NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8189
SPONSOR: Rules (Faso) PURPOSE: To authorize the establishment of a public library in the
town of Coxsackie to be called the Heermance memorial library district.
SUMMARY OF PROVISIONS: This act provides for the creation of a public
library in the town of Coxsackie.
EXISTING LAW: Existing law does not provide for the creation of a
public library in the town of Coxsackie.
JUSTIFICATION: The town board in the Town of Coxsackie has asked for
the authorization to establish a public library which shall be known as
the Heermance memorial library district. In light of this request and
the fact that public libraries offer an invaluable service to the commu-
nities of New York State, this legislation is deemed necessary to the
improvement and advancement of education and learning in the town of
Coxsackie and throughout New York State.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS:None.
EFFECTIVE DATE: Immediately
STATE OF NEW YORK
________________________________________________________________________
8189
1999-2000 Regular Sessions
IN ASSEMBLY
May 4, 1999
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Faso) --
read once and referred to the Committee on Libraries and Education
Technology
AN ACT to create the Heermance memorial library district in a portion of
the town of Coxsackie
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding the provisions of any general, special or
2 local law to the contrary, there is hereby created and established in
3 the county of Greene a public library district which shall include the
4 town of Coxsackie. The public library district shall be known as the
5 Heermance memorial library district.
6 § 2. Election. 1. The public library district herein described shall
7 not come into existence unless and until it is approved and the initial
8 proposed budget is approved by a vote of the majority of the qualified
9 voters voting in an election held pursuant to the following provisions.
10 Upon receipt of a petition signed by not less than one hundred voters
11 qualified to vote at a general town election, the board of trustees of
12 the existing Heermance memorial library shall give notice of an election
13 to be held prior to December 31, 1999. If a majority of the voters
14 approve the formation of the district, then the district shall come into
15 existence on the terms and conditions set forth hereinafter. At said
16 election the issue shall be:
17 (a) whether the public library district herein described shall be
18 created or not;
19 (b) whether the budget therefor proposed by the board of trustees of
20 the Heermance memorial library shall be approved or disapproved; and
21 (c) the election of nine trustees as hereinafter provided.
22 The trustees of the existing Heermance memorial library shall give
23 notice of said election by the publication of a notice in one or more
24 newspapers having a general circulation in the district to be served.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11064-01-9
A. 8189 2
1 The first publication of such notice shall be not less than thirteen
2 days and not more than twenty days prior to the date of such election.
3 In addition, the board of trustees of the existing Heermance memorial
4 library shall cause copies of such notice to be posted conspicuously in
5 three public places in the town at least thirteen days prior to the date
6 of such election. Such notice shall specify the time when and the place
7 where such election will be held, the issues to be decided at said
8 election and the hours during which polls will be open for the receipt
9 of ballots thereof at all elections from 6:00 a.m. until 9:00 p.m. The
10 board of trustees of the existing Heermance memorial library shall
11 designate a resident qualified voter of such district to act as chair-
12 person of any election of such district and shall designate not less
13 than two nor more than four resident qualified voters at the polling
14 place which shall be the town hall to act as election inspectors and
15 ballot clerks at such elections. No trustee shall serve as chairperson
16 or as an election inspector or ballot clerk. The board of trustees may
17 adopt a resolution providing that such chairperson, election inspectors
18 and ballot clerks shall be paid for their respective services at the
19 initial election. Such resolution, if adopted, may fix reasonable
20 compensation for their services of such official. Every voter of the
21 town, otherwise qualified to vote at a town election shall be qualified
22 to vote at said election. After the polls have closed at said election,
23 the election inspectors and the ballot clerks shall immediately canvass
24 publicly the ballots cast and the chairperson of the election shall
25 publicly announce the result. Within seventy-two hours thereafter, the
26 chairperson, election inspectors and ballot clerks shall execute and
27 file a certificate of the result of the canvass with the board of trus-
28 tees and the Coxsackie town clerk.
29 2. In the event that the district is created, there shall be an annual
30 election conducted by the board of trustees of the Heermance memorial
31 library district in accordance with the provisions of subdivision one of
32 this section, at a time to be set by the board, at which election vacan-
33 cies on the board of trustees shall be filled and at which any proposed
34 budget which the board shall determine to submit to the voters pursuant
35 to section four of this act shall be submitted to the voters.
36 3. Candidates for the office of member of the board of trustees of the
37 Heermance memorial library district shall be nominated by petition. No
38 vacancy on the board of trustees to be filled shall be considered a
39 separate specific office. A separate petition shall be required to nomi-
40 nate each candidate for a vacancy on the board. Each petition shall be
41 directed to the secretary of the board of trustees, shall be signed by
42 at least fifty qualified voters of the district, shall state the resi-
43 dence of each signer, and shall state the name and residence of the
44 candidate. In the event that any such nominee shall withdraw candidacy
45 prior to the election, such person shall not be considered a candidate
46 unless a new petition nominating such person in the same manner and
47 within the same time limitation applicable to other candidates is filed
48 with the secretary of the board of trustees. Each petition shall be
49 filed with the secretary of the board of trustees between the hours of
50 9:00 a.m. and 5:00 p.m., not later than the thirteenth day preceding the
51 election at which time the candidates nominated are to be elected. In
52 the event the district is created, petitions nominating candidates for
53 the board of trustees after the initial election shall be filed with the
54 secretary of the Heermance memorial library district.
55 4. At any election in such district, the voters may adopt a proposi-
56 tion providing that, in all subsequent elections, vacancies on the board
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1 of trustees shall be considered separate specific offices and that the
2 nominating petitions shall describe the specific vacancy upon the board
3 of trustees for which the candidate is nominated, which description
4 shall include at least the length of the term of the office and the name
5 of the last incumbent, if any. No person shall be nominated for more
6 than one specific office. Such procedure shall be followed with respect
7 to all nominations and elections in subsequent years until and unless
8 such proposition is repealed by the electors of the district at a regu-
9 lar election by adoption of a proposition to repeal the same.
10 § 3. Organization and structure. The Heermance memorial library
11 district shall be managed, operated and controlled by a board of trus-
12 tees consisting of nine members. The trustees shall at the first regular
13 meeting of the board determine by lot the year in which each of their
14 terms of office expire, and the terms shall expire as follows: After one
15 year three trustees; after two years three trustees; after three years
16 three trustees. As vacancies occur trustees shall be elected at the
17 annual election herein provided for to serve three year terms by the
18 voters of the library district hereby created, said terms to commence on
19 the first day of the month next following the election. Only qualified
20 voters of the district shall be eligible for election to the board of
21 trustees. The board of trustees at its first meeting each year shall
22 elect or appoint a president and vice-president who shall be members of
23 the board and a secretary, treasurer and such other officers as they
24 deem necessary. If the board so determines, the offices of secretary and
25 treasurer may be held by individuals who are not members of the board of
26 trustees and, in that event, such officer may, if the board so deter-
27 mines, receive compensation as fixed by resolution of the board.
28 § 4. Finances. 1. The initial budget for the Heermance memorial
29 library district shall be determined by a vote of the voters of the
30 district in the initial election as hereinafter provided for. All future
31 budgets that increase the Heermance memorial library proposed total
32 operating expenditures over the total operating expenditures in the last
33 preceding fiscal year's budget shall be submitted to the residents
34 voting at the annual election of trustees pursuant to section two of
35 this act. Funds voted for library purposes at the initial election and
36 at all future budget elections shall be considered an annual appropri-
37 ation therefor and shall be levied and collected yearly in the same
38 manner and at the same time as other taxes in the town of Coxsackie.
39 2. The board of trustees shall annually file with the clerk of the
40 town of Coxsackie on or before the first day of February an estimate of
41 the proposed budget including costs of library services to be raised by
42 levy for the library district in the fiscal year beginning on the first
43 day of July of that year. The town shall not make any change in the
44 estimate of revenues or expenditures submitted by the board of the
45 library district in preparation of its preliminary budget.
46 3. The town board of the town of Coxsackie shall levy a tax against
47 the real property lying within Coxsackie for the amount to be raised by
48 tax as contained in the annual budget of the Heermance memorial library
49 district. The town board may issue tax anticipation notes, anticipation
50 revenue notes and budget notes pursuant to article 2 of the local
51 finance law to obtain the necessary moneys therefor.
52 4. The town board of the town of Coxsackie shall have the power to
53 authorize, sell and issue bonds, notes and other evidences of indebt-
54 edness pursuant to the local finance law in order to permit the library
55 district to provide facilities or improved facilities for library
56 purposes. Upon written request from the board of trustees of the Heer-
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1 mance memorial library district, after approval by the qualified voters
2 of such district, the town board shall authorize, sell and issue such
3 bonds, notes or other evidences of indebtedness as are necessary to
4 accomplish the improvements specified in the notice. The proceeds of
5 such bonds, notes or other evidences of indebtedness shall be paid to
6 the treasurer of the Heermance memorial library district and maintained
7 in a segregated account in accordance with section 165.00 of the local
8 finance law and expended by the treasurer only on specific authorization
9 by the board of trustees.
10 5. The board of trustees of the Heermance memorial library district
11 may accept on behalf of the district any absolute gift, devise or
12 bequest of real or personal property and such conditional gifts, devises
13 or bequests as it shall by resolution approve.
14 6. The treasurer of the Heermance memorial library district shall be
15 custodian of all funds of the library district including gifts and trust
16 funds paid over to the trustees. The board of trustees may authorize the
17 investment of funds in the custody of the treasurer in the same manner
18 in which school district funds may be invested. Proceeds of obligations
19 received from the town may be invested in accordance with section 165.00
20 of the local finance law. The town shall promptly pay over to the Heer-
21 mance memorial library district all moneys which belong to or are raised
22 for the library district. No moneys shall be disbursed by the treasurer
23 of the library district except after audit by the board of trustees. The
24 board of trustees of the Heermance memorial library district shall audit
25 all claims and shall order the payment thereof, except as otherwise
26 provided by this section. No such claims shall be audited or ordered
27 paid by the trustees unless an itemized voucher therefor shall be
28 presented to the board of trustees for audit and allowance. The
29 provisions of this section shall not be applicable to payment of claims
30 of fixed salaries and amounts which the library districts may be
31 required to pay on account of retirement contributions for past or
32 current services to officers and employees of the library district. The
33 treasurer shall keep such records in such manner as the board of trus-
34 tees may require.
35 § 5. Charter, commencement of operations, and transfer of property and
36 employees. The initial trustees shall, within thirty days from the date
37 of approval of the library district by the voters of the district, apply
38 to the board of regents for a charter as a public library. Upon the
39 granting of such a charter by the board of regents, then title to all
40 property, real property, real and person, tangible and intangible, trust
41 and other funds, now held by the Heermance memorial library shall be
42 transferred to, vest in, and be acquired by the Heermance memorial
43 library district hereby established. Upon the granting of such charter
44 by the board of regents, all employees of the Heermance memorial library
45 shall become employees of the library district upon the same terms and
46 conditions of employment and conditions of employment and at the same
47 rate of pay as their previous employment by the Heermance memorial
48 library.
49 § 6. Ad valorem levy. The several lots and parcels of land within the
50 area of said public library district are hereby determined to be bene-
51 fited by the library facilities and devices existing as of the effective
52 date of this act and the town of Coxsackie is hereby authorized to
53 assess, levy and collect the necessary expenses of operation, mainte-
54 nance and repair of such facilities and services and such capital
55 improvements including debt service on bonds, notes or other evidences
56 of indebtedness of the town issued for the purpose of the Heermance
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1 memorial library district as may be hereafter authorized pursuant to the
2 provisions of this act from such lots and parcels of land in the same
3 manner and at the same time as other town charges.
4 § 7. Education law. Except as otherwise provided by this act, the
5 provisions of the education law relating to public libraries shall be
6 applicable to the Heermance memorial library district herein estab-
7 lished.
8 § 8. This act shall take effect immediately.
