Sample Legislation: Chemung County Library District

STATE OF NEW YORK
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S. 5321--A A. 8116--A

2005-2006 Regular Sessions

S E N A T E - A S S E M B L Y

May 10, 2005
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IN SENATE -- Introduced by Sen. WINNER -- read twice and ordered print-
ed, 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

IN ASSEMBLY -- Introduced by M. of A. O`MARA -- read once and referred
to the Committee on Libraries and Education Technology -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee

AN ACT in relation to establishing the Chemung county library district

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 county of Chemung a public
4 library district which shall include all of the territory within the
5 county of Chemung. The public library district shall be known as the
6 Chemung county library district.
7 S 2. Election. 1. The Chemung county library district herein described
8 shall not come into existence unless and until it is approved and the
9 initial proposed budget is approved by a vote of the majority of the
10 qualified voters voting in an election held pursuant to the following
11 provisions:
12 Upon receipt by each of the boards of trustees of the Steele Memorial
13 Library and the Horseheads Free Library, respectively, of identical
14 petitions each signed by at least twenty-five voters qualified to vote
15 at a general county election, the boards of trustees of the Steele Memo-
16 rial Library and the Horseheads Free Library, jointly, shall give notice
17 of an election to be conducted pursuant to the provisions of this act.
18 Such election shall be held within one year after this act shall have
19 become a law. If a majority of the voters of the county approve the

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD11627-02-5

S. 5321--A 2 A. 8116--A

1 formation of the library district, then the district shall come into
2 existence on the terms and conditions set forth in this act. At such
3 election the issues shall be:
4 (a) whether the library district shall be created or not; and
5 (b) whether the budget therefor proposed by the boards of trustees of
6 the Steele Memorial Library and the Horseheads Free Library shall be
7 approved or disapproved.
8 The trustees of the existing Steele Memorial Library and the Horse-
9 heads Free Library, jointly, shall give notice of such election by the
10 publication of a notice in one or more newspapers having a general
11 circulation in the district to be served. The first publication of such
12 notice shall be not less than thirteen days and not more than twenty
13 days prior to the date of such election. In addition, the boards of
14 trustees of the existing Steele Memorial Library and the Horseheads Free
15 Library shall cause copies of such notice to be posted conspicuously in
16 fifteen public places within the county at least thirteen days prior to
17 the date of such election. Such notice shall specify the time when and
18 the place where such election will be held, the issues to be decided at
19 such election and the hours during which polls will be open. The polling
20 places to be used shall be designated by the boards of trustees of the
21 Steele Memorial Library and the Horseheads Free Library. The boards of
22 trustees of the Steele Memorial Library and the Horseheads Free Library
23 shall designate a resident qualified voter to act as chairperson of the
24 election and shall designate not less than two nor more than four resi-
25 dent qualified voters to act as election inspectors and ballot clerks at
26 each polling place. No trustee shall serve as chairperson or as an
27 election inspector or ballot clerk. The boards of trustees of the Steele
28 Memorial Library and the Horseheads Free Library may adopt a resolution
29 providing that such chairpersons, election inspectors and ballot clerks
30 shall be paid for their respective services at elections. Such resol-
31 ution, if adopted, may fix reasonable compensation for the services of
32 such official. Every voter of the district otherwise qualified to vote
33 at a general county election shall be qualified to vote at said
34 election. After the polls have closed at such election, the election
35 inspectors and the ballot clerks shall immediately canvass publicly the
36 ballots cast, and the chairperson of the election shall publicly
37 announce the result.
38 Within seventy-two hours thereafter, the chairperson, election inspec-
39 tors and ballot clerks shall execute and file a certificate of the
40 result of the canvass with the boards of trustees of the Steele Memorial
41 Library and the Horseheads Free Library and with the Chemung county
42 clerk.
43 Upon approval of the formation of the Chemung county library district
44 based on the initial election to be held pursuant to this subdivision,
45 the board of trustees of the Steele Memorial Library shall appoint ten
46 library district trustees, one residing in each of county legislative
47 districts 2, 7, 8, 9, 10, 11, 12, 13, 14 and 15; and the Horseheads Free
48 Library shall appoint five library district trustees, one residing in
49 each of county legislative districts 1, 3, 4, 5 and 6. Each appointee
50 must be a qualified voter of the Chemung county library district at the
51 time of appointment and throughout his or her respective term.
52 2. In the event that the Chemung county library district is created,
53 there shall be an annual election conducted by the board of trustees of
54 the district in accordance with the election procedures provided in
55 subdivision one of this section, at a time to be set by the district
56 board, at which election vacancies on the board of trustees shall be

S. 5321--A 3 A. 8116--A

1 filled and at which any proposed budget which the board shall determine
2 to submit to the voters pursuant to section four of this act shall be
3 submitted to the voters.
4 3. Candidates for the office of member of the board of trustees of the
5 Chemung county library district shall be nominated by petition. A sepa-
6 rate petition shall be required to nominate each candidate for a vacancy
7 on the board. In the event the library district is created, petitions
8 nominating candidates for the district board of trustees shall be filed
9 with the secretary of the Chemung county library district. Each petition
10 shall be signed by at least twenty-five qualified voters of the election
11 district in which the vacancy occurs, shall state the residence of each
12 signer, and shall state the name and residence of the candidate. In the
13 event that any such nominee shall withdraw candidacy prior to the
14 election, such person shall not be considered a candidate unless a new
15 petition nominating such person in the same manner and within the same
16 time limitations applicable to other candidates is filed with the secre-
17 tary of the board of trustees. Each petition shall be filed with the
18 secretary of the board of trustees between the hours of 9:00 a.m. and
19 5:00 p.m., not later than the thirty-sixth day preceding the election at
20 which time the candidates nominated are to be elected. The candidate
21 receiving the largest number of votes in an election district shall be
22 elected to fill the vacancy on the board occurring in such election
23 district. In the event there are no candidates from an election
24 district, the library board may appoint a qualified voter from the
25 election district to serve on the board until the next annual district
26 election.
27 S 3. Organization and structure. 1. The Chemung county library
28 district shall be managed, operated and controlled by a board of trus-
29 tees consisting of fifteen members. The library district shall have
30 fifteen election districts corresponding to the fifteen legislative
31 districts within the county of Chemung. The board of trustees may adjust
32 the election districts from time to time to conform to any adjustments
33 to the legislative districts in the county of Chemung.
34 2. The trustees shall at the first regular meeting of the district
35 board determine by lot the year in which each of their terms of office
36 expire, and the terms shall expire as follows: After one year five trus-
37 tees; after two years five trustees; after three years five trustees. As
38 vacancies occur, trustees shall be elected at the annual election
39 provided for by this act to serve three-year terms, such terms to
40 commence on the first day of the fiscal year of the library district
41 next following the election. No member shall serve more than nine
42 consecutive years. Only qualified voters of the district shall be eligi-
43 ble for election to the board of trustees. The board of trustees at its
44 first meeting each fiscal year shall elect or appoint a president and
45 vice-president who shall be members of the board and a secretary, treas-
46 urer and such other officers as they deem necessary. If the board so
47 determines, the offices of secretary and treasurer may be held by indi-
48 viduals who are not members of the board of trustees and, in that event,
49 such officer may, if the board so determines, receive compensation as
50 fixed by resolution of the board.
51 S 4. Finances. 1. The initial budget for the Chemung county library
52 district shall be determined by a vote of the voters of the district in
53 the initial election as hereinafter provided. All future budgets that
54 increase or decrease the appropriation last approved by the voters shall
55 be submitted by the library board to the residents of the library
56 district for approval by a majority of those residents voting at the

S. 5321--A 4 A. 8116--A

1 annual election. Funds voted for library purposes at the initial
2 election and at all future budget elections shall be considered an annu-
3 al appropriation therefor and shall be levied and collected yearly in
4 the same manner and at the same time as other taxes in the county of
5 Chemung.
6 2. The board of trustees shall annually file with the clerk of the
7 county of Chemung an estimate of the budget to be raised by levy for the
8 library district for the following fiscal year. The county shall not
9 make any change in the estimate of the budget submitted by the board of
10 the library district.
11 3. The Chemung county legislature shall levy a tax against the real
12 property lying within the county of Chemung for the amount to be raised
13 by tax as contained in the annual budget of the Chemung county library
14 district. The county legislature may issue tax anticipation notes,
15 anticipation revenue notes pursuant to article 2 of the local finance
16 law to obtain the necessary moneys thereof.
17 4. The Chemung county legislature shall have the power to authorize,
18 sell and issue bonds, notes and other evidences of indebtedness pursuant
19 to the local finance law in order to permit the library district to
20 provide facilities or improved facilities for library purposes. Upon
21 written request from the board of trustees of the Chemung county library
22 district, the Chemung county legislature shall determine whether the
23 county will consent to authorize, sell and issue such bonds, notes or
24 other evidences of indebtedness as are necessary to accomplish the
25 improvements specified in the request. Upon such consent by the county
26 legislature and subsequent resolution of the board of trustees and
27 approval by the qualified voters of the library district, the county
28 shall authorize, sell and issue such bonds, notes or other evidences of
29 indebtedness as are necessary to accomplish the improvements specified
30 in the request. The proceeds of such bonds, notes or other evidences of
31 indebtedness shall be paid to the treasurer of the Chemung county
32 library district and maintained in a segregated account in accordance
33 with section 165.00 of the local finance law and expended by the treas-
34 urer only on specific authorization by the board of trustees.
35 5. The board of trustees of the Chemung county library district may
36 accept on behalf of the district any absolute gift, devise or bequest of
37 real or personal property and such conditional gifts, devises or
38 bequests as it shall by resolution approve.
39 6. The treasurer of the Chemung county library district shall be
40 custodian of all funds of the library district including gifts and trust
41 funds paid over to the trustees. The board of trustees may authorize the
42 investment of funds in the custody of the treasurer in the same manner
43 in which school district funds may be invested. Proceeds of obligations
44 received from the county may be invested in accordance with section
45 165.00 of the local finance law. The county shall promptly pay over to
46 the Chemung county library district all moneys which belong to or are
47 raised for the library district. No moneys shall be disbursed by the
48 treasurer of the library district except after audit by the board of
49 trustees. The board of trustees of the library district shall audit all
50 claims and shall order the payment thereof, except as otherwise provided
51 by this section. No such claims shall be audited or ordered paid by the
52 trustees unless an itemized voucher therefor shall be presented to the
53 board of trustees for audit and allowance. The foregoing requirement
54 that no moneys shall be disbursed by the treasurer of the library
55 district except after audit by the board of trustees shall not be appli-
56 cable to payment of claims of fixed salaries and amounts which the

S. 5321--A 5 A. 8116--A

1 library district may be required to pay on account of retirement
2 contributions for past or current services to officers and employees of
3 the library district. The treasurer shall keep such records in such
4 manner as the board of trustees may require.
5 S 5. Charter, commencement of operations, and transfer of property and
6 employees. 1. The initial trustees shall, within thirty days from the
7 date of approval of the library district by the voters of the district,
8 apply to the board of regents for a charter as a public library. Upon
9 the granting of such a charter by the board of regents, title to all
10 library property, both real and personal, tangible and intangible, trust
11 and other funds, now held by the Steele Memorial Library, the Horseheads
12 Free Library, their boards of trustees, or the county of Chemung shall
13 be transferred to, vest in, and be acquired by the Chemung county
14 library district established by this act. Upon the granting of such
15 charter by the board of regents, all employees of the Steele Memorial
16 Library and the Horseheads Free Library shall become employees of the
17 library district upon the same terms and conditions of employment as
18 their previous employment by the Steele Memorial Library or the Horse-
19 heads Free Library.
20 2. Upon creation, the Chemung county library district shall continue
21 to operate all existing outlets of the Steele Memorial Library Associ-
22 ation and the Horseheads Free Library Association. If the board of trus-
23 tees demonstrates that it would like to close the Steele Memorial
24 Library or the Horseheads Free Library, it may only do so upon approval
25 of the qualified voters of the library district by a separate resolution
26 voted upon at the same time as the annual budget of the library
27 district.
28 S 6. Ad valorem levy. The several lots and parcels of land within the
29 area of said library district are hereby determined to be benefited by
30 the library facilities and devices existing as of the effective date of
31 this act and the county of Chemung is hereby authorized to assess, levy
32 and collect the necessary expenses of operation, maintenance and repair
33 of such facilities and services and such capital improvements including
34 debt service on bonds, notes or other evidences of indebtedness of the
35 county issued for the purpose of the Chemung county library district as
36 may be hereafter authorized pursuant to the provisions of this act from
37 such lots and parcels of land in the same manner and at the same time as
38 other county charges.
39 S 7. Education law. Except as otherwise provided by this act, the
40 provisions of the education law relating to public libraries shall be
41 applicable to the Chemung county library district established by this
42 act.
43 S 8. This act shall take effect immediately.


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