senate Bill S2460

Signed By Governor
2011-2012 Legislative Session

Provides for the creation of the Stephentown Memorial library district in the town of Stephentown, county of Rensselaer

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Archive: Last Bill Status Via A4326 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 10, 2012 signed chap.23
Apr 02, 2012 delivered to governor
Mar 06, 2012 returned to assembly
passed senate
3rd reading cal.210
substituted for s2460
Mar 06, 2012 substituted by a4326
Mar 05, 2012 advanced to third reading
Mar 01, 2012 2nd report cal.
Feb 29, 2012 1st report cal.210
Jan 04, 2012 referred to local government
Jan 21, 2011 referred to local government

Votes

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Feb 29, 2012 - Local Government committee Vote

S2460
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Local Government Committee Vote: Feb 29, 2012

excused (1)

S2460 - Bill Details

See Assembly Version of this Bill:
A4326
Law Section:
Education
Laws Affected:
Amd ยง5, Chap 672 of 1993
Versions Introduced in 2009-2010 Legislative Session:
S8053A, A11329A

S2460 - Bill Texts

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Provides for the creation of the Stephentown Memorial library district in the town of Stephentown, county of Rensselaer, to replace the Stephentown Memorial library association, if approved by the voters of such proposed district.

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BILL NUMBER:S2460

TITLE OF BILL:
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

PURPOSE:
In 1947, the Stephentown Memorial Library was established as a living
memorial to veterans. Today, more than 1,000 residents are card
holders-and dozens join every month. As the number of users continues
to grow, so too does the list of services and programs offered by the
library. The Board has determined that the next step in providing
improved library services is to pursue a change of the library's
charter during 2010. The Stephentown Memorial Library is currently
chartered as an Association Library and has initiated the process to
change to a Special Legislative District Public Library. The Board
believes that this change will provide the library with a more secure
funding stream, as well as make the library more accountable to the
public which it serves. Upon passage and signature by the Governor,
the Board would schedule a public vote on the charter change
proposition and library budget, as well as the election of the
trustees for the library.

SUMMARY OF PROVISIONS:
To provide for a change of the library's charter from an Association
Library to a Special Legislative District Public Library.

JUSTIFICATION:
This change will provide the library with a more secure funding
stream, as well as make the library more accountable to the public
which it serves.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately upon enactment, with provisions.

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

                                  2460

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02755-01-1

S. 2460                             2

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-
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

S. 2460                             3

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
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

S. 2460                             4

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
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

S. 2460                             5

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 417 and
501 of the laws of 2010, 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

S. 2460                             6

  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
  D.R. Evarts Library District
  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.

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