Bill Text: NY S05504 | 2011-2012 | General Assembly | Amended
Bill Title: Creates the LaGrange public library district in the town of LaGrange, county of Dutchess.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-08-17 - SIGNED CHAP.411 [S05504 Detail]
Download: New_York-2011-S05504-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5504--A 2011-2012 Regular Sessions I N S E N A T E 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 AN ACT 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 creating the LaGrange public library district in the town of LaGrange, 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 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 S 2. Election. 1. The district herein described shall not come into 10 existence unless and until it is approved with the initial tax levy 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 Novem- 14 ber 15, 2012, pursuant to the following provisions: 15 Upon receipt of a petition signed by not less than twenty-five voters 16 qualified to vote at a general election in the town, the board of trus- 17 tees of the existing LaGrange library shall, at least sixty days prior 18 to the general election, file such petition with the board of elections 19 of Dutchess county which shall cause the board of elections of Dutchess 20 county to give notice of an election to be held with the general 21 election in the town. If a majority of the voters approve the formation EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11825-04-1 S. 5504--A 2 1 of the district with the initial tax levy in support thereof proposed by 2 the board of trustees of the existing LaGrange library, then the 3 district shall come into existence on the terms and conditions set forth 4 in this act. At such election the issues shall be: 5 (a) whether the public library district herein described with the 6 initial tax levy 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 elections of Dutchess county shall give notice of such 10 election with the general election for the town of LaGrange in accord- 11 ance with the rules relating to such notice in the election law. In 12 addition, the board of trustees of the existing LaGrange library shall 13 cause copies of such notice to be posted conspicuously in three public 14 places in the district at least fourteen days prior to the date of such 15 election. Such notice shall specify the issues to be decided at such 16 election and that the election will be held as part of the general 17 election. Every voter otherwise qualified to vote at a general election 18 and residing within the town shall be qualified to vote at said 19 election. 20 2. In the event that the district is created, there shall be an annual 21 election conducted by the board of elections of Dutchess county in 22 accordance with the provisions of subdivision one of this section in 23 conjunction with the general election in the town, at which election 24 vacancies on the board of trustees shall be filled and at which any 25 proposed tax levy which the board shall determine to submit to the 26 voters pursuant to section four of this act shall be submitted to the 27 voters. 28 3. Candidates for the office of member of the board of trustees of the 29 LaGrange public library district shall be nominated by petition. No 30 vacancy on the board of trustees to be filled shall be considered a 31 separate, specific office. A separate petition shall be required to 32 nominate each candidate for a vacancy on the board. Each petition shall 33 be directed to the board of elections of Dutchess county, with a copy to 34 the secretary of the board of trustees of the existing LaGrange library, 35 shall be signed by at least twenty-five qualified voters of the 36 district, shall state the residence of each signer, and shall state the 37 name and residence of the candidate. In the event that any such nominees 38 shall withdraw their candidacy prior to the election, such person shall 39 not be considered a candidate unless a new petition nominating such 40 person in the same manner and within the same time limitation applicable 41 to other candidates is filed with the board of elections of Dutchess 42 county, with a copy to the secretary of the board of trustees of the 43 existing LaGrange library. Each petition shall be filed with the board 44 of elections of Dutchess county, with a copy to the secretary of the 45 board of trustees of the existing LaGrange library, between the hours of 46 9:00 a.m. and 5:00 p.m., not later than the thirty-first day of August 47 preceding the general election at which the candidates nominated are to 48 be elected. In the event that the new district is created, petitions 49 nominating candidates for the board of trustees for all future elections 50 shall be filed with the board of elections of Dutchess county, with a 51 copy to the secretary of the LaGrange public library district. 52 S 3. Organization and structure. The LaGrange public library district 53 shall be managed, operated, and controlled by a board of trustees 54 consisting of nine members. The trustees shall take office on the first 55 day of January following their election. At the first regular meeting of 56 the board of trustees of the district, the trustees shall determine when S. 5504--A 3 1 the terms of office of each member shall expire as follows: the trustees 2 receiving the first, second, and third highest number of votes shall 3 each serve for three years, the trustees receiving the fourth, fifth, 4 and sixth highest number of votes shall each serve for two years, and 5 the trustees receiving the seventh, eighth, and ninth highest number of 6 votes shall each serve for one year. As vacancies occur due to expira- 7 tion of terms of office, trustees shall be elected by the voters of the 8 district at the election provided for by this act to serve three year 9 terms, such terms to commence on the first day of January next following 10 the election. All other vacancies caused by resignation, removal, death, 11 or inability to serve shall be filled by appointment by the board of 12 trustees of the district for the remaining portion of the term being 13 filled. Only qualified voters of the district shall be eligible for 14 election to the board of trustees. The board of trustees at its first 15 meeting each year shall elect or appoint a president and vice-president, 16 who shall be members of the board, and a secretary, treasurer, and such 17 other officers as they deem necessary. If the board so determines, the 18 offices of secretary and treasurer may be held by individuals who are 19 not members of the board of trustees and, in that event, such officers 20 may, if the board so determines, receive compensation as fixed by resol- 21 ution of the board. 22 S 4. Finances. 1. The initial tax levy to support the district shall 23 be determined by a vote of the voters of the district in the initial 24 election as hereinafter provided for. All future increases or decreases 25 to the district's proposed total tax levy as compared to the total tax 26 levy in the preceding fiscal year shall be submitted to the residents 27 voting at the annual election of trustees pursuant to section two of 28 this act. The question to be placed on the ballot shall be given to the 29 board of elections of Dutchess county for inclusion on the ballot at 30 least thirty-six days prior to the annual election. Funds voted for 31 library proposes at the initial election and at all future elections 32 shall be considered an annual appropriation therefor and shall be levied 33 and collected yearly by the town for the district in the same manner and 34 at the same time as other taxes in the town of LaGrange. 35 2. The town board of the town of LaGrange shall levy a tax against 36 the real property lying within the LaGrange public library district for 37 the amount to be raised by tax as approved by the voters of the LaGrange 38 public library district. The town board shall pay the tax levy approved 39 by the voters over to the treasurer of the LaGrange public library 40 district as those revenues are collected and received by the town. If 41 necessary, the town board may issue tax anticipation notes pursuant to 42 article II of the local finance law to obtain the necessary moneys 43 therefor. 44 3. The town board of the town of LaGrange shall have the power to 45 authorize, sell, and issue bonds, notes, and other evidences of indebt- 46 edness pursuant to the local finance law in order to permit the district 47 to provide facilities or improved facilities for library purposes. Upon 48 written request from the board of trustees of the LaGrange public 49 library district, after approval by the qualified voters of such 50 district, the town board shall authorize, sell, and issue such bonds, 51 notes, or other evidences of indebtedness as are necessary to accomplish 52 the improvements specified in the notice. The proceeds of such bonds, 53 notes, or other evidences of indebtedness shall be paid to the treasurer 54 of the LaGrange public library district and maintained in a segregated 55 account in accordance with section 165.00 of the local finance law and S. 5504--A 4 1 expended by the treasurer only on specific authorization by the board of 2 trustees. 3 4. The board of trustees of the LaGrange public library district may 4 accept on behalf of the district any absolute gift, devise, or bequest 5 of real or personal property and such conditional gifts, devises, or 6 bequests as it shall by resolution approve. 7 5. The treasurer of the LaGrange public library district shall be 8 custodian of all funds of the district, including gifts and trust funds 9 paid over to the trustees. The board of trustees may authorize the 10 investment of funds in the custody of the treasurer in the same manner 11 in which town funds may be invested. Proceeds of obligations received 12 from the town may be invested in accordance with section 165.00 of the 13 local finance law. The town of LaGrange shall promptly pay over to the 14 LaGrange public library district all monies which belong to or are 15 raised for the district. No monies shall be disbursed by the treasurer 16 of the district except after audit by the board of trustees. The board 17 of trustees of the LaGrange public library district shall audit all 18 claims and shall order the payment thereof, except as otherwise provided 19 by this section. No such claims shall be audited or ordered paid by the 20 trustees unless an itemized voucher therefor shall be presented to the 21 board of trustees for audit and allowance. The provisions of this 22 section shall not be applicable to payment of utility costs, claims of 23 fixed salaries, and amounts which the district may be required to pay on 24 account of retirement contributions for past or current services to 25 officers and employees of the district. The treasurer shall keep such 26 records in such manner as the board of trustees may require. 27 S 5. Charter, commencement of operations, and transfer of property and 28 employees. The initially elected trustees shall, within forty-five days 29 from the date of approval of the district by the voters of the district, 30 apply to the board of regents for a charter as a public library. Upon 31 the granting of such a charter by the board of regents, title to all 32 liabilities and assets, including all property, both real and personal, 33 and both tangible and intangible, all trust and other funds, and all 34 other obligations, now held by the existing LaGrange library shall be 35 transferred to, vested in, and be acquired by the district established 36 by this act. The above provisions for transfer to, vesting and acquisi- 37 tion of real and personal property, both tangible and intangible, and 38 all trust and other funds, are effectuated by operation of law pursuant 39 to the authority of this act, except that, for purposes of clarity of 40 real property records, deeds of conveyance shall be executed and filed 41 for any parcels of real property. Upon the transfer of all such proper- 42 ty, the existing LaGrange library shall be deemed dissolved. Upon the 43 granting of such charter by the board of regents, all employees of the 44 exiting LaGrange library shall become employees of the district upon the 45 same terms and conditions of employment and at the same rate of pay as 46 their previous employment by the existing LaGrange library. 47 S 6. Ad valorem levy. The several lots and parcels of land within the 48 area of the district are hereby determined to be benefited by the 49 library facilities and devices existing as of the effective date of this 50 act, and the town of LaGrange is hereby authorized to assess, levy, and 51 collect the necessary expenses of operation, maintenance, and repair of 52 such facilities and services and such capital improvements, including 53 debt service on bonds, notes, or other evidences of indebtedness of the 54 town issued for the purpose of the LaGrange public library district, as 55 may be hereafter authorized pursuant to the provisions of this act from S. 5504--A 5 1 such lots and parcels of land in the same manner and at the same time as 2 other town charges. 3 S 7. Education law. Except as otherwise provided by this act, the 4 provisions of the education law relating to public libraries shall be 5 applicable to the district established by this act. 6 S 8. The LaGrange public library district is deemed a special district 7 which is separate and distinct from the town for all purposes, including 8 but not limited to management, appropriations, and expenditures. Any tax 9 levy for the district shall not be charged or imputed to the town, and 10 shall instead be charged or imputed to the district, for purposes of any 11 general or special laws enacted by the legislature. 12 S 9. Section 5 of chapter 672 of the laws of 1993, amending the public 13 authorities law relating to the construction and financing of facilities 14 for certain public libraries, as amended by chapter 501 of the laws of 15 2010, is amended to read as follows: 16 S 5. The following libraries shall be eligible public libraries for 17 purposes of title 4 of article 8 of the public authorities law: 18 Comsewogue Public Library 19 Rogers Memorial Library Company 20 Hendrick Hudson Free Library 21 Riverhead Free Library 22 Northern Onondaga Public Library District 23 Suffern Free Library 24 Haverstraw King's Daughters Public Library 25 Crandall Public Library 26 Sayville Library 27 Monroe Free Library 28 Harborfields Public Library 29 Howland Public Library 30 Patchogue-Medford Library 31 New City Library 32 Babylon Public Library 33 Lindenhurst Memorial Library 34 Great Neck Library 35 Caledonia Public Library 36 Bayport-Blue Point Public Library 37 The Bryant Library 38 Swan Library 39 Bay Shore-Brightwaters Public Library 40 The Albany Public Library 41 Elwood Public Library 42 Peninsula Public Library 43 Smithtown Special Library District 44 Goshen Public Library and Historical Society 45 The Hauppauge Public Library 46 The Nyack Library 47 North Merrick Public Library 48 Southold Free Library 49 The Hampton Library in Bridgehampton, Inc. 50 John Jermain Memorial Library 51 Westhampton Free Library 52 The Plainview-Old Bethpage Public Library 53 Commack Public Library 54 Troy Public Library 55 D.R. Evarts Library District 56 LAGRANGE PUBLIC LIBRARY DISTRICT S. 5504--A 6 1 S 10. This act shall take effect immediately; provided, that section 2 nine of this act shall take effect on the same date as the LaGrange 3 public library district shall come into existence pursuant to this act; 4 provided that the trustees of the LaGrange public library district shall 5 notify the legislative bill drafting commission upon the creation of 6 such district pursuant to this act in order that the commission may 7 maintain an accurate and timely effective data base of the official text 8 of the laws of the state of New York in furtherance of effectuating the 9 provisions of section 44 of the legislative law and section 70-b of the 10 public officers law.