S T A T E O F N E W Y O R K
________________________________________________________________________
2460
2011-2012 Regular Sessions
I N S E N A T E
January 21, 2011
___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to provide for the creation of the Stephentown Memorial library
district in the county of Rensselaer; 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 Stephentown Memorial library district
within the provisions of such chapter
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
may be created pursuant to this act in the county of Rensselaer, a
public library district which shall include all of the town of Stephen-
town, and shall be known as the "Stephentown Memorial library district".
S 2. Election. (a) The Stephentown Memorial library district shall not
come into existence unless and until it is approved, the initial
proposed budget is approved, and seven trustees are elected by a vote of
the majority of the qualified voters in the district voting in an
election held pursuant to this section. Upon receipt of a petition
signed by not less than fifty voters qualified to vote at a general
election and residing within the area of the proposed district, the
board of trustees of the existing Stephentown Memorial library associ-
ation shall give notice of an election to be conducted pursuant to this
act. Such election shall be held within one year of the effective date
of this act. If a majority of such voters approve the formation of the
district, then the district shall come into existence on the terms and
conditions set forth in this act. At such election the issues shall be:
(i) whether the public library district shall be created or not, and
whether the initial budget therefor proposed by the board of trustees of
the Stephentown Memorial library association shall be approved or disap-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02755-01-1
S. 2460 2
proved; and (ii) the election of seven trustees as provided by section
three of this act. The trustees of the existing Stephentown Memorial
library association shall give notice of such election by the publica-
tion of a notice 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 Stephentown Memorial library association 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 time when and the place where such
election will be held, the issues to be decided at such election and the
hours during which polls will be open for the receipt of ballots. The
board of trustees of the existing Stephentown Memorial library associ-
ation shall prepare the ballots for such elections and the polls shall
remain open for the receipt thereof at all elections from 7:00 a.m.
until 8:00 p.m. Furthermore, the board of trustees, in consultation and
cooperation with the board of elections of the county of Rensselaer,
shall provide for the distribution and acceptance of absentee ballots in
accordance with the provisions of the election law. The board of trus-
tees of the existing Stephentown Memorial library association 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 four resident qualified voters to act as election
inspectors and ballot clerks at such elections. No trustee or candidate
for the office of trustee shall serve as chairperson or as an election
inspector or ballot clerk. The board of trustees may adopt a resolution
providing that such chairperson, election inspectors and ballot clerks
shall be paid for their respective services at the initial election or
at subsequent elections, should the library district be created. Such
resolution, if adopted, may fit reasonable compensation for services of
such officials. Every voter otherwise qualified to vote at a general
election and residing within the area of the proposed district shall be
qualified to vote at said election. After the polls have closed at such
election, the election inspectors and the ballot clerks shall immediate-
ly canvass publicly the ballots cast and the chairperson of the election
shall publicly announce the result. Within seventy-two hours thereaft-
er, 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 Stephentown Memorial library association and
the town clerk of the town of Stephentown.
(b) In the event that the library district is created, there shall be
an annual election conducted by the board of trustees of the Stephentown
Memorial library district in accordance with the provisions of subdivi-
sion (a) of this section, at a time to be set by the library district's
board, 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.
(c) Candidates for the office of member of the board of trustees of
the Stephentown Memorial library district shall be nominated by peti-
tion. No vacancy on the board of trustees to be filled shall be consid-
ered 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, shall be
signed by at least fifty qualified voters of the district, shall state
S. 2460 3
the residence of each signer, and shall state the name and residence of
the candidate. In the event that any such nominee shall withdraw candi-
dacy prior to the election, such person shall not be considered a candi-
date 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. Each petition shall be
filed with the secretary of the board of trustees at the library during
the hours of operation Monday through Saturday, not later than the thir-
tieth day preceding the election at which time the candidates nominated
are to be elected. Petitions for candidates for the initial board of
trustees of the Stephentown Memorial library district shall be filed
with the secretary of the Stephentown Memorial library association. In
the event that the new district is created, petitions nominating candi-
dates for the board of trustees after the initial election shall be
filed with the secretary of the Stephentown Memorial library district.
(d) At any election of such district, the voters may adopt a proposi-
tion providing that, in all subsequent elections, vacancies on the board
of trustees shall be considered separate, specific offices and that the
nominating petitions shall describe the specific vacancy upon the board
of trustees for which the candidate is nominated, which description
shall include at least the length of the term of the office and the name
of the last incumbent, if any. No person shall be nominated for more
than one specific office. Such procedure shall be followed with respect
to all nominations and election in subsequent years until and unless
such proposition is repealed by the electors of the district at a regu-
lar election by adoption of a proposition to repeal the same.
S 3. Organization and structure. The Stephentown Memorial library
district shall be managed, operated and controlled by a board of trus-
tees consisting of seven members. The trustees shall take office on the
first day of the month following their election and shall, at the first
regular meeting of the board, determine when the term of office of each
member shall expire as follows: the three trustees receiving the first,
second and third highest number of votes shall serve for three years;
the two trustees receiving the fourth and fifth highest number of votes
shall serve for two years; and the two trustees receiving the sixth and
seventh highest number of votes shall serve for one year. Every trustee
shall take and file an oath of office pursuant to section 10 of the
public officers law within 30 days of taking office. As vacancies
occur, trustees shall be elected at the annual election provided for by
this act to serve three year terms by the voters of the library district
created pursuant to this act, such terms to commence on the first day of
the month next following the election. 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 fiscal 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 neces-
sary. 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 resolution of the board.
S 4. Finances. (a) The initial budget for the Stephentown Memorial
library district shall be determined by a vote of the voters of the
district in the initial election as provided for in this section. All
future budgets that increased or decreased the Stephentown Memorial
library district proposed total operating expenditures over the total
operating expenditures in the last preceding fiscal year's budget shall
S. 2460 4
be submitted to the 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 be consid-
ered an annual appropriation therefor and shall be levied and collected
yearly in the same manner and at the same time as other real property
taxes in the town of Stephentown.
(b) The board of trustees shall annually file with the financial offi-
cers of the town of Stephentown, the dollar amount to be raised by levy
for the library district. Such town shall not make any change in the
dollar amount submitted to the town of Stephentown by the board of the
library district.
(c) The town of Stephentown shall levy a tax against the real property
lying within the district for the amount to be raised by tax as
contained in the annual budget of the Stephentown Memorial library
district. However, nothing in this act shall be construed as superseding
any valid property tax exemptions. The town of Stephentown may issue
tax anticipation notes, revenue anticipation notes and budget notes
pursuant to article 2 of the local finance law to obtain the necessary
moneys therefor.
(d) The town of Stephentown 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 library district to provide
facilities or improved facilities for library purposes. Upon written
request from the board of trustees of the Stephentown Memorial library
district, after approval by the qualified voters of such library
district, the town of Stephentown 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 Stephentown Memorial library district and main-
tained in a segregated account in accordance with section 165.00 of the
local finance law and expended by the treasurer only on specific author-
ization by the board of trustees.
(e) The board of trustees of the Stephentown Memorial 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.
(f) The treasurer of the Stephentown Memorial library district shall
be custodian of all funds of the library district, including gifts and
trust funds paid over to the trustees. The board of trustees may author-
ize 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 of Stephentown may be invested in accordance with
section 165.00 of the local finance law. The town of Stephentown shall
promptly pay over to the Stephentown Memorial 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 of the Stephentown
Memorial library district shall audit all claims and shall order the
payment thereof, except as otherwise provided by this section. No such
claims shall be reviewed or ordered paid by the trustees unless an item-
ized voucher therefor shall be presented to the board of trustees for
approval and allowance. The foregoing requirement that no moneys shall
be disbursed by the treasurer of the district except after approval by
the board of trustees shall not be applicable to payment of claims of
fixed salaries and amounts which the library district may be required to
S. 2460 5
pay on account of retirement contributions for past or current services
to officers and employees of the library 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 thirty days from
the date of approval of the library 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,
then the Stephentown Memorial library association shall be dissolved,
and title to all liabilities and assets, including all property, real
and personal, and all other tangible and intangible property, trust and
other funds, and all other obligations, held by the Stephentown Memorial
library association shall be transferred to, vested in, and be acquired
by the Stephentown Memorial library district established by this act.
Upon the granting of such charter by the board of regents, all employees
of the Stephentown Memorial library association shall become employees
of the library district upon the same terms and conditions of employment
and at the same rate of pay as their previous employment by the Stephen-
town Memorial library association, and the employees of the Stephentown
Memorial library district shall be subject to the civil service law.
S 6. Ad valorem levy. The several lots and parcels of land within the
area of the library district are hereby determined to be benefited by
the library facilities and devises existing as of the effective date of
this act, and the town of Stephentown 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 indebt-
edness of the library of municipality issued for the purpose of the
Stephentown Memorial library district, as may be 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 municipal 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 Stephentown Memorial library district established by
this act.
S 8. 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 separately amended by chapters 417 and
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
S. 2460 6
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
Brunswick Community Library District
D.R. Evarts Library District
STEPHENTOWN MEMORIAL LIBRARY DISTRICT
S 9. This act shall take effect immediately; provided, that section
eight of this act shall take effect on the same date as the Stephentown
Memorial library district shall come into existence pursuant to this
act; provided that the trustees of the Stephentown Memorial library
district shall notify the legislative bill drafting commission upon the
creation of such district pursuant to this act in order that the commis-
sion 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.
