district to act as chairperson of any  election  of  such  district  and

    28  shall  designate not less than two nor more than four resident qualified
    29  voters  to  act  as  election  inspectors  and  ballot  clerks  at  such
    30  elections. No trustee or candidate for the office of trustee shall serve
    31  as chairperson or as an election inspector or ballot clerk. The board of
    32  trustees  may  adopt  a  resolution  providing  that  such  chairperson,
    33  election inspectors and ballot clerks shall be paid for their respective
    34  services at the initial election or at subsequent elections, should  the
    35  new  library  district  be created. Such resolution, if adopted, may fix
    36  reasonable compensation for services of such officials.    Every  voter,
    37  otherwise  qualified  to  vote at a general election and residing within
    38  the area of the proposed district shall be qualified  to  vote  at  said
    39  election.  After  the  polls  have closed at such election, the election

    40  inspectors and the ballot clerks shall immediately canvass publicly  the
    41  ballots cast and the chairperson of the election shall publicly announce
    42  the  result.  Within  seventy-two  hours  thereafter,  the  chairperson,
    43  election inspectors, and ballot clerks shall execute and file a  certif-
    44  icate  of  the  result of the canvass with the board of trustees and the
    45  city of Troy.
    46    § 2. Subdivision 1 of section 4 of chapter 422 of the  laws  of  2008,
    47  relating  to  creating a public library district in the city of Troy, in
    48  the county of Rensselaer is amended to read as follows:
    49    1. The initial budget for the public library district shall be  deter-
    50  mined by a vote of the voters of the district in the initial election as
    51  hereinafter  provided  for. All future budgets that increase or decrease
    52  the public library proposed total operating expenditures over the  total

    53  operating  expenditures in the last preceding fiscal year's budget shall
    54  be submitted to the residents voting at the annual election of  trustees
    55  pursuant to section two of this act. Funds voted for library purposes at
    56  the initial election and at all future budget elections shall be consid-

        S. 4207                             3                            A. 7607
 
     1  ered  an annual appropriation therefor and shall be levied and collected
     2  yearly in the same manner and at the same time as  other  taxes  in  the
     3  city  of Troy.  The initial fiscal year of the library district shall be
     4  January  1[,  2009] of the year immediately succeeding the year in which
     5  the library district shall come into  existence  through  and  including

     6  December  31[,  2009] of that year.  Taxes voted on and approved for the
     7  support of the library district for the initial  fiscal  year  shall  be
     8  assessed  and levied by December [2008] of the year in which the library
     9  district shall come into existence and shall be included in the tax bill
    10  for which payment is due in the following January [2009]. Taxes voted on
    11  and approved for the support of  the  library  district  for  subsequent
    12  fiscal years shall be levied in the calendar year directly preceding the
    13  library  district's  fiscal  year and shall be included in the tax bills
    14  issued during December of the calendar year preceding the fiscal year.
    15    § 3. This act shall take effect immediately.
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