Sample Legislation: Constantia Public Library District

STATE OF NEW YORK

________________________________________________________________________

6386--C

Cal. No. 585

IN SENATE

March 8, 2004

___________

Introduced by Sen. WRIGHT -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- ordered to a third reading, amended
and ordered reprinted, retaining its place in the order of third read-
ing -- passed by Senate and delivered to the Assembly, recalled, vote
reconsidered, restored to third reading, amended and ordered
reprinted, retaining its place in the order of third reading

AN ACT in relation to creating the Constantia public library in the town
of Constantia, county of Oswego

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Creation of public 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 Oswego, a public
4 library district which shall include all of the town of Constantia. The
5 public library district shall be known as the Constantia public library.
6 S 2. Election. 1. The public library district described in this act
7 shall not come into existence unless and until it is approved and the
8 initial proposed budget is approved by a vote of the majority of the
9 qualified voters voting in an election held pursuant to the following
10 provisions:
11 Upon receipt of a petition signed by not less than fifty voters quali-
12 fied to vote at a general town election, the board of trustees of the
13 existing Julie Thurston Library Guild, Inc. shall give notice not less
14 than thirty days prior to an election to be held on or before December
15 31, 2004. If a majority of the voters approve the formation of the
16 district, then the district shall come into existence on the terms and
17 conditions set forth in this act. At such election the issue shall be:
18 (a) whether the public library district therein described with the
19 initial budget therefor proposed by the board of trustees of the Julie
20 Thurston Library Guild, Inc. shall be created or not; and
21 (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.

LBD17075-09-4

S. 6386--C | 2

1 The trustees of the existing Julie Thurston Library Guild, Inc. shall
2 give notice of such election by the publication of a notice in one or
3 more newspapers having a general circulation in the district to be
4 served. The first publication of such notice shall be not less than
5 thirty days prior to the date of such election. In addition, the board
6 of trustees of the existing Julie Thurston Library Guild, Inc. shall
7 cause copies of such notice to be posted conspicuously in three public
8 places in the district at least thirty days prior to the date of such
9 election. Such notice shall specify the time when and the place where
10 such election will be held, the issues to be decided at such election
11 and the hours during which polls will be open for the receipt of ballots
12 thereof at all elections from 7:00 a.m. until 8:00 p.m. The board of
13 trustees of the existing Julie Thurston Library Guild, Inc. shall
14 designate a resident qualified voter of such district to act as chair-
15 person of any election of such district and shall designate not less
16 than two nor more than four resident qualified voters to act as election
17 inspectors and ballot clerks at such elections. No trustee shall serve
18 as chairperson or as an election inspector or ballot clerk. The board
19 of trustees may adopt a resolution providing that such chairperson,
20 election inspectors and ballot clerks shall be paid for their respective
21 services at the initial election. Such resolution, if adopted, may fix
22 reasonable compensation for the services of such officials. Every voter
23 of the district, otherwise qualified to vote at a town election shall be
24 qualified to vote at such election. After the polls have closed at such
25 election, the election inspectors and the ballot clerks shall immediate-
26 ly canvass publicly the ballots cast and the chairperson of the election
27 shall publicly announce the result. Within seventy-two hours thereafter,
28 the chairperson, election inspectors and ballot clerks shall execute and
29 file a certificate of the result of the canvass with the board of trus-
30 tees and the Constantia town clerk.
31 2. In the event that the district is created, there shall be an annual
32 election conducted by the board of trustees of the Constantia public
33 library in accordance with the provisions of subdivision one of this
34 section, at a time to be set by the board, at which election vacancies
35 on the board of trustees shall be filled and at which any proposed budg-
36 et which the board shall determine to submit to the voters pursuant to
37 section four of this act shall be submitted to the voters.
38 3. Candidates for the office of member of the board of trustees of the
39 Constantia public library shall be nominated by petition. No vacancy on
40 the board of trustees to be filled shall be considered a separate
41 specific office. A separate petition shall be required to nominate each
42 candidate for a vacancy on the board. Each petition shall be directed to
43 the secretary of the board of trustees, shall be signed by at least 50
44 qualified voters of the district, shall state the residence of each
45 signer, and shall state the name and residence of the candidate. In the
46 event that any such nominees shall withdraw candidacy prior to the
47 election, such person shall not be considered a candidate unless a new
48 petition nominating such person in the same manner and within the same
49 time limitation applicable to other candidates is filed with the secre-
50 tary of the board of trustees. Each petition shall be filed with the
51 secretary of the board of trustees between the hours of 9:00 a.m. and
52 5:00 p.m., not later than the thirtieth day preceding the election at
53 which time the candidates nominated are to be elected. In the event the
54 Constantia public library is created, petitions nominating candidates
55 for the board of trustees after the initial election shall be filed with
56 the secretary of the Constantia public library.

S. 6386--C | 3

1 4. At any election in such district, the voters may adopt a proposi-
2 tion providing that, in all subsequent elections, vacancies on the board
3 of trustees shall be considered separate specific offices and that the
4 nominating petitions shall describe the specific vacancy upon the board
5 of trustees for which the candidate is nominated, which description
6 shall include at least the length of the term of the office and the name
7 of the last incumbent, if any. No person shall be nominated for more
8 than one specific office. Such procedure shall be followed with respect
9 to all nominations and elections in subsequent years until and unless
10 such proposition is repealed by the electors of the district at a regu-
11 lar election by adoption of a proposition to repeal the same.
12 S 3. Organization and structure. The Constantia public library shall
13 be managed, operated and controlled by a board of trustees consisting of
14 nine members, but in no event shall the board of trustees consist of
15 fewer than five members. The trustees shall at the first regular meeting
16 of the board determine by lot the year in which each of their terms of
17 office expire, and the terms shall expire as follows: after one year
18 three trustees; after two years three trustees; after three years three
19 trustees.
20 As vacancies occur trustees shall be elected at the annual election
21 provided for by this act to serve three year terms by the voters of the
22 public library district hereby created, such terms to commence on the
23 first day of the month next following the election. Only qualified
24 voters of the district shall be eligible for election to the board of
25 trustees. The board of trustees at its first meeting each year shall
26 elect or appoint a president and vice-president who shall be members of
27 the board and a secretary, treasurer and such other officers as they
28 deem necessary. If the board so determines, the offices of secretary and
29 treasurer may be held by individuals who are not members of the board of
30 trustees and, in that event, such officer may, if the board so deter-
31 mines, receive compensation as fixed by resolution of the board.
32 S 4. Finances. 1. The initial budget for the Constantia public library
33 shall be determined by a vote of the voters of the district in the
34 initial election as hereinafter provided for. All future budgets that
35 increase the Constantia library proposed total operating expenditures
36 over the total operating expenditures in the last preceding fiscal
37 year`s budget shall be submitted to the residents voting at the annual
38 election of trustees pursuant to section two of this act. Funds voted
39 for library purposes at the initial election and at all future budget
40 elections shall be considered an annual appropriation therefor and shall
41 be levied and collected yearly in the same manner and at the same time
42 as other taxes in the town of Constantia.
43 2. The board of trustees shall annually file with the clerk of the
44 town of Constantia on or before the first day of August an estimate of
45 the proposed budget, including costs of library services, to be raised
46 by levy for the library district in the fiscal year beginning on the
47 first day of January of the following year. The town shall not make any
48 change in the estimate of revenues or expenditures submitted by the
49 board of the library district in preparation of its preliminary budget.
50 3. The town board of the town of Constantia shall levy a tax against
51 the real property lying within the town of Constantia for the amount to
52 be raised by tax as contained in the annual budget of the Constantia
53 public library. The town board may issue tax anticipation notes, antic-
54 ipation revenue notes and budget notes pursuant to article 2 of the
55 local finance law to obtain the necessary moneys therefor.

S. 6386--C | 4

1 4. The town board of the town of Constantia shall have the power to
2 authorize, sell and issue bonds, notes and other evidences of indebt-
3 edness pursuant to the local finance law in order to permit the Constan-
4 tia public library to provide facilities or improved facilities for
5 library purposes. Upon written request from the board of trustees of the
6 Constantia public library, after approval by the qualified voters of
7 such district, the town board shall authorize, sell and issue such
8 bonds, notes or other evidences of indebtedness as are necessary to
9 accomplish the improvements specified in the notice. The proceeds of
10 such bonds, notes or other evidences of indebtedness shall be paid to
11 the treasurer of the Constantia public library and maintained in a
12 segregated account in accordance with section 165.00 of the local
13 finance law and expended by the treasurer only on specific authorization
14 by the board of trustees.
15 5. The board of trustees of the Constantia public library may accept
16 on behalf of the district any absolute gift, devise or bequest of real
17 or personal property and such conditional gifts, devises or bequests as
18 it shall by resolution approve.
19 6. The treasurer of the Constantia public library shall be custodian
20 of all funds of the library district, including gifts and trust funds
21 paid over to the trustees. The board of trustees may authorize the
22 investment of funds in the custody of the treasurer in the same manner
23 in which school district funds may be invested. Proceeds of obligations
24 received from the town may be invested in accordance with section 165.00
25 of the local finance law. The town of Constantia shall promptly pay over
26 to the Constantia public library all moneys which belong to or are
27 raised for the library district. No moneys shall be disbursed by the
28 treasurer of the library district except after audit by the board of
29 trustees. The board of trustees of the Constantia library district shall
30 audit all claims and shall order the payment thereof, except as other-
31 wise provided by this section. No such claims shall be audited or
32 ordered paid by the trustees unless an itemized voucher therefor shall
33 be presented to the board of trustees for audit and allowance. The
34 provisions of this section shall not be applicable to payment of claims
35 of fixed salaries and amounts which the library districts may be
36 required to pay on account of retirement contributions for past or
37 current services to officers and employees of the library district. The
38 treasurer shall keep such records in such manner as the board of trus-
39 tees may require.
40 S 5. Charter, commencement of operations, and transfer of property
41 and employees. The initial elected trustees shall, within thirty days
42 from the date of approval of the library district by the voters of the
43 district, apply to the board of regents for a charter as a public
44 library. Upon the granting of such a charter by the board of regents,
45 then title to all liabilities and assets, including all property, real
46 and personal, and all other tangible and intangible property, trust and
47 other funds, and all other obligations, now held by the Julie Thurston
48 Library Guild, Inc. shall be transferred to, vested in, and acquired by
49 the Constantia public library established by this act. Upon the granting
50 of such charter by the board of regents, all employees of the Julie
51 Thurston Library Guild, Inc. shall become employees of the Constantia
52 public library upon the same terms and conditions of employment and at
53 the same rate of pay as their previous employment by the Julie Thurston
54 Library Guild, Inc. In the event that the Constantia public library is
55 dissolved, terminated or otherwise ceases to exist, all rights and obli-

S. 6386--C | 5

1 gations of the Constantia public library shall revert to the Julie Thur-
2 ston Library Guild, Inc.
3 S 6. Ad valorem levy. The several lots and parcels of land within the
4 area of such public library district are hereby determined to be bene-
5 fited by the library facilities and devices existing as of the effective
6 date of this act and the town of Constantia is hereby authorized to
7 assess, levy and collect the necessary expenses of operation, mainte-
8 nance and repair of such facilities and services and such capital
9 improvements, including debt service on bonds, notes or other evidences
10 of indebtedness of the town issued for the purpose of the Constantia
11 public library as may be hereafter authorized pursuant to the provisions
12 of this act from such lots and parcels of land within the library
13 district in the same manner and at the same time as other town charges.
14 S 7. Education law. Except as otherwise provided by this act, the
15 provisions of the education law relating to public libraries shall be
16 applicable to the Constantia public library established by this act.
17 S 8. This act shall take effect immediately.

.SO DOC S 6386C *END* BTXT 2003

Last Updated: July 20, 2009 -- asm [created January 27, 2005]; for questions or comments, contact us