Bill Text: NY S05942 | 2015-2016 | General Assembly | Introduced


Bill Title: Creates the Seymour public library district in Monroe county and provides for the means for construction and financing of facilities for the district.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-06-17 - SUBSTITUTED BY A7735A [S05942 Detail]

Download: New_York-2015-S05942-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5942
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 12, 2015
                                      ___________
       Introduced  by Sens. ORTT, ROBACH -- read twice and ordered printed, and
         when printed to be committed to the Committee on Rules
       AN ACT creating the Seymour public library  district  in  the  towns  of
         Sweden  and Clarkson, New York including the Village of Brockport; and
         to amend chapter 672 of the laws of 1993 amending the public  authori-
         ties  law relating to the construction and financing of facilities for
         certain public libraries, in relation to including the Seymour  public
         library  district  within the provisions of such chapter and 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 towns of Sweden and Clarkson,
    4  county of Monroe, a public library district which shall be known as  the
    5  Seymour  public  library  district  in the county of Monroe, hereinafter
    6  referred to as the district, and which shall consist of the entire  town
    7  of Sweden, the entire town of Clarkson and also including the Village of
    8  Brockport  which  lies  wholly within such two towns.  The district will
    9  operate a public library to be known as the Seymour  public  library  in
   10  the county of Monroe.
   11    S  2.  Election.  1. The district herein described shall not come into
   12  existence unless and until it is approved with  the  initial  budget  in
   13  support  thereof proposed by the board of trustees of the existing Seym-
   14  our library in the county of Monroe, and nine trustees are elected by  a
   15  vote of the majority of the qualified voters voting in an election held,
   16  not later than January 31, 2018, pursuant to the following provisions:
   17    Upon  receipt of a petition signed by not less than twenty-five voters
   18  qualified to vote at a general election in the district,  the  board  of
   19  trustees  of the existing Seymour library in the county of Monroe, shall
   20  conduct an election at which the issues shall be:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09531-05-5
       S. 5942                             2
    1    (a) whether the public library  district  herein  described  with  the
    2  initial  budget  in support thereof proposed by the board of trustees of
    3  the existing Seymour library in the county of Monroe, shall  be  created
    4  or not; and
    5    (b) the election of nine trustees as provided by this act.
    6    The board of trustees of the existing Seymour library in the county of
    7  Monroe,  shall  give notice of such election by publication of notice at
    8  least twice in one or more newspapers having a  general  circulation  in
    9  the district to be served. The first publication of such notice shall be
   10  not  less  than thirteen days and not more than twenty days prior to the
   11  date of such election. In addition, the board of trustees of the  exist-
   12  ing  Seymour library in the county of Monroe, shall cause copies of such
   13  notice to be posted conspicuously in three public places in the district
   14  at least thirteen days prior to the date of such election.  Such  notice
   15  shall  specify  the date and time when and the place where such election
   16  will be held and the issues to be decided at such election. The board of
   17  trustees of the existing Seymour library in the county of Monroe,  shall
   18  designate  a  resident qualified voter of such district to act as chair-
   19  person of any election of such district and  shall  designate  not  less
   20  than  two nor more than six resident qualified voters to act as election
   21  inspectors and ballot clerks at such election.  No trustee of the exist-
   22  ing Seymour library in the county of Monroe, shall serve as  chairperson
   23  or  as  an  election inspector or ballot clerk. The board of trustees of
   24  the existing Seymour library in the county of Monroe, may adopt a resol-
   25  ution providing that such chairperson, election  inspectors  and  ballot
   26  clerks  shall  be  paid  reasonable  compensation  for  their respective
   27  services at such election. Every voter who is a resident of the district
   28  and otherwise qualified to vote at a general election  in  the  town  of
   29  Sweden,  town  of Clarkson or village of Brockport shall be qualified to
   30  vote at said election. The board of trustees  of  the  existing  Seymour
   31  library  in  the county of Monroe, may, to the extent authorized by law,
   32  authorize the use of absentee ballots for the election. After the  polls
   33  have  closed  at  such  election, the election inspectors and the ballot
   34  clerks shall immediately canvass  publicly  the  ballots  cast  and  the
   35  chairperson  of the election shall publicly announce the result.  Within
   36  seventy-two hours thereafter, the chairperson, election  inspectors  and
   37  ballot  clerks shall execute and file a certificate of the result of the
   38  canvass with the board of trustees of the existing  Seymour  library  in
   39  the  county of Monroe, and the town and village clerks. If a majority of
   40  the voters approve the formation of the district with the initial budget
   41  in support thereof proposed by the board of  trustees  of  the  existing
   42  Seymour  library  in  the county of Monroe, then the district shall come
   43  into existence on the 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  Seymour  public
   46  library  district  in  the  county  of  Monroe  in  accordance  with the
   47  provisions of subdivision one of this section at a time to be set by the
   48  board of trustees of the district, at which election  vacancies  on  the
   49  board of trustees shall be filled and at which any proposed budget which
   50  the  board  shall  determine to submit to the voters pursuant to section
   51  four of this act shall be submitted to the voters.
   52    3. Candidates for the office of member of the board of trustees of the
   53  Seymour public library district in the county of Monroe shall  be  nomi-
   54  nated  by  petition.    No vacancy to be filled on the board of trustees
   55  shall be considered a separate, specific  office.  A  separate  petition
   56  shall be required to nominate each candidate for a vacancy on the board.
       S. 5942                             3
    1  Each  petition  shall be directed to the secretary of the board of trus-
    2  tees of the existing Seymour library in the county of Monroe,  shall  be
    3  signed  by  at least twenty-five qualified voters of the district, shall
    4  state  the  residence of each signer, and shall state the name and resi-
    5  dence of the candidate. In the event that any such nominees shall  with-
    6  draw  their  candidacy  prior  to the election, such person shall not be
    7  considered a candidate unless a new petition nominating such  person  in
    8  the  same manner and within the same time limitation applicable to other
    9  candidates is filed with the secretary of the board of trustees  of  the
   10  existing  Seymour  library in the county of Monroe.  Each petition shall
   11  be filed with the secretary of the board of  trustees  of  the  existing
   12  Seymour  library in the county of Monroe, between the hours of 9:00 a.m.
   13  and 5:00 p.m., not later than the thirtieth day before the  election  at
   14  which  the candidates nominated are to be elected. In the event that the
   15  new district is created, petitions nominating candidates for  the  board
   16  of  trustees  for all future elections shall be filed with the secretary
   17  of the Seymour public library district.
   18    S 3. Organization and structure. The Seymour public  library  district
   19  in  the county of Monroe shall be managed, operated, and controlled by a
   20  board of trustees consisting of nine members. The  trustees  shall  take
   21  office  at  the first regular meeting of the board of trustees following
   22  their election. At the first regular meeting of the board of trustees of
   23  the district, the trustees shall determine when the terms of  office  of
   24  each  member  shall  expire as follows: the trustees receiving the first
   25  and second highest number of votes shall each serve for five years,  the
   26  trustees  receiving  the  third and fourth highest number of votes shall
   27  each serve for four years, the trustees receiving the  fifth  and  sixth
   28  highest  number  of votes shall each serve for three years, the trustees
   29  receiving the seventh and eighth highest number of votes shall serve for
   30  two years and the trustee receiving the ninth highest  number  of  votes
   31  shall  serve for one year. As vacancies occur due to expiration of terms
   32  of office, trustees shall be elected by the voters of  the  district  at
   33  the  election  provided  for  by this act to serve five year terms, such
   34  terms to commence at the first regular meeting of the board of  trustees
   35  of  the  district  next  following  their  election. All other vacancies
   36  caused by resignation, removal, death, or inability to  serve  shall  be
   37  filled by appointment by the board of trustees of the district until the
   38  next election, at which time the vacancy shall be filled by election for
   39  the  remaining  portion  of  the term. At any election where one or more
   40  persons are to be elected for the unexpired portion of a term or  terms,
   41  the candidate receiving the largest number of votes shall be entitled to
   42  the  full  five  year term and the candidates receiving the next highest
   43  number of votes shall be entitled, in decreasing order of the respective
   44  numbers of votes, to the vacancy or vacancies, in  decreasing  order  of
   45  the length of the unexpired portion or portions of a term or terms. Only
   46  qualified  voters  of the district shall be eligible for election to the
   47  board of trustees. The board of trustees at its first meeting after each
   48  annual election shall elect or appoint a president, vice-president,  and
   49  a secretary, who shall be members of the board, and a treasurer and such
   50  other  officers  as they deem necessary. If the board so determines, the
   51  office of treasurer may be held by an individual who is not a member  of
   52  the board of trustees and, in that event, such officer may, if the board
   53  so determines, receive compensation as fixed by resolution of the board.
   54    S  4. Finances. 1. The initial budget to support the district shall be
   55  determined by a vote of the  voters  of  the  district  in  the  initial
   56  election  as  hereinafter provided for. All future budgets that increase
       S. 5942                             4
    1  or decrease the district's proposed tax levy as compared to the tax levy
    2  in the preceding fiscal year's budget shall be submitted  to  the  resi-
    3  dents  voting at the annual election of trustees pursuant to section two
    4  of  this  act.  Funds voted for library purposes at the initial election
    5  and at all future elections shall be considered an annual  appropriation
    6  therefor and shall be levied and collected yearly by the towns of Sweden
    7  and Clarkson for the district in the same manner and at the same time as
    8  other taxes in the towns of Sweden and Clarkson.
    9    2.  The district's fiscal year shall run from the first day of January
   10  to the thirty-first day of  December.  The  board  of  trustees  of  the
   11  district  shall  annually  file with the clerk of the towns on or before
   12  the first day of November an estimate of the proposed  budget  including
   13  costs  of library services to be raised by levy for the library district
   14  in the fiscal year beginning on the first day of  January  of  the  next
   15  year. The towns shall not make any change in the estimate of revenues or
   16  expenditures  submitted  by  the board of the district in preparation of
   17  their preliminary budgets.
   18    3.  The town board of the town of Sweden shall levy a tax against  the
   19  real  property lying within the district, except the real property lying
   20  within the town of Clarkson, and the town board of the town of  Clarkson
   21  shall  levy  a  tax against the real property lying within the district,
   22  except real property lying within the town  of  Sweden,  which  together
   23  shall  equal the amount to be raised by tax as approved by the voters of
   24  the district. Such tax shall be levied by the town  of  Sweden  and  the
   25  town  of  Clarkson in proportion to the total combined value of the real
   26  property lying within the town of  Sweden  and  the  town  of  Clarkson,
   27  including  the  parcels lying within the village of Brockport.  The town
   28  boards shall pay the full amount of the tax levy approved by the  voters
   29  over to the treasurer of the district pursuant to the schedule set forth
   30  in  this  section.  The  town boards shall each annually pay over to the
   31  treasurer of the district on or before the  thirtieth  day  after  their
   32  respective  tax  collection period ends, the full amount of the levy due
   33  from the parcels subject to their respective pay levy. If  necessary  to
   34  meet  this  schedule,  the  town boards may issue tax anticipation notes
   35  pursuant to article II of the local finance law to obtain the  necessary
   36  moneys therefor.
   37    4.  The town boards of the towns of Sweden and Clarkson shall have the
   38  power to authorize, sell, and issue bonds, notes, and other evidences of
   39  indebtedness pursuant to the local finance law in order  to  permit  the
   40  district  to  provide  facilities  or  improved  facilities  for library
   41  purposes. Upon written  request  from  the  board  of  trustees  of  the
   42  district,  after  approval by the qualified voters of such district, and
   43  to the extent the proposed capital improvements to the  library  facili-
   44  ties  are to be constructed within the respective municipality, the town
   45  boards shall authorize, sell, and issue  such  bonds,  notes,  or  other
   46  evidences  of  indebtedness  as are necessary to accomplish the improve-
   47  ments specified in the notice. The proceeds of  such  bonds,  notes,  or
   48  other  evidences  of  indebtedness shall be paid to the treasurer of the
   49  district maintained in a segregated account in accordance  with  section
   50  165.00  of  the  local finance law and expended by the treasurer only on
   51  specific authorization by the board of trustees.
   52    5. The board of trustees of the district may accept on behalf  of  the
   53  district any absolute gift, devise, or bequest of real or personal prop-
   54  erty  and  such  conditional  gifts, devises, or bequests as it shall by
   55  resolution approve.
       S. 5942                             5
    1    6. The treasurer of the district shall be custodian of  all  funds  of
    2  the district, including gifts and trust funds paid over to the trustees.
    3  The  board  of  trustees  may  authorize  the investment of funds in the
    4  custody of the treasurer in the same manner in which town funds  may  be
    5  invested. Proceeds of obligations received from the town may be invested
    6  in  accordance with section 165.00 of the local finance law. The town of
    7  Sweden and the town of Clarkson shall promptly pay over to the  district
    8  all  monies  which  belong  to or are raised for the district. No monies
    9  shall be disbursed by the treasurer of the district except  after  audit
   10  by  the  board  of trustees. The board of trustees of the district shall
   11  audit all claims and shall order the payment thereof, except  as  other-
   12  wise  provided  by  this  section.  No  such  claims shall be audited or
   13  ordered paid by the trustees unless an itemized voucher  therefor  shall
   14  be  presented  to  the  board  of  trustees for audit and allowance. The
   15  provisions of this section shall not be applicable to payment of utility
   16  costs, claims of fixed salaries, and amounts which the district  may  be
   17  required  to  pay  on  account  of  retirement contributions for past or
   18  current services to officers and employees of the district. The treasur-
   19  er shall keep such records in such manner as the board of  trustees  may
   20  require.
   21    S 5. Charter, commencement of operations, and transfer of property and
   22  employees.  The initially elected trustees of the district shall, within
   23  ninety days from the date of approval of the district by the  voters  of
   24  the  district,  apply  to the board of regents for a charter as a public
   25  library. Upon the granting of such a charter by the  board  of  regents,
   26  title  to  all liabilities and assets, including all property, both real
   27  and personal, and both tangible and  intangible,  all  trust  and  other
   28  funds,  and  all  other  obligations,  now  held by the existing Seymour
   29  library in the county of Monroe shall be transferred to, vested in,  and
   30  be  acquired  by  the  district  established  by  this  act.  The  above
   31  provisions for transfer to, vesting and acquisition of real and personal
   32  property, both tangible and intangible, and all trust and  other  funds,
   33  are  effectuated  by  operation of law pursuant to the authority of this
   34  act, except that, for purposes of  clarity  of  real  property  records,
   35  deeds  of conveyance shall be executed and filed for any parcels of real
   36  property. Upon the transfer of all such property, the  existing  Seymour
   37  library  in  the  county  of  Monroe shall be deemed dissolved. Upon the
   38  granting of such charter by the board of regents, all employees  of  the
   39  existing Seymour library shall become employees of the district upon the
   40  same  terms  and conditions of employment and at the same rate of pay as
   41  their previous employment by the existing Seymour library.
   42    S 6. Ad valorem levy. The several lots and parcels of land within  the
   43  area  of  the  district  are  hereby  determined  to be benefited by the
   44  library facilities and devices existing as of the effective date of this
   45  act, and the towns of Sweden  and  Clarkson  are  hereby  authorized  to
   46  assess,  levy,  and collect the necessary expenses of operation, mainte-
   47  nance, and repair of such  facilities  and  services  and  such  capital
   48  improvements, including debt service on bonds, notes, or other evidences
   49  of  indebtedness  of the town issued for the purpose of the district, as
   50  may be hereafter authorized pursuant to the provisions of this act  from
   51  such lots and parcels of land in the same manner and at the same time as
   52  other town charges.
   53    S  7.  Education  law.  Except  as otherwise provided by this act, the
   54  provisions of the education law relating to public  libraries  shall  be
   55  applicable to the district established by this act.
       S. 5942                             6
    1    S  8.  The district is deemed a special district which is separate and
    2  distinct from the towns and village for all purposes, including but  not
    3  limited  to  management,  appropriations, and expenditures. Any tax levy
    4  for the district shall not  be  charged  or  imputed  to  the  towns  or
    5  village,  and  shall  instead be charged or imputed to the district, for
    6  purposes of any general or special laws enacted by the legislature.
    7    S 9. Section 5 of chapter 672 of the laws of 1993, amending the public
    8  authorities law relating to the construction and financing of facilities
    9  for certain public libraries, is amended by adding a new subdivision  49
   10  to read as follows:
   11    49. SEYMOUR PUBLIC LIBRARY DISTRICT IN THE COUNTY OF MONROE
   12    S 10. This act shall take effect immediately.
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