S T A T E   O F   N E W   Y O R K
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                                  5560

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 21, 2013
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

AN ACT to establish the Reed memorial 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 dormito-
  ry 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 consist of the entire town
of  Carmel, hereinafter referred to in this act as the "town", and shall
be known as the  Reed  memorial  public  library  district,  hereinafter
referred  to  in this act as the "district". The district will operate a
public library to be known as the Reed memorial public library.
  S 2. Election. 1. The district described in this act  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
Reed  memorial  library, and seven trustees are elected by a vote of the
majority of the qualified voters voting in an election held,  not  later
than September 30, 2014, 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 Reed memorial library shall conduct an election at
which the issues shall be:
  (a) whether the public library district described in this act with the
initial budget in support thereof proposed by the board of  trustees  of
the existing Reed memorial library shall be created or not; and
  (b) the election of seven trustees as provided by this act.
  The board of trustees of the existing Reed memorial 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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09979-01-3

S. 5560                             2

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 Reed memo-
rial library shall cause copies of such notice to be posted conspicuous-
ly  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
Reed memorial 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 Reed memorial library shall serve as chair-
person or as an election inspector or ballot clerk. The board  of  trus-
tees  of  the  existing  Reed  memorial  library  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
Reed  memorial  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 certificate of the result of the  canvass  with
the board of trustees of the existing Reed memorial 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  Reed  memorial 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 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
Reed memorial 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
board  of  trustees of the existing Reed memorial library. Each petition
shall be filed with the secretary of the board of trustees of the exist-

S. 5560                             3

ing Reed memorial 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 candi-
dates 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 memo-
rial 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 and second
highest number of votes shall each serve for three years,  the  trustees
receiving  the third and fourth highest number of votes shall each serve
for two years, and the trustees receiving the fifth and sixth 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 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 presi-
dent and vice-president, who shall be members of the board, and a secre-
tary,  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 compen-
sation 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 provided for in this act. 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
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

S. 5560                             4

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 Reed memorial public library district, which
shall equal the amount to be raised by tax as approved by the voters  of
the  Reed  memorial public library district. Such tax shall be levied by
the town in proportion to the total combined  full  value  of  the  real
property  lying  within  the  town.    The town board shall pay the full
amount of the tax levy approved by the voters over to the  treasurer  of
the  Reed  memorial public library district pursuant to the schedule set
forth in this section. The town board shall annually  pay  over  to  the
treasurer  of the Reed memorial public library district on or before the
thirtieth day after the town's tax  collection  period  ends,  the  full
amount  of  the levy due from the parcels subject to the levy. If neces-
sary to meet this schedule, 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 Reed memorial 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 Reed memorial public
library district and maintained in a segregated  account  in  accordance
with  section 165.00 of the local finance law and expended by the treas-
urer only on specific authorization by the board of trustees.
  5. The board of trustees of the Reed memorial 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 Reed memorial 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 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  Reed  memorial  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 of the  Reed  memorial  public

S. 5560                             5

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, held
by the existing Reed memorial library shall be transferred to, vested in
and acquired by the district established by this act. The provisions  of
this  act  for transfer to, vesting and acquisition of real and personal
property, both tangible and intangible, and all trust and  other  funds,
shall  be  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 property, the existing Reed
memorial library shall be deemed dissolved. Upon the  granting  of  such
charter  by  the  board  of  regents, all employees of the existing Reed
memorial 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 Reed memorial 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 is hereby authorized to assess, levy and  collect  the
necessary  expenses of operation, maintenance and repair of such facili-
ties 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 Reed memorial public 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  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  Reed  memorial 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 expendi-
tures. 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; provided that subdivi-
sion 46 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 Reed
memorial public library district shall come into existence  pursuant  to
this act; provided that the trustees of the Reed memorial 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.