SB269: Bill Text

SB269, s. 24 Section 24. 43.24 (1) (a) 4. of the statutes is created to read:

SB269,17,14 43.24 (1) (a) 4. In the 2nd calendar year following the first fiscal year that the total amount of state aid appropriated for public library systems under s. 20.255 (3) (e) equals at least 13% of the total operating expenditures under subd. 3. and in every calendar year thereafter, an amount equal to 2% of the total operating expenditures specified under subd. 3.

Note: 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 (the expenditure factor) by counties and municipalities within the public library system for public library services in the 2nd preceding calendar year. The area and expenditure payments for each system are totaled and subtracted from the total state library aid appropriation. The remaining amount is then divided by the population of all public library systems to establish a per capita amount. Each public library system's aid payment is computed by multiplying the public library system's population by the per capita amount and adding to this product the amounts generated by the public library system's area and expenditure factors.

These Sections provide for a reduction in the expenditure factor from 4% to 2% of total operating expenditures in the 2nd calendar year following the first fiscal year that the total amount of state aid appropriated for public library systems equals 13% of the total operating expenditures and for every calendar year thereafter.

SB269, s. 25 Section 25. 43.24 (2) (a) of the statutes is amended to read:

SB269,18,7 43.24 (2) (a) Interlibrary Written agreements to provide, to any resident of the system area, the same library services, on the same terms, that are provided to the residents of the municipality or county that established the member library, except for the group programming preference authorized under s. 43.15 (4) (c) 4., and to provide for the interlibrary loan of materials among all participating public libraries, as evidenced by agreements with those libraries.

Note: Current law provides, as a condition of receiving state aid, that a public library system provide, among other things, interlibrary loan of materials among all participating libraries. Current law also provides that a municipal, county or joint public library may participate in a public library system if, among other things, it enters into a written agreement with a public library system board to participate in the interlibrary loan of materials and to provide the same library services, on the same terms, to residents of the municipality or county that establishes the member library. This Section makes the requirements in the 2nd provision requirements for receiving state aid.

SB269, s. 26 Section 26. 43.24 (2) (b) of the statutes is amended to read:

SB269,18,11 43.24 (2) (b) Backup reference, information and interlibrary loan services from the system resource library, including the development of and access to specialized collections, as evidenced by a written agreement with that library.

SB269, s. 27 Section 27. 43.24 (2) (c) of the statutes is repealed.

SB269, s. 28 Section 28. 43.24 (2) (d) of the statutes is amended to read:

SB269,18,16 43.24 (2) (d) Referral or routing of reference and interlibrary loan requests from libraries within the system to libraries within and outside the system, as evidenced by a plan and service program.

SB269, s. 29 Section 29. 43.24 (2) (e) of the statutes is amended to read:

SB269,19,4 43.24 (2) (e) In-service training for and professional consultation with participating public library personnel within the system as evidenced by a plan and a service program and trustees.

Note: These Sections require a public library system to provide professional consultation with participating library personnel and trustees and to provide information services from the system resource library.

SB269, s. 30 Section 30. 43.24 (2) (fm) of the statutes is created to read:

SB269,19,7 43.24 (2) (fm) Electronic delivery of information and physical delivery of library materials to participating libraries.

Note: This Section requires a public library system to provide library materials physically and information electronically to participating libraries.

SB269, s. 31 Section 31. 43.24 (2) (g) of the statutes is amended to read:

SB269,19,10 43.24 (2) (g) Service agreements with all adjacent library systems as evidenced by the agreements.

SB269, s. 32 Section 32. 43.24 (2) (i) of the statutes is created to read:

SB269,19,14 43.24 (2) (i) Any other service programs designed to meet the needs of participating public libraries and the residents of the system area, as determined by the public library system board after consultation with participating public libraries.

Note: These Sections provide that a public library system, to qualify for and maintain its eligibility for state library aids, must provide additional service programs based on the needs of its member libraries and residents of the system area.

SB269, s. 33 Section 33. 43.24 (2) (k) of the statutes is amended to read:

SB269,19,20 43.24 (2) (k) Continuous planning with the division and with participating public libraries and counties in the areas in regard to providing Promotion and facilitation of library service to users with special needs and the coordination and implementation of a plan of service as evidenced by the written plan and documentation of its implementation.

Note: This Section requires that a public library system, to qualify for and maintain its eligibility for state library aids, promote and facilitate library services to users with "special needs".

SB269, s. 34 Section 34. 43.24 (6) of the statutes is created to read:

SB269,20,8 43.24 (6) In submitting information under s. 16.42 for purposes of the biennial budget bill, the department shall include an amount for the appropriation under s. 20.255 (3) (e) for each fiscal year of the fiscal biennium equal to 13% of the total operating expenditures for public library services, in territories anticipated to be within all systems in the state, from local and county sources in the calendar year immediately preceding the calendar year for which aid under this section is to be paid.

SB269, s. 35 Section 35. 43.52 (1m) of the statutes is amended to read:

SB269,21,2 43.52 (1m) On and after April 10, 1986, any town desiring to establish a new public library or participate in a joint library under s. 43.53 shall in addition to the requirement under sub. (1) obtain the approval of the county library board, if one exists, and the county board of supervisors before final action is taken. The county library board and the county board of supervisors shall render decisions within 90 days of the request being received. A town may appeal a denial to the state superintendent. The state superintendent shall hold a public hearing on the appeal within 60 days after receiving notice of the appeal. The state superintendent shall publish a class 1 notice under ch. 985 of the hearing and shall also provide notice of the hearing to the town board, the county board of supervisors and the county library board. The state superintendent shall decide the appeal within 30 days after the adjournment of the public hearing. The state superintendent may approve the establishment of a new public library or participation in a joint library notwithstanding the disapproval by the county library board or the county board of supervisors.

Note: Under current law, any town that desires to establish a new public library or to participate in a joint library must obtain the approval of the county library board, if one exists, and the county board of supervisors. This Section provides that a town may appeal to the state superintendent of public instruction a decision of the county library board or the county board of supervisors that disapproves the creation by the town of a new public library or the participation by the town in a joint library. The state superintendent is required to: 1) hold a public hearing on the appeal within 60 days after receiving notice of it; and 2) decide the appeal within 30 days after the adjournment of the public hearing. The state superintendent may approve the creation by the town of a new public library or the participation by the town in a joint library notwithstanding the disapproval by the county library board or the county board of supervisors.

SB269, s. 36 Section 36. 43.54 (1) (a) of the statutes is amended to read:

SB269,21,14 43.54 (1) (a) Each public library established under s. 43.52 shall be administered by a library board composed in each city of the 2nd or 3rd class or school district of 9 members, in each city of the 4th class of 7 members and in each village, town, tribal government or tribal association of 5 members. Two additional members may be appointed to a library board for a village, town, tribal government or tribal association so that the board has 7 members. Members shall be residents of the municipality, except that not more than 2 members may be residents of towns adjacent to the municipality other municipalities. Members shall be appointed by the mayor, village president, town chairperson, tribal chairperson or school board chairperson, respectively, with the approval of the municipal governing body. Up to 2 additional members may be appointed under s. 43.60 (3).

Note: Current law specifies that not more than 2 members of a municipal library board may be residents of towns adjacent to the municipality. This Section provides that not more than 2 members of the board may be residents of other municipalities.

SB269, s. 37 Section 37. 43.54 (3) of the statutes is amended to read:

SB269,22,6 43.54 (3) In any city of the 2nd or 3rd class, the common council may, by a two-thirds vote, provide for the reduction of the number of appointive members of the library board to 7. Thereupon, whenever a term expires or a vacancy occurs, no appointment shall be made until the number of such members has been so reduced, whereupon the remaining members shall be by lot divided by the common council into 3 classes, 3 to serve for 3 years, 2 to serve for 2 years and 2 to serve for one year, respectively, from the date of such completed reduction, and thereafter each regular appointment shall be for a term of 3 years, from the succeeding July 1.

Note: This Section repeals the requirement that library board members be appointed for a term of years on a date that begins on the succeeding July 1.

SB269, s. 38 Section 38. 43.58 (6) (a) of the statutes is amended to read:

SB269,22,18 43.58 (6) (a) Within 30 60 days after the conclusion of the fiscal year of the municipality or county in which the public library is located, the library board shall make a report to the division and to its governing body. The report shall state the condition of the library board's trust and the various sums of money received for the use of the public library during the year, specifying separately the amounts received from appropriations, from the income of trust funds, from rentals and other revenues of the public library and from other sources. The report shall state separately the condition of the permanent trust funds in the library board's control, shall state in detail the disbursements on account of the public library during that fiscal year and shall contain an estimate of the needs of the public library for the next succeeding fiscal year.

Note: This Section allows public libraries to file annual reports with the governing body of the municipality and with DLCL within 60 days, rather than 30 days, after the conclusion of the fiscal year.

SB269, s. 39 Section 39. 43.58 (6) (c) of the statutes is created to read:

SB269,23,4 43.58 (6) (c) The report to the division shall contain a statement by the library board indicating whether the public library system in which the library participated during the year of the report 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. The division shall design the form of the statement so that it may be removed from the report and forwarded to the division before it is sent to the public library system.

Note: This Section requires library boards in their annual reports to DLCL 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. The report must contain an explanation of why the library board believes the public library system did or did not provide effective leadership and adequately meet the needs of the library.

SB269, s. 40 Section 40 . 43.64 (2) of the statutes is renumbered 43.64 (2) (b) (intro.) and to read:

SB269,23,16 43.64 (2) (b) (intro.) Any Except as provided in sub. (2m), any city, town, village or school district in a county levying a tax for public library service under sub. (1) shall, upon written application to the county board of the county, be exempted from the tax levy, if the city, town, village or school district making the application levies a tax for public library service and appropriates and expends for a library fund during the year for which the county tax levy is made a sum at least equal to the city's, town's, village's or school district's share of the sum levied by the county board for public library service under sub. (1) in the prior year. In this subsection, "library fund" means the funds raised by the city, town, village or school district by tax levy or appropriation under s. 43.52 (1). an amount calculated as follows:

SB269, s. 41 Section 41. 43.64 (2) (a) and (b) 1. and 2. of the statutes are created to read:

SB269,23,19 43.64 (2) (a) In this subsection, "library fund" means the funds raised by the city, village, town or school district by tax levy or appropriation under s. 43.52 (1).

SB269,24,2 (b) 1. Divide the amount of tax levied by the county for public library service under sub. (1) in the prior year by the equalized valuation of property in that area of the county that was subject to the county property tax levy for public library services in the prior year.

SB269,24,4 2. Multiply the amount determined under subd. 1. by the equalized valuation of property in the city, village, town or school district for the current year.

SB269, s. 42 Section 42 . 43.64 (2m) of the statutes is created to read:

SB269,24,10 43.64 (2m) No city, village, town or school district is exempt from the tax levy under sub. (2) for any year 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 standards approved under s. 43.11 (3) (d).

Note: Sections 40 to 42 provide that a city, village, town or school district is exempt from the county property tax levy for library services if the city, village, town or school district has complied with approved library standards, if any, and 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.

SB269, s. 43 Section 43. 43.75 of the statutes is created to read:

SB269,25,2 43.75 Public library and school library technology conference. (1) Convening the conference; conference report in general. On July 1, 1998, the state superintendent shall set a date or dates, sufficiently in advance of the reporting dates under sub. (4) (b), for the convening of a conference under this section. The state superintendent shall be the chairperson of the conference. Conference attendees shall, on the first day of the conference, select a vice chairperson and secretary for the conference. The state superintendent, in consultation with the department of administration, shall, before the first day of the conference, select chairpersons and vice chairpersons for any committees established by the state superintendent to discuss and make preliminary recommendations to the conference regarding any subjects under sub. (3).

SB269,25,4 (2) Participants at the conference. The conference under this section shall consist of the following participants:

SB269,25,5 (a) A representative from the division.

SB269,25,6 (b) A representative from the department of administration.

SB269,25,7 (c) Representatives from public library systems in this state.

SB269,25,8 (d) Representatives from resource public libraries in this state.

SB269,25,10 (e) Representatives from public libraries in municipalities of various sizes in this state.

SB269,25,11 (f) A representative from the Milwaukee public library system.

SB269,25,12 (g) A representative from libraries of University of Wisconsin System.

SB269,25,14 (h) A representative from libraries in private colleges and universities in this state.

SB269,25,15 (i) A representative from libraries of the technical college system.

SB269,25,17 (j) Representatives from organizations in this state representing the interests of municipalities and counties.

SB269,25,19 (k) Representatives from organizations representing educational media in the schools in this state.

SB269,25,21 (L) A representative from an organization representing school boards in this state.

SB269,25,22 (m) Representatives from organizations representing teachers in this state.

SB269,25,24 (n) A representative from an organization representing school administrators in this state.

SB269,25,25 (o) A representative from the educational technology board.

SB269,26,2 (p) A representative from the Wisconsin Advanced Telecommunications Foundation Board.

SB269,26,3 (q) A representative from the Wisconsin interlibrary loan services.

SB269,26,6 (r) A representative from a statewide data network providing services to higher education, primary and secondary schools and businesses that are interconnected with each other and connected to the internet.

SB269,26,7 (s) A representative from the educational communications board.

SB269,26,9 (t) Any other person the state superintendent or the department of administration determines to be important to the success of the conference.

SB269,26,13 (3) Subjects to be discussed at conference. In addition to public library or school library technology subjects the state superintendent or the department of administration consider appropriate, the conference shall include discussions of and make recommendations about the following subjects:

SB269,26,15 (a) How to provide public, school and other libraries with equitable access at a reasonable cost to information through advanced technology.

SB269,26,16 (b) Funding issues relating to use of and access to advanced library technology.

SB269,26,18 (c) Wiring and related practical problems of connecting libraries and library systems to permit access to advanced library technology.

SB269,26,19 (d) Telecommunications rates for voice data and video transmissions.

SB269,26,21 (e) Information available through technology and effective use of that information in public libraries.

SB269,26,23 (f) Automation of local public libraries, including technology training assistance for library staffs and the public.

SB269,26,25 (4) Conference report and recommendations; state plan. (a) After the conference under this section, the state superintendent shall do all of the following:

SB269,27,3 1. Prepare a report of the findings and recommendations of the conference in each of the subject areas under sub. (3), including recommended legislation to implement the recommendations of the conference.

SB269,27,8 2. In consultation with the department of administration, prepare a single state plan relating to each of the subject areas under sub. (3) that addresses major technological plans and processes occurring at the state level and specifies goals for the effective and efficient use of technology in public libraries and school libraries to improve the services they provide to the public and to students.

SB269,27,13 (b) A copy of the report and the state plan under par. (a) shall be submitted to the legislature in the manner provided under s. 13.172 (2) and to the governor not later than March 1, 1999. The state superintendent, in consultation with the department of administration, shall update the plan annually, beginning not later than March 1, 2000.

Note: This Section requires the state superintendent of public instruction to convene a conference on issues relating to public library and school library technology on a date established by the state superintendent. Based on recommendations made by the conference, the state superintendent must make a report and a state plan and submit them to the governor and the legislature not later than March 1, 1999. This Section also requires that the state plan, which is to be developed by the state superintendent in consultation with the department of administration, be updated annually, with copies of the updates submitted to the governor and the legislature.

SB269, s. 44 Section 44 . Effective date.

SB269,27,15 (1) This act takes effect on July 1, 1998.