Creates the Hurley library district in the town of Hurley, New York; needs to be approved by a vote of the qualified voters voting in an election to be held prior to November 30, 2001.
STATE OF NEW YORK
________________________________________________________________________
8617
2001-2002 Regular Sessions
IN ASSEMBLY
April 30, 2001
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cahill) --
read once and referred to the Committee on Libraries and Education
Technology
AN ACT in relation to creating the Hurley library district in the town
of Hurley, New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Creation of library district. Notwithstanding the
2 provisions of any general, special or local law to the contrary, there
3 is hereby created and established in the county of Ulster a public
4 library district which shall include the town of Hurley. The public
5 library district shall be known as the Hurley library district and shall
6 include all of the town of Hurley, except those portions of such town
7 which are served by the West Hurley library district.
8 § 2. Election. 1. The public library district herein described shall
9 not come into existence unless and until it is approved and the initial
10 proposed budget is approved by a vote of the majority of the qualified
11 voters voting in an election held pursuant to the following provisions:
12 Upon receipt of a petition signed by not less than fifty voters quali-
13 fied to vote at a general town election, the board of trustees of the
14 existing Hurley library shall give notice of an election to be held
15 prior to November 30, 2001. If a majority of the voters approve the
16 formation of the district, then the district shall come into existence
17 on the terms and conditions set forth in this act. At such election the
18 issue shall be:
19 (a) whether the public library district therein described shall be
20 created or not;
21 (b) whether the budget therefor proposed by the board of trustees of
22 the Hurley library shall be approved or disapproved; and
23 (c) the election of nine trustees as provided by this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11062-03-1
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1 The trustees of the existing Hurley library shall give notice of such
2 election by the publication of a notice in one or more newspapers having
3 a general circulation in the district to be served. The first publica-
4 tion of such notice shall be not less than thirteen days and not more
5 than twenty days prior to the date of such election. In addition, the
6 board of trustees of the existing Hurley library shall cause copies of
7 such notice to be posted conspicuously in three public places in the
8 district at least thirteen days prior to the date of such election.
9 Such notice shall specify the time when and the place where such
10 election will be held, the issues to be decided at such election and the
11 hours during which polls will be open for the receipt of ballots thereof
12 at all elections from 2:00 p.m. until 8:00 p.m. The board of trustees of
13 the existing Hurley library shall designate a resident qualified voter
14 of such district to act as chairperson of any election of such district
15 and shall designate not less than two nor more than four resident quali-
16 fied voters at the polling place which shall be the Hurley library to
17 act as election inspectors and ballot clerks at such elections. No trus-
18 tee shall serve as chairperson or as an election inspector or ballot
19 clerk. The board of trustees may adopt a resolution providing that such
20 chairperson, election inspectors and ballot clerks shall be paid for
21 their respective services at the initial election. Such resolution, if
22 adopted, may fix reasonable compensation for their services of such
23 official. Every voter of the district, otherwise qualified to vote at a
24 town election shall be qualified to vote at said election. After the
25 polls have closed at such election, the election inspectors and the
26 ballot clerks shall immediately canvass publicly the ballots cast and
27 the chairperson of the election shall publicly announce the result.
28 Within seventy-two hours thereafter, the chairperson, election inspec-
29 tors and ballot clerks shall execute and file a certificate of the
30 result of the canvass with the board of trustees and the Hurley town
31 clerk.
32 2. In the event that the district is created, there shall be an annual
33 election conducted by the board of trustees of the Hurley library
34 district in accordance with the provisions of subdivision 1 of this
35 section, at a time to be set by the board, at which election vacancies
36 on the board of trustees shall be filled and at which any proposed budg-
37 et which the board shall determine to submit to the voters pursuant to
38 section four of this act shall be submitted to the voters.
39 3. Candidates for the office of member of the board of trustees of the
40 Hurley library district shall be nominated by petition. No vacancy on
41 the board of trustees to be filled shall be considered a separate
42 specific office. A separate petition shall be required to nominate each
43 candidate for a vacancy on the board. Each petition shall be directed to
44 the secretary of the board of trustees, shall be signed by at least ten
45 qualified voters of the district, shall state the residence of each
46 signer, and shall state the name and residence of the candidate. In the
47 event that any such nominees shall withdraw candidacy prior to the
48 election, such person shall not be considered a candidate unless a new
49 petition nominating such person in the same manner and within the same
50 time limitation applicable to other candidates is filed with the secre-
51 tary of the board of trustees. Each petition shall be filed with the
52 secretary of the board of trustees between the hours of 9:00 a.m. and
53 5:00 p.m., not later than the thirtieth day preceding the election at
54 which time the candidates nominated are to be elected. In the event the
55 district is created, petitions nominating candidates for the board of
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1 trustees after the initial election shall be filed with the secretary of
2 the Hurley library district.
3 4. At any election in such district, the voters may adopt a proposi-
4 tion providing that, in all subsequent elections, vacancies on the board
5 of trustees shall be considered separate specific offices and that the
6 nominating petitions shall describe the specific vacancy upon the board
7 of trustees for which the candidate is nominated, which description
8 shall include at least the length of the term of the office and the name
9 of the last incumbent, if any. No person shall be nominated for more
10 than one specific office. Such procedure shall be followed with respect
11 to all nominations and elections in subsequent years until and unless
12 such proposition is repealed by the electors of the district at a regu-
13 lar election by adoption of a proposition to repeal the same.
14 § 3. Organization and structure. The Hurley library district shall be
15 managed, operated and controlled by a board of trustees consisting of
16 nine members. The trustees shall at the first regular meeting of the
17 board determine by lot the year in which each of their terms of office
18 expire, and the terms shall expire as follows:
19 After one year two trustees; after two years two trustees; after three
20 years two trustees; after four years three trustees. As vacancies occur
21 trustees shall be elected at the annual election provided for by this
22 act to serve four year terms by the voters of the library district here-
23 by created, such terms to commence on the first day of the month next
24 following the election. Only qualified voters of the district shall be
25 eligible for election to the board of trustees. The board of trustees at
26 its first meeting each year shall elect or appoint a president and vice-
27 president who shall be members of the board and a secretary, treasurer
28 and such other officers as they deem necessary. If the board so deter-
29 mines, the offices of secretary and treasurer may be held by individuals
30 who are not members of the board of trustees and, in that event, such
31 officer may, if the board so determines, receive compensation as fixed
32 by resolution of the board.
33 § 4. Finances. 1. The initial budget for the Hurley library district
34 shall be determined by a vote of the voters of the district in the
35 initial election as hereinafter provided for. All future budgets that
36 increase the Hurley library proposed total operating expenditures over
37 the total operating expenditures in the last preceding fiscal year's
38 budget shall be submitted to the residents voting at the annual election
39 of trustees pursuant to section two of this act. Funds voted for library
40 purposes at the initial election and at all future budget elections
41 shall be considered an annual appropriation therefor and shall be levied
42 and collected yearly in the same manner and at the same time as other
43 taxes in the town of Hurley.
44 2. The board of trustees shall annually file with the clerk of the
45 town of Hurley on or before the first day of October an estimate of the
46 proposed budget including costs of library services to be raised by levy
47 for the library district in the fiscal year beginning on the first day
48 of January of that year. The town shall not make any change in the esti-
49 mate of revenues or expenditures submitted by the board of the library
50 district in preparation of its preliminary budget.
51 3. The town board of the town of Hurley shall levy a tax against the
52 real property lying within Hurley for the amount to be raised by tax as
53 contained in the annual budget of the Hurley library district. The town
54 board may issue tax anticipation notes, anticipation revenue notes and
55 budget notes pursuant to article 2 of the local finance law to obtain
56 the necessary moneys therefor.
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1 4. The town board of the town of Hurley shall have the power to
2 authorize, sell and issue bonds, notes and other evidences of indebt-
3 edness pursuant to the local finance law in order to permit the library
4 district to provide facilities or improved facilities for library
5 purposes. Upon written request from the board of trustees of the Hurley
6 library district, after approval by the qualified voters of such
7 district, the town board shall authorize, sell and issue such bonds,
8 notes or other evidences of indebtedness as are necessary to accomplish
9 the improvements specified in the notice. The proceeds of such bonds,
10 notes or other evidences of indebtedness shall be paid to the treasurer
11 of the Hurley library district and maintained in a segregated account in
12 accordance with section 165.00 of the local finance law and expended by
13 the treasurer only on specific authorization by the board of trustees.
14 5. The board of trustees of the Hurley library district may accept on
15 behalf of the district any absolute gift, devise or bequest of real or
16 personal property and such conditional gifts, devises or bequests as it
17 shall by resolution approve.
18 6. The treasurer of the Hurley library district shall be custodian of
19 all funds of the library district including gifts and trust funds paid
20 over to the trustees. The board of trustees may authorize the investment
21 of funds in the custody of the treasurer in the same manner in which
22 school district funds may be invested. Proceeds of obligations received
23 from the town may be invested in accordance with section 165.00 of the
24 local finance law. The town shall promptly pay over to the Hurley
25 library district all moneys which belong to or are raised for the
26 library district. No moneys shall be disbursed by the treasurer of the
27 library district except after audit by the board of trustees. The board
28 of trustees of the Hurley library district shall audit all claims and
29 shall order the payment thereof, except as otherwise provided by this
30 section. No such claims shall be audited or ordered paid by the trustees
31 unless an itemized voucher therefor shall be presented to the board of
32 trustees for audit and allowance. The provisions of this section shall
33 not be applicable to payment of claims of fixed salaries and amounts
34 which the library districts may be required to pay on account of retire-
35 ment contributions for past or current services to officers and employ-
36 ees of the library district. The treasurer shall keep such records in
37 such manner as the board of trustees may require.
38 § 5. Charter, commencement of operations, and transfer of property and
39 employees. The initial trustees shall, within thirty days from the date
40 of approval of the library district by the voters of the district, apply
41 to the board of regents for a charter as a public library. Upon the
42 granting of such a charter by the board of regents, then title to all
43 property, real property, real and personal, tangible and intangible,
44 trust and other funds, now held by the Hurley library shall be trans-
45 ferred to, vest in, and be acquired by the Hurley library district
46 established by this act. Upon the granting of such charter by the board
47 of regents, all employees of the Hurley library shall become employees
48 of the library district upon the same terms and conditions of employment
49 and at the same rate of pay as their previous employment by the Hurley
50 library.
51 § 6. Ad valorem levy. The several lots and parcels of land within the
52 area of said public library district are hereby determined to be bene-
53 fited by the library facilities and devices existing as of the effective
54 date of this act and the town of Hurley is hereby authorized to assess,
55 levy and collect the necessary expenses of operation, maintenance and
56 repair of such facilities and services and such capital improvements
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1 including debt service on bonds, notes or other evidences of indebt-
2 edness of the town issued for the purpose of the Hurley library district
3 as may be hereafter authorized pursuant to the provisions of this act
4 from such lots and parcels of land in the same manner and at the time as
5 other town charges.
6 § 7. Education law. Except as otherwise provided by this act, the
7 provisions of the education law relating to public libraries shall be
8 applicable to the Hurley library district established by this act.
9 § 8. This act shall take effect immediately.
