New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

S05504 Summary:

S05504 Actions:

S05504 Floor Votes:

S05504 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5504--C
            Cal. No. 825
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      May 26, 2011
                                       ___________
 
        Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- recommitted to the Committee on Local

          Government in accordance with Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported favorably from said committee, ordered
          to first report, amended on first report, ordered to a second  report,
          and  to  be  reprinted as amended, retaining its place in the order of
          second report
 
        AN ACT creating the LaGrange public library  district  in  the  town  of
          LaGrange,  New  York;  and  to  amend  chapter 672 of the laws of 1993
          amending the public authorities law relating to the  construction  and
          financing  for  certain public libraries, in relation to 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 LaGrange, county of
     4  Dutchess, a public library district which shall be known as the LaGrange
     5  public library district, hereinafter referred to as  the  district,  and
     6  which  shall  consist  of all the territory within the town of LaGrange,
     7  hereinafter referred to as the town. The district will operate a  public
     8  library to be known as the LaGrange public 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
    12  LaGrange library, and nine trustees are elected by a vote of the majori-

    13  ty of the qualified voters voting in an election held,  not  later  than
    14  September 30, 2013, pursuant to the following provisions:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11825-12-2
        S. 5504--C                          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 town, the board of  trus-
     3  tees of the existing LaGrange library shall conduct an election at which
     4  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 LaGrange library shall be created or not; and

     8    (b) the election of nine trustees as provided by this act.
     9    The  board  of  trustees  of  the existing LaGrange library shall give
    10  notice of such election by publication of notice at least twice  in  one
    11  or  more  newspapers  having a general circulation in the district to be
    12  served.  The first publication of such notice shall  be  not  less  than
    13  thirteen  days  and  not more than twenty days prior to the date of such
    14  election. In addition, the board of trustees of  the  existing  LaGrange
    15  library  shall cause copies of such notice to be posted conspicuously in
    16  three public places in the district at least thirteen days prior to  the
    17  date  of such election. Such notice shall specify the date and time when
    18  and the place where such election will be held  and  the  issues  to  be
    19  decided at such election. The board of trustees of the existing LaGrange

    20  library  shall  designate a resident qualified voter of such district to
    21  act as chairperson of any election of such district and shall  designate
    22  not less than two nor more than four resident qualified voters to act as
    23  election  inspectors  and  ballot clerks at such election. No trustee of
    24  the existing LaGrange library  shall  serve  as  chairperson  or  as  an
    25  election  inspector or ballot clerk. The board of trustees of the exist-
    26  ing LaGrange library may adopt a resolution providing that  such  chair-
    27  person,  election  inspectors and ballot clerks shall be paid reasonable
    28  compensation for their respective services  at  such  election.    Every
    29  voter  who is a resident of the district and otherwise qualified to vote
    30  at a general election in the town shall be qualified  to  vote  at  said
    31  election. The board of trustees of the existing LaGrange library may, to

    32  the  extent authorized by law, authorize the use of absentee ballots for
    33  the election. After the polls have closed at such election, the election
    34  inspectors and the ballot clerks shall immediately canvass publicly  the
    35  ballots cast and the chairperson of the election shall publicly announce
    36  the  result.  Within  seventy-two  hours  thereafter,  the  chairperson,
    37  election inspectors and ballot clerks shall execute and file  a  certif-
    38  icate  of  the  result  of the canvass with the board of trustees of the
    39  existing LaGrange library and the town  clerk.  If  a  majority  of  the
    40  voters  approve the formation of the district with the initial budget in
    41  support thereof proposed by  the  board  of  trustees  of  the  existing
    42  LaGrange  library,  then  the  district shall come into existence on the
    43  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  LaGrange  public
    46  library district in accordance with the provisions of subdivision one of
    47  this  section  at  a  time  to  be  set  by the board of trustees of the
    48  district, at which election vacancies on the board of trustees shall  be
    49  filled  and at which any proposed budget which the board shall determine
    50  to submit to the voters pursuant to section four of this  act  shall  be
    51  submitted to the voters.
    52    3. Candidates for the office of member of the board of trustees of the
    53  LaGrange  public  library  district  shall  be nominated by petition. No
    54  vacancy to be filled on the board of  trustees  shall  be  considered  a
    55  separate,  specific  office.  A  separate  petition shall be required to

    56  nominate each candidate for a vacancy on the board. Each petition  shall
        S. 5504--C                          3
 
     1  be  directed  to  the secretary of the board of trustees of the existing
     2  LaGrange library, shall be signed  by  at  least  twenty-five  qualified
     3  voters  of  the  district, shall state the residence of each signer, and
     4  shall  state  the name and residence of the candidate. In the event that
     5  any such nominees shall withdraw their candidacy prior to the  election,
     6  such  person  shall  not be considered a candidate unless a new petition
     7  nominating such person in the same manner and within the same time limi-
     8  tation applicable to other candidates is filed with the secretary of the
     9  board of trustees of the existing LaGrange library. Each petition  shall
    10  be  filed  with  the  secretary of the board of trustees of the existing

    11  LaGrange library, between the hours of 9:00  a.m.  and  5:00  p.m.,  not
    12  later than the thirtieth day before the election at which the candidates
    13  nominated  are  to  be  elected.  In  the event that the new district is
    14  created, petitions nominating candidates for the board of  trustees  for
    15  all  future  elections shall be filed with the secretary of the LaGrange
    16  public library district.
    17    § 3. Organization and structure. The LaGrange public library  district
    18  shall  be  managed,  operated,  and  controlled  by  a board of trustees
    19  consisting of nine members. The trustees shall take office at the  first
    20  regular  meeting  of  the board of trustees following their election. At
    21  the first regular meeting of the board of trustees of the district,  the
    22  trustees  shall  determine when the terms of office of each member shall

    23  expire as follows: the trustees receiving the first, second,  and  third
    24  highest  number  of votes shall each serve for three years, the trustees
    25  receiving the fourth, fifth, and sixth highest  number  of  votes  shall
    26  each  serve  for  two  years,  and  the  trustees receiving the seventh,
    27  eighth, and ninth highest number of votes shall each serve for one year.
    28  As vacancies occur due to expiration of terms of office, trustees  shall
    29  be elected by the voters of the district at the election provided for by
    30  this  act to serve three year terms, such terms to commence at the first
    31  regular meeting of the board of trustees of the district next  following
    32  their  election.  All  other  vacancies  caused by resignation, removal,
    33  death, or inability to serve shall be filled by appointment by the board
    34  of trustees of the district until the next election, at which  time  the

    35  vacancy  shall  be  filled  by election for the remaining portion of the
    36  term.  At any election where one or more persons are to be  elected  for
    37  the  unexpired  portion  of a term or terms, the candidate receiving the
    38  largest number of votes shall be entitled to the full  three  year  term
    39  and  the  candidates receiving the next highest number of votes shall be
    40  entitled, in decreasing order of the respective numbers of votes, to the
    41  vacancy or vacancies, in decreasing order of the length of the unexpired
    42  portion or portions of a term or terms.   Only qualified voters  of  the
    43  district  shall  be  eligible for election to the board of trustees. The
    44  board of trustees at its first meeting after each annual election  shall
    45  elect or appoint a president and vice-president, who shall be members of
    46  the  board,  and a secretary, treasurer, and such other officers as they

    47  deem necessary. If the board so determines, the offices of secretary and
    48  treasurer may be held by individuals who are not members of the board of
    49  trustees and, in that event, such officers may, if the board  so  deter-
    50  mines, receive compensation as fixed by resolution of the board.
    51    §  4. Finances. 1. The initial budget to support the district shall be
    52  determined by a vote of the  voters  of  the  district  in  the  initial
    53  election  as  hereinafter provided for. All future budgets that increase
    54  or decrease the district's proposed tax levy as compared to the tax levy
    55  in the preceding fiscal year's budget shall be submitted  to  the  resi-
    56  dents  voting at the annual election of trustees pursuant to section two
        S. 5504--C                          4
 
     1  of this act.  Funds voted for library purposes at the  initial  election

     2  and  at all future elections shall be considered an annual appropriation
     3  therefor and shall be levied and collected yearly by the  town  for  the
     4  district  in  the same manner and at the same time as other taxes in the
     5  town.
     6    2. The board of trustees of the district shall annually file with  the
     7  clerk  of the town on or before the first day of November an estimate of
     8  the proposed budget including costs of library services to be raised  by
     9  levy  for the library district in the fiscal year beginning on the first
    10  day of January of the next year. The town shall not make any  change  in
    11  the  estimate  of revenues or expenditures submitted by the board of the
    12  district in preparation of its preliminary budget.
    13    3. The town board of the town of LaGrange shall levy a tax against the
    14  real property lying within the district for the amount to be  raised  by

    15  tax  as approved by the voters of the district. The town board shall pay
    16  the full amount of the tax levy approved by the voters over to the trea-
    17  surer of the district  pursuant  to  the  schedule  set  forth  in  this
    18  section.  The town board shall annually pay over to the treasurer of the
    19  district on or before the thirtieth day after its tax collection  period
    20  ends, the full amount of the levy due.  If necessary to meet this sched-
    21  ule, the town board may issue tax anticipation notes pursuant to article
    22  II of the local finance law to obtain the necessary moneys therefor.
    23    4. The town board of the town shall have the power to authorize, sell,
    24  and  issue bonds, notes, and other evidences of indebtedness pursuant to
    25  the local finance law in order to permit the district to provide facili-
    26  ties or improved facilities for library purposes. Upon  written  request

    27  from the board of trustees of the district, after approval by the quali-
    28  fied  voters of such district, the town board shall authorize, sell, and
    29  issue such bonds, notes, or  other  evidences  of  indebtedness  as  are
    30  necessary  to  accomplish  the improvements specified in the notice. The
    31  proceeds of such bonds, notes, or other evidences of indebtedness  shall
    32  be  paid to the treasurer of the district and maintained in a segregated
    33  account in accordance with section 165.00 of the local finance  law  and
    34  expended by the treasurer only on specific authorization by the board of
    35  trustees.
    36    5.  The  board of trustees of the district may accept on behalf of the
    37  district any absolute gift, devise, or bequest of real or personal prop-
    38  erty and such conditional gifts, devises, or bequests  as  it  shall  by
    39  resolution approve.

    40    6.  The  treasurer  of the district shall be custodian of all funds of
    41  the district, including gifts and trust funds paid over to the trustees.
    42  The board of trustees may authorize  the  investment  of  funds  in  the
    43  custody  of  the treasurer in the same manner in which town funds may be
    44  invested. Proceeds of obligations received from the town may be invested
    45  in accordance with section 165.00 of the local finance law. The town  of
    46  LaGrange shall promptly pay over to the district all monies which belong
    47  to  or  are raised for the district. No monies shall be disbursed by the
    48  treasurer of the district except after audit by the board  of  trustees.
    49  The  board  of trustees of the district shall audit all claims and shall
    50  order the payment thereof, except as otherwise provided by this section.
    51  No such claims shall be audited or ordered paid by the  trustees  unless

    52  an itemized voucher therefor shall be presented to the board of trustees
    53  for  audit  and  allowance.  The provisions of this section shall not be
    54  applicable to payment of utility costs, claims of  fixed  salaries,  and
    55  amounts  which the district may be required to pay on account of retire-
    56  ment contributions for past or current services to officers and  employ-
        S. 5504--C                          5
 
     1  ees  of  the  district.  The  treasurer  shall keep such records in such
     2  manner as the board of trustees may require.
     3    § 5. Charter, commencement of operations, and transfer of property and
     4  employees.  The initially elected trustees of the district shall, within
     5  ninety days from the date of approval of the district by the  voters  of
     6  the  district,  apply  to the board of regents for a charter as a public

     7  library. Upon the granting of such a charter by the  board  of  regents,
     8  title  to  all liabilities and assets, including all property, both real
     9  and personal, and both tangible and  intangible,  all  trust  and  other
    10  funds,  and  all  other  obligations,  now held by the existing LaGrange
    11  library shall be transferred to, vested  in,  and  be  acquired  by  the
    12  district  established by this act. The above provisions for transfer to,
    13  vesting and acquisition of real and personal property, both tangible and
    14  intangible, and all trust and other funds, are effectuated by  operation
    15  of  law pursuant to the authority of this act, except that, for purposes
    16  of clarity of real  property  records,  deeds  of  conveyance  shall  be
    17  executed  and  filed for any parcels of real property. Upon the transfer
    18  of all such property, the existing  LaGrange  library  shall  be  deemed

    19  dissolved.  Upon  the  granting of such charter by the board of regents,
    20  all employees of the existing LaGrange library shall become employees of
    21  the district upon the same terms and conditions of employment and at the
    22  same rate of pay as their previous employment by the  existing  LaGrange
    23  library.
    24    §  6. Ad valorem levy. The several lots and parcels of land within the
    25  area of the district are  hereby  determined  to  be  benefited  by  the
    26  library facilities and devices existing as of the effective date of this
    27  act,  and the town of LaGrange is hereby authorized to assess, levy, and
    28  collect the necessary expenses of operation, maintenance, and repair  of
    29  such  facilities  and  services and such capital improvements, including
    30  debt service on bonds, notes, or other evidences of indebtedness of  the
    31  town  issued for the purpose of the LaGrange public library district, as

    32  may be hereafter authorized pursuant to the provisions of this act  from
    33  such lots and parcels of land in the same manner and at the same time as
    34  other town charges.
    35    §  7.  Education  law.  Except  as otherwise provided by this act, the
    36  provisions of the education law relating to public  libraries  shall  be
    37  applicable to the district established by this act.
    38    §  8.  The district is deemed a special district which is separate and
    39  distinct from the town for all purposes, including but  not  limited  to
    40  management,  appropriations,  and  expenditures.  Any  tax  levy for the
    41  district shall not be charged or imputed to the town, and shall  instead
    42  be  charged  or  imputed to the district, for purposes of any general or
    43  special laws enacted by the legislature.
    44    § 9. Section 5 of chapter 672 of the laws of 1993, amending the public

    45  authorities law relating to the construction and financing of facilities
    46  for certain public libraries, as separately amended by  chapter  533  of
    47  the  laws  of  2011 and chapter 23 of the laws of 2012, the forty-second
    48  undesignated paragraph as added by a chapter of the laws of 2012  amend-
    49  ing chapter 672 of the laws of 1993, amending the public authorities law
    50  relating  to  the  construction  and financing of facilities for certain
    51  public libraries, relating to including the Guilderland  public  library
    52  within  the  provisions of such chapter, as proposed in legislative bill
    53  numbers S. 6450-A and A. 9236-A, and the forty-third undesignated  para-
    54  graph  as added by a chapter of the laws of 2012 amending chapter 672 of
    55  the laws of 1993, amending the public authorities law  relating  to  the
    56  construction  and  financing of facilities for certain public libraries,

        S. 5504--C                          6
 
     1  relating to including the Ethelbert B.  Crawford public  library  within
     2  the provisions of such chapter, as proposed in legislative bills numbers
     3  S. 6287 and A. 9159, is amended to read as follows:
     4    §  5.  The  following libraries shall be eligible public libraries for
     5  purposes of title 4 of article 8 of the public authorities law:
     6    1. Comsewogue Public Library
     7    2. Rogers Memorial Library Company
     8    3. Hendrick Hudson Free Library
     9    4. Riverhead Free Library
    10    5. Northern Onondaga Public Library District
    11    6. Suffern Free Library
    12    7. Haverstraw King's Daughters Public Library
    13    8. Crandall Public Library
    14    9. Sayville Library

    15    10. Monroe Free Library
    16    11. Harborfields Public Library
    17    12. Howland Public Library
    18    13. Patchogue-Medford Library
    19    14. New City Library
    20    15. Babylon Public Library
    21    16. Lindenhurst Memorial Library
    22    17. Great Neck Library
    23    18. Caledonia Public Library
    24    19. Bayport-Blue Point Public Library
    25    20. The Bryant Library
    26    21. Swan Library
    27    22. Bay Shore-Brightwaters Public Library
    28    23. The Albany Public Library
    29    24. Elwood Public Library
    30    25. Peninsula Public Library
    31    26. Smithtown Special Library District
    32    27. Goshen Public Library and Historical Society

    33    28. The Hauppauge Public Library
    34    29. The Nyack Library
    35    30. North Merrick Public Library
    36    31. Southold Free Library
    37    32. The Hampton Library in Bridgehampton, Inc.
    38    33. John Jermain Memorial Library
    39    34. Westhampton Free Library
    40    35. The Plainview-Old Bethpage Public Library
    41    36. Commack Public Library
    42    37. Troy Public Library
    43    38. Brunswick Community Library District
    44    39. D.R. Evarts Library District
    45    40. Norwood Public Library
    46    41. Stephentown Memorial Library District
    47    42. Guilderland Public Library
    48    43. Ethelbert B. Crawford Public Library District
    49    44. LaGrange Public Library District

    50    § 10. This act shall take effect immediately; provided that:
    51    (a) subdivision 41 of section 5 of chapter 672 of the laws of 1993, as
    52  designated by section nine of this act shall take effect  in  accordance
    53  with the provisions of section 9 of chapter 23 of the laws of 2012;
    54    (b) subdivision 42 of section 5 of chapter 672 of the laws of 1993, as
    55  designated  by  section  nine  of this act shall take effect on the same
    56  date and in the same manner as a chapter of the laws  of  2012  amending
        S. 5504--C                          7
 
     1  chapter  672  of  the  laws of 1993, amending the public authorities law
     2  relating to the construction and financing  of  facilities  for  certain
     3  public  libraries,  relating to including the Guilderland Public Library
     4  within  the  provisions of such chapter, as proposed in legislative bill

     5  numbers S. 6450-A and A. 9236-A, takes effect;
     6    (c) subdivision 43 of section 5 of chapter 672 of the laws of 1993, as
     7  designated by section nine of this act shall take  effect  on  the  same
     8  date  and  in  the same manner as a chapter of the laws of 2012 amending
     9  chapter 672 of the laws of 1993, amending  the  public  authorities  law
    10  relating  to  the  construction  and financing of facilities for certain
    11  public libraries, relating to including the Ethelbert B. Crawford Public
    12  Library District within the provisions of such chapter, as  proposed  in
    13  legislative bills numbers S. 6287 and A. 9159, takes effect; and
    14    (d) subdivision 44 of section 5 of chapter 672 of the laws of 1993, as
    15  added  by section nine of this act shall take effect on the same date as
    16  the LaGrange public library district shall come into existence  pursuant

    17  to  this  act; provided that the trustees of the LaGrange public library
    18  district shall notify the legislative bill drafting commission upon  the
    19  creation of such district pursuant to this act in order that the commis-
    20  sion  may  maintain  an  accurate  and timely effective data base of the
    21  official text of the laws of the state of New  York  in  furtherance  of
    22  effectuating  the  provisions  of  section 44 of the legislative law and
    23  section 70-b of the public officers law.