HOUSE BILL No. 4943


     June 13, 2001, Introduced by Reps. Middaugh and Stewart and referred to the Committee on Commerce.


        A bill to amend 1977 PA 89, entitled

   "State aid to public libraries act,"

   by amending the title and sections 2, 3, 6, 9, 11, 12, 14, 15,

   16, 17, 18, 19, 20, 22, and 23 (MCL 397.552, 397.553, 397.556,

   397.559, 397.561, 397.562, 397.564, 397.565, 397.566, 397.567,

   397.568, 397.569, 397.570, 397.572, and 397.573), the title and

   sections 2 and 15 as amended by 1982 PA 541 and section 11 as

   amended by 1984 PA 432.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                    TITLE

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           An act to provide for the establishment of cooperative

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      libraries; to prescribe the powers and duties of the  legislative

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      council  DEPARTMENT OF HISTORY, ARTS, AND CULTURE; to provide

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      state aid for public libraries participating in cooperative

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      libraries; to prescribe the powers and duties of cooperative


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      library boards; to provide an appropriation; and to repeal

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       certain  acts and parts of acts.

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           Sec. 2.  As used in this act:

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           (A) "DEPARTMENT" MEANS THE DEPARTMENT OF HISTORY, ARTS, AND

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      CULTURE.

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           (B)  (a)  "Local board" means the board of trustees or

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      directors that has  ,  as its primary purpose  ,  the
   supervision

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      of a local public library, or that board contracting for library

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      service, or, if such a board does not exist, the legislative body

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      of the local government  which  THAT maintains the public

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      library.

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           (C)  (b)  "Local support" means funds from tax sources,

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      gifts, endowments, penal fines, or other funds received from

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      local sources, excluding state and federal aid as stated in this

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      act.

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           (D)  (c)  "Public library" means a library  which  THAT
   is

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      lawfully established for free public purposes by 1 or more coun-

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      ties, cities, townships, villages, school districts, or other

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      local governments or a combination thereof, or by a public or

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      local act, the entire interests of which belong to the general

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      public.   It  PUBLIC LIBRARY does not include a special library

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      such as a professional, technical, or school library.

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           (E)  (d)  "Cooperative board" means the governing board of

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       the  A cooperative library.

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           (F)  (e)  "Cooperative library" means the library or service

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      center designated by  the  A cooperative board to execute





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      services established by  the  A cooperative plan and provided to

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      libraries participating in  the  A cooperative.

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            (f) "State board" means the legislative council.

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           Sec. 3.  Cooperative  library  boards representing local

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      public libraries shall be established in accordance with this act

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      and approved by the  state board  DEPARTMENT.  The number of

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      cooperative boards shall be determined by the  state board

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      DEPARTMENT in accordance with section 6.

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           Sec. 6.  A cooperative library shall include those areas

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      consisting of:

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           (a) Two or more counties with a total population of at least

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      100,000.

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           (b) One county plus portions of other counties with a popu-

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      lation of at least 100,000.

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           (c) One county or portion thereof with a population of at

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      least 400,000.

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           (d) Portions of 2 or more counties with a population of at

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      least 350,000.

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           (e) Combinations of counties or portions of counties serving

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      a population of at least 50,000, if the region served has a popu-

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      lation of 35 or  less  FEWER PERSONS per square mile.

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           (f) The area covered by a cooperative library shall recog-

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      nize the geosocioeconomic conditions within that area and regions

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      established for governmental purposes throughout the state.  A

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      local board placed in a cooperative library shall have the option

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      to petition the  state board  DEPARTMENT to be placed in a

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      different cooperative library or to join with other local boards



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      to form a cooperative library under this act.  A local board

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      serving an area adjoining more than 1 cooperative library shall

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      have the option to determine the cooperative library in which it

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       shall participate  PARTICIPATES.

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           (g) The system board of an existing library system serving

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      over 1,000,000 population may petition the  state board

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      DEPARTMENT for designation as a cooperative board, and the  state

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      board  DEPARTMENT shall designate that system board, as already

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      constituted, as the cooperative board.  If a cooperative board is

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      a county library board, the cooperative plan shall provide for

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      expanding the cooperative board to represent proportionately the

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      population served in any other county or counties within the area

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      of the cooperative library.  This expanded cooperative board

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      shall have authority over those matters affecting the operation

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      of the cooperative library except for the property, personnel,

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      and governmental relationships of the county whose board was des-

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      ignated as the cooperative board, which matters shall continue to

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      be the responsibility of that county library board.  The  state

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      board  DEPARTMENT shall include in the cooperative library serv-

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      ing over 1,000,000 population the communities presently served by

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      the existing system and all other communities not in another

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      cooperative library within counties represented by members on the

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      expanded cooperative board other than the designated system board

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      members.

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           Sec. 9.  Following establishment of  the  A cooperative

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       library  board, the COOPERATIVE board shall submit to the  state

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      board  DEPARTMENT a plan  which  THAT designates and describes



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      the responsibilities of the cooperative library, provides for

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      future selection of COOPERATIVE board membership, and gives

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      notice of the cooperative board's meeting dates.  The original

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      plan and any substantial modification shall be approved by the

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       state board  DEPARTMENT.   It is expressly understood the  A

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      cooperative  library  board has no jurisdiction over the property

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      or management of  the  A local library.

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           Sec. 11.  Following establishment of  the  A cooperative

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       library  board, residents of the cooperative library's area are

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      eligible to use the facilities and resources of the member

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      libraries subject to the rules of the cooperative library plan.

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      Services of the cooperative library, including those of partici-

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      pating libraries, are to be available at reasonable times and on

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      an equal basis within the areas served to  school children

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      SCHOOLCHILDREN, individuals in public and nonpublic institutions

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      of learning, and a student or resident within the area.  An

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      applicant refused service may appeal to the  state board

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      DEPARTMENT, which shall review the operation of the cooperative

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      library and may withhold state aid funds until the services are

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      granted.

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           Sec. 12.  Once a cooperative plan has been accepted by the

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       state board,  DEPARTMENT and a cooperative  library  board
   HAS

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      BEEN established,  the board of a local library  A LOCAL BOARD

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      shall adopt a resolution requesting THAT the local library become

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      a participating library in the cooperative library.  Duplicate

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      copies of the resolution, certified by the clerk of the local

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      board, shall be filed with the cooperative board.  The



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      cooperative board shall accept or show reason for denial of the

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      request for membership within 60 days after filing.  When the

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      cooperative board has accepted the resolution, the resolution and

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      the acceptance shall be indorsed and a copy filed with the  state

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      board  DEPARTMENT.  The participating library has the same

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      rights, duties, and privileges as other libraries participating

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      in that cooperative library.

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           Sec. 14.   The  A cooperative board shall provide, directly

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      or through a written contract, services to member libraries

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      within the cooperative library's area.  The services, subject to

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      standards approved by the  state board  DEPARTMENT, may include:

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           (a) A central pool or rotating book collection.

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           (b) In-service training.

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           (c) Book selection aids.

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           (d) Bibliographic services.

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           (e) Audio-visual services.

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           (f) Bookmobile service or other outlets to outlying areas.

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           (g) Publicity and public relations.

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           (h) Printing.

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           (i) A centralized purchasing operation.

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           (j) Centralized processing, including cataloging and

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      marking.

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           (k) Reference services.

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           (l) Delivery service.

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           Sec. 15.  When the state aid grant is insufficient to pro-

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      vide all services, the member libraries may be required to pay

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      for services in a priority order to be specified in the



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      cooperative plan.  Cooperative library headquarters shall be

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      linked to the library of Michigan and may be required upon ade-

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      quate funding to provide other services considered essential to

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      good public library service  ,  and so designated by the  state

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      board  DEPARTMENT.

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           Sec. 16.  (1) A public library shall receive 35 cents per

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      capita from state aid during the fiscal year 1977-78 if in the

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      prior year the PUBLIC library received local support equal to

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      that required by this act.

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           (2) A public library shall receive 50 cents per capita from

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      state aid during the fiscal year 1978-79 if in the prior year the

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      PUBLIC library received local support equal to that required by

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      this act, the library has not reduced its local support by an

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      amount equal to  ,  or larger than  ,  the state aid from the

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      previous year without the approval of the  state board

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      DEPARTMENT, and the library meets the minimum standards estab-

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      lished by the  state board  DEPARTMENT and this act.

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           (3) A public library belonging to a cooperative library

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      shall receive from state aid for the fiscal year 1977-78 an addi-

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      tional 15 cents per capita, all or a part of which must be used

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      to pay for cooperative services from the cooperative board as

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      provided by section 15 and the cooperative plan.

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           (4) A public library belonging to a cooperative library

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      shall receive from state aid each year after fiscal year 1977-78

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      an additional 50 cents per capita, all or part of which shall be

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      used to pay for cooperative services from the cooperative board

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      as provided by section 15 and the cooperative plan.  When the



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      cost of the cooperative library services has been paid, any

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      remaining portion of the grant may be applied to local services

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      under subsection (2).  Each public library cooperative  which

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      THAT qualifies under this act during fiscal year 1977-78 and fol-

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      lowing years shall receive an amount of $10.00 per square mile

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      for the area  which  THAT it serves if the area served has 
   less

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      FEWER than 75 people per square mile.

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           (5) A public library  which  THAT is a county library serv-

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      ing a population of 50,000 or  less which  FEWER THAT appoints to

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      the office of head librarian a person with either a bachelor of

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      arts or a bachelor of science degree from a college or university

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      approved by an accrediting association of more than statewide

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      standing, including or supplemented by 1 full year of training in

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      a library school accredited by the American library association

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      and with at least 4 years' experience in an administrative capac-

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      ity in an approved library, shall be reimbursed for that portion

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      of the salary not exceeding $400.00 for any 1 month or $4,800.00

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      in any 1 year, if the county library received during the last

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      completed fiscal year before the year in which distribution is to

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      be made, from the county or counties not less than $3,600.00

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      exclusive of money received from federal or state grants in aid

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      to the library.  Wage increases to present employees shall be

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      paid equally by the state and local governments.  Before

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      September 6, December 6, March 6, and June 6 of the year of dis-

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      tribution, the county library board or the board's authorized

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      agent shall certify to the  state board  DEPARTMENT the actual





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      amount of the salary paid the head librarian during the 3-month

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      period immediately preceding those months.

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           Sec. 17.  A cooperative library and public library shall

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      conform to certification requirements for personnel as estab-

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      lished by the  state board  DEPARTMENT in order to qualify for

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      state aid.

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           Sec. 18.  A cooperative library and public library desiring

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      to participate in state aid shall apply before February 1 of each

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      year of distribution.  The applicant shall certify to the  state

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      board  DEPARTMENT the amount of money received from each source

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      during the last completed fiscal year before October 1 of the

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      year of distribution.

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           Sec. 19.  The  state board  DEPARTMENT shall prepare a

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      statement of the amount to be distributed in accordance with this

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      act.  Vouchers for disbursement of state aid shall be signed by

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      an authorized agent of the  board  DEPARTMENT and delivered to

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      the department of management and budget, which shall draw up war-

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      rants on the department of treasury in favor of the fiscal agent

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      of the cooperative BOARD or local board.  State aid shall be dis-

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      tributed by September 30 of the year of distribution.

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           Sec. 20.  A cooperative library or public library receiving

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      state aid shall deposit the money in a separate fund.

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      Expenditures from that fund are subject to review by the  state

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      board  DEPARTMENT or its authorized representative.

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           Sec. 22.  When there is a dispute concerning the cooperative

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      library to which a public library shall belong, services rendered

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      to member libraries, or the operations of a cooperative system



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      which cannot be resolved on the local level, the  state board

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      DEPARTMENT may hear the case.  The decision of the  state board

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      shall be  DEPARTMENT IS final.

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           Sec. 23.  The  state board  DEPARTMENT shall consider the

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      following needs in carrying out its powers and duties:

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           (a) Library facilities shall be provided to residents of the

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      area covered by a cooperative library without needless duplica-

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      tion of facilities, resources, or expertise.

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           (b) Establishment of a local PUBLIC library may be approved

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      for state aid purposes where local conditions require an addi-

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      tional local PUBLIC library.

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           (c) Existing PUBLIC libraries and new PUBLIC libraries shall

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      cooperate to provide adequate library services at a reasonable

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      cost.

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           (d) Increased effort shall be made to provide residents the

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      right to read, with added emphasis on areas which normally cannot

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      provide those services.

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           (e) Local responsibility, initiative, and support for

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      library service shall be recognized and respected when provision

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      is made for adequate local and cooperative library service.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. _____ or House Bill No. 4941

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      (request no. 02873'01) of the 91st Legislature is enacted into

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      law.









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