THE DISTRICT LIBRARY ESTABLISHMENT ACT
Act 24 of 1989
397.182 Powers of board; compensation and expenses of board members; deposit and expenditure of money in district library fund.
Sec. 12.
(1) A board may do 1 or more of the following:
(a) Establish, maintain, and operate a public library for the district.
(b) Appoint and remove officers from among its members.
(c) Appoint and remove a librarian and necessary assistants and fix their compensation.
(d) Purchase, sell, convey, lease, or otherwise acquire or dispose of real or personal property, including, but not limited to, land contracts and installment purchase contracts.
(e) Erect buildings.
(f) Supervise and control district library property.
(g) Enter into a contract to receive library-related service from or give library-related service to a library or a municipality within or without the district.
(h) Adopt bylaws and regulations, not inconsistent with this act, governing the board and the district library.
(i) Propose and levy upon approval of the electors as provided in this act a tax for support of the district library.
(j) Borrow money pursuant to the district library financing act, 1988 PA 265, MCL 397.281 to 397.290.
(k) Issue bonds pursuant to the district library financing act, 1988 PA 265, MCL 397.281 to 397.290.
(l) Accept gifts and grants for the district library.
(m) Do any other thing necessary for conducting the district library service, the cost of which shall be charged against the district library fund.
(2) A board may reimburse a board member for necessary expenses that the member incurs in the performance of official duties. A board may compensate board members for attending official meetings of the board or committees of the board and shall include the amount of compensation in the annual budget. Compensation shall not exceed $30.00 per board member per meeting. A board member shall not be compensated for attending more than 52 meetings per year.
(3) Money for the district library shall be paid to the board and deposited in a fund known as the district library fund. The board shall exclusively control the expenditure of money deposited in the district library fund.
History: 1989, Act 24, Imd. Eff. May 22, 1989 ;-- Am. 2002, Act 540, Imd. Eff. July 26, 2002 ;-- Am. 2005, Act 60, Imd. Eff. July 7, 2005
PopularName Notes:
District Libraries Act
Notes of Decisions
Capital Area Dist. Library v. Michigan Open Carry, Inc., 826 N.W.2d 736 (Mich. Ct. App. 2012).
· cites it 5× “A district library is governed by a board, which has the following statutory powers under MCL 397.182(1): (a) Establish, maintain, and operate a public library for the district.”
Herrick Dist. Library v. Library of Michigan, 810 N.W.2d 110 (Mich. Ct. App. 2011).
“MCL 397.182(g). Though jurisdictional and contractual service areas are similar because both expand library access, the two arrangements entail different responsibilities for the residents of each respective area.”
Charter Twp. of Washington v. Romeo Dist. Library (Mich. Ct. App. 2016).
· cites it 5× “The trial court also held that requiring defendant to submit its budget to the Participating Municipalities would (1) contradict section 5f of the Ordinance, which gives the library the power of exclusive control of money credited to the library fund; (2) contravene MCL 397.”
Michigan Open Carry Inc v. Clio Area Sch. Dist. (Mich. Ct. App. 2016).
“While a district library enjoys a general ability to “supervise and control” its property, MCL 397.182(1)(f), the Legislature has specifically allocated to school districts very broad powers of self- -6- governance, which specifically include “[p]roviding for the safety and…”
Michigan Gun Owners Inc v. Ann Arbor Pub. Schs. (Mich. Ct. App. 2016).
“While a district library enjoys a general ability to “supervise and control” its property, MCL 397.182(1)(f), the Legislature has specifically allocated to school districts very broad powers of self-governance, which specifically include “[p]roviding for the safety and welfare…”
— Mich. Comp. Laws § 397.182(1) — 1 case
— Mich. Comp. Laws § 397.182(1)(f) — 3 cases
Michigan Open Carry Inc v. Clio Area Sch. Dist. (Mich. Ct. App. 2016).
“While a district library enjoys a general ability to “supervise and control” its property, MCL 397.182(1)(f), the Legislature has specifically allocated to school districts very broad powers of self- -6- governance, which specifically include “[p]roviding for the safety and…”
Michigan Gun Owners Inc v. Ann Arbor Pub. Schs. (Mich. Ct. App. 2016).
“While a district library enjoys a general ability to “supervise and control” its property, MCL 397.182(1)(f), the Legislature has specifically allocated to school districts very broad powers of self-governance, which specifically include “[p]roviding for the safety and welfare…”
— Mich. Comp. Laws § 397.182(3) — 1 case
Charter Twp. of Washington v. Romeo Dist. Library (Mich. Ct. App. 2016).
“The trial court also held that requiring defendant to submit its budget to the Participating Municipalities would (1) contradict section 5f of the Ordinance, which gives the library the power of exclusive control of money credited to the library fund; (2) contravene MCL 397.”
— Mich. Comp. Laws § 397.182(g) — 1 case
Herrick Dist. Library v. Library of Michigan, 810 N.W.2d 110 (Mich. Ct. App. 2011).
“MCL 397.182(g). Though jurisdictional and contractual service areas are similar because both expand library access, the two arrangements entail different responsibilities for the residents of each respective area.”
— Mich. Comp. Laws § 397.182(l)(h) — 1 case
— Mich. Comp. Laws § 397.182(l)(m) — 1 case
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