S T A T E O F N E W Y O R K
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10563
I N A S S E M B L Y
June 3, 2016
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Skartados)
-- read once and referred to the Committee on Local Governments
AN ACT to amend chapter 524 of the laws of 1987, relating to establish-
ing the Greater Poughkeepsie library district, in the city and town of
Poughkeepsie, Dutchess county, in relation to the election of trustees
and the annual budget of such library
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6 of chapter 524 of the laws of 1987, relating to
establishing the Greater Poughkeepsie library district, in the city and
town of Poughkeepsie, Dutchess county, as amended by chapter 361 of the
laws of 1997, is amended to read as follows:
S 6. (A) The district shall be governed by a board of trustees
consisting of eleven trustees. [The trustees of the Greater Poughkeep-
sie library district as of the effective date of the chapter of the laws
of 1997 which added this provision shall become trustees, immediately,
of the Poughkeepsie public library district.] Seven of the trustees
shall be elected at an election to be held within the town and four of
the trustees shall be elected at an election to be held within the
portion of the district located in the city. The trustees elected [at
the election in] BY THE VOTERS OF the town must be QUALIFIED VOTERS AND
residents of the town and the trustees elected [in] BY THE VOTERS OF the
city must be QUALIFIED VOTERS AND residents of the city. NOMINATING
PETITIONS SHALL BE CIRCULATED AND FILED AT THE SAME TIME AS INDEPENDENT
PETITIONS, AS DETERMINED ANNUALLY BY THE NEW YORK STATE BOARD OF
ELECTIONS. A SEPARATE PETITION SHALL BE REQUIRED TO NOMINATE EACH CANDI-
DATE FOR A VACANCY ON THE BOARD. EACH PETITION SHALL BE SIGNED BY AT
LEAST TWENTY-FIVE QUALIFIED VOTERS OF THE CITY OR TOWN IN WHICH THE
VACANCY OCCURS. PETITIONS SHALL STATE THE RESIDENCE OF EACH SIGNER, AND
SHALL STATE THE NAME AND RESIDENCE OF THE CANDIDATE.
[The trustees] (B) A TRUSTEE shall serve for a term of five years and
until his or her successor is elected and qualified. [Two-thirds of the
trustees shall constitute a quorum. Action of the trustees shall require
a two-thirds vote of the entire board. Vacancies shall be filled by
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15117-03-6
A. 10563 2
appointment by the trustees, provided, however, that an election shall
be held at the first available general election day after the happening
of a vacancy.] VACANCIES CAUSED BY RESIGNATION, REMOVAL, DEATH, OR
INABILITY TO SERVE SHALL BE FILLED BY APPOINTMENT BY THE BOARD OF TRUS-
TEES OF THE DISTRICT UNTIL THE NEXT GENERAL ELECTION, AT WHICH TIME THE
VACANCY SHALL BE FILLED BY ELECTION FOR THE REMAINING PORTION OF THE
TERM. ELECTION OF TRUSTEES SHALL TAKE PLACE ON THE SAME DAY AND BALLOT
AS THE GENERAL ELECTION AS ADMINISTERED BY THE BOARD OF ELECTIONS WITH
THE RESULTS OF SAID ELECTION BEING CERTIFIED BY THE BOARD OF ELECTIONS.
The person or persons appointed by the trustees shall serve until a
successor is elected and qualified as provided herein. Vacancies for
trustees elected within the city shall be filled by city residents and
vacancies for trustees elected within the town shall be filled by town
residents.
(C) TWO-THIRDS OF THE TRUSTEES SHALL CONSTITUTE A QUORUM. ACTION OF
THE TRUSTEES SHALL REQUIRE A TWO-THIRDS VOTE OF THE ENTIRE BOARD.
(D) THE BOARD OF TRUSTEES OF THE POUGHKEEPSIE PUBLIC LIBRARY DISTRICT
SHALL GIVE NOTICE OF ELECTIONS 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 DISTRICT 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 GENERAL ELECTION WILL BE HELD. EVERY VOTER WHO IS A RESIDENT
OF THE DISTRICT AND OTHERWISE QUALIFIED TO VOTE AT A GENERAL ELECTION IN
THE TOWN OR CITY SHALL BE QUALIFIED TO VOTE AT SAID ELECTION. THE BOARD
OF TRUSTEES MAY, TO THE EXTENT AUTHORIZED BY LAW AND IN CONJUNCTION WITH
THE BOARD OF ELECTIONS, AUTHORIZE THE USE OF ABSENTEE BALLOTS FOR THE
ELECTION. AFTER THE POLLS HAVE CLOSED AT SUCH ELECTION, THE BOARD OF
ELECTIONS SHALL CERTIFY THE RESULTS OF SAID ELECTION IN ACCORDANCE WITH
APPLICABLE LAW.
(E) CANDIDATES FOR THE OFFICE OF MEMBER OF THE BOARD OF TRUSTEES OF
THE POUGHKEEPSIE 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 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 SECRETARY OF THE BOARD OF TRUSTEES
OF THE LIBRARY. EACH PETITION SHALL BE FILED WITH THE SECRETARY OF THE
BOARD OF TRUSTEES OF THE LIBRARY, BETWEEN THE HOURS OF 9:00 A.M. AND
5:00 P.M., NOT LATER THAN THE SIXTIETH DAY BEFORE THE ELECTION AT WHICH
THE CANDIDATES NOMINATED ARE TO BE ELECTED.
S 2. Subdivision (b) of section 3 of chapter 524 of the laws of 1987,
relating to establishing the Greater Poughkeepsie library district, in
the city and town of Poughkeepsie, Dutchess county, as amended by chap-
ter 361 of the laws of 1997, is amended to read as follows:
(b) Commencing in 1997 for the budget to be prepared for fiscal year
1998 the proposed annual budget, and propositions of supplemental appro-
A. 10563 3
priations, if any, and a proposition for capital expenditure, if any,
for the district as established by the trustees shall be placed before
the voters in the general election ON THE SAME DAY AND BALLOT AS THE
GENERAL ELECTION AS ADMINISTERED BY THE BOARD OF ELECTIONS WITH THE
RESULTS OF SAID ELECTION BEING CERTIFIED BY THE BOARD OF ELECTIONS in
the year preceding the year for which the proposed budget has been
established. Each proposition for supplemental appropriation shall iden-
tify a singular purpose and specific dollar appropriation and shall be
worded in such a manner as to require an affirmative vote for passage.
All budget propositions, including the annual budget propositions for
supplemental appropriations, and propositions for capital expenditures
will require approval by a majority of voters in the city and, also, a
majority of voters in the town, hereinafter referred to as the majority.
Upon approval of such proposed operating budget, and of the proposition
for supplemental appropriations, and of the proposition authorizing
indebtedness for capital construction by the majority, the proposed
budget including the supplemental appropriations and capital revenues
and expenditures shall become the budget of the district for the follow-
ing fiscal year. In the event that the proposition for indebtedness is
approved by the majority, the city and the town shall incur such indebt-
edness on behalf of the district, and such indebtedness shall be appor-
tioned between the city and the town pursuant to the formula set forth
in this section. In the event that the proposed budget is not approved
by the majority, the proposed budget shall be deemed amended so that the
portion of the proposed budget providing for real property tax revenue
to be received from the city and town be changed to equal the real prop-
erty tax revenue provided for in the district budget in effect as of the
time of the vote as amended by the supplemental appropriations if
approved. In the event that a proposition for supplemental appropri-
ations or for capital purposes is not approved by the majority, no
appropriation shall be included for such unapproved proposition. In the
event that the voters do not approve the proposed budget as aforesaid,
and upon the proposed budget being deemed amended as aforesaid, the real
property taxes to be levied by the city and the town for the district
shall be levied in an amount required to provide the city and town
contribution as herein set forth rather than the city and town contrib-
ution as set forth in the proposed budget. After the annual budgets for
the city and the town have been adopted by the city and the town , the
city and town shall assess and levy upon the taxable real property with-
in the district the amounts to be raised by tax for the purposes of the
district as specified in the district's annual budget and shall cause
the amount so assessed and levied to be collected, in the same manner
and at the same time and by the same officers as city taxes and town
taxes are assessed, levied and collected.
S 3. This act shall take effect immediately.