43.05
43.05
General duties of the division. The division shall:
43.05(1)
(1) Coordinate and conduct continuing education programs for librarians of school library media programs, public libraries, public library systems and institutional library programs.
43.05(2)
(2) As it deems appropriate, assist libraries in the identification and recruitment of qualified personnel.
43.05(3)
(3) Provide professional and technical advisory, consulting and informational services to assist:
43.05(3)(a)
(a) School districts establishing, maintaining or expanding school library media programs and facilities;
43.05(3)(b)
(b) Public libraries, municipalities establishing, maintaining or expanding public libraries, counties establishing, maintaining or expanding public library services, public library systems and their governing bodies;
43.05(4)
(4) Collect library statistics and conduct studies and surveys of library needs throughout the state and report and publish the findings. The research shall be coordinated with statewide library planning.
43.05(5)
(5) Designate a librarian to serve as a coordinator of activities for state document depository libraries under
ss. 35.81 to
35.835 and to fulfill its responsibilities under
ss. 35.81 to
35.835.
43.05(6)
(6) Recommend and distribute standards for school library programs and facilities to school library media programs, standards for public libraries to public library governing bodies and standards for institutional library programs to governing bodies and administrators of institutional library programs and to heads of departments, as defined under
s. 15.01 (8), which administer institutional libraries.
43.05(8)
(8) Establish standards for and issue certificates to public librarians under
s. 43.09 (1).
43.05(9)
(9) Approve the establishment of public library systems under
s. 43.13.
43.05(10)
(10) Administer aids to public library systems under
s. 43.24.
43.05(11)
(11) Maintain a reference and loan library to supplement the collections of all types of libraries in this state by providing specialized materials not appropriately held and information sources not provided by local libraries or readily available from other area or state-level resource providers. The library shall provide specialized information services to state agency libraries and state employes, institution libraries, public library systems, public libraries, school libraries and other types of libraries according to policies developed by the division. Library and information services may include development of collections of specialized materials, interlibrary loan services, reference services, provision of data base search services and maintenance of a statewide data base of library materials. The library may contract with state agencies and libraries to provide library material cataloging and processing services.
43.05(12)
(12) Assist the council on library and network development in the preparation of the descriptive and statistical report to be prepared by the council under
s. 43.07 (5).
43.05(13)
(13) Carry out such other programs and policies as directed by the department.
Effective date note
NOTE: Sub. (13) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(13) Carry out such other programs and policies as directed by the state superintendent.
43.07
43.07
Council on library and network development. The department and the division shall seek the advice of and consult with the council on library and network development in performing their duties in regard to library service. The secretary or the administrator of the division shall attend every meeting of the council. The council may initiate consultations with the department and the division. The council shall:
Effective date note
NOTE: Section 43.07 (intro.) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
43.07 Council on library and network development. The state superintendent and the division shall seek the advice of and consult with the council on library and network development in performing their duties in regard to library service. The state superintendent or the administrator of the division shall attend every meeting of the council. The council may initiate consultations with the department and the division. The council shall:
43.07(1)
(1) Make recommendations to the division in regard to the development of standards for the certification of public librarians and standards for public library systems under
s. 43.09.
43.07(2)
(2) Advise the secretary in regard to the general policies and activities of the state's program for library development, interlibrary cooperation and network development.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(2) Advise the state superintendent in regard to the general policies and activities of the state's program for library development, interlibrary cooperation and network development.
43.07(3)
(3) Advise the secretary in regard to the general policies and activities of the state's program for the development of school library media programs and facilities and the coordination of these programs with other library services.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(3) Advise the state superintendent in regard to the general policies and activities of the state's program for the development of school library media programs and facilities and the coordination of these programs with other library services.
43.07(4)
(4) Hold a biennial meeting for the purpose of discussing the report submitted by the department under
s. 43.03 (3) (d). Notice of the meeting shall be sent to public libraries, public library systems, school libraries and other types of libraries and related agencies. After the meeting, the council shall make recommendations to the department regarding the report and any other matter the council deems appropriate.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(4) Hold a biennial meeting for the purpose of discussing the report submitted by the state superintendent under s. 43.03 (3) (d). Notice of the meeting shall be sent to public libraries, public library systems, school libraries and other types of libraries and related agencies. After the meeting, the council shall make recommendations to the state superintendent regarding the report and any other matter the council deems appropriate.
43.07(5)
(5) On or before July 1 of every odd-numbered year, transmit to the department a descriptive and statistical report on the condition and progress of library services in the state and recommendations on how library services in the state may be improved. The department shall include the report as an addendum to the department's biennial report under
s. 15.04 (1) (d).
Effective date note
NOTE: Sub. (5) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(5) On or before July 1 of every odd-numbered year, transmit to the state superintendent a descriptive and statistical report on the condition and progress of library services in the state and recommendations on how library services in the state may be improved. The state superintendent shall include the report as an addendum to the department's biennial report under s. 15.04 (1) (d)
43.07(6)
(6) Review that portion of the budget of the department relating to library service. Recommendations of the council in regard to the budget shall accompany the department's budget request to the governor.
43.07(7)
(7) Receive complaints, suggestions and inquiries regarding the programs and policies of the department relating to library and network development, inquire into such complaints, suggestions and inquiries, and advise the secretary and the division on any action to be taken.
Effective date note
NOTE: Sub. (7) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(7) Receive complaints, suggestions and inquiries regarding the programs and policies of the department relating to library and network development, inquire into such complaints, suggestions and inquiries, and advise the state superintendent and the division on any action to be taken.
43.09
43.09
Certificates and standards. 43.09(1)
(1)
Public librarians. The division shall issue certificates to public librarians and promulgate, under
ch. 227, necessary standards for public librarians. The qualifications for public librarians shall be based on education, professional training and experience. Certificates already granted prior to December 17, 1971, shall remain in effect.
43.09(2)
(2) Public library systems. The division, by rule, shall promulgate necessary standards for public library systems. 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.
43.11
43.11
County library planning committees. 43.11(1)
(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 library board, determines to appoint a committee under this section, the existing library board shall serve as the county library planning committee. The county board shall notify the division immediately upon appointment of the committee.
43.11(2)(a)(a) The county library planning committee shall be composed of not less than 7 nor more than 15 members. The residence of members shall reflect the population distribution within the county. The membership shall include representatives of existing public libraries in the county. One member only shall be a member of the county board. Appointments shall be for 3 years or until the committee's final report is accepted by the county board and the division, whichever occurs first.
43.11(2)(b)
(b) Annually, the committee shall select a chairperson, vice chairperson and secretary from its membership. The committee shall meet at least once every 3 months and more often on the call of the chairperson or a majority of its members.
43.11(3)(a)(a) The committee shall investigate the potential of a public library system in the county and adjacent counties, and prepare a plan for the organization of a county or multicounty system. It shall conduct public hearings to which representatives of all libraries in the county shall be invited and shall cooperate with similar committees of adjoining counties for the purpose of planning multicounty public library systems.
43.11(3)(b)
(b) The committee's final report, including a plan for initial and long-range services and copies of any written agreements necessary to implement the proposed system, shall be filed with the county board and submitted to the division. Plans for multicounty systems shall include a method for allocating system board membership among the member counties.
43.11(3)(c)
(c) The plan of library service for a county, whether for a single county or a multicounty system, shall provide for library services to residents of those municipalities in the county not maintaining a public library under this chapter. The services shall include full access to public libraries in the county participating in the public library system and may include books-by-mail service, bookmobile service, the establishment of additional libraries or other services deemed appropriate by the committee. Services may be provided by contracting with existing public libraries in the county or in adjacent counties or with the public library system or by creating a county library organization under this chapter. The plan of library service for a county may provide for improving public library service countywide and in municipalities that have libraries. The plan shall specify the method and level of funding to be provided by the county to implement the services described in the plan and shall describe the services to be provided by the public library system and the allocation of state and county aid to fund those services.
43.11(4)
(4) Dissolution. The committee shall be dissolved either after 3 years or when its final report has been accepted both by the division and the county board, whichever occurs first.
43.13
43.13
Division review. 43.13(1)(a)(a) No public library system may be established without the approval of the division. In reviewing final reports submitted by county library planning committees, the division shall consider, in addition to the standards set forth in
s. 43.15, the proposed system territory, organization and financing, initial and long-range plans for library services, the role of existing multi-jurisdictional service programs in the territory and plans for cooperation with adjoining systems and with other kinds of libraries in the territory.
43.13(1)(b)
(b) If the division approves a final report, it shall report such approval to the appropriate county boards and county library planning committees. Upon acceptance by the county boards, the division shall certify to the appropriate county boards the establishment of the public library system proposed by the report, specifying the effective date of the establishment of the system.
43.13(2)
(2) A public library system board may submit to the division a plan for the alteration in the territory included within the system or for a change in system organization from a federated to a consolidated system or vice versa. If the change proposed by the plan is approved, the division shall certify such fact to the system board, specifying the effective date of the change.
43.13(3)
(3) The effective date of the establishment of a system under
sub. (1) or of a change under
sub. (2) shall be January 1 of the year specified by the division, except that the effective date of the establishment of a system approved prior to March 1, 1972, may be either January 1 or March 1, 1972.
43.13(4)
(4) Any decision by the division under this section may be appealed to the department.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(4) Any decision by the division under this section may be appealed to the state superintendent.
43.13 History
History: 1971 c. 152;
1995 a. 27.
43.15
43.15
Standards for public library systems. A public library system shall not be established unless it meets the requirements under this section.
43.15(1)
(1) Population. The territory within the system shall:
43.15(1)(a)
(a) Contain at least one public library established under
s. 43.52 in a city which, at the time of the system's establishment, has a population of more than 30,000. Any contractual arrangement existing on December 17, 1971, among a number of units of government whose territory consists of at least 3,500 square miles, and under which a multi-jurisdictional library service program is operated, which meets the requirements of this section other than the requirement for a city having a population of 30,000 or more shall be deemed to meet such requirement.
43.15(1)(b)
(b) Have, at the time of its establishment, a population of 85,000 or more. Temporary certification shall be given to those systems which the 1970 census shows to have a population of at least 80,000. After January 1, 1981, no new system may be established, nor may a system be continued under temporary certification, containing territory having a total population of less than 85,000.
43.15(2)(a)(a) Each county proposed to be included within a system shall demonstrate, to the satisfaction of the division, its ability to provide adequate funding to implement the plan submitted under
s. 43.11 (3) and the report submitted under
s. 43.13 (1).
43.15(2)(b)
(b) The county shall maintain its support for library services at a level not lower than the average of the previous 3 years.
43.15(2)(c)
(c) If a city, village, town or school district that contributed to the county tax in the previous year is granted an exemption from the county tax under
s. 43.64 (2) for the current year, the 3-year average under
par. (b) shall be calculated as follows:
43.15(2)(c)1.
1. Subtract the previous year's equalized valuation of that portion of the city, village, town or school district that is located in the county from the previous year's equalized valuation of the county.
43.15(2)(c)2.
2. Divide the remainder under
subd. 1. by the previous year's equalized valuation of the county.
43.15(2)(c)3.
3. Multiply the quotient under
subd. 2. by the county's average support for library services for the previous 3 years.
43.15(2)(d)
(d) For the year following a year for which an exemption is granted under
s. 43.64 (2), the product calculated under
par. (c) 3. shall be the amount used as the annual county support level for the 2 preceding years for the purpose of calculating the 3-year average under
par. (b). For the 2nd year following a year for which an exemption is granted under
s. 43.64 (2), the product calculated under
par. (c) 3. shall be the amount used as the annual county support level for the 2nd year preceding the year for which the exception is granted for the purpose of calculating the 3-year average under
par. (b).
43.15(2)(e)
(e) The division shall adjust the 3-year average requirement under
par. (b) in any year, as necessary, to reflect the cost savings resulting from the consolidation or sharing of library services if the county does all of the following:
43.15(2)(e)1.
1. Demonstrates, to the satisfaction of the division, that the county's support for library services is or will be lower than otherwise required by
par. (b) because library services supported by the county have been or will be consolidated or shared.
43.15(2)(e)2.
2. Submits a plan demonstrating, to the satisfaction of the division, that services to library patrons following the consolidation or sharing of services will be at least substantially equivalent to the services available to patrons before the consolidation or sharing.
43.15(3)(a)(a) A consolidated system shall consist of one county only. A federated system shall consist of one or more counties.
43.15(3)(b)
(b) No more than one system may be established within a single county. If the territory of a municipality lies in 2 or more counties which are not in the same public library system, the municipal library board or, if no such board exists, the municipal governing body shall determine the system in which the municipality will participate.
43.15(4)(a)(a) A public library system may be organized as a single-county federated public library system, a multicounty federated public library system or a single-county consolidated public library system. A single-county public library system, whether federated or consolidated, may become part of a multicounty federated public library system by written agreement of the county board.
43.15(4)(b)
(b) A county may participate in a federated public library system if it does all of the following:
