Chapter 361 of Laws of 1997

EXPLANATION: Matter in italics is new; matter in brackets [**] is old law to be deleted
 
                            LAWS OF NEW YORK, 1997
 
                                  CHAPTER 361
 
   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  such  library,  and  to
     amend  chapter  627  of  the  laws  of  1994 amending such chapter, in
     relation to the effective date of such chapter of the laws of 1994
 
        Became a law August 5, 1997, with the approval of the Governor.
            Passed by a majority vote, three-fifths being present.
 
     The People of the State of New York, represented in Senate and  Assem-
bly, do enact as follows:
 
     Section  1.  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 627 of the laws of
   1994, is amended to read as follows:
     Section 1. Notwithstanding the provisions of any general, special,  or
   local  law  to  the contrary, there is hereby created and established in
   the city of Poughkeepsie and town of Poughkeepsie,  Dutchess  county,  a
   public  library  district,  to  be  known  as the [Greater] Poughkeepsie
   public library district, hereinafter referred to as the district,  which
   shall include all the territory within the city of Poughkeepsie, herein-
   after  referred  to  as the city, and the town of Poughkeepsie, Dutchess
   county, except that territory in  the  town  of  Poughkeepsie  which  is
   located  in  the village of Wappingers Falls, hereinafter referred to as
   the town.
     § 2. [Title and interests  in  all  library  property  both  real  and
   personal,  and  both  tangible  and intangible, now held by the Adriance
   Memorial library, or its board of trustees, or the city of Poughkeepsie,
   shall be transferred to, vested in and be acquired by the Greater Pough-
   keepsie library district herein created and established on the effective
   date of this act.] Title and interests in all library property both real
   and personal, and both tangible and intangible, now held by the  Greater
   Poughkeepsie library district shall be transferred to, vested in, and be
   acquired  by the Poughkeepsie public library district herein created and
   established on the effective date of the chapter of  the  laws  of  1997
   which  added this provision. The above provisions for transfer to, vest-
   ing and acquisition of real and personal  property,  both  tangible  and
   intangible, are effectuated by operation of law pursuant to the authori-
   ty  of this section. [Notwithstanding the preceding, and for purposes of
   clarity of real property records, the city of Poughkeepsie  shall  cause
   to  be executed a deed of conveyance to the Greater Poughkeepsie library
   district for the parcel of real  property  known  as  Adriance  Memorial
   Library  including  the  improvements situated thereon, which deed shall
   recite, inter alia, that the transfer and vesting of  ownership  in  the
   Greater Poughkeepsie library district was effectuated upon the effective
   date of this act.]
     §  3. (a) The fiscal year of the district shall begin on the first day
   of January and end on the thirty-first day of December. The trustees  of
   the  district, commencing in fiscal year 1995 and continuing thereafter,
   shall annually prepare and, on or before the thirty-first day of August,
   file in the office of the clerk or chamberlain  of  both  the  city  [of
   Poughkeepsie]  and town [of Poughkeepsie] and in the office of the chief
   executive officer of both the city [of Poughkeepsie] and  the  town  [of
   Poughkeepsie]  detailed  statements in writing of the amount of revenues
   estimated to be received and expenditures estimated to  be  made  during
   the  next  fiscal  year  for the purposes of such library district.  The
   trustees may also annually prepare and file in the manner  stated  above
   propositions  for  supplemental appropriations for items of a non-recur-
   ring nature. The acquisition, construction, and reconstruction of facil-
   ities, including land, for such district are  hereby  determined  to  be
   district  purposes,  and  the trustees of the district may also annually
   prepare and file in the manner stated above detailed statements in writ-
   ing of the amount of indebtedness to be incurred by  the  municipalities
   on  behalf  of the district and of the expenditures estimated to be made
   for capital purposes of the  district,  and  the  annual  cost  of  such
   indebtedness. Such statement of estimated revenues and estimated expend-
   itures  including  supplemental  expenditures and the cost of service of
   indebtedness for capital purposes, shall be in balance and  shall  serve
   as  the  proposed  annual  budget for the district. Such proposed annual
   budget shall identify the amount of revenue to be assessed,  levied  and
   collected  upon taxable real property within the district and the source
   and amount of any other estimated revenues, including  estimated  avail-
   able surplus.
     (b)  Commencing [in 1995 for the budget to be prepared for fiscal year
   1996, the proposed annual budget for the district as established by  the
   trustees  shall  be  placed before the voters at the general election in
   the year preceding the year for  which  the  proposed  budget  has  been
   established.  Upon approval of such proposed budget by a majority of the
   voters,  in  the  portion of the district located in the city and, also,
   upon approval of such proposed budget by a majority of  the  voters,  in
   the  portion  of  the  district located in the town, the proposed budget
   shall become the budget of the district for the following  fiscal  year.
   In  the  event that the proposed budget is not approved by a majority of
   the voters in both the portion of the district located in the  city  and
   the  portion  of  the  district  located  in the town, then, and in such
   event, 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 the town be changed to equal the real proper-
   ty tax revenue provided for in the district budget in effect as  of  the
   time  of  the  vote.  In  the  event  that the voters do not approve the
   proposed budget as aforesaid, and, upon the proposed budget being deemed
   amended as provided, 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 contribution as set forth in the proposed budget] in
   1997 for the budget to be prepared for fiscal  year  1998  the  proposed
   annual  budget, and propositions of supplemental appropriations, 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 in the year preceding the year for which  the  proposed
   budget has been established. Each proposition for supplemental appropri-
   ation  shall  identify  a singular purpose and specific dollar appropri-
   ation 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 capi-
   tal 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 proposi-
   tion authorizing indebtedness for capital construction by the  majority,
   the  proposed budget including the supplemental appropriations and capi-
   tal revenues and expenditures shall become the budget  of  the  district
   for  the  following  fiscal  year. In the event that the proposition for
   indebtedness is approved by the majority, the city and  the  town  shall
   incur such indebtedness on behalf of the district, and such indebtedness
   shall  be  apportioned  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 property 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  supple-
   mental  appropriations  or  for  capital purposes is not approved by the
   majority, no appropriation shall be included for such unapproved  propo-
   sition.  In the event that the voters do not approve the proposed budget
   as aforesaid, and upon the proposed budget being deemed amended as afor-
   esaid, 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
   contribution as set forth in the proposed  budget.    After  the  annual
   budgets  for  the  city  and  the town have been adopted by the city [of
   Poughkeepsie] and the town [of Poughkeepsie], the city  and  town  shall
   assess  and  levy upon the taxable real property within the district the
   amounts to be raised by tax for the purposes of the district  as  speci-
   fied  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.
     [The]  (c) Beginning in fiscal year 1998 and continuing through fiscal
   year 2002, the commissioner of finance of the city [of Poughkeepsie] and
   the chief fiscal officer of the town shall pay to the treasurer  of  the
   district[,  in installments, the district taxes received by said commis-
   sioner. Such installment payments shall be made on January 1,  April  1,
   July  1  and  October  1. If the full amount of such taxes have not been
   received by such commissioner of finance on or before December 31,  then
   such  commissioner of finance shall pay to the treasurer of the district
   the balance of moneys for uncollected district taxes on or before Decem-
   ber 31. When the full amount of taxes for district purposes  shall  have
   been  paid  to  the  treasurer  of  the district by such commissioner of
   finance, all liens for unpaid taxes shall belong to the city  and  shall
   thereafter be collected in the manner provided for city taxes. The chief
   fiscal  officer  of  the town shall pay to the treasurer of the district
   the full amount of the tax levy of  the  district  assessed  and  levied
   within  the  town  by  April  1.] twenty-five percent of the tax levy by
   January 15 and seventy-five percent by April 1. Beginning in fiscal year
   2003 and continuing thereafter, the commissioner of finance of the  city
   and  the  chief fiscal officer of the town shall pay to the treasurer of
   the district one hundred percent of the tax levy by April 1. The  amount
   of taxes for district purposes to be assessed, levied and collected upon
   the  property  within the city and upon the property within the district
   in the town shall be apportioned in accordance with the proportion  that
   the  population within that portion of the district in each municipality
   shall  bear  to the population within the entire district, as determined
   by the population data supplied from the most  recent  completed  census
   undertaken by the United States Census Bureau.
     [The  amounts  to  be  raised  by tax for the purposes of the district
   shall not exceed sixty (60) per centum of the overall entire  budget  of
   the  district.]  (d)  The real property tax amounts to be contributed by
   the city and town shall fund a maximum of seventy-five per centum of the
   general operating budget of the district approved  by  the  voters,  and
   also  shall  fund  a  maximum  of one hundred per centum of supplemental
   propositions approved by the voters, and also shall fund  a  maximum  of
   one  hundred  per  centum  of  the annual cost of servicing indebtedness
   incurred for capital purposes approved by the voters, provided that  any
   state  or federal aid received for said capital purposes will be used to
   either reduce the amount of indebtedness incurred or reduce  the  amount
   of  real  property  tax  necessary  to  fund  the cost of servicing such
   indebtedness. The balance of the district budget shall be provided  from
   other  sources  including,  but  not  limited to, state funding, federal
   funding, county funding, other governmental funding and private contrib-
   utions and funding.
     § 4. [The trustees of the district, during a fiscal  year,  by  resol-
   ution, may make additional appropriations or increase existing appropri-
   ations  and shall provide for the financing thereof. Moneys therefor may
   be provided from the unexpended balance of an  appropriation,  from  the
   appropriation  for  contingencies,  from  unappropriated fund balance or
   unanticipated revenues within a fund.  Unappropriated  fund  balance  of
   unanticipated  revenues  shall  be  utilized only to the extent that the
   total of all revenues of such fund, together with fund balance,  exceeds
   the  total of all revenues and appropriated fund balance as estimated in
   the budget.  Notwithstanding the above, grants in aid received from  the
   state  and  federal governments, gifts which are required to be expended
   for particular objects or purposes, and insurance proceeds received  for
   the  loss,  theft,  damage  or destruction of real or personal property,
   when proposed to be used or applied to repair or replace such  property,
   may be appropriated by resolution of the trustees of the district at any
   time for such object or purpose.] The trustees of the district may, from
   time  to  time,  amend the district budget to properly operate and carry
   out the functions of the district. However, such amendments must  ensure
   that the budget remains in balance.
     §  5.  [The  proposed  budget prepared by the trustees shall contain a
   statement setting forth the percentage increase or decrease, as the case
   may be, in the real property tax revenues proposed to be  received  from
   the city and town as compared to the real property tax revenues received
   or  to  be received from the city and town for the year in effect at the
   time of the proposed budget. In the event that  General  Fund  Appropri-
   ations  have  increased  for both the city and town, then any percentage
   increase in real property tax revenues proposed to be received from  the
   city and town shall not exceed the lesser of the percentage increases in
   General  Fund  Appropriations  of  the  city and town. In the event that
   General Fund Appropriations have decreased for the city or town, or both
   the city and town, then there shall be a percentage decrease in the real
   property tax revenues proposed to be received from the city and town  in
   an  amount  equal  to  or  greater  than  the  greater of the percentage
   decreases in General Fund Appropriations of the city and  town.  General
   Fund  Appropriation  increases and decreases for the city and town shall
   be computed by comparing the General Fund Appropriations as of January 1
   of the year in which the proposed budget is prepared  with  the  General
   Fund  Appropriations as of January 1 of the year immediately prior.  The
   chief fiscal officers of the city and town shall certify to the treasur-
   er of the district the percentage increase or decrease in their  respec-
   tive General Fund Appropriations by May 1.
     § 6. For fiscal year 1995, notwithstanding any other provisions herein
   contained  providing  for  adoption  of a budget and contribution by the
   city and the town to the district budget, the city of  Poughkeepsie  and
   the  town  of Poughkeepsie shall contribute as their respective share of
   district expenses such sum as each of the said municipal  bodies  deter-
   mines  in  the  budget to be adopted by each such municipal body for the
   year 1995. The trustees shall adopt a budget for fiscal year 1995  which
   budget,  as  adopted by the trustees, based upon the contributions to be
   made by the city of Poughkeepsie and the town of Poughkeepsie,  together
   with  the other revenues projected to be received by the trustees, shall
   be the budget for the district's fiscal year 1995.  The  provisions  for
   proposed  budget  and  public  vote are not applicable to the district's
   fiscal year 1995 but, rather, are to commence for the district's  fiscal
   year 1996.
     §  7.]  Notwithstanding  the  provisions  in  this  act  providing for
   contribution by the city [of Poughkeepsie] and the town  [of  Poughkeep-
   sie]  of  real property tax revenue to the district, the city [of Pough-
   keepsie] and the town [of Poughkeepsie], each, separately,  for  itself,
   in any year, may, at its election, subject to the availability of funds,
   contribute  funds other than real property tax revenue funds in place of
   [real property tax revenue] such funds. This provision shall not  change
   the  dollar  amount  of  contribution required from the city or the town
   but, rather, is included for the limited purpose of authorizing contrib-
   ution of funds other than real property tax revenue funds, in whole,  or
   in  part, in lieu of real property tax revenue funds. In the event of an
   election by the city [of Poughkeepsie] or  the  town  [of  Poughkeepsie]
   pursuant  to  the  authorization contained in this section, the contrib-
   ution of such funds from sources other than real  property  tax  revenue
   sources  shall  be  deemed to be real property tax revenue funds for all
   other purposes of this act.
     § [8] 6. The district  shall  be  governed  by  a  board  of  trustees
   consisting of eleven trustees.  The trustees of the Greater Poughkeepsie
   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 [portion of the district
   located in the] town [of Poughkeepsie] and four of the trustees shall be
   elected at an election to be held within the  portion  of  the  district
   located  in  the  city  [of  Poughkeepsie].  The trustees elected at the
   election in the town [of Poughkeepsie] must be residents of the town [of
   Poughkeepsie] and the trustees elected in  the  city  [of  Poughkeepsie]
   must  be  residents  of  the city [of Poughkeepsie].  The trustees shall
   serve for a term of five years and until his or her successor is elected
   and qualified[; provided, however, that of the trustees first elected in
   the town of Poughkeepsie, two of such trustees shall be  elected  for  a
   five  year  term,  two of such trustees shall be elected for a four year
   term, one of such trustees shall be elected for a three year  term,  one
   of  such  trustees  shall be elected for a two year term and one of such
   trustees shall be elected for a one year term; provided,  however,  that
   of  the  trustees  first elected in the city of Poughkeepsie one of such
   trustees shall be elected for a five year term,  one  of  such  trustees
   shall  be  elected  for  a four year term, one of such trustees shall be
   elected  for a three year term and one of such trustees shall be elected
   for a two year term. The first election of trustees shall be held at the
   general election to be held in 1994].  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.
   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 [of Poughkeepsie] shall be filled by
   city [of Poughkeepsie] residents  and  vacancies  for  trustees  elected
   within the town [of Poughkeepsie] shall be filled by town [of Poughkeep-
   sie] residents.
     § [9] 7. Trustees shall receive no compensation for their services but
   shall  be entitled to the necessary expenses, including travel expenses,
   incurred in the discharge of their duties.
     § [10] 8.  The trustees shall [proceed to]  elect  a  chairperson  and
   such other officers as they deem appropriate for the effective operation
   of the district. The trustees shall designate a person to serve as trea-
   surer  of  the  district.   The district shall provide audited financial
   statements made in accordance with generally accepted accounting  [prin-
   cipals]  principles  to  the  fiscal  officer of the city and the fiscal
   officer of the town within six [(6)] months of the close of each  fiscal
   year for the district.
     §  [11] 9.  The district shall constitute a public library pursuant to
   the provisions of the education law as the same may, from time to  time,
   be  amended,  and  shall have the powers and duties, except as otherwise
   provided in this act, now or hereafter  conferred  by  law  upon  public
   libraries and their trustees.
     §  [12] 10.  For purposes of section [thirty-one] 31 of the retirement
   and social security law the district shall be considered a public organ-
   ization and eligible to file for participation in the New York state and
   local employees' retirement system. The employees of the [city of Pough-
   keepsie employed at the Adriance Memorial library] Greater  Poughkeepsie
   library  district  as of the effective date of [this act] the chapter of
   the laws of 1997 which added  this  provision  shall  become  employees,
   immediately,  of the Poughkeepsie public library district under the same
   terms and conditions of employment  under  the  civil  service  law  and
   collective  bargaining  agreements  as  existed immediately prior to the
   effective date of this act.  Employment shall be deemed to be continuous
   and uninterrupted for all purposes including pension rights,  seniority,
   rates  of  pay,  accrued  benefits and, in addition, all other terms and
   conditions of employment. District employees shall not be required to be
   residents of the district.
     § [13.  The acquisition, construction and  reconstruction  of  facili-
   ties, including land, for such district are hereby determined to be city
   and  town purposes, respectively, for which the city and town are hereby
   authorized to contract indebtedness on behalf of the district. Any  such
   indebtedness  shall  be  deemed  to  be for a joint service and shall be
   contracted in the manner  authorized  by  the  local  finance  law.  The
   proceeds of obligations issued pursuant to this section shall be paid to
   the  treasurer  of  the  district and maintained in a segregated fund in
   accordance with section 165.00 of the local finance law.   The  district
   is not authorized to incur indebtedness. To the extent that the city and
   town  elect  to  contract  indebtedness  on  behalf of the district, the
   amount of any such indebtedness shall be apportioned  between  the  city
   and town pursuant to the provisions for ratio of population as set forth
   in section three of this act.
     §  14] 11.   The district, in addition to any other library facilities
   it may maintain and operate, shall maintain and operate a library facil-
   ity to be known as the Adriance Memorial library to  be  located  at  93
   Market Street, Poughkeepsie, New York.  The district, in addition to any
   other library facilities it may maintain and operate, shall maintain and
   operate  a  library  facility  at the location at which the district now
   operates the Maplewood Branch. The district's obligation to maintain and
   operate a library facility at the Maplewood Branch  is  limited  to  the
   operation of a library facility within the dollar amount provided to the
   district  pursuant to the Land Disposition Agreement of June 17, 1982 by
   and between the City of Poughkeepsie and BIDC Construction Corp. as  the
   same  has  been assigned and amended. The maintenance and operation of a
   library facility at Maplewood beyond the dollar amount provided pursuant
   to the aforesaid Land Disposition  Agreement  is  a  matter  within  the
   discretion  of  the  trustees.  Further,  upon  the  expiration  of  the
   provision in the aforesaid Land Disposition Agreement for  provision  of
   funds  for  a  library facility at Maplewood, the continuation of such a
   library facility shall be determined in the discretion of the  trustees.
   Further,  and  to  the  extent  that new or additional locations for the
   provision of library service are determined to be required, the district
   shall give preference to the selection of new  or  additional  locations
   within  the  portion  of  the district located in the town to the extent
   practicable. Notwithstanding the preceding, any one or more new or addi-
   tional locations may be located within any portion of the district  upon
   a  finding  that  location  of  such a new or additional location is not
   practicable.
     § [15.  The terms of offices of the trustees heretofore  appointed  by
   the  mayor of the city of Poughkeepsie and the supervisor of the town of
   Poughkeepsie shall terminate upon the election and qualification of  the
   elected trustees provided for in this act.
     §  16] 12.   This act shall take effect immediately.  A referendum was
   heretofore held pursuant to former section [fourteen] 14 of this chapter
   and the voters heretofore approved the creation of the district and  the
   district  has  heretofore  come  into  being  and  remains  in effect as
   provided in this chapter.
     § 2. Section 2 of chapter 627 of the laws of 1994 amending chapter 524
   of the laws of 1987 relating to establishing  the  Greater  Poughkeepsie
   library district is amended to read as follows:
     §  2.  This act shall take effect immediately [and shall expire and be
   deemed repealed on December 31, 1997].
     § 3. This act shall take effect immediately.
 
   The Legislature of the STATE OF NEW YORK ss:
     Pursuant to the authority vested in us by section 70-b of  the  Public
   Officers  Law,  we  hereby  jointly  certify that this slip copy of this
   session law was printed under our direction and, in accordance with such
   section, is entitled to be read into evidence.
 
      JOSEPH L. BRUNO                                     SHELDON SILVER
   Temporary President of the Senate                Speaker of the Assembly
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