December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1989 PA 24, entitled
"The district library establishment act,"
by amending section 24 (MCL 397.194), as amended by 2005 PA 60.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 all of the following requirements 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 Before January 1,
2015, 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. Beginning January 1, 2015, notice of an
election on the resolution shall be published using tier B public
notice as provided in the local government public notice act not
less than 14 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 school 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 school 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
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.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.