Sample Legislation: Mamakating Library District

STATE OF NEW YORK
________________________________________________________________________

4421--A

Cal. No. 996

2003-2004 Regular Sessions

IN SENATE

April 14, 2003

__________

Introduced by Sen. BONACIC -- 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, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading

AN ACT in relation to creating the Mamakating library district in the
town of Mamakating, 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 Mamakating, county of
4 Sullivan, a public library district which shall consist of that portion
5 of the town of Mamakating served by the Minisink, Pine Bush and Monti-
6 cello school districts, and shall be known as the Mamakating library
7 district.
8 S 2. Election. 1. The public library district described in this act
9 shall not come into existence unless and until it is approved, the
10 initial proposed budget is approved, and five trustees are elected by a
11 vote of the majority of the qualified voters voting in an election held
12 pursuant to the following provisions:
13 Upon receipt of a petition signed by not less than fifty voters quali-
14 fied to vote at a general election and residing within the area of the
15 proposed district, the board of trustees of the existing Mamakating
16 library shall give notice of an election to be held prior to October 31,
17 2003. If a majority of the voters approve the formation of the district,
18 then the district shall come into existence on the terms and conditions
19 set forth in this act. At such election the issue shall be:
20 (a) whether the public library district described in this act shall be
21 created or not on or about January 1, 2004;

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

LBD14175-02-3

S. 4421--A | 2

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

S. 4421--A | 3

1 the secretary of the board of trustees between the hours of 1:00 p.m.
2 and 5:00 p.m., not later than the thirtieth day preceding the election
3 at which time the candidates nominated are to be elected. In the event
4 that the new district is created, petitions nominating candidates for
5 the board of trustees after the initial election shall be filed with the
6 secretary of the Mamakating library district.
7 4. At any election in such district, the voters may adopt a proposi-
8 tion providing that, in all subsequent elections, vacancies on the board
9 of trustees shall be considered separate, specific offices and that the
10 nominating petitions shall describe the specific vacancy upon the board
11 of trustees for which the candidate is nominated, which description
12 shall include at least the length of the term of the office and the name
13 of the last incumbent, if any. No person shall be nominated for more
14 than one specific office. Such procedure shall be followed with respect
15 to all nominations and elections in subsequent years until and unless
16 such proposition is repealed by the electors of the district at a regu-
17 lar election by adoption of a proposition to repeal the same.
18 S 3. Organization and structure. The Mamakating library district shall
19 be managed, operated, and controlled by a board of trustees consisting
20 of five members. The trustees shall take office on the first day of the
21 month following their election and shall, at the first regular meeting
22 of the board, determine when terms of office of each member shall expire
23 as follows: the two trustees receiving the first and second highest
24 number of votes shall serve for four years, the two trustees receiving
25 the third and fourth highest number of votes shall serve for three
26 years, and the trustee receiving the fifth highest number of votes shall
27 serve for two years.
28 As vacancies occur, trustees shall be elected at the annual election
29 provided for by this act to serve four year terms by the voters of the
30 library district hereby created, such terms to commence on the first day
31 of the month next following the election. Only qualified voters of the
32 district shall be eligible for election to the board of trustees. The
33 board of trustees at its first meeting each year shall elect or appoint
34 a president and vice-president who shall be members of the board and a
35 secretary, treasurer, and such other officers as they deem necessary. If
36 the board so determines, the offices of secretary and treasurer may be
37 held by individuals who are not members of the board of trustees and, in
38 that event, such officer may, if the board so determines, receive
39 compensation as fixed by resolution of the board.
40 S 4. Finances. 1. The initial budget for the Mamakating library
41 district shall be determined by a vote of the voters of the district in
42 the initial election as hereinafter provided for. All future budgets
43 that increase or decrease the Mamakating library proposed total operat-
44 ing expenditures over the total operating expenditures in the last
45 preceding fiscal year`s budget shall be submitted to the residents
46 voting at the annual election of trustees pursuant to section two of
47 this act. Funds voted for library purposes at the initial election and
48 at all future budget elections shall be considered an annual appropri-
49 ation therefor and shall be levied and collected yearly in the same
50 manner and at the same time as other taxes in the town of Mamakating.
51 2. The board of trustees shall annually file with the clerk of the
52 town of Mamakating, on or before the first day of October, an estimate
53 of the proposed budget, including costs of library services, to be
54 raised by levy for the library district in the fiscal year beginning on
55 the first day of January of the following year. The town shall not make

S. 4421--A | 4

1 any change in the estimate of revenues or expenditures submitted by the
2 board of the library district in preparation of its preliminary budget.
3 3. The town board of the town of Mamakating shall levy a tax against
4 the real property lying within the Mamakating library district for the
5 amount to be raised by tax as contained in the annual budget of the
6 Mamakating library district. The town board may issue tax anticipation
7 notes, revenue anticipation notes, and budget notes pursuant to article
8 II of the local finance law to obtain the necessary moneys therefor.
9 4. The town board of the town of Mamakating shall have the power to
10 authorize, sell, and issue bonds, notes, and other evidences of indebt-
11 edness pursuant to the local finance law in order to permit the library
12 district to provide facilities or improved facilities for library
13 purposes. Upon written request from the board of trustees of the Mama-
14 kating library district, after approval by the qualified voters of such
15 district, the town board shall authorize, sell, and issue such bonds,
16 notes, or other evidences of indebtedness as are necessary to accomplish
17 the improvements specified in the notice. The proceeds of such bonds,
18 notes, or other evidences of indebtedness shall be paid to the treasurer
19 of the Mamakating library district and maintained in a segregated
20 account in accordance with section 165.00 of the local finance law and
21 expended by the treasurer only on specific authorization by the board of
22 trustees.
23 5. The board of trustees of the Mamakating library district may accept
24 on behalf of the district any absolute gift, devise, or bequest of real
25 or personal property and such conditional gifts, devises, or bequests as
26 it shall by resolution approve.
27 6. The treasurer of the Mamakating library district shall be custodian
28 of all funds of the library district, including gifts and trust funds
29 paid over to the trustees. The board of trustees may authorize the
30 investment of funds in the custody of the treasurer in the same manner
31 in which school district funds may be invested. Proceeds of obligations
32 received from the town may be invested in accordance with section 165.00
33 of the local finance law. The town of Mamakating shall promptly pay over
34 to the Mamakating library district all moneys which belong to or are
35 raised for the library district. No moneys shall be disbursed by the
36 treasurer of the library district except after audit by the board of
37 trustees. The board of trustees of the Mamakating library district shall
38 audit all claims and shall order the payment thereof, except as other-
39 wise provided by this section. No such claims shall be audited or
40 ordered paid by the trustees unless an itemized voucher therefor shall
41 be presented to the board of trustees for audit and allowance. The
42 provisions of this section shall not be applicable to payment of claims
43 of fixed salaries and amounts which the library districts may be
44 required to pay on account of retirement contributions for past or
45 current services to officers and employees of the library district. The
46 treasurer shall keep such records in such manner as the board of trus-
47 tees may require.
48 S 5. Charter, commencement of operations, and transfer of property and
49 employees. The initially elected trustees shall, within thirty days from
50 the date of approval of the library district by the voters of the
51 district, apply to the board of regents for a charter as a public
52 library. On January 1, 2004, upon the granting of such a charter by the
53 board of regents, then title to all liabilities and assets, including
54 all property, real and personal, and all other tangible and intangible
55 property, trust and other funds, and all other obligations, now held by
56 the Mamakating library shall be transferred to, vested in, and be

S. 4421--A | 5

1 acquired by the Mamakating library district as established by this act.
2 Upon the granting of such charter by the board of regents, all employees
3 of the Mamakating library shall become employees of the library district
4 upon the same terms and conditions of employment and at the same rate of
5 pay as their previous employment by the Mamakating library.
6 S 6. Ad valorem levy. The several lots and parcels of land within the
7 area of said public library district are hereby determined to be bene-
8 fited by the library facilities and devices existing as of the effective
9 date of this act, and the town of Mamakating is hereby authorized to
10 assess, levy, and collect the necessary expenses of operation, mainte-
11 nance, and repair of such facilities and services and such capital
12 improvements, including debt service on bonds, notes, or other evidences
13 of indebtedness of the town issued for the purpose of the Mamakating
14 library district, as may be hereafter authorized pursuant to the
15 provisions of this act from such lots and parcels of land in the same
16 manner and at the same time as other town charges.
17 S 7. Education law. Except as otherwise provided by this act, the
18 provisions of the education law relating to public libraries shall be
19 applicable to the Mamakating library district established by this act.
20 S 8. This act shall take effect immediately.

.SO DOC S 4421A *END* BTXT 2003


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