A11492 Summary:

BILL NOA11492
 
SAME ASSAME AS S07450
 
SPONSORRules (Fitzpatrick)
 
COSPNSR
 
MLTSPNSR
 
 
Amends chapter 193 of laws of 2001 relating to Smithtown special library district with respect to boundaries, annual elections and commencement of term of trustees.
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A11492 Actions:

BILL NOA11492
 
06/10/2004referred to libraries and education technology
06/22/2004reported referred to ways and means
06/23/2004reported referred to rules
06/23/2004rules report cal.1589
06/23/2004substituted by s7450
 S07450 AMEND= FLANAGAN
 06/10/2004REFERRED TO RULES
 06/15/2004ORDERED TO THIRD READING CAL.1562
 06/17/2004PASSED SENATE
 06/17/2004DELIVERED TO ASSEMBLY
 06/17/2004referred to libraries and education technology
 06/23/2004substituted for a11492
 06/23/2004ordered to third reading rules cal.1589
 06/23/2004passed assembly
 06/23/2004returned to senate
 11/04/2004DELIVERED TO GOVERNOR
 11/16/2004SIGNED CHAP.711
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A11492 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11492
 
                   IN ASSEMBLY
 
                                      June 10, 2004
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fitzpatrick)
          --  read once and referred to the Committee on Libraries and Education
          Technology
 
        AN ACT to amend chapter 193 of the laws of 2001, relating to the  estab-
          lishment  of  the  Smithtown  special library district, in relation to
          boundaries, annual election and commencement of term of trustees
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1, paragraph 3 of section 2, and section 3 of chap-
     2  ter 193 of the laws of 2001, relating to the establishment of the Smith-
     3  town special library district, are amended to read as follows:
     4    Section  1.  Establishment of library. Notwithstanding any designation
     5  made pursuant to the provisions of chapter 401 of the laws  of  1997  or
     6  any  general,  special  or  local  law  to  the contrary there is hereby
     7  created and established in the  county  of  Suffolk  a  special  library
     8  district  which  shall  be  known  as  the  "Smithtown  special  library
     9  district" and shall include all of the town of Smithtown  excluding  the

    10  areas currently [serviced by] within the boundaries of the Sachem public
    11  library  [and]  or the Emma S. Clark memorial library.  Furthermore, the
    12  residents of the Sachem central school district  or  the  Three  Village
    13  central  school  district who opted into the Smithtown municipal library
    14  and its successor, the Smithtown special library district,  pursuant  to
    15  the provisions of chapter 401 of the laws of 1997, shall be deemed to no
    16  longer be residents or members of the Smithtown special library district
    17  and  shall  be  returned  to and subject to taxation by their respective
    18  school district libraries and shall not  be  assessed  library  district
    19  taxes by the Smithtown assessor for the benefit of the Smithtown special

    20  library district.
    21    3.  In  the  event  that the district is created and after the year in
    22  which the board of trustees of the district are elected there  shall  be
    23  an  annual  election  conducted  by  the  board  in  accordance with the
    24  provisions of this subdivision as hereinafter provided for, at a time to
    25  be set by the board to be held [prior to] on the first [day of July  but
    26  subsequent to the first day of April of] Tuesday after the second Monday
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD18221-03-4

        A. 11492                            2
 

     1  in  October each year, at which election vacancies on the board of trus-
     2  tees shall be filled and at which any proposed budget  which  the  board
     3  shall determine to submit to the voters pursuant to section four of this
     4  act  shall  be  submitted  to  the voters. The trustees of the Smithtown
     5  special library district shall give notice of, prepare ballots  for  and
     6  conduct  said  annual  election  pursuant to the provisions set forth in
     7  paragraph (b) of subdivision 2 of this section.
     8    §  3.  Organization  and  structure.  The  Smithtown  special  library
     9  district  shall  be managed, operated and controlled by a board of trus-
    10  tees consisting initially of the members of the board of trustees of the
    11  Smithtown library residing in the  Smithtown  special  library  district
    12  until June 30, 2002, and thereafter by seven elected trustees. The trus-

    13  tees  shall at the first regular meeting of the board after the election
    14  conducted pursuant to paragraph (b) of subdivision 2 of section  two  of
    15  this  act  determine  by  lot  the year in which each of their successor
    16  terms of office expire, and the terms shall expire as follows: after one
    17  year-two trustees; after two years-three trustees; after three years-two
    18  trustees.   Trustees shall be elected  at  the  annual  election  herein
    19  provided  for  to  serve  three  year terms by the voters of the special
    20  library district hereby created, said terms to commence on the first day
    21  of [July] January next following the election. Only qualified voters  of
    22  the  district  shall  be eligible for election to the board of trustees.
    23  The board of trustees at its first meeting  each  year  shall  elect  or
    24  appoint a president and vice-president who shall be members of the board

    25  and  a  clerk, treasurer and such other officers as they deem necessary.
    26  If the board so determines, the offices of clerk and  treasurer  may  be
    27  held by individuals who are not members of the board of trustees and, in
    28  that  event,  such  officers  may,  if  the board so determines, receive
    29  compensation as fixed by resolution of the board.   The  trustees  shall
    30  fill  any  vacancy  occurring in the office of any trustee other than by
    31  the expiration of his or her term by electing another trustee who  shall
    32  hold office until the next annual election of trustees.
    33    §  2. This act shall take effect on the first of January next succeed-
    34  ing the day it shall have become law  and  any  trustee  whose  term  of
    35  office  is  set  to expire on the thirtieth of June of the year in which
    36  this act shall  have taken effect or any succeeding year, shall have his

    37  or her term extended to expire on the thirty-first of December  in  such
    38  year.
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