[Michlib-l] Michigan legislation about library boards

[Michael Tyler]

Senate Bill 546 has been signed into law.  It is now PA 131 of 2014.  
Directors of PA 164 libraries should inform the /members/ (no longer 
directors) of their /governing/ boards about the changes which mostly 
establish for the first time the circumstances that define when the 
office of a board member becomes vacant.

Directors of PA 164 libraries in townships with elected boards should be 
further aware that the Michigan Election Law, PA 116 of 1954 contains 
language that is incompatible with the provisions of PA 164 as now 
amended by PA 131.  Section 358 of the Michigan Election defines who are 
elected township officers, including, per section 358(1)(f), "...6 free 
[PA 164] public library directors." Section 368 then defines the events 
that create a vacancy if the office of a township officer which per 
358(1)(f) includes those PA 164 library directors.  Finally, section 370 
provides that vacancies in office of township officers shall be filled, 
"... by appointment by the township board,..."

Simply stated: As amended by the new PA 131, both PA 164 and PA 116 now 
contain provisions that define when the office of PA 164 board member 
becomes vacant, and how such a vacancy is to be filled.  I doubt that 
this will be too much of a problem except possibly in townships where 
the library board and the township board are not on the best of terms.  
However, the next time an amendment to PA 116 is seriously being 
considered by the legislature, the library community should probably ask 
that Section 358(1)(f) be repealed to resolve the incompatibility.

Michael Tyler, Chair
The Library Network

On 5/23/2014 1:35 PM, Koscielniak, Kimberly (MDE) wrote:
> Dear Bob,
>
> I don't know if you've seen this from the Michigan Legislature website, but here is a link both to the text of SB 546 and an analysis of it: http://legislature.mi.gov/doc.aspx?2013-SB-0546
>
> Kim
>
> State Law Library
> Library of Michigan
> Michigan Library and Historical Center
> 702 W. Kalamazoo
> Lansing, MI 48909
>
> lmlawlib at michigan.gov
> 517-373-0630
> www.michigan.gov/lawlibrary
>
>
>
> -----Original Message-----
> From: michlib-l-bounces at mcls.org [mailto:michlib-l-bounces at mcls.org] On Behalf Of Robert P. Holley
> Sent: Friday, May 23, 2014 1:09 PM
> To: michlib-l at lists.mcls.org
> Subject: [Michlib-l] Michigan legislation about library boards
>
> Since my local state senator included the following in his weekly report, I'm curious about what the changes will be.
>
>
> Making Changes to Library Act Regarding Library Board Elections SB 546 Senate Bill 546 would amend Public Act 164 of 1877, which governs city, village, and township libraries, to revise provisions regarding library governing boards.
> Next: Returned to the Michigan Senate, where the bill was given immediate effect and ordered enrolled. It was presented to Governor Snyder on May 22, 2014, and awaits his signature into law.
>
> My apologies if I missed any earlier report on this legislation.
>
> Thanks.
>
> Bob
>
>
> Robert P. Holley
> Professor, School of Library & Information Science Wayne State University Detroit, MI 48202 aa3805 at wayne.edu
> 248-547-0306 (phone)
> 313-577-7563 (fax)
>
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