Bill Text: NY S04818 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to the Uniondale public library district; amends certain dates and certain rights of the board to allow for additional time for the public to participate in the election process.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-10-25 - SIGNED CHAP.511 [S04818 Detail]

Download: New_York-2021-S04818-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4818--A
            Cal. No. 805

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 12, 2021
                                       ___________

        Introduced  by  Sens.  THOMAS, BROOKS -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Libraries  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading

        AN  ACT to amend chapter 1017 of the laws of 1963 relating to establish-
          ing the Uniondale public library district in the  town  of  Hempstead,
          Nassau  county,  in relation to certain dates pertaining to the annual
          election process and certain rights of the board

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 3 of chapter 1017 of the laws of 1963 relating to
     2  establishing the Uniondale public library district in the town of  Hemp-
     3  stead,  Nassau county, as amended by chapter 779 of the laws of 1964, is
     4  amended to read as follows:
     5    § 3. The board of trustees of the public library of  said  union  free
     6  school  district  number two, town of Hempstead, in office on the effec-
     7  tive date of this act shall constitute the  board  of  trustees  of  the
     8  Uniondale public library district herein established.  Each such trustee
     9  of the district herein established shall continue to hold office as such
    10  for  the  balance  of his or her term as trustee of such school district
    11  library and until his or her successor is elected.  Thereafter,  on  the
    12  [first  Tuesday  of December] third Thursday of October in each calendar
    13  year in which the term of any such trustee  shall  expire,  an  election
    14  shall  be  held for a trustee to succeed such trustee for a term of five
    15  years commencing the first day of January next succeeding such election.
    16    The [trustee] board of trustees  shall  give  notice  thereof  by  the
    17  publication of a notice at least once in one or more newspapers having a
    18  general  circulation  in  the  district. The [first] publication of such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09444-03-1

        S. 4818--A                          2

     1  notice shall be [not less than thirteen days and not more  than  twenty]
     2  at  least  forty-five  days prior to the date of such election. In addi-
     3  tion, the trustees of such district shall cause copies of such notice to
     4  be  posted  conspicuously in five public places in the district at least
     5  [thirteen] forty-five days prior to the date of  such  election.    Such
     6  notice  shall  specify  the  time when and the place where such election
     7  will be held, the officers to be elected  thereat  and  their  terms  of
     8  office,  and  the  hours  during  which  the  polls will be open for the
     9  receipt of ballots.  The trustees of such  district  shall  prepare  the
    10  ballots  for  all  elections of trustees and the polls shall remain open
    11  for the receipt thereof at all elections from [seven] six o'clock in the
    12  evening until [ten] nine o'clock in  the  evening  and  such  additional
    13  consecutive  hours prior thereto as the trustees may have determined and
    14  specified in the notice thereof. The trustees shall designate a resident
    15  taxpayer of such district to act as chairman of  any  election  of  said
    16  district  and shall designate not less than two nor more than four resi-
    17  dent taxpayers to act as election inspectors and ballot clerks, and  may
    18  designate  additional alternative inspectors who shall assume the office
    19  of inspector upon the inability or refusal of an inspector to assume  or
    20  perform  his or her duties, at such elections. No trustee shall serve as
    21  such chairman or as an election inspector or ballot clerk. The  trustees
    22  may adopt a resolution providing that such chairman, election inspectors
    23  and  ballot  clerks  shall  be paid for their respective services at any
    24  such annual election or at any special  election.  Such  resolution,  if
    25  adopted, shall fix the amount of such compensation [but the amount shall
    26  not exceed ten dollars] for each such official.
    27    Every  elector  of the town who shall have resided in the district for
    28  the period of thirty days next preceding any election of trustees  shall
    29  be qualified to vote.
    30    Every  trustee  must at the time of his or her election or appointment
    31  and throughout his or her term of office be [(1)] a resident elector  of
    32  such  district  [and  (2)  the  owner  of  property within such district
    33  assessed upon the latest completed assessment roll of the Town of  Hemp-
    34  stead].
    35    The board of trustees may, by resolution, provide for absentee ballots
    36  for  the  election  of  the  office  of  trustee, in accordance with the
    37  provisions of section 213-b of the town law.
    38    The board of trustees may provide by resolution  that  candidates  for
    39  office of trustee shall file their names with the secretary of the board
    40  of  trustees  at  least  thirty days prior to the date of the elections,
    41  and, in addition, require that such nominations be submitted in petition
    42  form subscribed by twenty-five registered voters of the district.  Ther-
    43  eafter, the ballots for the election of  the  office  of  trustee  shall
    44  specify the names of the candidates duly filed and, in addition, provide
    45  proper  blank  spaces  for each office to be filled at such election. If
    46  any such resolution shall be adopted, the requirements thereof shall  be
    47  specified  in  the notice of each district election held thereafter. The
    48  board of trustees may rescind such resolution at any time.
    49    After the [poles] polls shall have been closed at  any  election  held
    50  for  the election of trustees, the election inspectors and ballot clerks
    51  shall immediately canvass publicly the ballots cast and the chairman  of
    52  the  election  shall  publicly  announce  the result. Within twenty-four
    53  hours thereafter, the chairman, election inspectors  and  ballot  clerks
    54  shall  execute  and file a certificate of the result of the canvass with
    55  the trustees and with the town clerk.

        S. 4818--A                          3

     1    If the number of voters is so great as to  render  it  inexpedient  or
     2  impossible  to  conduct  the election at one polling place, the trustees
     3  may divide the district into election districts and  provide  a  polling
     4  place  for  each  such  election  district,  provided, however, that the
     5  number  of  election districts shall not exceed one for each six hundred
     6  electors plus one for a remaining  fraction  of  six  hundred.  In  such
     7  event,  the  notice specified in [subdivision one of] this section shall
     8  describe the election districts and state where the polling places  will
     9  be  located, and the trustees shall designate not less than two nor more
    10  than four resident taxpayers to act as election  inspectors  and  ballot
    11  clerks,  and  may  designate additional alternative inspectors who shall
    12  assume the office of inspector upon  the  inability  or  refusal  of  an
    13  inspector to assume or perform his or her duties and additional clerical
    14  help,  as  needed,  at each such polling place. The trustees may adopt a
    15  resolution providing that such election  inspectors  and  ballot  clerks
    16  shall  be paid for their respective services at any such annual election
    17  or at any special election of the district. Such resolution, if adopted,
    18  shall fix the amount of such compensation  [but  the  amount  shall  not
    19  exceed  ten  dollars  for  such  official]. No trustee shall serve as an
    20  election inspector or ballot clerk.
    21    § 2. This act shall take effect immediately.
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