Date of enactment: April 20, 1998
1997 Senate Bill 269 Date of publication*: May 4, 1998
* Section 991.11, Wisconsin Statutes 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1997 WISCONSIN ACT 150
An Act to repeal 43.11 (2), 43.11 (4) and 43.24 (2) (c); to renumber and amend 43.15 (4) (c) 5., 43.19 (1) (b) and 43.64 (2); to amend 43.001 (1) (e), 43.09 (2), 43.11 (1), 43.11 (3), 43.15 (2) (c) 1. and 2. and (d), 43.15 (4) (a), 43.18 (1) (a), 43.18 (3) (e), 43.19 (1) (a), 43.24 (1) (a) 3., 43.24 (2) (a), 43.24 (2) (b), 43.24 (2) (d), 43.24 (2) (e), 43.24 (2) (g), 43.24 (2) (k), 43.52 (1m), 43.54 (1) (a), 43.54 (3) and 43.58 (6) (a); to repeal and recreate 43.15 (1) (a) and (b); and to create 16.99 (3), 43.05 (14), 43.11 (3) (d), 43.12, 43.15 (3) (c), 43.15 (4) (c) 5. a., b. and c., 43.17 (2m), 43.19 (1) (b) 2., 43.24 (1) (a) 4., 43.24 (2) (fm), 43.24 (2) (i), 43.24 (6), 43.58 (6) (c), 43.64 (2) (a) and (b) 1. and 2. and 43.64 (2m) of the statutes; relating to: the number of members on the system board in certain federated library systems; nomination and approval of members of a library system board in a federated public library system; public library advisory committees; exemption from the county property tax levy for library services; the establishment by counties of standards for public libraries; public library system aids; reports on the effectiveness of public library systems; withdrawal from and participation in public library systems; appeals to the state superintendent of public instruction of a county library board or county board of supervisors' disapproval of a town's request to establish a public library; authorizing private colleges and universities to participate in telecommunications networks; and requiring counties to pay public libraries for services provided to residents of the county that reside in municipalities that do not maintain public libraries.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Prefatory note: This bill was created by the joint legislative council's special committee on public libraries. The bill contains proposals for miscellaneous revisions in statutes relating to public libraries and includes the following provisions:
A. REDUCED EXPENDITURE FACTOR IN LIBRARY SYSTEM AID FORMULA
Under current law, the amount of state aid given to a particular public library system is based upon a formula consisting of 3 factors: 1) the area of the public library system in square miles; 2) local expenditures for library services in the public library system; and 3) the population of the public library system. For each square mile of territory in a public library system, a single-county system receives $8 per year and a multicounty system receives $20 per year. Each public library system also receives 4% of total operating expenditures by counties and municipalities within the public library system for public library services in the 2nd preceding calendar year.
This bill reduces the "expenditure factor" in the public library system aid formula from 4% to 2% of the total operating expenditures by counties and municipalities within the public library system for public library services in the 2nd calendar year following the first fiscal year that the total amount of state aid appropriated for public library systems equals at least 13% of the total operating expenditures by counties and municipalities for library services.
B. COUNTY PAYMENT FOR LIBRARY SERVICES; EXCEPTION
The bill requires each county that has a population under 500,000 that does not maintain a consolidated public library for the county and that contains residents of municipalities that do not maintain a public library to pay each public library in the county an amount to reimburse the public library for services provided to those county residents. The amount is determined by multiplying the total number of loans of material the public library makes to county residents who do not reside in a municipality that maintains a public library by that public library's "unit costs" of providing loans of library materials. "Unit cost" is determined by dividing the total operational expenditures of the library for the applicable period, not including capital expenditures or expenditures of federal funds, by the total number of loans of material the public library makes during that period.
C. REVISED METHOD FOR CALCULATING COUNTY "MAINTENANCE OF EFFORT" REQUIREMENTS
Under current law, a county must generally maintain its financial support for library services at a level not lower than the average support of the previous 3 years (the "maintenance of effort" requirement). Property within a municipality is subject to the county property tax levy for library services unless the municipality appropriates and spends for a library fund a sum at least equal to the municipality's share of the tax levy for library services in the prior year. When a municipality previously subject to the county property tax levy for library services qualifies for this exemption from the tax, it may recalculate its maintenance of effort requirement and reduce its financial support for library services. This reduction is computed by subtracting the previous year's equalized valuation of tax-exempt property in the municipality from the equalized valuation of property in the county for the previous year and dividing the remainder by the previous year's equalized valuation of property in the county.
Under this bill, the reduction in the county's maintenance of effort requirement is computed by subtracting the previous year's equalized valuation of tax-exempt property in the municipality from the equalized valuation of property within the county that was subject to the county property tax levy for library services in the prior year and dividing the remainder by the previous year's equalized valuation of property within the county that was subject to the county property tax levy for library services in that year.
The bill also provides that funding from the state, the federal government or a private source that has been designated for library service by the source may not be included in determining whether a county has satisfied the maintenance of effort requirement. In addition, the bill provides that: 1) unspent funding appropriated in a prior year by the municipality or county for library services may not be included in the computation of whether a county has satisfied the maintenance of effort requirement for a succeeding year; and 2) funding for library services from a county must not be included for a municipal or joint public library in determining whether a county has satisfied the maintenance of effort requirement.
E. REQUIREMENTS FOR MUNICIPAL EXEMPTION FROM COUNTY PROPERTY TAX LEVY
This bill provides that a city, village, town or school district is exempt from the county property tax levy for library services only if the city, village, town or school district levies a property tax for library services and appropriates and expends for a library fund a sum at least equal to an amount determined by multiplying the county property tax rate for library services in the prior year by the equalized valuation of property in the city, village, town or school district in the current year.
The bill also specifies that no city, village, town or school district is exempt from the county property tax levy for library services if, by September 1 of the year preceding the year for which the tax is levied, the county board determines that the public library of the city, village, town or school district that is a member of the public library system has not complied with the approved standards, if any, for public libraries.
F. COUNTY LIBRARY PLANNING COMMITTEE
Under current law, if a county board, in a county where all public library service is administered or coordinated by an existing library board, decides to appoint a county library planning committee, the existing library board must serve as the county library committee. This bill specifies that this provision also applies where there is a single-county public library system board and that the existing library board is permitted, but not required, to serve as the planning committee. The bill also details the purposes of a county library planning committee.
G. PUBLIC LIBRARY ADVISORY COMMITTEE
This bill permits every public library board to appoint a public library advisory committee.
H. WITHDRAWAL FROM AND PARTICIPATION IN PUBLIC LIBRARY SYSTEMS
Under current law, if a county wishes to withdraw from a federated public library system whose territory lies within 2 or more counties, it must obtain the approval of the governing body of each participating municipality in the county.
This bill provides that a county may withdraw from a federated public library system whose territory lies within 2 or more counties if the governing bodies of participating municipalities that contain at least 80% of the population of participating municipalities in the county approval. This bill also provides that a municipality or county that has withdrawn or been expelled from a public library system must comply with the requirements of initial participation and must adopt a new plan for library service for the county before it may participate in a public library system.
J. REPORT TO DIVISION ON LIBRARY SYSTEM EFFECTIVENESS
This bill requires library boards, in their annual reports to the division of libraries and community learning (DLCL) in the department of public instruction, to include a statement indicating whether the public library system in which the library participates did or did not provide effective leadership and adequately meet the needs of the library and an explanation of why the library board believes so.
M. MISCELLANEOUS PROVISIONS
This bill also does all of the following:
1. Authorizes the department of administration (DOA) to allow regionally accredited 4-year nonprofit colleges and universities that are incorporated in this state or that have their regional headquarters and principal place of business in this state to participate in any telecommunications network administered by DOA.
2. Repeals statutory standards for administrative rules regulating public library systems and permits DLCL to promulgate necessary standards for public library systems.
3. Repeals the provision in current law specifying the composition of county library planning committees.
4. Revises county library planning requirements.
5. Repeals language authorizing county library planning committees to dissolve.
6. Revises minimum population requirements for public library systems.
7. Requires that all territory within a joint library be included in the same public library system. If the territory of a joint library lies in 2 or more counties that are not in the same public library system, the bill requires the joint library board or, if no such board exists, the governing bodies of the municipalities and counties forming the joint library, to determine the public library system in which the joint library will participate.
8. Deletes a provision in current law permitting a single-county public library system (federated or consolidated) to become a part of a multicounty federated system by written agreement of the county board and creates a provision permitting 2 systems to merge with the approval of: a) each public library system board; b) the county boards of the participating counties; and c) 51% of the participating public libraries in the system.
9. Requires that the system board of a federated public library system whose territory lies within a single county must be: a) nominated by the county executive, or by the county chairperson in a county without a county executive; and b) approved by the county board. Current law requires the system board to be appointed by the county board and does not specify a nomination process.
10. Specifies that in a federated public system whose territory lies within 2 or more counties, the members of the system board must be: a) nominated by the county executive in each county in the system, or by the county board chairperson in each county in the system without a county executive; and b) approved by each county board in the system. Current law requires the members of the system to be appointed by the county boards of the counties in the system, acting jointly, and does not specify a nomination process. The bill also permits the system board to consist of more than 20 members if the county boards, acting jointly, determine that each county in the system should be represented by at least 2 members on the system board. Current law limits the board in such a system to not more than 20 members.
11. Requires, as a condition of receiving state library aids, a public library system to develop additional service programs based on the needs of its member libraries and residents of the system area.
12. Provides that not more than 2 members of a municipal library board may be residents of other municipalities. Current law specifies that not more than 2 members may be residents of towns adjacent to the municipality.
13. Deletes the requirement in current law that library board members be appointed for a term of years on a date that begins on the succeeding July 1.
14. Allows public libraries to file annual reports with the governing body of the municipality and with DLCL within 60 days, rather than 30 days (current law), after the conclusion of the fiscal year.
N. EFFECTIVE DATE
The bill provides for July 1, 1998, as the effective date for the provisions in the bill.
150,1 Section 1. 16.99 (3) of the statutes is created to read:
16.99 (3) Private college and university participation in state telecommunications network. The department may allow regionally accredited 4-year nonprofit colleges and universities that are incorporated in this state or that have their regional headquarters and principal place of business in this state to participate in any telecommunications network administered by the department.
Note: This Section authorizes DOA to allow regionally accredited 4-year nonprofit colleges and universities that are incorporated in this state or that have their regional headquarters and principal place of business in this state to participate in any telecommunications network administered by DOA.
150,2 Section 2. 43.001 (1) (e) of the statutes is amended to read:
43.001 (1) (e) That the most effective use of library resources in this state can occur only through interlibrary cooperation among all types of libraries and the effective use of technology.
Note: This Section recognizes the importance of technology in library resource sharing.
150,3 Section 3. 43.05 (14) of the statutes is created to read:
43.05 (14) Conduct a review of a public library system if at least 30% of the libraries in participating municipalities that include at least 30% of the population of all participating municipalities state in the report under s. 43.58 (6) (c) that the public library system did not adequately meet the needs of the library. If the division determines that the public library system did not adequately meet the needs of libraries participating in the system, it shall prepare an advisory plan suggesting how the public library system can so do in the future, including suggestions designed to foster intrasystem communications and local dispute resolution. The advisory plan shall be distributed to the public library system board, the boards of all libraries participating in the system and the county boards of all counties participating in the system. In this subsection, "participating municipality" has the meaning given in s. 43.18 (1) (c).
150,4 Section 4. 43.09 (2) of the statutes is amended to read:
43.09 (2) Public library systems. The division, by rule, shall may promulgate necessary standards for public library systems. Such If promulgated, such rules shall be consistent with s. 43.15 and shall be established in accordance with ch. 227, except that the division shall hold a public hearing prior to adoption of any proposed rule. In addition to the notice required under s. 227.17, the division shall endeavor to notify each public library of such public hearings. Standards for public library systems shall be based on the population served, adequacy of the buildings and physical facilities, the qualifications and number of personnel, book resources and other library materials, financial support and such other standards as the division finds necessary to ensure adequate library service.
Note: This Section repeals statutorily specified bases for standards for administrative rules regulating public library systems and permits, rather than requires (current law), DLCL to promulgate necessary standards for public library systems.
150,5 Section 5. 43.11 (1) of the statutes is amended to read:
43.11 (1) Creation. Any county board may appoint a county library planning committee under this section. If a county board, in a county where all public library service is administered or coordinated by an existing county library board or where there is a single-county public library system board, determines to appoint a committee under this section, the existing library board shall may serve as the county library planning committee. The county board shall notify the division immediately upon appointment of the committee.
Note: Under current law, if a county board, in a county where all public library service is administered or coordinated by an existing library board, decides to appoint a county library planning committee, the existing library board must serve as the county library committee. This Section of the bill specifies that: 1) this provision also applies where there is a single-county public library system board; and 2) the existing library board is permitted, but not required, to serve as the planning committee.
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