senate Bill S5504B

Signed by Governor Amended

Creates the LaGrange Public Library District in the town of LaGrange

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Bill Status


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

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Bill Details

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

Votes

8
0
8
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S5504B

TITLE OF BILL:
An act creating the LaGrange public library district in the town of
LaGrange, New York; and 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 providing for
financing through the dormitory authority

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 chartered 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--B

                       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 -- recommitted to the Committee on Local
  Government in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  creating  the  LaGrange  public library district in the town of
  LaGrange, New York; and 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  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 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 budget 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 Septem-
ber 30, 2013, 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11825-10-2

S. 5504--B                          2

tees of the existing LaGrange library shall conduct an election at which
the issues shall be:
  (a)  whether  the  public  library  district herein described with the
initial budget 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  trustees  of  the existing LaGrange library 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  existing  LaGrange
library  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 LaGrange
library  shall  designate a resident qualified voter of such district to
act as chairperson 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 election. No trustee of
the existing LaGrange library  shall  serve  as  chairperson  or  as  an
election  inspector or ballot clerk. The board of trustees of the exist-
ing LaGrange library may adopt a resolution providing that  such  chair-
person,  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 shall be qualified  to  vote  at  said
election. The board of trustees of the existing LaGrange library 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  certif-
icate  of  the  result  of the canvass with the board of trustees of the
existing LaGrange library and the town  clerk.  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
LaGrange  library,  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  LaGrange  public
library district 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
LaGrange  public  library  district  shall  be nominated 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. Each petition  shall
be  directed  to  the secretary of the board of trustees of the existing
LaGrange library, shall be signed  by  at  least  twenty-five  qualified

S. 5504--B                          3

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 limi-
tation applicable to other candidates is filed with the secretary of the
board of trustees of the existing LaGrange library. Each petition  shall
be  filed  with  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 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 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 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, 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 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 three 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  three  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 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  deter-
mines, 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
or decrease to the district's proposed tax levy as compared to  the  tax
levy  in  the  preceding  fiscal year's budget shall 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  elections  shall  be  considered  an  annual

S. 5504--B                          4

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.
  2.  The board of trustees of the district shall annually file with the
clerk of the town 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 town shall not make any change in
the estimate of revenues or expenditures submitted by the board  of  the
district in preparation of its preliminary budget.
  3. The town board of the town of LaGrange shall levy a tax against the
real  property  lying within the district for the amount to be raised by
tax as approved by the voters of the district. The town board shall  pay
the full amount of the tax levy approved by the voters over to the trea-
surer  of  the  district  pursuant  to  the  schedule  set forth in this
section. The town board shall annually pay over to the treasurer of  the
district  on or before the thirtieth day after its tax collection period
ends, the full amount of the levy due.  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.
  4. The town board of the town 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 facili-
ties  or  improved facilities for library purposes. Upon written request
from the board of trustees of the district, after approval by the quali-
fied 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 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.
  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.
  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
LaGrange 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 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  retire-
ment  contributions for past or current services to officers and employ-
ees of the district. The treasurer  shall  keep  such  records  in  such
manner as the board of trustees may require.

S. 5504--B                          5

  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
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 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 separately amended by  chapter  533  of
the  laws of 2011 and chapter 23 of the laws of 2012, 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:
  1. Comsewogue Public Library
  2. Rogers Memorial Library Company
  3. Hendrick Hudson Free Library
  4. Riverhead Free Library
  5. Northern Onondaga Public Library District
  6. Suffern Free Library
  7. Haverstraw King's Daughters Public Library
  8. Crandall Public Library
  9. Sayville Library

S. 5504--B                          6

  10. Monroe Free Library
  11. Harborfields Public Library
  12. Howland Public Library
  13. Patchogue-Medford Library
  14. New City Library
  15. Babylon Public Library
  16. Lindenhurst Memorial Library
  17. Great Neck Library
  18. Caledonia Public Library
  19. Bayport-Blue Point Public Library
  20. The Bryant Library
  21. Swan Library
  22. Bay Shore-Brightwaters Public Library
  23. The Albany Public Library
  24. Elwood Public Library
  25. Peninsula Public Library
  26. Smithtown Special Library District
  27. Goshen Public Library and Historical Society
  28. The Hauppauge Public Library
  29. The Nyack Library
  30. North Merrick Public Library
  31. Southold Free Library
  32. The Hampton Library in Bridgehampton, Inc.
  33. John Jermain Memorial Library
  34. Westhampton Free Library
  35. The Plainview-Old Bethpage Public Library
  36. Commack Public Library
  37. Troy Public Library
  38. Brunswick Community Library District
  39. D.R. Evarts Library District
  40. Norwood Public Library
  41. Stephentown Memorial Library District
  42. LAGRANGE PUBLIC LIBRARY DISTRICT
  S 10. This act shall take effect immediately; provided that:
  (a) subdivision 41 of section 5 of chapter 672 of the laws of 1993, as
designated  by  section nine of this act shall take effect in accordance
with the provisions of section 9 of chapter 23 of the laws of 2012; and
  (b) subdivision 42 of section 5 of chapter 672 of the laws of 1993, as
added by 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 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.

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