S T A T E O F N E W Y O R K
________________________________________________________________________
4205
2009-2010 Regular Sessions
I N S E N A T E
April 16, 2009
___________
Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT in relation to creating the Bloomfield public library district in
the county of Ontario
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 county of Ontario, a public
library district in the towns of East Bloomfield and West Bloomfield,
and shall be known as the Bloomfield public library district.
S 2. Election. 1. The public library district herein described 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 voting in an election held 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 and residing within the area of
the proposed district, the board of trustees of the existing Bloomfield
library shall give notice of an election to be conducted pursuant to
this act. Such election shall be held within one year after this act
shall have become a law. If a majority of the voters approve the forma-
tion 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 Bloomfield library shall be approved or disapproved; and
(c) the election of five to fifteen trustees as provided by section
three of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10524-02-9
S. 4205 2
The trustees of the existing Bloomfield 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 Bloomfield 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. The board of trustees of the existing Bloomfield library 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.
The board of trustees of the existing Bloomfield 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 subse-
quent elections, should the new library district be created. Such resol-
ution, 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 immediate-
ly 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 and the clerk for the towns of East Bloomfield and West Bloom-
field.
2. In the event that the district is created, there shall be an annual
election conducted by the board of trustees of the Bloomfield public
library district in accordance with the provisions of subdivision one of
this section, at a time to be set by the public 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.
3. Candidates for the office of member of the board of trustees of the
Bloomfield public 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
the candidate. In the event that any such nominees 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
S. 4205 3
filed with the secretary of the board of trustees between the hours of
1:00 p.m. and 5:00 p.m., not later than the thirtieth 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 Bloom-
field public library district shall be filed with the secretary of the
existing Bloomfield library. 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 Bloomfield
public library district.
4. At any election in 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 elections 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 Bloomfield public 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 terms of office of each
member shall expire as follows: the two trustees receiving the first and
second highest number of votes shall serve for four years, the two trus-
tees receiving the third and fourth highest number of votes shall serve
for three years, the two trustees receiving the fifth and sixth highest
number of votes shall serve for two years and the trustee receiving the
seventh highest number of votes shall serve for one year.
As vacancies occur, trustees shall be elected at the annual election
provided for by this act to serve four 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. Only qualified voters of the
district who have been residents of the public library district for at
least one year prior to the election 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 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 officer may,
if the board so determines, receive compensation as fixed by resolution
of the board.
S 4. Finances. 1. The initial budget for the Bloomfield public 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 increase or decrease the Bloomfield 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 considered an annual appropri-
ation therefor and shall be levied and collected yearly in the same
S. 4205 4
manner and at the same time as other taxes in the towns of East Bloom-
field and West Bloomfield.
2. The board of trustees shall annually file with the financial offi-
cers of the towns of East Bloomfield and West Bloomfield, the dollar
amount to be raised by levy for the library district. The towns shall
not make any change in the dollar amount submitted to the towns of East
Bloomfield and West Bloomfield by the board of the library district.
3. The towns of East Bloomfield and West Bloomfield shall levy a tax
against the real property lying within the boundaries of the Bloomfield
library district for the amount to be raised by tax as contained in the
annual budget of the Bloomfield library district. The towns of East
Bloomfield and West Bloomfield 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 towns of East Bloomfield and West Bloomfield 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
Bloomfield public library district, after approval by the qualified
voters of such public library district, the towns of East Bloomfield and
West Bloomfield 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
Bloomfield public 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 Bloomfield 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 Bloomfield public 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 school district funds may be invested. Proceeds of obli-
gations received from the municipality may be invested in accordance
with section 165.00 of the local finance law. The towns of East Bloom-
field and West Bloomfield shall promptly pay over to the Bloomfield
public 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 Bloomfield 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 foregoing requirement
that no moneys shall be disbursed by the treasurer of the district
except after audit by the board of trustees shall not be applicable to
payment of claims of fixed salaries 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.
S. 4205 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 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, now held by the existing Bloom-
field library shall be transferred to, vested in, and be acquired by the
Bloomfield public library district as established by this act. Upon the
granting of such charter by the board of regents, all employees of the
existing Bloomfield library 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 existing Bloomfield
library; further, specifically and notwithstanding any other provision
of law to the contrary, the Bloomfield public library district shall
become and remain liable to any employees of the existing Bloomfield
library who retired prior to December 31, 2009, with regards to continu-
ing health insurance coverage to the same extent as the existing Bloom-
field library prior to the creation of the Bloomfield public library
district.
S 6. Ad valorem levy. The several lots and parcels of land within the
area of said public library district are hereby determined to be bene-
fited by the library facilities and devices existing as of the effective
date of this act, and the towns of East Bloomfield and West Bloomfield
are 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 school districts or
municipalities issued for the purpose of the Bloomfield public library
district, as may be hereafter 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 or school district 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 Bloomfield public library district established by this
act.
S 8. This act shall take effect immediately.
