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A08139 Summary:

SPONSORRules (Gunther)
Amd S140, Pub Bldg L
Creates the Mamakating library district in the town of Mamakating, New York; such library district shall consist of that portion of such town served by the Minisink, Pine Bush and Monticello school districts; provides for the election of five trustees for such library district.
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A08139 Actions:

04/18/2003referred to libraries and education technology
06/10/2003reported referred to ways and means
06/10/2003reported referred to rules
06/11/2003amend and recommit to rules 8139a
06/16/2003rules report cal.649
06/16/2003ordered to third reading rules cal.649
06/16/2003passed assembly
06/16/2003delivered to senate
06/17/2003SUBSTITUTED FOR S4421A
06/17/20033RD READING CAL.996
08/07/2003delivered to governor
08/19/2003signed chap.392
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A08139 Text:

                STATE OF NEW YORK
                               2003-2004 Regular Sessions
                   IN ASSEMBLY
                                     April 18, 2003
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
          read once and referred to the Committee  on  Libraries  and  Education
          Technology -- 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 in relation to creating the Mamakating library  district  in  the
          town of Mamakating, New York
          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 Mamakating,  county  of
     4  Sullivan,  a public library district which shall consist of that portion
     5  of the town of Mamakating served by the Minisink, Pine Bush  and  Monti-
     6  cello  school  districts,  and  shall be known as the Mamakating library
     7  district.
     8    § 2. Election. 1. The public library district described  in  this  act
     9  shall  not  come  into  existence  unless  and until it is approved, the

    10  initial proposed budget is approved, and five trustees are elected by  a
    11  vote  of the majority of the qualified voters voting in an election held
    12  pursuant to the following provisions:
    13    Upon receipt of a petition signed by not less than fifty voters quali-
    14  fied to vote at a general election and residing within the area  of  the
    15  proposed  district,  the  board  of  trustees of the existing Mamakating
    16  library shall give notice of an election to be held prior to October 31,
    17  2003. If a majority of the voters approve the formation of the district,
    18  then the district shall come into existence on the terms and  conditions
    19  set forth in this act. At such election the issue shall be:
    20    (a) whether the public library district described in this act shall be
    21  created or not on or about January 1, 2004;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.

        A. 8139--A                          2
     1    (b) whether the initial budget therefor proposed by the board of trus-
     2  tees of the Mamakating library shall be approved or disapproved; and
     3    (c) the election of five trustees as provided by this act.
     4    The  trustees  of the existing Mamakating library shall give notice of
     5  such election by the publication of a notice in one or  more  newspapers
     6  having  a  general  circulation  in the district to be served. The first
     7  publication of such notice shall be not less than thirteen days and  not
     8  more  than  twenty days prior to the date of such election. In addition,
     9  the board of trustees of the existing  Mamakating  library  shall  cause

    10  copies  of such notice to be posted conspicuously in three public places
    11  in the district at least  thirteen  days  prior  to  the  date  of  such
    12  election.  Such  notice  shall specify the time when and the place where
    13  such election will be held, the issues to be decided  at  such  election
    14  and the hours during which polls will be open for the receipt of ballots
    15  thereof  at  all  elections from 12:00 p.m. until 9:00 p.m. The board of
    16  trustees of the existing Mamakating library shall designate  a  resident
    17  qualified  voter  of such district to act as chairperson of any election
    18  of such district and shall designate not less than  two  nor  more  than
    19  four  resident  qualified voters at the polling place which shall be the
    20  Mamakating library to act as election inspectors and  ballot  clerks  at
    21  such  elections. No trustee or candidate for the office of trustee shall

    22  serve as chairperson or as an election inspector or  ballot  clerk.  The
    23  board  of  trustees  may  adopt  a resolution providing that such chair-
    24  person, election inspectors and ballot clerks shall be  paid  for  their
    25  respective  services at the initial election or at subsequent elections,
    26  should the new library district be created. Such resolution, if adopted,
    27  may fix reasonable compensation for services of such officials.    Every
    28  voter,  otherwise  qualified  to vote at a general election and residing
    29  within the area of the proposed district shall be qualified to  vote  at
    30  said  election.  After  the  polls  have  closed  at  such election, the
    31  election inspectors and the  ballot  clerks  shall  immediately  canvass
    32  publicly  the  ballots  cast  and  the chairperson of the election shall
    33  publicly announce the result. Within seventy-two hours  thereafter,  the

    34  chairperson,  election  inspectors,  and ballot clerks shall execute and
    35  file a certificate of the result of the canvass with the board of  trus-
    36  tees and the Mamakating town clerk.
    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 Mamakating library
    39  district in accordance with the provisions of subdivision  one  of  this
    40  section,  at  a time to be set by the board, at which election vacancies
    41  on the board of trustees shall be filled and at which any proposed budg-
    42  et which the board shall determine to submit to the voters  pursuant  to
    43  section four of this act shall be submitted to the voters.
    44    3. Candidates for the office of member of the board of trustees of the
    45  Mamakating  library  district shall be nominated by petition. No vacancy

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

        A. 8139--A                          3

     1  the  secretary  of  the board of trustees between the hours of 1:00 p.m.
     2  and 5:00 p.m., not later than the thirtieth day preceding  the  election
     3  at  which  time the candidates nominated are to be elected. In the event
     4  that  the  new  district is created, petitions nominating candidates for
     5  the board of trustees after the initial election shall be filed with the
     6  secretary of the Mamakating library district.
     7    4. At any election in such district, the voters may adopt  a  proposi-
     8  tion providing that, in all subsequent elections, vacancies on the board
     9  of  trustees shall be considered separate, specific offices and that the
    10  nominating petitions shall describe the specific vacancy upon the  board
    11  of  trustees  for  which  the  candidate is nominated, which description
    12  shall include at least the length of the term of the office and the name

    13  of the last incumbent, if any. No person shall  be  nominated  for  more
    14  than  one specific office. Such procedure shall be followed with respect
    15  to all nominations and elections in subsequent years  until  and  unless
    16  such  proposition is repealed by the electors of the district at a regu-
    17  lar election by adoption of a proposition to repeal the same.
    18    § 3. Organization and structure. The Mamakating library district shall
    19  be managed, operated, and controlled by a board of  trustees  consisting
    20  of  five members. The trustees shall take office on the first day of the
    21  month following their election and shall, at the first  regular  meeting
    22  of the board, determine when terms of office of each member shall expire
    23  as  follows:  the  two  trustees  receiving the first and second highest
    24  number of votes shall serve for four years, the two  trustees  receiving

    25  the  third  and  fourth  highest  number  of votes shall serve for three
    26  years, and the trustee receiving the fifth highest number of votes shall
    27  serve for two years.
    28    As vacancies occur, trustees shall be elected at the  annual  election
    29  provided  for  by this act to serve four year terms by the voters of the
    30  library district hereby created, such terms to commence on the first day
    31  of the month next following the election. Only qualified voters  of  the
    32  district  shall  be  eligible for election to the board of trustees. The
    33  board of trustees at its first meeting each year shall elect or  appoint
    34  a  president  and vice-president who shall be members of the board and a
    35  secretary, treasurer, and such other officers as they deem necessary. If
    36  the board so determines, the offices of secretary and treasurer  may  be

    37  held by individuals who are not members of the board of trustees and, in
    38  that  event,  such  officer  may,  if  the  board so determines, receive
    39  compensation as fixed by resolution of the board.
    40    § 4. Finances. 1.  The  initial  budget  for  the  Mamakating  library
    41  district  shall be determined by a vote of the voters of the district in
    42  the initial election as hereinafter provided  for.  All  future  budgets
    43  that  increase or decrease the Mamakating library proposed total operat-
    44  ing expenditures over the  total  operating  expenditures  in  the  last
    45  preceding  fiscal  year's  budget  shall  be  submitted to the residents
    46  voting at the annual election of trustees pursuant  to  section  two  of
    47  this  act.  Funds voted for library purposes at the initial election and
    48  at all future budget elections shall be considered an  annual  appropri-

    49  ation  therefor  and  shall  be  levied and collected yearly in the same
    50  manner and at the same time as other taxes in the town of Mamakating.
    51    2. The board of trustees shall annually file with  the  clerk  of  the
    52  town  of  Mamakating, on or before the first day of October, an estimate
    53  of the proposed budget, including  costs  of  library  services,  to  be
    54  raised  by levy for the library district in the fiscal year beginning on
    55  the first day of January of the following year. The town shall not  make

        A. 8139--A                          4
     1  any  change in the estimate of revenues or expenditures submitted by the
     2  board of the library district in preparation of its preliminary budget.
     3    3.  The  town board of the town of Mamakating shall levy a tax against
     4  the real property lying within the Mamakating library district  for  the

     5  amount  to  be  raised  by  tax as contained in the annual budget of the
     6  Mamakating library district.  The town board may issue tax  anticipation
     7  notes,  revenue anticipation notes, and budget notes pursuant to article
     8  II of the local finance law to obtain the necessary moneys therefor.
     9    4. The town board of the town of Mamakating shall have  the  power  to
    10  authorize,  sell, and issue bonds, notes, and other evidences of indebt-
    11  edness pursuant to the local finance law in order to permit the  library
    12  district  to  provide  facilities  or  improved  facilities  for library
    13  purposes. Upon written request from the board of trustees of  the  Mama-
    14  kating  library district, after approval by the qualified voters of such
    15  district, the town board shall authorize, sell, and  issue  such  bonds,
    16  notes, or other evidences of indebtedness as are necessary to accomplish

    17  the  improvements  specified  in the notice. The proceeds of such bonds,
    18  notes, or other evidences of indebtedness shall be paid to the treasurer
    19  of the Mamakating  library  district  and  maintained  in  a  segregated
    20  account  in  accordance with section 165.00 of the local finance law and
    21  expended by the treasurer only on specific authorization by the board of
    22  trustees.
    23    5. The board of trustees of the Mamakating library district may accept
    24  on behalf of the district any absolute gift, devise, or bequest of  real
    25  or personal property and such conditional gifts, devises, or bequests as
    26  it shall by resolution approve.
    27    6. The treasurer of the Mamakating library district shall be custodian
    28  of  all  funds  of the library district, including gifts and trust funds
    29  paid over to the trustees. The  board  of  trustees  may  authorize  the

    30  investment  of  funds in the custody of the treasurer in the same manner
    31  in which school district funds may be invested. Proceeds of  obligations
    32  received from the town may be invested in accordance with section 165.00
    33  of the local finance law. The town of Mamakating shall promptly pay over
    34  to  the  Mamakating  library  district all moneys which belong to or are
    35  raised for the library district. No moneys shall  be  disbursed  by  the
    36  treasurer  of  the  library  district except after audit by the board of
    37  trustees. The board of trustees of the Mamakating library district shall
    38  audit all claims and shall order the payment thereof, except  as  other-
    39  wise  provided  by  this  section.  No  such  claims shall be audited or
    40  ordered paid by the trustees unless an itemized voucher  therefor  shall
    41  be  presented  to  the  board  of  trustees for audit and allowance. The

    42  provisions of this section shall not be applicable to payment of  claims
    43  of  fixed  salaries  and  amounts  which  the  library  districts may be
    44  required to pay on account  of  retirement  contributions  for  past  or
    45  current  services to officers and employees of the library district. The
    46  treasurer shall keep such records in such manner as the board  of  trus-
    47  tees may require.
    48    § 5. Charter, commencement of operations, and transfer of property and
    49  employees. The initially elected trustees shall, within thirty days from
    50  the  date  of  approval  of  the  library  district by the voters of the
    51  district, apply to the board of  regents  for  a  charter  as  a  public
    52  library.  On January 1, 2004, upon the granting of such a charter by the
    53  board of regents, then title to all liabilities  and  assets,  including

    54  all  property,  real and personal, and all other tangible and intangible
    55  property, trust and other funds, and all other obligations, now held  by
    56  the  Mamakating  library  shall  be  transferred  to,  vested in, and be

        A. 8139--A                          5
     1  acquired by the Mamakating library district as established by this  act.
     2  Upon the granting of such charter by the board of regents, all employees
     3  of the Mamakating library shall become employees of the library district
     4  upon the same terms and conditions of employment and at the same rate of
     5  pay as their previous employment by the Mamakating library.
     6    §  6. Ad valorem levy. The several lots and parcels of land within the
     7  area of said public library district are hereby determined to  be  bene-
     8  fited by the library facilities and devices existing as of the effective

     9  date  of  this  act,  and the town of Mamakating is hereby authorized to
    10  assess, levy, and collect the necessary expenses of  operation,  mainte-
    11  nance,  and  repair  of  such  facilities  and services and such capital
    12  improvements, including debt service on bonds, notes, or other evidences
    13  of indebtedness of the town issued for the  purpose  of  the  Mamakating
    14  library  district,  as  may  be  hereafter  authorized  pursuant  to the
    15  provisions of this act from such lots and parcels of land  in  the  same
    16  manner and at the same time as other town 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 Mamakating library district established by this act.
    20    § 8. This act shall take effect immediately.
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