SENATE BILL NO. 1142 May 19, 1998, Introduced by Senator JAYE and referred to the Committee on Local, Urban and State Affairs. 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," by amending sections 11 and 12 (MCL 397.211 and 397.212), section 11 as amended by 1988 PA 432 and section 12 as amended by 1982 PA 286. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11. (1) Immediately after a city, a village, or a 2 township has voted to establish a free public library, a library 3 board shall be established by the city, village, or township as 4 prescribed insubsectionsSUBSECTION (3).and (4).5 (2) If a city, village, or township has a free public 6 library which has not elected a library board, including a city 7 library and board of directors established under sections 1 to 04678'97 JJG 2 1 10, the city, village, or township shall establish a library 2 board as prescribed insubsectionsSUBSECTION (3).and (4).3(3) The legislative body of a city, village, or township4described in subsection (1) or (2) shall appoint a provisional5library board of 6 directors who shall hold office until the next6annual or biennial city or village election, or township elec-7tion, of a permanent library board.8 (3)(4)Apermanentlibrary board shall be established 9 for a city, village, or township described in subsection (1) or 10 (2) as follows: 11 (a) In a city or village holding an annual election, 6 12 directors shall be elected. The terms of 2 of the directors 13 shall be 1 year; the terms of 2 of the directors shall be 2 14 years; and the terms of 2 of the directors shall be 3 years. 15 Each year thereafter, 2 directors shall be elected for 3-year 16 terms. 17 (b) In a city or village that holds biennial elections, 6 18 directors shall be elected. The terms of 2 of the directors 19 shall be 2 years; the terms of 2 of the directors shall be 4 20 years; and the terms of 2 of the directors shall be 6 years. 21 Biennially thereafter, 2 directors shall be elected for 6-year 22 terms. 23 (c) In a township holding elections for township officers 24 every 4 years, 6 directors shall be elected for 4-year terms at 25 the primary and general elections in19841996 AND EVERY FOURTH 26 YEAR THEREAFTER. A term of office shall not be shortened by this 27 subdivision.A director scheduled by this section before04678'97 3 1March 31, 1981, to be elected at a time other than 1984 shall not2be elected on the date scheduled, but shall continue in office3until a successor takes office pursuant to the election of 1984.4 (d) The directors shall be nominated and elected on nonpar- 5 tisan ballots. A candidate for city, village, or township 6 library director shall file nonpartisan nominating petitions 7 bearing the signatures of a number of registered and qualified 8 electors of that city, village, or township equal to not less 9 than 1% of the total number of votes cast for the chief elected 10 officer of that city, village, or township in the last election 11 in which the officer was elected. The Michigan election law, 12Act No. 116 of the Public Acts of 1954, being sections 168.1 to13168.992 of the Michigan Compiled Laws1954 PA 116, MCL 168.1 TO 14 168.992, shall govern the circulation and filing of nonpartisan 15 nominating petitions and the conduct of nonpartisan elections 16 under this section. 17 (4)(5)A director shall hold office until a successor is 18 elected and qualified. 19 (5)(6)A library board shall fill a vacancy in a direc- 20 torship by appointment of a person to hold office until the next 21 election. 22 (6)(7)Aprovisional or permanentlibrary board has the 23 powers prescribed in section 5. 24 Sec. 12. Except as otherwise provided in section 10b, 25sectionsSECTION 10aand 11 doDOES not apply to a city, vil- 26 lage, or township maintaining a public library under a special 27 act or to a public library contained in the 1979 statement 04678'97 4 1 prepared by the state board for libraries pursuant to section 8 2 ofAct No. 59 of the Public Acts of 1964, being section 397.383of the Michigan Compiled Laws1964 PA 59, MCL 397.38. However, 4 an existing public library may, by petition, be organized under 5 section 10a regardless of the library's original organization. 04678'97 Final page. JJG