Relates to creating the Reed Memorial library district

Summary of specific provisions

Section 1. Creation of Library District. The district will operate a public library to be known as the Reed Memorial Library; created and established in the town of Carmel, county of Putnam which shall consist of all the territory within the town of Carmel, excluding the Mahopac central school district.

Section 2. Election.

1. The district herein described shall not come into existence unless and until it is approved with the initial budget in support thereof proposed by the board or trustees of the existing Literary Union of Carmel, New York, and seven trustees are elected by a vote of the majority of the qualified voters voting in an election held, not later than January 31, 2014-2015.

Upon receipt of a petition signed by not less that twenty-five voters qualified to vote as a general election in the district.

The board of trustees of the existing Literary Union of Carmel, New York shall give notice of such election by publication of notice at least twice in one or more newspapers having a general circulation in the district to be served. The first publication of such notice shall be not less than thirteen days and not more that twenty days prior to the date of such election.

2. In the event that district is created, there shall be an annual election conducted by the board of trustees of the Reed Memorial public library district in accordance with the provision of subdivision one of this section at a time set by the board of trustees of the district.

3. Candidates for the office of member of the board of trustees of the Reed Memorial public library district shall be nominated by petition. No vacancy to be filled on the board of trustees shall be considered a separate, specific office.

Section 3. Organization and structure.

The Reed Memorial public library district shall be managed, operated and controlled by a board of trustees consisting of seven members.

The trustees shall take office at the first regular meeting of the board of trustees following their election. At the first regular meeting of the board of trustees of the district, the trustees shall determine when the terms of office of each member shall expire.

Section 4. Finances.

1. The initial budget to support the district shall be determined by a vote of the voters of the district in the initial election as hereinafter provided for. All future budgets that increase or decrease the district's proposed tax levy shall be submitted to the residents voting at the annual election pursuant to section two of this act. Funds voted for library purposes at the initial election and at all future elections shall be considered an annual appropriation therefor, shall be levied and collected yearly by the town for the district in the same manner and at the same time as other taxes in the town.

2. The district's fiscal year shall run from the first day of January to the thirty-first day of December. The board of trustees shall annually file with the clerk of the town on or before the first day of November an estimate of the proposed budget including costs of library services to be raised by levy by the library district in the fiscal year beginning on the first day of January of the next year.

3. The town board of the town of Carmel shall levy a tax against the real property lying within the district for the amount to be raised by tax as approved by the voters of the district. The town board shall pay the full amount of the tax levy approved by the voters over to the treasurer of the district pursuant to the schedule set forth in this section. The town board shall annually pay over to the treasurer of the district on or before the thirtieth day after its tax collection period ends, the full amount of the levy due.

4. The town board of the town shall have the power to authorize, sell, and issue bonds, notes, and other evidences of indebtedness pursuant to the local finance law in order to permit the district to provide facilities or improved facilities for library purposes.

5. The board of trustees of the district may accept on behalf of the district any absolute gift, devise or bequest of real or personal property and such conditional gifts, devises or bequests as it shall by resolution approve.

6. The treasurer of the district shall be custodian of all funds of the district, including gifts and trust funds paid over to the trustees. The board of trustees may authorize the investment of funds in the custody of the treasurer in the same manner in which town funds may be invested.

Section 5. Charter, commencement of operations, and transfer of property and employees. The initially elected trustees of the district shall, within ninety days from the date of approval of the district by the voters of the district apply to the board of regents for a charter as a public library.

Section 6. Ad valorem levy.

Section 7. Education Law.

Except as otherwise provided by this act, the provision of the education law relating to public libraries shall be applicable to the districts established by this act.

Section 8.

The district is deemed a special district which is separate and distinct from the town for all purposes, including but not limited to management, appropriations and expenditures. Any tax levy for the district shall not be charged or imputed to the town and shall instead be charged or imputed to the district for purposes of any general or special laws enacted by the legislature.

Section 9.

Section 5 chapter 672 of the laws of 1993, amending the public authorities law relating to the construction and financing of facilities for certain public libraries, is amended by adding a new subdivision 46 to read as follows:

46. Reed Memorial Public Library District

Justification

The New York State Department of Education, is pushing for all New York State libraries to have residents in the service areas of the library, to vote directly on the budget and for the library's Board of Trustees.

The Town of Carmel is the primary source of revenue for the library's annual budget. In order to maintain a sustainable funding source, Reed Memorial Library in Carmel needs to form a special taxing district. The lines of the special will consist of the current service area: The town of Carmel minus the Mahopac School District.

Prior legislative history

New Bill

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.