STATE OF NEW YORK
________________________________________________________________________
5942
2015-2016 Regular Sessions
IN SENATE
June 12, 2015
___________
Introduced by Sens. ORTT, ROBACH -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT creating the Seymour public library district in the towns of
Sweden and Clarkson, New York including the Village of Brockport; and
to amend chapter 672 of the laws of 1993 amending the public authori-
ties law relating to the construction and financing of facilities for
certain public libraries, in relation to including the Seymour public
library district within the provisions of such chapter and providing
for financing through the dormitory authority
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 towns of Sweden and Clarkson,
4 county of Monroe, a public library district which shall be known as the
5 Seymour public library district in the county of Monroe, hereinafter
6 referred to as the district, and which shall consist of the entire town
7 of Sweden, the entire town of Clarkson and also including the Village of
8 Brockport which lies wholly within such two towns. The district will
9 operate a public library to be known as the Seymour public library in
10 the county of Monroe.
11 § 2. Election. 1. The district herein described shall not come into
12 existence unless and until it is approved with the initial budget in
13 support thereof proposed by the board of trustees of the existing Seym-
14 our library in the county of Monroe, and nine trustees are elected by a
15 vote of the majority of the qualified voters voting in an election held,
16 not later than January 31, 2018, pursuant to the following provisions:
17 Upon receipt of a petition signed by not less than twenty-five voters
18 qualified to vote at a general election in the district, the board of
19 trustees of the existing Seymour library in the county of Monroe, shall
20 conduct an election at which the issues shall be:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09531-05-5
S. 5942 2
1 (a) whether the public library district herein described with the
2 initial budget in support thereof proposed by the board of trustees of
3 the existing Seymour library in the county of Monroe, shall be created
4 or not; and
5 (b) the election of nine trustees as provided by this act.
6 The board of trustees of the existing Seymour library in the county of
7 Monroe, shall give notice of such election by publication of notice at
8 least twice in one or more newspapers having a general circulation in
9 the district to be served. The first publication of such notice shall be
10 not less than thirteen days and not more than twenty days prior to the
11 date of such election. In addition, the board of trustees of the exist-
12 ing Seymour library in the county of Monroe, shall cause copies of such
13 notice to be posted conspicuously in three public places in the district
14 at least thirteen days prior to the date of such election. Such notice
15 shall specify the date and time when and the place where such election
16 will be held and the issues to be decided at such election. The board of
17 trustees of the existing Seymour library in the county of Monroe, shall
18 designate a resident qualified voter of such district to act as chair-
19 person of any election of such district and shall designate not less
20 than two nor more than six resident qualified voters to act as election
21 inspectors and ballot clerks at such election. No trustee of the exist-
22 ing Seymour library in the county of Monroe, shall serve as chairperson
23 or as an election inspector or ballot clerk. The board of trustees of
24 the existing Seymour library in the county of Monroe, may adopt a resol-
25 ution providing that such chairperson, election inspectors and ballot
26 clerks shall be paid reasonable compensation for their respective
27 services at such election. Every voter who is a resident of the district
28 and otherwise qualified to vote at a general election in the town of
29 Sweden, town of Clarkson or village of Brockport shall be qualified to
30 vote at said election. The board of trustees of the existing Seymour
31 library in the county of Monroe, may, to the extent authorized by law,
32 authorize the use of absentee ballots for the election. After the polls
33 have closed at such election, the election inspectors and the ballot
34 clerks shall immediately canvass publicly the ballots cast and the
35 chairperson of the election shall publicly announce the result. Within
36 seventy-two hours thereafter, the chairperson, election inspectors and
37 ballot clerks shall execute and file a certificate of the result of the
38 canvass with the board of trustees of the existing Seymour library in
39 the county of Monroe, and the town and village clerks. If a majority of
40 the voters approve the formation of the district with the initial budget
41 in support thereof proposed by the board of trustees of the existing
42 Seymour library in the county of Monroe, then the district shall come
43 into existence on the terms and conditions set forth in this act.
44 2. In the event that the district is created, there shall be an annual
45 election conducted by the board of trustees of the Seymour public
46 library district in the county of Monroe in accordance with the
47 provisions of subdivision one of this section at a time to be set by the
48 board of trustees of the district, at which election vacancies on the
49 board of trustees shall be filled and at which any proposed budget which
50 the board shall determine to submit to the voters pursuant to section
51 four of this act shall be submitted to the voters.
52 3. Candidates for the office of member of the board of trustees of the
53 Seymour public library district in the county of Monroe shall be nomi-
54 nated by petition. No vacancy to be filled on the board of trustees
55 shall be considered a separate, specific office. A separate petition
56 shall be required to nominate each candidate for a vacancy on the board.
S. 5942 3
1 Each petition shall be directed to the secretary of the board of trus-
2 tees of the existing Seymour library in the county of Monroe, shall be
3 signed by at least twenty-five qualified voters of the district, shall
4 state the residence of each signer, and shall state the name and resi-
5 dence of the candidate. In the event that any such nominees shall with-
6 draw their candidacy prior to the election, such person shall not be
7 considered a candidate unless a new petition nominating such person in
8 the same manner and within the same time limitation applicable to other
9 candidates is filed with the secretary of the board of trustees of the
10 existing Seymour library in the county of Monroe. Each petition shall
11 be filed with the secretary of the board of trustees of the existing
12 Seymour library in the county of Monroe, between the hours of 9:00 a.m.
13 and 5:00 p.m., not later than the thirtieth day before the election at
14 which the candidates nominated are to be elected. In the event that the
15 new district is created, petitions nominating candidates for the board
16 of trustees for all future elections shall be filed with the secretary
17 of the Seymour public library district.
18 § 3. Organization and structure. The Seymour public library district
19 in the county of Monroe shall be managed, operated, and controlled by a
20 board of trustees consisting of nine members. The trustees shall take
21 office at the first regular meeting of the board of trustees following
22 their election. At the first regular meeting of the board of trustees of
23 the district, the trustees shall determine when the terms of office of
24 each member shall expire as follows: the trustees receiving the first
25 and second highest number of votes shall each serve for five years, the
26 trustees receiving the third and fourth highest number of votes shall
27 each serve for four years, the trustees receiving the fifth and sixth
28 highest number of votes shall each serve for three years, the trustees
29 receiving the seventh and eighth highest number of votes shall serve for
30 two years and the trustee receiving the ninth highest number of votes
31 shall serve for one year. As vacancies occur due to expiration of terms
32 of office, trustees shall be elected by the voters of the district at
33 the election provided for by this act to serve five year terms, such
34 terms to commence at the first regular meeting of the board of trustees
35 of the district next following their election. All other vacancies
36 caused by resignation, removal, death, or inability to serve shall be
37 filled by appointment by the board of trustees of the district until the
38 next election, at which time the vacancy shall be filled by election for
39 the remaining portion of the term. At any election where one or more
40 persons are to be elected for the unexpired portion of a term or terms,
41 the candidate receiving the largest number of votes shall be entitled to
42 the full five year term and the candidates receiving the next highest
43 number of votes shall be entitled, in decreasing order of the respective
44 numbers of votes, to the vacancy or vacancies, in decreasing order of
45 the length of the unexpired portion or portions of a term or terms. Only
46 qualified voters of the district shall be eligible for election to the
47 board of trustees. The board of trustees at its first meeting after each
48 annual election shall elect or appoint a president, vice-president, and
49 a secretary, who shall be members of the board, and a treasurer and such
50 other officers as they deem necessary. If the board so determines, the
51 office of treasurer may be held by an individual who is not a member of
52 the board of trustees and, in that event, such officer may, if the board
53 so determines, receive compensation as fixed by resolution of the board.
54 § 4. Finances. 1. The initial budget to support the district shall be
55 determined by a vote of the voters of the district in the initial
56 election as hereinafter provided for. All future budgets that increase
S. 5942 4
1 or decrease the district's proposed tax levy as compared to the tax levy
2 in the preceding fiscal year's budget shall be submitted to the resi-
3 dents voting at the annual election of trustees pursuant to section two
4 of this act. Funds voted for library purposes at the initial election
5 and at all future elections shall be considered an annual appropriation
6 therefor and shall be levied and collected yearly by the towns of Sweden
7 and Clarkson for the district in the same manner and at the same time as
8 other taxes in the towns of Sweden and Clarkson.
9 2. The district's fiscal year shall run from the first day of January
10 to the thirty-first day of December. The board of trustees of the
11 district shall annually file with the clerk of the towns on or before
12 the first day of November an estimate of the proposed budget including
13 costs of library services to be raised by levy for the library district
14 in the fiscal year beginning on the first day of January of the next
15 year. The towns shall not make any change in the estimate of revenues or
16 expenditures submitted by the board of the district in preparation of
17 their preliminary budgets.
18 3. The town board of the town of Sweden shall levy a tax against the
19 real property lying within the district, except the real property lying
20 within the town of Clarkson, and the town board of the town of Clarkson
21 shall levy a tax against the real property lying within the district,
22 except real property lying within the town of Sweden, which together
23 shall equal the amount to be raised by tax as approved by the voters of
24 the district. Such tax shall be levied by the town of Sweden and the
25 town of Clarkson in proportion to the total combined value of the real
26 property lying within the town of Sweden and the town of Clarkson,
27 including the parcels lying within the village of Brockport. The town
28 boards shall pay the full amount of the tax levy approved by the voters
29 over to the treasurer of the district pursuant to the schedule set forth
30 in this section. The town boards shall each annually pay over to the
31 treasurer of the district on or before the thirtieth day after their
32 respective tax collection period ends, the full amount of the levy due
33 from the parcels subject to their respective pay levy. If necessary to
34 meet this schedule, the town boards may issue tax anticipation notes
35 pursuant to article II of the local finance law to obtain the necessary
36 moneys therefor.
37 4. The town boards of the towns of Sweden and Clarkson shall have the
38 power to authorize, sell, and issue bonds, notes, and other evidences of
39 indebtedness pursuant to the local finance law in order to permit the
40 district to provide facilities or improved facilities for library
41 purposes. Upon written request from the board of trustees of the
42 district, after approval by the qualified voters of such district, and
43 to the extent the proposed capital improvements to the library facili-
44 ties are to be constructed within the respective municipality, the town
45 boards shall authorize, sell, and issue such bonds, notes, or other
46 evidences of indebtedness as are necessary to accomplish the improve-
47 ments specified in the notice. The proceeds of such bonds, notes, or
48 other evidences of indebtedness shall be paid to the treasurer of the
49 district maintained in a segregated account in accordance with section
50 165.00 of the local finance law and expended by the treasurer only on
51 specific authorization by the board of trustees.
52 5. The board of trustees of the district may accept on behalf of the
53 district any absolute gift, devise, or bequest of real or personal prop-
54 erty and such conditional gifts, devises, or bequests as it shall by
55 resolution approve.
S. 5942 5
1 6. The treasurer of the district shall be custodian of all funds of
2 the district, including gifts and trust funds paid over to the trustees.
3 The board of trustees may authorize the investment of funds in the
4 custody of the treasurer in the same manner in which town funds may be
5 invested. Proceeds of obligations received from the town may be invested
6 in accordance with section 165.00 of the local finance law. The town of
7 Sweden and the town of Clarkson shall promptly pay over to the district
8 all monies which belong to or are raised for the district. No monies
9 shall be disbursed by the treasurer of the district except after audit
10 by the board of trustees. The board of trustees of the district shall
11 audit all claims and shall order the payment thereof, except as other-
12 wise provided by this section. No such claims shall be audited or
13 ordered paid by the trustees unless an itemized voucher therefor shall
14 be presented to the board of trustees for audit and allowance. The
15 provisions of this section shall not be applicable to payment of utility
16 costs, claims of fixed salaries, and amounts which the district may be
17 required to pay on account of retirement contributions for past or
18 current services to officers and employees of the district. The treasur-
19 er shall keep such records in such manner as the board of trustees may
20 require.
21 § 5. Charter, commencement of operations, and transfer of property and
22 employees. The initially elected trustees of the district shall, within
23 ninety days from the date of approval of the district by the voters of
24 the district, apply to the board of regents for a charter as a public
25 library. Upon the granting of such a charter by the board of regents,
26 title to all liabilities and assets, including all property, both real
27 and personal, and both tangible and intangible, all trust and other
28 funds, and all other obligations, now held by the existing Seymour
29 library in the county of Monroe shall be transferred to, vested in, and
30 be acquired by the district established by this act. The above
31 provisions for transfer to, vesting and acquisition of real and personal
32 property, both tangible and intangible, and all trust and other funds,
33 are effectuated by operation of law pursuant to the authority of this
34 act, except that, for purposes of clarity of real property records,
35 deeds of conveyance shall be executed and filed for any parcels of real
36 property. Upon the transfer of all such property, the existing Seymour
37 library in the county of Monroe shall be deemed dissolved. Upon the
38 granting of such charter by the board of regents, all employees of the
39 existing Seymour library shall become employees of the district upon the
40 same terms and conditions of employment and at the same rate of pay as
41 their previous employment by the existing Seymour library.
42 § 6. Ad valorem levy. The several lots and parcels of land within the
43 area of the district are hereby determined to be benefited by the
44 library facilities and devices existing as of the effective date of this
45 act, and the towns of Sweden and Clarkson are hereby authorized to
46 assess, levy, and collect the necessary expenses of operation, mainte-
47 nance, and repair of such facilities and services and such capital
48 improvements, including debt service on bonds, notes, or other evidences
49 of indebtedness of the town issued for the purpose of the district, as
50 may be hereafter authorized pursuant to the provisions of this act from
51 such lots and parcels of land in the same manner and at the same time as
52 other town charges.
53 § 7. Education law. Except as otherwise provided by this act, the
54 provisions of the education law relating to public libraries shall be
55 applicable to the district established by this act.
S. 5942 6
1 § 8. The district is deemed a special district which is separate and
2 distinct from the towns and village for all purposes, including but not
3 limited to management, appropriations, and expenditures. Any tax levy
4 for the district shall not be charged or imputed to the towns or
5 village, and shall instead be charged or imputed to the district, for
6 purposes of any general or special laws enacted by the legislature.
7 § 9. Section 5 of chapter 672 of the laws of 1993, amending the public
8 authorities law relating to the construction and financing of facilities
9 for certain public libraries, is amended by adding a new subdivision 49
10 to read as follows:
11 49. Seymour Public Library District in the county of Monroe
12 § 10. This act shall take effect immediately.
