S T A T E O F N E W Y O R K
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10634--A
I N A S S E M B L Y
April 13, 2010
___________
Introduced by M. of A. P. LOPEZ -- read once and referred to the Commit-
tee on Libraries and Education Technology -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend chapter 313 of the laws of 2004 relating to creating the
D.R. Evarts library district in a portion of the town of Athens, in
relation to filling vacancies on the board of trustees and in relation
to budget proposals; 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 D.R. Evarts 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. Subdivisions 1 and 3 of section 2 of chapter 313 of the
laws of 2004 relating to creating the D.R. Evarts library district in a
portion of the town of Athens, are amended to read as follows:
1. The public library district herein described shall not come into
existence unless and until it is approved and the initial proposed budg-
et is approved by a vote of the majority of the qualified voters voting
in an election held pursuant to the following provisions:
Upon receipt of a petition signed by not less than one hundred voters
qualified to vote at a general town election, the board of trustees of
the existing D.R. Evarts library shall give notice of an election to be
held prior to December 31, 2004. If a majority of the 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
issue shall be:
(a) whether the public library district therein described shall be
created or not;
(b) whether the initial budget therefor proposed by the board of trus-
tees of the D.R. Evarts library shall be approved or disapproved; and
(c) 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.
LBD16478-04-0
A. 10634--A 2
The trustees of the existing D.R. Evarts library shall give notice of
such election by the publication 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 D.R. Evarts 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 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
[thereof at all elections] WHICH SHALL BE from 7:00 a.m. until 8:00
p.m.; PROVIDED, HOWEVER THAT FOR ALL SUBSEQUENT ELECTIONS THE POLLS
SHALL BE OPEN FROM 12:00 P.M. UNTIL 9:00 P.M. THE BOARD OF TRUSTEES OF
THE D.R. EVARTS LIBRARY DISTRICT MAY, TO THE EXTENT AUTHORIZED BY LAW,
AUTHORIZE THE USE OF ABSENTEE BALLOTS FOR ALL SUCH SUBSEQUENT ELECTIONS.
The board of trustees of the existing D.R. Evarts library shall desig-
nate 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 at the polling place which
shall be the D.R. Evarts library to act as election inspectors and
ballot clerks at such elections. No 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. 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]
SEVEN DAYS FOLLOWING THE DAY OF ELECTION, the chairperson, election
inspectors, and ballot clerks shall execute and file a certificate of
the result of the canvass with the board of trustees and the Athens town
clerk.
3. Candidates for the office of member of the board of trustees of the
D.R. Evarts 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, EXCEPT FOR VACANCIES FILLED BY
APPOINTMENT BETWEEN ANNUAL ELECTIONS AS PROVIDED IN SECTION THREE OF
THIS ACT. Each petition shall be directed to the secretary of the board
of trustees, shall be signed by at least [fifty] 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 candidacy prior to the election, such
person shall not be considered a candidate unless a new petition nomi-
nating such person in the same manner and within the same time limita-
tion 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 between the hours of 9:00 a.m. and 5:00 p.m., not
later than the thirtieth day preceding the election at which time the
candidates are to be elected. In the event that the district is created,
petitions nominating candidates for the board of trustees after the
initial election shall be filed with the secretary of the D.R. Evarts
library district.
A. 10634--A 3
S 2. Section 3 of chapter 313 of the laws of 2004 relating to creating
the D.R. Evarts library district in a portion of the town of Athens, is
amended to read as follows:
S 3. Organization and structure. The D.R. Evarts library district
shall be managed, operated, and controlled by a board of trustees
consisting of nine members. The trustees shall, at the first regular
meeting of the board, determine by lot the year in which each of their
terms of office expire, and the terms shall expire as follows: after one
year three trustees; after two years three trustees; after three years
three trustees.
As vacancies occur UPON THE EXPIRATION OF TERMS, 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 hereby created, such
terms to commence on the first day of the month next following the
election; PROVIDED, HOWEVER THAT A VACANCY OCCURRING ON THE BOARD
BETWEEN ANNUAL ELECTIONS MAY BE FILLED BY BOARD APPOINTMENT FOR THE
PERIOD REMAINING UNTIL THE NEXT ANNUAL ELECTION IN ACCORDANCE WITH THE
BYLAWS OF THE BOARD. 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 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 necessary. If the board so deter-
mines, 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
officer may, if the board so determines, receive compensation as fixed
by resolution of the board.
S 3. Section 4 of chapter 313 of the laws of 2004 relating to creating
the D.R. Evarts library district in a portion of the town of Athens, is
amended to read as follows:
S 4. Finances. 1. The initial budget for the D.R. Evarts library
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 PROPOSE TO increase the D.R. Evarts library proposed total operat-
ing 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 pursuant to section two of
this act FOR A VOTE ON THE PROPOSED INCREASE. Funds voted for library
purposes at the initial election and at all [future] SUBSEQUENT budget
elections shall be considered an annual appropriation therefor and shall
be levied and collected yearly in the same manner and at the same time
as other taxes in the town of Athens. IN ANY YEAR IN WHICH AN INCREASE
HAS BEEN APPROVED, THE ANNUAL APPROPRIATION SHALL BE THE AMOUNT OF THE
APPROVED INCREASE TOGETHER WITH THE AMOUNT OF THE LAST PRECEDING FISCAL
YEAR'S APPROVED BUDGET. IN ANY YEAR IN WHICH A DECREASE TO THE LAST
PRECEDING FISCAL YEAR'S APPROVED BUDGET IS PROPOSED, WHICH PROPOSED
DECREASE SHALL BE SUBMITTED TO THE RESIDENTS FOR APPROVAL IN THE SAME
MANNER AS A PROPOSED INCREASE, THE ANNUAL APPROPRIATION SHALL BE THE
AMOUNT OF THE LAST PRECEDING FISCAL YEAR'S APPROVED BUDGET LESS THE
AMOUNT OF THE APPROVED DECREASE. IN ANY YEAR IN WHICH NEITHER AN
INCREASE OR DECREASE TO THE LAST PRECEDING FISCAL YEAR'S BUDGET IS
APPROVED, THE ANNUAL APPROPRIATION SHALL BE THE AMOUNT OF THE LAST
PRECEDING FISCAL YEAR'S BUDGET.
2. The board of trustees shall annually file with the clerk of the
town of Athens, on or before the first day of August, 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
A. 10634--A 4
day of January of the following year. The town shall not make any change
in the estimate of revenues or expenditures submitted by the board of
the library district in preparation of its preliminary budget.
3. The town board of the town of Athens shall levy a tax against the
real property lying within the D.R. Evarts library district for the
amount to be raised by tax as contained in the annual budget of the D.R.
Evarts library district. The town board 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 therefor.
4. The town board of the town of Athens shall have the power to
authorize, sell, and issue bonds, notes, and other evidences of indebt-
edness 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 D.R.
Evarts 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 D.R. Evarts 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 D.R. Evarts 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 D.R. Evarts library district shall be custo-
dian of all funds of the library 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 school district 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 Athens shall promptly pay over to
the D.R. Evarts 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] APPROVAL BY
THE FINANCE COMMITTEE ESTABLISHED IN ACCORDANCE WITH BYLAWS ADOPTED BY
the board of trustees. The FINANCE COMMITTEE OF THE board of trustees of
the D.R. Evarts library district shall [audit] REVIEW all claims and
shall order the payment thereof, except as otherwise provided by this
section. No such claims shall be [audited] REVIEWED or ordered paid by
the [trustees] FINANCE COMMITTEE unless an itemized voucher therefor
shall be presented to the [board of trustees] FINANCE COMMITTEE for
[audit] REVIEW and [allowance] APPROVAL OF PAYMENT. The provisions of
this section shall not be applicable to payment of claims of fixed sala-
ries and amounts which the library districts 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.
7. THE BOARD OF TRUSTEES SHALL OBTAIN AN INDEPENDENT AUDIT OR REVIEW
OF THE FINANCES OF THE D.R. EVARTS LIBRARY DISTRICT AS AND WHEN REQUIRED
BY STATE LAW.
S 4. Section 5 of chapter 672 of the laws of 1993, amending the public
authorities law relating to the construction and financing of facilities
A. 10634--A 5
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
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
D.R. EVARTS LIBRARY DISTRICT
S 5. This act shall take effect immediately.