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Library Law Update James C. Seidl and Suzanne Dees Chairs.

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Presentation on theme: "Library Law Update James C. Seidl and Suzanne Dees Chairs."— Presentation transcript:

1 Library Law Update http://milibrarylaw.org James C. Seidl and Suzanne Dees Chairs

2 History October 2009 Cooperative Directors voted to form a Library Law rewrite Committee Anne Seurynck from FosterSwift agreed to lead the project pro bono Committees to include cooperative directors, library directors, Trustees, and Anne Seurynck

3 Committee Members Bob Barringer Denise Hooks Jim Pletz Lance Werner Anne Seurynck Maureen Derenzy Roger Mendel Michael Tyler Bryon Sitler Jim Seidl Suzanne Dees Cindy Lou Pouquette Dale Parus Deborah Jones Erin Schmandt Pam Meyers Shirley Roos

4 Goals Review PA 164 of 1877 City Village Township Libraries Develop a draft that would be used to start a statewide discussion: – Amend library laws to reflect necessary changes in Michigan laws and terminology – To clarify ambiguous language – To clarify library board’s authority and its relationships with local units of government

5 City Village Township Created committee to include directors from all three types of libraries. (Jun 2010) Used conference calls to develop a draft for city village & township librarians to review. (Jul –Oct) Hold meeting at various Cooperative’s around the state to review proposed draft due to number of libraries 188 Review findings and submit revised drafts until libraries are agreement

6 City Village Township Updated terms and language Defined Board appointments & vacancies Reimbursement of board member expenses Defined Library Board duties and powers Updated ballot requirements Strengthen library fund language Updated millage limits to reflect the 21 st century

7 Future Steps Approval by the library community and MLA When the time is right to send the legislation to Lansing: – Inform affected local units of government of the proposed revisions – Seek legislative champions in the House and Senate to introduce the legislation – Monitor the legislation in Lansing

8 PA 164 of 1877 Deleted terms: reading room, circulation library and free Changed terms: Board of directors to Library board, voter to registered electors, notice to ballot proposal, adjacent to another, state equalized valuation to taxable value

9 City Libraries 397. 201 City may establish library by charter or ordinance Library board may ask voters for up to 3 mills in addition to 1 mill levied by city council Libraries monies collected will include penalties and interest 397.202 Libraries may increase the number of appointed board members up to 9. Appointed board members must be residents of the city.

10 397.202 Clarifies Board members qualifications, removal, number, & terms No city council member be on the library board Library board members may be reimbursed for necessary expenses (previously prohibited Library Board can fill a vacant board seat if city council does not act in 60 days. Process for filling vacant library seat (60 days city council 61-120 days library board) Clarifies library board is a body corporate

11 397.203 Clarifies Library board, powers duties Appointed library may ask voters for up to 3 mills for library support Government entities contracting for library service may levy a tax up to 4 mills with a vote of people 397.204 Removed detail list of dated requirements for the annual report to city council 397.205 Changed to include all types of materials lost through theft

12 Village or Township 397.206 Petition to levy tax for library and process to form library and millage Tightens the requirement for local government unit to respond to petition by presenting voters with ballot proposal in a timely manner Elected library board may ask voters for millage for support library up to 2 mills in perpetuity 397.207 Petition to establish city library. Voted millage under 2 mills Library determines amount of millage

13 397.208 No Change 397.209 Increasing library millage ballot election… Increases limit from 2 to 4 mills: 2 of 4 mills may be of no more than 20 years duration 397.210 Library fund; exclusive authority (local units of government can opt out of being the fiscal agency) Library can control the library fund or city, village, or township 397.211 Library board appointment elections Library board member seat becomes vacant

14 397.212 No change 397.213 Changed section numbering to reflect new section numbers from draft 307.214 Contract services increased millage from 2 to 4 mills 397.215 Changed township board may to shall enter into contract

15 397.216 Contract for use of library services only updated terms 397.217 No changes Joint municipal libraries


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