Senate Bill S5504B

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

                                  5504

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

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

AN ACT in relation to creating the LaGrange public library  district  in
  the town of LaGrange, New York

  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 town  of  LaGrange,  county  of
Dutchess, a public library district which shall be known as the LaGrange
public  library  district,  hereinafter referred to as the district, and
which shall consist of all the territory within the  town  of  LaGrange,
hereinafter  referred to as the town. The district will operate a public
library to be known as the LaGrange public library.
  S 2. Election. 1. The district herein described shall  not  come  into
existence  unless  and until it is approved with the initial tax levy in
support thereof proposed by  the  board  of  trustees  of  the  existing
LaGrange library, and nine trustees are elected by a vote of the majori-
ty  of the qualified voters voting in an election held, not later Novem-
ber 15, 2012, 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 in the town, the board of trus-
tees of the existing LaGrange library shall, at least sixty  days  prior
to  the general election, file such petition with the board of elections
of Dutchess county which shall cause the board of elections of  Dutchess
county  to  give  notice  of  an  election  to  be held with the general
election in the town. If a majority of the voters approve the  formation
of the district with the initial tax levy in support thereof proposed by
the  board  of  trustees  of  the  existing  LaGrange  library, then the
district shall come into existence on the terms and conditions set forth
in this act. At such election the issue shall be:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11825-01-1
              

S. 5504                             2

  (a) whether the public library  district  herein  described  with  the
initial tax levy in support thereof proposed by the board of trustees of
the existing LaGrange library shall be created or not; and
  (b) the election of nine trustees as provided by this act.
  The  board  of  elections of Dutchess county shall give notice of such
election with the general election for the town of LaGrange  in  accord-
ance  with  the  rules  relating to such notice in the election law.  In
addition, the board of trustees of the existing LaGrange  library  shall
cause  copies  of such notice to be posted conspicuously in three public
places in the district at least fourteen days prior to the date of  such
election.  Such  notice  shall  specify the issues to be decided at such
election and that the election will be  held  as  part  of  the  general
election.  Every voter otherwise qualified to vote at a general election
and residing within  the  town  shall  be  qualified  to  vote  at  said
election.
  2. In the event that the district is created, there shall be an annual
election  conducted  by  the  board  of  elections of Dutchess county in
accordance with the provisions of subdivision one  of  this  section  in
conjunction  with  the  general  election in the town, at which election
vacancies on the board of trustees shall be  filled  and  at  which  any
proposed  tax  levy  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
LaGrange  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 board of elections of Dutchess county, with a copy to
the secretary of the board of trustees of the existing LaGrange library,
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 their candidacy prior to the election, such person shall
not be considered a candidate 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 board of elections of Dutchess
county, with a copy to the secretary of the board  of  trustees  of  the
existing  LaGrange  library. Each petition shall be filed with the board
of elections of Dutchess county, with a copy to  the  secretary  of  the
board of trustees of the existing LaGrange library, between the hours of
9:00  a.m.  and 5:00 p.m., not later than the thirty-first day of August
preceding the general election at which the candidates nominated are  to
be  elected.  In  the  event that the new district is created, petitions
nominating candidates for the board of trustees for all future elections
shall be filed with the board of elections of Dutchess  county,  with  a
copy to the secretary of the LaGrange public library district.
  S  3. Organization and structure. The LaGrange public library district
shall be managed, operated,  and  controlled  by  a  board  of  trustees
consisting  of nine members. The trustees shall take office on the first
day of January following their election. At the first regular meeting of
the board of trustees of the district, the trustees shall determine when
the terms of office of each member shall expire as follows: the trustees
receiving the first, second, and third highest  number  of  votes  shall
each  serve  for  three years, the trustees receiving the fourth, fifth,
and sixth highest number of votes shall each serve for  two  years,  and

S. 5504                             3

the  trustees receiving the seventh, eighth, and ninth highest number of
votes shall each serve for one year. As vacancies occur due  to  expira-
tion  of terms of office, trustees shall be elected by the voters of the
district  at  the  election provided for by this act to serve three year
terms, such terms to commence on the first day of January next following
the election. All other vacancies caused by resignation, removal, death,
or inability to serve shall be filled by appointment  by  the  board  of
trustees  of  the  district  for the remaining portion of the term being
filled. 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 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 resol-
ution of the board.
  S 4. Finances. 1. The initial tax levy to support the  district  shall
be  determined  by  a  vote of the voters of the district in the initial
election as hereinafter provided for. All future increases or  decreases
to  the  district's proposed total tax levy as compared to the total tax
levy in the preceding fiscal year shall be submitted  to  the  residents
voting  at  the  annual  election of trustees pursuant to section two of
this act. The question to be placed on the ballot shall be given to  the
board  of  elections  of  Dutchess county for inclusion on the ballot at
least thirty-six days prior to the  annual  election.  Funds  voted  for
library  proposes  at  the  initial election and at all future 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 LaGrange.
  2.  The  town  board of the town of LaGrange shall  levy a tax against
the real property lying within the LaGrange public library district  for
the amount to be raised by tax as approved by the voters of the LaGrange
public library district. The town board shall pay the full amount of the
tax  levy  approved  by the voters over to the treasurer of the LaGrange
public library district by March first of each year. If  necessary,  the
town  board shall issue tax anticipation notes pursuant to article II of
the local finance law to obtain the necessary moneys therefor.
  3. The town board of the town of LaGrange  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 district
to provide facilities or improved facilities for library purposes.  Upon
written  request  from  the  board  of  trustees  of the LaGrange public
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  LaGrange public library district and maintained in a segregated
account in accordance with section 165.00 of the local fiancee  law  and
expended by the treasurer only on specific authorization by the board of
trustees.
  4.  The  board of trustees of the LaGrange 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.

S. 5504                             4

  5. The treasurer of the LaGrange  public  library  district  shall  be
custodian  of all funds of the 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  town  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 LaGrange shall promptly pay over to the
LaGrange public library district all  monies  which  belong  to  or  are
raised  for  the district. No monies shall be disbursed by the treasurer
of the district except after audit by the board of trustees.  The  board
of  trustees  of  the  LaGrange  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  provisions  of  this
section  shall  not be applicable to payment of utility costs, claims of
fixed salaries, and amounts which the district may be required to pay on
account of retirement contributions for  past  or  current  services  to
officers  and  employees  of the 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 forty-five  days
from the date of approval of the 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,  title  to  all
liabilities  and assets, including all property, both real and personal,
and both tangible and intangible, all trust and  other  funds,  and  all
other  obligations,  now  held by the existing LaGrange library shall be
transferred to, vested in, and be acquired by the  district  established
by  this act. The above provisions for transfer to, vesting and acquisi-
tion of real and personal property, both tangible  and  intangible,  and
all  trust and other funds, are effectuated by operation of law pursuant
to the authority of this act, except that, for purposes  of  clarity  of
real  property  records, deeds of conveyance shall be executed and filed
for any parcels of real property. Upon the transfer of all such  proper-
ty,  the  existing  LaGrange library shall be deemed dissolved. Upon the
granting of such charter by the board of regents, all employees  of  the
exiting LaGrange library shall become employees of the district upon the
same  terms  and conditions of employment and at the same rate of pay as
their previous employment by the existing LaGrange library.
  S 6. Ad valorem levy. The several lots and parcels of land within  the
area  of  the  district  are  hereby  determined  to be benefited by the
library facilities and devices existing as of the effective date of this
act, and the town of LaGrange 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 indebtedness of the
town issued for the purpose of the LaGrange 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 town 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 district established by this act.
  S 8. In the event that the new district is created, section 5 of chap-
ter 672 of the laws of 1993, amending the public authorities law  relat-

S. 5504                             5

ing  to  the construction and financing of facilities for certain public
libraries, is amended to include the LaGrange public library district as
an eligible public library for purposes of title 4 of article 8  of  the
public authorities law.
  S 9. This act shall take effect immediately.

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

                                 5504--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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

AN ACT to amend chapter 672 of the laws  of  1993  amending  the  public
  authorities law relating to the construction and financing for certain
  public  libraries, in relation to creating the LaGrange public library
  district in the town of LaGrange, New York

  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 town of LaGrange, county of
Dutchess, a public library district which shall be known as the LaGrange
public library district, hereinafter referred to as  the  district,  and
which  shall  consist  of all the territory within the town of LaGrange,
hereinafter referred to as the town. The district will operate a  public
library to be known as the LaGrange public library.
  S  2.  Election.  1. The district herein described shall not come into
existence unless and until it is approved with the initial tax  levy  in
support  thereof  proposed  by  the  board  of  trustees of the existing
LaGrange library, and nine trustees are elected by a vote of the majori-
ty of the qualified voters voting in an election held, not later  Novem-
ber 15, 2012, 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 in the town, the board of  trus-
tees  of  the existing LaGrange library shall, at least sixty days prior
to the general election, file such petition with the board of  elections
of  Dutchess county which shall cause the board of elections of Dutchess
county to give notice of  an  election  to  be  held  with  the  general
election  in the town. If a majority of the voters approve the formation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11825-04-1
              

S. 5504--A                          2

of the district with the initial tax levy in support thereof proposed by
the board of  trustees  of  the  existing  LaGrange  library,  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 herein described with the
initial tax levy in support thereof proposed by the board of trustees of
the existing LaGrange library shall be created or not; and
  (b) the election of nine trustees as provided by this act.
  The board of elections of Dutchess county shall give  notice  of  such
election  with  the general election for the town of LaGrange in accord-
ance with the rules relating to such notice in the  election  law.    In
addition,  the  board of trustees of the existing LaGrange library shall
cause copies of such notice to be posted conspicuously in  three  public
places  in the district at least fourteen days prior to the date of such
election. Such notice shall specify the issues to  be  decided  at  such
election  and  that  the  election  will  be held as part of the general
election. Every voter otherwise qualified to vote at a general  election
and  residing  within  the  town  shall  be  qualified  to  vote at said
election.
  2. In the event that the district is created, there shall be an annual
election conducted by the board  of  elections  of  Dutchess  county  in
accordance  with  the  provisions  of subdivision one of this section in
conjunction with the general election in the  town,  at  which  election
vacancies  on  the  board  of  trustees shall be filled and at which any
proposed tax levy 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
LaGrange 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 board of elections of Dutchess county, with a copy to
the secretary of the board of trustees of the existing LaGrange library,
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 their candidacy prior to the election, such person  shall
not  be  considered  a  candidate  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 board  of  elections  of  Dutchess
county,  with  a  copy  to the secretary of the board of trustees of the
existing LaGrange library. Each petition shall be filed with  the  board
of  elections  of  Dutchess  county, with a copy to the secretary of the
board of trustees of the existing LaGrange library, between the hours of
9:00 a.m. and 5:00 p.m., not later than the thirty-first day  of  August
preceding  the general election at which the candidates nominated are to
be elected. In the event that the new  district  is  created,  petitions
nominating candidates for the board of trustees for all future elections
shall  be  filed  with the board of elections of Dutchess county, with a
copy to the secretary of the LaGrange public library district.
  S 3. Organization and structure. The LaGrange public library  district
shall  be  managed,  operated,  and  controlled  by  a board of trustees
consisting of nine members. The trustees shall take office on the  first
day of January following their election. At the first regular meeting of
the board of trustees of the district, the trustees shall determine when

S. 5504--A                          3

the terms of office of each member shall expire as follows: the trustees
receiving  the  first,  second,  and third highest number of votes shall
each serve for three years, the trustees receiving  the  fourth,  fifth,
and  sixth  highest  number of votes shall each serve for two years, and
the trustees receiving the seventh, eighth, and ninth highest number  of
votes  shall  each serve for one year. As vacancies occur due to expira-
tion of terms of office, trustees shall be elected by the voters of  the
district  at  the  election provided for by this act to serve three year
terms, such terms to commence on the first day of January next following
the election. All other vacancies caused by resignation, removal, death,
or inability to serve shall be filled by appointment  by  the  board  of
trustees  of  the  district  for the remaining portion of the term being
filled. 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 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 resol-
ution of the board.
  S 4. Finances. 1. The initial tax levy to support the  district  shall
be  determined  by  a  vote of the voters of the district in the initial
election as hereinafter provided for. All future increases or  decreases
to  the  district's proposed total tax levy as compared to the total tax
levy in the preceding fiscal year shall be submitted  to  the  residents
voting  at  the  annual  election of trustees pursuant to section two of
this act. The question to be placed on the ballot shall be given to  the
board  of  elections  of  Dutchess county for inclusion on the ballot at
least thirty-six days prior to the  annual  election.  Funds  voted  for
library  proposes  at  the  initial election and at all future elections
shall be considered an annual appropriation therefor and shall be levied
and collected yearly by the town for the district in the same manner and
at the same time as other taxes in the town of LaGrange.
  2. The town board of the town of LaGrange shall   levy a  tax  against
the  real property lying within the LaGrange public library district for
the amount to be raised by tax as approved by the voters of the LaGrange
public library district. The town board shall pay the tax levy  approved
by  the  voters  over  to  the  treasurer of the LaGrange public library
district as those revenues are collected and received by  the  town.  If
necessary,  the  town board may issue tax anticipation notes pursuant to
article II of the local finance  law  to  obtain  the  necessary  moneys
therefor.
  3.  The  town  board  of  the town of LaGrange 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 district
to  provide facilities or improved facilities for library purposes. Upon
written request from the  board  of  trustees  of  the  LaGrange  public
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 LaGrange public library district and maintained in  a  segregated
account  in  accordance with section 165.00 of the local finance law and

S. 5504--A                          4

expended by the treasurer only on specific authorization by the board of
trustees.
  4.  The  board of trustees of the LaGrange 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.
  5. The treasurer of the LaGrange  public  library  district  shall  be
custodian  of all funds of the 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 town 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 LaGrange shall promptly pay over  to  the
LaGrange  public  library  district  all  monies  which belong to or are
raised for the district. No monies shall be disbursed by  the  treasurer
of  the  district except after audit by the board of trustees. The board
of trustees of the LaGrange 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 provisions of this
section shall not be applicable to payment of utility costs,  claims  of
fixed salaries, and amounts which the district may be required to pay on
account  of  retirement  contributions  for  past or current services to
officers and employees of the 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 forty-five days
from the date of approval of the 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, title to all
liabilities and assets, including all property, both real and  personal,
and  both  tangible  and  intangible, all trust and other funds, and all
other obligations, now held by the existing LaGrange  library  shall  be
transferred  to,  vested in, and be acquired by the district established
by this act. The above provisions for transfer to, vesting and  acquisi-
tion  of  real  and personal property, both tangible and intangible, and
all trust and other funds, are effectuated by operation of law  pursuant
to  the  authority  of this act, except that, for purposes of clarity of
real property records, deeds of conveyance shall be executed  and  filed
for  any parcels of real property. Upon the transfer of all such proper-
ty, the existing LaGrange library shall be deemed  dissolved.  Upon  the
granting  of  such charter by the board of regents, all employees of the
exiting LaGrange library shall become employees of the district upon the
same terms and conditions of employment and at the same rate of  pay  as
their previous employment by the existing LaGrange library.
  S  6. Ad valorem levy. The several lots and parcels of land within the
area of the district are  hereby  determined  to  be  benefited  by  the
library facilities and devices existing as of the effective date of this
act,  and the town of LaGrange 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 indebtedness of  the
town  issued for the purpose of the LaGrange public library district, as
may be hereafter authorized pursuant to the provisions of this act  from

S. 5504--A                          5

such lots and parcels of land in the same manner and at the same time as
other town 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 district established by this act.
  S 8. The LaGrange public library district is deemed a special district
which is separate and distinct from the town for all purposes, including
but not limited to management, appropriations, and expenditures. Any tax
levy  for  the district shall not be charged or imputed to the town, and
shall instead be charged or imputed to the district, for purposes of any
general or special laws enacted by the legislature.
  S 9. 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 amended by chapter 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
  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
  LAGRANGE PUBLIC LIBRARY DISTRICT

S. 5504--A                          6

  S 10. This act shall take effect immediately; provided,  that  section
nine  of  this  act  shall  take effect on the same date as the LaGrange
public library district shall come into existence pursuant to this  act;
provided that the trustees of the LaGrange public library district shall
notify  the  legislative  bill  drafting commission upon the creation of
such district pursuant to this act in  order  that  the  commission  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.

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

                                 5504--C
    Cal. No. 825

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 26, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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 -- recommitted to the Committee on Local
  Government in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first report, amended on first report, ordered to a second  report,
  and  to  be  reprinted as amended, retaining its place in the order of
  second report

AN ACT creating the LaGrange public library  district  in  the  town  of
  LaGrange,  New  York;  and  to  amend  chapter 672 of the laws of 1993
  amending the public authorities law relating to the  construction  and
  financing  for  certain public libraries, in relation to providing for
  financing through the dormitory authority

  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 town of LaGrange, county of
Dutchess, a public library district which shall be known as the LaGrange
public library district, hereinafter referred to as  the  district,  and
which  shall  consist  of all the territory within the town of LaGrange,
hereinafter referred to as the town. The district will operate a  public
library to be known as the LaGrange public library.
  S  2.  Election.  1. The district herein described shall not come into
existence unless and until it is approved with  the  initial  budget  in
support  thereof  proposed  by  the  board  of  trustees of the existing
LaGrange library, and nine trustees are elected by a vote of the majori-
ty of the qualified voters voting in an election held,  not  later  than
September 30, 2013, pursuant to the following provisions:

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

                                                           LBD11825-12-2

S. 5504--C                          2

  Upon  receipt of a petition signed by not less than twenty-five voters
qualified to vote at a general election in the town, the board of  trus-
tees of the existing LaGrange library shall conduct an election at which
the issues shall be:
  (a)  whether  the  public  library  district herein described with the
initial budget in support thereof proposed by the board of  trustees  of
the existing LaGrange library shall be created or not; and
  (b) the election of nine trustees as provided by this act.
  The  board  of  trustees  of  the existing LaGrange library shall give
notice of such election by publication of notice at least twice  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  LaGrange
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 date and time when
and the place where such election will be held  and  the  issues  to  be
decided at such election. The board of trustees of the existing LaGrange
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 election. No trustee of
the existing LaGrange library  shall  serve  as  chairperson  or  as  an
election  inspector or ballot clerk. The board of trustees of the exist-
ing LaGrange library may adopt a resolution providing that  such  chair-
person,  election  inspectors and ballot clerks shall be paid reasonable
compensation for their respective services  at  such  election.    Every
voter  who is a resident of the district and otherwise qualified to vote
at a general election in the town shall be qualified  to  vote  at  said
election. The board of trustees of the existing LaGrange library may, to
the  extent authorized by law, authorize the use of absentee ballots for
the 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 of the
existing LaGrange library and the town  clerk.  If  a  majority  of  the
voters  approve the formation of the district with the initial budget in
support thereof proposed by  the  board  of  trustees  of  the  existing
LaGrange  library,  then  the  district shall come into existence on the
terms and conditions set forth in this act.
  2. In the event that the district is created, there shall be an annual
election conducted by the board  of  trustees  of  the  LaGrange  public
library district in accordance with the provisions of subdivision one of
this  section  at  a  time  to  be  set  by the board of trustees of the
district, 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
LaGrange  public  library  district  shall  be nominated by petition. No
vacancy to be filled on the board of  trustees  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

S. 5504--C                          3

be  directed  to  the secretary of the board of trustees of the existing
LaGrange library, 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 their candidacy prior to the  election,
such  person  shall  not be considered a candidate unless a new petition
nominating such person in the same manner and within the same time limi-
tation applicable to other candidates is filed with the secretary of the
board of trustees of the existing LaGrange library. Each petition  shall
be  filed  with  the  secretary of the board of trustees of the existing
LaGrange library, between the hours of 9:00  a.m.  and  5:00  p.m.,  not
later than the thirtieth day before the election at which the candidates
nominated  are  to  be  elected.  In  the event that the new district is
created, petitions nominating candidates for the board of  trustees  for
all  future  elections shall be filed with the secretary of the LaGrange
public library district.
  S 3. Organization and structure. The LaGrange public library  district
shall  be  managed,  operated,  and  controlled  by  a board of trustees
consisting of nine members. The trustees shall take office at the  first
regular  meeting  of  the board of trustees following their election. At
the first regular meeting of the board of trustees of the district,  the
trustees  shall  determine when the terms of office of each member shall
expire as follows: the trustees receiving the first, second,  and  third
highest  number  of votes shall each serve for three years, the trustees
receiving the fourth, fifth, and sixth highest  number  of  votes  shall
each  serve  for  two  years,  and  the  trustees receiving the seventh,
eighth, and ninth highest number of votes shall each serve for one year.
As vacancies occur due to expiration of terms of office, trustees  shall
be elected by the voters of the district at the election provided for by
this  act to serve three year terms, such terms to commence at the first
regular meeting of the board of trustees of the district next  following
their  election.  All  other  vacancies  caused by resignation, removal,
death, or inability to serve shall be filled by appointment by the board
of trustees of the district until the next election, at which  time  the
vacancy  shall  be  filled  by election for the remaining portion of the
term.  At any election where one or more persons are to be  elected  for
the  unexpired  portion  of a term or terms, the candidate receiving the
largest number of votes shall be entitled to the full  three  year  term
and  the  candidates receiving the next highest number of votes shall be
entitled, in decreasing order of the respective numbers of votes, to the
vacancy or vacancies, in decreasing order of the length of the unexpired
portion or portions of a term or terms.   Only qualified voters  of  the
district  shall  be  eligible for election to the board of trustees. The
board of trustees at its first meeting after each annual election  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 officers may, if the board  so  deter-
mines, receive compensation as fixed by resolution of the board.
  S  4. Finances. 1. The initial budget to support the 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 district's proposed tax levy as compared to the tax levy
in the preceding fiscal year's budget shall be submitted  to  the  resi-
dents  voting at the annual election of trustees pursuant to section two

S. 5504--C                          4

of this act.  Funds voted for library purposes at the  initial  election
and  at all future elections shall be considered an annual appropriation
therefor and shall be levied and collected yearly by the  town  for  the
district  in  the same manner and at the same time as other taxes in the
town.
  2. The board of trustees of the district shall annually file with  the
clerk  of the town on or before the first day of November 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
day of January of the next year. The town shall not make any  change  in
the  estimate  of revenues or expenditures submitted by the board of the
district in preparation of its preliminary budget.
  3. The town board of the town of LaGrange shall levy a tax against the
real property lying within the district for the amount to be  raised  by
tax  as approved by the voters of the district. The town board shall pay
the full amount of the tax levy approved by the voters over to the trea-
surer of the district  pursuant  to  the  schedule  set  forth  in  this
section.  The town board shall annually pay over to the treasurer of the
district on or before the thirtieth day after its tax collection  period
ends, the full amount of the levy due.  If necessary to meet this sched-
ule, the town board may issue tax anticipation notes pursuant to article
II of the local finance law to obtain the necessary moneys therefor.
  4. The town board of the town 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 district to provide facili-
ties or improved facilities for library purposes. Upon  written  request
from the board of trustees of the district, after approval by the quali-
fied  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 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 district may accept on behalf of the
district any absolute gift, devise, or bequest of real or personal prop-
erty and such conditional gifts, devises, or bequests  as  it  shall  by
resolution approve.
  6.  The  treasurer  of the district shall be custodian of all funds of
the 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 town 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
LaGrange shall promptly pay over to the district all monies which belong
to  or  are raised for the district. No monies shall be disbursed by the
treasurer of the district except after audit by the board  of  trustees.
The  board  of trustees of the 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 provisions of this section shall not be
applicable to payment of utility costs, claims of  fixed  salaries,  and
amounts  which the district may be required to pay on account of retire-
ment contributions for past or current services to officers and  employ-

S. 5504--C                          5

ees  of  the  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 of the district shall, within
ninety days from the date of approval of the 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,
title  to  all liabilities and assets, including all property, both real
and personal, and both tangible and  intangible,  all  trust  and  other
funds,  and  all  other  obligations,  now held by the existing LaGrange
library shall be transferred to, vested  in,  and  be  acquired  by  the
district  established by this act. The above provisions for transfer to,
vesting and acquisition of real and personal property, both tangible and
intangible, and all trust and other funds, are effectuated by  operation
of  law pursuant to the authority of this act, except that, for purposes
of clarity of real  property  records,  deeds  of  conveyance  shall  be
executed  and  filed for any parcels of real property. Upon the transfer
of all such property, the existing  LaGrange  library  shall  be  deemed
dissolved.  Upon  the  granting of such charter by the board of regents,
all employees of the existing LaGrange library shall become employees of
the district upon the same terms and conditions of employment and at the
same rate of pay as their previous employment by the  existing  LaGrange
library.
  S  6. Ad valorem levy. The several lots and parcels of land within the
area of the district are  hereby  determined  to  be  benefited  by  the
library facilities and devices existing as of the effective date of this
act,  and the town of LaGrange 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 indebtedness of  the
town  issued for the purpose of the LaGrange 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 town 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 district established by this act.
  S  8.  The district is deemed a special district which is separate and
distinct from the town for all purposes, including but  not  limited  to
management,  appropriations,  and  expenditures.  Any  tax  levy for the
district shall not be charged or imputed to the town, and shall  instead
be  charged  or  imputed to the district, for purposes of any general or
special laws enacted by the legislature.
  S 9. 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  chapter  533  of
the  laws  of  2011 and chapter 23 of the laws of 2012, the forty-second
undesignated paragraph as added by a chapter of the laws of 2012  amend-
ing chapter 672 of the laws of 1993, amending the public authorities law
relating  to  the  construction  and financing of facilities for certain
public libraries, relating to including the Guilderland  public  library
within  the  provisions of such chapter, as proposed in legislative bill
numbers S. 6450-A and A. 9236-A, and the forty-third undesignated  para-
graph  as added by a chapter of the laws of 2012 amending chapter 672 of
the laws of 1993, amending the public authorities law  relating  to  the
construction  and  financing of facilities for certain public libraries,

S. 5504--C                          6

relating to including the Ethelbert B.  Crawford public  library  within
the provisions of such chapter, as proposed in legislative bills numbers
S. 6287 and A. 9159, 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:
  1. Comsewogue Public Library
  2. Rogers Memorial Library Company
  3. Hendrick Hudson Free Library
  4. Riverhead Free Library
  5. Northern Onondaga Public Library District
  6. Suffern Free Library
  7. Haverstraw King's Daughters Public Library
  8. Crandall Public Library
  9. Sayville Library
  10. Monroe Free Library
  11. Harborfields Public Library
  12. Howland Public Library
  13. Patchogue-Medford Library
  14. New City Library
  15. Babylon Public Library
  16. Lindenhurst Memorial Library
  17. Great Neck Library
  18. Caledonia Public Library
  19. Bayport-Blue Point Public Library
  20. The Bryant Library
  21. Swan Library
  22. Bay Shore-Brightwaters Public Library
  23. The Albany Public Library
  24. Elwood Public Library
  25. Peninsula Public Library
  26. Smithtown Special Library District
  27. Goshen Public Library and Historical Society
  28. The Hauppauge Public Library
  29. The Nyack Library
  30. North Merrick Public Library
  31. Southold Free Library
  32. The Hampton Library in Bridgehampton, Inc.
  33. John Jermain Memorial Library
  34. Westhampton Free Library
  35. The Plainview-Old Bethpage Public Library
  36. Commack Public Library
  37. Troy Public Library
  38. Brunswick Community Library District
  39. D.R. Evarts Library District
  40. Norwood Public Library
  41. Stephentown Memorial Library District
  42. Guilderland Public Library
  43. Ethelbert B. Crawford Public Library District
  44. LAGRANGE PUBLIC LIBRARY DISTRICT
  S 10. This act shall take effect immediately; provided that:
  (a) subdivision 41 of section 5 of chapter 672 of the laws of 1993, as
designated by section nine of this act shall take effect  in  accordance
with the provisions of section 9 of chapter 23 of the laws of 2012;
  (b) subdivision 42 of section 5 of chapter 672 of the laws of 1993, as
designated  by  section  nine  of this act shall take effect on the same
date and in the same manner as a chapter of the laws  of  2012  amending

S. 5504--C                          7

chapter  672  of  the  laws of 1993, amending the public authorities law
relating to the construction and financing  of  facilities  for  certain
public  libraries,  relating to including the Guilderland Public Library
within  the  provisions of such chapter, as proposed in legislative bill
numbers S. 6450-A and A. 9236-A, takes effect;
  (c) subdivision 43 of section 5 of chapter 672 of the laws of 1993, as
designated by section nine of this act shall take  effect  on  the  same
date  and  in  the same manner as a chapter of the laws of 2012 amending
chapter 672 of the laws of 1993, amending  the  public  authorities  law
relating  to  the  construction  and financing of facilities for certain
public libraries, relating to including the Ethelbert B. Crawford Public
Library District within the provisions of such chapter, as  proposed  in
legislative bills numbers S. 6287 and A. 9159, takes effect; and
  (d) subdivision 44 of section 5 of chapter 672 of the laws of 1993, as
added  by section nine of this act shall take effect on the same date as
the LaGrange public library district shall come into existence  pursuant
to  this  act; provided that the trustees of the LaGrange public 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.