S T A T E O F N E W Y O R K ________________________________________________________________________ 9929--A I N A S S E M B L Y April 24, 2012 ___________ Introduced by M. of A. J. MILLER -- read once and referred to the Committee on Libraries and Education Technology -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 than Septem- 18 ber 30, 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15382-03-2 A. 9929--A 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 Grinnell library shall be created or not; and 4 (b) the election of nine trustees as provided by this act. 5 The board of trustees of the existing Grinnell library shall give 6 notice of such election by publication of notice at least twice in one 7 or more newspapers having a general circulation in the district to be 8 served. The first publication of such notice shall be not less than 9 thirteen days and not more than twenty days prior to the date of such 10 election. In addition, the board of trustees of the existing Grinnell 11 library shall cause copies of such notice to be posted conspicuously in 12 three public places in the district at least thirteen days prior to the 13 date of such election. Such notice shall specify the date and time when 14 and the place where such election will be held and the issues to be 15 decided at such election. The board of trustees of the existing Grinnell 16 library shall designate a resident qualified voter of such district to 17 act as chairperson of any election of such district and shall designate 18 not less than two nor more than four resident qualified voters to act as 19 election inspectors and ballot clerks at such election. No trustee of 20 the existing Grinnell library shall serve as chairperson or as an 21 election inspector or ballot clerk. The board of trustees of the exist- 22 ing Grinnell library may adopt a resolution providing that such chair- 23 person, election inspectors and ballot clerks shall be paid reasonable 24 compensation for their respective services at such election. Every 25 voter who is a resident of the district and otherwise qualified to vote 26 at a general election in the town or village shall be qualified to vote 27 at said election. The board of trustees of the existing Grinnell library 28 may, to the extent authorized by law, authorize the use of absentee 29 ballots for the election. After the polls have closed at such election, 30 the election inspectors and the ballot clerks shall immediately canvass 31 publicly the ballots cast and the chairperson of the election shall 32 publicly announce the result. Within seventy-two hours thereafter, the 33 chairperson, election inspectors and ballot clerks shall execute and 34 file a certificate of the result of the canvass with the board of trus- 35 tees of the existing Grinnell library and the town and village clerks. 36 If a majority of the voters approve the formation of the district with 37 the initial budget in support thereof proposed by the board of trustees 38 of the existing Grinnell library, then the district shall come into 39 existence on the terms and conditions set forth in this act. 40 2. In the event that the district is created, there shall be an annual 41 election conducted by the board of trustees of the Grinnell public 42 library district in accordance with the provisions of subdivision one of 43 this section at a time to be set by the board of trustees of the 44 district, at which election vacancies on the board of trustees shall be 45 filled and at which any proposed budget which the board shall determine 46 to submit to the voters pursuant to section four of this act shall be 47 submitted to the voters. 48 3. Candidates for the office of member of the board of trustees of the 49 Grinnell public library district shall be nominated by petition. No 50 vacancy to be filled on the board of trustees shall be considered a 51 separate, specific office. A separate petition shall be required to 52 nominate each candidate for a vacancy on the board. Each petition shall 53 be directed to the secretary of the board of trustees of the existing 54 Grinnell library, shall be signed by at least twenty-five qualified 55 voters of the district, shall state the residence of each signer, and 56 shall state the name and residence of the candidate. In the event that A. 9929--A 3 1 any such nominees shall withdraw their candidacy prior to the election, 2 such person shall not be considered a candidate unless a new petition 3 nominating such person in the same manner and within the same time limi- 4 tation applicable to other candidates is filed with the secretary of the 5 board of trustees of the existing Grinnell library. Each petition shall 6 be filed with the secretary of the board of trustees of the existing 7 Grinnell library, between the hours of 9:00 a.m. and 5:00 p.m., not 8 later than the thirtieth day before the election at which the candidates 9 nominated are to be elected. In the event that the new district is 10 created, petitions nominating candidates for the board of trustees for 11 all future elections shall be filed with the secretary of the Grinnell 12 public library district. 13 S 3. Organization and structure. The Grinnell public library district 14 shall be managed, operated, and controlled by a board of trustees 15 consisting of nine members. The trustees shall take office at the first 16 regular meeting of the board of trustees following their election. At 17 the first regular meeting of the board of trustees of the district, the 18 trustees shall determine when the terms of office of each member shall 19 expire as follows: the trustees receiving the first, second, and third 20 highest number of votes shall each serve for three years, the trustees 21 receiving the fourth, fifth, and sixth highest number of votes shall 22 each serve for two years, and the trustees receiving the seventh, 23 eighth, and ninth highest number of votes shall each serve for one year. 24 As vacancies occur due to expiration of terms of office, trustees shall 25 be elected by the voters of the district at the election provided for by 26 this act to serve three year terms, such terms to commence at the first 27 regular meeting of the board of trustees of the district next following 28 their election. All other vacancies caused by resignation, removal, 29 death, or inability to serve shall be filled by appointment by the board 30 of trustees of the district until the next election, at which time the 31 vacancy shall be filled by election for the remaining portion of the 32 term. At any election where one or more persons are to be elected for 33 the unexpired portion of a term or terms, the candidate receiving the 34 largest number of votes shall be entitled to the full three year term 35 and the candidates receiving the next highest number of votes shall be 36 entitled, in decreasing order of the respective numbers of votes, to the 37 vacancy or vacancies, in decreasing order of the length of the unexpired 38 portion or portions of a term or terms. Only qualified voters of the 39 district shall be eligible for election to the board of trustees. The 40 board of trustees at its first meeting after each annual election shall 41 elect or appoint a president and vice-president, who shall be members of 42 the board, and a secretary, treasurer, and such other officers as they 43 deem necessary. If the board so determines, the offices of secretary and 44 treasurer may be held by individuals who are not members of the board of 45 trustees and, in that event, such officers may, if the board so deter- 46 mines, receive compensation as fixed by resolution of the board. 47 S 4. Finances. 1. The initial budget to support the district shall be 48 determined by a vote of the voters of the district in the initial 49 election as hereinafter provided for. All future budgets that increase 50 or decrease to the district's proposed tax levy as compared to the tax 51 levy in the preceding fiscal year's budget shall be submitted to the 52 residents voting at the annual election of trustees pursuant to section 53 two of this act. Funds voted for library purposes at the initial 54 election and at all future elections shall be considered an annual 55 appropriation therefor and shall be levied and collected yearly by the A. 9929--A 4 1 town and the village for the district in the same manner and at the same 2 time as other taxes in the town and the village. 3 2. The board of trustees of the district shall annually file with the 4 clerks of the town and the village on or before the first day of Novem- 5 ber an estimate of the proposed budget including costs of library 6 services to be raised by levy for the library district in the fiscal 7 year beginning on the first day of January of the next year. The town or 8 the village shall not make any change in the estimate of revenues or 9 expenditures submitted by the board of the district in preparation of 10 its preliminary budget. 11 3. The town board of the town shall levy a tax against all of the real 12 property lying within the Grinnell public library district except the 13 real property lying within the village, and the village board of the 14 village shall levy a tax against the remainder of the real property 15 lying within the Grinnell public library district, which together shall 16 equal the amount to be raised by tax as approved by the voters of the 17 Grinnell public library district. Such tax shall be levied by the town 18 and village in proportion to the total combined full value of the real 19 property lying within the town, excluding the parcels lying within the 20 village and excluding the parcels lying within the Beacon City School 21 District, and of the real property lying within the village. The town 22 board and village board shall pay the full amount of the tax levy 23 approved by the voters over to the treasurer of the Grinnell public 24 library district pursuant to the schedule set forth in this section. The 25 town board and village board shall each annually pay over to the treas- 26 urer of the Grinnell public library district on or before the thirtieth 27 day after their respective tax collection period ends, the full amount 28 of the levy due from the parcels subject to their respective levy. If 29 necessary to meet this schedule, the town board and village board may 30 each issue tax anticipation notes pursuant to article II of the local 31 finance law to obtain the necessary moneys therefor. 32 4. The town board of the town shall have the power to authorize, sell, 33 and issue bonds, notes, and other evidences of indebtedness pursuant to 34 the local finance law in order to permit the district to provide facili- 35 ties or improved facilities for library purposes. Upon written request 36 from the board of trustees of the Grinnell public library district, 37 after approval by the qualified voters of such district, the town board 38 shall authorize, sell, and issue such bonds, notes, or other evidences 39 of indebtedness as are necessary to accomplish the improvements speci- 40 fied in the notice. The proceeds of such bonds, notes, or other 41 evidences of indebtedness shall be paid to the treasurer of the Grinnell 42 public library district and maintained in a segregated account in 43 accordance with section 165.00 of the local finance law and expended by 44 the treasurer only on specific authorization by the board of trustees. 45 5. The board of trustees of the Grinnell public library district may 46 accept on behalf of the district any absolute gift, devise, or bequest 47 of real or personal property and such conditional gifts, devises, or 48 bequests as it shall by resolution approve. 49 6. The treasurer of the Grinnell public library district shall be 50 custodian of all funds of the district, including gifts and trust funds 51 paid over to the trustees. The board of trustees may authorize the 52 investment of funds in the custody of the treasurer in the same manner 53 in which town funds may be invested. Proceeds of obligations received 54 from the town may be invested in accordance with section 165.00 of the 55 local finance law. The town and the village shall promptly pay over to 56 the district all monies which belong to or are raised for the district. A. 9929--A 5 1 No monies shall be disbursed by the treasurer of the district except 2 after audit by the board of trustees. The board of trustees of the Grin- 3 nell public library district shall audit all claims and shall order the 4 payment thereof, except as otherwise provided by this section. No such 5 claims shall be audited or ordered paid by the trustees unless an item- 6 ized voucher therefor shall be presented to the board of trustees for 7 audit and allowance. The provisions of this section shall not be appli- 8 cable to payment of utility costs, claims of fixed salaries, and amounts 9 which the district may be required to pay on account of retirement 10 contributions for past or current services to officers and employees of 11 the district. The treasurer shall keep such records in such manner as 12 the board of trustees may require. 13 S 5. Charter, commencement of operations, and transfer of property and 14 employees. The initially elected trustees of the Grinnell public library 15 district shall, within ninety days from the date of approval of the 16 district by the voters of the district, apply to the board of regents 17 for a charter as a public library. Upon the granting of such a charter 18 by the board of regents, title to all liabilities and assets, including 19 all property, both real and personal, and both tangible and intangible, 20 all trust and other funds, and all other obligations, now held by the 21 existing Grinnell library shall be transferred to, vested in, and 22 acquired by the district established by this act. The above provisions 23 for transfer to, vesting and acquisition of real and personal property, 24 both tangible and intangible, and all trust and other funds, are effec- 25 tuated by operation of law pursuant to the authority of this act, except 26 that, for purposes of clarity of real property records, deeds of convey- 27 ance shall be executed and filed for any parcels of real property. Upon 28 the transfer of all such property, the existing Grinnell library shall 29 be deemed dissolved. Upon the granting of such charter by the board of 30 regents, all employees of the existing Grinnell library shall become 31 employees of the district upon the same terms and conditions of employ- 32 ment and at the same rate of pay as their previous employment by the 33 existing Grinnell library. 34 S 6. Ad valorem levy. The several lots and parcels of land within the 35 area of the district are hereby determined to be benefited by the 36 library facilities and devices existing as of the effective date of this 37 act, and the town and the village are hereby authorized to assess, levy, 38 and collect the necessary expenses of operation, maintenance, and repair 39 of such facilities and services and such capital improvements, including 40 debt service on bonds, notes, or other evidences of indebtedness of the 41 town issued for the purpose of the Grinnell public library district, as 42 may be hereafter authorized pursuant to the provisions of this act from 43 such lots and parcels of land in the same manner and at the same time as 44 other town or village charges. 45 S 7. Education law. Except as otherwise provided by this act, the 46 provisions of the education law relating to public libraries shall be 47 applicable to the district established by this act. 48 S 8. The Grinnell public library district is deemed a special district 49 which is separate and distinct from the town and the village for all 50 purposes, including but not limited to management, appropriations, and 51 expenditures. Any tax levy for the district shall not be charged or 52 imputed to the town or the village, and shall instead be charged or 53 imputed to the district, for purposes of any general or special laws 54 enacted by the legislature. 55 S 9. Section 5 of chapter 672 of the laws of 1993, amending the public 56 authorities law relating to the construction and financing of facilities A. 9929--A 6 1 for certain public libraries, as separately amended by chapter 533 of 2 the laws of 2011 and chapter 23 of the laws of 2012, the forty-second 3 undesignated paragraph as added by a chapter of the laws of 2012 amend- 4 ing chapter 672 of the laws of 1993, amending the public authorities law 5 relating to the construction and financing of facilities for certain 6 public libraries, relating to including the Guilderland public library 7 within the provisions of such chapter, as proposed in legislative bill 8 numbers S.6450-A and A.9236-A; and the forty-third undesignated para- 9 graph as added by a chapter of the laws of 2012 amending chapter 672 of 10 the laws of 1993, amending the public authorities law relating to the 11 construction and financing of facilities for certain public libraries, 12 relating to including the Ethelbert B. Crawford public library district 13 within the provisions of such chapter, as proposed in legislative bills 14 numbers S.6287 and A.9159, is amended to read as follows: 15 S 5. The following libraries shall be eligible public libraries for 16 purposes of title 4 of article 8 of the public authorities law: 17 1. Comsewogue Public Library 18 2. Rogers Memorial Library Company 19 3. Hendrick Hudson Free Library 20 4. Riverhead Free Library 21 5. Northern Onondaga Public Library District 22 6. Suffern Free Library 23 7. Haverstraw King's Daughters Public Library 24 8. Crandall Public Library 25 9. Sayville Library 26 10. Monroe Free Library 27 11. Harborfields Public Library 28 12. Howland Public Library 29 13. Patchogue-Medford Library 30 14. New City Library 31 15. Babylon Public Library 32 16. Lindenhurst Memorial Library 33 17. Great Neck Library 34 18. Caledonia Public Library 35 19. Bayport-Blue Point Public Library 36 20. The Bryant Library 37 21. Swan Library 38 22. Bay Shore-Brightwaters Public Library 39 23. The Albany Public Library 40 24. Elwood Public Library 41 25. Peninsula Public Library 42 26. Smithtown Special Library District 43 27. Goshen Public Library and Historical Society 44 28. The Hauppauge Public Library 45 29. The Nyack Library 46 30. North Merrick Public Library 47 31. Southold Free Library 48 32. The Hampton Library in Bridgehampton, Inc. 49 33. John Jermain Memorial Library 50 34. Westhampton Free Library 51 35. The Plainview-Old Bethpage Public Library 52 36. Commack Public Library 53 37. Troy Public Library 54 38. Brunswick Community Library District 55 39. D.R. Evarts Library District 56 40. Norwood Public Library A. 9929--A 7 1 41. Stephentown Memorial Library District 2 42. Guilderland Public Library 3 43. Ethelbert B. Crawford Public Library District 4 44. GRINNELL PUBLIC LIBRARY DISTRICT 5 S 10. This act shall take effect immediately; provided that: 6 (a) subdivision 41 of section 5 of chapter 672 of the laws of 1993, as 7 designated by section nine of this act shall take effect in accordance 8 with the provisions of section 9 of chapter 23 of the laws of 2012; 9 (b) subdivision 42 of section 5 of chapter 672 of the laws of 1993, as 10 designated by section nine of this act shall take effect on the same 11 date and in the same manner as a chapter of the laws of 2012 amending 12 chapter 672 of the laws of 1993, amending the public authorities law 13 relating to the construction and financing of facilities for certain 14 public libraries, relating to including the Guilderland Public Library 15 within the provisions of such chapter, as proposed in legislative bill 16 numbers S.6450-A and A.9236-A, takes effect; 17 (c) subdivision 43 of section 5 of chapter 672 of the laws of 1993, as 18 designated by section nine of this act shall take effect on the same 19 date and in the same manner as a chapter of the laws of 2012 amending 20 chapter 672 of the laws of 1993, amending the public authorities law 21 relating to the construction and financing of facilities for certain 22 public libraries, relating to including the Ethelbert B. Crawford Public 23 Library District within the provisions of such chapter, as proposed in 24 legislative bills numbers S.6287 and A.9159, takes effect; and 25 (d) subdivision 44 of section 5 of chapter 672 of the laws of 1993, as 26 added by section nine of this act shall take effect on the same date as 27 the Grinnell public library district shall come into existence pursuant 28 to this act; provided that the trustees of the Grinnell public library 29 district shall notify the legislative bill drafting commission upon the 30 creation of such district pursuant to this act in order that the commis- 31 sion may maintain an accurate and timely effective data base of the 32 official text of the laws of the state of New York in furtherance of 33 effectuating the provisions of section 44 of the legislative law and 34 section 70-b of the public officers law.