Assembly Bill A10355

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

                                10355--A

                          I N  A S S E M B L Y

                             March 19, 2010
                               ___________

Introduced by M. of A. GORDON -- 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  to  provide for the creation of the Brunswick community library
  district in the county of Rensselaer; and to amend chapter 672 of  the
  laws  of  1993,  amending  the  public authorities law relating to the
  construction and financing of facilities for certain public libraries,
  in relation to including  the  Brunswick  community  library  district
  within the provisions of such chapter

  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
may be created pursuant to this act  in  the  county  of  Rensselaer,  a
public  library  district  which  shall include all of the town of Brun-
swick, and shall be known as the "Brunswick community library district".
  S 2. Election. (a) The Brunswick community library district shall  not
come  into  existence  unless  and  until  it  is  approved, the initial
proposed budget is approved, and seven trustees are elected by a vote of
the majority of the qualified  voters  in  the  district  voting  in  an
election  held  pursuant  to  this  section.  Upon receipt of a petition
signed by not less than fifty voters qualified  to  vote  at  a  general
election  and  residing  within  the  area of the proposed district, the
board of trustees of the existing Brunswick  community  library  associ-
ation  shall give notice of an election to be conducted pursuant to this
act. Such election shall be held within one year of the  effective  date
of  this  act. If a majority of such voters approve the formation of the
district, then the district shall come into existence on the  terms  and
conditions  set forth in this act. At such election the issues shall be:
(i) whether the public library district shall be  created  or  not,  and
whether the initial budget therefor proposed by the board of trustees of
the  Brunswick community library association shall be approved or disap-
proved; and (ii) the election of seven trustees as provided  by  section

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

                                                           LBD16045-02-0

A. 10355--A                         2

three  of  this  act.  The  trustees of the existing Brunswick community
library association shall give notice of such election by  the  publica-
tion  of a notice 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  Brunswick  community library association 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  time  when  and  the  place  where  such
election will be held, the issues to be decided at such election and the
hours  during  which  polls will be open for the receipt of ballots. The
board of trustees of the existing Brunswick  community  library  associ-
ation  shall  prepare the ballots for such elections and the polls shall
remain open for the receipt thereof at all  elections  from  12:00  p.m.
until 9:00 p.m.  Furthermore, the board of trustees, in consultation and
cooperation  with  the  board  of elections of the county of Rensselaer,
shall provide for the distribution and acceptance of absentee ballots in
accordance with the provisions of the election law.  The board of  trus-
tees  of  the  existing  Brunswick  community  library association 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 four resident qualified voters to act as election
inspectors and ballot clerks at such elections. No trustee or  candidate
for  the  office of trustee shall serve as chairperson or as an election
inspector or ballot clerk. The board of trustees may adopt a  resolution
providing  that  such chairperson, election inspectors and ballot clerks
shall be paid for their respective services at the initial  election  or
at  subsequent  elections,  should the library district be created. Such
resolution, if adopted, may fit reasonable compensation for services  of
such  officials.  Every  voter  otherwise qualified to vote at a general
election and residing within the area of the proposed district shall  be
qualified  to vote at said election. After the polls have closed at such
election, the election inspectors and the ballot clerks shall immediate-
ly canvass publicly the ballots cast and the chairperson of the election
shall publicly announce the result.  Within seventy-two hours  thereaft-
er, 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 Brunswick community library association and the
town clerk of the town of Brunswick.
  (b) In the event that the library district is created, there shall  be
an  annual  election conducted by the board of trustees of the Brunswick
community library district in accordance with the provisions of subdivi-
sion (a) of this section, at a time to be set by the library  district's
board,  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.
  (c) Candidates for the office of member of the board  of  trustees  of
the Brunswick community 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 secretary of the board of trustees, 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

A. 10355--A                         3

the  candidate. In the event that any such nominee shall withdraw candi-
dacy prior to the election, such person shall not be considered a candi-
date 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 secretary of the board of  trustees.  Each  petition  shall  be
filed  with the secretary of the board of trustees at the library during
the hours of operation Monday through Saturday, not later than the thir-
tieth day preceding the election at which time the candidates  nominated
are  to  be elected.   Petitions for candidates for the initial board of
trustees of the Brunswick community library district shall be filed with
the secretary of the Brunswick community  library  association.  In  the
event  that the new district is created, petitions nominating candidates
for the board of trustees after the initial election shall be filed with
the secretary of the Brunswick community library district.
  (d) At any election of such district, the voters may adopt a  proposi-
tion providing that, in all subsequent elections, vacancies on the board
of  trustees shall be considered separate, specific offices and that the
nominating petitions shall describe the specific vacancy upon the  board
of  trustees  for  which  the  candidate is nominated, which description
shall include at least the length of the term of the office and the name
of the last incumbent, if any. No person shall  be  nominated  for  more
than  one specific office. Such procedure shall be followed with respect
to all nominations and election in subsequent  years  until  and  unless
such  proposition is repealed by the electors of the district at a regu-
lar election by adoption of a proposition to repeal the same.
  S 3. Organization  and  structure.  The  Brunswick  community  library
district  shall  be managed, operated and controlled by a board of trus-
tees consisting of seven members. The trustees shall take office on  the
first  day of the month following their election and shall, at the first
regular meeting of the board, determine when the term of office of  each
member  shall expire as follows: the three trustees receiving the first,
second and third highest number of votes shall serve  for  three  years;
the  two trustees receiving the fourth and fifth highest number of votes
shall serve for two years; and the two trustees receiving the sixth  and
seventh highest number of votes shall serve for one year.  Every trustee
shall  take  and  file  an  oath of office pursuant to section 10 of the
public officers law within 30 days  of  taking  office.    As  vacancies
occur,  trustees shall be elected at the annual election provided for by
this act to serve three year terms by the voters of the library district
created pursuant to this act, such terms to commence on the first day of
the month next following the election.  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 fiscal 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 neces-
sary. 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 resolution of the board.
  S 4. Finances. (a) The initial  budget  for  the  Brunswick  community
library  district  shall  be  determined  by a vote of the voters of the
district in the initial election as provided for in  this  section.  All
future  budgets  that  increased  or  decreased  the Brunswick community
library district proposed total operating expenditures  over  the  total
operating  expenditures in the last preceding fiscal year's budget shall
be submitted to the residents voting at the annual election of  trustees

A. 10355--A                         4

pursuant to section two of this act. Funds voted for library purposes at
the initial election and at all future budget elections shall be consid-
ered an annual appropriation therefore and shall be levied and collected
yearly  in  the  same manner and at the same time as other real property
taxes in the town of Brunswick.
  (b) The board of trustees shall annually file with the financial offi-
cers of the town of Brunswick, the dollar amount to be  raised  by  levy
for  the  library  district.  Such town shall not make any change in the
dollar amount submitted to the town of Brunswick by  the  board  of  the
library district.
  (c)  The  town of Brunswick shall levy a tax against the real property
lying within the district  for  the  amount  to  be  raised  by  tax  as
contained  in  the  annual  budget  of  the  Brunswick community library
district. The town of Brunswick may issue tax anticipation notes, reven-
ue anticipation notes and budget notes pursuant  to  article  2  of  the
local finance law to obtain the necessary moneys therefore.
  (d) The town of Brunswick 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  library  district  to  provide
facilities  or  improved  facilities  for library purposes. Upon written
request from the board of trustees of the  Brunswick  community  library
district,  after  approval  by  the  qualified  voters  of  such library
district, the town of Brunswick 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 Brunswick community 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.
  (e)  The board of trustees of the Brunswick community 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.
  (f) The treasurer of the Brunswick community library district shall be
custodian  of  all  funds  of  the library district, including gifts and
trust funds paid over to the trustees. The board of trustees may author-
ize 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 of Brunswick may be invested in  accordance  with
section  165.00  of  the  local finance law. The town of Brunswick shall
promptly pay over to the Brunswick community library district all moneys
which belong to or are raised for the library district. No moneys  shall
be disbursed by the treasurer of the library district except after audit
by  the board of trustees. The board of trustees of the Brunswick commu-
nity library district shall audit all claims and shall order the payment
thereof, except as otherwise provided by this section.  No  such  claims
shall  be  reviewed  or  ordered paid by the trustees unless an itemized
voucher therefore shall be  presented  to  the  board  of  trustees  for
approval  and  allowance. The foregoing requirement that no moneys shall
be disbursed by the treasurer of the district except after  approval  by
the  board  of  trustees shall not be applicable to payment of claims of
fixed salaries and amounts which the library district may be required to
pay on account of retirement contributions for past or current  services
to  officers  and employees of the library district. The treasurer shall
keep such records in such manner as the board of trustees may require.

A. 10355--A                         5

  S 5. Charter, commencement of operations, and transfer of property and
employees. The initially elected trustees shall, within thirty days from
the date of approval of the  library  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,
then the Brunswick community library association shall be dissolved, and
title to all liabilities and assets, including all  property,  real  and
personal,  and  all  other  tangible  and intangible property, trust and
other funds, and all other obligations, held by the Brunswick  community
library  association shall be transferred to, vested in, and be acquired
by the Brunswick community library district  established  by  this  act.
Upon the granting of such charter by the board of regents, all employees
of the Brunswick community library association shall become employees of
the  library  district  upon the same terms and conditions of employment
and at the same rate of pay as their previous employment  by  the  Brun-
swick  community library association, and the employees of the Brunswick
community library district shall be subject to the civil service law.
  S 6.  Ad valorem levy. The several lots and parcels of land within the
area of the library district are hereby determined to  be  benefited  by
the  library facilities and devises existing as of the effective date of
this act, and the town of Brunswick 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
library of municipality issued for the purpose of the Brunswick communi-
ty 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 municipal 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 Brunswick community library  district  established  by
this act.
  S 8. 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 chapters 233, 283
and 422 of the laws of 2008, 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

A. 10355--A                         6

  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
  BRUNSWICK COMMUNITY LIBRARY DISTRICT
  S  9.  This  act shall take effect immediately; provided, that section
eight of this act shall take effect on the same date  as  the  Brunswick
community  library  district  shall come into existence pursuant to this
act; provided that the  trustees  of  the  Brunswick  community  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.

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

                                10355--B
                                                        Cal. No. 959

                          I N  A S S E M B L Y

                             March 19, 2010
                               ___________

Introduced by M. of A. GORDON -- 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  --  reported from committee, advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

AN ACT to provide for the creation of the  Brunswick  community  library
  district  in the county of Rensselaer; and to amend chapter 672 of the
  laws of 1993, amending the public  authorities  law  relating  to  the
  construction and financing of facilities for certain public libraries,
  in  relation  to  including  the  Brunswick community library district
  within the provisions of such chapter

  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
may  be  created  pursuant  to  this  act in the county of Rensselaer, a
public library district which shall include all of  the  town  of  Brun-
swick, and shall be known as the "Brunswick community library district".
  S  2. Election. (a) The Brunswick community library district shall not
come into existence  unless  and  until  it  is  approved,  the  initial
proposed budget is approved, and seven trustees are elected by a vote of
the  majority  of  the  qualified  voters  in  the district voting in an
election held pursuant to this  section.  Upon  receipt  of  a  petition
signed  by  not  less  than  fifty voters qualified to vote at a general
election and residing within the area  of  the  proposed  district,  the
board  of  trustees  of the existing Brunswick community library associ-
ation shall give notice of an election to be conducted pursuant to  this
act.  Such  election shall be held within one year of the effective date
of this act. If a majority of such voters approve the formation  of  the
district,  then  the district shall come into existence on the terms and
conditions set forth in this act. At such election the issues shall  be:
(i)  whether  the  public  library district shall be created or not, and
whether the initial budget therefor proposed by the board of trustees of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD16045-05-0

A. 10355--B                         2

the Brunswick community library association shall be approved or  disap-
proved;  and  (ii) the election of seven trustees as provided by section
three of this act. The trustees  of  the  existing  Brunswick  community
library  association  shall give notice of such election by the publica-
tion of a notice 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  Brunswick  community library association 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  time  when  and  the  place  where  such
election will be held, the issues to be decided at such election and the
hours  during  which  polls will be open for the receipt of ballots. The
board of trustees of the existing Brunswick  community  library  associ-
ation  shall  prepare the ballots for such elections and the polls shall
remain open for the receipt thereof at all  elections  from  12:00  p.m.
until 9:00 p.m.  Furthermore, the board of trustees, in consultation and
cooperation  with  the  board  of elections of the county of Rensselaer,
shall provide for the distribution and acceptance of absentee ballots in
accordance with the provisions of the election law.  The board of  trus-
tees  of  the  existing  Brunswick  community  library association 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 four resident qualified voters to act as election
inspectors and ballot clerks at such elections. No trustee or  candidate
for  the  office of trustee shall serve as chairperson or as an election
inspector or ballot clerk. The board of trustees may adopt a  resolution
providing  that  such chairperson, election inspectors and ballot clerks
shall be paid for their respective services at the initial  election  or
at  subsequent  elections,  should the library district be created. Such
resolution, if adopted, may fit reasonable compensation for services  of
such  officials.  Every  voter  otherwise qualified to vote at a general
election and residing within the area of the proposed district shall  be
qualified  to vote at said election. After the polls have closed at such
election, the election inspectors and the ballot clerks shall immediate-
ly canvass publicly the ballots cast and the chairperson of the election
shall publicly announce the result.  Within seventy-two hours  thereaft-
er, 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 Brunswick community library association and the
town clerk of the town of Brunswick.
  (b) In the event that the library district is created, there shall  be
an  annual  election conducted by the board of trustees of the Brunswick
community library district in accordance with the provisions of subdivi-
sion (a) of this section, at a time to be set by the library  district's
board,  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.
  (c) Candidates for the office of member of the board  of  trustees  of
the Brunswick community 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 secretary of the board of trustees, shall  be  signed

A. 10355--B                         3

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 nominee shall withdraw candi-
dacy prior to the election, such person shall not be considered a candi-
date 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 secretary of the board of  trustees.  Each  petition  shall  be
filed  with the secretary of the board of trustees at the library during
the hours of operation Monday through Saturday, not later than the thir-
tieth day preceding the election at which time the candidates  nominated
are  to  be elected.   Petitions for candidates for the initial board of
trustees of the Brunswick community library district shall be filed with
the secretary of the Brunswick community  library  association.  In  the
event  that the new district is created, petitions nominating candidates
for the board of trustees after the initial election shall be filed with
the secretary of the Brunswick community library district.
  (d) At any election of such district, the voters may adopt a  proposi-
tion providing that, in all subsequent elections, vacancies on the board
of  trustees shall be considered separate, specific offices and that the
nominating petitions shall describe the specific vacancy upon the  board
of  trustees  for  which  the  candidate is nominated, which description
shall include at least the length of the term of the office and the name
of the last incumbent, if any. No person shall  be  nominated  for  more
than  one specific office. Such procedure shall be followed with respect
to all nominations and election in subsequent  years  until  and  unless
such  proposition is repealed by the electors of the district at a regu-
lar election by adoption of a proposition to repeal the same.
  S 3. Organization  and  structure.  The  Brunswick  community  library
district  shall  be managed, operated and controlled by a board of trus-
tees consisting of seven members. The trustees shall take office on  the
first  day of the month following their election and shall, at the first
regular meeting of the board, determine when the term of office of  each
member  shall expire as follows: the three trustees receiving the first,
second and third highest number of votes shall serve  for  three  years;
the  two trustees receiving the fourth and fifth highest number of votes
shall serve for two years; and the two trustees receiving the sixth  and
seventh highest number of votes shall serve for one year.  Every trustee
shall  take  and  file  an  oath of office pursuant to section 10 of the
public officers law within 30 days  of  taking  office.    As  vacancies
occur,  trustees shall be elected at the annual election provided for by
this act to serve three year terms by the voters of the library district
created pursuant to this act, such terms to commence on the first day of
the month next following the election.  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 fiscal 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 neces-
sary. 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 resolution of the board.
  S 4. Finances. (a) The initial  budget  for  the  Brunswick  community
library  district  shall  be  determined  by a vote of the voters of the
district in the initial election as provided for in  this  section.  All
future  budgets  that  increased  or  decreased  the Brunswick community
library district proposed total operating expenditures  over  the  total

A. 10355--B                         4

operating  expenditures in the last 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 budget elections shall be consid-
ered an annual appropriation therefore and shall be levied and collected
yearly  in  the  same manner and at the same time as other real property
taxes in the town of Brunswick.
  (b) The board of trustees shall annually file with the financial offi-
cers of the town of Brunswick, the dollar amount to be  raised  by  levy
for  the  library  district.  Such town shall not make any change in the
dollar amount submitted to the town of Brunswick by  the  board  of  the
library district.
  (c)  The  town of Brunswick shall levy a tax against the real property
lying within the district  for  the  amount  to  be  raised  by  tax  as
contained  in  the  annual  budget  of  the  Brunswick community library
district.  However, nothing in this act shall be construed as  supersed-
ing  any valid property tax exemptions.  The town of Brunswick may issue
tax anticipation notes, revenue  anticipation  notes  and  budget  notes
pursuant  to  article 2 of the local finance law to obtain the necessary
moneys therefore.
  (d) The town of Brunswick 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 library district to provide
facilities or improved facilities for  library  purposes.  Upon  written
request  from  the  board of trustees of the Brunswick community library
district, after  approval  by  the  qualified  voters  of  such  library
district,  the  town  of Brunswick 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 Brunswick community 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.
  (e) The board of trustees of the Brunswick community 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.
  (f) The treasurer of the Brunswick community library district shall be
custodian of all funds of the  library  district,  including  gifts  and
trust funds paid over to the trustees. The board of trustees may author-
ize  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 of Brunswick may be invested in accordance with
section 165.00 of the local finance law. The  town  of  Brunswick  shall
promptly pay over to the Brunswick community library district all moneys
which  belong to or are raised for the library district. No moneys shall
be disbursed by the treasurer of the library district except after audit
by the board of trustees. The board of trustees of the Brunswick  commu-
nity library district shall audit all claims and shall order the payment
thereof,  except  as  otherwise provided by this section. No such claims
shall be reviewed or ordered paid by the  trustees  unless  an  itemized
voucher  therefore  shall  be  presented  to  the  board of trustees for
approval and allowance. The foregoing requirement that no  moneys  shall
be  disbursed  by the treasurer of the district except after approval by
the board of trustees shall not be applicable to payment  of  claims  of

A. 10355--B                         5

fixed salaries and amounts which the library district may be required to
pay  on account of retirement contributions for past or current services
to officers and employees of the library 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 thirty days from
the  date  of  approval  of  the  library  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,
then the Brunswick community library association shall be dissolved, and
title to all liabilities and assets, including all  property,  real  and
personal,  and  all  other  tangible  and intangible property, trust and
other funds, and all other obligations, held by the Brunswick  community
library  association shall be transferred to, vested in, and be acquired
by the Brunswick community library district  established  by  this  act.
Upon the granting of such charter by the board of regents, all employees
of the Brunswick community library association shall become employees of
the  library  district  upon the same terms and conditions of employment
and at the same rate of pay as their previous employment  by  the  Brun-
swick  community library association, and the employees of the Brunswick
community library district shall be subject to the civil service law.
  S 6.  Ad valorem levy. The several lots and parcels of land within the
area of the library district are hereby determined to  be  benefited  by
the  library facilities and devises existing as of the effective date of
this act, and the town of Brunswick 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
library of municipality issued for the purpose of the Brunswick communi-
ty 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 municipal 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 Brunswick community library  district  established  by
this act.
  S 8. 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 chapters 233, 283
and 422 of the laws of 2008, 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

A. 10355--B                         6

  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
  BRUNSWICK COMMUNITY LIBRARY DISTRICT
  S  9.  This  act shall take effect immediately; provided, that section
eight of this act shall take effect on the same date  as  the  Brunswick
community  library  district  shall come into existence pursuant to this
act; provided that the  trustees  of  the  Brunswick  community  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.