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.
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