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is seriously being considered by the legislature, the library community should probably ask that Section 358(1)(f) be repealed to resolve the incompatibility.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@michigan.gov 517-373-0630 www.michigan.gov/lawlibrary
-----Original Message----- From: michlib-l-bounces@mcls.org [mailto:michlib-l-bounces@mcls.org] On Behalf Of Robert P. Holley Sent: Friday, May 23, 2014 1:09 PM To: michlib-l@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@wayne.edu 248-547-0306 (phone) 313-577-7563 (fax)
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