S T A T E   O F   N E W   Y O R K
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                                 6414--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M. of A. KATZ -- read once and referred to the Committee
  on Libraries and Education Technology --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT creating the Reed Memorial public library district in the town of
  Carmel, New York; and to amend chapter 672 of the laws of 1993  amend-
  ing  the  public  authorities  law  relating  to  the construction and
  financing of facilities for certain public libraries, in  relation  to
  including  the  Reed  Memorial  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  town  of  Carmel,  county  of
Putnam, a public library district which shall be known as the Reed Memo-
rial  public  library district, hereinafter referred to as the district,
and which shall consist of all the territory within the town of  Carmel,
excluding the Mahopac central school district. The district will operate
a public library to be known as the Reed Memorial 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 Liter-
ary  Union of Carmel, New York, and seven trustees are elected by a vote
of the majority of the qualified voters voting in an election held,  not
later than January 31, 2015, 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  Literary  Union  of Carmel, New York, 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.
                                                           LBD09155-02-3
              

A. 6414--A                          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 Literary Union of Carmel, New York,  shall  be  created  or
not; and
  (b) the election of seven trustees as provided by this act.
  The  board  of  trustees of the existing Literary Union of Carmel, New
York, 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 Literary Union of Carmel, New  York,  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  Literary  Union  of Carmel, New York, 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 Literary Union of Carmel, New York, shall serve as chairperson or as
an  election  inspector  or  ballot  clerk. The board of trustees of the
existing Literary Union of Carmel, New  York,  may  adopt  a  resolution
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 other-
wise qualified to vote at a general election in the town shall be quali-
fied to vote at said election. The board of  trustees  of  the  existing
Literary  Union  of  Carmel,  New York, 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  inspec-
tors  and  ballot  clerks  shall  execute  and file a certificate of the
result of the canvass with the board of trustees of the existing  Liter-
ary  Union of Carmel, New York, 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 Liter-
ary  Union of Carmel, New York, then the district shall come into exist-
ence 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 Reed Memorial  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
Reed  Memorial  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

A. 6414--A                          3

Literary Union of Carmel, New York, 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 secre-
tary of the board of trustees of the existing Literary Union of  Carmel,
New  York.  Each petition shall be filed with the secretary of the board
of trustees of the existing Literary Union of Carmel, New York,  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 Reed Memorial public library district.
  S 3. Organization and structure.  The  Reed  Memorial  public  library
district  shall be managed, operated, and controlled by a board of trus-
tees consisting of seven 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 and fifth highest number of votes shall
each serve for two years, and  the  trustees  receiving  the  sixth  and
seventh highest number of votes shall each serve for one year. As vacan-
cies  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, 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
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

A. 6414--A                          4

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 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 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  expendi-
tures  submitted  by  the  board  of  the district in preparation of its
preliminary budget.
  3. The town board of the town of Carmel 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 to meet this  sched-
ule, 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
Carmel  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-

A. 6414--A                          5

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 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 Literary
Union of Carmel, New York, 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 Literary Union of
Carmel, New York shall be deemed dissolved. Upon the  granting  of  such
charter  by the board of regents, all employees of the existing Literary
Union of Carmel, New York 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 Literary Union  of  Carmel,
New York.
  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 Carmel 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 district, as may be hereafter author-
ized  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, is amended by adding a new subdivision 46
to read as follows:
  46. REED MEMORIAL PUBLIC LIBRARY DISTRICT
  S 10. This act shall take effect immediately.