Bill Text: MI HB6436 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Libraries: district; public notice requirement in district library establishment act; revise to require notice as provided in the local government public notice act. Amends sec. 24 of 1989 PA 24 (MCL 397.194).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6436 Detail]
Download: Michigan-2019-HB6436-Introduced.html
HOUSE BILL NO. 6436
November 12, 2020, Introduced by Reps. Meerman
and Steven Johnson and referred to the Committee on Government Operations.
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 must be not less than 6 months after the next regularly scheduled election of the municipality.
(b) Notice Before January 1, 2022, 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, and, beginning January 1, 2022, not less than 14 days before the next regularly scheduled election of the municipality following adoption of the resolution, public notice of an election on the resolution is posted as provided in the local government public notice act.
(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 must 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 must 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 district library shall continue to provide library services to a municipality that withdraws from a the district library shall continue to receive library services from the district library for 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 must 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 must 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 Senate Bill No.____ or House Bill No. 6440(request no. 02449'19) of the 100th Legislature is enacted into law.
