The New York State Senate

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

                                 7259--A

                            I N  S E N A T E

                               May 8, 2014
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and   Commissions  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT creating the Starr public library district in the town of  Rhine-
  beck,  New York; 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 Starr public library district within the provisions of such  chap-
  ter and 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  Rhinebeck,  county  of
Dutchess,  a  public  library district which shall be known as the Starr
public library district, hereinafter referred to as  the  district,  and
which  shall  consist of all the territory within the town of Rhinebeck.
The district will operate a public library to  be  known  as  the  Starr
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 Starr
Institute, and nine trustees are elected by a vote of  the  majority  of
the  qualified voters voting in an election held, not later than January
31, 2017, 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 district, the board of
trustees of the existing Starr Institute, 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 Starr Institute, shall be created or not; and
  (b) the election of nine trustees as provided by this act.

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

                                                           LBD14659-03-4

S. 7259--A                          2

  The  board  of  trustees  of  the existing Starr Institute, 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  Starr
Institute,  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  Starr
Institute,  shall  designate a resident qualified voter of such district
to act as chairperson of any election of such district and shall  desig-
nate  not  less  than two nor more than six resident qualified voters to
act as election inspectors and ballot clerks at such election.  No trus-
tee of the Starr Institute, shall serve as chairperson or as an election
inspector or ballot clerk. The board of trustees of the  existing  Starr
Institute,  may  adopt  a  resolution  providing  that such chairperson,
election inspectors and ballot clerks shall be paid  reasonable  compen-
sation  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 Starr Institute, 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  Starr  Institute,  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 Starr Insti-
tute, 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 Starr 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
Starr public library district shall be nominated by petition.  No vacan-
cy 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 Starr  Institute,
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 secretary of the board of trustees

S. 7259--A                          3

of  the  existing Starr Institute. Each petition shall be filed with the
secretary of the board of trustees  of  the  existing  Starr  Institute,
between the hours of 9:00 a.m. and 5:00 p.m., not later than the thirti-
eth  day before the election at which the candidates nominated are to be
elected. In the event that the new district is created, petitions  nomi-
nating  candidates  for  the  board of trustees for all future elections
shall be filed with the secretary of the Starr public library district.
  S 3. Organization and structure. The  Starr  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 vacan-
cies 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, vice-president, and a secretary, who shall
be members of the board, and a treasurer and such other officers as they
deem necessary. If the board so determines, the office of treasurer  may
be  held  by  an individual who is not a member of the board of trustees
and, in that event, such  officer  may,  if  the  board  so  determines,
receive compensation as fixed by resolution of the board.
  S  4. Finances. 1. The initial budget 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
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 district's fiscal year shall run from the first day of  January
to  the  thirty-first  day  of  December.  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

S. 7259--A                          4

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 expendi-
tures  submitted  by  the  board  of  the district in preparation of its
preliminary budget.
  3. The town board of the town of Rhinebeck 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
treasurer 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
Rhinebeck 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  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 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,

S. 7259--A                          5

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 Starr Insti-
tute,  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  Starr Institute shall be deemed
dissolved. Upon the granting of such charter by the  board  of  regents,
all  employees of the existing Starr Institute 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  Starr
Institute.
  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 Rhinebeck 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 district, as may be hereafter author-
ized 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, is amended by adding a new subdivision  47
to read as follows:
  47. STARR PUBLIC LIBRARY DISTRICT
  S 10. This act shall take effect immediately.