S T A T E   O F   N E W   Y O R K
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    S. 4207                                                  A. 7607

                       2009-2010 Regular Sessions

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

                             April 16, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Corpo-
  rations, Authorities and Commissions

IN  ASSEMBLY  --  Introduced  by  M.  of  A. CANESTRARI -- read once and
  referred to the Committee on Libraries and Education Technology

AN ACT to amend chapter 422 of the laws of 2008, relating to creating  a
  public  library district in the city of Troy, in the county of Rensse-
  laer, in relation to extending the period of  time  during  which  the
  Troy public library district may be established

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 2 of chapter 422 of  the  laws  of
2008,  relating  to  creating  a  public library district in the city of
Troy, in the county of Rensselaer is amended to read as follows:
  1. The public library district herein described shall  not  come  into
existence  unless  and until it is approved, WITH the initial [proposed]
budget [is approved] THEREFOR PROPOSED BY THE BOARD OF TRUSTEES  OF  THE
TROY  PUBLIC  LIBRARY,  and  seven trustees are elected 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 fifty voters quali-
fied to vote at [the November 4, 2008] A general election IN THE CITY OF
TROY and residing within the area of the proposed district, the board of
trustees  of  the existing association library, known as the Troy Public
Library, shall give notice of an election to be  conducted  pursuant  to
this  act  SUCH  NOTICE  TO BE GIVEN NOT LESS THAN 30 DAYS PRIOR TO SUCH
ELECTION.   Such election shall be held  [concurrent  with  the  general
election on November 4, 2008] NOT LATER THAN NOVEMBER 30, 2012.  NOTHING
IN  THIS  ACT  SHALL  BE CONSTRUED TO LIMIT THE NUMBER OF ELECTIONS HELD
PURSUANT TO THIS ACT PROVIDED THAT ALL SUCH ELECTIONS ARE HELD PRIOR  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08229-02-9
              

S. 4207                             2                            A. 7607

SUCH  DATE.  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 issues shall be:
  (a)  whether  the  public library district therein described [shall be
created or not;
  (b) whether] WITH the initial budget therefor proposed by the board of
trustees of the [existing  association  library  shall  be  approved  or
disapproved] TROY PUBLIC LIBRARY SHALL BE CREATED OR NOT; and
  [(c)]  (B) the election of seven trustees as provided by section three
of this act.
  The trustees of the existing association 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]  THIRTY  days prior to the date of such election. In
addition, the board of trustees  of  the  existing  association  library
shall  cause  copies  of such notice to be posted conspicuously in three
public places in the district at least [thirteen] THIRTY 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  association
library shall prepare the ballots for such elections and the polls shall
remain  open  for  the receipt thereof at all elections from [6:00] 7:00
a.m.  until [9:00] 8:00 p.m.   The board of  trustees  of  the  existing
association  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
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
new  library  district  be created. Such resolution, if adopted, may fix
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 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  certif-
icate  of  the  result of the canvass with the board of trustees and the
city of Troy.
  S 2. Subdivision 1 of section 4 of chapter 422 of the  laws  of  2008,
relating  to  creating a public library district in the city of Troy, in
the county of Rensselaer is amended to read as follows:
  1. The initial budget for the public library district shall be  deter-
mined by a vote of the voters of the district in the initial election as
hereinafter  provided  for. All future budgets that increase or decrease
the public library 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-

S. 4207                             3                            A. 7607

ered  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
city  of Troy.  The initial fiscal year of the library district shall be
January  1[,  2009] OF THE YEAR IMMEDIATELY SUCCEEDING THE YEAR IN WHICH
THE LIBRARY DISTRICT SHALL COME INTO  EXISTENCE  through  and  including
December  31[,  2009] OF THAT YEAR.  Taxes voted on and approved for the
support of the library district for the initial  fiscal  year  shall  be
assessed  and levied by December [2008] OF THE YEAR IN WHICH THE LIBRARY
DISTRICT SHALL COME INTO EXISTENCE and shall be included in the tax bill
for which payment is due in THE FOLLOWING January [2009]. Taxes voted on
and approved for the support of  the  library  district  for  subsequent
fiscal years shall be levied in the calendar year directly preceding the
library  district's  fiscal  year and shall be included in the tax bills
issued during December of the calendar year preceding the fiscal year.
  S 3. This act shall take effect immediately.