SB-0546, As Passed Senate, October 16, 2013

SUBSTITUTE FOR

SENATE BILL NO. 546

     A bill to amend 1877 PA 164, entitled

"An act to authorize cities, incorporated villages, and townships

to establish and maintain, or contract for the use of, free public

libraries and reading rooms; and to prescribe penalties and provide

remedies,"

by amending sections 2, 3, 4, 5, 7, 9, 10, 10a, 10c, 11, 14, 15,

and 16 (MCL 397.202, 397.203, 397.204, 397.205, 397.207, 397.209,

397.210, 397.210a, 397.210c, 397.211, 397.214, 397.215, and

397.216), section 2 as amended by 2000 PA 99, sections 10, 10a, and

10c as amended by 1994 PA 81, section 11 as amended by 2002 PA 160,

and sections 14 and 16 as amended and section 15 as added by 1984

PA 128.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. (1) If a city council decides to establish and

maintain a public library and reading room under this act, the

mayor of that city shall, with the approval of the city council,

appoint a governing board of 5 directors members for the library

and reading room, chosen from the citizens at large, with reference

to their fitness for that office. Not more than 1 member of the

city council shall may be at any 1 time a member of the board at

any 1 time.

     (2) If a city council decides, after the first appointments

appointment of the governing board of directors as provided in

under subsection (1), that the purposes of the library and reading

room would be better served by a different number of members on the

appointed governing board, of directors, the city council may by

ordinance change the number of members to an odd number not less

than 5 or more than 9.

     (3) The term of office for each member of the appointed

governing board of directors may be changed by ordinance to a term

of not less than 2 years or more than 5 years.

     (4) Notwithstanding the provisions of section 3, if the term

of office is changed by ordinance by a city council, the term of

office for subsequent appointments by the mayor shall be the same

as prescribed by the ordinance.

     Sec. 3. The offices of boards of directors heretofore

appointed before July 1, 1932 under this act, consisting of 9

members, are hereby declared vacant on effective July 1, 1932, and

a board of 5 directors members to succeed them or a board of

directors of 5 members for a library newly established hereunder

under this act shall be first appointed as follows: 1 director

member shall be appointed for a term of 5 years, 1 director member

shall be appointed for a term of 4 years, 1 director member shall

be appointed for a term of 3 years, 1 director member shall be

appointed for a term of 2 years, 1 director member shall be

appointed for a term of 1 year, and annually thereafter the mayor

shall appoint 1 member of such board of directors for a term of 5

years. The mayor may, by and with the consent of the city council,

remove any director member for misconduct or neglect of duty.

     Sec. 4. Vacancies A vacancy in the governing board of

directors occaisioned a library occasioned by removals, removal,

resignation, or otherwise, shall be reported to the city council ,

and be filled in like the same manner as the original appointments,

appointment, and no director member shall receive compensation as

such.

     Sec. 5. Said directors The governing board of a library shall,

immediately after appointment, meet and organize, by the election

of 1 of their number 1 member as president, and by the election of

such other officers as they may deem necessary. They The governing

board shall make and adopt such by-laws, bylaws, rules, and

regulations for their its own guidance and for the government of

the library and reading room, as may be expedient, not inconsistent

consistent with this act. They shall have the The governing board

has exclusive control of the expenditure of all moneys money

collected to the credit of the library fund, and of the

construction of any library building, and of the supervision, care,

and custody of the grounds, rooms, or buildings constructed,

leased, or set apart for that purpose. : Provided, That all moneys

All money received for such the library shall be deposited in the

treasury of said the city to the credit of the library fund, and

shall be kept separate and apart from other moneys money of such

the city, and drawn upon by the proper officers of said the city ,

upon the properly authenticated vouchers of the library board. Said

The governing board shall have power to may purchase or lease

grounds , to and occupy, lease, or erect an appropriate building or

buildings for the use of said the library; shall have has the power

to appoint a suitable librarian and necessary assistants , and fix

their compensation; and shall also have power to remove such

appointees. ; and The governing board shall , in general, carry out

the spirit and intent of this act in establishing and maintaining a

public library and reading room.

     Sec. 7. The said governing board of directors appointed under

section 2 shall make, at the end of each and every year from and

after the organization of such library, a annually report to the

city council , stating the condition of their trust at the date of

such report the various sums of on the money received from the

library fund and from other sources, and how such moneys have the

money has been expended , and for what purposes; the number of

books and periodicals on hand; the number added by purchase, gift,

or otherwise during the year; the number lost or missing; the

number of visitors attending; the number of books loaned out, and

the general character and kind of such those books; , with such as

well as other statistics, information, and suggestions as they may

deem of general interest. it deems appropriate. All such portions

of said the report as that relate to the receipt and expenditure of

money, as well as the number of books on hand, books lost or

missing, and or books purchased, shall be verified by affidavit.

     Sec. 9. Any person desiring to make donations of donate money,

personal property, or real estate for the benefit of such a library

, shall have has the right to vest the title to money or real

estate so donated in the a governing board of directors created

under this act, to be held and controlled by such that board , when

accepted , according to the terms of the deed, gift, devise, or

bequest of such the property. ; and as to such property, the said

The governing board shall be held and considered to be a special

trustees.trustee of money, personal property, or real estate

donated under this section.

     Sec. 10. (1) Fifty voters of an incorporated village or

township may present to the clerk of the village or township a

petition asking that a tax be levied for the establishment of a

free public library in the village or township and specifying the

rate of taxation, not to exceed 2 mills on the dollar. The tax may

be of unlimited duration or the petition may specify the number of

years for which the tax shall be levied. The clerk, in the next

legal notice of the regular election in that village or township,

shall give notice that at the election every voter may vote on the

proposition including the rate and any duration of taxation for the

free public library.

     (2) If the majority of all the votes cast in the village or

township is for the tax for a free public library, the tax

specified in the notice shall be levied and collected in the same

manner as other general taxes of that village or township for the

period, if any, specified in the petition, and shall be placed in a

fund known as the library fund.

     (3) If a free public library is established and a governing

board of directors elected and qualified, that board, of directors,

on or before the first Monday of September in each year , if the

for a free public library is established by a township, and on or

before the second Monday in April , if the in each year for a free

public library is established by an incorporated village, shall

prepare an estimate of the amount of money necessary for the

support and maintenance of the library for the ensuing year, not

exceeding 2 mills on the dollar of the taxable property of the

village or township. Unless any period specified in the petition

for the levy of the tax has expired, the governing board of

directors shall report the estimate to the assessor of the village

or the supervisor of the township for assessment and collection in

the same manner as other village or township taxes . The and the

tax shall be so assessed and collected. The A corporate authorities

authority of the villages a village or townships township may

exercise the same powers conferred upon the corporate authorities

authority of cities a city under this act.

     (4) A library established under this section constitutes an

authority under section 6 of article IX of the state constitution

of 1963.

     Sec. 10a. (1) Fifty voters of a city may present to the clerk

of the city a petition asking that a tax be levied for the

establishment of a free public library in that city and specifying

a rate of taxation not to exceed 2 mills on the dollar. The tax may

be of unlimited duration or the petition may specify the number of

years for which the tax shall be levied. The clerk, in the next

legal notice of the regular election in that city, shall give

notice that at the election every voter may vote upon the

proposition. The notice shall specify the rate and any duration of

taxation mentioned in the petition.

     (2) If a majority of all the votes cast in the city upon the

proposition is for the tax for a free public library, the tax

specified in the notice shall be levied and collected in the same

manner as other general taxes of that city for the period, if any,

specified in the petition, and shall be placed in a fund to be

known as the "library fund".

     (3) If the free public library is established under this

section, and a governing board of directors is elected and

qualified as provided in section 11, the board, of directors on or

before the first Monday in September in each year, shall prepare an

estimate of the amount of money necessary for the support and

maintenance of the free public library for the ensuing year, not

exceeding to exceed 2 mills on the dollar of the taxable property

of the city. Unless any period specified in the petition for the

levy of the tax has expired, the governing board of directors shall

report the estimate to the legislative body of the city. The

legislative body shall cause to be raised raise by tax upon the

taxable property in the city the amount of the estimate in the same

manner that other general taxes are raised in the city.

     (4) A tax levied under this section shall be in addition to

any tax limitation imposed by a city charter.

     Sec. 10c. (1) If a city, village, or township has voted on,

approved, and established a library pursuant to this act and the

library governing board of directors by resolution determines that

the estimate of the amount of money necessary for the support and

maintenance of the library exceeds the previously authorized

millage or that, if the previously authorized millage was approved

for a specific number of years, the millage should be renewed, the

question of increasing the library millage to not more than 2 mills

or of renewing the millage shall be placed on the ballot for

approval at the next regular annual election for that city,

village, or township or at a special election for that city,

village, or township. The increase or renewal may be of unlimited

duration or the question may specify the number of years for which

the increase or renewal shall be levied. The costs of a special

election shall be paid from the library fund.

     (2) If , before the effective date of the amendatory act that

added this subsection, a library millage was renewed in the manner

provided by subsection (1) before April 11, 1994, that millage

renewal is hereby validated.

     Sec. 11. (1) Immediately after a city, a village, or a

township has voted to establish a free public library, the city,

village, or township shall establish a library governing board

shall be established by the city, village, or township as

prescribed provided in subsections (3) and (4).

     (2) If a city, village, or township has a free public library

which that has not elected a library governing board, including a

city library and governing board of directors established under

sections 1 to 10, the city, village, or township shall establish a

library governing board as prescribed provided in subsections (3)

and (4).

     (3) The legislative body of a city, village, or township

described in subsection (1) or (2) shall appoint a provisional

library governing board of 6 directors members who shall hold

office until the next annual or biennial city, or village,

election, or township election , of a permanent library governing

board.

     (4) A permanent library governing board shall be established

for a city, village, or township described in subsection (1) or (2)

as follows:

     (a) In a city or village holding that holds an annual

election, 6 directors members shall be elected. The terms of 2 of

the directors members shall be 1 year; the terms of 2 of the

directors members shall be 2 years; and the terms of 2 of the

directors members shall be 3 years. Each year thereafter, 2

directors members shall be elected for 3-year terms.

     (b) In a city or village that holds biennial elections, 6

directors members shall be elected. The terms of 2 of the directors

members shall be 2 years; the terms of 2 of the directors members

shall be 4 years; and the terms of 2 of the directors members shall

be 6 years. Biennially thereafter, 2 directors members shall be

elected for 6-year terms.

     (c) In a city or village that holds elections for city or

village officers every 4 years, 6 members shall be elected for 4-

year terms.

(d) (c) In a township holding that holds elections for

township officers every 4 years, 6 directors members shall be

elected for 4-year terms. at the primary and general elections in

1984. A term of office shall not be shortened by this subdivision.

A director scheduled by this section before March 31, 1981, to be

elected at a time other than 1984 shall not be elected on the date

scheduled, but shall continue in office until a successor takes

office pursuant to the election of 1984.

(e) (d) The directors members shall be nominated and elected

on nonpartisan ballots. A candidate for city, village, or township

library director governing board member shall be a qualified

elector of that city, village, or township and shall file

nonpartisan nominating petitions bearing the signatures of a number

of registered and qualified electors of that city, village, or

township as follows:

     (i) For a city, village, or township having a population of

9,999 or less, not less than 6 or more than 20 signatures.

     (ii) For a city, village, or township having a population of

10,000 or more, not less than 40 or more than 100 signatures.

(f) (e) In lieu of the nominating petitions prescribed in

subdivision (d), (e), an individual may file with the clerk

conducting an election a $100.00 nonrefundable fee to have his or

her name placed on the ballot.

(g) (f) The Michigan election law, 1954 PA 116, MCL 168.1 to

168.992, shall govern governs the circulation and filing of

nonpartisan nominating petitions and the conduct of nonpartisan

elections under this section. A nonpartisan election conducted

under this section shall be held in conjunction with the city,

village, or township's next regularly scheduled primary or general

election.

     (5) A director Except as otherwise provided in this

subsection, a member shall hold office until a successor is elected

and qualified. The office of member becomes vacant when the

incumbent dies, resigns, is convicted of a felony, is removed from

office by the governor under section 10 of article V of the state

constitution of 1963, or, except as otherwise provided in this

subsection, ceases to be a qualified elector of the city, village,

or township in which he or she was appointed or elected. A member

who is serving a term on a library governing board on the effective

date of the amendatory act that added this sentence and who during

that term ceases to be a qualified elector of the city, village, or

township in which he or she was appointed or elected may serve the

remainder of the term, but may not seek another term on the library

governing board of that city, village, or township unless he or she

meets the requirements of subsection (4)(e).

     (6) A city or village library governing board shall fill a

vacancy in a directorship membership by appointment of a person an

individual to hold office until the next regular election at which

city or village officers are elected. A township library governing

board shall fill a vacancy in a membership by appointment of an

individual to hold office until the next general November election.

     (7) A provisional or permanent library governing board has the

powers prescribed in section 5.

     Sec. 14. (1) Upon receipt of a petition signed by not less

than 10% of the electors in any township based on the highest vote

cast at the last regular election for township officers of the

township, addressed to the township board, requesting that a

meeting be called of the electors in the township, to consider

making a contract with any township, city, or village supporting

and maintaining a free public circulating library and reading room

under this act, or under any special act, for the use of its

privileges by the residents of the township, the township board

shall call a meeting of the electors of the township by posting

notices a notice in at least 5 public places within the township

not less than 10 days before the meeting. The electors present at

the meeting shall determine whether the township shall enter into a

contract for the use of a free public circulating library and

reading room in any township, city, or village and the rate of

taxation to be levied for the purpose of paying for that use if the

electors decide to enter into such a contract. However, a tax so

levied shall not exceed 1 mill of the state equalized valuation of

the township. If a majority of those present and voting are in

favor of the township contracting for the use of a free public

circulating library and reading room maintained in any township,

city, or village, the township board may enter into a contract and

shall levy and collect the tax provided for in this subsection,

which tax when collected shall be placed in a fund to be known as

the "library fund". The money in the library fund shall be paid

over by the township treasurer to the treasurer of the township,

city, or village in which the library is located , on the first day

of January, February, and March of each year, to be disbursed

subject to the provisions of under section 5. This subsection is

not a limitation on the contractual power of a legislative body of

a city, village, or township under section 13.

     (2) Notwithstanding any contrary provision in a township,

city, or village charter, the library governing board of directors

a library of a township, city, or village supporting and

maintaining a free public circulating library and reading room

under this act, or under any special act, may enter into a contract

with another township, city, or village to permit provide the

residents of that other township, city, or village with the full

use of the library and reading room, upon terms and conditions to

be agreed upon between the library governing board of directors the

library and the legislative body of the other township, city, or

village. A contract entered into pursuant to under this subsection

shall be executed for a term of 3 years, shall be automatically

extended for an indefinite term after the initial 3-year period,

and shall be terminable by either party only on the giving of upon

6 months' notice of the intent to terminate the contract.

     Sec. 15. (1) In a county which that does not have a county

library established under Act No. 138 of the Public Acts of 1917,

being sections 397.301 to 397.305 of the Michigan Compiled Laws,

1917 PA 138, MCL 397.301 to 397.305, or counties in which the

population exceeds 1,000,000, a contract for use of library

services under section 13 may provide for joint representation on

the library governing board. of directors. A joint library

governing board shall not have more than 9 directors.members.

     (2) A contract for use of library services that provides for

joint representation may provide that a director member serving on

a library governing board on the day before the establishment of a

joint library governing board shall become a director member of the

joint library governing board and shall serve out the balance of

his or her unexpired term.

     (3) A contract for the use of library services shall specify

all of the following:

     (a) Whether those directors members added to an existing

library governing board to create a joint library governing board

are elected or appointed.

     (b) The method of election or appointment of those directors

members added to an existing library governing board to create a

joint library governing board.

     (c) Lengths of terms of office of those directors members

added to an existing library governing board to create a joint

library governing board. The terms of the added directors members

shall be staggered. If a contract establishing a joint library

governing board is terminated, the terms of all added directors

shall members end on the date of termination.

     (d) The method of removal of, and the causes upon which

removal may be based for, a director member added to an existing

library governing board to create a joint library governing board.

     (e) The method of filling a vacancy in the office of a

director member added to an existing library governing board to

create a joint library governing board. A vacancy shall be filled

for the balance of the unexpired term.

     (f) Any other provision which that is considered necessary or

advisable.

     (4) Selection, length of terms, manner of filling vacancies,

and removal of the directors members of the existing library

governing board who become directors members on the joint library

governing board shall continue to be are governed by state law or

by the township, city, or village charter.

     (5) If a contract for use of library services that provides

for joint representation does not provide that directors members on

the existing governing board become directors members on the joint

library governing board, the offices of the directors members of

the existing governing board shall be vacated on the date the joint

governing board assumes jurisdiction and the contract shall include

those the provisions required by subsection (3), which shall apply

to the entire joint library governing board.

     (6) A joint library governing board established under this

section has the same powers and duties as a city library governing

board of a library under sections 5 to 7.

     Sec. 16. After fulfilling the contractual requirements, the

people of a township, village, or city which that has contracted

for library services with another township, village, or city shall

have all rights in the use and benefits of the library that they

would have if they lived in the township, village, or city where

the library is established, subject to uniform rules and

regulations established by the governing board. of library

directors.