May 19, 2005, Introduced by Senators HAMMERSTROM, GEORGE, EMERSON and SIKKEMA and referred to the Committee on Government Operations.
A bill to amend 1989 PA 24, entitled
"The district library establishment act,"
by amending sections 2, 3, 4, 11, 12, 15, 19, 20, 21, 23, and 24
(MCL 397.172, 397.173, 397.174, 397.181, 397.182, 397.185, 397.189,
397.190, 397.191, 397.193, and 397.194), sections 2 and 3 as
amended by 2001 PA 64, section 11 as amended by 2002 PA 159,
section 12 as amended by 2002 PA 540, and section 15 as amended by
1994 PA 114, and by adding section 3a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Agreement" means a district library agreement required by
section
3 or the agreement governing a district library established
pursuant
to under former 1955 PA 164.
(b) "Board" means a district library board.
(c) "Department" means the department of history, arts, and
libraries.
(d) "District" means the territory of the participating
municipalities
that is served by a district library established
pursuant
to under this act.
(e) "General election" means that term as defined in the
Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
(f) "Largest" means, if used in reference to a participating
school district, the participating school district having the most
electors voting at the last regularly scheduled school board
election in the participating school district.
(g) "Largest" means, if used in reference to a county, the
county having the most registered electors of a district as last
reported
to the county clerk pursuant to under section 661 of the
Michigan election law, 1954 PA 116, MCL 168.661.
(h) "Legislative body" means, if the municipality is a school
district, the school board.
(i) "Municipality" means a city, village, school district,
township, or county. Municipality shall not include a school
district for the purpose of establishing a new district library
after January 1, 2015.
(j) "Participating" means, in reference to a municipality,
that the municipality is a party to an agreement.
(k) "School district" means 1 of the following but does not
include a primary school district or a school district that holds
meetings rather than elections:
(i) "Local act school district" as defined in section 5 of the
revised school code, 1976 PA 451, MCL 380.5.
(ii) "Local school district" as that term is used in the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(l) "State librarian" means the librarian
appointed pursuant
to
under section 5 of the library of Michigan
act, 1982 PA 540,
MCL 397.15.
Sec.
3. (1) Two Except
as otherwise provided under
subsection (13), 2 or more municipalities, except 2 or more school
districts that hold their regularly scheduled elections on
different dates, authorized by law to establish and maintain a
library or library services may jointly establish a district
library if each of the following requirements is satisfied:
(a) If the proposed district contains a public library, other
than a district library established under this act, and that public
library is recognized by the department as lawfully established for
purposes of the distribution of state aid and penal fines, the
governing board of the public library approves the establishment of
the district library.
(b) The legislative body of each municipality identified in
the agreement described in section 4 adopts a resolution providing
for the establishment of a district library and approving a
district library agreement.
(c) The proposed district library district does not overlap
any portion of another district library district.
(2) A participating municipality may provide in the resolution
required by subsection (1) that only a portion of its territory is
included in the district library district. Except as provided in
subsection (3), the portion of a participating municipality
included in a district library district shall be bounded by county,
township, city, village, or school district boundaries.
(3) A participating municipality other than a county may
exclude from a district library district only that portion of the
municipality's territory located within the boundaries of a public
library that is all of the following:
(a) Recognized by the department as lawfully established for
the purposes of the distribution of state aid and penal fines.
(b) Established under this act or any of the following acts:
(i) 1877 PA 164, MCL 397.201 to 397.217.
(ii) The revised school code, 1976 PA 451, MCL 380.1 to
380.1852.
(iii) 1917 PA 138, MCL 397.301 to 397.305.
(4) On or before October 1, 1998, the boards of district
libraries having common jurisdiction over parcels of taxable
property shall file with the state librarian copies of resolutions
adopted by each, together with a copy of a map described in
subsection (5), certifying the exclusion of territory from one or
the other of the district library districts. The resolution and the
map shall demonstrate that no parcels of taxable property remain
within more than 1 district library district and shall additionally
demonstrate that the remaining district library districts are each
composed of a contiguous whole. If the boards of district library
districts having common jurisdiction over parcels of taxable
property have not filed such resolutions and maps with the state
librarian by October 1, 1998, the department shall approve a change
in the boundaries of those district libraries, eliminating the
overlapped territory. The department shall obtain a statement
identifying the parcels that are located in the overlapping
territory from the treasurer of each county within which the
district library district is located and a statement of the date on
which such parcels were first included within the territory of a
district library district established in accordance with this act.
The department shall direct the district library board to ensure
that any parcel that was originally located within the boundaries
of a district library district remain in that original district
library district and be excluded from the territories of the other
district library districts in which it is located.
(5) Participating municipalities that propose to establish a
district
library shall file with the state librarian all both of
the following:
(a) A copy of an agreement described in section 4 that
identifies the proposed library district.
(b) A copy of a map or drawing that is no smaller than 8-1/2
by 13
11 inches or larger than 14 by 18 inches and clearly
shows
the territory proposed to be included in the district library
district.
(c)
A map that unambiguously shows The
map shall
unambiguously show the relationship of the proposed district
library district to the adjacent and constituent units of
government, which include counties, cities, villages, townships,
school districts, and district libraries.
(6) The state librarian shall review the agreement described
in subsection
(5)(a) section 4 and the map
described in
subsection (6)(b) and approve or disapprove of the proposed
district library district in accordance with section 5. The
participating municipalities shall cooperate with the state
librarian to correct any errors or changes in the agreement or map
that the state librarian considers necessary to comply with this
act.
(7) Upon receiving notice of the state librarian's approval of
an agreement described in section 4, upon receiving notice of a
directive from the department in accordance with subsection (4), or
upon expiration of the 10-day period described in subsection (11),
the secretary of the board of the affected district library shall
submit to the county treasurer of each county in which the district
library district is located and to the treasurer of each
municipality in which the district library district is located a
copy of all of the following:
(a) The state librarian's written statement of approval for
the district library issued in accordance with section 5 or the
department's directive received in accordance with subsection (4).
(b) The map or drawing of the district library's territory
described in subsection (5)(b).
(c) If the district library includes only a portion of a
municipality, the tax identification number of each parcel of
property within that municipality which is included in the district
library district.
(8) Once an agreement is approved by the state librarian, the
agreement and boundaries of a district library established under
this act may be amended to do only the following:
(a) Provide for the withdrawal of a participating municipality
in accordance with section 24.
(b) Add a participating municipality in accordance with
section 25.
(c) Provide for the merging of 2 or more district libraries.
(d) (c)
Eliminate certain territory in accordance with
subsection (10).
(9) For any amendment described in subsection (8), the
secretary of the board of the district library shall file with each
of the following a copy of the map or drawing of the amended
boundaries approved by the participating municipalities:
(a) The county treasurer of each county in which the district
library is situated.
(b) The department.
(10) A district library recognized by the legislative council
before December 29, 1997 may amend its boundaries to eliminate
territory located within the legal boundaries of a public library
or another district library district, if that public library or
other district library is recognized by the department as lawfully
established for the purposes of the distribution of state aid and
penal fines. The procedures for amending an agreement under section
5 do not apply to a boundary amendment described in this
subsection. A district library that amends its boundaries under
this subsection shall meet all of the following requirements:
(a) The board of the district library adopts a resolution
designating the territory to be excluded from its boundaries.
(b) The proposed amended boundaries exclude only that
territory which is within the legal boundaries of a public library
established under this act or any of the following acts and
recognized by the department as lawfully established for the
purposes of the distribution of state aid and penal fines:
(i) 1877 PA 164, MCL 397.201 to 397.217.
(ii) The revised school code, 1976 PA 451, MCL 380.1 to
380.1852.
(iii) 1917 PA 138, MCL 397.301 to 397.305.
(c) The district library files with the state librarian a copy
of the resolution of the board described in subdivision (a)
together with a map or drawing that complies with the requirements
of subsection (5)(b).
(11) If a district library complies with subsection (4) or
(10) and the state librarian does not disapprove the amended
boundaries within 10 business days after receiving the map or
drawing described in subsection (10)(c), the boundaries are
amended.
(12) The territory that has been excluded from any district
library district under subsection (4) or (10) shall remain a part
of the district library district from which it has been excluded
for the purpose of levying debt retirement taxes for bonded
indebtedness of the district library district that exists on
December 29, 1997. The territory shall remain a part of that
district library district until the bonds are redeemed or
sufficient funds are available in the debt retirement fund of the
district library for that purpose.
(13) Except for a school district and with the approval of the
state librarian, a single municipality may establish a district
library under this section if each of the following requirements is
satisfied:
(a) The municipality has made an assertive effort over a
period of time of not less than 3 years to form a district library
with 1 or more other municipalities.
(b) The municipality has submitted to and received the state
librarian's approval of a plan of service.
(c) The municipality has a population of 5,000 or more.
(d) The municipality is otherwise qualified and meets the
requirements of a district library under this act.
(e) Any other requirements considered necessary by the state
librarian to ensure that a district library created under this
section complies with the intent of this act.
Sec. 3a. (1) Upon petition by not less than 5% of the
registered electors residing in each of the affected
municipalities, requesting a referendum on the question of becoming
a district library or joining an existing district library, the
clerk of each affected municipality, upon verifying the required
number of signatures on the petitions, shall file a copy of the
petition with the department and submit the question of whether the
municipality should become a participating municipality to the vote
of the electors of the municipality at the next general election or
special election called for that purpose and conducted in
accordance with the Michigan election law, 1954 PA 116, MCL 168.1
to 168.992.
(2) The referendum submitted to the electors under this
section shall include a request for a millage to fund the new
district or the municipality's obligation to the existing district.
(3) If approved by a majority of the electors in the affected
municipality voting on the question, the municipality shall proceed
to become a participating municipality in the manner provided under
this act.
(4) A new district library established under this section
shall consist of 2 or more municipalities and be governed by an
elected board as provided under section 11.
(5) If a new district library is created under this section,
each participating municipality shall appoint members to an interim
governing board in a number proportional to its population in
relationship to the entire district. The interim board shall
prepare and submit the agreement and map required by this act to
the department no later than 180 days from the date the electors
approve the new district. If the agreement and map are not
submitted as required by this subsection, the agreement and map
shall be prepared by the state librarian.
(6) The board required under subsection (4) shall be elected
not later than 1 year from the date the electors approve the new
district.
Sec.
4. (1) The agreement shall provide for
the creation of a
board
to govern the operation of the district library and set forth
all of the following:
(a) The name of the district. The name shall include the word
"district".
(b) (a)
The identity of the municipalities establishing the
district library.
(c) (b)
The creation
of a board to govern the operation of
the district and the method of selection of board members, whether
by
election or appointment. ; if If
board members are selected by
appointment, their
the agreement shall provide
for the term of
office, the total number of board members, and the number of board
members to be appointed by the legislative body of each
participating
municipality. ; and, if If board members are
selected by election, the agreement shall provide for the number of
provisional board members to be appointed by the legislative body
of each participating municipality.
(d) (c)
Of the amount of money to be stated in the annual
budget pursuant
to under section 13, the percentage to be
supplied by each participating municipality.
(e) (d)
The procedure for amending the agreement, which
shall require the consent of the legislative bodies of not less
than 2/3 of the participating municipalities.
(f) (e)
A period of time after the effective date of the
agreement, not less than 1 year, during which the adoption of a
resolution
to withdraw from the district library
pursuant to
under section 24 shall be void.
(g) (f)
Any distribution of district library assets to take
place upon the withdrawal of a participating municipality.
(h) (g)
Any other necessary provisions regarding the
district library.
(2) A district library agreement may provide that the district
library board is abolished and the district library terminates
unless, on or before a date stated in the agreement, the district
electors approve a district library millage at a rate not less than
a minimum number of mills stated in the agreement. If the district
library agreement contains such a provision, the district library
agreement shall specify the manner in which the net assets of the
district library shall be distributed to the participating
municipalities upon termination and shall contain a plan for
continuing public library service to all residents of the district
after termination.
Sec.
11. (1) All Except
as otherwise provided under
subsection (2), all of the following apply to an election of board
members
of a district library: unless a school district is a
participating
municipality and subsection (2) imposes a different
requirement:
(a) If an agreement prescribes elected board members, the
board shall consist of 7 members elected at large from the
district.
(b) If an agreement prescribes elected board members, a
provisional board of 7 members shall be appointed. The members of
the provisional board shall hold office until their successors are
elected and qualified.
(c) The first election of board members shall take place at
the first general election held 140 days or more after the
appointment of the first member of the provisional board. The 4
persons receiving the most votes at the first election for board
members shall have 4-year terms, and the 3 remaining persons
elected to the board shall have 2-year terms. After the first
election, board members shall be elected at general elections for
4-year terms that begin on January 1 following the election.
(d) Board members shall be elected on nonpartisan ballots.
(e) Subject to subdivision (f), a nomination for the office of
board member shall be by nonpartisan petitions signed by registered
electors of the district. The number of signatures shall be as
follows:
(i) For a district with a population of less than 10,000, not
less than 6 or more than 20.
(ii) For a district with a population of 10,000 or more, not
less than 40 or more than 100.
(f) In lieu of the nominating petition prescribed in this
subsection, an individual may file a $100.00 nonrefundable fee to
have his or her name placed on the ballot.
(g) A nominating petition or filing fee shall be filed with
the clerk of the largest county not later than 4 p.m. of the day
110 days before the date of the election. The county clerk with
whom nominating petitions or filing fees are filed shall certify
the names of the candidates to the clerk of every other county in
which all or part of a participating municipality is located.
(h) A vacancy in the office of a board member shall be filled
until the expiration of the vacating board member's term by
appointment
by majority vote of the remaining board members.
However,
if If the vacancy occurs 140 or more days or,
if a
school
district is a participating municipality, 13 or more Mondays
before the first regularly scheduled election of board members that
follows the beginning of the term of the board member vacating
office and that term is 4 years, all of the following apply:
(i) The vacancy shall be filled by appointment by majority vote
of the remaining board members only until the next date on which
the term of any board member expires.
(ii) A board member shall be elected at the regularly scheduled
election of board members next following the occurrence of the
vacancy to fill the vacancy for the remainder of the term of the
board member vacating office.
(2) If a school district is a participating municipality, the
following apply to an election of board members for a district
library:
(a) The first election of board members shall take place at
the same time as the first regularly scheduled election of school
board members in the largest participating school district
occurring on or after the thirteenth Monday following the
appointment of the first member of the provisional board. The term
of office of an elected member of the board shall begin at the same
time as the term of a school board member elected at the same
election in the largest participating school district.
(b) Subject to subdivision (c), a nomination for the office of
board member shall be by a petition meeting to the extent
applicable the same requirements, including filing requirements, as
a nominating petition for the office of school board member in the
largest
participating school district. However, the The petition
shall
be filed not later than 4 p.m. of the
ninth Monday twelfth
Tuesday preceding the election. The number of signatures shall be
as follows:
(i) For a district with a population of less than 10,000, not
less than 6 or more than 20.
(ii) For a district with a population of 10,000 or more, not
less than 40 or more than 100.
(c) In lieu of the nominating petition prescribed under
subdivision (b), an individual may file a $100.00 nonrefundable fee
to have his or her name placed on the ballot. A nominating petition
or
filing fee shall be filed with the
secretary of the school
board
of district election
coordinator for the largest
participating
school district. The secretary of that school
board
district election
coordinator shall certify the names of
the
candidates
and the date of the election to the
secretary of the
school board
district election
coordinator of every other
participating school district and to the election officials
authorized by this act to conduct the election in each
participating municipality all or a portion of which is located
within a nonparticipating school district.
(3) The agreement may be amended to coordinate the terms and
election of board members with the terms and election of other
school or municipal officials.
Sec. 12. (1) A board may do 1 or more of the following:
(a) Establish, maintain, and operate a public library for the
district.
(b) Appoint and remove officers from among its members.
(c) Appoint and remove a librarian and necessary assistants
and fix their compensation.
(d) Acquire
Purchase, sell, convey,
lease, or otherwise
acquire or dispose of real or personal property for use for library
purposes. by
purchase, land contract, installment purchase
contract,
lease with or without option to purchase, or title
retaining
contract.
(e) Erect buildings.
(f) Supervise and control district library property.
(g) Enter into a contract to receive library-related service
from or give library-related service to a library or a municipality
within or without the district. Any contract to provide library-
related services to a municipality outside of the district that is
renewed or entered into after 1 year from the effective date of the
amendatory act that added section 3a shall require the district to
be compensated by the residents outside the district by an amount
equivalent to the amount paid on average by residents per household
of the district. In calculating the contract amount under this
subdivision, the district library shall not include funds received
through penal fines and other state aid.
(h) Adopt bylaws and regulations, not inconsistent with this
act, governing the board and the district library.
(i) Propose and levy upon approval of the electors as provided
in this act a tax for support of the district library.
(j) Borrow money pursuant to the district library financing
act, 1988 PA 265, MCL 397.281 to 397.290.
(k) Issue bonds pursuant to the district library financing
act, 1988 PA 265, MCL 397.281 to 397.290.
(l) Accept gifts and grants for the district library.
(m) Do any other thing necessary for conducting the district
library service, the cost of which shall be charged against the
district library fund.
(2) A board may reimburse a board member for necessary
expenses that the member incurs in the performance of official
duties. A board may compensate board members for attending official
meetings of the board or committees of the board and shall include
the amount of compensation in the annual budget. Compensation shall
not exceed $30.00 per board member per meeting. A board member
shall not be compensated for attending more than 52 meetings per
year.
(3) Money for the district library shall be paid to the board
and deposited in a fund known as the district library fund. The
board shall exclusively control the expenditure of money deposited
in the district library fund.
Sec. 15. (1) A ballot proposal for a districtwide tax shall
state the amount of the millage. If section 13(4) limits the
maximum duration of a portion of the millage in a ballot proposal
for a districtwide tax, the ballot proposal shall state the
proposed duration of that portion of the millage.
(2) If none of the participating municipalities are a school
district, a proposal for a districtwide tax shall not be placed on
the ballot unless the proposal is adopted by a resolution of the
board and certified by the board not later than 60 days before the
election to the county clerk of each county in which all or part of
the district is located for inclusion on the ballot. The proposal
shall be certified for inclusion on the ballot at the next general
election, the state primary immediately preceding the general
election,
or a special election not occurring within 45 days of a
state
primary or a general held on
an otherwise regularly
scheduled election date, as specified by the board's resolution.
(3) If 1 or more of the participating municipalities are
school districts, a proposal for a districtwide tax shall not be
placed on the ballot unless the proposal is adopted by a resolution
of the board and certified by the board not later than 60 days
before
the election to the secretary of the school board
district election coordinator of the largest participating school
district. The board shall certify the proposal for inclusion on the
ballot at the next regularly scheduled election of school board
members in the largest participating school district or at a
special
election not occurring within 45 days of a state primary
or
a general held on an
otherwise regularly scheduled election
date, as specified by the board's resolution. The school board
secretary
district election
coordinator to whom the ballot
proposal was certified shall promptly certify the proposal and date
of
election to the secretary of the school board
district
election coordinator of every other participating school district
and to the election officials authorized by this act to conduct the
election in the participating municipalities or the portions of
participating municipalities located within a nonparticipating
school district.
(4)
If a special election is requested, within 10 days after
receiving
the proposal, the school board secretary to whom the
resolution
was certified by the board or the county clerk of the
largest
county shall request approval of a special election date
from
the county election scheduling committee of the school board
secretary's
school district or the clerk's county. The proposal
shall
be submitted to the qualified and registered electors
residing
in the district on the date approved by that county
election
scheduling committee.
(4) (5)
If a majority of the votes cast on the question of a
districtwide tax is in favor of the proposal, the tax levy is
authorized. No more than 2 elections shall be held in a calendar
year on a proposal for a districtwide tax.
Sec. 19. If 1 or more participating municipalities are school
districts,
the secretary of the school board
district election
coordinator of each participating school district shall provide for
the
printing of ballots for that school district. The secretary of
the
school
board district election coordinator of the largest
participating school district shall provide ballots for an election
for board members or a districtwide tax for a participating
municipality or part of a participating municipality located within
a nonparticipating school district.
Sec. 20. If 1 or more participating municipalities are school
districts, the election for board members or a districtwide tax
shall be conducted as follows:
(a)
The officials school district election coordinator
otherwise authorized by law to conduct elections in a participating
school district shall conduct the election in that school district.
(b) If all or a portion of the participating municipality is
located within a nonparticipating school district that is holding
an election on the same day as the election for board members or a
districtwide
tax, the officials school district election
coordinator authorized by law to conduct elections in the
nonparticipating school district shall conduct the election for
board members or a districtwide tax in the participating
municipality or that portion of the participating municipality
located within the nonparticipating school district. The qualified
and registered electors of the participating municipality that
reside within the nonparticipating school district shall vote in
the election for board members or a districtwide tax by special
ballot at their regular polling places in the election in the
nonparticipating school district. Those qualified and registered
electors shall be identified from the registration records of the
nonparticipating school district or from a list of the names,
addresses, and birth dates of qualified and registered electors of
the participating municipality who reside in the nonparticipating
school district and are eligible to vote in elections for board
members
or a districtwide tax. Such a The
list shall be supplied
and updated by the clerk of the participating municipality at the
request
of the secretary of the school board
district election
coordinator or other official authorized by law to conduct the
election.
(c) If all or a portion of a participating municipality is
located within a nonparticipating school district that is not
holding an election on the same day as the election for board
members
or a districtwide tax, the officials school district
election coordinator authorized by law to conduct elections in the
participating municipality shall conduct the election for board
members or a districtwide tax in the participating municipality or
that portion of the participating municipality located within the
nonparticipating school district.
Sec. 21. (1) If an election for district board members or a
districtwide
tax is conducted by a participating school district
pursuant
to under section 20(a), the official school
district
election coordinator required by law to publish notices of the
close of registration and election for a school district election
in that school district shall publish the notices for the election
for board members or a districtwide tax in that school district.
(2) If an election for board members or a districtwide tax is
conducted in a participating municipality or a portion of a
participating
municipality by a nonparticipating school district,
pursuant
to under section 20(b), the official school
district
election coordinator required by law to publish the notices of
close of registration and election for a school district election
in that school district shall publish the notices for the election
for board members or a districtwide tax for the participating
municipality or portion of a participating municipality located
within that school district. The notices of close of registration
and election shall designate the participating municipality for all
or
a portion of which the election is being conducted pursuant
to
under section 20(b).
(3) If an election for board members or a districtwide tax is
conducted
by a participating municipality pursuant to under
section 20(c), the clerk of the participating municipality shall
publish notices of close of registration and election for the
participating municipality or that portion of the participating
municipality located in the nonparticipating school district.
(4) A notice of close of registration published under this
section shall contain the ballot language of the proposal.
Sec. 23. (1) A county clerk shall charge the district library
and the district library shall reimburse the county for the actual
costs the county incurs in an election for board members or a
districtwide tax.
(2) If a participating township, city, or village conducts an
election for district library board members or a districtwide tax,
the clerk of that municipality shall charge the district library
and the district library shall reimburse the municipality for the
actual costs the municipality incurs in conducting the election if
1 or more of the following apply:
(a) The election is not held in conjunction with a regularly
scheduled election in that municipality.
(b) Only a portion of the territory of the municipality is
included in the district.
(c)
The election is conducted pursuant to under section
20(c) in conjunction with a regularly scheduled election in the
municipality and a portion of the municipality lies within the
boundaries of a nonparticipating school district.
(3) If a school district conducts an election for district
library
board members or a districtwide tax, the officials school
district election coordinator authorized by law to conduct the
election shall charge the district library and the district library
shall reimburse the school district for the actual costs that the
school
district incurs in conducting the election if 1 or more of
the
following apply:
(a)
The school district is a participating school district and
the
election is not held in conjunction with a regularly scheduled
election
in that school district.
(b)
The the school district is a nonparticipating school
district conducting the election for a participating municipality
all or part of which is located within the school district.
(4)
In addition to costs reimbursed pursuant to under
subsection (1), (2), or (3), a municipality shall charge the
district library and the district library shall reimburse the
municipality for actual costs that the municipality incurs and that
are exclusively attributable to an election for board members or a
districtwide tax.
(5) The actual costs that a county, township, city, village,
or school district incurs shall be based on the number of hours of
work done in conducting the election, the rates of compensation of
the workers, and the cost of materials supplied in the election.
Sec. 24. (1) Except to the extent that the agreement provides
otherwise, a participating municipality in which a district library
tax is in effect or authorized to be levied by the district library
or by the participating municipality may withdraw from the district
library
if each all
of the following requirements is
are
satisfied:
(a) Not less than 2 months before the next regularly scheduled
election of the municipality, the legislative body of the
municipality adopts a resolution to withdraw from the district
library on a date specified in the resolution. The date specified
shall be not less than 6 months after the next regularly scheduled
election of the municipality.
(b) Notice of an election on the resolution is published in a
newspaper published or of general circulation in the municipality
not less than 10 days before the next regularly scheduled election
of the municipality following adoption of the resolution.
(c) The resolution is approved by a majority of the electors
of the municipality voting on the resolution at the next regularly
scheduled election of the municipality following adoption of the
resolution. If only a portion of the territory of a municipality is
included in the district, the vote shall be conducted only in that
portion of the municipality included in the district.
(d) After approval of the resolution by the electors, the
clerk of the municipality or, if the municipality is a school
district,
the secretary of the school board
district election
coordinator files with the library of Michigan a copy of the
official canvass statement and a certified copy of the resolution
and files with the board a copy of the official canvass statement
and a number of certified copies of the resolution sufficient for
distribution to the legislative body of each of the participating
municipalities.
(e) Payment or the provision for payment to the district
library or its creditors of all obligations of the municipality
seeking to withdraw is made.
(f) The legislative body of the withdrawing municipality
furnishes to the library of Michigan a plan for continuing, after
the municipality no longer receives library services from the
district library, public library service for all residents of the
withdrawing municipality or the portion of the territory of the
withdrawing municipality that is included in the district.
(2) A district library tax in effect or authorized to be
levied by the district library or by the withdrawing municipality
before the adoption of the resolution to withdraw shall be levied
in the municipality for its original purpose but only for the
period of time originally authorized and only so long as the board
continues in existence. In addition, a municipality that withdraws
from a district library shall continue to receive library services
from the district library so long as a districtwide tax authorized
to be levied before the withdrawal of the municipality continues to
be levied in the municipality and the district library remains in
operation.
(3) Except to the extent that the agreement provides
otherwise, a participating municipality in which no district
library tax is in effect or authorized to be levied by either the
district library or the participating municipality may withdraw
from the district library if all of the following requirements are
satisfied:
(a) The legislative body of the municipality adopts a
resolution to withdraw from the district library on a date
specified in the resolution. The withdrawal date shall follow the
date of the resolution by not less than 1 year.
(b) The clerk of the municipality or, if the municipality is a
school
district, the secretary of the school board
district
election coordinator files with the library of Michigan a certified
copy of the resolution and files with the board a number of
certified copies of the resolution sufficient for distribution to
the legislative bodies of each of the participating municipalities.
(c)
The requirements of subsection (1)(e) and (f) are met
satisfied.
(4) After the withdrawal of a municipality, the agreement
shall be amended to reflect the withdrawal.
(5) The state librarian may initiate proceedings to dissolve a
district library established under this act if he or she finds 1 or
more of the following:
(a) The district library does not qualify for distribution of
state aid and penal fines.
(b) The district library board has not met within the last 12
months.
(c) The district library lacks the funding to provide adequate
library-related services.
(d) Any other appropriate factors considered by the state
librarian that warrant the dissolution of the district.