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S05820 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5820

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                     June 4, 2015
                                      ___________

       Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government

       AN ACT to amend chapter 524 of the laws of 1987, relating to  establish-
         ing the Greater Poughkeepsie library district, in the city and town of
         Poughkeepsie, Dutchess county, in relation to the election of trustees
         and the annual budget of such library

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 6 of chapter 524 of the laws of 1987,  relating  to
    2  establishing  the Greater Poughkeepsie library district, in the city and
    3  town of Poughkeepsie, Dutchess county, as amended by chapter 361 of  the
    4  laws of 1997, is amended to read as follows:
    5    S  6.  (A)  The  district  shall  be  governed  by a board of trustees
    6  consisting of eleven trustees.  [The trustees of the Greater  Poughkeep-
    7  sie library district as of the effective date of the chapter of the laws
    8  of  1997  which added this provision shall become trustees, immediately,
    9  of the Poughkeepsie public library  district.]  Seven  of  the  trustees
   10  shall  be  elected at an election to be held within the town and four of
   11  the trustees shall be elected at an  election  to  be  held  within  the
   12  portion of the district located in the city. The trustees elected at the
   13  election  in  the  town  must  be residents of the town and the trustees
   14  elected in the city must be residents of the city.
   15    (B) THERE SHALL BE AN ANNUAL ELECTION ON THE THIRD OR  FOURTH  TUESDAY
   16  OF OCTOBER CONDUCTED BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ACCORD-
   17  ANCE  WITH  THE  PROVISIONS  OF  THIS SECTION AT A TIME TO BE SET BY THE
   18  BOARD OF TRUSTEES OF THE DISTRICT, AT WHICH ELECTION  VACANCIES  ON  THE
   19  BOARD  OF  TRUSTEES SHALL BE FILLED. THE BOARD OF TRUSTEES OF THE POUGH-
   20  KEEPSIE PUBLIC LIBRARY DISTRICT SHALL GIVE NOTICE OF SUCH  ELECTIONS  BY
   21  PUBLICATION  OF NOTICE AT LEAST TWICE IN ONE OR MORE NEWSPAPERS HAVING A
   22  GENERAL CIRCULATION IN THE DISTRICT TO BE SERVED. THE FIRST  PUBLICATION
   23  OF  SUCH  NOTICE  SHALL BE NOT LESS THAN THIRTEEN DAYS AND NOT MORE THAN

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11375-03-5
       S. 5820                             2

    1  TWENTY DAYS PRIOR TO THE DATE OF SUCH ELECTION. IN ADDITION,  THE  BOARD
    2  OF  TRUSTEES  OF  THE  DISTRICT  SHALL CAUSE COPIES OF SUCH NOTICE TO BE
    3  POSTED CONSPICUOUSLY IN THREE PUBLIC PLACES IN  THE  DISTRICT  AT  LEAST
    4  THIRTEEN  DAYS  PRIOR  TO  THE  DATE OF SUCH ELECTION. SUCH NOTICE SHALL
    5  SPECIFY THE DATE AND TIME WHEN AND THE PLACE WHERE SUCH ELECTION WILL BE
    6  HELD. THE BOARD OF TRUSTEES SHALL DESIGNATE A RESIDENT  QUALIFIED  VOTER
    7  OF  SUCH DISTRICT TO ACT AS CHAIRPERSON OF ANY ELECTION OF SUCH DISTRICT
    8  AND SHALL DESIGNATE NOT LESS THAN TWO NOR MORE THAN FOUR RESIDENT QUALI-
    9  FIED VOTERS TO ACT AS ELECTION INSPECTORS  AND  BALLOT  CLERKS  AT  SUCH
   10  ELECTION.  NO  TRUSTEE OF THE POUGHKEEPSIE LIBRARY SHALL SERVE AS CHAIR-
   11  PERSON OR AS AN ELECTION INSPECTOR OR BALLOT CLERK. THE BOARD  OF  TRUS-
   12  TEES  MAY  ADOPT  A RESOLUTION PROVIDING THAT SUCH CHAIRPERSON, ELECTION
   13  INSPECTORS AND BALLOT CLERKS SHALL BE PAID REASONABLE  COMPENSATION  FOR
   14  THEIR  RESPECTIVE  SERVICES AT SUCH ELECTION. EVERY VOTER WHO IS A RESI-
   15  DENT OF THE DISTRICT AND  OTHERWISE  QUALIFIED  TO  VOTE  AT  A  GENERAL
   16  ELECTION  IN  THE  TOWN  OR  CITY  SHALL  BE  QUALIFIED  TO VOTE AT SAID
   17  ELECTION. THE BOARD OF TRUSTEES MAY, TO THE EXTENT  AUTHORIZED  BY  LAW,
   18  AUTHORIZE  THE USE OF ABSENTEE BALLOTS FOR THE ELECTION. AFTER THE POLLS
   19  HAVE CLOSED AT SUCH ELECTION, THE ELECTION  INSPECTORS  AND  THE  BALLOT
   20  CLERKS  SHALL  IMMEDIATELY  CANVASS  PUBLICLY  THE  BALLOTS CAST AND THE
   21  CHAIRPERSON OF THE ELECTION SHALL PUBLICLY ANNOUNCE THE  RESULT.  WITHIN
   22  SEVENTY-TWO  HOURS  THEREAFTER, THE CHAIRPERSON, ELECTION INSPECTORS AND
   23  BALLOT CLERKS SHALL EXECUTE AND FILE A CERTIFICATE OF THE RESULT OF  THE
   24  CANVASS  WITH THE BOARD OF TRUSTEES OF THE LIBRARY AND THE TOWN AND CITY
   25  CLERKS.
   26    (C) CANDIDATES FOR THE OFFICE OF MEMBER OF THE BOARD  OF  TRUSTEES  OF
   27  THE POUGHKEEPSIE PUBLIC LIBRARY DISTRICT SHALL BE NOMINATED BY PETITION.
   28  NO  VACANCY  TO BE FILLED ON THE BOARD OF TRUSTEES SHALL BE CONSIDERED A
   29  SEPARATE, SPECIFIC OFFICE. A SEPARATE  PETITION  SHALL  BE  REQUIRED  TO
   30  NOMINATE  EACH CANDIDATE FOR A VACANCY ON THE BOARD. EACH PETITION SHALL
   31  BE DIRECTED TO THE SECRETARY OF THE BOARD OF TRUSTEES  OF  THE  LIBRARY,
   32  SHALL  BE  SIGNED  BY  AT  LEAST  TWENTY-FIVE  QUALIFIED  VOTERS  OF THE
   33  DISTRICT, SHALL STATE THE RESIDENCE OF EACH SIGNER, AND SHALL STATE  THE
   34  NAME AND RESIDENCE OF THE CANDIDATE. IN THE EVENT THAT ANY SUCH NOMINEES
   35  SHALL  WITHDRAW THEIR CANDIDACY PRIOR TO THE ELECTION, SUCH PERSON SHALL
   36  NOT BE CONSIDERED A CANDIDATE UNLESS  A  NEW  PETITION  NOMINATING  SUCH
   37  PERSON IN THE SAME MANNER AND WITHIN THE SAME TIME LIMITATION APPLICABLE
   38  TO OTHER CANDIDATES IS FILED WITH THE SECRETARY OF THE BOARD OF TRUSTEES
   39  OF  THE  LIBRARY. EACH PETITION SHALL BE FILED WITH THE SECRETARY OF THE
   40  BOARD OF TRUSTEES OF THE LIBRARY, BETWEEN THE HOURS  OF  9:00  A.M.  AND
   41  5:00 P.M., NOT LATER THAN THE THIRTIETH DAY BEFORE THE ELECTION AT WHICH
   42  THE CANDIDATES NOMINATED ARE TO BE ELECTED.
   43    (D) The trustees shall serve for a term of five years and until his or
   44  her successor is elected and qualified. Two-thirds of the trustees shall
   45  constitute  a  quorum. Action of the trustees shall require a two-thirds
   46  vote of the entire board.  Vacancies shall be filled by  appointment  by
   47  the  trustees[, provided, however, that an election shall be held at the
   48  first available general election day after the happening of a  vacancy].
   49  The  person  or  persons  appointed  by the trustees shall serve until a
   50  successor is elected and qualified as  provided  herein.  Vacancies  for
   51  trustees  elected  within the city shall be filled by city residents and
   52  vacancies for trustees elected within the town shall be filled  by  town
   53  residents.
   54    S 2.  Subdivision (b) of section 3 of chapter 524 of the laws of 1987,
   55  relating  to  establishing the Greater Poughkeepsie library district, in
       S. 5820                             3

    1  the city and town of Poughkeepsie, Dutchess county, as amended by  chap-
    2  ter 361 of the laws of 1997, is amended to read as follows:
    3    (b)  Commencing  in 1997 for the budget to be prepared for fiscal year
    4  1998 the proposed annual budget, and propositions of supplemental appro-
    5  priations, if any, and a proposition for capital  expenditure,  if  any,
    6  for  the  district as established by the trustees shall be placed before
    7  the voters in the general election ON THE SAME DAY  AND  BALLOT  AS  THE
    8  GENERAL  ELECTION  AS  ADMINISTERED  BY  THE BOARD OF ELECTIONS WITH THE
    9  RESULTS OF SAID ELECTION BEING CERTIFIED BY THE BOARD  OF  ELECTIONS  in
   10  the  year  preceding  the  year  for  which the proposed budget has been
   11  established. Each proposition for supplemental appropriation shall iden-
   12  tify a singular purpose and specific dollar appropriation and  shall  be
   13  worded  in  such a manner as to require an affirmative vote for passage.
   14  All budget propositions, including the annual  budget  propositions  for
   15  supplemental  appropriations,  and propositions for capital expenditures
   16  will require approval by a majority of voters in the city and,  also,  a
   17  majority of voters in the town, hereinafter referred to as the majority.
   18  Upon  approval of such proposed operating budget, and of the proposition
   19  for supplemental appropriations,  and  of  the  proposition  authorizing
   20  indebtedness  for  capital  construction  by  the majority, the proposed
   21  budget including the supplemental appropriations  and  capital  revenues
   22  and expenditures shall become the budget of the district for the follow-
   23  ing  fiscal  year. In the event that the proposition for indebtedness is
   24  approved by the majority, the city and the town shall incur such indebt-
   25  edness on behalf of the district, and such indebtedness shall be  appor-
   26  tioned  between  the city and the town pursuant to the formula set forth
   27  in this section. In the event that the proposed budget is  not  approved
   28  by the majority, the proposed budget shall be deemed amended so that the
   29  portion  of  the proposed budget providing for real property tax revenue
   30  to be received from the city and town be changed to equal the real prop-
   31  erty tax revenue provided for in the district budget in effect as of the
   32  time of the vote  as  amended  by  the  supplemental  appropriations  if
   33  approved.  In  the  event  that a proposition for supplemental appropri-
   34  ations or for capital purposes is  not  approved  by  the  majority,  no
   35  appropriation  shall be included for such unapproved proposition. In the
   36  event that the voters do not approve the proposed budget  as  aforesaid,
   37  and upon the proposed budget being deemed amended as aforesaid, the real
   38  property  taxes  to  be levied by the city and the town for the district
   39  shall be levied in an amount required  to  provide  the  city  and  town
   40  contribution  as herein set forth rather than the city and town contrib-
   41  ution as set forth in the proposed budget.  After the annual budgets for
   42  the city and the town have been adopted by the city and the town  ,  the
   43  city and town shall assess and levy upon the taxable real property with-
   44  in  the district the amounts to be raised by tax for the purposes of the
   45  district as specified in the district's annual budget  and  shall  cause
   46  the  amount  so  assessed and levied to be collected, in the same manner
   47  and at the same time and by the same officers as  city  taxes  and  town
   48  taxes are assessed, levied and collected.
   49    S 3. This act shall take effect immediately.
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