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

                                 7785--A
    Cal. No. 1308

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  SERINO -- 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 and second
  report, amended on second report, ordered to a third reading,  and  to
  be  reprinted  as  amended,  retaining its place in the order of third
  reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD15117-04-6

S. 7785--A                          2

  [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
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

S. 7785--A                          3

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-
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.