S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1944

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. HOOPER -- read once and referred to the Committee
  on Libraries and Education Technology

AN  ACT  to amend chapter 403 of the laws of 1977, relating to the Lake-
  view public library district, in the town of Hempstead, Nassau  county
  and  repealing  section one of chapter six hundred four of the laws of
  nineteen hundred sixty-three, relating    to  authorizing  union  free
  school  district  number  twelve  to  establish  a  public library, in
  relation to the reorganization thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Chapter 403 of the laws of 1977, relating to the Lakeview
public library district, in the town of  Hempstead,  Nassau  county  and
repealing  section  one of chapter six hundred four of the laws of nine-
teen hundred sixty-three, relating  to  authorizing  union  free  school
district number twelve to establish a public library, is amended to read
as follows:
  Section  1. Notwithstanding the provisions of any general or local law
to the contrary, there is hereby established in the town  of  Hempstead,
Nassau  county,  a  public library district, to be known as the Lakeview
public library district, which shall include all  the  territory  within
Malverne union free school district, formerly known as union free school
district number twelve, town of Hempstead, Nassau county, outside of the
limits of the incorporated villages of Lynbrook, Malverne, and Rockville
Centre  and east of Pine Brook and south of the West Hempstead branch of
the Long Island railroad tracks; and such public library district  shall
hereafter  constitute  an  improvement district of the town of Hempstead
within the meaning of the town law and title two of chapter two  hundred
seventy-three  of the laws of nineteen hundred thirty-nine, constituting
the Nassau county civil divisions act, and shall be subject  to  all  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05856-01-3
              

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the  provisions thereof relating to improvement districts except such as
are inconsistent with the provisions of this act.
  S  2.  The  several  lots  and parcels of land within the area of said
public library district are hereby determined to  be  benefited  by  the
library  facilities  and  services  existing as of the effective date of
this act and the necessary expenses of operation, maintenance and repair
of such facilities and services and such capital improvements  INCLUDING
DEBT  SERVICE  ON BONDS, NOTES OR OTHER EVIDENCES OF INDEBTEDNESS OF THE
TOWN ISSUED FOR THE PURPOSE OF THE LAKEVIEW PUBLIC LIBRARY  DISTRICT  as
may be hereafter authorized pursuant to the provisions of this act shall
be  assessed, levied and collected from such lots and parcels of land in
the same manner and at the same time as other town charges.
  S 3. The board of trustees of the  public  library  of  said  Malverne
union  free  school district in office on the effective date of this act
shall constitute the board of trustees of the  Lakeview  public  library
district  herein  established.  Each such trustee shall continue to hold
office as such for the balance of his term  as  trustee  and  until  his
successor  is  elected.  Thereafter, on the first Tuesday of December in
each calendar year in which the term of any such trustee  shall  expire,
an  election  shall  be held for a trustee to succeed such trustee for a
term of five years commencing the first day of January  next  succeeding
such election.
  CANDIDATES  FOR  THE  OFFICE OF MEMBER OF THE BOARD OF TRUSTEES OF THE
LAKEVIEW PUBLIC LIBRARY DISTRICT SHALL BE NOMINATED BY PETITION. A SEPA-
RATE PETITION SHALL BE REQUIRED TO EACH CANDIDATE FOR A VACANCY  ON  THE
BOARD.  EACH PETITION SHALL BE DIRECTED TO THE SECRETARY OF THE BOARD OF
TRUSTEES, SHALL BE SIGNED BY  AT  LEAST  TEN  QUALIFIED  VOTERS  OF  THE
DISTRICT,  SHALL  STATE THE RESIDENCE OF EACH SIGNER AND SHALL STATE THE
NAME AND RESIDENCE OF THE CANDIDATE. EACH PETITION SHALL BE  FILED  WITH
THE  SECRETARY OF THE BOARD OF TRUSTEES BETWEEN THE HOURS OF 9:00 AM AND
5:00 PM NOT LATER THAN THIRTY DAYS PRECEDING THE ELECTION AT WHICH  TIME
THE CANDIDATES NOMINATED ARE TO BE ELECTED.
  The board of trustees shall give notice of an election by the publica-
tion  of a notice in one or more newspapers having a general circulation
in the district. The first publication of such notice shall be not  less
than  thirteen  days  and not more than twenty days prior to the date of
such election. In addition, the board of trustees shall cause copies  of
such  notice  to  be  posted  conspicuously in five public places in the
district at least thirteen days prior to the date of such election. Such
notice shall specify the time when and the  place  where  such  election
will  be  held,  the  officers  to be elected thereat and their terms of
office, and the hours during which  the  polls  will  be  open  for  the
receipt  of ballots. The board of trustees shall prepare the ballots for
such elections and the polls shall remain open for the  receipt  thereof
at  all elections from seven o'clock in the evening until ten o'clock in
the evening and such additional consecutive hours prior thereto  as  the
board of trustees may have determined and specified in the notice there-
of.  The  board  of trustees shall designate a resident taxpayer of such
district to act as chairman of any election of such district  and  shall
designate not less than two nor more than four resident taxpayers to act
as  election  inspectors and ballot clerks at such elections. No trustee
shall serve as such chairman or  as  an  election  inspector  or  ballot
clerk.  The board of trustees may adopt a resolution providing that such
chairman, election inspectors and ballot clerks shall be paid for  their
respective  services  at  any  such  annual  election  or at any special
election. Such resolution, if adopted, [shall fix  the  amount  of  such

A. 1944                             3

compensation  but  the  amount  shall not exceed twenty-five dollars for
each] MAY FIX REASONABLE COMPENSATION FOR THE SERVICES OF such official.
  Every  elector  of the town residing in the district for the period of
thirty days next preceding any election of trustees and otherwise quali-
fied to vote at a general town election, shall be qualified to  vote  at
district elections.
  Every  trustee  must  at  the  time of his election or appointment and
throughout the term  of  his  office  be  a  resident  elector  of  such
district.
  After  the  polls  shall have been closed at any election held for the
election of trustees, the election inspectors and  ballot  clerks  shall
immediately  canvass  publicly  the ballots cast and the chairman of the
election shall publicly announce the result.  Within  seventy-two  hours
thereafter,  the  chairman,  election inspectors and ballot clerks shall
execute and file a certificate of the result of  the  canvass  with  the
trustees and with the town clerk.
  If  the  number  of  voters is so great as to render it inexpedient or
impossible to conduct the election at one polling  place,  the  trustees
may  divide  the  district into election districts and provide a polling
place for each such  election  district,  provided,  however,  that  the
number  of  election districts shall not exceed one for each six hundred
electors plus one for a remaining  fraction  of  six  hundred.  In  such
event,  the notice of election shall describe the election districts and
state where the polling places will be located, and the  trustees  shall
designate not less than two nor more than four resident taxpayers to act
as  election  inspectors  and  ballot clerks at each such polling place.
[The board of trustees  may  adopt  a  resolution  providing  that  such
election inspectors and ballot clerks shall be paid for their respective
services  at  any  such annual or special election of the district. Such
resolution, if adopted, shall fix the amount of  such  compensation  but
the  amount shall not exceed twenty-five dollars for each such official.
No trustee shall serve as an election inspector or ballot clerk.]
  S 4. Except as otherwise provided by this act, the provisions  of  the
education  law  relating to public libraries established by the electors
of a school district and the trustees of such public libraries shall  be
applicable  to the Lakeview public library district of the town of Hemp-
stead.
  S 5. [The facilities of said Lakeview public  library  district  shall
not  be  increased  or  improved  or  reconstructed nor shall additional
facilities or lands be acquired nor shall obsolete, inadequate, damaged,
destroyed or worn out apparatus and  equipment  be  replaced  nor  shall
additional  apparatus  and  equipment  be acquired unless the town board
shall determine same to be in the public interest after a public hearing
called and held in the manner  prescribed  in  and  in  accordance  with
section  two  hundred  sixteen of the town law.  The purchases of books,
magazines,  newspapers,  writings  and  other   types   of   literature,
recordings,  visual aids, films and other materials and equipment gener-
ally used in the operation of a public library and for  which  provision
has been made in the district budget or for which surplus funds or unex-
pended  balances are available shall not be deemed to require the proce-
dure herein prescribed. The town board may, on the  written  request  of
the  trustees  of  said  district,  acquire by purchase, condemnation or
otherwise on behalf of and in the name of the district such real proper-
ty or interest therein as may be in the public  interest.]  BUDGETS  FOR
THE  LAKEVIEW  PUBLIC  LIBRARY  DISTRICT  ARE SUBJECT TO APPROVAL BY THE
VOTERS OF THE DISTRICT. AN INITIAL BUDGET VOTE  SHALL  BE  HELD  AT  THE

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ANNUAL  ELECTION  OF  TRUSTEES  IN THE YEAR TWO THOUSAND SIX. ALL FUTURE
BUDGETS THAT INCREASE OR DECREASE THE TOTAL OPERATING EXPENDITURES  OVER
OR UNDER THE LAST PRECEDING YEAR'S TOTAL OPERATING EXPENDITURES SHALL BE
SUBMITTED TO THE VOTERS AT THE ANNUAL ELECTION PURSUANT TO SECTION THREE
OF  THIS  ACT.  FUNDS  VOTED FOR LIBRARY PURPOSES SHALL BE CONSIDERED AN
ANNUAL APPROPRIATION THEREFOR AND SHALL BE LEVIED AND  COLLECTED  YEARLY
IN  THE  SAME  MANNER AND AT THE SAME TIME AS OTHER TAXES IN THE TOWN OF
HEMPSTEAD.
  S 6. Title to all library property now held by the board  of  trustees
of  the  public  library of Malverne union free school district shall be
transferred to and acquired by the board of trustees of Lakeview  public
library district on the effective date of this act.
  S  7.  The  board  of trustees of the Lakeview public library district
shall annually  file  with  the  [town  clerk]  CLERK  OF  THE  TOWN  OF
HEMPSTEAD, at the time specified in section one hundred four of the town
law,  an  estimate of the proposed expenditures and capital outlay to be
raised by taxes of the district for the year beginning with the succeed-
ing first day of January. [The town board may, however, reduce the total
specified in such estimate and shall levy taxes for  the  total  of  the
expenditures  as  approved  by said town board less any estimated reven-
ues.] THE TOWN SHALL NOT MAKE ANY CHANGE IN THE ESTIMATE OF REVENUES  OR
EXPENDITURES  SUBMITTED BY THE BOARD OF THE LIBRARY DISTRICT IN PREPARA-
TION OF ITS PRELIMINARY BUDGET.
  S 8. [The board of trustees may, after the effective date of this act,
and prior to January first, nineteen hundred  seventy-eight,  file  with
the  town  board  estimates  of the necessary expenses for operation and
maintenance of the district incurred or to  be  incurred  prior  to  the
first  levy  of  taxes  for such district. The town board may reduce the
total amount of the  estimates.  The  town  board  shall  authorize  the
presiding  supervisor of the town of Hempstead to pay over to the treas-
urer of the district the amount of the estimate  as  finally  approved.]
THE  TOWN  BOARD  OF  THE TOWN OF HEMPSTEAD SHALL LEVY A TAX AGAINST THE
REAL PROPERTY LYING WITHIN THE LAKEVIEW PUBLIC LIBRARY DISTRICT FOR  THE
AMOUNT  TO  BE  RAISED  BY  TAX AS CONTAINED IN THE ANNUAL BUDGET OF THE
LIBRARY DISTRICT. The town may issue tax anticipation notes pursuant  to
subdivision two of paragraph d of section 24.00 of the local finance law
to  obtain  the  necessary moneys therefor. The board of trustees OF THE
LAKEVIEW PUBLIC LIBRARY DISTRICT may accept on behalf  of  the  district
any gift, devise or bequest of real and personal property AS IT SHALL BY
RESOLUTION APPROVE.
  S  9.  All  taxes, assessed, levied and collected for the district and
all state aid or other aid for the district shall be paid to the  treas-
urer  of the district. The treasurer shall within five days deposit such
moneys in banks or trust companies as may be designated by the board  of
trustees,  to  be withdrawn only by the treasurer upon the authorization
of the trustees. [Such designation and deposit shall release such treas-
urer and his sureties from any liability for  loss  of  such  moneys  by
reason  of  the default or insolvency of any such depositary.] NO MONIES
SHALL BE DISBURSED BY THE TREASURER OF THE LIBRARY DISTRICT EXCEPT AFTER
AUDIT BY THE BOARD OF TRUSTEES. THE BOARD OF TRUSTEES  SHALL  AUDIT  ALL
CLAIMS AND SHALL ORDER THE PAYMENT THEREOF, EXCEPT AS OTHERWISE PROVIDED
BY THIS SECTION. NO SUCH CLAIMS SHALL BE ORDERED PAID UNLESS AN ITEMIZED
VOUCHER  THEREFOR  SHALL BE PRESENTED TO THE BOARD OF TRUSTEES FOR AUDIT
AND ALLOWANCE. THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE TO
PAYMENT OF CLAIMS OF FIXED SALARIES AND AMOUNTS WHICH THE LIBRARY MAY BE
REQUIRED TO PAY ON ACCOUNT  OF  RETIREMENT  CONTRIBUTIONS  FOR  PAST  OR

A. 1944                             5

CURRENT  SERVICES TO OFFICERS AND EMPLOYEES OF THE LIBRARY DISTRICT. THE
TREASURER SHALL KEEP SUCH RECORDS IN SUCH MANNER AS THE BOARD  OF  TRUS-
TEES MAY REQUIRE.
  S  10.  The  board  of  trustees at its first meeting each year, shall
elect or appoint a president and vice president, who shall be members of
the board, and a clerk, treasurer and such other officers as  they  deem
necessary.  The clerk and treasurer shall not be members of the board of
trustees and shall be entitled  to  receive  compensation  as  fixed  by
resolution of the board of trustees.
  S 11. [The board of trustees shall be authorized to provide bus trans-
portation  for  borrowers  who  reside  within  the  boundaries  of  the
district.
  S 12.] Section one of chapter six hundred four of the laws of nineteen
hundred sixty-three, relating to authorizing union free school  district
number twelve to establish a public library, is hereby repealed.
  S  [13.]  12.  This act shall take effect July first, nineteen hundred
seventy-seven.
  S 2. This act shall take effect immediately.