Bill Text: NY A08313 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the LaGrange Public Library District in the town of LaGrange.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-11 - substituted by s5504c [A08313 Detail]
Download: New_York-2011-A08313-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8313
2011-2012 Regular Sessions
I N A S S E M B L Y
June 13, 2011
___________
Introduced by M. of A. J. MILLER -- read once and referred to the
Committee on Libraries and Education Technology
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:
1 Section 1. Creation of library district. Notwithstanding the
2 provisions of any general, special, or local law to the contrary, there
3 is hereby created and established in the town of LaGrange, county of
4 Dutchess, a public library district which shall be known as the LaGrange
5 public library district, hereinafter referred to as the district, and
6 which shall consist of all the territory within the town of LaGrange,
7 hereinafter referred to as the town. The district will operate a public
8 library to be known as the LaGrange public library.
9 S 2. Election. 1. The district herein described shall not come into
10 existence unless and until it is approved with the initial tax levy in
11 support thereof proposed by the board of trustees of the existing
12 LaGrange library, and nine trustees are elected by a vote of the majori-
13 ty of the qualified voters voting in an election held, not later Novem-
14 ber 15, 2012, pursuant to the following provisions:
15 Upon receipt of a petition signed by not less than twenty-five voters
16 qualified to vote at a general election in the town, the board of trus-
17 tees of the existing LaGrange library shall, at least sixty days prior
18 to the general election, file such petition with the board of elections
19 of Dutchess county which shall cause the board of elections of Dutchess
20 county to give notice of an election to be held with the general
21 election in the town. If a majority of the voters approve the formation
22 of the district with the initial tax levy in support thereof proposed by
23 the board of trustees of the existing LaGrange library, then the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11825-05-1
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1 district shall come into existence on the terms and conditions set forth
2 in this act. At such election the issues shall be:
3 (a) whether the public library district herein described with the
4 initial tax levy in support thereof proposed by the board of trustees of
5 the existing LaGrange library shall be created or not; and
6 (b) the election of nine trustees as provided by this act.
7 The board of elections of Dutchess county shall give notice of such
8 election with the general election for the town of LaGrange in accord-
9 ance with the rules relating to such notice in the election law. In
10 addition, the board of trustees of the existing LaGrange library shall
11 cause copies of such notice to be posted conspicuously in three public
12 places in the district at least fourteen days prior to the date of such
13 election. Such notice shall specify the issues to be decided at such
14 election and that the election will be held as part of the general
15 election. Every voter otherwise qualified to vote at a general election
16 and residing within the town shall be qualified to vote at said
17 election.
18 2. In the event that the district is created, there shall be an annual
19 election conducted by the board of elections of Dutchess county in
20 accordance with the provisions of subdivision one of this section in
21 conjunction with the general election in the town, at which election
22 vacancies on the board of trustees shall be filled and at which any
23 proposed tax levy which the board shall determine to submit to the
24 voters pursuant to section four of this act shall be submitted to the
25 voters.
26 3. Candidates for the office of member of the board of trustees of the
27 LaGrange public library district shall be nominated by petition. No
28 vacancy on the board of trustees to be filled shall be considered a
29 separate, specific office. A separate petition shall be required to
30 nominate each candidate for a vacancy on the board. Each petition shall
31 be directed to the board of elections of Dutchess county, with a copy to
32 the secretary of the board of trustees of the existing LaGrange library,
33 shall be signed by at least twenty-five qualified voters of the
34 district, shall state the residence of each signer, and shall state the
35 name and residence of the candidate. In the event that any such nominees
36 shall withdraw their candidacy prior to the election, such person shall
37 not be considered a candidate unless a new petition nominating such
38 person in the same manner and within the same time limitation applicable
39 to other candidates is filed with the board of elections of Dutchess
40 county, with a copy to the secretary of the board of trustees of the
41 existing LaGrange library. Each petition shall be filed with the board
42 of elections of Dutchess county, with a copy to the secretary of the
43 board of trustees of the existing LaGrange library, between the hours of
44 9:00 a.m. and 5:00 p.m., not later than the thirty-first day of August
45 preceding the general election at which the candidates nominated are to
46 be elected. In the event that the new district is created, petitions
47 nominating candidates for the board of trustees for all future elections
48 shall be filed with the board of elections of Dutchess county, with a
49 copy to the secretary of the LaGrange public library district.
50 S 3. Organization and structure. The LaGrange public library district
51 shall be managed, operated, and controlled by a board of trustees
52 consisting of nine members. The trustees shall take office on the first
53 day of January following their election. At the first regular meeting of
54 the board of trustees of the district, the trustees shall determine when
55 the terms of office of each member shall expire as follows: the trustees
56 receiving the first, second, and third highest number of votes shall
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1 each serve for three years, the trustees receiving the fourth, fifth,
2 and sixth highest number of votes shall each serve for two years, and
3 the trustees receiving the seventh, eighth, and ninth highest number of
4 votes shall each serve for one year. As vacancies occur due to expira-
5 tion of terms of office, trustees shall be elected by the voters of the
6 district at the election provided for by this act to serve three year
7 terms, such terms to commence on the first day of January next following
8 the election. All other vacancies caused by resignation, removal, death,
9 or inability to serve shall be filled by appointment by the board of
10 trustees of the district for the remaining portion of the term being
11 filled. Only qualified voters of the district shall be eligible for
12 election to the board of trustees. The board of trustees at its first
13 meeting each year shall elect or appoint a president and vice-president,
14 who shall be members of the board, and a secretary, treasurer, and such
15 other officers as they deem necessary. If the board so determines, the
16 offices of secretary and treasurer may be held by individuals who are
17 not members of the board of trustees and, in that event, such officers
18 may, if the board so determines, receive compensation as fixed by resol-
19 ution of the board.
20 S 4. Finances. 1. The initial tax levy to support the district shall
21 be determined by a vote of the voters of the district in the initial
22 election as hereinafter provided for. All future increases or decreases
23 to the district's proposed total tax levy as compared to the total tax
24 levy in the preceding fiscal year shall be submitted to the residents
25 voting at the annual election of trustees pursuant to section two of
26 this act. The question to be placed on the ballot shall be given to the
27 board of elections of Dutchess county for inclusion on the ballot at
28 least thirty-six days prior to the annual election. Funds voted for
29 library proposes at the initial election and at all future elections
30 shall be considered an annual appropriation therefor and shall be levied
31 and collected yearly by the town for the district in the same manner and
32 at the same time as other taxes in the town of LaGrange.
33 2. The town board of the town of LaGrange shall levy a tax against
34 the real property lying within the LaGrange public library district for
35 the amount to be raised by tax as approved by the voters of the LaGrange
36 public library district. The town board shall pay the tax levy approved
37 by the voters over to the treasurer of the LaGrange public library
38 district as those revenues are collected and received by the town. If
39 necessary, the town board may issue tax anticipation notes pursuant to
40 article II of the local finance law to obtain the necessary moneys
41 therefor.
42 3. The town board of the town of LaGrange shall have the power to
43 authorize, sell, and issue bonds, notes, and other evidences of indebt-
44 edness pursuant to the local finance law in order to permit the district
45 to provide facilities or improved facilities for library purposes. Upon
46 written request from the board of trustees of the LaGrange public
47 library district, after approval by the qualified voters of such
48 district, the town board shall authorize, sell, and issue such bonds,
49 notes, or other evidences of indebtedness as are necessary to accomplish
50 the improvements specified in the notice. The proceeds of such bonds,
51 notes, or other evidences of indebtedness shall be paid to the treasurer
52 of the LaGrange public library district and maintained in a segregated
53 account in accordance with section 165.00 of the local finance law and
54 expended by the treasurer only on specific authorization by the board of
55 trustees.
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1 4. The board of trustees of the LaGrange public library district may
2 accept on behalf of the district any absolute gift, devise, or bequest
3 of real or personal property and such conditional gifts, devises, or
4 bequests as it shall by resolution approve.
5 5. The treasurer of the LaGrange public library district shall be
6 custodian of all funds of the district, including gifts and trust funds
7 paid over to the trustees. The board of trustees may authorize the
8 investment of funds in the custody of the treasurer in the same manner
9 in which town funds may be invested. Proceeds of obligations received
10 from the town may be invested in accordance with section 165.00 of the
11 local finance law. The town of LaGrange shall promptly pay over to the
12 LaGrange public library district all monies which belong to or are
13 raised for the district. No monies shall be disbursed by the treasurer
14 of the district except after audit by the board of trustees. The board
15 of trustees of the LaGrange public library district shall audit all
16 claims and shall order the payment thereof, except as otherwise provided
17 by this section. No such claims shall be audited or ordered paid by the
18 trustees unless an itemized voucher therefor shall be presented to the
19 board of trustees for audit and allowance. The provisions of this
20 section shall not be applicable to payment of utility costs, claims of
21 fixed salaries, and amounts which the district may be required to pay on
22 account of retirement contributions for past or current services to
23 officers and employees of the district. The treasurer shall keep such
24 records in such manner as the board of trustees may require.
25 S 5. Charter, commencement of operations, and transfer of property and
26 employees. The initially elected trustees shall, within forty-five days
27 from the date of approval of the district by the voters of the district,
28 apply to the board of regents for a charter as a public library. Upon
29 the granting of such a charter by the board of regents, title to all
30 liabilities and assets, including all property, both real and personal,
31 and both tangible and intangible, all trust and other funds, and all
32 other obligations, now held by the existing LaGrange library shall be
33 transferred to, vested in, and be acquired by the district established
34 by this act. The above provisions for transfer to, vesting and acquisi-
35 tion of real and personal property, both tangible and intangible, and
36 all trust and other funds, are effectuated by operation of law pursuant
37 to the authority of this act, except that, for purposes of clarity of
38 real property records, deeds of conveyance shall be executed and filed
39 for any parcels of real property. Upon the transfer of all such proper-
40 ty, the existing LaGrange library shall be deemed dissolved. Upon the
41 granting of such charter by the board of regents, all employees of the
42 exiting LaGrange library shall become employees of the district upon the
43 same terms and conditions of employment and at the same rate of pay as
44 their previous employment by the existing LaGrange library.
45 S 6. Ad valorem levy. The several lots and parcels of land within the
46 area of the district are hereby determined to be benefited by the
47 library facilities and devices existing as of the effective date of this
48 act, and the town of LaGrange is hereby authorized to assess, levy, and
49 collect the necessary expenses of operation, maintenance, and repair of
50 such facilities and services and such capital improvements, including
51 debt service on bonds, notes, or other evidences of indebtedness of the
52 town issued for the purpose of the LaGrange public library district, as
53 may be hereafter authorized pursuant to the provisions of this act from
54 such lots and parcels of land in the same manner and at the same time as
55 other town charges.
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1 S 7. Education law. Except as otherwise provided by this act, the
2 provisions of the education law relating to public libraries shall be
3 applicable to the district established by this act.
4 S 8. The LaGrange public library district is deemed a special district
5 which is separate and distinct from the town for all purposes, including
6 but not limited to management, appropriations, and expenditures. Any tax
7 levy for the district shall not be charged or imputed to the town, and
8 shall instead be charged or imputed to the district, for purposes of any
9 general or special laws enacted by the legislature.
10 S 9. Section 5 of chapter 672 of the laws of 1993, amending the public
11 authorities law relating to the construction and financing of facilities
12 for certain public libraries, as amended by chapter 501 of the laws of
13 2010, is amended to read as follows:
14 S 5. The following libraries shall be eligible public libraries for
15 purposes of title 4 of article 8 of the public authorities law:
16 Comsewogue Public Library
17 Rogers Memorial Library Company
18 Hendrick Hudson Free Library
19 Riverhead Free Library
20 Northern Onondaga Public Library District
21 Suffern Free Library
22 Haverstraw King's Daughters Public Library
23 Crandall Public Library
24 Sayville Library
25 Monroe Free Library
26 Harborfields Public Library
27 Howland Public Library
28 Patchogue-Medford Library
29 New City Library
30 Babylon Public Library
31 Lindenhurst Memorial Library
32 Great Neck Library
33 Caledonia Public Library
34 Bayport-Blue Point Public Library
35 The Bryant Library
36 Swan Library
37 Bay Shore-Brightwaters Public Library
38 The Albany Public Library
39 Elwood Public Library
40 Peninsula Public Library
41 Smithtown Special Library District
42 Goshen Public Library and Historical Society
43 The Hauppauge Public Library
44 The Nyack Library
45 North Merrick Public Library
46 Southold Free Library
47 The Hampton Library in Bridgehampton, Inc.
48 John Jermain Memorial Library
49 Westhampton Free Library
50 The Plainview-Old Bethpage Public Library
51 Commack Public Library
52 Troy Public Library
53 D.R. Evarts Library District
54 LAGRANGE PUBLIC LIBRARY DISTRICT
55 S 10. This act shall take effect immediately; provided, that section
56 nine of this act shall take effect on the same date as the LaGrange
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1 public library district shall come into existence pursuant to this act;
2 provided that the trustees of the LaGrange public library district shall
3 notify the legislative bill drafting commission upon the creation of
4 such district pursuant to this act in order that the commission may
5 maintain an accurate and timely effective data base of the official text
6 of the laws of the state of New York in furtherance of effectuating the
7 provisions of section 44 of the legislative law and section 70-b of the
8 public officers law.
