senate Bill S5504A

Signed by Governor Amended

Creates the LaGrange Public Library District in the town of LaGrange

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 26 / May / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 09 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • 09 / Jun / 2011
    • PRINT NUMBER 5504A
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1253
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO LIBRARIES AND EDUCATION TECHNOLOGY
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 20 / Apr / 2012
    • AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
  • 20 / Apr / 2012
    • PRINT NUMBER 5504B
  • 16 / May / 2012
    • 1ST REPORT CAL.825
  • 21 / May / 2012
    • AMENDED 5504C
  • 21 / May / 2012
    • 2ND REPORT CAL.
  • 22 / May / 2012
    • ADVANCED TO THIRD READING
  • 30 / May / 2012
    • PASSED SENATE
  • 30 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2012
    • REFERRED TO LIBRARIES AND EDUCATION TECHNOLOGY
  • 11 / Jun / 2012
    • SUBSTITUTED FOR A8313B
  • 11 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.98
  • 11 / Jun / 2012
    • PASSED ASSEMBLY
  • 11 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Aug / 2012
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2012
    • SIGNED CHAP.411

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A8313
Versions:
S5504
S5504A
S5504B
S5504C
Legislative Cycle:
2011-2012
Law Section:
Public Libraries
Laws Affected:
Amd ยง5, Chap 672 of 1993

Sponsor 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.

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

                                 5504--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.