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A07750 Summary:

BILL NOA07750A
 
SAME ASSAME AS UNI. S03987-A
 
SPONSORWertz
 
COSPNSR
 
MLTSPNSR
 
Add S1-a, Chap 853 of 1966
 
Creates the Smithtown special library district in Suffolk county.
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A07750 Actions:

BILL NOA07750A
 
03/27/2001referred to libraries and education technology
04/23/2001amend (t) and recommit to libraries and education technology
04/23/2001print number 7750a
05/15/2001reported referred to ways and means
05/30/2001reported referred to rules
06/04/2001rules report cal.318
06/04/2001substituted by s3987a
 S03987 AMEND=A LACK
 03/27/2001REFERRED TO LOCAL GOVERNMENT
 04/18/20011ST REPORT CAL.430
 04/23/2001AMENDED (T) 3987A
 04/23/20012ND REPORT CAL.
 04/24/2001ADVANCED TO THIRD READING
 05/31/2001PASSED SENATE
 05/31/2001DELIVERED TO ASSEMBLY
 05/31/2001referred to ways and means
 06/04/2001substituted for a7750a
 06/04/2001ordered to third reading rules cal.318
 06/04/2001passed assembly
 06/04/2001returned to senate
 08/08/2001DELIVERED TO GOVERNOR
 08/20/2001SIGNED CHAP.193
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A07750 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3987--A                                            A. 7750--A
            Cal. No. 430
 
                               2001-2002 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                     March 27, 2001
                                       ___________
 
        IN  SENATE -- Introduced by Sens. LACK, TRUNZO -- read twice and ordered
          printed, and when printed to be committed to the  Committee  on  Local
          Government -- reported favorably from said committee, ordered to first
          report, amended on first report, ordered to a second report, and to be

          reprinted  as  amended,  retaining  its  place  in the order of second
          report
 
        IN ASSEMBLY -- Introduced by M. of A. WERTZ -- read once and referred to
          the Committee on  Libraries  and  Education  Technology  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  in  relation  to  establishing  the  Smithtown  special library
          district
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Establishment of library. Notwithstanding the provisions of
     2  any  general,  special  or  local  law  to  the contrary there is hereby
     3  created and established in the  county  of  Suffolk  a  special  library
     4  district  which  shall  be  known  as  the  "Smithtown  special  library

     5  district" and shall include all of the town of Smithtown  excluding  the
     6  areas currently serviced by the Sachem public library and by the Emma S.
     7  Clark memorial library.
     8    § 2. Elections. 1. The special library district herein described shall
     9  not come into existence unless and until it is approved by a vote of the
    10  majority  of the qualified voters voting in an election held pursuant to
    11  the provisions of this section.  Upon receipt of a  petition  signed  by
    12  not  less  than  twenty-five  voters qualified to vote at a general town
    13  election in the town of Smithtown, the board of elections of the  county
    14  of  Suffolk  shall  give  notice  of an election to be held on the first
    15  Tuesday next succeeding the first Monday in November, 2001. If a majori-
    16  ty of the qualified voters casting votes at said  election  approve  the
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10348-05-1

        S. 3987--A                          2                         A. 7750--A
 
     1  formation  of  the district, then the district shall come into existence
     2  on January 1 next succeeding the election on the  terms  and  conditions
     3  set forth hereinafter. If the majority of qualified voters casting votes
     4  at  said  election  do  not approve the formation of the special library
     5  district, then the district shall  not  come  into  existence.  At  said
     6  election  the  issue  shall  be:   whether the Smithtown special library
     7  district herein described shall be created or not.
     8    The board of elections for the county of Suffolk shall give notice  of

     9  said  election  by the publication of a notice in one or more newspapers
    10  having a general circulation in the district to  be  served.  The  first
    11  publication  of such notice shall be not less than thirteen days and not
    12  more than twenty days prior to the date of such election.  In  addition,
    13  the  board  of  elections of the county of Suffolk shall cause copies of
    14  such notice to be posted conspicuously in three  public  places  in  the
    15  town  of  Smithtown  at  least  thirteen  days prior to the date of such
    16  election. Such notice shall specify the time when such election will  be
    17  held,  the  issue  to  be  decided at said election and the hours during
    18  which polls will be open for  the  receipt  of  ballots.  The  board  of
    19  elections  of  the  county of Suffolk shall prepare the ballots for such
    20  election and  the  polls  shall  remain  open  in  accordance  with  the

    21  provisions  of  the  election  law referring to general elections. Every
    22  qualified voter of the town of Smithtown otherwise qualified to vote  at
    23  a  general  town  election  shall be qualified to vote at said election.
    24  After the polls have closed at said election,  the  election  inspectors
    25  and  the  ballot  clerks  shall immediately canvass publicly the ballots
    26  cast and the chairman  of  the  election  shall  publicly  announce  the
    27  result.  Within  seventy-two hours thereafter, the board of elections of
    28  the county of Suffolk shall execute and file a certificate of the result
    29  of the canvass with the board of trustees of the Smithtown  library  and
    30  with  the  clerk  of  the  town of Smithtown.   In the event the special
    31  district is created, the members of the board of trustees of the  Smith-
    32  town  library  residing in the special district shall serve as the board

    33  of trustees of the special district until June 30, 2002. Any trustee not
    34  residing in the special district shall be replaced by majority  vote  of
    35  the remaining members of the board and shall serve until June 30, 2002.
    36    2.  In  the event that the district is created there shall be a second
    37  election conducted by the board of trustees  of  the  Smithtown  special
    38  library  district in accordance with the provisions of this subdivision.
    39  (a) The board of trustees of  the  Smithtown  special  library  district
    40  shall  give  notice  of an election to be held prior to the first day of
    41  July but subsequent to the first day of April following the creation  of
    42  the  Smithtown  special  library  district.  At said election the issues
    43  shall be:
    44    (i) whether the proposed budget  for  the  Smithtown  special  library
    45  district shall be approved or disapproved; and

    46    (ii) the election of seven trustees as hereinafter provided.
    47    (b)  The trustees of the Smithtown special library district shall give
    48  notice of said election by the publication of a notice in  one  or  more
    49  newspapers  having  a  general circulation in the district to be served.
    50  The first publication of such notice shall be  not  less  than  thirteen
    51  days  and  not  more  than  forty-five  days  prior  to the date of such
    52  election. In addition, the board of trustees of  the  Smithtown  special
    53  library district shall cause copies of such notice to be posted conspic-
    54  uously  in three public places in the Smithtown special library district
    55  at least thirteen days prior to the date of such election.  Such  notice
    56  shall  specify  the time when and the places where such election will be

        S. 3987--A                          3                         A. 7750--A

 
     1  held, the issues to be decided at said election  and  the  hours  during
     2  which  polls will be open for the receipt of ballots. The board of trus-
     3  tees of the Smithtown special library district shall prepare the ballots
     4  for such election and the polls shall remain open for the receipt there-
     5  of at all elections from twelve o'clock p.m. (noon) until nine p.m., and
     6  such additional consecutive hours prior thereto as the board of trustees
     7  of the Smithtown special library district may have determined and speci-
     8  fied  in  the  notice  thereof.  The board of trustees shall designate a
     9  resident qualified voter of such district to  act  as  chairman  of  any
    10  election of such district and shall designate not less than two nor more
    11  than  four  resident  qualified  voters  at each polling place to act as
    12  election inspectors and ballot clerks at such elections.  The  board  of

    13  trustees  shall designate four polling places in the district, or in the
    14  event that there are fewer a number equal to the number of  branches  of
    15  the  library  within  the Smithtown special library district. No trustee
    16  shall serve as chairman or as an election inspector or ballot clerk. The
    17  board of trustees may adopt a resolution providing that  such  chairman,
    18  election inspectors and ballot clerks shall be paid for their respective
    19  services  at  the  initial  election or at any annual election or at any
    20  subsequent special  election.  Such  resolution,  if  adopted,  may  fix
    21  reasonable  compensation  for  the services of each such official. Every
    22  qualified voter of the town of Smithtown who resides  in  the  Smithtown
    23  special  library  district otherwise qualified to vote at a general town
    24  election shall be qualified to vote at said election.  After  the  polls

    25  have  closed  at  said  election, the election inspectors and the ballot
    26  clerks shall immediately canvass  publicly  the  ballots  cast  and  the
    27  chairman  of  the  election  shall  publicly announce the result. Within
    28  seventy-two hours thereafter,  the  chairman,  election  inspectors  and
    29  ballot  clerks shall execute and file a certificate of the result of the
    30  canvass with the board of trustees and with the clerk  of  the  town  of
    31  Smithtown.
    32    (c) Candidates for the office of member of the board of trustees shall
    33  be  nominated  by  petition.  No  vacancy on the board of trustees to be
    34  filled shall be considered a separate specific office. A separate  peti-
    35  tion  shall  be required to nominate each candidate for a vacancy on the
    36  board.  Each petition shall be directed to the secretary of the board of
    37  trustees, shall be signed by at least twenty-five  qualified  voters  of

    38  the  district, shall state the residence of each signer, and shall state
    39  the name and residence of the candidate. In  the  event  that  any  such
    40  nominee  shall withdraw his candidacy prior to the election, such person
    41  shall not be considered a candidate unless  a  new  petition  nominating
    42  such  person  in  the  same  manner and within the same time limitations
    43  applicable to other candidates is filed with the secretary of the  board
    44  of  trustees.  Each  petition  shall  be filed with the secretary of the
    45  board of trustees between the hours of nine  a.m.  and  five  p.m.,  not
    46  later  than the thirtieth day preceding the election at which the candi-
    47  dates nominated are to be elected.
    48    3. In the event that the district is created and  after  the  year  in
    49  which  the  board of trustees of the district are elected there shall be

    50  an annual election  conducted  by  the  board  in  accordance  with  the
    51  provisions of this subdivision as hereinafter provided for, at a time to
    52  be set by the board to be held prior to the first day of July but subse-
    53  quent  to  the first day of April of each year, at which election vacan-
    54  cies on the board of trustees shall be filled and at which any  proposed
    55  budget  which the board shall determine to submit to the voters pursuant
    56  to section four of this act shall be submitted to the voters. The  trus-

        S. 3987--A                          4                         A. 7750--A
 
     1  tees  of  the  Smithtown  special library district shall give notice of,
     2  prepare ballots for and conduct said annual  election  pursuant  to  the
     3  provisions set forth in paragraph (b) of subdivision 2 of this section.

     4    4.  Candidates for the office of member of the board of trustees shall
     5  be nominated, vacancies filled  and  petitions  filed  pursuant  to  the
     6  provisions of paragraph (c) of subdivision 2 of this section.
     7    5.  At  any election in such district, the voters may adopt a proposi-
     8  tion providing that, in all subsequent elections, vacancies on the board
     9  of trustees shall be considered separate specific offices and  that  the
    10  nominating  petitions shall describe the specific vacancy upon the board
    11  of trustees for which the  candidate  is  nominated,  which  description
    12  shall  include at least the length of the term of office and the name of
    13  the last incumbent, if any. No person shall be nominated for  more  than
    14  one  specific  office.  Such procedure shall be followed with respect to
    15  all nominations and elections in subsequent years until and unless  such

    16  proposition  is  repealed  by  the electors of the district at a regular
    17  election by adoption of a proposition to repeal the same.
    18    §  3.  Organization  and  structure.  The  Smithtown  special  library
    19  district  shall  be managed, operated and controlled by a board of trus-
    20  tees consisting initially of the members of the board of trustees of the
    21  Smithtown library residing in the  Smithtown  special  library  district
    22  until June 30, 2002, and thereafter by seven elected trustees. The trus-
    23  tees  shall at the first regular meeting of the board after the election
    24  conducted pursuant to paragraph (b) of subdivision 2 of section  two  of
    25  this  act  determine  by  lot  the year in which each of their successor
    26  terms of office expire, and the terms shall expire as follows: after one
    27  year-two trustees; after two years-three trustees; after three years-two

    28  trustees.   Trustees shall be elected  at  the  annual  election  herein
    29  provided  for  to  serve  three  year terms by the voters of the special
    30  library district hereby created, said terms to commence on the first day
    31  of July next following  the  election.  Only  qualified  voters  of  the
    32  district  shall  be  eligible for election to the board of trustees. The
    33  board of trustees at its first meeting each year shall elect or  appoint
    34  a  president  and vice-president who shall be members of the board and a
    35  clerk, treasurer and such other officers as they deem necessary. If  the
    36  board  so  determines, the offices of clerk and treasurer may be held by
    37  individuals who are not members of the board of trustees  and,  in  that
    38  event,  such  officers  may, if the board so determines, receive compen-
    39  sation as fixed by resolution of the board.  The trustees shall fill any

    40  vacancy occurring in the office of any trustee other than by the expira-
    41  tion of his or her term by  electing  another  trustee  who  shall  hold
    42  office until the next annual election of trustees.
    43    § 4. Finances. 1. The initial budget for the Smithtown special library
    44  district shall be the library budget for the 2002 town fiscal year.  The
    45  budget  submitted  to the voters under paragraph (a) of subdivision 2 of
    46  section two of this act for 2003 shall be prepared by  the  trustees  of
    47  the  board of the Smithtown special library district. All future budgets
    48  that increase or decrease the appropriation last approved by the  voters
    49  shall  be submitted to the residents of the special library district for
    50  approval by a majority of those residents voting at the annual  election
    51  of  trustees  of  the  board  of  the Smithtown special library district

    52  pursuant to  section  two  of  this  chapter  referring  to  the  annual
    53  election.  Funds  voted  for  library  purposes  shall, unless otherwise
    54  directed by such vote, be considered an  annual  appropriation  therefor
    55  until  changed  by further vote and shall be levied and collected yearly

        S. 3987--A                          5                         A. 7750--A
 
     1  in the same manner and at the same time as other taxes in  the  town  of
     2  Smithtown.
     3    2.  The  board  of  trustees shall annually file with the clerk of the
     4  town of Smithtown on or before the first day of November an estimate  of
     5  the  proposed budget including costs of library services to be raised by
     6  levy for the library district in the fiscal year beginning on the  first
     7  day of January of the following year. The town shall not make any change

     8  in  the  estimate  of revenues or expenditures submitted by the board of
     9  the library district in preparation of its preliminary budget.
    10    3. The town board of the town of Smithtown shall levy  a  tax  against
    11  the  real property lying within the district for their respective shares
    12  of the amount to be raised by tax as contained in the annual  budget  of
    13  such district approved by its voters at its annual election, said shares
    14  to  be determined by the ratio, each to the other, of the full valuation
    15  which term shall mean, the valuation which is derived  by  dividing  the
    16  appropriate  portions  of  the  assessed  valuation of the real property
    17  concerned as shown by the last completed assessment roll of the town, by
    18  the town equalization rates established by the authorized state  officer
    19  or agency for such roll, of the real property lying within the jurisdic-

    20  tion.  The  town  board may issue tax anticipation notes, revenue antic-
    21  ipation notes and bond anticipation notes pursuant to article 2  of  the
    22  local finance law to obtain the necessary moneys therefor.
    23    4.  The  town  board  of the town of Smithtown shall have the power to
    24  authorize, sell and issue bonds, notes and other  evidences  of  indebt-
    25  edness  pursuant to the local finance law in order to permit the special
    26  library district to provide facilities or improve facilities for library
    27  purposes.   Upon written request from  the  board  of  trustees  of  the
    28  special library district, after approval by the qualified voters of such
    29  district,  the town board of the town of Smithtown shall authorize, sell
    30  and issue such bonds, notes or other evidences of  indebtedness  as  are
    31  necessary  to  accomplish  the improvements specified in the notice. The

    32  proceeds of such bonds, notes or other evidences of  indebtedness  shall
    33  be  paid to the treasurer of the special library district and maintained
    34  in a segregated account in accordance with section 165.00 of  the  local
    35  finance law and expended by the treasurer only on specific authorization
    36  by the board of trustees.
    37    5. The board of trustees of the special library district may accept on
    38  behalf  of  the district any absolute gift, devise or bequest of real or
    39  personal property and such conditional gifts, devises or bequests as  it
    40  shall by resolution approve.
    41    6. The treasurer of the special library district shall be custodian of
    42  all  funds  of  the  special  library district including gifts and trust
    43  funds paid over to the trustees. The board of trustees may authorize the
    44  investment of funds in the custody of the treasurer in the  same  manner

    45  in  which  town  funds may be invested. Proceeds of obligations received
    46  from the town may be invested in accordance with section 165.00  of  the
    47  local  finance  law.  The  supervisor  of  the town board of the town of
    48  Smithtown shall promptly pay over to the special  library  district  all
    49  moneys  which  belong to or are raised for the special library district.
    50  No moneys shall be disbursed by the treasurer  of  the  special  library
    51  district  except  after  audit  by the board of trustees.   The board of
    52  trustees shall audit all claims and shall  order  the  payment  thereof,
    53  except  as  otherwise  provided by this section. No such claims shall be
    54  audited or ordered paid by  the  trustees  unless  an  itemized  voucher
    55  therefor  shall  be  presented  to  the  board of trustees for audit and
    56  allowance.  The provisions of this section shall not  be  applicable  to

        S. 3987--A                          6                         A. 7750--A
 
     1  payment  of  claims  of  fixed  salaries  and  amounts which the special
     2  library district may  be  required  to  pay  on  account  of  retirement
     3  contributions  for past or current services to officers and employees of
     4  the  special  library district. The treasurer shall keep such records in
     5  such manner as the board of trustees may  require  and  subject  to  the
     6  provisions of section 36 of the general municipal law.
     7    § 5. Charter, commencement of operations, and transfer of property and
     8  employees.  The  trustees shall, within thirty days from the date of the
     9  creation of the Smithtown special library district, apply to  the  board
    10  of  regents for a charter as a public library. Upon the granting of such
    11  a charter by the board of regents, then title to all property, real  and

    12  personal,  tangible  and intangible, trusts and other funds, now held by
    13  the Smithtown library shall be transferred to, vest in, and be  acquired
    14  by  the Smithtown special library district hereby established.  No title
    15  to any real property shall  be  transferred  by  the  Smithtown  special
    16  library district without the prior approval of the Smithtown town board.
    17  Upon the granting of such charter by the board of regents, all employees
    18  of the Smithtown library shall become employees of the Smithtown special
    19  library district upon the same terms and conditions of employment and at
    20  the  same  rate  of  pay  as  their previous employment by the Smithtown
    21  library.
    22    § 6. Ad valorem levy. The several lots and parcels of land within  the
    23  area  of said special library district are hereby determined to be bene-
    24  fited by the library facilities and services existing as of  the  effec-

    25  tive  date  of  this  act and the town board of the town of Smithtown is
    26  hereby authorized to assess, levy and collect the necessary expenses  of
    27  operation,  maintenance  and  repair of such facilities and services and
    28  such capital improvements including debt  service  on  bonds,  notes  or
    29  other  evidences  of  indebtedness  of  the  Smithtown  special  library
    30  district issued for the purpose of such special library district as  may
    31  be hereafter authorized pursuant to the provisions of this act from such
    32  lots  and  parcels  of  land  in the same manner and at the same time as
    33  other town charges.
    34    § 7. Education law. Except as otherwise  provided  by  this  act,  the
    35  provisions  of  the  education law relating to public libraries shall be
    36  applicable to the Smithtown special library district herein established.
    37    § 8. This act shall take effect immediately.
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