Provides for a uniform procedure for the establishment, consolidation, dissolution and change of boundaries of library districts

Title of bill

An act to amend the general municipal law, in relation to the establishment, consolidation, dissolution and change of the boundaries of library districts

Purpose

The purpose of this bill is establish a uniform procedure that any type of public library or library district may use to consolidate, dissolve or change the boundaries of such public library. In addition, under this bill, new library districts may be formed. This procedure can be used by existing or a future municipal library, school district library district, special library district, and an association library.

Summary of provisions

Section 1: Adds a new General Municipal Article 7-B. This Article establishes the procedures that need to be followed by an existing or future municipal library, school district library, special library district or association library that wishes to become established, merge with another library, alter its library district boundaries, or dissolve. This procedure is based on Town Law that specifically authorizes the formation, consolidation, altering of boundaries, or dissolution of local fire districts.

As with the Town law on fire districts, this bill section outlines procedural issues such as the petition and hearing to establish, change or dissolve a library district, preparing for a public referendum, registration of voters, election of board members, and powers and duties of the library boards.

Existing law

Since there is no consolidated procedural law on the formation, consolidation, or dissolution of a library district, each such action to be taken by individual libraries must be done separately and ratified by the State Legislature.

Justification

Under current law, many areas of the State have public library districts that have portions of their jurisdictions which lie in two library districts while adjoining areas are not located within a library district at all. This means that for some portions of the State, taxpayers belong to two library districts and pay real property taxes to support two libraries. While other taxpayers live in areas of the State that are not within any public library.

This bill establishes one set of procedures to be followed so that local residents can set their own library district boundaries to eliminate double taxation areas and those areas that are underserved for library services. Further, it allows local citizens to establish or dissolve, without State legislative approval, their own library districts. This bill was modeled after the Town Law that regulates fire districts. Fire districts are similar to library districts, in that they are taxing jurisdictions that provide a valuable community service in separate districts that can cross other municipal boundaries. Further such districts have their own independent boards, finances, and board elections.

As with local fire districts, this bill provides the necessary due process requirements needed to establish, consolidate, or dissolve a library district. Further, it does it in a way that brings local control of such libraries to the local level.

This bill should help to curtail future real property tax increases by facilitating the ability of local communities to reconfigure and consolidate their library districts so that more services can be provided at lower costs.

Legislative history

S.6154 of 2007/2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

January first next succeeding the date on which it shall have become law.