LRB-3634/1
MJL:mfd:hmh
1997 - 1998 LEGISLATURE
August 5, 1997 - Introduced by
Joint Legislative Council. Referred to Committee
on Education.
SB269,2,5
1An Act to repeal 43.11 (2), 43.11 (4) and 43.24 (2) (c);
to renumber and amend
243.15 (4) (c) 5., 43.19 (1) (b) and 43.64 (2);
to amend 43.001 (1) (e), 43.09 (2),
343.11 (1), 43.11 (3), 43.15 (2) (c) 1. and 2. and (d), 43.15 (4) (a), 43.18 (1) (a), 43.18
4(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
5(2) (e), 43.24 (2) (g), 43.24 (2) (k), 43.52 (1m), 43.54 (1) (a), 43.54 (3) and 43.58
6(6) (a);
to repeal and recreate 43.15 (1) (a) and (b); and
to create 16.99 (3),
743.05 (14), 43.11 (3) (d), 43.12, 43.15 (3) (c), 43.15 (4) (c) 5. a., b. and c., 43.17
8(2m), 43.19 (1) (b) 2., 43.24 (1) (a) 4., 43.24 (2) (fm), 43.24 (2) (i), 43.24 (6), 43.58
9(6) (c), 43.64 (2) (a) and (b) 1. and 2., 43.64 (2m) and 43.75 of the statutes;
10relating to: the number of members on the system board in certain federated
11library systems; nomination and approval of members of a library system board
12in a federated public library system; public library advisory committees;
13exemption from the county property tax levy for library services; the
14establishment by counties of standards for public libraries; convening a public
15library and school library technology conference; public library system aids;
16reports on the effectiveness of public library systems; withdrawal from and
17participation in public library systems; appeals to the state superintendent of
1public instruction of a county library board or county board of supervisors'
2disapproval of a town's request to establish a public library; authorizing private
3colleges and universities to participate in telecommunications networks; and
4requiring counties to pay public libraries for services provided to residents of
5the county that reside in municipalities that do not maintain public libraries.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the joint legislative council in
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
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.
D. OPTIONAL STANDARDS IN PLAN OF LIBRARY SERVICES FOR COUNTY
This bill permits the plan of library services for a county to include standards
for public libraries in the county. The standards take effect if, after a public hearing,
they are approved by at least 80% of the population of participating municipalities in
the county.
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.
I. TOWN APPEAL OF LIBRARY BOARD OR COUNTY BOARD DECISION
DISAPPROVING CREATION OF OR PARTICIPATION IN LIBRARY
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 bill permits a town to appeal a
denial to the state superintendent of public instruction, who must hold a public
hearing on the appeal within 60 days after receiving notice of it and decide the appeal
within 30 days after the adjournment of the public hearing.
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.
K. DIVISION INVESTIGATION OF SYSTEM EFFECTIVENESS
This bill requires DLCL to conduct an investigation 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 that the public library
system did not provide effective leadership and adequately meet the needs of the
library. If DLCL determines that the public library system did not provide effective
leadership and adequately meet the needs of libraries participating in the system, it
must prepare a plan recommending how the public library system can do so in the
future. The plan must 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.
L. PUBLIC LIBRARY AND SCHOOL LIBRARY TECHNOLOGY CONFERENCE
This bill requires the state superintendent of public instruction to convene a
conference on issues relating to public library and school library technology. Based on
recommendations made by the conference, the state superintendent must submit a
report and a state plan, which must be updated annually, to the governor and the
legislature not later than March 1, 1999.
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.