July 12, 2017, Introduced by Reps. Webber and Marino and referred to the Committee on Elections and Ethics.
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; and to prescribe penalties and provide
remedies,"
by amending section 11 (MCL 397.211), as amended by 2014 PA 131.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) Immediately after a city, a village, or a
township
has voted votes to establish a free public library, the
city, village, or township shall establish a governing board as
provided in subsections (3) and (4).
(2) If a city, village, or township has a free public library
that has not elected a governing board, including a city library
and governing board established under sections 1 to 10, the city,
village, or township shall establish a governing board as provided
in subsections (3) and (4).
(3) The legislative body of a city, village, or township
described in subsection (1) or (2) shall appoint a provisional
governing board of 6 members who shall hold office until the next
city, village, or township election of a permanent governing board.
(4)
A permanent governing board shall must be established for
a city, village, or township described in subsection (1) or (2) as
follows:
(a) In a city or village that holds an annual election, 6
members
shall must be elected. The terms of 2 of the members shall
must
be 1 year; the terms of 2 of the
members shall must be 2
years;
and the terms of 2 of the members shall must be 3 years.
Each
year thereafter, 2 members shall must be elected for 3-year
terms.
(b) In a city or village that holds biennial elections, 6
members
shall must be elected. The terms of 2 of the members shall
must
be 2 years; the terms of 2 of the
members shall must be 4
years;
and the terms of 2 of the members shall must be 6 years.
Biennially
thereafter, 2 members shall must
be elected for 6-year
terms.
(c) In a city or village that holds elections for city or
village
officers every 4 years, 6 members shall must be elected for
4-year terms.
(d) In a township that holds elections for township officers
every
4 years, 6 members shall must
be elected for 4-year terms.
(e)
The members shall must be nominated and elected on
nonpartisan ballots. A candidate for city, village, or township
governing
board member shall must be a qualified elector of that
city,
village, or township and shall must
file nonpartisan
nominating petitions bearing the signatures of a number of
registered and qualified electors of that city, village, or
township as follows:
(i) For a city, village, or township having a population of
9,999 or less, not less than 6 or more than 20 signatures.
(ii) For a city, village, or township having a population of
10,000 or more, not less than 40 or more than 100 signatures.
(f)
In For a city or village
library governing board, in lieu
of the nominating petitions prescribed in subdivision (e), an
individual may file with the clerk conducting an election a $100.00
nonrefundable fee to have his or her name placed on the ballot. For
a township library governing board, in lieu of the nominating
petitions prescribed in subdivision (e), an individual may file
with the clerk conducting an election a $150.00 nonrefundable fee
to have his or her name placed on the ballot.
(g) The Michigan election law, 1954 PA 116, MCL 168.1 to
168.992, governs the circulation and filing of nonpartisan
nominating petitions and the conduct of nonpartisan elections under
this section. A nonpartisan election conducted under this section
shall
must be held in conjunction with the city, village, or
township's next regularly scheduled primary or general election.
(5) Except as otherwise provided in this subsection, a member
shall hold office until a successor is elected and qualified. The
office
of member becomes vacant when if
the incumbent dies,
resigns, is convicted of a felony, is removed from office by the
governor under section 10 of article V of the state constitution of
1963, or, except as otherwise provided in this subsection, ceases
to be a qualified elector of the city, village, or township in
which he or she was appointed or elected. A member who is serving a
term
on a library governing board on the effective date of the
amendatory
act that added this sentence May
27, 2014 and who during
that term ceases to be a qualified elector of the city, village, or
township in which he or she was appointed or elected may serve the
remainder of the term, but may not seek another term on the library
governing board of that city, village, or township unless he or she
meets the requirements of subsection (4)(e).
(6) A city or village library governing board shall fill a
vacancy in a membership by appointment of an individual to hold
office until the next regular election at which city or village
officers are elected. A township library governing board shall fill
a vacancy in a membership by appointment of an individual to hold
office until the next general November election.
(7) A provisional or permanent governing board has the powers
prescribed in section 5.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) House Bill No. 4745.
(b) House Bill No. 4746.
(c) House Bill No. 4747.
(d) House Bill No. 4748.
(e) House Bill No. 4749.
(f) House Bill No. 4750.
(g) Senate Bill No.____ or House Bill No. 4809 (request no.
03584'17).
(h) Senate Bill No.____ or House Bill No. 4810 (request no.
03585'17).