STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5098

October 25, 1977

LIBRARIES:

Rules for use of library services.

Provision of library services to public and nonpublic school libraries.

A county library which is part of a library system may adopt a rule prohibiting teachers from checking out films for use in the schools of a public school district without violating 1965 PA 286.

The State Board for Libraries may continue to accept under 1965 PA 286 the county library's plan of library services if the library certifies that it is making its services available on an equal basis to both public and nonpublic school libraries and students.

Honorable Perry Bullard

State Representative

Capitol Building

Lansing, Michigan

You have requested my opinion on the following questions:

County libraries are established pursuant to the provisions of 1917 PA 138; MCLA 397.301 et seq; MSA 15.1701 et seq. 1917 PA 138, supra, Sec. 1, authorizes boards of supervisors of any county to establish a public library or contract for the furnishing of library resources free for the use of all inhabitants of the county.

As a public library, an eligible county library may establish or join in the establishment of a library system under the State Aid to Public Libraries Act of 1965, 1965 PA 286; MCLA 397.501 et seq; MSA 15.1791(101) et seq.

Public libraries participating in a library system authorized by 1965 PA 286, supra, must observe the proscription of the legislature found in 1965 PA 286, supra, Sec. 11, that:

The legislature has empowered the library system board to adopt 'rules not inconsistent with this act as may be necessary for its own government and that of the library system, and do any and all things necessary to carry out the purposes of this act', as set forth in 1965 PA 286, supra, Sec. 9.

In addition, each library system must certify to the State Board for Libraries that 'library services of the library system, including participating libraries, are available at reasonable times on an equal basis within the area served to both public and nonpublic school libraries and to all school children in attendance at public and nonpublic schools ' 1965 PA 286, supra, Sec. 23. [Emphasis supplied.]

It is necessary to read these three sections of 1965 PA 286, supra, together to produce, if possible, a harmonious and consistent interpretation. Dussia v Monroe County Employees Retirement System, 27 Mich App 398; 183 NW2d 583 (1971), aff'g 386 Mich 244; 191 NW2d 307 (1971). The intent of the legislature should be ascertained in light of the purpose sought to be accomplished. Geraldine v Miller, 322 Mich 85; 33 NW2d 672 (1948). As an aid in determining legislative intent, resort may be had to the legislative history of the statute. See Holmes v State Officers Compensation Commission, 57 Mich App 255; 226 NW2d 90 (1974).

A study of the legislative history of 1965 PA 286, Sec. 23, supra, is instructive. The Senate amended page 13, line 10 after the word 'system' in Senate Bill No. 65 to insert the underscored language in what was later enacted as 1965 PA 286, Sec. 23, supra, quoted above. 1 Senate Journal 1965, p 869; 2 Senate Journal 1965, p 917; and 2 Senate Journal 1965, p 1085.

In so amending page 13, line 10 of Senate Bill No. 65, the legislature was manifesting an intent to require a member or a participating library of a library system under 1965 PA 286, supra, to make its services available to school libraries, both public and nonpublic, and school children, both public and nonpublic, on an equal basis. The legislature could, but did not, require that the library make its services available directly to public and nonpublic school teachers for the benefit of children receiving instruction in their classroom. In making this omission, the legislature assumed that teachers desiring to obtain films for the benefit of the instruction of their students would channel their requests through their respective school libraries, thus providing for reasonable and equitable distribution and use of films in the public and nonpublic schools within the library system. 1965 PA 286, Sec. 23, supra, must also be read to require equal library services to school children in their individual capacities since any other reading making the teacher spokesman for a student would serve to deny equal access to and use of books and other reference materials to the student. Clearly, the legislature has sought to protect the rights of students to the access and use of such library services by requiring member and participating libraries of a library system to certify the provision of library services to students, both public and nonpublic, on an equal basis.

The legislature has expressly empowered any school district to operate school libraries if the establishment of the library is approved by the school electors voting on the question. 1965 PA 269, Sec. 907; MCLA 340.907; MSA 15.3907. The legislature has enacted the School Code of 1976, 1976 PA 451; MCLA 380.1 et seq; MSA 15.4001 et seq. 1965 PA 269, Sec. 903 was repealed thereby but the present controlling sections may be found in 1976 PA 451, supra, Sec. 1451 et seq.

The legislature enacted 1965 PA 286, supra, and 1965 PA 269, supra, at the same legislative session and it must be assumed that the legislature, in framing and passing both acts at the same session, had full knowledge of the provisions of each statute. Richert v People's State Bank for Savings, 265 Mich 668; 252 NW 484 (1934). Thus, it must be assumed that the legislature was aware that films were available to all the teachers in the school district for use in their classrooms from the library of the school district.

In addition to obtaining the use of films for classroom instruction purposes from the library system through the school library and from the school district library, teachers have access to the use of films from regional educational media centers continued by the legislature pursuant to 1976 PA 451, Sec. 671; MCLA 380.671; MSA 15.4671. These media centers were first established by 1965 PA 269, Sec. 291b, as added by 1970 PA 55, which authorized educational media centers to make films available to local or constituent school districts. 1976 PA 451, Sec. 1851; MCLA 380.1851; MSA 15.41851, repealed 1965 PA 269, Sec. 291b.

In securing the films through the school library from the library system, the school district library, or the regional educational media center for use in the classroom, the teacher, as a resident, continues to be entitled to use the facility and resources of all member libraries of the library system for his or her own personal use, subject to reasonable regulations in the system plan as set forth in 1965 PA 286, Sec. 11, supra.

The county library did not violate the provisions of 1965 PA 286, supra, when it adopted a rule prohibiting teachers from checking out films for use in school, since films of the library system are available for use in public school district schools through the libraries of those schools. Therefore, it is my opinion that the rule of a county library member of a library system under 1965 PA 286, supra, prohibiting teachers from checking out films for use in a school district's school, is in compliance with the statute.

In response to your second question, it is my opinion that if the county library certifies to the State Board for Libraries that is makes its services available to public and nonpublic school libraries and students on an equal basis, the State Board for Libraries can continue to accept the county library's 'plan of library service', as it is in accord with 1965 PA 286, Sec. 23, supra.

Frank J. Kelley