Provides for the re-charter of the Troy public library district in the county of Rensselaer as a special district library; amends the public authorities law relating to the construction and financing of facilities for certain public libraries, in relation to including the Troy public library district within the provisions of such chapter.
STATE OF NEW YORK
________________________________________________________________________
11189
IN ASSEMBLY
May 21, 2008
___________
Introduced by M. of A. CANESTRARI -- read once and referred to the
Committee on Libraries and Education Technology
AN ACT in relation to creating a public library district in the city of
Troy, in the county of Rensselaer; and to amend chapter 672 of the
laws of 1993, amending the public authorities law relating to the
construction and financing of facilities for certain public libraries,
in relation to including Troy public library district within the
provisions of such chapter
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 city of Troy, Rensselaer county, a public library district, to be
4 known as the Troy Public Library, which shall include all the territory
5 within the city of Troy, Rensselaer county.
6 § 2. Election. 1. The public library district herein described shall
7 not come into existence unless and until it is approved, the initial
8 proposed budget is approved, and seven trustees are elected by a vote of
9 the majority of the qualified voters voting in an election held pursuant
10 to the following provisions:
11 Upon receipt of a petition signed by not less than fifty voters quali-
12 fied to vote at the November 4, 2008 general election and residing with-
13 in the area of the proposed district, the board of trustees of the
14 existing association library, known as the Troy Public Library, shall
15 give notice of an election to be conducted pursuant to this act. Such
16 election shall be held concurrent with the general election on November
17 4, 2008. If a majority of the voters approve the formation of the
18 district, then the district shall come into existence on the terms and
19 conditions set forth in this act. At such election, the issues shall be:
20 (a) whether the public library district therein described shall be
21 created or not;
22 (b) whether the initial budget therefor proposed by the board of trus-
23 tees of the existing association library shall be approved or disap-
24 proved; and
25 (c) the election of seven trustees as provided by section three of
26 this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15822-05-8
A. 11189 2
1 The trustees of the existing association library shall give notice of
2 such election by the publication of a notice in one or more newspapers
3 having a general circulation in the district to be served. The first
4 publication of such notice shall be not less than thirteen days and not
5 more than twenty days prior to the date of such election. In addition,
6 the board of trustees of the existing association library shall cause
7 copies of such notice to be posted conspicuously in three public places
8 in the district at least thirteen days prior to the date of such
9 election. Such notice shall specify the time when and the place where
10 such election will be held, the issues to be decided at such election
11 and the hours during which polls will be open for the receipt of
12 ballots. The board of trustees of the existing association library
13 shall prepare the ballots for such elections and the polls shall remain
14 open for the receipt thereof at all elections from 6:00 a.m. until 9:00
15 p.m. The board of trustees of the existing association library shall
16 designate a resident qualified voter of such district to act as chair-
17 person of any election of such district and shall designate not less
18 than two nor more than four resident qualified voters to act as election
19 inspectors and ballot clerks at such elections. No trustee or candidate
20 for the office of trustee shall serve as chairperson or as an election
21 inspector or ballot clerk. The board of trustees may adopt a resolution
22 providing that such chairperson, election inspectors and ballot clerks
23 shall be paid for their respective services at the initial election or
24 at subsequent elections, should the new library district be created.
25 Such resolution, if adopted, may fix reasonable compensation for
26 services of such officials. Every voter, otherwise qualified to vote at
27 a general election and residing within the area of the proposed district
28 shall be qualified to vote at said election. After the polls have closed
29 at such election, the election inspectors and the ballot clerks shall
30 immediately canvass publicly the ballots cast and the chairperson of the
31 election shall publicly announce the result. Within seventy-two hours
32 thereafter, the chairperson, election inspectors, and ballot clerks
33 shall execute and file a certificate of the result of the canvass with
34 the board of trustees and the city of Troy.
35 2. In the event that the public library district is created, there
36 shall be an annual election conducted by the board of trustees of the
37 public library district in accordance with the provisions of subdivision
38 one of this section, at a time to be set by the public library
39 district's board, at which election vacancies on the board of trustees
40 shall be filled and at which any proposed budget which the board shall
41 determine to submit to the voters pursuant to section four of this act
42 shall be submitted to the voters.
43 3. Candidates for the office of member of the board of trustees of the
44 public library district shall be nominated by petition. No vacancy on
45 the board of trustees to be filled shall be considered a separate,
46 specific office. A separate petition shall be required to nominate each
47 candidate for a vacancy on the board. Each petition shall be directed to
48 the secretary of the board of trustees, shall be signed by at least
49 twenty-five qualified voters of the district, shall state the residence
50 of each signer, and shall state the name and residence of the candidate.
51 In the event that any such nominees shall withdraw candidacy prior to
52 the election, such person shall not be considered a candidate unless a
53 new petition nominating such person in the same manner and within the
54 same time limitation applicable to other candidates is filed with the
55 secretary of the board of trustees. Each petition shall be filed with
56 the secretary of the board of trustees between the hours of 1:00 p.m.
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1 and 5:00 p.m., not later than the thirtieth day preceding the election
2 at which time the candidates nominated are to be elected. Petitions for
3 candidates for the initial board of trustees of the public library
4 district shall be filed with the secretary of the existing association
5 library. In the event that the new public library district is created,
6 petitions nominating candidates for the board of trustees after the
7 initial election shall be filed with the secretary of the public library
8 district.
9 4. At any election in such district, the voters may adopt a proposi-
10 tion providing that, in all subsequent elections, vacancies on the board
11 of trustees shall be considered separate, specific offices and that the
12 nominating petitions shall describe the specific vacancy upon the board
13 of trustees for which the candidate is nominated, which description
14 shall include at least the length of the term of the office and the name
15 of the last incumbent, if any. No person shall be nominated for more
16 than one specific office. Such procedure shall be followed with respect
17 to all nominations and elections in subsequent years until and unless
18 such proposition is repealed by the electors of the district at a regu-
19 lar election by adoption of a proposition to repeal the same.
20 § 3. Organization and structure. The public library district shall be
21 managed, operated, and controlled by a board of trustees consisting of
22 seven members. The trustees shall take office on the first day of the
23 month following their election and shall, at the first regular meeting
24 of the board, determine when terms of office of each member shall expire
25 as follows: the three trustees receiving the first, second and third
26 highest number of votes shall serve for three years, the two trustees
27 receiving the fourth and fifth highest number of votes shall serve for
28 two years, and the two trustees receiving the sixth and seventh highest
29 number of votes shall serve for one year.
30 As vacancies occur, trustees shall be elected at the annual election
31 provided for by this act to serve three year terms by the voters of the
32 library district hereby created, such terms to commence on the first day
33 of the month next following the election. Only qualified voters of the
34 district who have been residents of the public library district for at
35 least one year prior to the election shall be eligible for election to
36 the board of trustees. The board of trustees at its first meeting each
37 fiscal year shall elect or appoint a president and vice-president who
38 shall be members of the board and a secretary, treasurer, and such other
39 officers as they deem necessary. If the board so determines, the offices
40 of secretary and treasurer may be held by individuals who are not
41 members of the board of trustees and, in that event, such officer may,
42 if the board so determines, receive compensation as fixed by resolution
43 of the board.
44 § 4. Finances. 1. The initial budget for the public library district
45 shall be determined by a vote of the voters of the district in the
46 initial election as hereinafter provided for. All future budgets that
47 increase or decrease the public library proposed total operating expend-
48 itures over the total operating expenditures in the last preceding
49 fiscal year's budget shall be submitted to the residents voting at the
50 annual election of trustees pursuant to section two of this act. Funds
51 voted for library purposes at the initial election and at all future
52 budget elections shall be considered an annual appropriation therefor
53 and shall be levied and collected yearly in the same manner and at the
54 same time as other taxes in the city of Troy. The initial fiscal year
55 of the library district shall be January 1, 2009 through and including
56 December 31, 2009. Taxes voted on and approved for the support of the
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1 library district for the initial fiscal year shall be assessed and
2 levied by December 2008 and shall be included in the tax bill for which
3 payment is due in January 2009. Taxes voted on and approved for the
4 support of the library district for subsequent fiscal years shall be
5 levied in the calendar year directly preceding the library district's
6 fiscal year and shall be included in the tax bills issued during Decem-
7 ber of the calendar year preceding the fiscal year.
8 2. The board of trustees shall annually file with the treasurer of the
9 city of Troy, the dollar amount to be raised by levy for the library
10 district. The city shall not make any change in the dollar amount
11 submitted to the city by the board of the library district.
12 3. The city legislature shall levy a tax against the real property
13 lying within the city of Troy for the amount to be raised by tax as
14 contained in the annual budget of the public library district. The city
15 legislature may issue tax anticipation notes, anticipation revenue notes
16 pursuant to article two of the local finance law to obtain the necessary
17 moneys thereof.
18 4. The city of Troy shall have the power to authorize, sell, and issue
19 bonds, notes, and other evidences of indebtedness pursuant to the local
20 finance law in order to permit the library district to provide facili-
21 ties or improved facilities for library purposes. Upon written request
22 from the board of trustees of the public library district, after
23 approval by the qualified voters of such public library district, the
24 city of Troy shall authorize, sell, and issue such bonds, notes, or
25 other evidences of indebtedness as are necessary to accomplish the
26 improvements specified in the notice. The proceeds of such bonds, notes,
27 or other evidences of indebtedness shall be paid to the treasurer of the
28 public library district and maintained in a segregated account in
29 accordance with section 165.00 of the local finance law and expended by
30 the treasurer only on specific authorization by the board of trustees.
31 5. Upon written request from the board of trustees of the public
32 library district, after approval by the qualified voters of the public
33 library district to provide facilities or improved facilities for
34 library purposes by a separate resolution therefore voted upon at the
35 same time as the annual budget of the library district, the public
36 library district shall have full power and authority to assign and
37 pledge to the dormitory authority any and all public funds to be appor-
38 tioned or otherwise made payable by the state, or a political subdivi-
39 sion, as defined in section 100 of the general municipal law, in an
40 amount sufficient to make all payments required to be made by such
41 public library district pursuant to any agreement entered into between
42 such public library district and the dormitory authority. All state and
43 local officers are hereby authorized and required to pay all such funds
44 so assigned and pledged to the dormitory authority or upon direction of
45 the authority to any trustee of any authority bond or note issued,
46 pursuant to a certificate filed with any such state or local officer by
47 the authority as required by such agreement.
48 6. The board of trustees of the public library district may accept on
49 behalf of the district any absolute gift, devise, or bequest of real or
50 personal property and such conditional gifts, devises, or bequests as it
51 shall by resolution approve.
52 7. The treasurer of the public library district shall be custodian of
53 all funds of the library district, including gifts and trust funds paid
54 over to the trustees. The board of trustees may authorize the investment
55 of funds in the custody of the treasurer in the same manner in which
56 city funds may be invested. Proceeds of obligations received from the
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1 municipality may be invested in accordance with section 165.00 of the
2 local finance law. Pursuant to section two hundred fifty-nine of the
3 education law, the city of Troy shall promptly pay over to the public
4 library district all moneys which belong to or are raised for the
5 library district. No moneys shall be disbursed by the treasurer of the
6 library district except after audit by the board of trustees. The board
7 of trustees of the public library district shall audit all claims and
8 shall order the payment thereof, except as otherwise provided by this
9 section. No such claims shall be audited or ordered paid by the trustees
10 unless an itemized voucher therefor shall be presented to the board of
11 trustees for audit and allowance. The foregoing requirement that no
12 moneys shall be disbursed by the treasurer of the district except after
13 audit by the board of trustees shall not be applicable to payment of
14 claims of fixed salaries and amounts which the library districts may be
15 required to pay on account of retirement contributions for past or
16 current services to officers and employees of the library district. The
17 treasurer shall keep such records in such manner as the board of trus-
18 tees may require.
19 § 5. Extension of the library. The public library district board of
20 trustees may extend the area of the library district to include any
21 contiguous lands within the county not already within a chartered
22 library service area provided that a majority of the voters qualified to
23 vote at a general election and residing within the area of the proposed
24 extension of the library district approve such extension at a special
25 election to be conducted by the public library district board of trus-
26 tees for this purpose in the manner provided in section two of this act.
27 Upon approval of any such proposed extension of the library district,
28 qualified voters residing within the area of the approved extension area
29 shall be eligible to vote at all annual elections thereafter conducted
30 by the board of trustees.
31 § 6. Charter, commencement of operations, and transfer of property and
32 employees. The initially elected trustees shall, within thirty days from
33 the date of approval of the library district by the voters of the
34 district, apply to the board of regents for a charter as a public
35 library. Upon the granting of such a charter by the board of regents,
36 then title to all liabilities and assets, including all property, real
37 and personal, and all other tangible and intangible property, trust and
38 other funds, and all other obligations, now held by the existing associ-
39 ation library shall be transferred to, vested in, and be acquired by the
40 public library district as established by this act. Upon the granting of
41 such charter by the board of regents, all employees of the association
42 library shall become employees of the library district upon the same
43 terms and conditions of employment and at the same rate of pay as their
44 previous employment by the association library, unless otherwise
45 required by the civil service law; further, all those former employees
46 of the association library who retired from the association library by
47 way of submitting all necessary documentation to the New York state
48 public employees' retirement system will be entitled to have any and all
49 obligations incurred by the association library assumed by the library
50 district. Notwithstanding any provision of law or of this act to the
51 contrary, the existing funding and operations of the association library
52 shall continue until such time as the library district is operational
53 and funded as provided in this act.
54 § 7. Ad valorem levy. The several lots and parcels of land within the
55 area of said public library district are hereby determined to be bene-
56 fited by the library facilities and devices existing as of the effective
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1 date of this act, and the city of Troy is hereby authorized to assess,
2 levy, and collect the necessary expenses of operation, maintenance, and
3 repair of such facilities and services and such capital improvements,
4 including debt service on bonds, notes, or other evidences of indebt-
5 edness of the city issued for the purpose of the public library
6 district, as may be hereafter authorized pursuant to the provisions of
7 this act from such lots and parcels of land in the same manner and at
8 the same time as other city charges.
9 § 8. Education law. Except as otherwise provided by this act, the
10 provisions of the education law relating to public libraries shall be
11 applicable to the public library district established by this act.
12 § 9. Section 5 of chapter 672 of the laws of 1993, amending the public
13 authorities law relating to the construction and financing of facilities
14 for certain public libraries, as separately amended by chapters 276,
15 277, 288, 428, 465, 551 and 662 of the laws of 2007, is amended to read
16 as follows:
17 § 5. The following libraries shall be eligible public libraries for
18 purposes of title 4 of article 8 of the public authorities law:
19 Comsewogue Public Library
20 Rogers Memorial Library Company
21 Hendrick Hudson Free Library
22 Riverhead Free Library
23 Northern Onondaga Public Library District
24 Suffern Free Library
25 Haverstraw King's Daughters Public Library
26 Crandall Public Library
27 Sayville Library
28 Monroe Free Library
29 Harborfields Public Library
30 Howland Public Library
31 Patchogue-Medford Library
32 New City Library
33 Babylon Public Library
34 Lindenhurst Memorial Library
35 Great Neck Library
36 Caledonia Public Library
37 Bayport-Blue Point Public Library
38 The Bryant Library
39 Swan Library
40 Bay Shore-Brightwaters Public Library
41 The Albany Public Library
42 Elwood Public Library
43 Peninsula Public Library
44 Smithtown Special Library District
45 Goshen Public Library and Historical Society
46 The Hauppauge Public Library
47 The Nyack Library
48 North Merrick Public Library
49 Southold Free Library
50 The Hampton Library in [Bridegehampton] Bridgehampton, Inc.
51 John Jermain Memorial Library
52 Westhampton Free Library
53 Troy Public Library
54 § 10. This act shall take effect immediately.
