Bill Text: MI HB5868 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Libraries; district; continuation of district library; provide for in the case of disincorporation, annexation, consolidation, or merger of 2 or more participating municipalities, and provide for transfer of certain portions of district library districts. Amends sec. 3 of 1989 PA 24 (MCL 397.173) & adds secs. 3c & 3d.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-12-31 - Assigned Pa 570'14 With Immediate Effect 2014 Addenda [HB5868 Detail]
Download: Michigan-2013-HB5868-Engrossed.html
HB-5868, As Passed House, December 4, 2014
HOUSE BILL No. 5868
September 30, 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 3 (MCL 397.173), as amended by 2005 PA 60, and
by adding sections 3c and 3d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Except as otherwise provided under subsection
(13),
(12), 2 or more municipalities, except 2 or more school
districts that hold their regularly scheduled elections on
different dates, authorized by law to establish and maintain a
library or library services may jointly establish a district
library if each of the following requirements is satisfied:
(a) If the proposed district contains a public library, other
than a district library established under this act, and that public
library is recognized by the department as lawfully established for
purposes of the distribution of state aid and penal fines, the
governing board of the public library approves the establishment of
the district library.
(b) The legislative body of each municipality identified in
the agreement described in section 4 adopts a resolution providing
for
the establishment of a district library and approving a
district
library an agreement.
(c) The proposed district library district does not overlap
any portion of another district library district.
(2) A participating municipality may provide in the resolution
required by subsection (1) that only a portion of its territory is
included in the district library district. Except as provided in
subsection (3), the portion of a participating municipality
included in a district library district shall be bounded by county,
township, city, village, or school district boundaries.
(3) A city, village, or township may exclude from a district
library district only that portion of the municipality's territory
located within the boundaries of a public library that is all of
the following:
(a) Recognized by the department as lawfully established for
the purposes of the distribution of state aid and penal fines.
(b) Established under this act or any of the following acts:
(i) 1877 PA 164, MCL 397.201 to 397.217.
(ii) The revised school code, 1976 PA 451, MCL 380.1 to
380.1852.
(iii) 1917 PA 138, MCL 397.301 to 397.305.
(4)
On or before October 1, 1998, the boards of district
libraries
having common jurisdiction over parcels of taxable
property
shall file with the state librarian copies of resolutions
adopted
by each, together with a copy of a map described in
subsection
(5), certifying the exclusion of territory from one or
the
other of the district library districts. The resolution and the
map
shall demonstrate that no parcels of taxable property remain
within
more than 1 district library district and shall additionally
demonstrate
that the remaining district library districts are each
composed
of a contiguous whole. If the boards of district library
districts
having common jurisdiction over parcels of taxable
property
have not filed such resolutions and maps with the state
librarian
by October 1, 1998, the department shall approve a change
in
the boundaries of those district libraries, eliminating the
overlapped
territory. The department shall obtain a statement
identifying
the parcels that are located in the overlapping
territory
from the treasurer of each county within which the
district
library district is located and a statement of the date on
which
such parcels were first included within the territory of a
district
library district established in accordance with this act.
The
department shall direct the district library board to ensure
that
any parcel that was originally located within the boundaries
of
a district library district remain in that original district
library
district and be excluded from the territories of the other
district
library districts in which it is located.
(4) (5)
Participating municipalities that
propose to establish
a district library shall file with the state librarian both of the
following:
(a) A copy of an agreement described in section 4 that
identifies the proposed library district.
(b) A copy of a map or drawing that is no smaller than 8-1/2
by 11 inches or larger than 14 by 18 inches and clearly shows the
territory proposed to be included in the district library district.
The map shall unambiguously show the relationship of the proposed
district library district to the adjacent and constituent units of
government, which include counties, cities, villages, townships,
school districts, and district libraries.
(5) (6)
The state librarian shall review
the agreement
described
in section 4 and the map described in subsection (5)(b)
(4)(b) and approve or disapprove of the proposed district library
district in accordance with section 5. The participating
municipalities shall cooperate with the state librarian to correct
any errors or changes in the agreement or map that the state
librarian considers necessary to comply with this act.
(6) (7)
Upon receiving notice of the state
librarian's
approval
of an agreement described in section 4, upon receiving
notice
of a directive from the department in accordance with
subsection
(4), or upon expiration of the
10-day period described
in
subsection (11), (10), the secretary of the board of the
affected district library shall submit to the county treasurer of
each county in which the district library district is located and
to the treasurer of each municipality in which the district library
district is located a copy of all of the following:
(a) The state librarian's written statement of approval for
the
district library issued in accordance with section 5. or
the
department's
directive received in accordance with subsection (4).
(b) The map or drawing of the district library's territory
described
in subsection (5)(b).(4)(b).
(c) If the district library includes only a portion of a
municipality, the tax identification number of each parcel of
property within that municipality which is included in the district
library district.
(7) (8)
Once an agreement is approved by
the state librarian,
the agreement and boundaries of a district library established
under this act may be amended to do only the following:
(a) Provide for the withdrawal of a participating municipality
in accordance with section 24.
(b) Add a participating municipality in accordance with
section 25.
(c) Provide for the disincorporation, annexation,
consolidation, or merger of a participating municipality in
accordance with sections 3c and 3d.
(d) (c)
Provide for the merging of 2 or
more district
libraries.
(e) (d)
Eliminate certain territory in
accordance with
subsection
(10).(9).
(8) (9)
For any amendment described in
subsection (8), (7),
the secretary of the board of the district library shall file with
each of the following a copy of the map or drawing of the amended
boundaries approved by the participating municipalities:
(a) The county treasurer of each county in which the district
library is situated.
(b) The department.
(9) (10)
A district library recognized by
the legislative
council before December 29, 1997 may amend its boundaries to
eliminate territory located within the legal boundaries of a public
library or another district library district, if that public
library or other district library is recognized by the department
as lawfully established for the purposes of the distribution of
state aid and penal fines. The procedures for amending an agreement
under section 5 do not apply to a boundary amendment described in
this subsection. A district library that amends its boundaries
under this subsection shall meet all of the following requirements:
(a) The board of the district library adopts a resolution
designating the territory to be excluded from its boundaries.
(b) The proposed amended boundaries exclude only that
territory which is within the legal boundaries of a public library
established under this act or any of the following acts and
recognized by the department as lawfully established for the
purposes of the distribution of state aid and penal fines:
(i) 1877 PA 164, MCL 397.201 to 397.217.
(ii) The revised school code, 1976 PA 451, MCL 380.1 to
380.1852.
(iii) 1917 PA 138, MCL 397.301 to 397.305.
(c) The district library files with the state librarian a copy
of the resolution of the board described in subdivision (a)
together with a map or drawing that complies with the requirements
of
subsection (5)(b).(4)(b).
(10) (11)
If a district library complies with
subsection (4)
or
(10) (9) and the state librarian does not disapprove the
amended
boundaries within 10 business days after receiving the map or
drawing
described in subsection (10)(c), (9)(c), the boundaries are
amended.
(11) (12)
The territory that has been
excluded from any
district
library district under subsection (4) or (10) (9) shall
remain a part of the district library district from which it has
been excluded for the purpose of levying debt retirement taxes for
bonded indebtedness of the district library district that exists on
December 29, 1997. The territory shall remain a part of that
district library district until the bonds are redeemed or
sufficient funds are available in the debt retirement fund of the
district library for that purpose.
(12) (13)
Except for a school district and
with the approval
of the state librarian, a single municipality may establish a
district library under this section if each of the following
requirements is satisfied:
(a) The municipality has made an assertive effort over a
period of time of not less than 3 consecutive years to form a
district library with 1 or more other municipalities.
(b) The municipality has submitted to and received the state
librarian's approval of a plan of service.
(c) The municipality has a population of 4,500 or more.
(d) The municipality is otherwise qualified and meets the
requirements of a district library under this act.
(e) Any other requirements considered necessary by the state
librarian to ensure that a district library created under this
section complies with the intent of this act.
Sec. 3c. If 2 or more participating municipalities establish a
district library under this act and 1 or more of those
participating municipalities is subsequently disincorporated,
annexed, consolidated, or merged, or if all participating
municipalities are consolidated or merged into 1 municipality, the
disincorporation, annexation, consolidation, or merger does not
affect the validity of the district library, and all of the
following apply:
(a) The district library shall continue to be recognized for
all purposes as a lawfully established district library that may
continue to exercise all powers, duties, functions, and
responsibilities, including the levy of taxes authorized by the
electors of the district, as provided in the agreement, this act,
and any other applicable law.
(b) If 2 or more participating municipalities remain in the
district library, those municipalities shall amend the agreement to
reflect the disincorporation, annexation, consolidation, or merger.
If only 1 participating municipality remains in the district
library after the disincorporation, annexation, consolidation, or
merger, or if all participating municipalities are merged or
consolidated into 1 municipality, that municipality shall assume
the powers, duties, functions, and responsibilities of the former
participating municipality or municipalities without amendment of
the agreement.
(c) The terms of the district library board members shall
continue as provided in the agreement and this act, except that if
the district library board members are appointed, the legislative
body of a single remaining participating municipality or a
consolidated or merged municipality shall appoint district library
board members as the terms of district library board members
expire.
Sec. 3d. (1) Two district libraries may amend a contiguous
boundary by transferring a portion of 1 district library to the
other district library if all of the following requirements are
satisfied:
(a) The transfer area is bounded by county, township, city,
village, or school district boundaries.
(b) The governing board of each district library adopts a
resolution approving the transfer by majority vote of the members
appointed and serving.
(c) By resolution within the time period specified in a
resolution described in subdivision (b), the governing board of
each participating municipality for both district libraries
approves the transfer by majority vote of the members appointed and
serving.
(d) Both agreements are amended to reflect the transfer. The
amendments to the agreements shall include, but are not limited to,
all of the following:
(i) Changes in board representation.
(ii) The money necessary from each participating municipality
for the establishment and operation of the district libraries.
(iii) A revised legal description of the district.
(iv) A map that clearly shows the revised service area of each
new district library.
(e) Each district library shall submit the resolutions
described in subdivisions (b) and (c) and the amendments to the
agreement described in subdivision (d) to the state librarian.
(2) If a districtwide library tax is being levied in the
district library district receiving the transfer area, the board of
that district library shall condition acceptance of the transfer
area on the approval of the tax by a majority of the electors
residing in the transfer area. Failure of a majority of the
electors residing in the transfer area to approve the tax does not
affect the validity of the continued levy of any previously
authorized millage by the district library transferring the
transfer area. A tax levied by the district library transferring
the transfer area will be extinguished in the transfer area upon
approval by a majority of the electors residing in the transfer
area.
(3) If a districtwide library tax is not being levied by the
district library receiving the transfer area at the time of the
transfer, but a districtwide library tax is being levied by the
district library transferring the transfer area, the districtwide
tax of the district library transferring the transfer area is
extinguished in the transfer area only upon approval of the
transfer by the state librarian.
(4) As used in this section, "transfer area" means the portion
of the district library district to be transferred.
