Act No. 62

Public Acts of 2001

Approved by the Governor

July 23, 2001

Filed with the Secretary of State

July 24, 2001

EFFECTIVE DATE: October 1, 2001

STATE OF MICHIGAN

91ST LEGISLATURE

REGULAR SESSION OF 2001

Introduced by Reps. George, Voorhees and Tabor

ENROLLED HOUSE BILL No. 4940

AN ACT to amend 1982 PA 540, entitled "An act to create the library of Michigan; to create a board of trustees for the library; to establish the qualifications of the state librarian; to provide the powers and duties of the board of trustees, the legislative council, the council administrator, the director of the legislative service bureau, the state librarian, and certain state officials and agencies; and to repeal acts and parts of acts," by amending the title and sections 2, 3, 4, 5, 6, 7, 10, and 11 (MCL 397.12, 397.13, 397.14, 397.15, 397.16, 397.17, 397.20, and 397.21), the title and sections 2, 4, and 6 as amended by 1995 PA 190 and sections 3, 5, 7, and 10 as amended by 1983 PA 114, and by adding sections 10a and 12.

The People of the State of Michigan enact:

TITLE

An act to create the library of Michigan; to create a board of trustees for the library; to establish the qualifications of the state librarian; to provide the powers and duties of the board of trustees, the department of history, arts, and libraries, the state librarian, and certain state officials and agencies; and to repeal acts and parts of acts.

Sec. 2. As used in this act:

(a) "Board" means the board of trustees of the library created in section 4.

(b) "Department" means the department of history, arts, and libraries.

(c) "Library" means the library of Michigan.

(d) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Sec. 3. The library of Michigan is created within the department.

Sec. 4. (1) A board of trustees of the library is created within the department. The board shall make recommendations to the department on the following matters:

(a) The services the library shall provide.

(b) The manner in which the services shall be provided.

(c) Other matters of general policy concerning the library.

(d) The budget for the library.

(e) Proposed rules governing operations of the library.

(2) The board shall meet not less than 3 times per year, including a meeting to be held in January of each year. The board shall meet also at the call of the chairperson of the board.

(3) The board shall consist of the following:

(a) One member appointed by the speaker of the house of representatives.

(b) One member appointed by the house of representatives minority leader.

(c) One member appointed by the senate majority leader.

(d) One member appointed by the senate minority leader.

(e) The director of the department or his or her designee.

(f) A representative of the Michigan library association, appointed by the governor from a list of 3 persons nominated by the Michigan library association.

(g) Two members of the general public who represent users of the state library, appointed by the governor.

(h) One member who is a librarian from a college or university library, appointed by the governor.

(i) One member who is a librarian from a public or private K to 12 system, appointed by the governor.

(j) One member who is a librarian from a public library, appointed by the governor.

(k) One member who is a librarian from a special library, appointed by the governor.

(l) The chief justice of the supreme court or his or her designee.

(4) A member of the board appointed under subsection (3)(a) to (d) shall hold office for a term of 2 years to coincide with the term of office of state representative. Members appointed to the board by the governor under subsection (3) shall hold office for a term of 3 years except that of the members first appointed, 3 shall be appointed for 3 years, 2 for 2 years, and 2 for 1 year.

(5) The board shall prescribe rules for its own procedure. Annually, the board shall elect from its membership a chairperson and vice-chairperson. Members shall serve without compensation but shall be entitled to reasonable and necessary expenses incurred in the discharge of their duties.

(6) The state librarian shall serve as secretary of the board.

Sec. 5. The governor, in consultation with the board and with the advice and consent of the senate, shall appoint a state librarian who shall serve at the pleasure of the governor.

Sec. 6. (1) The state librarian shall have care and charge of the library and the administrative functions of the library. The director of the department and the state librarian shall coordinate the activities of the library with the department.

(2) The state librarian shall be a graduate with a master's degree in library science and shall have not less than 4 years' experience in library work in an administrative capacity. Each assistant state librarian shall be a graduate with a master's degree in library science.

Sec. 7. (1) The department, after consultation with the board, may permit the state librarian to employ other administrative and general assistants and employees as are necessary for the care and management of the library, including the law library branch of the library. Employment shall be offered first to those persons who are employed by the state library on March 30, 1983. No library employee shall convert for personal or partisan use, unrelated to library business, any supplies, services, facilities or staff provided by the state. Nor may a library employee be required to work during paid or unpaid time to affect the result of an election.

(2) Subject to subsection (3), employees of the library on the effective date of the amendatory act that added this subsection shall be transferred to the department in accordance with the department of civil service rules and shall be assumed into the classified service.

(3) The transfer of employees under subsection (2) shall not include 9 employees from the Michigan library and historical center operations and 3 employees from the library's computer website staff operations. Employees who are not transferred under this subsection shall remain employees of the legislative council.

Sec. 10. (1) The library shall maintain a complete collection of the public documents deposited under section 9 as a permanent reference file. The library is charged primarily with providing reference services to the legislative branch of state government and, in addition, shall provide those services to the executive and judicial branches of state government and the general public. The law library branch is charged primarily with providing reference services to the legislative, executive, and judicial branches of state government. Upon request of a member of the legislature, the library shall provide in a timely manner to that individual copies of any information, documents, or other data, including the Michigan compiled laws, that are generated or produced by the legislature or legislative council agencies and all other information, documents, or other data that are in the possession of the library.

(2) The library shall deposit copies of each public document deposited under section 9 in each designated depository library. The depository libraries shall be designated by the state librarian. The state librarian shall designate only those libraries which will keep the documents readily accessible for use and which will render assistance for the use of the documents without charge.

(3) The library also shall do all of the following:

(a) Send 1 copy of each public document deposited under section 9 to the library of congress.

(b) Prepare and issue quarterly, a complete list of public documents deposited under section 9 during the immediately preceding quarter. The lists shall be cumulated and printed at the end of each calender year. A copy shall be distributed by the library to state departments, legislators, and to public and college libraries within the state.

(c) Establish a document exchange system with agencies in other states to make available selected documents published by other states for use by the people of this state.

(d) Exchange the judicial decisions, statutes, journals, legislative and executive documents of this state, and other books placed in the care of the library for the purpose of exchange with the libraries of other states, the government of the United States, foreign countries, and societies and institutions.

(e) Sell or exchange duplicate volumes or sets of works not needed for use in the library and apply the proceeds to the purchase of other books for the library.

(f) Further, by all appropriate means, the development of effective, statewide school library services.

(g) Encourage contractual and cooperative arrangements between and among all kinds of libraries for the improvement of library services to the people of this state.

(h) Coordinate the library's library services with the library services of all kinds of libraries.

(i) Collect, preserve, and publish appropriate statistics on all kinds of libraries in the state.

(j) Conduct research and publish the results for the benefit of all kinds of libraries and the library services to the people of the state.

(k) Provide all services which the state library was authorized to provide immediately preceding March 30, 1983.

(l) Under the authority granted by law, promote and advance library science in this state.

(m) Seek grants to extend or enhance library services.

(4) The legislative council shall maintain a website containing information, documents, and other data generated by the legislature or legislative council agencies. On the effective date of the amendatory act that added this subsection, the library shall do both of the following:

(a) Transfer ownership of all computer hardware and software directly or indirectly associated with the Michiganlegislature.org website to the legislative council.

(b) Transfer ownership of the internet domain name "Michiganlegislature.org" to the legislative council.

(5) Upon request of the legislative council, the library shall provide to the legislative council copies of any information, documents, or other data, including the Michigan compiled laws database, generated or produced by the legislature or legislative council agencies that will assist the legislative council in carrying out its responsibilities under subsection (4).

(6) On October 1, 2001, money appropriated for the fiscal year ending September 30, 2002, necessary for the operation of the Michiganlegislature.org website and to fund the positions that are retained by the legislative council in section 7(3) shall be transferred to the legislative council.

Sec. 10a. The department, in consultation with the board, may promulgate rules related to the operations of the library.

Sec. 11. The state librarian shall report annually to the governor and to the legislature on the operations of the library and on the progress made in automating the operations of the library.

Sec. 12. Except for the money transferred in section 7 subsection (6), the appropriation for the fiscal year ending September 30, 2002 in Senate Bill No. 234 of the 91st Legislature to the library of Michigan is hereby transferred to the department of history, arts, and libraries for the fiscal year ending September 30, 2002, and shall be under the administrative control of the department of history, arts, and libraries subject to all the provisions of Senate Bill No. 234.

Enacting section 1. This amendatory act takes effect October 1, 2001.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.