Circulation Policies and Procedures

STATEMENT OF PURPOSE:

To provide wide access to library materials for all registered borrowers and maximum use of the collection in a uniform manner, the East Lansing Public Library deems it appropriate to set policies as approved by the Library Board of Trustees for length of loan period, renewals, reserves, fines, fees and limits. The Library through policies and procedures determines who is eligible to borrow materials and provides for the return and replacement of such materials.

I. ELIGIBILITY OF USE - General Policy

East Lansing Public Library materials and public access computers are available to all persons for use within the building. All users shall abide by the policies, procedures and rules set by the Library Board of Trustees and the staff.

The East Lansing Public Library offers borrowing privileges to all residents, property owners, non-resident students attending schools in the City of East Lansing, Michigan State University (MSU) students, Lansing Community College (LCC) students, East Lansing city employees and business owners within the City of East Lansing. Proof of residency, city employment, MSU student status and/or ownership of property or business shall be required.

Patrons are responsible for all materials checked out on their cards. Parents or guardians of minors are responsible for all materials checked out on minors' cards. Borrower cards are a "bearer card" and they should not be loaned to other persons. It will be assumed that anyone having the card in his/her possession has the authority to do so. The registered borrower may borrow materials without the card in hand by presenting a valid picture ID.  Therefore, borrowers' cards should not be loaned to other persons and, if stolen or lost, should be reported immediately.

II. SERVICE AREA:

The East Lansing Public Library is supported by a property tax millage levied from citizens in the City of East Lansing. All residents of the tax support area are entitled to library cards at no charge. Also entitled to library cards at no charge are non-residents who own property or a business in the city of East Lansing since they pay millage to support the Library. The Library Board may establish other categories of contribution as deemed appropriate or enter into contractual relationships with non-resident borrowing populations, municipalities, school districts, etc. for inclusion into the East Lansing service area.

III. ELIGIBILITY OF BORROWERS - General Policy

A. RESIDENTS

1. Free borrower's cards are available to residents who live within the City of East Lansing and who present proper identification as required by Section IV and one of the following as proof of address:

• Driver's license
• Official Michigan ID card from the Secretary of State
• Current car registration
• Current lease agreement for rental property
• Current bill (e.g. utility, telephone, major credit card, bank statement - NOT checks)

Residents under the age of 18 must present a signed application that includes the signed consent of a parent or legal guardian, and the identification of the accompanying parent or guardian.

2. A ONE Card is available as a temporary card and entitles the patron to borrow one item at a time. The item must be returned and all fines and fees paid before another item may be borrowed. The ONE Card expires after 90 days and is not renewable. The ONE Card is designed for the following patrons:

• Residents under the age of 18, including eligible non-resident East Lansing Public School students, without the signed consent of a parent or guardian. After 30 days, the minor would need the signed consent of a parent or guardian to continue borrowing privileges as a patron with full borrowing privileges.
• Residents who are living in the East Lansing taxpaying area on a temporary basis
• Patrons, including homeless residents, who do not have a form of ID as described above.
• Haven House residents. The ONE card replaces the previous Haven House one-year card.

B. NON-RESIDENT TAXPAYER

Borrower's cards are available at no cost to non-resident taxpayers and their families who reside at the taxpayer's address and who present on an annual basis:

* Evidence of payment of property tax to the City of East Lansing and valid proof of address (see Section III. A.)

C. NON-RESIDENT

A person who does not legally qualify for residency under the above criteria or who is not a student in schools located in the City of East Lansing shall be considered a non-resident. Under state law and Library Board policy, any person, regardless of residency, may use library materials and public access computers within our facility.

To borrow library materials, a non-resident must purchase a library card for a fee set by the Library Board of Trustees. The amount of the fee may be revised by the Trustees as deemed necessary. Non-residents may elect to purchase an individual card or, at a higher rate, family cards entitling all those persons living within a single household to an individual card. The non-resident charge is a fee and not a contribution to the Library. (See Appendix D: Non-resident borrower fee schedule)

The borrowing and loaning of library materials to non-resident borrowers is executed under the same conditions, circumstances and policies which are part of the regular East Lansing Public Library operation and which may be changed from time to time by action of the Library Board.

• Identification requirements for non-residents to receive a library card are the same as those for local residents (see Section IV).
• The non-resident borrower fee must be paid in full before borrowing any materials.
• The non-resident borrower card entitles the patron to full borrowing privileges for 12 months beginning on the date of payment.
• A 6-month library card is available for individual non-resident borrowers.
• Refunds will only be given if requested within the same business day and if no materials have been checked out to the borrower;
• Family cards are issued for 12 months for non-resident families requesting individual library cards for each member of the family living at the same address; family members names can be added at any time, however, the original expiration date does not change.
• An individual card may be upgraded to a family card for the difference between the two fees, however, an upgraded family card will expire one year from the date the individual card was first issued.

D. LIBRARY STAFF / CITY EMPLOYEES / MICHIGAN STATE UNIVERSITY AND LANSING COMMUNITY COLLEGE STUDENTS

Borrower cards are available at no cost to full-time and part-time staff who live outside the tax support area while they are in the employ of the East Lansing Public Library. Current employees of the City of East Lansing are also entitled to free borrowing privileges after presenting proof of employment (e.g. city-issued identification, current pay stub).

Borrower cards are available at no cost to full-time and part-time Michigan State University (MSU) and Lansing Community College (LCC) students, who live outside the tax support area, while they are students at MSU or LCC.  MSU/LCC students are entitled to free borrowing privileges after presenting the appropriate photo identification.

E. INSTITUTIONAL CARDS

Institutional cards are available without charge to institutions with offices in the City of East Lansing. This includes businesses, schools, churches and other institutions. Institutional cards are issued for an institution's use, and not for the personal use of any of its employees.

To obtain an institutional borrower's card, the institution must:

• Complete an application;
• Provide a written request on official institution letterhead stating that the card is requested for the institution's use and not for personal use by any of its employees, and signed by the person who has final fiscal authority for the organization and will assume responsibility for any loss or damage to library materials;

Institutional cards are issued for a one-year period. Renewal requests must be made on official letterhead and meet the above requirements.

The institution's library card will be issued in the name of the official applying and the name of the institution. The card must be presented in order to borrow materials.

F. NON-RESIDENT STUDENTS ATTENDING SCHOOLS LOCATED IN THE CITY OF EAST LANSING

Students who attend schools located in the City of East Lansing, but do not live in the taxpaying East Lansing area, are entitled to a free user specific card. This card may only be used by the student to whom it is issued.

G. TEEN CARD

Teenagers (ages 12-17) who attend schools located in the City of East Lansing may register for a Teen Card without the signed consent of a parent or legal guardian. A Teen Card entitles the patron to a limited checkout of five (5) items including two (2) DVD movies from the children’s section (J-DVD). The teenager must present a school I.D. in order to receive a Teen Card. A Teen Card can be upgraded to a standard card with the consent of a parent or legal guardian, or upon the patron turning 18 years of age.

IV. PATRON REGISTRATION - General Policy

The East Lansing Public Library will issue a library borrower card to any individual who makes application subject to the following rules:

• The applicant must present an official ID or ID card from the Secretary of State with current address; if the applicant does not have a driver's license or official ID card or if the address is not current, the Library will accept a Michigan driver's license, State ID, an out-of-state driver's license or other government-issued picture ID, such as Passport, plus proof of current address which may include car registration, current lease agreement for real property, or a current bill (e.g. utility, telephone, credit card).
• The applicant must sign the borrower card whereby he/she agrees to be responsible for all materials checked out with the borrower card.
• A minor under the age of 18 may obtain a borrower card with the permission of a parent or guardian who, in signing the minor application card, agrees to be responsible for any fines, fees, etc. that the child may incur.
• A post office box number may be used for mailing purposes, but a legal address must be given on the library card application form.

V. RENEWAL OF BORROWER CARDS

The library renews patron library cards on a regular basis to ensure up-to-date patron records. (See Appendix A for Renewal of Borrower Cards Schedule)

VI. LOST/DAMAGED/STOLEN BORROWER CARDS - General Policy

It is the responsibility of the patron to notify the library immediately to report a lost or stolen card to avoid being held liable for its use by an unauthorized person. Proof of current residency is required at the time a replacement card is issued.

VII. LOAN OF MATERIALS

A. General Policy
To provide the widest possible access to the Library's collection, the Director and the staff of the Library will establish the criteria for procedures for loaning materials e.g., length of loan period, limits on the number of items loaned, renewals, and reserves. All non-permanent artwork at the library is the property of the Friends of the East Lansing Public Library (Friends) and may be sold or rented by the Friends at the determination of the Friends.

B. Renewal of Materials:

An item can be renewed up to two times for the full loan period each time. If an item is on reserve for another patron, it cannot be renewed.  

Interlibrary loan materials are only renewable upon the approval of the lending library. The renewal period is also determined by the lending library.

C. Reserve of Materials

Patrons may place items "on hold" for themselves that are currently listed on the library computer catalog as "on order," "just received," or "checked out." Reserves may be placed by telephone, in person at a public access computer in the Library, or via the Library's web site. The patron will be notified either email, text, or phone per the patron's request in compliance with the Michigan Library Privacy Act when the reserve becomes available.

Most items will be held for seven days. Items held for curbside or locker pickup will be held through the end of the next business day.

  In compliance with the Michigan Library Privacy Act:

• "On hold" items can only be released to the person who initiated the reserve, or those persons authorized by the cardholder. (See Addenda B.1 or B.2).
• Verification of identity will be established by a borrower card or driver's license or state ID card.

VIII. INTERLIBRARY LOAN

The Library as a public tax-supported institution cannot realistically purchase all materials published. To provide its patrons with the broadest access to materials and information, the Library participates in a statewide interlibrary loan program (MeLCat) that permits borrowing and lending among libraries. Books and audiovisual materials not owned, or that are otherwise unavailable, may be requested for loan through interlibrary loan.

The Library does not charge for interlibrary loan service within the geographical boundaries of the Woodlands Library Cooperative or as provided in special reciprocal borrowing agreements or consortium. Every attempt will be made to borrow items from libraries that do not charge fees for loaning materials. If a patron does not wish to borrow an item if charges are imposed, this must be stipulated when the request is made.  Patrons will be informed of these charges or the potential for a charge before the interlibrary loan request is initiated.

ILL materials are checked out on the borrower's card with due dates determined by the lending library. The Library does not charge rental fees on ILL A-V materials. The Library charges fines in the same manner as for the Library's own materials. (See Section IX. FEES AND FINES)

The Library reserves the right to restrict the number of items requested by an individual patron through interlibrary loan when necessary to ensure fair, equitable, and timely service within the constraints of budget and staffing. This action will only be taken in consultation with the patron and alternative sources for service will be suggested. Requests that staff determines may violate copyright laws will not be accepted.  MeLCat limits eligible patrons to have up to 50 active MeLCat requests at a time. MeLCat requests are active from the time they are made until the requested items have been returned to the supplying libraries or until they are canceled.

IX. FEES AND FINES

A. General Policy

Library materials are purchased for use by all patrons. To ensure the widest access to library materials, their prompt return is encouraged. The Library establishes regulations for the loan of materials, including fines for late return. The Library charges a per day overdue fine on certain popular materials, such as tools, WiFi hotspots, Express items, and computers. All other items, including books, kits, music CDs, and non-Express DVDs and Blu Rays do not incur a daily overdue fine. The daily overdue fine is not meant to be a punitive measure, but a means to make library materials available to as many users as possible in a timely fashion. All fees and fines are approved by the Library Board of Trustees. (See Appendix C for Library Fine Schedule.)

• The daily fine begins the day after the item is due.
• No fines accrue on days that the Library is closed.

B. Maximum Fines

The Library sets a limit on the maximum fine that will accumulate on a single item. The fine limits for each type of material are detailed in Appendix C.

C. Lost/Damaged Materials

1. Materials that are lost or damaged beyond repair will be charged at the current or market price (library discounts are not included). Replacement items will be accepted only within 60 days of the due date and upon the approval of Technical Services, and the patron will pay a $5.00 processing fee.
2. If lost and paid materials are returned within 60 days, the payment (minus a $5.00 processing fee) will be refunded if the item is in good condition.
3. If lost and paid materials are located by library staff through shelf searches, the patron will be notified and the entire amount paid will be refunded and any overdue fines will be waived.

D. Overdue/Bill for Replacement Notices

The individual who chooses to keep materials past the due date, or who refuses to settle unpaid fines or fees, compromises his or her borrowing privilege. Therefore, as a means to recover overdue materials, the Library will notify patrons of unpaid fines and fees according to procedures approved by the Library Board of Trustees and in compliance with the Michigan Library Privacy Act (see Addenda C). Information regarding overdue and non-returned materials and past-due fines and fees may be disclosed by the Library to a collection agency when a legal agreement has been entered into for the recovery of materials or collection of fees and fines.

E. Claims Returned

There are times a patron will tell us an item has been returned that is still showing as checked out on their library account. After the patron and staff have both looked for the item without success the item is immediately taken off the patron’s record and given a status of “Claims Returned.”  There is a limit of three claims returned items allowed within a consecutive three year period. 

F. Overdue Policy for Fine-Free Items

Most library books, DVDs, music CDs, and periodicals (exceptions noted in Appendix C) no longer incur daily overdue fines. These items will still have a due date (see Appendix B), and may usually renewed twice if not on reserve for another patron (see Section VII B). Patrons are responsible for returning their materials on time. If an item has not been returned within 30 days of the due date, patrons will be billed for the replacement cost of that item. If the total amount of fines on a patron’s account is $15.01 or more, the patron will be blocked from checking out any more items until the fine is resolved. If patrons return their overdue items, the replacement charge will be removed from their account & no overdue fines will be added. Patrons whose account balance is $15.00 or less will no longer be blocked from checking out more items.

X. BORROWING PRIVILEGES - General Policy

• The East Lansing Public Library has no age restrictions on borrowing materials.
• Borrower cards are a "bearer card" and they should not be loaned to other persons. It will be assumed that anyone having the card in his/her possession has the authority to do so.
• The registered borrower may borrow materials without the card in hand by presenting a valid picture ID.
• Borrowers who owe more than $15 in unpaid fines or unreturned materials bills must reduce the amount owed to not more than $15 to continue borrowing privileges. At the discretion of a library employee a borrower who cannot reduce the amount owed to not more than $15 can continue borrowing if the borrower regularly makes payments on the debt.
• A person found falsifying his or her identification shall have his or her borrowing privileges suspended.
• To comply with the Library Privacy Act of 1982, a cardholder who wishes to allow others to pick up and check out materials being held on the cardholder's behalf must first sign an authorization form (see Addenda B.2) before the Library will release the requested materials.
• Parents of minors under age 18 may choose to restrict borrowing privileges of DVDs.

XI. OVERDUE MATERIALS - General Policy

Every effort will be made to retrieve overdue materials in compliance with the Michigan Library Privacy Act (see Addenda C). Procedures may include mailed notices, email notices, text messages, certified letters and, if necessary, the services of a collection agency.

XII. CONFIDENTIALITY OF LIBRARY PATRON RECORDS

It is the policy of the East Lansing Public Library to preserve the confidentiality of the registration records of its patrons to the fullest extent permitted by law. To that end, the registration records of the Library shall be released or disclosed only as provided for herein.

All patron registration information shall be treated by the staff of the Library as confidential, including name, address, telephone number, email address and any other information provided on the patron's registration form. This policy also prohibits disclosure of whether or not a person has a library card.

Registration Records
This policy defines "registration records" as any information gathered from the patron on the library card registration form and/or any information entered into the Library's patron database. This policy does not cover Library circulation records protected by the Michigan Library Privacy. For information on non-disclosure of those records, see the Michigan Library Privacy Act Policy (Addenda C).

Notification of the Library Director
Any employee of the East Lansing Public Library who receives a request, or who is served with a subpoena, court order, or other legal process, to release or disclose any registration record shall promptly notify the Library Director.

Action by the Library Director
The Library Director, in a timely manner, shall review all requests and orders, consult with an attorney as necessary, and respond in an appropriate manner to each such request or court order in accordance with this policy and the Michigan Freedom of Information Act, 1976 Public Act 442, MCL 15.231-15.246.

Requests for Registration Information
The Library Director shall deny, in writing, all requests for the release or disclosure of registration information unless the Library Director has received the written consent to such release or disclosure from the person(s) identified in the records. Patron library card registration information is considered by the Library Board of Trustees to be "information of a personal nature where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy" as exempted from disclosure in the Michigan Freedom of Information Act, MCL 15.243(1).

Freedom of Information Act (FOIA) Requests for Registration Information
The Library Director shall deny, in writing, any designated "Freedom of Information Act" request for the release or disclosure of confidential patron registration information.

Court Order for Patron Information
The Library Director, after consultation and advice from an attorney, shall comply with any subpoena or court order to release or disclose patron registration information.

Authority for Policy
The authority for this policy is the Michigan Freedom of Information Act, 1976 Public Act 442, MCL 15.243(1)(a) regarding information of a personal nature where the disclosure would constitute a clearly unwarranted invasion of privacy.

XIII. MICHIGAN LIBRARY PRIVACY ACT POLICY

It is the policy of the East Lansing Public Library to preserve the privacy of circulation records of its patrons to the fullest extent permitted by law. The circulation of records of the Library shall be released or disclosed only as provided for herein.

Protection of Library Records
No employee, agent or member of the East Lansing Public Library Board shall release or disclose a "library record" to any person other than the person named in the record (borrower) in whole or in part, unless ordered to do so by a Court Order, or upon the written request of the person named in the record. (See Addenda B.1: Library Privacy Waiver Form: Holds Authorization Form (Sent With Holds Notice), and B.2: Library Privacy Waiver Form: Authorization To Pick Up Items Being Held; Addenda D: Parent/Guardian Consent Form: Release of Minor Child's Library Records.)
No "library records" shall be released to any person who presents a purported subpoena, summons, or other legal process, unless the Court process shall have attached thereto a certified copy of a Court Order signed by a Circuit Judge ordering release of a specific library record to a specific named individual.

Definition of Library Record
A "library record" is defined as "a document, record, or other method of storing information retained by a library that contains information that personally identifies a library patron, including the patron's name, address, or telephone number, or that identifies a person as having requested or obtained specific materials from a Library. Library record does not include non-identifying materials that may be retained for the purpose of studying or evaluating the circulation of library materials in general." (Act 455, MCL 397.602)

Notification of Library Director
All Court Orders or process purporting to order the release of library records, including subpoenas, summons, orders to show cause, or other legal process shall be immediately delivered to the Director or, in his/her absence to his/her designated assistant for review and approval prior to the distribution or disclosure of any library records.

Action by the Library Director
The Library Director, in a timely manner, having received notice that an application has been made to a Court for release of library records, will consult with the City of East Lansing Attorney, and may request that the City Attorney appear and represent the Library at such hearing, or may appear personally or through a designated representative. The Library Director may consult with the City Attorney regarding the sufficiency of any Court Order or legal process before releasing any records.

Requests for Library Records
The Library Director shall deny, in writing, all requests for the release or disclosure of library records as defined under the Michigan Library Privacy Act, unless the Library Director has received the named patron's written consent for such release or disclosure.

Release of Records to a Third Party
Library records may be released to a third party upon written authorization signed by the borrower and authorizing release to a designated individual subject to the following rules and procedures (See Addenda B.3: Library Privacy Waiver Form: Authorization to Release Records to a Third Party).

A. No request for a release of library records will be processed by mail.
B. If a request for a release of library records is submitted by the borrower, the staff person processing the request shall verify the patron's identity through a driver's license or other photo identification.
C. Request for or consent to release of library records signed by or submitted by a person claiming to be the named individual's legal guardian will be honored if the guardian presents a Court Order designating that person as a legal guardian after the Library Director has consulted with the City Attorney as to the form and sufficiency of Guardianship Orders.

Court Order for Release of Library Records
The Library Director shall comply fully with a court order to release or disclose library records if that court order was properly obtained under Section 3(2) of the Michigan Library Privacy Act (MCL 397.603). The court may issue an order for disclosure only "after giving the affected library notice of the request and an opportunity to be heard thereon." The Library Director may consult with the City Attorney regarding the sufficiency of any court order or legal process before proceeding.

Release of Records to Liable Person
The Library will disclose the Library record of a patron, i.e. specific information as to which materials are overdue or lost, to the person who is liable and financially responsible only after normal procedures for the return of, or payment for, these materials have been initiated and the consent for release form has been signed as provided under Section 3(2) of the Library Privacy Act (MCL 397.603). [See Addenda C: Resolution adopted by the Library Board of Trustees on May 21, 1997]

Violation of Policy
All Library employees who have custody, control or access to library records shall abide by this policy or shall be liable to the person identified in a record that is improperly released or disclosed as provided under Section 4 (MCL 397.604). Failure to comply with the Michigan Library Privacy Act, or these regulations, may subject them to a civil fine of $250.00 or actual damages, whichever is greater; reasonable attorney's fees; and the costs of bringing the action as provided under Section 4 (MCL 397.604).

ADDENDA A (DELETED)

ADDENDA B.1

Library Privacy Waiver Form:
Holds Authorization Form (Sent With Holds Notice)

ADDENDA B.2

Library Privacy Waiver Form:
Authorization To Pick Up Items Being Held

ADDENDA B.3

Library Privacy Waiver Form:
Authorization to Release Records to a Third Party

ADDENDA C

Michigan Library Privacy Act

That as part of the East Lansing Public Library Circulation Policy and as allowed under the amendment to the Library Privacy Act, the Library will disclose the library record of a patron, ie., specific information as to which materials are overdue or lost, to the person financially responsible only after normal procedures for the return of, or payment for, these materials have been initiated and the consent for release for has been signed.

Board Resolution: May 21, 1997

Michigan Library Privacy Act

THE LIBRARY PRIVACY ACT

Act 455 of 1982

AN ACT to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials.
History: 1982, Act 455, Eff. Mar. 30, 1983 .

The People of the State of Michigan enact:

397.601 Short title.
Sec. 1.
This act shall be known and may be cited as "the library privacy act".
History: 1982, Act 455, Eff. Mar. 30, 1983 .

397.602 Definitions.
Sec. 2.
As used in this act:
(a) "Computer" means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program, and that can store, retrieve, alter, or communicate the results of the operations, to a person, computer program, computer, computer system, or computer network.
(b) "Computer network" means the interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of 2 or more interconnected computers.
(c) "Computer program" means a series of internal or external instructions communicated in a form acceptable to a computer that directs the functioning of a computer, computer system, or computer network in a manner designed to provide or produce products or results from the computer, computer system, or computer network.
(d) "Computer system" means a set of related, connected or unconnected, computer equipment, devices, software, or hardware.
(e) "Device" includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses.
(f) "Harmful to minors" means that term as it is defined in section 4 of 1978 PA 33, MCL 722.674.
(g) "Internet" means that term as defined in section 230 of title II of the communications act of 1934, chapter 652, 110 Stat. 137, 47 U.S.C. 230.
(h) "Library" includes a library that is established by the state; a county, city, township, village, school district, or other local unit of government or authority or combination of local units of governments and authorities; a community college district; a college or university; or any private library open to the public.
(i) "Library record" means a document, record, or other method of storing information retained by a library that contains information that personally identifies a library patron, including the patron's name, address, or telephone number, or that identifies a person as having requested or obtained specific materials from a library. Library record does not include nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general.
(j) "Minor" means an individual who is less than 18 years of age.
(k) "Obscene" means that term as it is defined in section 2 of 1984 PA 343, MCL 752.362.
(l) "Sexually explicit matter" means that term as it is defined in section 3 of 1978 PA 33, MCL 722.673.
(m) "Terminal" means a device used to access the internet or a computer, computer program, computer network, or computer system.
History: 1982, Act 455, Eff. Mar. 30, 1983 ;--Am. 1998, Act 7, Imd. Eff. Feb. 6, 1998 ;--Am. 1999, Act 37, Eff. Aug. 1, 1999 .

397.603 Library record not subject to disclosure requirements; release or disclosure of library record without consent prohibited; exception; procedure and form of written consent; hearing.
Sec. 3.
(1) Except as provided in subsection (2), a library record is not subject to the disclosure requirements of the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
(2) Unless ordered by a court after giving the affected library notice of the request and an opportunity to be heard on the request, a library or an employee or agent of a library shall not release or disclose a library record or portion of a library record to a person without the written consent of the person liable for payment for or return of the materials identified in that library record.
(3) The procedure and form of giving written consent described in subsection (2) may be determined by the library.
(4) A library may appear and be represented by counsel at a hearing described in subsection (2).
History: 1982, Act 455, Eff. Mar. 30, 1983 ;--Am. 1996, Act 188, Imd. Eff. May 8, 1996 .

397.604 Violation of § 397.603; liability; civil action; damages; attorney fees and costs.
Sec. 4.
A library or an agent or employee of a library which violates section 3 shall be liable to the person identified in a record that is improperly released or disclosed. The person identified may bring a civil action for actual damages or $250.00, whichever is greater; reasonable attorney fees; and the costs of bringing the action.
History: 1982, Act 455, Eff. Mar. 30, 1983 .

397.605 Selection and use of library materials.
Sec. 5.
(1) Except as otherwise provided by statute or by a regulation adopted by the governing body of the library, the selection of library materials for inclusion in a library's collection shall be determined only by an employee of the library.
(2) Except as otherwise provided by law or by a regulation adopted by the governing body of the library, the use of library materials shall be determined only by an employee of the library.
History: 1982, Act 455, Eff. Mar. 30, 1983 .

397.606 Restriction of internet access to minors; immunity from liability; exceptions.
Sec. 6.
(1) If a library offers use of the internet or a computer, computer program, computer network, or computer system to the public, the governing body of that library shall adopt and require enforcement of a policy that restricts access to minors by providing the use of the internet or a computer, computer program, computer network, or computer system in 1 of the following ways:
(a) Both of the following:
(i) By making available, to individuals of any age, 1 or more terminals that are restricted from receiving obscene matter or sexually explicit matter that is harmful to minors.
(ii) By reserving, to individuals 18 years of age or older or minors who are accompanied by their parent or guardian, 1 or more terminals that are not restricted from receiving any material.
(b) By utilizing a system or method that is designed to prevent a minor from viewing obscene matter or sexually explicit matter that is harmful to minors.
(2) A governing body of a library, member of a governing body of a library, library, or an agent or employee of a governing body of a library or library, is immune from liability in a civil action as provided in section 7 of the revised judicature act of 1961, 1961 PA 236, MCL 691.1407.
(3) This section does not apply to a library established by a community college district, a college or university, or a private library open to the public.
History: Add. 1999, Act 37, Eff. Aug. 1, 1999 ;--Am. 2000, Act 212, Eff. Oct. 1, 2000 .

ADDENDA D

Parent/Guardian Consent Form:
Release of Minor Child's Library Records

APPENDIX A

Renewal of Borrower Cards Schedule

For library card charges and proof of residency, property ownership, etc., see Section III: ELIGIBILITY OF BORROWERS - General Policy.

 

APPENDIX B

Materials Loan Periods

APPENDIX C

Library Overdue Fine Schedule

APPENDIX D

Non-Resident Borrower Card Fee Schedule (effective July 1, 2010)

APPENDIX E

Schedule of Notices for Overdue/Bill for Replacement

Adopted by the Library Board of Trustees
August 28, 2002

Revised: January 15, 2003
Revised: January 21, 2004
Revised: June 21, 2006
Revised: December 20, 2006
Revised: March 28, 2007
Revised: June 20, 2007
Revised: September 19, 2007
Revised: April 21, 2010
Revised: May 18, 2011
Revised: July 17, 2013
Revised: March 18, 2015
Revised: August 19, 2020