Bill Text: NY S07785 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to the election of trustees and the adoption of an annual budget of the Poughkeepsie public library.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-08-19 - SIGNED CHAP.277 [S07785 Detail]
Download: New_York-2015-S07785-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7785--A Cal. No. 1308 IN SENATE May 12, 2016 ___________ Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading AN ACT to amend chapter 524 of the laws of 1987, relating to establish- ing the Greater Poughkeepsie library district, in the city and town of Poughkeepsie, Dutchess county, in relation to the election of trustees and the annual budget of such library The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6 of chapter 524 of the laws of 1987, relating to 2 establishing the Greater Poughkeepsie library district, in the city and 3 town of Poughkeepsie, Dutchess county, as amended by chapter 361 of the 4 laws of 1997, is amended to read as follows: 5 § 6. (a) The district shall be governed by a board of trustees 6 consisting of eleven trustees. [The trustees of the Greater Poughkeep-7sie library district as of the effective date of the chapter of the laws8of 1997 which added this provision shall become trustees, immediately,9of the Poughkeepsie public library district.] Seven of the trustees 10 shall be elected at an election to be held within the town and four of 11 the trustees shall be elected at an election to be held within the 12 portion of the district located in the city. The trustees elected [at13the election in] by the voters of the town must be qualified voters and 14 residents of the town and the trustees elected [in] by the voters of the 15 city must be qualified voters and residents of the city. Nominating 16 petitions shall be circulated and filed at the same time as independent 17 petitions, as determined annually by the New York State Board of 18 Elections. A separate petition shall be required to nominate each candi- 19 date for a vacancy on the board. Each petition shall be signed by at 20 least twenty-five qualified voters of the city or town in which the 21 vacancy occurs. Petitions shall state the residence of each signer, and 22 shall state the name and residence of the candidate. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15117-04-6S. 7785--A 2 1 [The trustees] (b) A trustee shall serve for a term of five years and 2 until his or her successor is elected and qualified. [Two-thirds of the3trustees shall constitute a quorum. Action of the trustees shall require4a two-thirds vote of the entire board. Vacancies shall be filled by5appointment by the trustees, provided, however, that an election shall6be held at the first available general election day after the happening7of a vacancy.] Vacancies caused by resignation, removal, death, or 8 inability to serve shall be filled by appointment by the board of trus- 9 tees of the district until the next general election, at which time the 10 vacancy shall be filled by election for the remaining portion of the 11 term. Election of trustees shall take place on the same day and ballot 12 as the general election as administered by the board of elections with 13 the results of said election being certified by the board of elections. 14 The person or persons appointed by the trustees shall serve until a 15 successor is elected and qualified as provided herein. Vacancies for 16 trustees elected within the city shall be filled by city residents and 17 vacancies for trustees elected within the town shall be filled by town 18 residents. 19 (c) Two-thirds of the trustees shall constitute a quorum. Action of 20 the trustees shall require a two-thirds vote of the entire board. 21 (d) The board of trustees of the Poughkeepsie public library district 22 shall give notice of elections by publication of notice at least twice 23 in one or more newspapers having a general circulation in the district 24 to be served. The first publication of such notice shall be not less 25 than thirteen days and not more than twenty days prior to the date of 26 such election. In addition, the board of trustees of the district shall 27 cause copies of such notice to be posted conspicuously in three public 28 places in the district at least thirteen days prior to the date of such 29 election. Such notice shall specify the date and time when and the place 30 where such general election will be held. Every voter who is a resident 31 of the district and otherwise qualified to vote at a general election in 32 the town or city shall be qualified to vote at said election. The board 33 of trustees may, to the extent authorized by law and in conjunction with 34 the board of elections, authorize the use of absentee ballots for the 35 election. After the polls have closed at such election, the board of 36 elections shall certify the results of said election in accordance with 37 applicable law. 38 (e) Candidates for the office of member of the board of trustees of 39 the Poughkeepsie public library district shall be nominated by petition. 40 No vacancy to be filled on the board of trustees shall be considered a 41 separate, specific office. A separate petition shall be required to 42 nominate each candidate for a vacancy on the board. Each petition shall 43 be directed to the secretary of the board of trustees of the library, 44 shall be signed by at least twenty-five qualified voters of the 45 district, shall state the residence of each signer, and shall state the 46 name and residence of the candidate. In the event that any such nominees 47 shall withdraw their candidacy prior to the election, such person shall 48 not be considered a candidate unless a new petition nominating such 49 person in the same manner and within the same time limitation applicable 50 to other candidates is filed with the secretary of the board of trustees 51 of the library. Each petition shall be filed with the secretary of the 52 board of trustees of the library, between the hours of 9:00 a.m. and 53 5:00 p.m., not later than the sixtieth day before the election at which 54 the candidates nominated are to be elected. 55 § 2. Subdivision (b) of section 3 of chapter 524 of the laws of 1987, 56 relating to establishing the Greater Poughkeepsie library district, inS. 7785--A 3 1 the city and town of Poughkeepsie, Dutchess county, as amended by chap- 2 ter 361 of the laws of 1997, is amended to read as follows: 3 (b) Commencing in 1997 for the budget to be prepared for fiscal year 4 1998 the proposed annual budget, and propositions of supplemental appro- 5 priations, if any, and a proposition for capital expenditure, if any, 6 for the district as established by the trustees shall be placed before 7 the voters in the general election on the same day and ballot as the 8 general election as administered by the board of elections with the 9 results of said election being certified by the board of elections in 10 the year preceding the year for which the proposed budget has been 11 established. Each proposition for supplemental appropriation shall iden- 12 tify a singular purpose and specific dollar appropriation and shall be 13 worded in such a manner as to require an affirmative vote for passage. 14 All budget propositions, including the annual budget propositions for 15 supplemental appropriations, and propositions for capital expenditures 16 will require approval by a majority of voters in the city and, also, a 17 majority of voters in the town, hereinafter referred to as the majority. 18 Upon approval of such proposed operating budget, and of the proposition 19 for supplemental appropriations, and of the proposition authorizing 20 indebtedness for capital construction by the majority, the proposed 21 budget including the supplemental appropriations and capital revenues 22 and expenditures shall become the budget of the district for the follow- 23 ing fiscal year. In the event that the proposition for indebtedness is 24 approved by the majority, the city and the town shall incur such indebt- 25 edness on behalf of the district, and such indebtedness shall be appor- 26 tioned between the city and the town pursuant to the formula set forth 27 in this section. In the event that the proposed budget is not approved 28 by the majority, the proposed budget shall be deemed amended so that the 29 portion of the proposed budget providing for real property tax revenue 30 to be received from the city and town be changed to equal the real prop- 31 erty tax revenue provided for in the district budget in effect as of the 32 time of the vote as amended by the supplemental appropriations if 33 approved. In the event that a proposition for supplemental appropri- 34 ations or for capital purposes is not approved by the majority, no 35 appropriation shall be included for such unapproved proposition. In the 36 event that the voters do not approve the proposed budget as aforesaid, 37 and upon the proposed budget being deemed amended as aforesaid, the real 38 property taxes to be levied by the city and the town for the district 39 shall be levied in an amount required to provide the city and town 40 contribution as herein set forth rather than the city and town contrib- 41 ution as set forth in the proposed budget. After the annual budgets for 42 the city and the town have been adopted by the city and the town , the 43 city and town shall assess and levy upon the taxable real property with- 44 in the district the amounts to be raised by tax for the purposes of the 45 district as specified in the district's annual budget and shall cause 46 the amount so assessed and levied to be collected, in the same manner 47 and at the same time and by the same officers as city taxes and town 48 taxes are assessed, levied and collected. 49 § 3. This act shall take effect immediately.