STATE OF NEW YORK
________________________________________________________________________
10577
IN ASSEMBLY
April 16, 2008
___________
Introduced by M. of A. OAKS -- read once and referred to the Committee
on Libraries and Education Technology
AN ACT in relation to creating the Palmyra Community public library
district in the county of Wayne
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 Wayne, a public
4 library district in the town of Palmyra, excluding the portion of the
5 town that lies within the Newark central school district, and shall be
6 known as the Palmyra Community public library district.
7 § 2. Election. 1. The public library district herein described shall
8 not come into existence unless and until it is approved, the initial
9 proposed budget is approved, and seven trustees are elected by a vote of
10 the majority of the qualified voters voting in an election held pursuant
11 to the following provisions:
12 Upon receipt of a petition signed by not less than twenty-five voters
13 qualified to vote at a general election and residing within the area of
14 the proposed district, the board of trustees of the existing Palmyra
15 Kings Daughters free library shall give notice of an election to be
16 conducted pursuant to this act. Such election shall be held within one
17 year after this act shall have become a law. If a majority of the voters
18 approve the formation of the district, then the district shall come into
19 existence on the terms and conditions set forth in this act. At such
20 election the issue shall be:
21 (a) whether the public library district therein described shall be
22 created or not;
23 (b) whether the initial budget therefor proposed by the board of trus-
24 tees of the Palmyra Kings Daughters free library shall be approved or
25 disapproved; and
26 (c) the election of seven trustees as provided by section three of
27 this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15979-03-8
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1 The trustees of the existing Palmyra Kings Daughters free library
2 shall give notice of such election by the publication of a notice in one
3 or more newspapers having a general circulation in the district to be
4 served. The first publication of such notice shall be not less than
5 thirteen days and not more than twenty days prior to the date of such
6 election. In addition, the board of trustees of the existing Palmyra
7 Kings Daughters free library shall cause copies of such notice to be
8 posted conspicuously in three public places in the district at least
9 thirteen days prior to the date of such election. Such notice shall
10 specify the time when and the place where such election will be held,
11 the issues to be decided at such election and the hours during which
12 polls will be open for the receipt of ballots. The board of trustees of
13 the existing Palmyra Kings Daughters free library shall prepare the
14 ballots for such elections and the polls shall remain open for the
15 receipt thereof at all elections from 12:00 p.m. until 9:00 p.m. The
16 board of trustees of the existing Palmyra Kings Daughters free library
17 shall designate a resident qualified voter of such district to act as
18 chairperson of any election of such district and shall designate not
19 less than two nor more than four resident qualified voters to act as
20 election inspectors and ballot clerks at such elections. No trustee or
21 candidate for the office of trustee shall serve as chairperson or as an
22 election inspector or ballot clerk. The board of trustees may adopt a
23 resolution providing that such chairperson, election inspectors and
24 ballot clerks shall be paid for their respective services at the initial
25 election or at subsequent elections, should the new library district be
26 created. Such resolution, if adopted, may fix reasonable compensation
27 for services of such officials. Every voter, otherwise qualified to
28 vote at a general election and residing within the area of the proposed
29 district shall be qualified to vote at said election. After the polls
30 have closed at such election, the election inspectors and the ballot
31 clerks shall immediately canvass publicly the ballots cast and the
32 chairperson of the election shall publicly announce the result. Within
33 seventy-two hours thereafter, the chairperson, election inspectors, and
34 ballot clerks shall execute and file a certificate of the result of the
35 canvass with the board of trustees and the clerk for the town of Palmy-
36 ra.
37 2. In the event that the district is created, there shall be an annual
38 election conducted by the board of trustees of the Palmyra Community
39 public library district in accordance with the provisions of subdivision
40 one of this section, at a time to be set by the public library
41 district's board, at which election vacancies on the board of trustees
42 shall be filled and at which any proposed budget which the board shall
43 determine to submit to the voters pursuant to section four of this act
44 shall be submitted to the voters.
45 3. Candidates for the office of member of the board of trustees of the
46 Palmyra Community public library district shall be nominated by peti-
47 tion. No vacancy on the board of trustees to be filled shall be consid-
48 ered a separate, specific office. A separate petition shall be required
49 to nominate each candidate for a vacancy on the board. Each petition
50 shall be directed to the secretary of the board of trustees, shall be
51 signed by at least twenty-five qualified voters of the district, shall
52 state the residence of each signer, and shall state the name and resi-
53 dence of the candidate. In the event that any such nominees shall with-
54 draw candidacy prior to the election, such person shall not be consid-
55 ered a candidate unless a new petition nominating such person in the
56 same manner and within the same time limitation applicable to other
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1 candidates is filed with the secretary of the board of trustees. Each
2 petition shall be filed with the secretary of the board of trustees
3 between the hours of 1:00 p.m. and 5:00 p.m., not later than the thir-
4 tieth day preceding the election at which time the candidates nominated
5 are to be elected. Petitions for candidates for the initial board of
6 trustees of the Palmyra Community public library district shall be filed
7 with the secretary of the Palmyra Kings Daughters free library. In the
8 event that the new district is created, petitions nominating candidates
9 for the board of trustees after the initial election shall be filed with
10 the secretary of the Palmyra Community public library district.
11 4. At any election in such district, the voters may adopt a proposi-
12 tion providing that, in all subsequent elections, vacancies on the board
13 of trustees shall be considered separate, specific offices and that the
14 nominating petitions shall describe the specific vacancy upon the board
15 of trustees for which the candidate is nominated, which description
16 shall include at least the length of the term of the office and the name
17 of the last incumbent, if any. No person shall be nominated for more
18 than one specific office. Such procedure shall be followed with respect
19 to all nominations and elections in subsequent years until and unless
20 such proposition is repealed by the electors of the district at a regu-
21 lar election by adoption of a proposition to repeal the same.
22 § 3. Organization and structure. The Palmyra Community public library
23 district shall be managed, operated, and controlled by a board of trus-
24 tees consisting of seven members. The trustees shall take office on the
25 first day of the month following their election and shall, at the first
26 regular meeting of the board, determine when terms of office of each
27 member shall expire as follows: the three trustees receiving the first,
28 second and third highest number of votes shall serve for four years, the
29 three trustees receiving the fourth, fifth and sixth highest number of
30 votes shall serve for three years, the one trustee receiving the seventh
31 highest number of votes shall serve for two years.
32 As vacancies occur, trustees shall be elected at the annual election
33 provided for by this act to serve four year terms by the voters of the
34 library district hereby created, such terms to commence on the first day
35 of the month next following the election. Only qualified voters of the
36 district who have been residents of the public library district for at
37 least one year prior to the election shall be eligible for election to
38 the board of trustees. The board of trustees at its first meeting each
39 fiscal year shall elect or appoint a president and vice-president who
40 shall be members of the board and a secretary, treasurer, and such other
41 officers as they deem necessary. If the board so determines, the offices
42 of secretary and treasurer may be held by individuals who are not
43 members of the board of trustees and, in that event, such officer may,
44 if the board so determines, receive compensation as fixed by resolution
45 of the board.
46 § 4. Finances. 1. The initial budget for the Palmyra Community public
47 library district shall be determined by a vote of the voters of the
48 district in the initial election as hereinafter provided for. All future
49 budgets that increase or decrease the Palmyra Community public library
50 proposed total operating expenditures over the total operating expendi-
51 tures in the last preceding fiscal year's budget shall be submitted to
52 the residents voting at the annual election of trustees pursuant to
53 section two of this act. Funds voted for library purposes at the initial
54 election and at all future budget elections shall be considered an annu-
55 al appropriation therefor and shall be levied and collected yearly in
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1 the same manner and at the same time as other taxes in the town of
2 Palmyra.
3 2. The board of trustees shall annually file with the financial offi-
4 cers of the town of Palmyra, the dollar amount to be raised by levy for
5 the library district. The town shall not make any change in the dollar
6 amount submitted to the town of Palmyra by the board of the library
7 district.
8 3. The town of Palmyra shall levy a tax against the real property
9 lying within the boundaries of the Palmyra Community library district
10 for the amount to be raised by tax as contained in the annual budget of
11 the Palmyra Community library district. The town of Palmyra may issue
12 tax anticipation notes, revenue anticipation notes, and budget notes
13 pursuant to article 2 of the local finance law to obtain the necessary
14 moneys therefor.
15 4. The town of Palmyra shall have the power to authorize, sell, and
16 issue bonds, notes, and other evidences of indebtedness pursuant to the
17 local finance law in order to permit the library district to provide
18 facilities or improved facilities for library purposes. Upon written
19 request from the board of trustees of the Palmyra Community public
20 library district, after approval by the qualified voters of such public
21 library district, the town of Palmyra shall authorize, sell, and issue
22 such bonds, notes, or other evidences of indebtedness as are necessary
23 to accomplish the improvements specified in the notice. The proceeds of
24 such bonds, notes, or other evidences of indebtedness shall be paid to
25 the treasurer of the Palmyra Community public library district and main-
26 tained in a segregated account in accordance with section 165.00 of the
27 local finance law and expended by the treasurer only on specific author-
28 ization by the board of trustees.
29 5. The board of trustees of the Palmyra Community public library
30 district may accept on behalf of the district any absolute gift, devise,
31 or bequest of real or personal property and such conditional gifts,
32 devises, or bequests as it shall by resolution approve.
33 6. The treasurer of the Palmyra Community public library district
34 shall be custodian of all funds of the library district, including gifts
35 and trust funds paid over to the trustees. The board of trustees may
36 authorize the investment of funds in the custody of the treasurer in the
37 same manner in which school district funds may be invested. Proceeds of
38 obligations received from the municipality may be invested in accordance
39 with section 165.00 of the local finance law. The town of Palmyra shall
40 promptly pay over to the Palmyra Community public library district all
41 moneys which belong to or are raised for the library district. No moneys
42 shall be disbursed by the treasurer of the library district except after
43 audit by the board of trustees. The board of trustees of the Palmyra
44 Community public library district shall audit all claims and shall order
45 the payment thereof, except as otherwise provided by this section. No
46 such claims shall be audited or ordered paid by the trustees unless an
47 itemized voucher therefor shall be presented to the board of trustees
48 for audit and allowance. The foregoing requirement that no moneys shall
49 be disbursed by the treasurer of the district except after audit by the
50 board of trustees shall not be applicable to payment of claims of fixed
51 salaries and amounts which the library districts may be required to pay
52 on account of retirement contributions for past or current services to
53 officers and employees of the library district. The treasurer shall keep
54 such records in such manner as the board of trustees may require.
55 § 5. Charter, commencement of operations, and transfer of property and
56 employees. The initially elected trustees shall, within thirty days from
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1 the date of approval of the library district by the voters of the
2 district, apply to the board of regents for a charter as a public
3 library. Upon the granting of such a charter by the board of regents,
4 then title to all liabilities and assets, including all property, real
5 and personal, and all other tangible and intangible property, trust and
6 other funds, and all other obligations, now held by the Palmyra Kings
7 Daughters free library shall be transferred to, vested in, and be
8 acquired by the Palmyra Community public library district as established
9 by this act. Upon the granting of such charter by the board of regents,
10 all employees of the Palmyra Kings Daughters free library shall become
11 employees of the library district upon the same terms and conditions of
12 employment and at the same rate of pay as their previous employment by
13 the Palmyra Kings Daughters free library; further, specifically and
14 notwithstanding any other provision of law to the contrary, the Palmyra
15 Community library district shall become and remain liable to any employ-
16 ees of the Palmyra Kings Daughters free library who retired prior to
17 December 31, 2007, with regards to continuing health insurance coverage
18 to the same extent as was the Palmyra Kings Daughters free library prior
19 to the creation of the library district.
20 § 6. Ad valorem levy. The several lots and parcels of land within the
21 area of said public library district are hereby determined to be bene-
22 fited by the library facilities and devices existing as of the effective
23 date of this act, and the town of Palmyra is hereby authorized to
24 assess, levy, and collect the necessary expenses of operation, mainte-
25 nance, and repair of such facilities and services and such capital
26 improvements, including debt service on bonds, notes, or other evidences
27 of indebtedness of the school districts or municipalities issued for the
28 purpose of the Palmyra Community public library district, as may be
29 hereafter authorized pursuant to the provisions of this act from such
30 lots and parcels of land in the same manner and at the same time as
31 other municipal or school district charges.
32 § 7. Education law. Except as otherwise provided by this act, the
33 provisions of the education law relating to public libraries shall be
34 applicable to the Palmyra Community public library district established
35 by this act.
36 § 8. This act shall take effect immediately.
