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.