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A07735 Summary:

A07735 Actions:

A07735 Committee Votes:

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A07735 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7735--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 26, 2015
                                       ___________
 
        Introduced by M. of A. HAWLEY -- read once and referred to the Committee
          on  Libraries and Education Technology -- reported and referred to the
          Committee on Ways and Means -- reported and referred to the  Committee
          on   Rules  --  Rules  Committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted 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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09531-04-5
        A. 7735--A                          2
 
     1    Upon  receipt of a petition signed by not less than twenty-five voters
     2  qualified to vote at a general election in the district,  the  board  of
     3  trustees  of the existing Seymour library in the county of Monroe, shall
     4  conduct an election at which the issues shall be:
     5    (a)  whether  the  public  library  district herein described with the
     6  initial budget in support thereof proposed by the board of  trustees  of
     7  the  existing  Seymour library in the county of Monroe, shall be created
     8  or not; and
     9    (b) the election of nine trustees as provided by this act.
    10    The board of trustees of the existing Seymour library in the county of
    11  Monroe, shall give notice of such election by publication of  notice  at
    12  least  twice  in  one or more newspapers having a general circulation in
    13  the district to be served. The first publication of such notice shall be
    14  not less than thirteen days and not more than twenty days prior  to  the
    15  date  of such election. In addition, the board of trustees of the exist-
    16  ing Seymour library in the county of Monroe, shall cause copies of  such
    17  notice to be posted conspicuously in three public places in the district
    18  at  least  thirteen days prior to the date of such election. Such notice
    19  shall specify the date and time when and the place where  such  election
    20  will be held and the issues to be decided at such election. The board of
    21  trustees  of the existing Seymour library in the county of Monroe, shall
    22  designate a resident qualified voter of such district to act  as  chair-
    23  person  of  any  election  of such district and shall designate not less
    24  than two nor more than six resident qualified voters to act as  election
    25  inspectors and ballot clerks at such election.  No trustee of the exist-
    26  ing  Seymour library in the county of Monroe, shall serve as chairperson
    27  or as an election inspector or ballot clerk. The board  of  trustees  of
    28  the existing Seymour library in the county of Monroe, may adopt a resol-
    29  ution  providing  that  such chairperson, election inspectors and ballot
    30  clerks shall  be  paid  reasonable  compensation  for  their  respective
    31  services at such election. Every voter who is a resident of the district
    32  and  otherwise  qualified  to  vote at a general election in the town of
    33  Sweden, town of Clarkson or village of Brockport shall be  qualified  to
    34  vote  at  said  election.  The board of trustees of the existing Seymour
    35  library in the county of Monroe, may, to the extent authorized  by  law,
    36  authorize  the use of absentee ballots for the election. After the polls
    37  have closed at such election, the election  inspectors  and  the  ballot
    38  clerks  shall  immediately  canvass  publicly  the  ballots cast and the
    39  chairperson of the election shall publicly announce the result.   Within
    40  seventy-two  hours  thereafter, the chairperson, election inspectors and
    41  ballot clerks shall execute and file a certificate of the result of  the
    42  canvass  with  the  board of trustees of the existing Seymour library in
    43  the county of Monroe, and the town and village clerks. If a majority  of
    44  the voters approve the formation of the district with the initial budget
    45  in  support  thereof  proposed  by the board of trustees of the existing
    46  Seymour library in the county of Monroe, then the  district  shall  come
    47  into existence on the terms and conditions set forth in this act.
    48    2. In the event that the district is created, there shall be an annual
    49  election  conducted  by  the  board  of  trustees  of the Seymour public
    50  library district  in  the  county  of  Monroe  in  accordance  with  the
    51  provisions of subdivision one of this section at a time to be set by the
    52  board  of  trustees  of the district, at which election vacancies on the
    53  board of trustees shall be filled and at which any proposed budget which
    54  the board shall determine to submit to the voters  pursuant  to  section
    55  four of this act shall be submitted to the voters.
        A. 7735--A                          3
 
     1    3. Candidates for the office of member of the board of trustees of the
     2  Seymour  public  library district in the county of Monroe shall be nomi-
     3  nated by petition.  No vacancy to be filled on  the  board  of  trustees
     4  shall  be  considered  a  separate, specific office. A separate petition
     5  shall be required to nominate each candidate for a vacancy on the board.
     6  Each  petition  shall be directed to the secretary of the board of trus-
     7  tees of the existing Seymour library in the county of Monroe,  shall  be
     8  signed  by  at least twenty-five qualified voters of the district, shall
     9  state the residence of each signer, and shall state the name  and  resi-
    10  dence  of the candidate. In the event that any such nominees shall with-
    11  draw their candidacy prior to the election, such  person  shall  not  be
    12  considered  a  candidate unless a new petition nominating such person in
    13  the same manner and within the same time limitation applicable to  other
    14  candidates  is  filed with the secretary of the board of trustees of the
    15  existing Seymour library in the county of Monroe.   Each petition  shall
    16  be  filed  with  the  secretary of the board of trustees of the existing
    17  Seymour library in the county of Monroe, between the hours of 9:00  a.m.
    18  and  5:00  p.m., not later than the thirtieth day before the election at
    19  which the candidates nominated are to be elected. In the event that  the
    20  new  district  is created, petitions nominating candidates for the board
    21  of trustees for all future elections shall be filed with  the  secretary
    22  of the Seymour public library district.
    23    §  3.  Organization and structure. The Seymour public library district
    24  in the county of Monroe shall be managed, operated, and controlled by  a
    25  board  of  trustees  consisting of nine members. The trustees shall take
    26  office at the first regular meeting of the board of  trustees  following
    27  their election. At the first regular meeting of the board of trustees of
    28  the  district,  the trustees shall determine when the terms of office of
    29  each member shall expire as follows: the trustees  receiving  the  first
    30  and  second highest number of votes shall each serve for five years, the
    31  trustees receiving the third and fourth highest number  of  votes  shall
    32  each  serve  for  four years, the trustees receiving the fifth and sixth
    33  highest number of votes shall each serve for three years,  the  trustees
    34  receiving the seventh and eighth highest number of votes shall serve for
    35  two  years  and  the trustee receiving the ninth highest number of votes
    36  shall serve for one year. As vacancies occur due to expiration of  terms
    37  of  office,  trustees  shall be elected by the voters of the district at
    38  the election provided for by this act to serve  five  year  terms,  such
    39  terms  to commence at the first regular meeting of the board of trustees
    40  of the district next  following  their  election.  All  other  vacancies
    41  caused  by  resignation,  removal, death, or inability to serve shall be
    42  filled by appointment by the board of trustees of the district until the
    43  next election, at which time the vacancy shall be filled by election for
    44  the remaining portion of the term. At any election  where  one  or  more
    45  persons  are to be elected for the unexpired portion of a term or terms,
    46  the candidate receiving the largest number of votes shall be entitled to
    47  the full five year term and the candidates receiving  the  next  highest
    48  number of votes shall be entitled, in decreasing order of the respective
    49  numbers  of  votes,  to the vacancy or vacancies, in decreasing order of
    50  the length of the unexpired portion or portions of a term or terms. Only
    51  qualified voters of the district shall be eligible for election  to  the
    52  board of trustees. The board of trustees at its first meeting after each
    53  annual  election shall elect or appoint a president, vice-president, and
    54  a secretary, who shall be members of the board, and a treasurer and such
    55  other officers as they deem necessary. If the board so  determines,  the
    56  office  of treasurer may be held by an individual who is not a member of
        A. 7735--A                          4
 
     1  the board of trustees and, in that event, such officer may, if the board
     2  so determines, receive compensation as fixed by resolution of the board.
     3    §  4. Finances. 1. The initial budget to support the district shall be
     4  determined by a vote of the  voters  of  the  district  in  the  initial
     5  election  as  hereinafter provided for. All future budgets that increase
     6  or decrease the district's proposed tax levy as compared to the tax levy
     7  in the preceding fiscal year's budget shall be submitted  to  the  resi-
     8  dents  voting at the annual election of trustees pursuant to section two
     9  of this act. Funds voted for library purposes at  the  initial  election
    10  and  at all future elections shall be considered an annual appropriation
    11  therefor and shall be levied and collected yearly by the towns of Sweden
    12  and Clarkson for the district in the same manner and at the same time as
    13  other taxes in the towns of Sweden and Clarkson.
    14    2. The district's fiscal year shall run from the first day of  January
    15  to  the  thirty-first  day  of  December.  The  board of trustees of the
    16  district shall annually file with the clerk of the towns  on  or  before
    17  the  first  day of November an estimate of the proposed budget including
    18  costs of library services to be raised by levy for the library  district
    19  in  the  fiscal  year  beginning on the first day of January of the next
    20  year. The towns shall not make any change in the estimate of revenues or
    21  expenditures submitted by the board of the district  in  preparation  of
    22  their preliminary budgets.
    23    3.   The town board of the town of Sweden shall levy a tax against the
    24  real property lying within the district, except the real property  lying
    25  within  the town of Clarkson, and the town board of the town of Clarkson
    26  shall levy a tax against the real property lying  within  the  district,
    27  except  real  property  lying  within the town of Sweden, which together
    28  shall equal the amount to be raised by tax as approved by the voters  of
    29  the  district.  Such  tax  shall be levied by the town of Sweden and the
    30  town of Clarkson in proportion to the total combined value of  the  real
    31  property  lying  within  the  town  of  Sweden and the town of Clarkson,
    32  including the parcels lying within the village of Brockport.   The  town
    33  boards  shall pay the full amount of the tax levy approved by the voters
    34  over to the treasurer of the district pursuant to the schedule set forth
    35  in this section. The town boards shall each annually  pay  over  to  the
    36  treasurer  of  the  district  on or before the thirtieth day after their
    37  respective tax collection period ends, the full amount of the  levy  due
    38  from  the  parcels subject to their respective pay levy. If necessary to
    39  meet this schedule, the town boards may  issue  tax  anticipation  notes
    40  pursuant  to article II of the local finance law to obtain the necessary
    41  moneys therefor.
    42    4. The town boards of the towns of Sweden and Clarkson shall have  the
    43  power to authorize, sell, and issue bonds, notes, and other evidences of
    44  indebtedness  pursuant  to  the local finance law in order to permit the
    45  district to  provide  facilities  or  improved  facilities  for  library
    46  purposes.  Upon  written  request  from  the  board  of  trustees of the
    47  district, after approval by the qualified voters of such  district,  and
    48  to  the  extent the proposed capital improvements to the library facili-
    49  ties are to be constructed within the respective municipality, the  town
    50  boards  shall  authorize,  sell,  and  issue such bonds, notes, or other
    51  evidences of indebtedness as are necessary to  accomplish  the  improve-
    52  ments  specified  in  the  notice. The proceeds of such bonds, notes, or
    53  other evidences of indebtedness shall be paid to the  treasurer  of  the
    54  district  maintained  in a segregated account in accordance with section
    55  165.00 of the local finance law and expended by the  treasurer  only  on
    56  specific authorization by the board of trustees.
        A. 7735--A                          5
 
     1    5.  The  board of trustees of the district may accept on behalf of the
     2  district any absolute gift, devise, or bequest of real or personal prop-
     3  erty and such conditional gifts, devises, or bequests  as  it  shall  by
     4  resolution approve.
     5    6.  The  treasurer  of the district shall be custodian of all funds of
     6  the district, including gifts and trust funds paid over to the trustees.
     7  The board of trustees may authorize  the  investment  of  funds  in  the
     8  custody  of  the treasurer in the same manner in which town funds may be
     9  invested. Proceeds of obligations received from the town may be invested
    10  in accordance with section 165.00 of the local finance law. The town  of
    11  Sweden  and the town of Clarkson shall promptly pay over to the district
    12  all monies which belong to or are raised for  the  district.  No  monies
    13  shall  be  disbursed by the treasurer of the district except after audit
    14  by the board of trustees. The board of trustees of  the  district  shall
    15  audit  all  claims and shall order the payment thereof, except as other-
    16  wise provided by this section.  No  such  claims  shall  be  audited  or
    17  ordered  paid  by the trustees unless an itemized voucher therefor shall
    18  be presented to the board of  trustees  for  audit  and  allowance.  The
    19  provisions of this section shall not be applicable to payment of utility
    20  costs,  claims  of fixed salaries, and amounts which the district may be
    21  required to pay on account  of  retirement  contributions  for  past  or
    22  current services to officers and employees of the district. The treasur-
    23  er  shall  keep such records in such manner as the board of trustees may
    24  require.
    25    § 5. Charter, commencement of operations, and transfer of property and
    26  employees. The initially elected trustees of the district shall,  within
    27  ninety  days  from the date of approval of the district by the voters of
    28  the district, apply to the board of regents for a charter  as  a  public
    29  library.  Upon  the  granting of such a charter by the board of regents,
    30  title to all liabilities and assets, including all property,  both  real
    31  and  personal,  and  both  tangible  and intangible, all trust and other
    32  funds, and all other obligations,  now  held  by  the  existing  Seymour
    33  library  in the county of Monroe shall be transferred to, vested in, and
    34  be  acquired  by  the  district  established  by  this  act.  The  above
    35  provisions for transfer to, vesting and acquisition of real and personal
    36  property,  both  tangible and intangible, and all trust and other funds,
    37  are effectuated by operation of law pursuant to the  authority  of  this
    38  act,  except  that,  for  purposes  of clarity of real property records,
    39  deeds of conveyance shall be executed and filed for any parcels of  real
    40  property.  Upon  the transfer of all such property, the existing Seymour
    41  library in the county of Monroe shall  be  deemed  dissolved.  Upon  the
    42  granting  of  such charter by the board of regents, all employees of the
    43  existing Seymour library shall become employees of the district upon the
    44  same terms and conditions of employment and at the same rate of  pay  as
    45  their previous employment by the existing Seymour library.
    46    §  6. Ad valorem levy. The several lots and parcels of land within the
    47  area of the district are  hereby  determined  to  be  benefited  by  the
    48  library facilities and devices existing as of the effective date of this
    49  act,  and  the  towns  of  Sweden  and Clarkson are hereby authorized to
    50  assess, levy, and collect the necessary expenses of  operation,  mainte-
    51  nance,  and  repair  of  such  facilities  and services and such capital
    52  improvements, including debt service on bonds, notes, or other evidences
    53  of indebtedness of the town issued for the purpose of the  district,  as
    54  may  be hereafter authorized pursuant to the provisions of this act from
    55  such lots and parcels of land in the same manner and at the same time as
    56  other town charges.
        A. 7735--A                          6
 
     1    § 7. Education law. Except as otherwise  provided  by  this  act,  the
     2  provisions  of  the  education law relating to public libraries shall be
     3  applicable to the district established by this act.
     4    §  8.  The district is deemed a special district which is separate and
     5  distinct from the towns and village for all purposes, including but  not
     6  limited  to  management,  appropriations, and expenditures. Any tax levy
     7  for the district shall not  be  charged  or  imputed  to  the  towns  or
     8  village,  and  shall  instead be charged or imputed to the district, for
     9  purposes of any general or special laws enacted by the legislature.
    10    § 9. Section 5 of chapter 672 of the laws of 1993, amending the public
    11  authorities law relating to the construction and financing of facilities
    12  for certain public libraries, is amended by adding a new subdivision  49
    13  to read as follows:
    14    49. Seymour Public Library District in the county of Monroe
    15    § 10. This act shall take effect immediately.