Bill Text: NY S07000 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the Grinnell Public Library District in the towns of Wappinger and Poughkeepsie, in the county of Dutchess.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-07-18 - SIGNED CHAP.239 [S07000 Detail]
Download: New_York-2011-S07000-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7000
I N S E N A T E
April 20, 2012
___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT creating the Grinnell public library district; and to amend chap-
ter 672 of the laws of 1993 amending the public authorities law relat-
ing 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 towns of Wappinger and Pough-
4 keepsie, county of Dutchess, a public library district which shall
5 consist of the entire village of Wappingers Falls, including both the
6 portion located in the town of Wappinger and the portion located in the
7 town of Poughkeepsie, hereinafter referred to as the village, and also
8 including the town of Wappinger, hereinafter referred to as the town,
9 except for those parcels in the town that are located in the Beacon City
10 School District, and shall be known as the Grinnell public library
11 district, hereinafter referred to as the district. The district will
12 operate a public library to be known as the Grinnell public library.
13 S 2. Election. 1. The district herein described shall not come into
14 existence unless and until it is approved with the initial budget in
15 support thereof proposed by the board of trustees of the existing Grin-
16 nell library, and nine trustees are elected by a vote of the majority of
17 the qualified voters voting in an election held, not later September 30,
18 2013, pursuant to the following provisions:
19 Upon receipt of a petition signed by not less than twenty-five voters
20 qualified to vote at a general election in the town, the board of trus-
21 tees of the existing Grinnell library shall conduct an election at which
22 the issues shall be:
23 (a) whether the public library district herein described with the
24 initial budget in support thereof proposed by the board of trustees of
25 the existing Grinnell library shall be created or not; and
26 (b) the election of nine trustees as provided by this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15382-01-2
S. 7000 2
1 The board of trustees of the existing Grinnell library shall give
2 notice of such election by publication of notice at least twice in one
3 or more newspapers having a general circulation in the district to be
4 served. The first publication of such notice shall be not less than
5 thirteen days and not more than twenty days prior to the date of such
6 election. In addition, the board of trustees of the existing Grinnell
7 library shall cause copies of such notice to be posted conspicuously in
8 three public places in the district at least thirteen days prior to the
9 date of such election. Such notice shall specify the date and time when
10 and the place where such election will be held and the issues to be
11 decided at such election. The board of trustees of the existing Grinnell
12 library shall designate a resident qualified voter of such district to
13 act as chairperson of any election of such district and shall designate
14 not less than two nor more than four resident qualified voters to act as
15 election inspectors and ballot clerks at such election. No trustee of
16 the existing Grinnell library shall serve as chairperson or as an
17 election inspector or ballot clerk. The board of trustees of the exist-
18 ing Grinnell library may adopt a resolution providing that such chair-
19 person, election inspectors and ballot clerks shall be paid reasonable
20 compensation for their respective services at such election. Every
21 voter who is a resident of the district and otherwise qualified to vote
22 at a general election in the town shall be qualified to vote at said
23 election. The board of trustees of the existing Grinnell library may, to
24 the extent authorized by law, authorize the use of absentee ballots for
25 the election. After the polls have closed at such election, the election
26 inspectors and the ballot clerks shall immediately canvass publicly the
27 ballots cast and the chairperson of the election shall publicly announce
28 the result. Within seventy-two hours thereafter, the chairperson,
29 election inspectors and ballot clerks shall execute and file a certif-
30 icate of the result of the canvass with the board of trustees of the
31 existing Grinnell library and the town and village clerks. If a majori-
32 ty of the voters approve the formation of the district with the initial
33 budget in support thereof proposed by the board of trustees of the
34 existing Grinnell library, then the district shall come into existence
35 on the terms and conditions set forth in this act.
36 2. In the event that the district is created, there shall be an annual
37 election conducted by the board of trustees of the Grinnell public
38 library district in accordance with the provisions of subdivision one of
39 this section at a time to be set by the board of trustees of the
40 district, at which election vacancies on the board of trustees shall be
41 filled and at which any proposed budget which the board shall determine
42 to submit to the voters pursuant to section four of this act shall be
43 submitted to the voters.
44 3. Candidates for the office of member of the board of trustees of the
45 Grinnell public library district shall be nominated by petition. No
46 vacancy to be filled on the board of trustees shall be considered a
47 separate, specific office. A separate petition shall be required to
48 nominate each candidate for a vacancy on the board. Each petition shall
49 be directed to the secretary of the board of trustees of the existing
50 Grinnell library, shall be signed by at least twenty-five qualified
51 voters of the district, shall state the residence of each signer, and
52 shall state the name and residence of the candidate. In the event that
53 any such nominees shall withdraw their candidacy prior to the election,
54 such person shall not be considered a candidate unless a new petition
55 nominating such person in the same manner and within the same time limi-
56 tation applicable to other candidates is filed with the secretary of the
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1 board of trustees of the existing Grinnell library. Each petition shall
2 be filed with the secretary of the board of trustees of the existing
3 Grinnell library, between the hours of 9:00 a.m. and 5:00 p.m., not
4 later than the thirtieth day before the election at which the candidates
5 nominated are to be elected. In the event that the new district is
6 created, petitions nominating candidates for the board of trustees for
7 all future elections shall be filed with the secretary of the Grinnell
8 public library district.
9 S 3. Organization and structure. The Grinnell public library district
10 shall be managed, operated, and controlled by a board of trustees
11 consisting of nine members. The trustees shall take office at the first
12 regular meeting of the board of trustees following their election. At
13 the first regular meeting of the board of trustees of the district, the
14 trustees shall determine when the terms of office of each member shall
15 expire as follows: the trustees receiving the first, second, and third
16 highest number of votes shall each serve for three years, the trustees
17 receiving the fourth, fifth, and sixth highest number of votes shall
18 each serve for two years, and the trustees receiving the seventh,
19 eighth, and ninth highest number of votes shall each serve for one year.
20 As vacancies occur due to expiration of terms of office, trustees shall
21 be elected by the voters of the district at the election provided for by
22 this act to serve three year terms, such terms to commence at the first
23 regular meeting of the board of trustees of the district next following
24 their election. All other vacancies caused by resignation, removal,
25 death, or inability to serve shall be filled by appointment by the board
26 of trustees of the district until the next election, at which time the
27 vacancy shall be filled by election for the remaining portion of the
28 term. At any election where one or more persons are to be elected for
29 the unexpired portion of a term or terms, the candidate receiving the
30 largest number of votes shall be entitled to the full three year term
31 and the candidates receiving the next highest number of votes shall be
32 entitled, in decreasing order of the respective numbers of votes, to the
33 vacancy or vacancies, in decreasing order of the length of the unexpired
34 portion or portions of a term or terms. Only qualified voters of the
35 district shall be eligible for election to the board of trustees. The
36 board of trustees at its first meeting after each annual election shall
37 elect or appoint a president and vice-president, who shall be members of
38 the board, and a secretary, treasurer, and such other officers as they
39 deem necessary. If the board so determines, the offices of secretary and
40 treasurer may be held by individuals who are not members of the board of
41 trustees and, in that event, such officers may, if the board so deter-
42 mines, receive compensation as fixed by resolution of the board.
43 S 4. Finances. 1. The initial budget to support the district shall be
44 determined by a vote of the voters of the district in the initial
45 election as hereinafter provided for. All future budgets that increase
46 or decrease to the district's proposed tax levy as compared to the tax
47 levy in the preceding fiscal year's budget shall be submitted to the
48 residents voting at the annual election of trustees pursuant to section
49 two of this act. Funds voted for library purposes at the initial
50 election and at all future elections shall be considered an annual
51 appropriation therefor and shall be levied and collected yearly by the
52 town for the district in the same manner and at the same time as other
53 taxes in the town.
54 2. The board of trustees of the district shall annually file with the
55 clerks of the town and village on or before the first day of November an
56 estimate of the proposed budget including costs of library services to
S. 7000 4
1 be raised by levy for the library district in the fiscal year beginning
2 on the first day of January of the next year. The town shall not make
3 any change in the estimate of revenues or expenditures submitted by the
4 board of the district in preparation of its preliminary budget.
5 3. The town board of the town shall levy a tax against all of the real
6 property lying within the Grinnell public library district except the
7 real property lying within the village, and the village board of the
8 village shall levy a tax against the remainder of the real property
9 lying within the Grinnell public library district, which together shall
10 equal the amount to be raised by tax as approved by the voters of the
11 Grinnell public library district. Such tax shall be levied by the town
12 and village in proportion to the total combined full value of the real
13 property lying within the town, excluding the parcels lying within the
14 village and excluding the parcels lying within the Beacon City School
15 District, and of the real property lying within the village. The town
16 board and village board shall pay the full amount of the tax levy
17 approved by the voters over to the treasurer of the Grinnell public
18 library district pursuant to the schedule set forth in this section. The
19 town board and village board shall each annually pay over to the treas-
20 urer of the Grinnell public library district on or before the thirtieth
21 day after their respective tax collection period ends, the full amount
22 of the levy due from the parcels subject to their respective levy. If
23 necessary to meet this schedule, the town board and village board may
24 each issue tax anticipation notes pursuant to article II of the local
25 finance law to obtain the necessary moneys therefor.
26 4. The town board of the town shall have the power to authorize, sell,
27 and issue bonds, notes, and other evidences of indebtedness pursuant to
28 the local finance law in order to permit the district to provide facili-
29 ties or improved facilities for library purposes. Upon written request
30 from the board of trustees of the Grinnell public library district,
31 after approval by the qualified voters of such district, the town board
32 shall authorize, sell, and issue such bonds, notes, or other evidences
33 of indebtedness as are necessary to accomplish the improvements speci-
34 fied in the notice. The proceeds of such bonds, notes, or other
35 evidences of indebtedness shall be paid to the treasurer of the Grinnell
36 public library district and maintained in a segregated account in
37 accordance with section 165.00 of the local finance law and expended by
38 the treasurer only on specific authorization by the board of trustees.
39 5. The board of trustees of the Grinnell public library district may
40 accept on behalf of the district any absolute gift, devise, or bequest
41 of real or personal property and such conditional gifts, devises, or
42 bequests as it shall by resolution approve.
43 6. The treasurer of the Grinnell public library district shall be
44 custodian of all funds of the district, including gifts and trust funds
45 paid over to the trustees. The board of trustees may authorize the
46 investment of funds in the custody of the treasurer in the same manner
47 in which town funds may be invested. Proceeds of obligations received
48 from the town may be invested in accordance with section 165.00 of the
49 local finance law. The town and the village shall promptly pay over to
50 the district all monies which belong to or are raised for the district.
51 No monies shall be disbursed by the treasurer of the district except
52 after audit by the board of trustees. The board of trustees of the Grin-
53 nell public library district shall audit all claims and shall order the
54 payment thereof, except as otherwise provided by this section. No such
55 claims shall be audited or ordered paid by the trustees unless an item-
56 ized voucher therefor shall be presented to the board of trustees for
S. 7000 5
1 audit and allowance. The provisions of this section shall not be appli-
2 cable to payment of utility costs, claims of fixed salaries, and amounts
3 which the district may be required to pay on account of retirement
4 contributions for past or current services to officers and employees of
5 the district. The treasurer shall keep such records in such manner as
6 the board of trustees may require.
7 S 5. Charter, commencement of operations, and transfer of property and
8 employees. The initially elected trustees of the Grinnell public library
9 district shall, within ninety days from the date of approval of the
10 district by the voters of the district, apply to the board of regents
11 for a charter as a public library. Upon the granting of such a charter
12 by the board of regents, title to all liabilities and assets, including
13 all property, both real and personal, and both tangible and intangible,
14 all trust and other funds, and all other obligations, now held by the
15 existing Grinnell library shall be transferred to, vested in, and be
16 acquired by the district established by this act. The above provisions
17 for transfer to, vesting and acquisition of real and personal property,
18 both tangible and intangible, and all trust and other funds, are effec-
19 tuated by operation of law pursuant to the authority of this act, except
20 that, for purposes of clarity of real property records, deeds of convey-
21 ance shall be executed and filed for any parcels of real property. Upon
22 the transfer of all such property, the existing Grinnell library shall
23 be deemed dissolved. Upon the granting of such charter by the board of
24 regents, all employees of the existing Grinnell library shall become
25 employees of the district upon the same terms and conditions of employ-
26 ment and at the same rate of pay as their previous employment by the
27 existing Grinnell library.
28 S 6. Ad valorem levy. The several lots and parcels of land within the
29 area of the district are hereby determined to be benefited by the
30 library facilities and devices existing as of the effective date of this
31 act, and the town and the village are hereby authorized to assess, levy,
32 and collect the necessary expenses of operation, maintenance, and repair
33 of such facilities and services and such capital improvements, including
34 debt service on bonds, notes, or other evidences of indebtedness of the
35 town and village issued for the purpose of the Grinnell public library
36 district, as may be hereafter authorized pursuant to the provisions of
37 this act from such lots and parcels of land in the same manner and at
38 the same time as other town charges.
39 S 7. Education law. Except as otherwise provided by this act, the
40 provisions of the education law relating to public libraries shall be
41 applicable to the district established by this act.
42 S 8. The Grinnell public library district is deemed a special district
43 which is separate and distinct from the town for all purposes, including
44 but not limited to management, appropriations, and expenditures. Any tax
45 levy for the district shall not be charged or imputed to the town, and
46 shall instead be charged or imputed to the district, for purposes of any
47 general or special laws enacted by the legislature.
48 S 9. Section 5 of chapter 672 of the laws of 1993, amending the public
49 authorities law relating to the construction and financing of facilities
50 for certain public libraries, as separately amended by chapter 533 of
51 the laws of 2011 and chapter 23 of the laws of 2012, is amended to read
52 as follows:
53 S 5. The following libraries shall be eligible public libraries for
54 purposes of title 4 of article 8 of the public authorities law:
55 1. Comsewogue Public Library
56 2. Rogers Memorial Library Company
S. 7000 6
1 3. Hendrick Hudson Free Library
2 4. Riverhead Free Library
3 5. Northern Onondaga Public Library District
4 6. Suffern Free Library
5 7. Haverstraw King's Daughters Public Library
6 8. Crandall Public Library
7 9. Sayville Library
8 10. Monroe Free Library
9 11. Harborfields Public Library
10 12. Howland Public Library
11 13. Patchogue-Medford Library
12 14. New City Library
13 15. Babylon Public Library
14 16. Lindenhurst Memorial Library
15 17. Great Neck Library
16 18. Caledonia Public Library
17 19. Bayport-Blue Point Public Library
18 20. The Bryant Library
19 21. Swan Library
20 22. Bay Shore-Brightwaters Public Library
21 23. The Albany Public Library
22 24. Elwood Public Library
23 25. Peninsula Public Library
24 26. Smithtown Special Library District
25 27. Goshen Public Library and Historical Society
26 28. The Hauppauge Public Library
27 29. The Nyack Library
28 30. North Merrick Public Library
29 31. Southold Free Library
30 32. The Hampton Library in Bridgehampton, Inc.
31 33. John Jermain Memorial Library
32 34. Westhampton Free Library
33 35. The Plainview-Old Bethpage Public Library
34 36. Commack Public Library
35 37. Troy Public Library
36 38. Brunswick Community Library District
37 39. D.R. Evarts Library District
38 40. Norwood Public Library
39 41. Stephentown Memorial Library District
40 42. GRINNELL PUBLIC LIBRARY DISTRICT
41 S 10. This act shall take effect immediately; provided that:
42 (a) subdivision 41 of section 5 of chapter 672 of the laws of 1993, as
43 designated by section nine of this act shall take effect in accordance
44 with the provisions of section 9 of chapter 23 of the laws of 2012; and
45 (b) subdivision 42 of section 5 of chapter 672 of the laws of 1993, as
46 added by section nine of this act shall take effect on the same date as
47 the Grinnell public library district shall come into existence pursuant
48 to this act; provided that the trustees of the Grinnell public library
49 district shall notify the legislative bill drafting commission upon the
50 creation of such district pursuant to this act in order that the commis-
51 sion may maintain an accurate and timely effective data base of the
52 official text of the laws of the state of New York in furtherance of
53 effectuating the provisions of section 44 of the legislative law and
54 section 70-b of the public officers law.
