SENATE BILL No. 1287

May 18, 2000, Introduced by Senator HAMMERSTROM and referred to the Committee on Government Operations.

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 1988 PA 432.

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 in subsections (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

8 10, the city, village, or township shall establish a library

9 board as prescribed in subsections (3) and (4).

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1 (3) The legislative body of a city, village, or township

2 described in subsection (1) or (2) shall appoint a provisional

3 library board of 6 directors who shall hold office until the next

4 annual or biennial city or village election, or township elec-

5 tion, of a permanent library board.

6 (4) A permanent library board shall be established for a

7 city, village, or township described in subsection (1) or (2) as

8 follows:

9 (a) In a city or village holding an annual election, 6

10 directors shall be elected. The terms of 2 of the directors

11 shall be 1 year; the terms of 2 of the directors shall be 2

12 years; and the terms of 2 of the directors shall be 3 years.

13 Each year thereafter, 2 directors shall be elected for 3-year

14 terms.

15 (b) In a city or village that holds biennial elections, 6

16 directors shall be elected. The terms of 2 of the directors

17 shall be 2 years; the terms of 2 of the directors shall be 4

18 years; and the terms of 2 of the directors shall be 6 years.

19 Biennially thereafter, 2 directors shall be elected for 6-year

20 terms.

21 (c) In a township holding elections for township officers

22 every 4 years, 6 directors shall be elected for 4-year terms at

23 the primary and general elections in 1984. A term of office

24 shall not be shortened by this subdivision. A director scheduled

25 by this section before March 31, 1981, to be elected at a time

26 other than 1984 shall not be elected on the date scheduled, but

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1 shall continue in office until a successor takes office pursuant

2 to the election of 1984.

3 (d) The directors shall be nominated and elected on nonpar-

4 tisan ballots. A candidate for city, village, or township

5 library director shall file nonpartisan nominating petitions

6 bearing the signatures of a THE SAME number of registered and

7 qualified electors of that city, village, or township equal to

8 not less than 1% of the total number of votes cast for the chief

9 elected officer of that city, village, or township in the last

10 election in which the officer was elected AS PRESCRIBED BY SEC-

11 TION 544F OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL

12 168.544F. The Michigan election law, Act No. 116 of the Public

13 Acts of 1954, being sections 168.1 to 168.992 of the Michigan

14 Compiled Laws 1954 PA 116, MCL 168.1 TO 168.992, shall govern

15 the circulation and filing of nonpartisan nominating petitions

16 and the conduct of nonpartisan elections under this section.

17 (5) A director shall hold office until a successor is

18 elected and qualified.

19 (6) A library board shall fill a vacancy in a directorship

20 by appointment of a person to hold office until the next

21 election.

22 (7) A provisional or permanent library board has the powers

23 prescribed in section 5.

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