February 26, 2013, Introduced by Reps. Howrylak, Kelly, McMillin and Shirkey and referred to the Committee on Elections and Ethics.
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 10 and 10a (MCL 397.210 and 397.210a), as
amended by 1994 PA 81.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
10. (1) Fifty Two and
one-half percent of the registered
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 board of
directors
elected and qualified as provided
in section 11, that the
board of directors, on or before the first Monday of September in
each
year , if the
free public library is established by a township
,
and on or before the second Monday
in April , if the
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 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 tax shall be so assessed and
collected. The corporate authorities of the villages or townships
may exercise the same powers conferred upon the corporate
authorities of cities 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 Two and
one-half percent of the registered
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".library
fund.
(3)
If the a free public library is established under this
section, and a board of directors 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 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
board of directors shall report the estimate to the legislative
body of the city. The legislative body shall cause to be raised 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.