HOUSE BILL No. 5993

 

December 2, 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 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 be not less than 6 months after the next regularly scheduled

 

election of the municipality.

 

     (b) Notice Before January 1, 2015, 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. Beginning January 1, 2015, notice of an

 

election on the resolution shall be published using tier B public

 

notice as provided in the local government public notice act not

 

less than 14 days before the next regularly scheduled election of

 

the municipality following adoption of the resolution.

 

     (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 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 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 municipality that withdraws

 

from a district library shall continue to receive library services

 

from the district library 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 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 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 House Bill No. 5560 of the 97th Legislature is enacted into

 

law.