Thursday, November 8, 2012

The Future of Library Funding: HB 5598

Bills are coming.  One would expect that the operating budget of the library would be constructed to cover the expense for the entire year.  However, this is not always what happens as unforeseen circumstances have a way of unraveling the most carefully constructed plans.  In Michigan, public libraries can currently count on an extra infusion of funds resulting of the fines which are generated by penal infractions.  That is, according to the current Michigan State Constitution and its two previous versions (1835, 1908, 1963), the proceeds from the fines collected pursuant to violations of the penal code go to local public libraries.  While there are a numerous sections and possible infractions of the penal code, the most common infraction is violating the speed limit.  For most of these cases, each fine results in a $100.00 contribution to a libraries budget.

But, this could change.  In the Michigan House of Representatives, HB 5598 would redirect the proceeds from the libraries to the local law enforcement agencies.   The net result would be to further reduce the budgets of public libraries across the state.  According to research conducted by the Michigan Library Association, the current structure of the penal code provides Michigan libraries with $27,000,000 annually.  If the penal code were modified, Michigan libraries would lose $19,000,000 annually.  With budgets already tight, many public libraries rely on the proceeds from penal code infractions and this decrease in funding would be dearly felt.

Not surprisingly, this modification is supported by police agencies whose budgets, like public libraries, are under constant strain.  The Senate version of the bill (SB 1330) was withdrawn by Senator Rick Jones (R) after libraries within his district explained the potential damage of the bill.  However, the House version (HB 5598) is still up for adoption in either the current session or, more likely, the next.  The passage if this bill will directly impact the future budgets of public libraries in Michigan.  Specifically, the passage of this bill has the potential to affect the services libraries offer their communities, the resources available, and the hours of operation.

What can you do?  Call your legislator.  The passage of HB 5598 would be bad for public libraries.     Moreover, it would mean that police agencies write tickets that would go directly add to their budget.  This conflict of interest was exactly why the writers of the original Michigan constitution directed proceeds from penal infractions to libraries instead of the law enforcement agencies or municipalities.

The future of libraries in the state of Michigan is dependent on the outcome of this bill.  If the bill becomes law, libraries will be forced to cut budgets and the implementation of new technologies and services could be slowed or halted for many libraries.  Thus, it is imperative that legislators be made to understand the negative consequences of this bill. 

Works Cited
Michigan Legislature (1963).  Constitution of the State of Michigan.  From    http://www.legislature.mi.gov/(S(uw5r1qbuzbu1to2mpmqs5i55))/mileg.aspx?page=getobject&objectname=mcl-chap1.


Michigan Legislature (2012, September 27).  Senate Bill 1130 (2012). From http://www.legislature.mi.gov/(S(a3ayc355ecy5md45exrvov45))/mileg.aspx?page=GetObject&objectname=2012-SB-1330.

Michigan Library Association (2012, October 25). Senator Jones Withdraws Parallel Ordinance Legislation.  From http://www.mla.lib.mi.us/node/1776

4 comments:

  1. The implications of law enforcement agencies receiving the funds from penal fines, as this post suggests, would be the potential for increase in tickets being written. I find this to be dangerous, and feel compelled to write my legislators in regards to keeping that funding going toward libraries.

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  2. Law enforcement agencies receiving funds from penal fines does seem like a huge and unconscionable conflict of interest. I could easily envision more numerous and more costly tickets being written, and it would also be disastrous to already constrained library budgets, as you have stated. It may be the case that both libraries and law enforcement agencies are hurting for funds, but taking from one and giving to the other in such a dangerous and exploitable way is not the solution. I am also compelled to inform my representatives of my objections to this bill, so thank you for bringing this to our attention.

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  3. This is scary! I just recently learned of the existence of the funds coming from penal fines, so I can't say I am super informed, but the idea of the funds going straight to police is discomfiting. I agree with Josh in thinking there is a potential for increase in tickets being written, which no one will like.

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  4. I am in complete agreement about how the potential conflicts of interest involved in allowing law enforcement to generate revenue from writing tickets is unacceptable. What strikes me most about this, however, is how sad of a state of affairs it is when libraries have to *rely* on what was supposed to be a supplemental source of revenue to provide services to their communities.

    But hey, never mind about libraries... who needs the tools to better themselves when the folks in charge can get a few more campaign dollars or roll another tank off the line...

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