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A08068 Summary:

Amd S5, Chap 672 of 1993
Creates the Norwood Public Library, a public library district including the areas of the towns of Potsdam and Stockholm that lie within the Norwood-Norfolk school district.
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A08068 Actions:

05/27/2011referred to libraries and education technology
06/10/2011amend (t) and recommit to libraries and education technology
06/10/2011print number 8068a
06/13/2011reported referred to ways and means
06/14/2011reported referred to rules
06/14/2011rules report cal.258
06/14/2011ordered to third reading rules cal.258
06/15/2011passed assembly
06/15/2011delivered to senate
06/17/2011SUBSTITUTED FOR S5481A
06/17/20113RD READING CAL.996
09/12/2011delivered to governor
09/23/2011signed chap.533
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A08068 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                      May 27, 2011
        Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
          tee on Libraries and Education  Technology  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
        AN ACT in relation to creating the Norwood public library in  the  towns

          of Potsdam and Stockholm, county of St. Lawrence; 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 Norwood public library within
          the provisions of such chapter
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Creation  of public 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 county of St. Lawrence, a
     4  public library district which shall include the areas of  the  towns  of
     5  Potsdam  and  Stockholm  that  lie  within  the  Norwood-Norfolk  School
     6  District. The public library district shall  be  known  as  the  Norwood

     7  public library.
     8    §  2.  Election.  1. The public library district described in this act
     9  shall not come into existence unless and until it is  approved  and  the
    10  initial  proposed  budget  is  approved by a vote of the majority of the
    11  qualified voters voting in an election held pursuant  to  the  following
    12  provisions:
    13    Upon receipt of a petition signed by not less than fifty voters quali-
    14  fied  to  vote  at a general town election, the board of trustees of the
    15  existing Norwood Library shall give notice and  hold  a  public  hearing
    16  regarding  this  proposal  to create a public library district, not less
    17  than thirty days prior to an election to be held on or  before  November
    18  5,  2013.  If  a  majority  of  the  voters approve the formation of the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.

        A. 8068--A                          2
     1  district, then the district shall come into existence on the  terms  and
     2  conditions set forth in this act. At such election the issue shall be:
     3    (a)  whether  the  public  library district therein described with the
     4  initial budget therefor proposed by the board of trustees of the Norwood
     5  Library shall be created or not; and
     6    (b) the election of nine trustees as provided by this act.
     7    The trustees of the existing Norwood Library shall give notice of such
     8  election by the publication of a notice in one or more newspapers having
     9  a general circulation in the district to be served. The  first  publica-

    10  tion of such notice shall be not less than thirty days prior to the date
    11  of  such  election.  In  addition, the board of trustees of the existing
    12  Norwood Library shall cause copies of such notice to be posted conspicu-
    13  ously in three public places in the district at least thirty days  prior
    14  to  the  date  of such election. Such notice shall specify the time when
    15  and the place where such election will be held, the issues to be decided
    16  at such election and the hours during which polls will be open  for  the
    17  receipt  of  ballots  thereof at all elections from 7:00 a.m. until 8:00
    18  p.m. The board of trustees of the existing Norwood Library shall  desig-
    19  nate  a  resident qualified voter of such district to act as chairperson
    20  of any election of such district and shall designate not less  than  two
    21  nor  more than four resident qualified voters to act as election inspec-

    22  tors and ballot clerks at such elections.  No  trustee  shall  serve  as
    23  chairperson  or  as  an election inspector or ballot clerk. The board of
    24  trustees  may  adopt  a  resolution  providing  that  such  chairperson,
    25  election inspectors and ballot clerks shall be paid for their respective
    26  services  at  the initial election. Such resolution, if adopted, may fix
    27  reasonable compensation for the services of such officials. Every  voter
    28  of the district, otherwise qualified to vote at a town election shall be
    29  qualified  to vote at such election. After the polls have closed at such
    30  election, the election inspectors and the ballot clerks shall immediate-
    31  ly canvass publicly the ballots cast and the chairperson of the election
    32  shall publicly announce the result. Within seventy-two hours thereafter,
    33  the chairperson, election inspectors and ballot clerks shall execute and

    34  file a certificate of the result of the canvass with the board of  trus-
    35  tees and the town clerks of Potsdam and Stockholm.
    36    2. In the event that the district is created, there shall be an annual
    37  election  conducted  by  the  board  of  trustees  of the Norwood public
    38  library in accordance with the provisions of  subdivision  one  of  this
    39  section,  at  a time to be set by the board, at which election vacancies
    40  on the board of trustees shall be filled and at which any proposed budg-
    41  et which the board shall determine to submit to the voters  pursuant  to
    42  section four of this act shall be submitted to the voters.
    43    3. Candidates for the office of member of the board of trustees of the
    44  Norwood public library shall be nominated by petition. No vacancy on the
    45  board  of  trustees to be filled shall be considered a separate specific

    46  office. A separate petition shall be required to nominate each candidate
    47  for a vacancy on the board. Each  petition  shall  be  directed  to  the
    48  secretary of the board of trustees, shall be signed by at least 50 qual-
    49  ified  voters of the district, shall state the residence of each signer,
    50  and shall state the name and residence of the candidate.  In  the  event
    51  that  any  such nominees shall withdraw candidacy prior to the election,
    52  such person shall not be considered a candidate unless  a  new  petition
    53  nominating such person in the same manner and within the same time limi-
    54  tation applicable to other candidates is filed with the secretary of the
    55  board  of  trustees.  Each petition shall be filed with the secretary of
    56  the board of trustees between the hours of 9:00 a.m.  and 5:00 p.m., not

        A. 8068--A                          3

     1  later than the thirtieth day preceding the election at  which  time  the
     2  candidates  nominated are to be elected. In the event the Norwood public
     3  library is created, petitions nominating candidates  for  the  board  of
     4  trustees after the initial election shall be filed with the secretary of
     5  the Norwood public library.
     6    4.  At  any election in such district, the voters may adopt a proposi-
     7  tion providing that, in all subsequent elections, vacancies on the board
     8  of trustees shall be considered separate specific offices and  that  the
     9  nominating  petitions shall describe the specific vacancy upon the board
    10  of trustees for which the  candidate  is  nominated,  which  description
    11  shall include at least the length of the term of the office and the name
    12  of  the  last  incumbent,  if any. No person shall be nominated for more

    13  than one specific office. Such procedure shall be followed with  respect
    14  to  all  nominations  and elections in subsequent years until and unless
    15  such proposition is repealed by the electors of the district at a  regu-
    16  lar election by adoption of a proposition to repeal the same.
    17    §  3.  Organization and structure. The Norwood public library shall be
    18  managed, operated and controlled by a board of  trustees  consisting  of
    19  nine  members,  but  in  no event shall the board of trustees consist of
    20  fewer than five members or more than fifteen. The trustees shall at  the
    21  first  regular  meeting  of the board determine by lot the year in which
    22  each of their terms of office expire, and  the  terms  shall  expire  as
    23  follows:  after one year three trustees; after two years three trustees;
    24  after three years three trustees.

    25    As vacancies occur trustees shall be elected at  the  annual  election
    26  provided  for by this act to serve three year terms by the voters of the
    27  public library district hereby created, such terms to  commence  on  the
    28  first  day  of  the  month  next  following the election. Only qualified
    29  voters of the district shall be eligible for election to  the  board  of
    30  trustees.  The  board  of  trustees at its first meeting each year shall
    31  elect or appoint a president and vice-president who shall be members  of
    32  the  board  and  a  secretary, treasurer and such other officers as they
    33  deem necessary. If the board so determines, the offices of secretary and
    34  treasurer may be held by individuals who are not members of the board of
    35  trustees and, in that event, such officer may, if the  board  so  deter-
    36  mines, receive compensation as fixed by resolution of the board.

    37    §  4.  Finances.  1. The initial budget for the Norwood public library
    38  shall be determined by a vote of the  voters  of  the  district  in  the
    39  initial  election  as  hereinafter provided for. All future budgets that
    40  increase the Norwood public library proposed  total  operating  expendi-
    41  tures over the total operating expenditures in the last preceding fiscal
    42  year's  budget  shall be submitted to the residents voting at the annual
    43  election of trustees pursuant to section two of this  act.  Funds  voted
    44  for  library  purposes  at the initial election and at all future budget
    45  elections shall be considered an annual appropriation therefor and shall
    46  be levied and collected yearly in the same manner and at the  same  time
    47  as other taxes in the towns of Potsdam and Stockholm.
    48    2.  The  board  of  trustees shall annually file with the clerk of the

    49  towns of Potsdam and Stockholm on or before the first day of  August  an
    50  estimate of the proposed budget, including costs of library services, to
    51  be  raised by levy for the library district in the fiscal year beginning
    52  on the first day of January of the following year. The  town  shall  not
    53  make any change in the estimate of revenues or expenditures submitted by
    54  the  board  of  the  library  district in preparation of its preliminary
    55  budget.

        A. 8068--A                          4
     1    3. The town boards of the towns of Potsdam and Stockholm shall levy  a
     2  tax  against  the  real property lying within the Norwood-Norfolk School
     3  District for the amount to be raised by tax as contained in  the  annual
     4  budget  of  the  Norwood  public  library.  The town board may issue tax
     5  anticipation notes, anticipation revenue notes and budget notes pursuant

     6  to  article  2  of  the local finance law to obtain the necessary moneys
     7  therefor.
     8    4. The town boards of the towns of Potsdam and  Stockholm  shall  have
     9  the  power to authorize, sell and issue bonds, notes and other evidences
    10  of indebtedness pursuant to the local finance law in order to permit the
    11  Norwood public library to provide facilities or improved facilities  for
    12  library purposes. Upon written request from the board of trustees of the
    13  Norwood  public  library, after approval by the qualified voters of such
    14  district, the town board shall authorize, sell  and  issue  such  bonds,
    15  notes  or other evidences of indebtedness as are necessary to accomplish
    16  the improvements specified in the notice. The proceeds  of  such  bonds,
    17  notes  or other evidences of indebtedness shall be paid to the treasurer
    18  of the Norwood public library and maintained in a segregated account  in

    19  accordance  with section 165.00 of the local finance law and expended by
    20  the treasurer only on specific authorization by the board of trustees.
    21    5. The board of trustees of the Norwood public library may  accept  on
    22  behalf  of  the district any absolute gift, devise or bequest of real or
    23  personal property and such conditional gifts, devises or bequests as  it
    24  shall by resolution approve.
    25    6.  The  treasurer of the Norwood public library shall be custodian of
    26  all funds of the library district, including gifts and trust funds  paid
    27  over to the trustees. The board of trustees may authorize the investment
    28  of  funds  in  the  custody of the treasurer in the same manner in which
    29  school district funds may be invested. Proceeds of obligations  received
    30  from  the  town may be invested in accordance with section 165.00 of the

    31  local finance law. The towns of Potsdam and Stockholm shall promptly pay
    32  over to the Norwood public library all moneys which  belong  to  or  are
    33  raised  for  the  library  district. No moneys shall be disbursed by the
    34  treasurer of the library district except after audit  by  the  board  of
    35  trustees.  The  board  of trustees of the Norwood library district shall
    36  audit all claims and shall order the payment thereof, except  as  other-
    37  wise  provided  by  this  section.  No  such  claims shall be audited or
    38  ordered paid by the trustees unless an itemized voucher  therefor  shall
    39  be  presented  to  the  board  of  trustees for audit and allowance. The
    40  provisions of this section shall not be applicable to payment of  claims
    41  of  fixed  salaries  and  amounts  which  the  library  districts may be
    42  required to pay on account  of  retirement  contributions  for  past  or

    43  current  services to officers and employees of the library district. The
    44  treasurer shall keep such records in such manner as the board  of  trus-
    45  tees may require.
    46    § 5. Charter, commencement of operations, and transfer of property and
    47  employees.  The  initial elected trustees shall, within thirty days from
    48  the date of approval of the  library  district  by  the  voters  of  the
    49  district,  apply  to  the  board  of  regents  for a charter as a public
    50  library. Upon the granting of such a charter by the  board  of  regents,
    51  the existing Norwood Library shall be deemed dissolved, and title to all
    52  liabilities  and  assets, including all property, real and personal, and
    53  all other tangible and intangible property, trust and other  funds,  and
    54  all  other  obligations, now held by the Norwood Library shall be trans-

    55  ferred to, vested in, and acquired by the Norwood public library  estab-
    56  lished  by  this  act. Upon the granting of such charter by the board of

        A. 8068--A                          5
     1  regents, all employees of the Norwood Library shall become employees  of
     2  the Norwood public library upon the same terms and conditions of employ-
     3  ment and at the same rate of pay as their previous employment by Norwood
     4  Library.
     5    §  6. Ad valorem levy. The several lots and parcels of land within the
     6  area of such public library district are hereby determined to  be  bene-
     7  fited by the library facilities and devices existing as of the effective
     8  date  of  this  act  and  the  towns of Potsdam and Stockholm are hereby
     9  authorized to assess, levy and collect the necessary expenses of  opera-
    10  tion,  maintenance  and  repair of such facilities and services and such

    11  capital improvements, including debt service on bonds,  notes  or  other
    12  evidences  of  indebtedness  of  the  town issued for the purpose of the
    13  Norwood public library as may be hereafter authorized  pursuant  to  the
    14  provisions  of  this  act  from such lots and parcels of land within the
    15  library district in the same manner and at the same time as  other  town
    16  charges.
    17    §  7.  Education  law.  Except  as otherwise provided by this act, the
    18  provisions of the education law relating to public  libraries  shall  be
    19  applicable to the Norwood public library established by this act.
    20    § 8. Section 5 of chapter 672 of the laws of 1993, amending the public
    21  authorities law relating to the construction and financing of facilities
    22  for  certain  public libraries, as separately amended by chapter 417 and
    23  501 of the laws of 2010, is amended as follows:

    24    § 5. The following libraries shall be eligible  public  libraries  for
    25  purposes of title 4 of article 8 of the public authorities law:
    26    Comsewogue Public Library
    27    Rogers Memorial Library Company
    28    Hendrick Hudson Free Library
    29    Riverhead Free Library
    30    Northern Onondaga Public Library District
    31    Suffern Free Library
    32    Haverstraw King's Daughters Public Library
    33    Crandall Public Library
    34    Sayville Library
    35    Monroe Free Library
    36    Harborfields Public Library
    37    Howland Public Library
    38    Patchogue-Medford Library
    39    New City Library
    40    Babylon Public Library
    41    Lindenhurst Memorial Library
    42    Great Neck Library
    43    Caledonia Public Library
    44    Bayport-Blue Point Public Library
    45    The Bryant Library
    46    Swan Library
    47    Bay Shore-Brightwaters Public Library
    48    The Albany Public Library

    49    Elwood Public Library
    50    Peninsula Public Library
    51    Smithtown Special Library District
    52    Goshen Public Library and Historical Society
    53    The Hauppauge Public Library
    54    The Nyack Library
    55    North Merrick Public Library
    56    Southold Free Library

        A. 8068--A                          6
     1    The Hampton Library in Bridgehampton, Inc.
     2    John Jermain Memorial Library
     3    Westhampton Free Library
     4    The Plainview-Old Bethpage Public Library
     5    Commack Public Library
     6    Troy Public Library
     7    Brunswick Community Library District
     8    D.R. Evarts Library District
     9    Norwood Public Library
    10    § 9. This act shall take effect immediately.
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