MICHIGAN LIBRARY LAWS HANDBOOK 2013 Edition COMPILED BY Lance M. Werner (Executive Director) – Kent District Library Anne M. Seurynck (Shareholder) – Foster Swift Collins & Smith PC Note: The information contained within this handbook is current as of May 31, 2013. Please check the Michigan Legislature website at www.legislature.mi.gov for the most current version of the statutes. Portions of this work are reproduced with permission of the copyright holder – The Michigan Legislative Council TABLE OF CONTENTS *Acts printed with only selected sections are Page 3 excerpts from that act and that the full text may be found through a source such as the Michigan LEGISLATIVE COUNCIL ACT (EXCERPT) Legislature website (www.legislature.mi.gov). Act 268 of 1986 Page 1 CHAPTER 1 LEGISLATIVE COUNCIL CONSTITUTION OF MICHIGAN OF 1963 (EXCERPTS) 4.1107 Legislative reference library; PREAMBLE research services; technical ARTICLE II Page 4 ELECTIONS INCOMPATIBLE PUBLIC OFFICES § 1 Qualifications of electors; residence. Act 566 of 1978 15.181 Definitions. ARTICLE V 15.182 Holding incompatible offices. EXECUTIVE BRANCH 15.183 Public officer or employee as member of governing board of institution of § 10 Removal or suspension of officers; higher education; member of school grounds, report. board as superintendent of schools; public officer or employee as member ARTICLE VII of board of tax increment finance LOCAL GOVERNMENT authority, downtown development authority, or a local development § 28 Governmental functions and powers; finance authority; applicability; joint administration, costs and eligibility; conflict of interest; breach credits, transfers. of duty; public officer or employee of community mental health services ARTICLE VIII program. EDUCATION 15.184 Injunction or other judicial relief or remedy. § 9 Public libraries, fines. 15.185 Action of public officer or employee; validity; judicial relief or remedy. ARTICLE IX FINANCE AND TAXATION Page 8 § 6 Real and tangible personal property; FREEDOM OF INFORMATION ACT limitation on general ad valorem Act 442 of 1976 taxes; adoption and alteration of separate tax limitations; exceptions 15.231 Short title; public policy. to limitations; property tax on school 15.232 Definitions. district extending into 2 or more 15.233 Public records; right to inspect, copy, counties. or receive; subscriptions; forwarding requests; file; inspection and § 28 State Credit. examination; memoranda or ii abstracts; rules; compilation, Page 19 summary, or report of information; creation of new public record; OPEN MEETINGS ACT certified copies. Act 267 of 1976 15.234 Fee; waiver or reduction; affidavit; deposit; calculation of costs; 15.261 Short title; effect of act on certain limitation; provisions inapplicable to charter provisions, ordinances, or certain public records. resolutions. 15.235 Request to inspect or receive copy of 15.262 Definitions. public record; response to request; 15.263 Meetings, decisions, and failure to respond; damages; contents deliberations of public body; of notice denying request; signing requirements; attending or notice of denial; notice extending addressing meeting of public body; period of response; action by tape-recording, videotaping, requesting person. broadcasting, and telecasting 15.236 FOIA coordinator. proceedings; rules and regulations; 15.240 Options by requesting person; exclusion from meeting; exemptions. appeal; orders; venue; de novo 15.264 Public notice of meetings generally; proceeding; burden of proof; private contents; places of posting. view of public record; contempt; 15.265 Public notice of regular meetings, assignment of action or appeal for change in schedule of regular hearing, trial, or argument; attorneys' meetings, rescheduled regular fees, costs, and disbursements; meetings, or special meetings; time assessment of award; damages. for posting; statement of date, time, 15.241 Matters required to be published and and place; applicability of subsection made available by state agencies; (4); recess or adjournment; form of publications; effect on person emergency sessions; meeting in of matter not published and made residential dwelling; notice. available; exception; action to compel 15.266 Providing copies of public notice on compliance by state agency; order; written request; fee. attorneys' fees, costs, and 15.267 Closed sessions; roll call vote; disbursements; jurisdiction; separate set of minutes. definitions. 15.268 Closed sessions; permissible 15.243 Exemptions from disclosure; public purposes. body as school district or public 15.269 Minutes. school academy; withholding of 15.270 Decisions of public body; information required by law or in presumption; civil action to possession of executive office. invalidate; jurisdiction; venue; 15.243a Salary records of employee or other reenactment of disputed decision. official of institution of higher 15.271 Civil action to compel compliance or education, school district, enjoin noncompliance; intermediate school district, or commencement; venue; security not community college available to public required; commencement of action on request. for mandamus; court costs and 15.244 Separation of exempt and nonexempt attorney fees. material; design of public record; 15.272 Violation as misdemeanor; penalty. description of material exempted. 15.273 Violation; liability. 15.245 Repeal of §§ 24.221, 24.222, and 15.273a Selection of president by governing 24.223. board of higher education institution; 15.246 Effective date. violation; civil fine. 15.274 Repeal of §§ 15.251 to 15.253. 15.275 Effective date. iii Page 28 Page 35 CONFLICT OF INTEREST UNIFORM SYSTEM OF ACCOUNTING Act 318 of 1968 Act 71 of 1919 15.301 Conflict of interest; purpose. 15.302 Direct or indirect interest in state 21.44c Schedule of derivative instruments contracts prohibited. and products; filing copies with 15.303 Definitions. library of Michigan and depository 15.304 Pecuniary interest; cases in which libraries; availability of report and there is no substantial conflict of statement for public inspection. interest. 15.304a Contract arising from status of being Page 35 both student and member of governing board. LAWS, DOCUMENTS, AND REPORTS 15.305 Voidability of contracts; procedure; Act 44 of 1899 knowledge; limitation on actions; reimbursement; amicable settlement; 24.2 Public and local acts; publication; evidences of indebtedness. publication of additional copies; 15.306 Existing contracts; validity. deposit of copies with department of 15.307 Legislative committee on conflict of management and budget; reprints of interest; appointment, duties and laws; publishing laws relating to powers; prohibitions; violations. revenues of state; “publication” or 15.308 Conflicts of interest; state officers, “published” defined. violations. 24.4 Publications to be marked as state 15.309 Conflicts of interest; controlling law. property. 15.310 Effective date. 24.6 Official journals of senate and house; style of type; size of page; maximum Page 32 number of copies; size of volume; distribution; approval required for STANDARDS OF CONDUCT FOR PUBLIC additional copies; deposit of surplus OFFICERS AND EMPLOYEES supply. Act 196 of 1973 24.20 Copies for use and exchanges by state library. 15.341 Definitions. 24.30 Michigan manual; number of copies 15.342 Public officer or employee; prohibited to be published; distribution; price; conduct. sale; creation and administration of Michigan manual fund; disposition Page 34 and use of money received from sale of Michigan manual; “publication” or POLITICAL ACTIVITIES BY PUBLIC “published” defined; U.S. Constitution EMPLOYEES to be included. Act 169 of 1976 24.33 State publications; distribution by county clerks and superintendents of 15.401 “Public employee” defined. schools. 15.403 Employee of political subdivision of 24.34 State officers, delivery of books to state; permissible political activities; successors; damages, penalty; resignation; leave of absence. exception. 15.404 Active engagement in permissible 24.37 Michigan compiled laws; distribution; activities; certain hours prohibited. sale; price; “publication” or “published” defined. iv Page 39 ARTICLE 1 ADMINISTRATIVE PROCEDURES ACT OF 1969 37.1101 Short title. Act 306 of 1969 37.1102 Opportunity guaranteed; civil right; accommodation of person with CHAPTER 3 PROCEDURES FOR PROCESSING disability; undue hardship. AND PUBLISHING RULES 37.1103 Definitions. 24.259 Copies of Michigan register, Michigan administrative code, and code ARTICLE 2 supplements; distribution; official 37.1201 Definitions. use. 37.1202 Employer; prohibited conduct; exceptions; access to genetic Page 40 information. 37.1203 Employment agency; prohibited SUPREME COURT REPORTS conduct. Act 385 of 1927 37.1204 Labor organization; prohibited conduct. 26.8 Supreme court reporter, duties; size 37.1205 Apprenticeship, on the job, or other of volumes; original plates to be state training or retraining programs; property. discrimination prohibited. 26.12 Delivery of copies to state librarian 37.1206 Prohibited notices, advertisements, by contractor. inquiries, applications, and records. 37.1207 Repealed. 1980, Act 478, Imd. Eff. Jan. Page 41 20, 1981. 37.1208 Plan. SALE OR EXCHANGE OF SUPREME 37.1209 Contract to which state a party; COURT REPORTS covenant not to discriminate against Act 174 of 1871 employee or applicant for employment; breach. 26.47 State librarian; authority to exchange 37.1210 Burden of proof; cost of or sell reports; bond; printing of new accommodation as undue hardship; editions. reduction