S T A T E   O F   N E W   Y O R K
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    S. 8053--A                                           A. 11329--A

                      S E N A T E - A S S E M B L Y

                              June 3, 2010
                               ___________

IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

IN  ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
  A. Jordan) -- read once and referred to the Committee on Libraries and
  Education Technology -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to provide for the creation of the Stephentown Memorial 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  Stephentown  Memorial  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 Stephen-
town, and shall be known as the "Stephentown Memorial library district".
  S 2. Election. (a) The Stephentown Memorial 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 Stephentown Memorial 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

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

                                                           LBD17307-03-0

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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 Stephentown Memorial 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  Stephentown  Memorial
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  Stephentown Memorial 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 Stephentown Memorial  library  associ-
ation  shall  prepare the ballots for such elections and the polls shall
remain open for the receipt thereof at  all  elections  from  7:00  a.m.
until 8:00 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  Stephentown  Memorial 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 Stephentown Memorial  library  association  and
the town clerk of the town of Stephentown.
  (b)  In the event that the library district is created, there shall be
an annual election conducted by the board of trustees of the Stephentown
Memorial 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 Stephentown Memorial library district shall be  nominated  by  peti-
tion.  No vacancy on the board of trustees to be filled shall be consid-

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ered 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 fifty 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  Stephentown  Memorial library district shall be filed
with the secretary of the Stephentown Memorial library  association.  In
the  event that the new district is created, petitions nominating candi-
dates for the board of trustees after  the  initial  election  shall  be
filed with the secretary of the Stephentown Memorial 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 Stephentown Memorial 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 Stephentown Memorial
library district shall be determined by a vote  of  the  voters  of  the

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district  in  the  initial election as provided for in this section. All
future budgets that increased  or  decreased  the  Stephentown  Memorial
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
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 therefor 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 Stephentown.
  (b) The board of trustees shall annually file with the financial offi-
cers  of the town of Stephentown, 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 Stephentown by the board of the
library district.
  (c) The town of Stephentown 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 Stephentown Memorial library
district. However, nothing in this act shall be construed as superseding
any valid property tax exemptions.  The town of  Stephentown  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.
  (d)  The  town of Stephentown 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 Stephentown  Memorial  library
district,  after  approval  by  the  qualified  voters  of  such library
district, the town of Stephentown 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 Stephentown Memorial  library  district  and  main-
tained  in a segregated account in accordance with section 165.00 of the
local finance law and expended by the treasurer only on specific author-
ization by the board of trustees.
  (e) The board of trustees of the Stephentown Memorial 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 Stephentown Memorial 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 Stephentown may be invested in accordance with
section  165.00  of the local finance law. The town of Stephentown shall
promptly pay over to  the  Stephentown  Memorial  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 Stephentown
Memorial  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 item-
ized  voucher  therefor  shall be presented to the board of trustees for

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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.
  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 Stephentown Memorial 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 Stephentown Memorial
library  association shall be transferred to, vested in, and be acquired
by the Stephentown Memorial library district established  by  this  act.
Upon the granting of such charter by the board of regents, all employees
of  the  Stephentown Memorial 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 Stephen-
town Memorial library association, and the employees of the  Stephentown
Memorial 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 Stephentown 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  indebt-
edness  of  the  library  of  municipality issued for the purpose of the
Stephentown Memorial 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 Stephentown Memorial 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

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  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
  STEPHENTOWN MEMORIAL 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  Stephentown
Memorial  library  district  shall  come into existence pursuant to this
act; provided that the trustees  of  the  Stephentown  Memorial  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.