Creates the LaGrange public library district in the town of LaGrange, county of Dutchess.

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S5504A-2011 Actions

• Aug 17, 2012: SIGNED CHAP.411
• Aug 6, 2012: DELIVERED TO GOVERNOR
• Jun 11, 2012: returned to senate
• Jun 11, 2012: passed assembly
• Jun 11, 2012: ordered to third reading rules cal.98
• Jun 11, 2012: substituted for a8313b
• May 30, 2012: referred to libraries and education technology
• May 30, 2012: DELIVERED TO ASSEMBLY
• May 30, 2012: PASSED SENATE
• May 22, 2012: ADVANCED TO THIRD READING
• May 21, 2012: 2ND REPORT CAL.
• May 21, 2012: AMENDED 5504C
• May 16, 2012: 1ST REPORT CAL.825
• Apr 20, 2012: PRINT NUMBER 5504B
• Apr 20, 2012: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to libraries and education technology
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 14, 2011: ORDERED TO THIRD READING CAL.1253
• Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 9, 2011: PRINT NUMBER 5504A
• Jun 9, 2011: AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
• May 26, 2011: REFERRED TO LOCAL GOVERNMENT

S5504A-2011 Meetings

Local Government: Mar 21, 2012, Rules: Jun 17, 2011, Rules: Jun 24, 2011

S5504A-2011 Calendars

Floor Calendar: Jun 14, 2011

S5504A-2011 Votes

S5504A-2011 Memo

BILL NUMBER:S5504A

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 for certain public libraries,
in relation to creating the LaGrange public library district in the town
of LaGrange, New York

PURPOSE:
To create a public library district in the town of LaGrange, New York

SUMMARY OF PROVISIONS:
Section 1 creates the LaGrange Public Library.

Section 2 sets forth the election process relation to the creation of
the district, the budget, and the election of the trustees.

Section 3 defines the organization and structure.

Section 4 relates to the finances.

Section 5 outlines the charter, operations and transfer of property
and employees.

Section 6 authorizes the town of LaGrange to assess, levy and collect
for the necessary expenses.

Section 7 states except when otherwise provided in this act, education
law applies to the public library.

Section 8 deems LaGrange public library a special district separate
and distinct from the town.
relates to the construction and financing of facilities.

Section 9 amends the Public Authorities law relating to the
construction and financing of facilities for certain public libraries
to include the LaGrange Public Library District.

Section 10 sets forth the effective date.

JUSTIFICATION:
By unanimous consent, both the LaGrange Association Library Board of
Trustees and the LaGrange town board have requested legislation to
create the LaGrange Public Library District.

The LaGrange Association Library was chattered by the Regents of the
University of the State of New York in 1983.

The LaGrange Association Library, has determined that, to stabilize
funding and enhance accountability to the town residents,
rechartering as a public library district would best serve the
interests of the public.

LEGISLATIVE HISTORY:


New bill.

EFFECTIVE DATE:
Immediate.

S5504A-2011 Text

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

                                   5504--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                May 26, 2011
                                 ___________

  Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
    printed to be committed  to  the  Committee  on  Local  Government  --
    committee  discharged,  bill amended, ordered reprinted as amended and
    recommitted to said committee

  AN ACT to amend chapter 672 of the laws  of  1993  amending  the  public
    authorities law relating to the construction and financing for certain
    public  libraries, in relation to creating the LaGrange public library
    district in the town of LaGrange, New York

    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 town of LaGrange, county of
  Dutchess, a public library district which shall be known as the LaGrange
  public library district, hereinafter referred to as  the  district,  and
  which  shall  consist  of all the territory within the town of LaGrange,
  hereinafter referred to as the town. The district will operate a  public
  library to be known as the LaGrange public library.
    S  2.  Election.  1. The district herein described shall not come into
  existence unless and until it is approved with the initial tax  levy  in
  support  thereof  proposed  by  the  board  of  trustees of the existing
  LaGrange library, and nine trustees are elected by a vote of the majori-
  ty of the qualified voters voting in an election held, not later  Novem-
  ber 15, 2012, 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 town, the board of  trus-
  tees  of  the existing LaGrange library shall, at least sixty days prior
  to the general election, file such petition with the board of  elections
  of  Dutchess county which shall cause the board of elections of Dutchess
  county to give notice of  an  election  to  be  held  with  the  general
  election  in the town. If a majority of the voters approve the formation

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11825-04-1

 S. 5504--A                          2

  of the district with the initial tax levy in support thereof proposed by
  the board of  trustees  of  the  existing  LaGrange  library,  then  the
  district shall come into existence on the terms and conditions set forth
  in this act. At such election the issues shall be:

    (a)  whether  the  public  library  district herein described with the
  initial tax levy in support thereof proposed by the board of trustees of
  the existing LaGrange library shall be created or not; and
    (b) the election of nine trustees as provided by this act.
    The board of elections of Dutchess county shall give  notice  of  such
  election  with  the general election for the town of LaGrange in accord-
  ance with the rules relating to such notice in the  election  law.    In
  addition,  the  board of trustees of the existing LaGrange library shall
  cause copies of such notice to be posted conspicuously in  three  public
  places  in the district at least fourteen days prior to the date of such
  election. Such notice shall specify the issues to  be  decided  at  such
  election  and  that  the  election  will  be held as part of the general
  election. Every voter otherwise qualified to vote at a general  election
  and  residing  within  the  town  shall  be  qualified  to  vote at said
  election.
    2. In the event that the district is created, there shall be an annual
  election conducted by the board  of  elections  of  Dutchess  county  in
  accordance  with  the  provisions  of subdivision one of this section in
  conjunction with the general election in the  town,  at  which  election
  vacancies  on  the  board  of  trustees shall be filled and at which any
  proposed tax levy 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
  LaGrange public library district shall  be  nominated  by  petition.  No
  vacancy  on  the  board  of  trustees to be filled 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 board of elections of Dutchess county, with a copy to
  the secretary of the board of trustees of the existing LaGrange 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 limitation applicable
  to other candidates is filed with the board  of  elections  of  Dutchess
  county,  with  a  copy  to the secretary of the board of trustees of the
  existing LaGrange library. Each petition shall be filed with  the  board
  of  elections  of  Dutchess  county, with a copy to the secretary of the
  board of trustees of the existing LaGrange library, between the hours of
  9:00 a.m. and 5:00 p.m., not later than the thirty-first day  of  August
  preceding  the general 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 board of elections of Dutchess county, with a
  copy to the secretary of the LaGrange public library district.
    S 3. Organization and structure. The LaGrange public library  district
  shall  be  managed,  operated,  and  controlled  by  a board of trustees
  consisting of nine members. The trustees shall take office on the  first
  day of January following their election. At the first regular meeting of
  the board of trustees of the district, the trustees shall determine when

 S. 5504--A                          3

  the terms of office of each member shall expire as follows: the trustees
  receiving  the  first,  second,  and third highest number of votes shall
  each serve for three years, the trustees receiving  the  fourth,  fifth,
  and  sixth  highest  number of votes shall each serve for two years, and
  the trustees receiving the seventh, eighth, and ninth highest number  of
  votes  shall  each serve for one year. As vacancies occur due to expira-
  tion of terms of office, trustees shall be elected by the voters of  the
  district  at  the  election provided for by this act to serve three year
  terms, such terms to commence on the first day of January next following
  the 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  for the remaining portion of the term being
  filled. Only qualified voters of the  district  shall  be  eligible  for
  election  to  the  board of trustees. 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 secretary, treasurer, and  such
  other  officers  as they deem necessary. If the board so determines, the
  offices of secretary and treasurer may be held by  individuals  who  are
  not  members  of the board of trustees and, in that event, such officers
  may, if the board so determines, receive compensation as fixed by resol-
  ution of the board.
    S 4. Finances. 1. The initial tax levy 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 increases or  decreases
  to  the  district's proposed total tax levy as compared to the total tax
  levy in the preceding fiscal year shall be submitted  to  the  residents
  voting  at  the  annual  election of trustees pursuant to section two of
  this act. The question to be placed on the ballot shall be given to  the
  board  of  elections  of  Dutchess county for inclusion on the ballot at
  least thirty-six days prior to the  annual  election.  Funds  voted  for
  library  proposes  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 town for the district in the same manner and
  at the same time as other taxes in the town of LaGrange.
    2. The town board of the town of LaGrange shall   levy a  tax  against
  the  real property lying within the LaGrange public library district for
  the amount to be raised by tax as approved by the voters of the LaGrange
  public library district. The town board shall pay the tax levy  approved
  by  the  voters  over  to  the  treasurer of the LaGrange public library
  district as those revenues are collected and received by  the  town.  If
  necessary,  the  town board may issue tax anticipation notes pursuant to
  article II of the local finance  law  to  obtain  the  necessary  moneys
  therefor.
    3.  The  town  board  of  the town of LaGrange shall have the power to
  authorize, sell, and issue bonds, notes, and other evidences of  indebt-
  edness 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  LaGrange  public
  library  district,  after  approval  by  the  qualified  voters  of such
  district, the town board 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 LaGrange public library district and maintained in  a  segregated
  account  in  accordance with section 165.00 of the local finance law and

 S. 5504--A                          4

  expended by the treasurer only on specific authorization by the board of
  trustees.
    4.  The  board of trustees of the LaGrange public library district may
  accept on behalf of the 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.
    5. The treasurer of the LaGrange  public  library  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 LaGrange shall promptly pay over  to  the
  LaGrange  public  library  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 LaGrange public  library  district  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  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 treasurer  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 shall, within forty-five 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 LaGrange  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  acquisi-
  tion  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 proper-
  ty, the existing LaGrange library shall be deemed  dissolved.  Upon  the
  granting  of  such charter by the board of regents, all employees of the
  exiting LaGrange 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 LaGrange 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 town of LaGrange is hereby authorized to assess, levy, and
  collect 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 LaGrange public library district, as
  may be hereafter authorized pursuant to the provisions of this act  from

 S. 5504--A                          5

  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 LaGrange public library district is deemed a special district
  which is separate and distinct from the town 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 town, 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, as amended by chapter 501 of the  laws  of
  2010, is amended to read as follows:

    S  5.  The  following libraries shall be eligible public libraries for
  purposes of title 4 of article 8 of the public authorities law:

    Comsewogue Public Library
    Rogers Memorial Library Company
    Hendrick Hudson Free Library
    Riverhead Free Library
    Northern Onondaga Public Library District
    Suffern Free Library
    Haverstraw King's Daughters Public Library
    Crandall Public Library
    Sayville Library
    Monroe Free Library
    Harborfields Public Library
    Howland Public Library
    Patchogue-Medford Library
    New City Library
    Babylon Public Library
    Lindenhurst Memorial Library
    Great Neck Library
    Caledonia Public Library
    Bayport-Blue Point Public Library
    The Bryant Library
    Swan Library
    Bay Shore-Brightwaters Public Library
    The Albany Public Library
    Elwood Public Library
    Peninsula Public Library
    Smithtown Special Library District
    Goshen Public Library and Historical Society
    The Hauppauge Public Library
    The Nyack Library
    North Merrick Public Library
    Southold Free Library
    The Hampton Library in Bridgehampton, Inc.
    John Jermain Memorial Library
    Westhampton Free Library
    The Plainview-Old Bethpage Public Library
    Commack Public Library
    Troy Public Library
    D.R. Evarts Library District
    LAGRANGE PUBLIC LIBRARY DISTRICT

 S. 5504--A                          6

    S 10. This act shall take effect immediately; provided,  that  section
  nine  of  this  act  shall  take effect on the same date as the LaGrange
  public library district shall come into existence pursuant to this  act;
  provided that the trustees of the LaGrange public library district shall
  notify  the  legislative  bill  drafting commission upon the creation of
  such district pursuant to this act in  order  that  the  commission  may
  maintain an accurate and timely effective data base of the official text
  of  the laws of the state of New York in furtherance of effectuating the
  provisions of section 44 of the legislative law and section 70-b of  the
  public officers law.