S T A T E O F N E W Y O R K
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5942
2015-2016 Regular Sessions
I N S E N A T E
June 12, 2015
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Introduced by Sens. ORTT, ROBACH -- read twice and ordered printed, and
when printed to be committed 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:
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09531-05-5
S. 5942 2
(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.
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.
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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
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
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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.
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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.
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.
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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.
