Public libraries in Michigan existed before statehood. Villages and settlements across the peninsulas organized and funded reading rooms and public lending libraries. After ratification of the state constitution, Michigan became one of the first states in the United States to pass a general law governing the establishment, operation, and funding of public libraries. In addition, the new constitution included a provision that dedicated to public libraries the funds obtained from criminal fines. This provision, Article VII, Section 9, is still in effect, having survived 3 constitutional revisions. The documented constitutional convention notes demonstrate the value that Michigan leaders have historically placed in public libraries as public institutions.
Michigan now has approximately 397 public library systems (recognized legally established library organizations- the 397 does not include individual branches of each system). There are approximately 9 different public library establishment types which are authorized under 6 different laws, (including the original general library law discussed above). Each of these laws has its own requirements for the establishment, governance and funding of a library, as well as differing allocations of municipal authority over a library. Partly owing to their pre-statehood start, Michigan’s treatment of public libraries is unique because the establishment, operation, and funding of public libraries are firmly placed under the auspices of the municipalities the libraries serve. Another characteristic that sets Michigan Public Library establishment apart from that of many other states is that the vast majority of library establishment types place the governance and legal control over the public library in the hands of independent boards of trustees comprised of elected or appointed residents of the municipality(ies) served by the library. The Michigan Supreme Court suggested that the reasoning for this was to “to remove the [public libraries] from politics and factional disturbance” and enable boards to govern independently from municipal pressure or agendas. (Bostedor v City of Eaton Rapids, 273 Mich.426 (1935)). Public library trustees, whether appointed or elected, are considered public officials who must take the oath of office and are subject to many of the same laws and duties as other local public officials. Training and orientation of public library boards of trustees are crucial for a public library to function in a legal and productive manner. Libraries can obtain trustee training resources and assistance from the Library of Michigan and their Library Cooperative.
A public library’s establishment type is an essential part of its operation. Much like a commercial or non-profit company’s incorporation status, a library’s establishment provides a library with its organizational identity and authority to hold funds, transact business, hire personnel, own property, and be held accountable for its operations. Library governing boards, library directors and applicable municipal officials should all know their library’s establishment type and how that affects their library’s operations and governance. Although the governing boards of trustees are the legal authorities over most public libraries, the successful daily operation of a library and the quality of the services and materials it provides are directly tied to the partnership existing between the library’s board of trustees, the library director, the library’s staff, and applicable municipal officials.
Establishment also affects a library’s funding. Michigan public libraries are funded by a variety of sources, but the local-control nature of Michigan public libraries means that the largest and most important funding source for a public library is the community served by the library. Depending on the law a library is established under, public libraries are authorized to obtain millages. These millages can range from up to 2 mills for a city, village or township library, to up to 4 mills for a district library. Libraries without millages rely on municipal appropriations. Additional funding comes from the constitutionally mandated criminal fine revenues (or, “Penal Fines”), the state tax funded State Aid to Libraries program, other state programs such as PPT reimbursement under the Local Community Stabilization Authority Act (LSCA), and local service contracts with neighboring municipalities without public libraries. Many libraries are also aided by “Friends of the Library “groups, which are non-profit corporations separate from the library (and often 501 (c)(3) entities). Friends’ groups are fundraisers for their library and can assist with supplemental funding for library initiatives as well as act as valuable advocacy partners.
The State of Michigan, and the Library of Michigan (through the Department of Education, MDE), have limited authority over individual public libraries. Public libraries are intended to be locally established, funded and administered.
Additional information about Michigan public library establishment, including information on a specific Michigan public library’s establishment can be obtained by contacting the Library Law Consultant.
CDM
10-23-2026