1. [State] a. Except as provided in paragraph b of this subdivision, state lands subject to taxation shall be valued as if privately owned and assessed by multiplying the value of the lands by the latest state equalization rate established for the assessing unit or a special equalization rate established in accordance with the provisions of paragraph (a) of subdivision one of section twelve hundred twenty-two of this chapter. b. Where an assessing unit implements a revaluation or update on an assessment roll completed on or after January first, nineteen hundred ninety-one, state lands subject to taxation in such assessing unit shall be valued as if privately owned as of the valuation date applicable to the revaluation or update and assessed at the same uniform percentage of value as other taxable real property in the assessing unit. In each year subsequent to a revaluation or update, state lands subject to taxation in such assessing unit shall be valued as if privately owned and sessed at the same uniform percentage of value as other taxable real property in the assessing unit. as § 4. Paragraph (a) of subdivision 1 of section 1222 of the real property tax law, as amended by chapter 776 of the laws of 1988, is amended to read as follows: (a) If the state board finds that there has been a material change in level of assessment, it shall determine a special equalization rate for purposes of the assessment of special franchises [and the approval of assessments of taxable state lands]. The state board shall adjust the special franchise assessments affected by this special equalization rate and shall notify the appropriate assessor, county director of real property tax services and special franchise owner. § 5. Subdivision 2 of section 1222 of the real property tax law, as amended by chapter 776 of the laws of 1988, is amended to read as follows: a 2. If the state board finds that there has been a change in level of assessment which is not a material change in level of assessment, and if request for a special equalization rate is filed with the state board by either the assessing unit or a special franchise owner, the state board shall determine a special equalization rate for special franchise assessment purposes if it can do so not later than ten days prior to the last date set by law for the levy of taxes. The state board shall thereupon adjust the special franchise assessments affected by such special equalization rate and shall notify the appropriate assessor, county director of real property tax services and special franchise owners. Upon receipt of this notice, the assessor or other local official having custody and control of the assessment roll shall make the appropriate changes on the assessment roll, as provided in paragraph (b) of subdivision one of this section. § 6. If a tentative or final assessment roll for 1992 has been filed prior to the effective date of this act, the assessor is hereby authorized to correct the roll and transmit to the state board corrected assessments of state lands made in accordance with the provisions of this act. § 7. This act shall take effect immediately and shall apply to assessment rolls completed and filed on or after June 1, 1992. CHAPTER 611 AN ACT to amend the estates, powers and trusts law, in relation to after-born children not specifically excluded under a will Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Clause (B) of subparagraph 1 of paragraph (a) of section 5-3.2 of the estates, powers and trusts law, subclauses (i), (ii) and (iii) as amended by chapter 686 of the laws of 1967, is amended to read as follows: (B) Provision is made therein for one or more of such children, an after-born child is entitled to share in the testator's estate, as follows: (i) The portion of the testator's estate in which the after-born child may share is limited to the disposition made to children under the will. (ii) The after-born child shall receive such share of the testator's estate, as limited in [subparagraph] subclause (i), as he would have received had the testator [includes] included all after-born children with the children upon whom benefits were conferred under the will, and given an equal share of the estate to each such child. it appears from the will that the intention of the testator was to make a limited provision which specifically applied only to the testator's children living at the time the will was executed, the afterborn child succeeds to the portion of such testator's estate as would have passed to such child had the testator died intestate. (iii) If (iv) To the extent that it is feasible, the interest of the after-born child in the testator's estate shall be of the same character, whether an equitable or legal life estate or in fee, as the interest which the testator conferred upon his children under the will. § 2. This act shall take effect immediately and shall only apply to decedents dying after such effective date. CHAPTER 612 of AN ACT to repeal section 27 of the Indian law, in relation to the designation of the university of the state of New York as wampum-keeper the ho-de-no-sau-nee Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 27 of the Indian law is repealed. § 2. This act shall take effect immediately. CHAPTER 613 transfer of AN ACT relating to the disposition of surplus moneys of the Rush water Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Notwithstanding any other provision of law moneys accumu-. lated by the Rush water district, town of Rush, county of Monroe, from revenues for water sold by the district and from taxes imposed by the district on assessed properties, which moneys remain unexpended and constitute surplus funds as a result of the transfer of all of the district's functions to the Monroe county water authority, which, under the terms of the lease agreement, will pay the outstanding indebtedness of the district, shall be disposed of as follows: Such proceeds shall be paid to the general fund of the town of Rush, and thereafter apportioned on the basis of the assessed valuation among the several parcels of land situated in the Rush water district, as shown on the assessment rolls of the town of Rush for the year 1992. The proceeds as so apportioned shall EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law then be credited to each parcel of land as a reduction of town taxes subsequently due or, in the case of exempt agencies, shall be refunded directly to such agencies. § 2. This act shall take effect immediately. CHAPTER 614 of AN ACT to amend the judiciary law, in relation to the care and management of the supreme court library at Elmira, in the county Chemung Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 826 of the judiciary law, as amended by chapter 127 of the laws of 1952, is amended to read as follows: § 826. Supreme court library at Elmira. The supreme court library at Elmira shall continue to be under the care and management of the chief administrator of the courts. It shall have a board of trustees which board shall consist of three members who shall be appointed by the governor from among the members of the Chemung county bar who shall have practiced law for at least ten years. At the expiration of the terms of the trustees now in office the governor shall appoint their successors, each of whom shall serve for three years and until his successor is appointed. [All appropriations made for said library shall be paid to said trustees, to be by them or a majority of them disbursed in the purchase of books for said library. The said trustees may make rules and regulations for the management and protection of said library and prescribe penalties for the violation thereof. They may sue for and recover such penalties, and may maintain actions for injuries to said library. They may procure proper furniture for said library; hire suitable rooms; provide fuel and lights; and defray all the incidental expenses of the care and management of said library, including the insurance thereof. The amounts required therefor shall be paid by the treasurer of the county of Chemung, upon the certificate of a resident justice of the supreme court, if there be one, and if not, upon the certificate of any justice of the supreme court of the district, out of the moneys raised in said county for court expenses, which sums as well as the salary of the librarian hereafter specified, shall be a county charge upon said county of Chemung. The librarian of said library shall be appointed by said board, and shall hold office during the pleasure of said board. The salary of said librarian shall be fixed by the board of supervisors of the county of Chemung, and the same shall be paid by the treasurer of the county of Chemung out of the moneys raised in said county for court expenses, in the same manner as the salaries of other county employees. Said librarian shall be subject to the directions of said board of trustees and shall be governed by such rules as it shall from time to time make.] § 2. This act shall take effect immediately. CHAPTER 615 AN ACT to establish a public library district in the towns of Fleming, Became a law July 24, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: A. in Section Notwithstanding the provisions of any general, special or local law to the contrary, there is hereby created and established the county of Cayuga a public library district which shall be known as the Seymour Public Library District, and which shall include all of the towns of Fleming, Owasco, Sennett, Throop and all of the city of Auburn. § 2. Definitions. 1. The term "municipalities" shall mean the city of Auburn, the towns of Fleming, Owasco, Sennett and Throop. 2. The term "municipality shall mean the city of Auburn, the towns of Fleming, Owasco, Sennett and Throop. 3. The term "qualified voter" shall mean a person who is registered to vote in a general election in one of the municipalities. 4. The term "board" shall mean the board of trustees of the public library district. ફ 3. Election. 1. The public library district herein described shall come into existence if it is approved by a vote of the majority of the qualified voters of each of the municipalities comprising said district casting votes at an election conducted as hereinafter provided. If one or more of the municipalities fail to approve the library district and its initial budget, then the board of trustees of the Seymour Library Association, or its successor, has the authority to authorize a second public referendum in those municipalities. If one or more of the municipalities fail to approve the library district, the district shall consist of those municipalities in which the requisite number of voters have approved the district, and once the initial budget has been approved, those municipalities approving said district shall be responsible for only that share of the budget for which they would have been responsible had all municipalities approved the creation of the district. Municipalities which do not approve the creation of the district shall not have any financial liability for payment of any tax, assessment or fees incurred by operation or existence of the district. Upon receipt of a petition signed by not less than twenty-five voters qualified to vote at a city of Auburn election and receipt of a petition from each of the towns of Fleming, Owasco, Sennett and Throop, signed by not less than twenty-five voters qualified to vote in each of said towns, the board of the Seymour Library shall give notice of an election to be conducted on the second Wednesday in October of nineteen hundred ninetytwo. At said election the issue shall be whether the public library district herein described shall be created or not and whether the initial annual budget proposed by the board of the Seymour Library shall be approved or disapproved. The board of Seymour Library shall give notice of said election by the publication of a notice at least once in the officially designated newspaper of each municipality. Publication of such notice shall be not less than thirteen days and not more than twenty days prior to the date of such election. In addition, the board of the Seymour Library shall cause copies of such notice to be posted conspicuously in at least one public place in each of the city of Auburn, and the towns of Fleming, Owasco, Sennett and Throop respectively at least thirteen days prior to the date of such election. Such notice shall specify the time when and the place where such election will be held in each municipality, the issues to be decided at said election and the hours during which the polls will be open. The polling places to be used shall be designated by the board. With the exception of the initial election, the expense of any other election will be paid by the Seymour Public Library District. The board of the Seymour Library shall prepare or cause the ballots to be prepared for such election and the polls at such election shall remain open for the receipt thereof from twelve o'clock p. m. (noon) until 7:30 o'clock p.m., and such additional consecutive hours prior thereto as the board of the Seymour Library may have determined and specified in the notice thereof. The board of the Seymour Library shall designate a resident of each municipality to act as chairperson of the election in such municipality and shall designate not less than two residents to act as election inspectors and ballot clerks at each polling place. The board of the Seymour Library may adopt a resolution providing that such chairpersons, election inspectors and ballot clerks shall be paid for their respective services at such election. Such resolution, if adopted, may fix reasonable compensation for the services of each official. Every qualified voter within the library district shall be entitled to vote at said election. After the polls have been closed at said election, the election inspectors and ballot clerks shall immediately canvass publicly the ballots cast and the chairpersons of the election board in each EXPLANATION-Matter in italics is new; matter in brackets [] is old law municipality shall publicly announce the results. Within seventy-two hours thereafter, the chairpersons, election inspectors and ballot clerks shall execute and file à certificate of the result of the canvass with the board of Seymour Library and with the clerks of the city of Auburn, the towns of Fleming, Owasco, Sennett and Throop. 2. In the event that the district is created, then there shall be an initial election conducted by the Seymour Library Board at a time to be set by the board, at which elections vacancies on the Library District Board of Trustees shall be filled. 3. Candidates for the office of municipalities' member of the board shall be nominated by petition. A separate petition shall be required to nominate each candidate for vacancies on the board occurring in the city of Auburn, the towns of Fleming, Owasco, Sennett and Throop respectively. Each petition shall be directed to the secretary of the board and shall be signed by at least ten qualified voters of the municipality in which the vacancies occur. Each petition shall state the residence of each signer, and shall state the name and residence of the candidate and in the event that any such nominee shall withdraw his candidacy prior to the election, such person shall not be considered a candidate unless a new petition nominating such person in the same manner and within the same time limitations applicable to other candidates is filed with the secretary of the board. Each petition shall be filed in the office of the secretary of the board between the hours of nine o'clock a. m. and five o'clock p. m., not later than the thirty-sixth day preceding the election at which the candidates are to be elected. The candidates receiving the largest number of votes in each municipality shall be elected to fill the vacancies on the board occurring in each such municipality. The board will elect the officers. a 4. No vacancy on the board to be filled shall be considered a separate specific office. At any election of the district, the voters may adopt proposition providing that in all subsequent élections, vacancies on the board shall be considered separate specific offices and that the nominating petitions shall describe the specific vacancy on the board for which the candidate is nominated, which description shall include at least the length of the term of office and the name of the last incumbent, if any. No person shall be nominated for more than one specific office. Such procedure shall be followed with respect to all nominations and elections in subsequent years until and unless such proposition is repealed by the voters of the district at an election by the adoption of a proposition to repeal the same. to 4. Organization and structure. The public library district shall be managed, operated and controlled by a board of trustees consisting of six members; one member from each municipality, together with one exofficio member of the Seymour Library Association or its successor, be appointed by the association or its successor, shall constitute the board of library district herein established. If, following the the public referendum to establish the library district, the district be comprised of either one, two, three, four or five municipalities, each municipality will have equal representation and voting power on the board; and the number of trustees may be adjusted to ensure equal representation among the municipalities. In every selection to the board of trustees, be it this initial election or a subsequent election, each municipality participating in the district shall be entitled to at least one member on the board of trustees. If for any reason a vacancy occurs on the board of trustees, the successor trustee shall be from the same municipality formerly represented on the board of trustees. The trustees shall at the first regular meeting of the board determine by lot the year in which each of their terms of office expire. As vacancies occur, trustees shall be elected at election herein provided for to serve for four year terms by the voters of the library district hereby created, said terms to commence on the first day of January next following the election. In all cases, the initial ratio of municipal representation on the board of trustees shall not be altered. Only qualified voters of the district shall be eligible for election to the board. The board, at its first meeting each year, shall elect or appoint a president and vice-president who shall be members of the board and a secretary, treasurer and such other offices as they deem necessary. If the board so determines, the offices of secretary and treasurer may be held by individuals who are not members of the board and, in that event, such officers may, if the board so determines, receive compensation as fixed by resolution of the board. |
