LIBRARY GOVERNING BOARD S.B. 546:
COMMITTEE SUMMARY
Senate Bill 546 (as introduced 9-25-13)
Sponsor: Senator Dave Robertson
Committee: Local Government and Elections
CONTENT
The bill 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:
-- Establish four-year terms for members of boards established by cities or villages that hold elections for local officers every four years.
-- Require a candidate for city, village, or township library governing board member to be a qualified elector of that city, village, or township.
-- 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.
-- Specify conditions that would constitute a vacancy on a library governing board.
-- 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 board would serve until the next November general election.
The Act contains requirements for the appointment or election of boards of directors for public libraries established by local units of government. The bill would replace a number of references to the "board of directors" and "directors" with references to the "governing board" and "members", respectively.
A city, village, or township must establish a governing board as provided in the Act immediately after the local unit has voted to establish a free public library; or if a local unit has a free public library that has not elected a governing board. The local unit must appoint a provisional governing board of six members who will hold office until the next city, village, or township election of a permanent board. A permanent board of six members must be elected, with members serving the following terms:
-- In a city or village that holds an annual election, the terms of two members are one year, the terms of two members are two years, and the terms of two members are three years; and each year after that, two members must be elected for three-year terms.
-- In a city or village that holds biennial elections, the terms of two members are two years, the terms of two members are four years, and the terms of two members are six
years; and every two years after that, two members must be elected for six-year terms.
-- In a township that holds elections for township officers every four years, six members must be elected for four-year terms.
The bill would require six members to be elected for four-year terms in a city or village that holds elections for city or village officers every four years.
In addition, the bill would require a candidate for city, village, or township library governing board member to be a qualified elector of that city, village, or township.
Members must be nominated and elected on nonpartisan ballots. The Michigan Election Law governs the circulation and filing of petitions and the conduct of nonpartisan elections under the Act. The bill would 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.
The Act provides that a member holds office until a successor is elected and qualified. The bill 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.
The Act requires a library governing board to fill a vacancy by appointment of an individual to hold office until the next election. The bill would apply this requirement to a city or village board, and would refer to the next regular election at which city or village officers were elected. A township library governing board would have to fill a vacancy by appointment of an individual to hold office until the next general November election.
MCL 397.202 et al. Legislative Analyst: Julie Cassidy
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.