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.
STATE OF NEW YORK
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11492
IN ASSEMBLY
June 10, 2004
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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.