LOCAL LIBRARY BOARD MEMBERS & VACANCIES

Senate Bill 546 (Substitute S-1)

Sponsor:  Sen. Dave Robertson

House Committee:  Elections and Ethics

Senate Committee:  Local Government & Elections

Complete to 4-28-14

A SUMMARY OF SENATE BILL 546 (S-1) AS PASSED BY THE SENATE 10-16-13

Senate Bill 546 (S-1) would amend Public Act 164 of 1877, which governs city, village, and township libraries, to revise provisions regarding library governing boards.  Specifically, the bill would do the following:

o                   Establish four-year terms for members of library boards established by cities or villages that hold elections for local officers every four year.

o                   Require a candidate for city, village, or township library governing board member to be a qualified elector of that city, village, or township.

o                   Require a nonpartisan library governing board election to be held in conjunction with the applicable local unit's next regularly scheduled primary or general election.

o                   Specify conditions that would constitute a vacancy on a library governing board.

o                   Specify that an individual appointed to fill a vacancy on a city or village library board would serve until the next regular election, and a person appointed to fill a vacancy on a township library board would serve until the next November general election.

Under the bill, a member who was serving on the bill's effective date (assuming the bill is enacted into law) and who ceased to be a qualified elector of the city, village, or township during that term could serve the remainder of the term but could not seek another term without being a qualified elector of that local unit.

Now the statute provides that a governing board member holds office until a successor is elected and qualified.  Senate Bill 546 (S-1) would create an exception to this provision, specifying that a member office would become vacant when the incumbent died, resigned, was convicted of a felony, was removed from office by the governor under the State Constitution, or ceased to be a qualified elector of the city, village, or township in which he or she was appointed or elected. 

MCL 3976.202 et al.

 

FISCAL IMPACT:

The bill would have no fiscal impact on state and local government.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                 Fiscal Analysts:   Bethany Wicksall

                                                                                                                           Karen Shapiro

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.