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A01273 Summary:

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A01273 Committee Votes:

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A01273 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1273
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2015
                                       ___________
 
        Introduced by M. of A. CAHILL -- read once and referred to the Committee
          on Libraries and Education Technology
 
        AN  ACT creating the Starr public library district in the town of Rhine-
          beck, New York; 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
          the  Starr public library district within the provisions of such chap-
          ter 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 town of Rhinebeck, county of
     4  Dutchess, a public library district which shall be known  as  the  Starr
     5  public  library  district,  hereinafter referred to as the district, and
     6  which shall consist of all the territory within the town  of  Rhinebeck.
     7  The  district  will  operate  a  public library to be known as the Starr
     8  library.
     9    § 2. Election. 1. The district herein described shall  not  come  into
    10  existence  unless  and  until  it is approved with the initial budget in
    11  support thereof proposed by the board of trustees of the existing  Starr
    12  Institute,  and  nine  trustees are elected by a vote of the majority of
    13  the qualified voters voting in an election held, not later than  January
    14  31, 2018, pursuant to the following provisions:
    15    Upon  receipt of a petition signed by not less than twenty-five voters
    16  qualified to vote at a general election in the district,  the  board  of
    17  trustees  of  the existing Starr Institute, shall conduct an election at
    18  which the issues shall be:
    19    (a) whether the public library  district  herein  described  with  the
    20  initial  budget  in support thereof proposed by the board of trustees of
    21  the existing Starr Institute, shall be created or not; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06336-01-5
        A. 1273                             2
 
     1    (b) the election of nine trustees as provided by this act.
     2    The  board  of  trustees  of  the existing Starr Institute, shall give
     3  notice of such election by publication of notice at least twice  in  one
     4  or  more  newspapers  having a general circulation in the district to be
     5  served. The first publication of such notice  shall  be  not  less  than
     6  thirteen  days  and  not more than twenty days prior to the date of such
     7  election. In addition, the board  of  trustees  of  the  existing  Starr
     8  Institute,  shall cause copies of such notice to be posted conspicuously
     9  in three public places in the district at least thirteen days  prior  to
    10  the  date  of such election. Such notice shall specify the date and time
    11  when and the place where such election will be held and the issues to be
    12  decided at such election. The board of trustees of  the  existing  Starr
    13  Institute,  shall  designate a resident qualified voter of such district
    14  to act as chairperson of any election of such district and shall  desig-
    15  nate  not  less  than two nor more than six resident qualified voters to
    16  act as election inspectors and ballot clerks at such election.  No trus-
    17  tee of the Starr Institute, shall serve as chairperson or as an election
    18  inspector or ballot clerk. The board of trustees of the  existing  Starr
    19  Institute,  may  adopt  a  resolution  providing  that such chairperson,
    20  election inspectors and ballot clerks shall be paid  reasonable  compen-
    21  sation  for  their respective services at such election. Every voter who
    22  is a resident of the district and  otherwise  qualified  to  vote  at  a
    23  general  election  in  the  town  shall  be  qualified  to  vote at said
    24  election. The board of trustees of the existing Starr Institute, may, to
    25  the extent authorized by law, authorize the use of absentee ballots  for
    26  the election. After the polls have closed at such election, the election
    27  inspectors  and the ballot clerks shall immediately canvass publicly the
    28  ballots cast and the chairperson of the election shall publicly announce
    29  the result.   Within  seventy-two  hours  thereafter,  the  chairperson,
    30  election  inspectors  and ballot clerks shall execute and file a certif-
    31  icate of the result of the canvass with the board  of  trustees  of  the
    32  existing  Starr  Institute,  and  the  town  clerk. If a majority of the
    33  voters approve the formation of the district with the initial budget  in
    34  support  thereof  proposed  by the board of trustees of the Starr Insti-
    35  tute, then the district shall come  into  existence  on  the  terms  and
    36  conditions set forth in this act.
    37    2. In the event that the district is created, there shall be an annual
    38  election  conducted by the board of trustees of the Starr public library
    39  district in accordance with the provisions of subdivision  one  of  this
    40  section at a time to be set by the board of trustees of the district, at
    41  which election vacancies on the board of trustees shall be filled and at
    42  which  any  proposed budget which the board shall determine to submit to
    43  the voters pursuant to section four of this act shall  be  submitted  to
    44  the voters.
    45    3. Candidates for the office of member of the board of trustees of the
    46  Starr public library district shall be nominated by petition.  No vacan-
    47  cy to be filled on the board of trustees shall be considered a separate,
    48  specific  office. A separate petition shall be required to nominate each
    49  candidate for a vacancy on the board. Each petition shall be directed to
    50  the secretary of the board of trustees of the existing Starr  Institute,
    51  shall  be  signed  by  at  least  twenty-five  qualified  voters  of the
    52  district, shall state the residence of each signer, and shall state  the
    53  name and residence of the candidate. In the event that any such nominees
    54  shall  withdraw their candidacy prior to the election, such person shall
    55  not be considered a candidate unless  a  new  petition  nominating  such
    56  person in the same manner and within the same time limitation applicable
        A. 1273                             3
 
     1  to other candidates is filed with the secretary of the board of trustees
     2  of  the  existing Starr Institute. Each petition shall be filed with the
     3  secretary of the board of trustees  of  the  existing  Starr  Institute,
     4  between the hours of 9:00 a.m. and 5:00 p.m., not later than the thirti-
     5  eth  day before the election at which the candidates nominated are to be
     6  elected. In the event that the new district is created, petitions  nomi-
     7  nating  candidates  for  the  board of trustees for all future elections
     8  shall be filed with the secretary of the Starr public library district.
     9    § 3. Organization and structure. The  Starr  public  library  district
    10  shall  be  managed,  operated,  and  controlled  by  a board of trustees
    11  consisting of nine members. The trustees shall take office at the  first
    12  regular  meeting  of  the board of trustees following their election. At
    13  the first regular meeting of the board of trustees of the district,  the
    14  trustees  shall  determine when the terms of office of each member shall
    15  expire as follows: the trustees receiving the first,  second  and  third
    16  highest  number  of votes shall each serve for three years, the trustees
    17  receiving the fourth, fifth and sixth highest number of votes shall each
    18  serve for two years, and the trustees receiving the seventh, eighth  and
    19  ninth  highest  number of votes shall each serve for one year. As vacan-
    20  cies occur due to expiration of  terms  of  office,  trustees  shall  be
    21  elected  by  the  voters of the district at the election provided for by
    22  this act to serve three year terms, such terms to commence at the  first
    23  regular  meeting of the board of trustees of the district next following
    24  their election. All other  vacancies  caused  by  resignation,  removal,
    25  death, or inability to serve shall be filled by appointment by the board
    26  of  trustees  of the district until the next election, at which time the
    27  vacancy shall be filled by election for the  remaining  portion  of  the
    28  term.  At  any  election where one or more persons are to be elected for
    29  the unexpired portion of a term or terms, the  candidate  receiving  the
    30  largest  number  of  votes shall be entitled to the full three year term
    31  and the candidates receiving the next highest number of votes  shall  be
    32  entitled, in decreasing order of the respective numbers of votes, to the
    33  vacancy or vacancies, in decreasing order of the length of the unexpired
    34  portion  or  portions  of  a term or terms. Only qualified voters of the
    35  district shall be eligible for election to the board  of  trustees.  The
    36  board  of trustees at its first meeting after each annual election shall
    37  elect or appoint a president, vice-president, and a secretary, who shall
    38  be members of the board, and a treasurer and such other officers as they
    39  deem necessary. If the board so determines, the office of treasurer  may
    40  be  held  by  an individual who is not a member of the board of trustees
    41  and, in that event, such  officer  may,  if  the  board  so  determines,
    42  receive compensation as fixed by resolution of the board.
    43    §  4. Finances. 1. The initial budget to support the district shall be
    44  determined by a vote of the  voters  of  the  district  in  the  initial
    45  election  as  hereinafter provided for. All future budgets that increase
    46  or decrease the district's proposed tax levy as compared to the tax levy
    47  in the preceding fiscal year's budget shall be submitted  to  the  resi-
    48  dents  voting at the annual election of trustees pursuant to section two
    49  of this act. Funds voted for library purposes at  the  initial  election
    50  and  at all future elections shall be considered an annual appropriation
    51  therefor and shall be levied and collected yearly by the  town  for  the
    52  district  in  the same manner and at the same time as other taxes in the
    53  town.
    54    2. The district's fiscal year shall run from the first day of  January
    55  to  the  thirty-first  day  of  December.  The  board of trustees of the
    56  district shall annually file with the clerk of the town on or before the
        A. 1273                             4
 
     1  first day of November an estimate of the proposed budget including costs
     2  of library services to be raised by levy for the library district in the
     3  fiscal year beginning on the first day of January of the next year.  The
     4  town  shall  not make any change in the estimate of revenues or expendi-
     5  tures submitted by the board of  the  district  in  preparation  of  its
     6  preliminary budget.
     7    3.  The  town  board of the town of Rhinebeck shall levy a tax against
     8  the real property lying within the district for the amount to be  raised
     9  by  tax  as approved by the voters of the district. The town board shall
    10  pay the full amount of the tax levy approved by the voters over  to  the
    11  treasurer  of  the  district  pursuant to the schedule set forth in this
    12  section. The town board shall annually pay over to the treasurer of  the
    13  district  on or before the thirtieth day after its tax collection period
    14  ends, the full amount of the levy due. If necessary to meet this  sched-
    15  ule, the town board may issue tax anticipation notes pursuant to article
    16  II of the local finance law to obtain the necessary moneys therefor.
    17    4. The town board of the town shall have the power to authorize, sell,
    18  and  issue bonds, notes, and other evidences of indebtedness pursuant to
    19  the local finance law in order to permit the district to provide facili-
    20  ties or improved facilities for library purposes. Upon  written  request
    21  from the board of trustees of the district, after approval by the quali-
    22  fied  voters of such district, the town board shall authorize, sell, and
    23  issue such bonds, notes, or  other  evidences  of  indebtedness  as  are
    24  necessary  to  accomplish  the improvements specified in the notice. The
    25  proceeds of such bonds, notes, or other evidences of indebtedness  shall
    26  be  paid to the treasurer of the district and maintained in a segregated
    27  account in accordance with section 165.00 of the local finance  law  and
    28  expended by the treasurer only on specific authorization by the board of
    29  trustees.
    30    5.  The  board of trustees of the district may accept on behalf of the
    31  district any absolute gift, devise, or bequest of real or personal prop-
    32  erty and such conditional gifts, devises, or bequests  as  it  shall  by
    33  resolution approve.
    34    6.  The  treasurer  of the district shall be custodian of all funds of
    35  the district, including gifts and trust funds paid over to the trustees.
    36  The board of trustees may authorize  the  investment  of  funds  in  the
    37  custody  of  the treasurer in the same manner in which town funds may be
    38  invested. Proceeds of obligations received from the town may be invested
    39  in accordance with section 165.00 of the local finance law. The town  of
    40  Rhinebeck  shall  promptly  pay  over  to  the district all monies which
    41  belong to or are raised for the district. No monies shall  be  disbursed
    42  by  the  treasurer  of  the  district except after audit by the board of
    43  trustees. The board of trustees of the district shall audit  all  claims
    44  and  shall  order  the  payment thereof, except as otherwise provided by
    45  this section. No such claims shall be audited or  ordered  paid  by  the
    46  trustees  unless  an itemized voucher therefor shall be presented to the
    47  board of trustees for  audit  and  allowance.  The  provisions  of  this
    48  section  shall  not be applicable to payment of utility costs, claims of
    49  fixed salaries, and amounts which the district may be required to pay on
    50  account of retirement contributions for  past  or  current  services  to
    51  officers  and  employees  of the district. The treasurer shall keep such
    52  records in such manner as the board of trustees may require.
    53    § 5. Charter, commencement of operations, and transfer of property and
    54  employees. The initially elected trustees of the district shall,  within
    55  ninety  days  from the date of approval of the district by the voters of
    56  the district, apply to the board of regents for a charter  as  a  public
        A. 1273                             5
 
     1  library.  Upon  the  granting of such a charter by the board of regents,
     2  title to all liabilities and assets, including all property,  both  real
     3  and  personal,  and  both  tangible  and intangible, all trust and other
     4  funds,  and all other obligations, now held by the existing Starr Insti-
     5  tute, shall be transferred  to,  vested  in,  and  be  acquired  by  the
     6  district  established by this act. The above provisions for transfer to,
     7  vesting and acquisition of real and personal property, both tangible and
     8  intangible, and all trust and other funds, are effectuated by  operation
     9  of  law pursuant to the authority of this act, except that, for purposes
    10  of clarity of real  property  records,  deeds  of  conveyance  shall  be
    11  executed  and  filed for any parcels of real property. Upon the transfer
    12  of all such property, the  existing  Starr  Institute  shall  be  deemed
    13  dissolved.  Upon  the  granting of such charter by the board of regents,
    14  all employees of the existing Starr Institute shall become employees  of
    15  the district upon the same terms and conditions of employment and at the
    16  same  rate  of  pay  as  their previous employment by the existing Starr
    17  Institute.
    18    § 6. Ad valorem levy. The several lots and parcels of land within  the
    19  area  of  the  district  are  hereby  determined  to be benefited by the
    20  library facilities and devices existing as of the effective date of this
    21  act, and the town of Rhinebeck is hereby authorized to assess, levy, and
    22  collect the necessary expenses of operation, maintenance, and repair  of
    23  such  facilities  and  services and such capital improvements, including
    24  debt service on bonds, notes, or other evidences of indebtedness of  the
    25  town issued for the purpose of the district, as may be hereafter author-
    26  ized  pursuant  to the provisions of this act from such lots and parcels
    27  of land in the same manner and at the same time as other town charges.
    28    § 7. Education law. Except as otherwise  provided  by  this  act,  the
    29  provisions  of  the  education law relating to public libraries shall be
    30  applicable to the district established by this act.
    31    § 8. The district is deemed a special district which is  separate  and
    32  distinct  from  the  town for all purposes, including but not limited to
    33  management, appropriations, and  expenditures.  Any  tax  levy  for  the
    34  district  shall not be charged or imputed to the town, and shall instead
    35  be charged or imputed to the district, for purposes of  any  general  or
    36  special laws enacted by the legislature.
    37    § 9. Section 5 of chapter 672 of the laws of 1993, amending the public
    38  authorities law relating to the construction and financing of facilities
    39  for  certain public libraries, is amended by adding a new subdivision 49
    40  to read as follows:
    41    49. Starr Public Library District
    42    § 10. This act shall take effect immediately.