S T A T E   O F   N E W   Y O R K
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                                 7735--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced by M. of A. HAWLEY -- read once and referred to the Committee
  on  Libraries and Education Technology -- reported and referred to the
  Committee on Ways and Means -- reported and referred to the  Committee
  on   Rules  --  Rules  Committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted 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:

  Section   1.   Creation   of  library  district.  Notwithstanding  the
provisions of any general, special, or local law to the contrary,  there
is  hereby  created and established in the towns of Sweden and Clarkson,
county of Monroe, a public library district which shall be known as  the
Seymour  public  library  district  in the county of Monroe, hereinafter
referred to as the district, and which shall consist of the entire  town
of Sweden, the entire town of Clarkson and also including the Village of
Brockport  which  lies  wholly within such two towns.  The district will
operate a public library to be known as the Seymour  public  library  in
the county of Monroe.
  S  2.  Election.  1. The district herein described shall not come into
existence unless and until it is approved with  the  initial  budget  in
support  thereof proposed by the board of trustees of the existing Seym-
our library in the county of Monroe, and nine trustees are elected by  a
vote of the majority of the qualified voters voting in an election held,
not later than January 31, 2018, pursuant to the following provisions:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09531-04-5

              

A. 7735--A                          2

  Upon  receipt of a petition signed by not less than twenty-five voters
qualified to vote at a general election in the district,  the  board  of
trustees  of the existing Seymour library in the county of Monroe, shall
conduct an election at which the issues shall be:
  (a)  whether  the  public  library  district herein described with the
initial budget in support thereof proposed by the board of  trustees  of
the  existing  Seymour library in the county of Monroe, shall be created
or not; and
  (b) the election of nine trustees as provided by this act.
  The board of trustees of the existing Seymour library in the county of
Monroe, shall give notice of such election by publication of  notice  at
least  twice  in  one or more newspapers having a general circulation in
the district to be served. 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 of the exist-
ing Seymour library in the county of Monroe, shall cause copies of  such
notice to be posted conspicuously in three public places in the district
at  least  thirteen days prior to the date of such election. Such notice
shall specify the date and time when and the place where  such  election
will be held and the issues to be decided at such election. The board of
trustees  of the existing Seymour library in the county of Monroe, shall
designate a resident qualified voter of such district to act  as  chair-
person  of  any  election  of such district and shall designate not less
than two nor more than six resident qualified voters to act as  election
inspectors and ballot clerks at such election.  No trustee of the exist-
ing  Seymour library in the county of Monroe, shall serve as chairperson
or as an election inspector or ballot clerk. The board  of  trustees  of
the existing Seymour library in the county of Monroe, may adopt a resol-
ution  providing  that  such chairperson, election inspectors and ballot
clerks shall  be  paid  reasonable  compensation  for  their  respective
services at such election. Every voter who is a resident of the district
and  otherwise  qualified  to  vote at a general election in the town of
Sweden, town of Clarkson or village of Brockport shall be  qualified  to
vote  at  said  election.  The board of trustees of the existing Seymour
library in the county of Monroe, may, to the extent authorized  by  law,
authorize  the use of absentee ballots for the election. After the polls
have closed at such election, the election  inspectors  and  the  ballot
clerks  shall  immediately  canvass  publicly  the  ballots cast and the
chairperson of the election shall publicly announce the result.   Within
seventy-two  hours  thereafter, the chairperson, election inspectors and
ballot clerks shall execute and file a certificate of the result of  the
canvass  with  the  board of trustees of the existing Seymour library in
the county of Monroe, and the town and village clerks. If a majority  of
the voters approve the formation of the district with the initial budget
in  support  thereof  proposed  by the board of trustees of the existing
Seymour library in the county of Monroe, then the  district  shall  come
into existence on the terms and conditions set forth in this act.
  2. In the event that the district is created, there shall be an annual
election  conducted  by  the  board  of  trustees  of the Seymour public
library district  in  the  county  of  Monroe  in  accordance  with  the
provisions of subdivision one of this section at a time to be set by the
board  of  trustees  of the district, at which election vacancies on the
board of trustees shall be filled and at which any proposed budget which
the board shall determine to submit to the voters  pursuant  to  section
four of this act shall be submitted to the voters.

A. 7735--A                          3

  3. Candidates for the office of member of the board of trustees of the
Seymour  public  library district in the county of Monroe shall be nomi-
nated by petition.  No vacancy to be filled on  the  board  of  trustees
shall  be  considered  a  separate, specific office. A separate petition
shall be required to nominate each candidate for a vacancy on the board.
Each  petition  shall be directed to the secretary of the board of trus-
tees of the existing Seymour library in the county of Monroe,  shall  be
signed  by  at least twenty-five qualified voters of the district, shall
state the residence of each signer, and shall state the name  and  resi-
dence  of the candidate. In the event that any such nominees shall with-
draw their candidacy prior to the election, such  person  shall  not  be
considered  a  candidate unless a new petition nominating such person in
the same manner and within the same time limitation applicable to  other
candidates  is  filed with the secretary of the board of trustees of the
existing Seymour library in the county of Monroe.   Each petition  shall
be  filed  with  the  secretary of the board of trustees of the existing
Seymour library in the county of Monroe, between the hours of 9:00  a.m.
and  5:00  p.m., not later than the thirtieth day before the election at
which the candidates nominated are to be elected. In the event that  the
new  district  is created, petitions nominating candidates for the board
of trustees for all future elections shall be filed with  the  secretary
of the Seymour public library district.
  S  3.  Organization and structure. The Seymour public library district
in the county of Monroe shall be managed, operated, and controlled by  a
board  of  trustees  consisting of nine members. The trustees shall take
office at the first regular meeting of the board of  trustees  following
their election. At the first regular meeting of the board of trustees of
the  district,  the trustees shall determine when the terms of office of
each member shall expire as follows: the trustees  receiving  the  first
and  second highest number of votes shall each serve for five years, the
trustees receiving the third and fourth highest number  of  votes  shall
each  serve  for  four years, the trustees receiving the fifth and sixth
highest number of votes shall each serve for three years,  the  trustees
receiving the seventh and eighth highest number of votes shall serve for
two  years  and  the trustee receiving the ninth highest number of votes
shall serve for one year. As vacancies occur due to expiration of  terms
of  office,  trustees  shall be elected by the voters of the district at
the election provided for by this act to serve  five  year  terms,  such
terms  to commence at the first regular meeting of the board of trustees
of the district next  following  their  election.  All  other  vacancies
caused  by  resignation,  removal, death, or inability to serve shall be
filled by appointment by the board of trustees of the district until the
next election, at which time the vacancy shall be filled by election for
the remaining portion of the term. At any election  where  one  or  more
persons  are to be elected for the unexpired portion of a term or terms,
the candidate receiving the largest number of votes shall be entitled to
the full five year term and the candidates receiving  the  next  highest
number of votes shall be entitled, in decreasing order of the respective
numbers  of  votes,  to the vacancy or vacancies, in decreasing order of
the length of the unexpired portion or portions of a term or terms. Only
qualified voters of the district shall be eligible for election  to  the
board of trustees. The board of trustees at its first meeting after each
annual  election shall elect or appoint a president, vice-president, and
a secretary, who shall be members of the board, and a treasurer and such
other officers as they deem necessary. If the board so  determines,  the
office  of treasurer may be held by an individual who is not a member of

A. 7735--A                          4

the board of trustees and, in that event, such officer may, if the board
so determines, receive compensation as fixed by resolution of the board.
  S  4. Finances. 1. The initial budget to support the district shall be
determined by a vote of the  voters  of  the  district  in  the  initial
election  as  hereinafter provided for. All future budgets that increase
or decrease the district's proposed tax levy as compared to the tax levy
in the preceding fiscal year's budget shall be submitted  to  the  resi-
dents  voting at the annual election of trustees pursuant to section two
of this act. Funds voted for library purposes at  the  initial  election
and  at all future elections shall be considered an annual appropriation
therefor and shall be levied and collected yearly by the towns of Sweden
and Clarkson for the district in the same manner and at the same time as
other taxes in the towns of Sweden and Clarkson.
  2. The district's fiscal year shall run from the first day of  January
to  the  thirty-first  day  of  December.  The  board of trustees of the
district shall annually file with the clerk of the towns  on  or  before
the  first  day of November an estimate of the proposed budget including
costs of library services to be raised by levy for the library  district
in  the  fiscal  year  beginning on the first day of January of the next
year. The towns shall not make any change in the estimate of revenues or
expenditures submitted by the board of the district  in  preparation  of
their preliminary budgets.
  3.   The town board of the town of Sweden shall levy a tax against the
real property lying within the district, except the real property  lying
within  the town of Clarkson, and the town board of the town of Clarkson
shall levy a tax against the real property lying  within  the  district,
except  real  property  lying  within the town of Sweden, which together
shall equal the amount to be raised by tax as approved by the voters  of
the  district.  Such  tax  shall be levied by the town of Sweden and the
town of Clarkson in proportion to the total combined value of  the  real
property  lying  within  the  town  of  Sweden and the town of Clarkson,
including the parcels lying within the village of Brockport.   The  town
boards  shall pay the full amount of the tax levy approved by the voters
over to the treasurer of the district pursuant to the schedule set forth
in this section. The town boards shall each annually  pay  over  to  the
treasurer  of  the  district  on or before the thirtieth day after their
respective tax collection period ends, the full amount of the  levy  due
from  the  parcels subject to their respective pay levy. If necessary to
meet this schedule, the town boards may  issue  tax  anticipation  notes
pursuant  to article II of the local finance law to obtain the necessary
moneys therefor.
  4. The town boards of the towns of Sweden and Clarkson shall have  the
power to authorize, sell, and issue bonds, notes, and other evidences of
indebtedness  pursuant  to  the local finance law in order to permit the
district to  provide  facilities  or  improved  facilities  for  library
purposes.  Upon  written  request  from  the  board  of  trustees of the
district, after approval by the qualified voters of such  district,  and
to  the  extent the proposed capital improvements to the library facili-
ties are to be constructed within the respective municipality, the  town
boards  shall  authorize,  sell,  and  issue such bonds, notes, or other
evidences of indebtedness as are necessary to  accomplish  the  improve-
ments  specified  in  the  notice. The proceeds of such bonds, notes, or
other evidences of indebtedness shall be paid to the  treasurer  of  the
district  maintained  in a segregated account in accordance with section
165.00 of the local finance law and expended by the  treasurer  only  on
specific authorization by the board of trustees.

A. 7735--A                          5

  5.  The  board of trustees of the district may accept on behalf of the
district any absolute gift, devise, or bequest of real or personal prop-
erty and such conditional gifts, devises, or bequests  as  it  shall  by
resolution approve.
  6.  The  treasurer  of the district shall be custodian of all funds of
the district, including gifts and trust funds paid over to the trustees.
The board of trustees may authorize  the  investment  of  funds  in  the
custody  of  the treasurer in the same manner in which town funds may be
invested. Proceeds of obligations received from the town may be invested
in accordance with section 165.00 of the local finance law. The town  of
Sweden  and the town of Clarkson shall promptly pay over to the district
all monies which belong to or are raised for  the  district.  No  monies
shall  be  disbursed by the treasurer of the district except after audit
by the board of trustees. The board of trustees of  the  district  shall
audit  all  claims and shall order the payment thereof, except as other-
wise provided by this section.  No  such  claims  shall  be  audited  or
ordered  paid  by the trustees 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 utility
costs,  claims  of fixed salaries, and amounts which the district may be
required to pay on account  of  retirement  contributions  for  past  or
current services to officers and employees of the district. The treasur-
er  shall  keep such records in such manner as the board of trustees may
require.
  S 5. Charter, commencement of operations, and transfer of property and
employees. The initially elected trustees of the district shall,  within
ninety  days  from the date of approval of the district by the voters of
the district, apply to the board of regents for a charter  as  a  public
library.  Upon  the  granting of such a charter by the board of regents,
title to all liabilities and assets, including all property,  both  real
and  personal,  and  both  tangible  and intangible, all trust and other
funds, and all other obligations,  now  held  by  the  existing  Seymour
library  in the county of Monroe shall be transferred to, vested in, and
be  acquired  by  the  district  established  by  this  act.  The  above
provisions for transfer to, vesting and acquisition of real and personal
property,  both  tangible and intangible, and all trust and other funds,
are effectuated by operation of law pursuant to the  authority  of  this
act,  except  that,  for  purposes  of clarity of real property records,
deeds of conveyance shall be executed and filed for any parcels of  real
property.  Upon  the transfer of all such property, the existing Seymour
library in the county of Monroe shall  be  deemed  dissolved.  Upon  the
granting  of  such charter by the board of regents, all employees of the
existing Seymour library shall become employees of the district upon the
same terms and conditions of employment and at the same rate of  pay  as
their previous employment by the existing Seymour library.
  S  6. Ad valorem levy. The several lots and parcels of land within the
area of the district are  hereby  determined  to  be  benefited  by  the
library facilities and devices existing as of the effective date of this
act,  and  the  towns  of  Sweden  and Clarkson are hereby authorized to
assess, levy, and collect the necessary expenses of  operation,  mainte-
nance,  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  district,  as
may  be hereafter authorized pursuant to the provisions of this act from
such lots and parcels of land in the same manner and at the same time as
other town charges.

A. 7735--A                          6

  S 7. Education law. Except as otherwise  provided  by  this  act,  the
provisions  of  the  education law relating to public libraries shall be
applicable to the district established by this act.
  S  8.  The district is deemed a special district which is separate and
distinct from the towns and village for all purposes, including but  not
limited  to  management,  appropriations, and expenditures. Any tax levy
for the district shall not  be  charged  or  imputed  to  the  towns  or
village,  and  shall  instead be charged or imputed to the district, for
purposes of any general or special laws enacted by the legislature.
  S 9. Section 5 of chapter 672 of the laws of 1993, amending the public
authorities law relating to the construction and financing of facilities
for certain public libraries, is amended by adding a new subdivision  49
to read as follows:
  49. SEYMOUR PUBLIC LIBRARY DISTRICT IN THE COUNTY OF MONROE
  S 10. This act shall take effect immediately.