NY State Senate Bill 2015-S4393

Senate Bill S4393

Signed By Governor

2015-2016 Legislative Session

Relates to certain matters relating to the issuance of debt and associated matters of the Oneida Public Library

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 12, 2015	approval memo.18
Dec 11, 2015	signed chap.544
Nov 30, 2015	delivered to governor
Jun 16, 2015	returned to senate passed assembly ordered to third reading rules cal.361 substituted for a6224
Jun 10, 2015	referred to ways and means delivered to assembly passed senate
May 18, 2015	advanced to third reading
May 13, 2015	2nd report cal.
May 12, 2015	1st report cal.615
Mar 18, 2015	referred to local government

Votes

- Jun 10, 2015 - Floor Vote
  S4393
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Libous
      
      Perkins
  May 12, 2015 - Local Government Committee Vote
  S4393
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: May 12, 2015
      
      aye (9)
      
      Boyle
      
      Hoylman-Sigal
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Panepinto
      
      Ritchie
      
      Valesky

2015-S4393 (ACTIVE) - Details

See Assembly Version of this Bill:: A6224
Law Section:: Oneida County
Laws Affected:: Amd §5, Chap 672 of 1993; amd §§4, 6 & 7, Chap 493 of 1996
Versions Introduced in 2013-2014 Legislative Session:: S7697

2015-S4393 (ACTIVE) - Summary

Relates to certain matters relating to the issuance of debt and associated matters of the Oneida Public Library.

2015-S4393 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4393                   Revised 10-22-15

 TITLE OF BILL :

An act 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
Oneida Public Library; and to amend chapter 493 of the Laws of 1996,
relating to authorizing the establishment of the Oneida public library
district, in relation to certain matters relating to the issuance of
debt and associated matters

 PURPOSE OF THE BILL :

The purpose of this bill is to authorize the Oneida Public Library to
be an eligible library pursuant to Chapter 672 of the Laws of 1993,
and to amend Chapter 493 of the Laws of 1996 as to certain matters
relating to the issuance of debt on behalf of the Library and its
Library District and associated matters.

 SUMMARY OF PROVISIONS :

Section 1 of the bill authorizes the Oneida Public Library to be an
eligible library pursuant to Chapter 672 of the Laws of 1993.

Section 2 of the bill amends Chapter 493 of the Laws of 1996 which

established the Public Library to permit debt on behalf of the Public
Library to be issued on pro-rata basis by the city of Oneida and the
five towns within which the Library District is located. Public
approval of debt issuance continues to be required as currently
provided.

Section 3 of the bill amends Chapter 493 of the Laws of 1996 to
clarify assessment for public library district purposes.

Section 4 of the bill amends Chapter 493 of the Laws of 1996 to
clarify the applicability of the education law to the public library
district. The bill adds the Oneida Public Library to the list of
institutions eligible for financing through the Dormitory Authority of
the State of New York. To the extent that bonds or notes are issued by
the Dormitory Authority for the benefit of the Oneida Public Library
serving the Oneida Public Library District, the provisions of Title 4
of Article 8 of the Public Authorities Law (rather than the provisions
of the Local Finance Law) shall govern the Dormitory Authority's
handling of the proceeds of such bonds or notes until they are
disbursed to the library district.

Section 5 of the bill provides that it shall take effect immediately.

 JUSTIFICATION :

The Oneida Public Library located at 220 Broad Street, in Oneida, New
York occupies a facility built in 1954 which is presently inadequate
for its purposes. The library wishes to develop a parcel of land
located at 456 Elizabeth Street, in Oneida, New York and to construct
a new public library facility, such project to be paid from proceeds
of a bond financing or financings. As one of the relatively few
special library districts in the State that was established for an
area comprising multiple jurisdictions (parts of five towns including
three villages together with the city of Oneida, all located within
one city school district but not affiliated with the territorially
equivalent school district itself), it can neither sell debt in its
own name, nor require a single school district for municipality to do
so on its behalf. Under its present statute, the library also cannot
request the city of Oneida and each of the towns (nor the villages
within) to issue a prorate share of the aggregate indebtedness
required for the project; although it may require and must rely upon
the issuance of joint indebtedness by the city and the five towns, an
awkward, rare and more expensive form of general obligation
indebtedness in the state. However, existing, the legislation does
include a method to determine the pro-rata liability of the city and
each town for such debt service.  Participation in the existing public
library financing program of the Dormitory Authority of the State of
New York, as well as authority for the city and each town to issue a
pro-rata share of the debt, would solve this dilemma. Public approval
of debt issuance was obtained in a vote on March 3, 2015. As the
Legislature has approved similar legislation in the past for other
public libraries in the state, there is precedent in this legislation.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S4393 (ACTIVE) - Bill Text download pdf

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

    S. 4393                                                  A. 6224

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 18, 2015
                               ___________

IN SENATE -- Introduced by Sen. VALESKY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

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

AN  ACT  to  amend  chapter 672 of the laws of 1993, amending the public
  authorities law relating to the construction and financing of  facili-
  ties for certain public libraries, in relation to including the Oneida
  Public Library; and to amend chapter 493 of the Laws of 1996, relating
  to   authorizing  the  establishment  of  the  Oneida  public  library
  district, in relation to certain matters relating to the  issuance  of
  debt and associated matters

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

  Section 1. 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. ONEIDA PUBLIC LIBRARY
  S 2. Section 4 of chapter 493 of the laws of 1996, relating to author-
izing  the  establishment  of  the  Oneida  public  library district, is
amended to read as follows:
  S 4. Finances. 1. (A) The initial budget of the Oneida public  library
district  shall be determined by a vote of the voters of the district in
the initial election as provided in this act. All  future  budgets  that
increase or decrease the appropriation last approved by the voters shall
be  submitted to the residents of the library district for approval by a
majority of those residents 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 budget elections shall, unless

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09959-01-5

S. 4393                             2                            A. 6224

otherwise directed by such vote, be considered an  annual  appropriation
therefor until changed by further vote and shall be levied and collected
yearly  in  the  same  manner and at the same time as other taxes in the
portion  of  the city of Oneida, town of Lincoln, town of Lenox, town of
Verona, town of Vienna, town of Vernon,  [which  include]  INCLUDING  IN
SAID  TOWNS,  ANY  VILLAGE THEREIN, INCLUDING the village of Wampsville,
the village of Oneida Castle, and the village of Sylvan Beach, which are
located [in] WITHIN THE TERRITORIAL BOUNDARIES OF the Oneida city school
district.
  (B) NOTWITHSTANDING THE PROVISIONS OF SECTION  TWO  OF  THIS  ACT  AND
SUBDIVISION ONE OF THIS SECTION, THE BOARD OF TRUSTEES IS HEREBY AUTHOR-
IZED  TO SUBMIT AT THE ANNUAL ELECTION OR AT A SPECIAL DISTRICT ELECTION
ANY PROPOSITION FOR A CAPITAL IMPROVEMENT FOR THE LIBRARY DISTRICT WHICH
INCLUDES AN INCREASE IN THE APPROPRIATION LAST APPROVED  BY  THE  VOTERS
THEREOF  FOR  THE PURPOSE OF PAYING THE COST OF SAID CAPITAL IMPROVEMENT
AND ANY DEBT SERVICE ON OBLIGATIONS ISSUED THEREFOR  ON  BEHALF  OF  THE
LIBRARY DISTRICT PURSUANT TO TITLE 4 OF ARTICLE 8 OF THE PUBLIC AUTHORI-
TIES  LAW  OR  THIS  SECTION,  AS AMENDED. ANY SPECIAL DISTRICT ELECTION
SHALL BE CONDUCTED, NOTICED AND CANVASSED IN THE SAME MANNER AS AN ANNU-
AL ELECTION OF TRUSTEES.
  (C) THE TERM "CAPITAL IMPROVEMENT", AS USED HEREIN, SHALL REFER TO ANY
OBJECT OR PURPOSE SPECIFIED IN SECTION 11.00 OF THE  LOCAL  FINANCE  LAW
WHICH  CONSTITUTES A VALID PURPOSE OF THE LIBRARY DISTRICT. SUCH CAPITAL
IMPROVEMENTS ARE HEREBY DETERMINED TO BE  CITY  AND  TOWN  PURPOSES  FOR
WHICH  THE CITY AND THE TOWNS ARE AUTHORIZED TO CONTRACT INDEBTEDNESS ON
BEHALF OF THE LIBRARY DISTRICT.
  2. The board of trustees shall annually file with the  clerks  of  the
city  of  Oneida,  AND  the  towns of Vernon, Verona, Vienna, Lenox, AND
Lincoln [which include the of villages of Oneida Castle,  Sylvan  Beach,
and  Wampsville]  on  or before the first day of February an estimate of
the proposed budget including costs of library services AND DEBT SERVICE
FOR ANY CAPITAL IMPROVEMENT  to  be  raised  by  levy  for  the  library
district in the fiscal year beginning on the first day of July following
[the]  EACH  ANNUAL  election.  THE  FISCAL YEAR OF THE LIBRARY DISTRICT
SHALL BEGIN ON THE FIRST DAY OF JULY AND END ON  THE  THIRTIETH  DAY  OF
JUNE.  The  city  and towns shall not make any change in the estimate of
revenues or expenditures submitted by the board of the library  district
in preparation of its preliminary budget.
  3.  (A)  The  [city] COMMON council of the city of Oneida and the town
boards of THE TOWNS OF Vernon, Verona, Vienna,  Lincoln,  and  Lenox  on
behalf  of the portions of their communities which lie within the Oneida
city school district (INCLUDING AS APPLICABLE ANY VILLAGE IN ANY PORTION
OF SAID TOWNS WHICH IS WITHIN THE TERRITORIAL BOUNDARIES OF  THE  ONEIDA
CITY  SCHOOL  DISTRICT) shall levy a tax against the real property lying
within the [city and the portions of each city and town  which  comprise
the  library  district  for  their respective shares of the amount to be
raised by tax as  contained  in  the  annual  budget  of  such  district
approved  by its voters at its annual election, said shares to be deter-
mined by the ratio, each to the other, of the full valuation which  term
shall  mean,  the valuation which is derived by dividing the appropriate
portions of the assessed valuation of the  real  property  concerned  as
shown  by  the last completed assessment rolls of each village, city, or
town, by the city, town, or village equalization  rates  established  by
the authorized state officer or agency for such rolls, of the real prop-
erty  lying  within each jurisdiction. The city council, village boards,
and town boards or one separately  may  issue  tax  anticipation  notes,

S. 4393                             3                            A. 6224

anticipation revenue notes and budget notes pursuant to article 2 of the
local  finance  law to obtain the necessary moneys therefor] PORTIONS OF
THE CITY AND EACH TOWN WHICH COMPRISE THE  LIBRARY  DISTRICT  FOR  THEIR
RESPECTIVE  SHARES OF THE AMOUNT TO BE RAISED BY TAX AS CONTAINED IN THE
ANNUAL BUDGET OF SUCH LIBRARY DISTRICT APPROVED BY  ITS  VOTERS  AT  ITS
ANNUAL  ELECTION,  AS  WELL  AS ANY SUPPLEMENTAL AMOUNTS APPROVED BY ITS
VOTERS FOR CAPITAL IMPROVEMENTS AS PROVIDED HEREIN. THE AMOUNT OF  TAXES
FOR  LIBRARY DISTRICT PURPOSES TO BE ASSESSED, LEVIED AND COLLECTED UPON
THE TAXABLE REAL PROPERTY WITHIN THE LIBRARY DISTRICT IN  THE  CITY  AND
UPON  THE TAXABLE REAL PROPERTY WITHIN THE LIBRARY DISTRICT IN EACH TOWN
(INCLUDING ANY VILLAGES THEREIN AS DESCRIBED  HEREIN)  SHALL  BE  APPOR-
TIONED  IN ACCORDANCE WITH THE PROPORTION THAT THE FULL VALUATION WITHIN
THAT PORTION OF THE LIBRARY DISTRICT IN THE CITY  AND  EACH  TOWN  SHALL
BEAR TO THE FULL VALUATION WITHIN THE ENTIRE LIBRARY DISTRICT.
  (B) FULL VALUATION SHALL MEAN THE VALUATION WHICH IS DERIVED BY DIVID-
ING THE APPROPRIATE PORTIONS OF THE ASSESSED VALUATION OF THE REAL PROP-
ERTY  CONCERNED  AS  SHOWN BY THE LAST COMPLETED ASSESSMENT ROLLS OF THE
CITY OR THE TOWN, BY THE CITY  OR  RESPECTIVE  TOWN  EQUALIZATION  RATES
ESTABLISHED  BY  THE  AUTHORIZED STATE OFFICER OR AGENCY FOR SUCH ROLLS.
FULL VALUATION SHALL BE DETERMINED IN THE FOLLOWING MANNER. THE  LIBRARY
DISTRICT BOARD OF TRUSTEES SHALL:
  (I)  ASCERTAIN FROM THE LAST COMPLETED ASSESSMENT ROLL OF SUCH CITY OR
TOWNS WITHIN WHICH SUCH LIBRARY DISTRICT IS SITUATED A STATEMENT OF  THE
ASSESSED  VALUATION  OF  THE  TAXABLE  REAL PROPERTY WITHIN SUCH LIBRARY
DISTRICT LOCATED IN SUCH CITY AND IN EACH TOWN (INCLUDING  ANY  VILLAGES
THEREIN AS DESCRIBED HEREIN) AFFECTED.
  (II)  PROCURE FROM THE APPROPRIATE STATE OFFICER OR AGENCY A STATEMENT
OF THE RATIOS OF THE ASSESSED VALUATION TO  THE  TRUE  VALUATION  ESTAB-
LISHED  BY SUCH OFFICER OR AGENCY FOR THE LAST COMPLETED ASSESSMENT ROLL
OF SUCH CITY AND EACH SUCH  TOWN  (INCLUDING  ANY  VILLAGES  THEREIN  AS
DESCRIBED HEREIN).
  (III) DETERMINE THE FULL VALUATION OF THE TAXABLE REAL PROPERTY WITHIN
SUCH  LIBRARY DISTRICT SITUATED IN SUCH CITY AND EACH SUCH TOWN (INCLUD-
ING ANY VILLAGES THEREIN AS DESCRIBED HEREIN) AFFECTED BY  DIVIDING  THE
ASSESSED VALUATION OF SUCH REAL PROPERTY BY THE RATIO FIXED FOR THE CITY
OR  RESPECTIVE TOWN IN WHICH SUCH TAXABLE REAL PROPERTY IS SITUATED. THE
TOTAL FULL VALUE OF THE TAXABLE REAL PROPERTY WITHIN THE ENTIRE  LIBRARY
DISTRICT  SHALL  BE ASCERTAINED BY ADDING TOGETHER THE FULL VALUE OF THE
TAXABLE REAL PROPERTY WITHIN THE LIBRARY DISTRICT SITUATED IN  THE  CITY
AND  EACH  TOWN  (INCLUDING  ANY  VILLAGES  THEREIN AS DESCRIBED HEREIN)
AFFECTED.
  (IV) ASCERTAIN THE PROPORTION OF LIBRARY DISTRICT TAX LEVY TO BE ALLO-
CATED TO SUCH CITY AND EACH TOWN  (INCLUDING  ANY  VILLAGES  THEREIN  AS
DESCRIBED HEREIN) AFFECTED BY MULTIPLYING THE AMOUNT OF SUCH TAX LEVY OF
SUCH  LIBRARY  DISTRICT BY THE PERCENTAGE OR RATIO THE FULL VALUE OF THE
TAXABLE REAL PROPERTY WITHIN SUCH LIBRARY DISTRICT SITUATED IN SUCH CITY
OR RESPECTIVE TOWN (INCLUDING ANY VILLAGES THEREIN AS DESCRIBED  HEREIN)
AFFECTED  BEARS  TO  THE  TOTAL  FULL VALUE OF THE TAXABLE REAL PROPERTY
WITHIN THE ENTIRE LIBRARY DISTRICT.
  (C) THE COMMON COUNCIL AND TOWN BOARDS SHALL EACH ANNUALLY PAY OVER TO
THE TREASURER OF THE LIBRARY DISTRICT ON OR  BEFORE  THE  THIRTIETH  DAY
AFTER  THEIR  RESPECTIVE  TAX COLLECTION PERIOD ENDS, THE FULL AMOUNT OF
THE LEVY DUE TO THE LIBRARY DISTRICT FROM THE PARCELS SUBJECT  TO  THEIR
RESPECTIVE  LEVY.  THE COMMON COUNCIL AND TOWN BOARDS MAY EACH ISSUE TAX
ANTICIPATION NOTES, REVENUE ANTICIPATION NOTES OR BUDGET NOTES  PURSUANT
TO  THE  APPLICABLE  PROVISIONS  OF  THE LOCAL FINANCE LAW TO OBTAIN THE

S. 4393                             4                            A. 6224

NECESSARY MONEYS THEREFOR IN THE EVENT THE  FULL  LEVY  OF  THE  LIBRARY
DISTRICT  ASSESSMENT  THEREIN  IS  NOT  RECEIVED BY THE DATE DUE FOR THE
PROVISION OF SAME TO THE LIBRARY DISTRICT.
  4.  [Legislative]  (A) THE LEGISLATIVE bodies of the city of Oneida[,]
AND the towns of Vernon,  Verona,  Vienna,  Lenox,  and  Lincoln  [which
include  the  villages  of  Oneida Castle, Sylvan Beach, and Wampsville]
which are in the Oneida city school  district  shall  have  the  [power]
POWERS  TO  AUTHORIZE,  to  sell  and  TO  issue  bonds, notes and other
evidences of indebtedness  pursuant  to  THE  PROVISIONS  OF  the  local
finance  law in order to permit the library district to provide [facili-
ties or improved facilities] CAPITAL IMPROVEMENTS for library  purposes.
Upon written request from the board of trustees of the library district,
after approval by the qualified voters of such district, [the respective
legislative  bodies  jointly shall authorize, sell and issue such bonds,
notes, or other evidences of indebtedness as are necessary to accomplish
the improvements specified in the notice. The proceeds  of  such  bonds,
notes  or other evidences of indebtedness shall be paid to the treasurer
of the library district  and  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]
THE  RESPECTIVE  LEGISLATIVE BODIES SHALL AUTHORIZE, SELL AND ISSUE SUCH
BONDS, NOTES, OR OTHER EVIDENCES OF INDEBTEDNESS  AS  ARE  NECESSARY  TO
ACCOMPLISH  THE  CAPITAL  IMPROVEMENT  SPECIFIED  IN  THE REQUEST, AS SO
APPROVED BY THE VOTERS OF THE  LIBRARY  DISTRICT  EITHER  (I)  AS  JOINT
INDEBTEDNESS IN ACCORDANCE WITH THE PROVISIONS OF TITLE 1-A OF ARTICLE 2
OF  THE LOCAL FINANCE LAW OR (II) AS SEVERAL INDEBTEDNESS OF THE CITY OF
ONEIDA AND THE TOWNS OF VERNON, VERONA, VIENNA, LENOX AND LINCOLN,  EACH
ISSUING  THEIR  PRO-RATA  SHARE  OF SUCH INDEBTEDNESS IN JUST PROPORTION
DETERMINED BY THE RATIO AND METHODOLOGY PROVIDED IN SUBDIVISION THREE OF
THIS SECTION. THE PROPORTION OF INDEBTEDNESS TO BE ALLOCATED TO THE CITY
OF ONEIDA AND EACH OF THE TOWNS SHALL BE DETERMINED BY  MULTIPLYING  THE
AMOUNT  OF SUCH INDEBTEDNESS TO BE ISSUED FOR THE CAPITAL IMPROVEMENT BY
THE PERCENTAGES OR RATIO THE FULL VALUATION OF THE TAXABLE REAL PROPERTY
OF SUCH CITY OR TOWN, SITUATED IN SUCH CITY OR EACH TOWN, BEARS  TO  THE
FULL  VALUATION  OF  ALL OF THE TAXABLE REAL PROPERTY WITHIN THE LIBRARY
DISTRICT.
  (B) UPON ADOPTION OF A RESOLUTION BY THE AFFIRMATIVE VOTE OF A MAJORI-
TY OF THE VOTING STRENGTH OF  THE  BOARD  OF  TRUSTEES  OF  THE  LIBRARY
DISTRICT,  AFTER  APPROVAL  OF  THE  QUALIFIED  VOTERS  OF  SUCH LIBRARY
DISTRICT, NOTHING PROVIDED HEREIN SHALL PRECLUDE  THE  LIBRARY  DISTRICT
FROM  ENTERING INTO A FINANCING TRANSACTION WITH THE DORMITORY AUTHORITY
OF THE STATE OF NEW YORK OR ANY  LOCAL  DEVELOPMENT  CORPORATION  ESTAB-
LISHED  PURSUANT  TO  SECTION 1411 OF THE NOT-FOR-PROFIT CORPORATION LAW
FOR THE FINANCING OF ANY CAPITAL IMPROVEMENT. THE  LIBRARY  DISTRICT  IS
HEREBY  AUTHORIZED  TO  ENTER  INTO  SUCH AGREEMENTS AS MAY BE OTHERWISE
PERMISSIBLE BY LAW TO FINANCE ANY SUCH CAPITAL IMPROVEMENT  THROUGH  THE
AUSPICES OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO
TITLE 4 OF ARTICLE 8 OF THE PUBLIC AUTHORITIES LAW, OR THE AUSPICES OF A
LOCAL DEVELOPMENT CORPORATION DULY ESTABLISHED AND AUTHORIZED TO FINANCE
SUCH  CAPITAL  IMPROVEMENTS  ON BEHALF OF A PUBLIC LIBRARY DISTRICT. THE
PROCEEDS OF SUCH BONDS, NOTES OR OTHER EVIDENCES OF  INDEBTEDNESS  SHALL
BE  PAID  TO  THE  TREASURER OF THE LIBRARY DISTRICT AND MAINTAINED IN A
SEGREGATED ACCOUNT IN  ACCORDANCE  WITH  SECTION  165.00  OF  THE  LOCAL
FINANCE  LAW  AND  EXPENDED  BY SAID TREASURER ONLY ON SPECIFIC AUTHORI-
ZATION BY THE BOARD OF TRUSTEES OF THE LIBRARY DISTRICT.

S. 4393                             5                            A. 6224

  5. The board of trustees of the library district may accept on  behalf
of  the LIBRARY district any absolute gift, devise or bequest of real or
personal property and such conditional gifts, devises, or bequests as it
shall by resolution approve.
  6. (A) The treasurer of the library district shall be custodian of all
funds  of the library district including gifts and trust funds paid over
to the BOARD OF trustees.  The  board  of  trustees  may  authorize  the
investment  of  funds in the custody of the treasurer in the same manner
in which [village,] town, city or school district funds may be invested.
Proceeds of obligations received from the  [villages,  town,  and]  city
[may]  OR TOWNS FOR CAPITAL IMPROVEMENTS SHALL be invested in accordance
with section 165.00 of the local finance law AND SECTIONS 10 AND  11  OF
THE GENERAL MUNICIPAL LAW. The [mayor] COMPTROLLER OF THE CITY of Oneida
and  the  supervisors of the towns of Verona, Vernon, Vienna, Lenox, and
Lincoln shall promptly pay over to the library district all moneys which
belong to or are raised for the library district.  No  moneys  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 audited or ordered paid by the trustees
unless  an  itemized voucher therefor shall be presented to the board of
trustees for audit and allowances. The provisions of this section  shall
not  be  applicable  to  payment  of claims of fixed salaries in amounts
which the library district may be required to pay on account of  retire-
ment  contributions for past or current services to officers and employ-
ees of the library district. The treasurer shall keep  such  records  in
such manner as the board of trustees may require.
  (B) THE LIBRARY DISTRICT SHALL PROVIDE SUCH INVESTMENT AND EXPENDITURE
RECORDS  OF  ANY  PROCEEDS  OF BONDS, NOTES OR OTHER EVIDENCE OF INDEBT-
EDNESS ISSUED ON BEHALF OF THE LIBRARY DISTRICT FOR CAPITAL IMPROVEMENTS
AS MAY BE REQUIRED BY THE CITY, TOWNS, THE DORMITORY  AUTHORITY  OF  THE
STATE  OF  NEW YORK OR A LOCAL DEVELOPMENT CORPORATION IN ORDER FOR SAME
TO COMPLY WITH THE REQUIREMENTS OF SECTION 148 OF THE  INTERNAL  REVENUE
CODE  OF  1986,  AS  AMENDED,  WITH  REGARD TO ANY BONDS, NOTES OR OTHER
EVIDENCES OF INDEBTEDNESS ISSUED TO FINANCE A CAPITAL IMPROVEMENT OF THE
LIBRARY DISTRICT.
  S 3. Section 6 of chapter 493 of the Laws of 1996, relating to author-
izing the establishment  of  the  Oneida  public  library  district,  is
amended to read as follows:
  S  6. Ad valorem levy. The several lots and parcels of land within the
area of the Oneida public library district are hereby determined  to  be
benefitted  by  the  library  facilities and services existing as of the
effective date of this act [and the]. THE city of Oneida, and the  towns
of  Vernon,  Verona, Vienna, Lenox, and Lincoln 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  issued for the purpose of such library district as may
be hereafter authorized pursuant to the provisions of this act from such
lots and parcels of land] SUFFICIENT MONIES FROM SUCH LOTS  AND  PARCELS
OF  LAND  THEREIN, IN ACCORDANCE WITH THE DETERMINATION OF THEIR RESPEC-
TIVE SHARES AS PROVIDED IN SUBDIVISION THREE OF  SECTION  FOUR  OF  THIS
ACT,  AS  PROVIDED  IN THE ANNUAL BUDGETS OF THE LIBRARY DISTRICT TO PAY
ALL NECESSARY EXPENSES OF OPERATION,  MAINTENANCE  AND  REPAIR  OF  SUCH
FACILITIES  AND  PROVISION  OF  SUCH SERVICES TOGETHER WITH THE COSTS OF
CAPITAL IMPROVEMENTS INCLUDING DEBT SERVICE ON  BONDS,  NOTES  OR  OTHER

S. 4393                             6                            A. 6224

EVIDENCE OF INDEBTEDNESS ISSUED FOR THE PURPOSE OF SUCH LIBRARY DISTRICT
AS MAY BE HEREAFTER AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS ACT.
  S 4. Section 7 of chapter 493 of the Laws of 1996, relating to author-
izing  the  establishment  of  the  Oneida  public  library district, is
amended to read as follows:
  S 7. Education law applicability. THE LIBRARY DISTRICT  SHALL  CONSTI-
TUTE A PUBLIC LIBRARY PURSUANT TO THE PROVISIONS OF THE EDUCATION LAW AS
THE  SAME  MAY, FROM TIME TO TIME, BE AMENDED, AND SHALL HAVE THE POWERS
AND DUTIES, EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, NOW  OR  HEREAFTER
CONFERRED  BY  LAW  UPON  PUBLIC LIBRARIES AND THEIR TRUSTEES. Except as
[otherwise] provided by this act, the provisions of  the  education  law
relating  to  public libraries shall be applicable to the public library
district established by this act. THE LIBRARY DISTRICT SHALL  CONSTITUTE
A BODY CORPORATE AND POLITIC AND BE PERPETUAL IN DURATION.
  S 5. This act shall take effect immediately.

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