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

                                 7000--A
    Cal. No. 833

                            I N  S E N A T E

                             April 20, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  reported  favorably  from  said  committee,  ordered  to first report,
  amended on first report,  ordered  to  a  second  report  and  ordered
  reprinted, retaining its place in the order of second report

AN ACT creating the Grinnell public library district; and to amend chap-
  ter 672 of the laws of 1993 amending the public authorities law relat-
  ing 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 towns of Wappinger  and  Pough-
keepsie,  county  of  Dutchess,  a  public  library district which shall
consist of the entire village of Wappingers Falls,  including  both  the
portion  located in the town of Wappinger and the portion located in the
town of Poughkeepsie, hereinafter referred to as the village,  and  also
including  the  town  of Wappinger, hereinafter referred to as the town,
except for those parcels in the town that are located in the Beacon City
School District, and shall be  known  as  the  Grinnell  public  library
district,  hereinafter  referred  to  as the district. The district will
operate a public library to be known as the Grinnell 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  Grin-
nell library, and nine trustees are elected by a vote of the majority of
the  qualified voters voting in an election held, not later than Septem-
ber 30, 2013, 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 Grinnell library shall conduct an election at which
the issues shall be:

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

                                                           LBD15382-02-2

S. 7000--A                          2

  (a) whether the public library  district  herein  described  with  the
initial  budget  in support thereof proposed by the board of trustees of
the existing Grinnell 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 Grinnell 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  Grinnell
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 Grinnell
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 Grinnell library  shall  serve  as  chairperson  or  as  an
election  inspector or ballot clerk. The board of trustees of the exist-
ing Grinnell 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 or village shall be qualified to  vote
at said election. The board of trustees of the existing Grinnell 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 certificate of the result of the canvass with the board of trus-
tees of the existing Grinnell library and the town and  village  clerks.
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  Grinnell  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  Grinnell  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
Grinnell  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
be  directed  to  the secretary of the board of trustees of the existing
Grinnell 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

S. 7000--A                          3

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 Grinnell library. Each petition shall
be filed with the secretary of the board of  trustees  of  the  existing
Grinnell  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  Grinnell
public library district.
  S  3. Organization and structure. The Grinnell 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  to the district's proposed tax levy as compared to the tax
levy in the 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  elections  shall be considered an annual
appropriation therefor and shall be levied and collected yearly  by  the

S. 7000--A                          4

town and the village for the district in the same manner and at the same
time as other taxes in the town and the village.
  2.  The board of trustees of the district shall annually file with the
clerks of the town and the village on or before the first day of  Novem-
ber  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 or
the  village  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 shall levy a tax against all of the real
property  lying  within  the Grinnell public library district except the
real property lying within the village, and the  village  board  of  the
village  shall  levy  a  tax  against the remainder of the real property
lying within the Grinnell public library district, which together  shall
equal  the  amount  to be raised by tax as approved by the voters of the
Grinnell public library district. Such tax shall be levied by  the  town
and  village  in proportion to the total combined full value of the real
property lying within the town, excluding the parcels lying  within  the
village  and  excluding  the parcels lying within the Beacon City School
District, and of the real property lying within the  village.  The  town
board  and  village  board  shall  pay  the  full amount of the tax levy
approved by the voters over to the  treasurer  of  the  Grinnell  public
library district pursuant to the schedule set forth in this section. The
town  board and village board shall each annually pay over to the treas-
urer of the Grinnell public library district on or before the  thirtieth
day  after  their respective tax collection period ends, the full amount
of the levy due from the parcels subject to their  respective  levy.  If
necessary  to  meet  this schedule, the town board and village board may
each 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 Grinnell 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  speci-
fied  in  the  notice.  The  proceeds  of  such  bonds,  notes, or other
evidences of indebtedness shall be paid to the treasurer of the Grinnell
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 Grinnell 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  Grinnell 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 and the village shall promptly pay over to
the district all monies which belong to or are raised for the  district.

S. 7000--A                          5

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 Grin-
nell 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  item-
ized  voucher  therefor  shall be presented to the board of trustees for
audit and allowance. The provisions of this section shall not be  appli-
cable 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 of the Grinnell public library
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 Grinnell library  shall  be  transferred  to,  vested  in,  and
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 effec-
tuated by operation of law pursuant to the authority of this act, except
that, for purposes of clarity of real property records, deeds of convey-
ance shall be executed and filed for any parcels of real property.  Upon
the  transfer  of all such property, the existing Grinnell library shall
be deemed dissolved. Upon the granting of such charter by the  board  of
regents,  all  employees  of  the existing Grinnell library shall become
employees of the district upon the same terms and conditions of  employ-
ment  and  at  the  same rate of pay as their previous employment by the
existing Grinnell 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 and the village 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
town  issued for the purpose of the Grinnell 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 or village 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 Grinnell public library district is deemed a special district
which  is  separate  and  distinct from the town and the village 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 or the village, 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

S. 7000--A                          6

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,
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, 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

S. 7000--A                          7

  41. Stephentown Memorial Library District
  42. Guilderland Public Library
  43. Ethelbert B. Crawford Public Library District
  44. GRINNELL 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
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 Grinnell public library district shall come into existence  pursuant
to  this  act; provided that the trustees of the Grinnell 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.