This bill has been amended

Bill S4116-2015

Creates the Seymour public library district and provides for the means for construction and financing of facilities for the district

Creates the Seymour public library district in Monroe county and provides for the means for construction and financing of facilities for the district.

Details

Actions

  • Mar 19, 2015: ADVANCED TO THIRD READING
  • Mar 18, 2015: 2ND REPORT CAL.
  • Mar 17, 2015: 1ST REPORT CAL.265
  • Feb 27, 2015: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Local Government - Mar 17, 2015
Ayes (9): Marchione, Boyle, Murphy, Ortt, Ritchie, Valesky, Panepinto, Hoylman, Latimer

Memo

BILL NUMBER:S4116

TITLE OF BILL:

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 authorities 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

PURPOSE:

To create the Seymour public library district serving the Towns of Sweden and Clarkson, as well as the Village of Brockport.

SUMMARY OF PROVISIONS:

Section 1 is the creation of the Seymour public library district serving the Towns of Sweden and Clarkson, as well as the Village of Brockport.

Section 2 allows for the election of the district and all the laws related to its creation. Allows for the election of nine trustees.

Section 3 allows for the organization and structure.

Section 4 allows the voters to set the budget and funding for the budget. The initial budget shall be determined by a vote of the voters of the district. All future budgets that increase or decrease shall be submitted annually to the voters.

Section 5 allows for the charter, commencement of operations and transfer of property and employees.

Section 6 allows for ad valorem levy.

Section 7 States that unless otherwise provided the education law relating to libraries shall be applicable to the district.

Section 8 deems the district a special district.

Section 9 adds Seymour. Public Library to the list of public libraries under the public authorities law.

Section 10 is the effective date.

JUSTIFICATION:

This legislation has been asked for by the current Seymour Library. As the current district serves three various municipalities and it not a special library district, the administration of the library is cumbersome. For one example, should any of the three municipalities vote down the current budget (which is the same for all three municipalities) the budget fails, even if it passes in both other municipalities. This legislation simply seeks to add the Seymour

public library district to the list of those other special districts currently in existence.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4116 2015-2016 Regular Sessions IN SENATE February 27, 2015 ___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government 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, 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. 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, 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: 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, 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, 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, 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 existing Seymour library, 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, shall designate a resident qualified voter of such district to act as chairperson 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 existing Seymour library, shall serve as chairperson or as an election inspector or ballot clerk. The board of trustees of the exist- ing Seymour library, may adopt a resolution providing that such chair- person, 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, 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 inspec- tors 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, 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, 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 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. 3. Candidates for the office of member of the board of trustees of the Seymour public library district shall be nominated 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 trustees of the existing Seymour library, 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 residence of the candidate. In the event that any such nominees shall withdraw 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 limi- tation applicable to other candidates is filed with the secretary of the board of trustees of the existing Seymour library. Each petition shall be filed with the secretary of the board of trustees of the existing Seymour library, 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 nomi- nated 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 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, trus- tees 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 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. 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, 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 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. 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 S 10. This act shall take effect immediately.

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