Relates to the administration and funding of the town of Ballston Community Public Library; provides for the election of trustees and the approval of a budget; authorizes the Ballston Community Public Library to impose certain taxes; allows the Ballston Community Public Library to be eligible for certain financing of facilities for public libraries.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7082
SPONSOR: Walsh TITLE OF BILL:
An act to amend chapter 203 of the laws of 1957 authorizing the town of
Ballston, Saratoga county, to establish a public library for that part
of the town located outside of the incorporated village of Ballston Spa,
in relation to providing for the election of trustees and voter approval
of the tax levy of such library district; and to amend chapter 672 of
the laws of 1993, amending the public authorities law relating to the
construction and financing of facilities for certain public libraries,
in relation to including the Ballston Community Public Library
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the administration and funding of the town of Ballston Commu-
nity Public Library and the creation of a public library district
SUMMARY OF PROVISIONS:.
Chapter 203 of the laws of 1957 authorizing the town of Ballston, Sara-
toga County, to establish a public library for that part of the town
located outside of the incorporated village of Ballston Spa, is amended
to read as follows:
§ 1. Establishes provisions and precedent for the creation of a public
library district.
§ 2. Lays out the parameters related to the approval of a budget, public
hearings and a ballot proposal for the public to approve formation of
the aforementioned district, and annual elections thereafter to estab-
lish a Board of Trustees along with annual budgets.
§ 3. Relates to the Organization and structure of the district.
§ 4. Covers all parameters of the financial structure of the district
and funding mechanism.
§ 5. Charter, bylaws and transfer. The current charter of the Ballston
Community Public Library is consistent with this legislation. The
initial elected trustees shall, within thirty days from the date of
approval of the library budget and new trustees by the voters of the
district, adopt revised bylaws consistent with this legislation. The
library, which has operated as a special district library since 1957,
shall continue to operate, uninterrupted, regardless of whether the
budget and election of trustees goes into effect. The town may transfer
title to any existing or future real property to the library, or grant a
99-year lease for an agreed upon rental rate, with optional renewal and
right of first refusal in the event of transfer, for the purposes of
operating a library or branch of the library within the district.
§ 6. Ad valorem levy. The several lots and parcels of land within the
area of such public library district are hereby determined to be bene-
fited by the library facilities and devices existing as of the effective
date of this act and the town of Ballston is hereby authorized to
assess, levy and collect the necessary expenses of operation, mainte-
nance and repair of such facilities and services and such capital
improvements, including debt service on bonds, notes or other evidences
of indebtedness issued for the purpose of the Ballston Community Public
Library as may be hereafter authorized pursuant to the provisions of
this act from such lots and parcels of land within the library district,
outside of the limits of the village of Ballston Spa, in the same manner
and at the same time as other town charges.
§ 7. Education law. Except as otherwise provided by this act, the
provisions of the education law relating to public libraries shall be
applicable to the Ballston Community Public Library operating as estab-
lished by this act.
JUSTIFICATION:
The Ballston Community Public Library seeks a charter update to bring
them in line with how Special District Libraries operate in the year
2023. Their original charter is from 1957. After coordinating with the
Town, both entities proposed legislation that they are confident will
garner public support. Each of these respective Boards voted to proceed
with this measure.
PRIOR LEGISLATIVE HISTORY:
New Bill
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
2 of this act shall take effect sixty days after the initial budget
proposed in section two of chapter 203 of the laws of 1957 authorizing
the town of Ballston, Saratoga county, to establish a public library for
that part of the town located outside of the incorporated village of
Ballston Spa, as amended by section one of this act, is approved by a
vote of the majority of the qualified voters voting in an election as
provided in such chapter.
STATE OF NEW YORK
________________________________________________________________________
7082
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. WALSH -- read once and referred to the Committee
on Libraries and Education Technology
AN ACT to amend chapter 203 of the laws of 1957 authorizing the town of
Ballston, Saratoga county, to establish a public library for that part
of the town located outside of the incorporated village of Ballston
Spa, in relation to providing for the election of trustees and voter
approval of the tax levy of such library district; and to amend chap-
ter 672 of the laws of 1993, amending the public authorities law
relating to the construction and financing of facilities for certain
public libraries, in relation to including the Ballston Community
Public Library
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Chapter 203 of the laws of 1957 authorizing the town of
2 Ballston, Saratoga county, to establish a public library for that part
3 of the town located outside of the incorporated village of Ballston Spa,
4 is amended to read as follows:
5 Section 1. 1. Creation of public library district. Notwithstanding the
6 provisions of any general or local law to the contrary, the town of
7 Ballston, Saratoga county, is hereby authorized, by action of a majority
8 of its electors residing outside of the limits of the village of Ball-
9 ston Spa, to establish a public library with or without branches, and
10 such town is hereby authorized to raise money by tax, to equip and main-
11 tain such library or libraries and to provide a building or rooms for
12 its or their use. Such tax shall be a charge upon the taxable property
13 of that part of the town outside of the limits of the village of Ball-
14 ston Spa. [Such town is hereby authorized to acquire real or personal
15 property for the purposes of such library or libraries by gift, grant,
16 devise, bequest or condemnation. Except as otherwise provided by this
17 act, the provisions of the education law relating to public libraries
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11121-02-3
A. 7082 2
1 shall be applicable to a public library established in pursuance of this
2 act.]
3 2. A vote having been held on the 5th day of November 1957, creating a
4 library district as authorized by section one of this act, there was
5 hereby created and established in the county of Saratoga, a public
6 library district that includes the area created by the geographic bound-
7 aries of the town of Ballston excluding the village of Ballston Spa. The
8 public library district has been operating as the Ballston Community
9 Public Library.
10 § 2. Election. 1. The public library district described in this act
11 shall not operate as proposed in sections two through seven of this act
12 unless and until the budget proposed per this act is approved and the
13 initial proposed budget is approved by a vote of the majority of the
14 qualified voters voting in an election held pursuant to the following
15 provisions:
16 Upon receipt of a petition signed by not less than twenty-five voters
17 qualified to vote at a general town election, the board of trustees of
18 the existing Ballston Community Public Library shall give notice and
19 hold a public hearing regarding this proposal to create a public library
20 district, not less than thirty days prior to an election to be held on
21 or before November 15, 2023, or if the budget does not pass, November
22 15, 2024. If a majority of the voters approve the formation of the
23 district, then the district shall come into existence on the terms and
24 conditions set forth in this act. At such election the issue shall be:
25 (a) whether the initial budget proposed by the board of trustees of the
26 Ballston Community Public Library shall be created or not; and (b) the
27 election of seven trustees as provided by this act. The trustees of the
28 Ballston Community Public Library shall give notice of such election by
29 the publication of a notice in one or more newspapers having a general
30 circulation in the district to be served. The first publication of such
31 notice shall be not less than thirty days prior to the date of such
32 election. In addition, the board of trustees of the Ballston Community
33 Public Library shall cause copies of such notice to be posted conspicu-
34 ously in three public places in the district at least thirty days prior
35 to the date of such election and on the library's web page. Such notice
36 shall specify the time when and the place where such election will be
37 held, the issues to be decided at such election and the hours during
38 which polls will be open for the receipt of ballots thereof at all
39 elections from 7:00 a.m. until 9:00 p.m. The board of trustees of the
40 Ballston Community Public Library shall designate a resident qualified
41 voter of such district to act as chairperson of any election of such
42 district and shall designate not less than two nor more than four resi-
43 dent qualified voters to act as election inspectors and ballot clerks at
44 such elections. No trustee shall serve as chairperson or as an election
45 inspector or ballot clerk. The board of trustees may adopt a resolution
46 providing that such chairperson, election inspectors and ballot clerks
47 shall be paid for their respective services at the initial election.
48 Such resolution, if adopted, shall fix reasonable compensation for the
49 services of such officials. Every voter of the district, otherwise qual-
50 ified to vote at a town election shall be qualified to vote at such
51 election. After the polls have closed at such election, the election
52 inspectors and the ballot clerks shall immediately canvass publicly the
53 ballots cast and the chairperson of the election shall publicly announce
54 the result. Within seventy-two hours thereafter, the chairperson,
55 election inspectors and ballot clerks shall execute and file a certif-
A. 7082 3
1 icate of the result of the canvass with the board of trustees and the
2 town clerk of Ballston.
3 2. In the event that the budget is authorized, there shall thereafter
4 be an annual election conducted by the board of trustees of the Ballston
5 Community Public Library in accordance with the provisions of subdivi-
6 sion one of this section, at a time to be set by the board, at which
7 election vacancies on the board of trustees shall be filled and at which
8 any proposed budget which the board shall determine to submit to the
9 voters pursuant to section four of this act shall be submitted to the
10 voters.
11 3. Candidates for the office of member of the board of trustees of the
12 Ballston Community Public Library shall be nominated by petition. No
13 vacancy on the board of trustees to be filled shall be considered a
14 separate specific office. A separate petition shall be required to nomi-
15 nate each candidate for a vacancy on the board. Each petition shall be
16 directed to the secretary of the board of trustees, shall be signed by
17 at least twenty-five qualified voters of the district, shall state the
18 residence of each signer, and shall state the name and residence of the
19 candidate. In the event that any such nominee shall withdraw his or her
20 candidacy prior to the election, such person shall not be considered a
21 candidate unless a new petition nominating such person in the same
22 manner and within the same time limitation applicable to other candi-
23 dates is filed with the secretary of the board of trustees. Each peti-
24 tion shall be filed with the secretary of the board of trustees between
25 the hours of 9:00 a.m. and 5:00 p.m., not later than the thirtieth day
26 preceding the election at which time the candidates nominated are to be
27 elected. In the event the Ballston Community Public Library levy is
28 approved, petitions nominating candidates for the board of trustees
29 after the initial election shall be filed with the secretary of the
30 Ballston Community Public Library.
31 4. At any election in such district, the voters may adopt a proposi-
32 tion providing that, in all subsequent elections, vacancies on the board
33 of trustees shall be considered separate specific offices and that the
34 nominating petitions shall describe the specific vacancy upon the board
35 of trustees for which the candidate is nominated, which description
36 shall include at least the length of the term of the office and the name
37 of the last incumbent, if any. No person shall be nominated for more
38 than one specific office. Such procedure shall be followed with respect
39 to all nominations and elections in subsequent years until and unless
40 such proposition is repealed by the electors of the district at a regu-
41 lar election by adoption of a proposition to repeal the same.
42 § 3. Organization and structure. The Ballston Community Public Library
43 shall be managed, operated and controlled by a board of trustees
44 consisting of seven members, but in no event shall the board of trustees
45 consist of fewer than five members or more than fifteen. The trustees
46 shall at the first regular meeting of the board determine by lot the
47 year in which each of their terms of office expire, and the terms shall
48 expire as follows: after one year two trustees; after two years two
49 trustees; after three years three trustees. As vacancies occur trustees
50 shall be elected at the annual election provided for by this act to
51 serve three year terms by the voters of the public library district
52 hereby created, such terms to commence on the first day of the month
53 next following the election. Only qualified voters of the district shall
54 be eligible for election to the board of trustees. The board of trustees
55 at its first meeting each year shall elect or appoint a president and
56 vice-president who shall be members of the board and a secretary, treas-
A. 7082 4
1 urer and such other officers as they deem necessary. If the board so
2 determines, the offices of secretary and treasurer may be held by indi-
3 viduals who are not members of the board of trustees and, in that event,
4 such officer may, if the board so determines, receive compensation as
5 fixed by resolution of the board.
6 § 4. Finances. 1. The initial budget for the Ballston Community Public
7 Library to be levied upon the special district per this act shall be
8 determined by a vote of the voters of the district in the initial
9 election as hereinafter provided. All future budgets that increase the
10 Ballston Community Public Library proposed total operating expenditures
11 over the total operating expenditures in the last preceding fiscal
12 year's budget shall be submitted to the residents voting at the annual
13 election of trustees pursuant to section two of this act. Funds voted
14 for library purposes at the initial election and at all future budget
15 elections shall be considered an annual appropriation therefor and shall
16 be levied and collected yearly in the same manner and at the same time
17 as other taxes in the town of Ballston.
18 2. The board of trustees of the Ballston Community Public Library
19 shall annually file with the clerk of the town of Ballston on or before
20 the first day of August an estimate of the proposed budget, including
21 costs of library services, to be raised by levy for the library district
22 in the fiscal year beginning on the first day of January of the follow-
23 ing year. The town shall not make any change in the estimate of revenues
24 or expenditures submitted by the board of the library district in prepa-
25 ration of its preliminary budget. The town board of the town of Ballston
26 shall levy a tax against the real property lying within the district for
27 the amount to be raised by tax as contained in the annual budget of the
28 Ballston Community Public Library.
29 3. The town board of the town Ballston shall have the power to author-
30 ize, sell and issue bonds, notes and other evidences of indebtedness
31 pursuant to the local finance law in order to permit the Ballston Commu-
32 nity Public Library to provide facilities or improved facilities for
33 library purposes. Upon written request from the board of trustees of the
34 Ballston Community Public Library, after approval by the qualified
35 voters of such district, the town board shall authorize, sell and issue
36 such bonds, notes or other evidences of indebtedness as are necessary to
37 accomplish the improvements specified in the notice; the resolution, or
38 any agreement with the library, may provide that the library shall
39 remunerate the town for the costs incurred by effecting such bonds,
40 notes and other evidences of indebtedness. The proceeds of such bonds,
41 notes or other evidences of indebtedness shall be paid to the treasurer
42 of the Ballston Community Public Library and maintained in a segregated
43 account in accordance with section 165.00 of the local finance law and
44 expended by the treasurer only on specific authorization by the board of
45 trustees.
46 4. The board of trustees of the Ballston Community Public Library may
47 accept on behalf of the district any absolute gift, grant, devise or
48 bequest of real or personal property and such conditional gifts, grants,
49 devises or bequests as by resolution approved.
50 5. The treasurer of the Ballston Community Public Library shall be
51 custodian of all funds of the library district, including gifts and
52 trust funds paid over to the trustees. The board of trustees may author-
53 ize the investment of funds in the custody of the treasurer in the same
54 manner in which school district funds may be invested. Proceeds of obli-
55 gations received from the town may be invested in accordance with
56 section 165.00 of the local finance law. The town of Ballston shall
A. 7082 5
1 promptly pay over to the Ballston Community Public Library all moneys
2 which belong to or are raised for the library district. No moneys shall
3 be disbursed by the treasurer of the library district except after audit
4 by the board of trustees. The board of trustees of the Ballston Communi-
5 ty Public Library district shall audit all claims and shall order the
6 payment thereof, except as otherwise provided by this section. No such
7 claims shall be audited or ordered paid by the trustees unless an item-
8 ized voucher therefor shall be presented to the board of trustees for
9 audit and allowance. The provisions of this section shall not be appli-
10 cable to payment of claims of fixed salaries and amounts which the
11 library district may be required to pay on account of retirement
12 contributions for past or current services to officers and employees of
13 the library district. The treasurer shall keep such records in such
14 manner as the board of trustees may require.
15 § 5. Charter, bylaws and transfer. The current charter of the Ballston
16 Community Public Library is consistent with this legislation. The
17 initial elected trustees shall, within thirty days from the date of
18 approval of the library budget and new trustees by the voters of the
19 district, adopt revised bylaws consistent with this legislation. The
20 library, which has operated as a special district library since 1957,
21 shall continue to operate, uninterrupted, regardless of whether the
22 budget and election of trustees goes into effect. The town may transfer
23 title to any existing or future real property to the library, or grant a
24 99-year lease for an agreed upon rental rate, with optional renewal and
25 right of first refusal in the event of transfer, for the purposes of
26 operating a library or branch of the library within the district.
27 § 6. Ad valorem levy. The several lots and parcels of land within the
28 area of such public library district are hereby determined to be bene-
29 fited by the library facilities and devices existing as of the effective
30 date of this act and the town of Ballston is hereby authorized to
31 assess, levy and collect the necessary expenses of operation, mainte-
32 nance and repair of such facilities and services and such capital
33 improvements, including debt service on bonds, notes or other evidences
34 of indebtedness issued for the purpose of the Ballston Community Public
35 Library as may be hereafter authorized pursuant to the provisions of
36 this act from such lots and parcels of land within the library district,
37 outside of the limits of the village of Ballston Spa, in the same manner
38 and at the same time as other town charges.
39 § 7. Education law. Except as otherwise provided by this act, the
40 provisions of the education law relating to public libraries shall be
41 applicable to the Ballston Community Public Library operating as estab-
42 lished by this act.
43 § 8. This act shall take effect immediately.
44 § 2. Section 5 of chapter 672 of the laws of 1993, amending the public
45 authorities law relating to the construction and financing of facilities
46 for certain public libraries, is amended by adding a new subdivision 55
47 to read as follows:
48 55. Ballston Community Public Library.
49 § 3. This act shall take effect immediately; provided, however, that
50 section two of this act shall take effect sixty days after the initial
51 budget proposed in section 2 of chapter 203 of the laws of 1957 author-
52 izing the town of Ballston, Saratoga county, to establish a public
53 library for that part of the town located outside of the incorporated
54 village of Ballston Spa, as amended by section one of this act, is
55 approved by a vote of the majority of the qualified voters voting in an
56 election as provided in such chapter.
