senate Bill S7000

Signed by Governor Amended

Creates the Grinnell Public Library District in the county of Dutchess

download pdf

Sponsor

Bill Status


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

actions

  • 20 / Apr / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 16 / May / 2012
    • 1ST REPORT CAL.833
  • 21 / May / 2012
    • AMENDED 7000A
  • 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
  • 14 / Jun / 2012
    • SUBSTITUTED FOR A9929A
  • 14 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.221
  • 14 / Jun / 2012
    • PASSED ASSEMBLY
  • 14 / Jun / 2012
    • RETURNED TO SENATE
  • 06 / Jul / 2012
    • DELIVERED TO GOVERNOR
  • 18 / Jul / 2012
    • SIGNED CHAP.239

Summary

Creates the Grinnell Public Library District in the towns of Wappinger and Poughkeepsie, in the county of Dutchess.

do you support this bill?

Bill Details

Versions:
S7000
S7000A
Legislative Cycle:
2011-2012
Law Section:
Dutchess County
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:S7000

TITLE OF BILL:
An act
creating the Grinnell public library district; 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 village of Wappingers Falls
as it exists in the towns of Wappinger and Poughkeepsie.

SUMMARY OF PROVISIONS:
Section 1 creates the Grinnell 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 and village 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 the Grinnell 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 Grinnell Public Library District.

Section 10 sets forth the effective date.

JUSTIFICATION:
The Grinnell library, one of the oldest libraries in New York State,
was chartered as an association library in 1888. As an institution of
historic significance and an invaluable resource, the 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 community.

LEGISLATIVE HISTORY:
New bill.

EFFECTIVE DATE:
Immediate.

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

                                  7000

                            I N  S E N A T E

                             April 20, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT creating the Grinnell public library district; and to amend chap-
  ter 672 of the laws of 1993 amending the public authorities law relat-
  ing 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 towns of Wappinger and Pough-
keepsie, county of Dutchess,  a  public  library  district  which  shall
consist  of  the  entire village of Wappingers Falls, including both the
portion located in the town of Wappinger and the portion located in  the
town  of  Poughkeepsie, hereinafter referred to as the village, and also
including the town of Wappinger, hereinafter referred to  as  the  town,
except for those parcels in the town that are located in the Beacon City
School  District,  and  shall  be  known  as the Grinnell public library
district, hereinafter referred to as the  district.  The  district  will
operate a public library to be known as the Grinnell 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 Grin-
nell library, and nine trustees are elected by a vote of the majority of
the qualified voters voting in an election held, not later September 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-
tees of the existing Grinnell 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 Grinnell library shall be created or not; and
  (b) the election of nine trustees as provided by this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15382-01-2

S. 7000                             2

  The board of trustees of the  existing  Grinnell  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  Grinnell
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 Grinnell
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 Grinnell library  shall  serve  as  chairperson  or  as  an
election  inspector or ballot clerk. The board of trustees of the exist-
ing Grinnell 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 Grinnell 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 Grinnell library and the town and village clerks.  If a majori-
ty 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 Grinnell 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 Grinnell 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
Grinnell 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
Grinnell  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 limi-
tation applicable to other candidates is filed with the secretary of the

S. 7000                             3

board of trustees of the existing Grinnell library. Each petition  shall
be  filed  with  the  secretary of the board of trustees of the existing
Grinnell 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 Grinnell
public library district.
  S 3. Organization and structure. The Grinnell 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
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
clerks of the town and village on or before the first day of November an
estimate of the proposed budget including costs of library  services  to

S. 7000                             4

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 shall levy a tax against all of the real
property  lying  within  the Grinnell public library district except the
real property lying within the village, and the  village  board  of  the
village  shall  levy  a  tax  against the remainder of the real property
lying within the Grinnell public library district, which together  shall
equal  the  amount  to be raised by tax as approved by the voters of the
Grinnell public library district. Such tax shall be levied by  the  town
and  village  in proportion to the total combined full value of the real
property lying within the town, excluding the parcels lying  within  the
village  and  excluding  the parcels lying within the Beacon City School
District, and of the real property lying within the  village.  The  town
board  and  village  board  shall  pay  the  full amount of the tax levy
approved by the voters over to the  treasurer  of  the  Grinnell  public
library district pursuant to the schedule set forth in this section. The
town  board and village board shall each annually pay over to the treas-
urer of the Grinnell public library 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  levy.  If
necessary  to  meet  this schedule, the town board and village board may
each 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 Grinnell 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  speci-
fied  in  the  notice.  The  proceeds  of  such  bonds,  notes, or other
evidences of indebtedness shall be paid to the treasurer of the Grinnell
public library 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 Grinnell 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.
  6.  The  treasurer  of  the  Grinnell 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 and the village 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 Grin-
nell 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  item-
ized  voucher  therefor  shall be presented to the board of trustees for

S. 7000                             5

audit and allowance. The provisions of this section shall not be  appli-
cable 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 of the Grinnell public library
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  Grinnell  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 acquisition of real and personal property,
both tangible and intangible, and all trust and other funds, are  effec-
tuated by operation of law pursuant to the authority of this act, except
that, for purposes of clarity of real property records, deeds of convey-
ance  shall be executed and filed for any parcels of real property. Upon
the transfer of all such property, the existing Grinnell  library  shall
be  deemed  dissolved. Upon the granting of such charter by the board of
regents, all employees of the existing  Grinnell  library  shall  become
employees  of the district upon the same terms and conditions of employ-
ment and at the same rate of pay as their  previous  employment  by  the
existing Grinnell 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 and the village are 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 and village issued for the purpose of the Grinnell  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 Grinnell 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 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

S. 7000                             6

  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
  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. GRINNELL 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  Grinnell public library district shall come into existence pursuant
to this act; provided that the trustees of the Grinnell  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.

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.