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:
43.15(4)(b)2.
2. Provides the financial support for library services required under
sub. (2).
43.15(4)(b)3.
3. Enters into a written agreement with the public library system board to participate in the system and its activities and to furnish library services to residents of those municipalities in the county not maintaining a public library.
43.15(4)(c)
(c) A municipal, county or joint public library may participate in a public library system if it meets all of the following requirements:
43.15(4)(c)2.
2. Is located in a county that participates in a public library system.
43.15(4)(c)3.
3. Is authorized by its municipal governing body or county board to participate in the public library system.
43.15(4)(c)4.
4. Enters into a written agreement with the public library system board to participate in the system and its activities, to participate in interlibrary loan of materials with other system libraries and 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. This subdivision does not prohibit a municipal, county or joint public library from giving preference to its residents in library group programs held for children or adults if the library limits the number of persons who may participate in the group program.
43.15(4)(c)5.
5. Receives funding from the municipal or county governing body at a level that is not lower than the average of such funding received for the previous 3 years.
43.15(4)(c)6.
6. Employs a head librarian holding current public library certification from the department of education.
Effective date note
NOTE: Subd. 6. 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
6. Employs a head librarian holding current public library certification from the department of public instruction.
43.15(4)(d)
(d) A county may establish a consolidated public library system in which the included county and its underlying communities form a single system. The county may, for such purposes, take over and acquire any library property by consent of the authority controlling that property.
43.15(4)(e)
(e) The division shall adjust the 3-year average requirement under
par. (c) 5. in any year, as necessary, to reflect the cost savings resulting from the consolidation or sharing of library services if the municipal governing body or county board does all of the following:
43.15(4)(e)1.
1. Demonstrates, to the satisfaction of the division, that the funding provided by the municipality or county for library services is or will be lower than otherwise required by
par. (c) 5. because library services for which the funding is appropriated have been or will be consolidated or shared.
43.15(4)(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 Annotation
A county having a population in excess of 85,000 and which does not presently operate and maintain a library but which contains a city of over 30,000 operating a library, can establish a single-county federated library system. Secs. 43.15 (4) (a) and 43.19. 63 Atty. Gen. 142.
43.16
43.16
Resource libraries. 43.16(1)(a)(a) Each public library system shall have at least one system resource library. Annually, prior to the expiration of its agreement with its existing system resource library, the public library system board shall negotiate with the member public library with the largest annual operating budget of all member libraries to serve as a system resource library in the following year. If the board and the proposed resource library are unable to reach an agreement for the following year before the expiration date of any existing agreements with resource libraries, the existing agreements shall be extended for one year or until an agreement is reached with that proposed resource library, whichever occurs earlier. The division shall notify the public library system board, the existing resource libraries and the proposed resource library of the extension and, during the period of extension, shall attempt to mediate an agreement between the public library system board and the proposed resource library. If the division determines that the public library system board and the proposed system resource library are unable to reach an agreement before the end of the one-year period, the division shall propose an alternative agreement, which shall be binding if it is acceptable to the proposed system resource library. If the alternative agreement is unacceptable to the proposed system resource library, the board shall negotiate with the member public library with the next largest annual operating budget of all member public libraries to serve as a system resource library in the following year.
43.16(1)(am)
(am) An existing contract may be extended under
par. (a) only if it was entered into on or after May 8, 1990.
43.16(1)(b)
(b) The procedure under
par. (a) shall be repeated with member public libraries in decreasing order of the size of their annual operating budgets until an agreement is reached with a member public library to serve as a system resource library. Except as provided in
par. (a), no agreement may extend beyond December 31 of any year.
43.16(2)
(2) If the member public library selected to serve as a system resource library under
sub. (1) fails to meet all of the following requirements, the system board shall enter into a supplementary contract with the academic library with the largest operating budget of all academic libraries in the system area, or with a resource library in an adjacent system, that meets all of the following requirements:
43.16(2)(a)
(a) The library has a collection of at least 100,000 volumes.
43.16(2)(b)
(b) The library is open to the public at least 50 hours each week.
43.16(2)(c)
(c) The library employs at least one full-time, permanent reference librarian with a master's degree in library science.
43.16 History
History: 1989 a. 286.
43.17
43.17
Public library systems; general provisions. 43.17(1)(1)
Board terms. Every public library system shall be governed by a board appointed under
s. 43.19 or
43.21. No person employed by a public library that is a member of a public library system may be appointed to the public library system board. Upon the initial establishment of a board, the members shall be divided as nearly as possible into 3 equal groups to serve for terms expiring on January 1 of the 2nd, 3rd and 4th years, respectively, following their appointment. Thereafter, regular terms shall be for 3 years and shall commence on January 1. Vacancies shall be filled for the unexpired term in the same manner as regular appointments are made.
43.17(2)
(2) Board organization and meetings. As soon as practicable after the initial establishment of a system, and thereafter in January of each year, the board shall organize by the election, from among its members, of a president and such other officers as it deems necessary. The board shall meet at least once every 2 months.
43.17(3)
(3) Fiscal year. The fiscal year of each federated public library system whose territory lies within 2 or more counties shall be the calendar year.
43.17(4)
(4) System administration. Notwithstanding
ss. 59.17 (2) (br) and
59.18 (2) (b), responsibility for administration of a public library system shall vest in a head librarian who shall be appointed by and directly responsible to the public library system board.
43.17(5)
(5) Annual report. Annually, at the time required by the division, each public library system shall report to the division on its operations, expenditures and territory served during the preceding year, shall submit a plan describing the program for library service to be carried out in the subsequent year and shall furnish such other information as the division requires.
43.17(6)
(6) Cooperative services. A public library system may contract with another such system, or with other libraries, library organizations or resource centers within this state or in adjacent states, to provide or receive library services.
43.17(7)
(7) Existing employes. No person employed by a participating public library at the time of the establishment of a public library system shall lose, because of such establishment, any salary, fringe benefit or other employment rights in existence at that time.
43.17(8)
(8) Retirement. If any employe of a participating employer under the Wisconsin retirement system becomes, by virtue of the establishment of a public library system, an employe of that library system, the library system shall become a participating employer under the Wisconsin retirement system.
43.17(9)
(9) Contracts, bidding and borrowing. 43.17(9)(a)(a) All contracts for public construction, the estimated cost of which exceeds $5,000, made by a federated public library system whose territory lies within 2 or more counties or by a federated public library system whose territory lies within a single county with a population of at least 500,000 shall be let by the public library system board to the lowest responsible bidder in accordance with
s. 62.15 (1) to
(11) and
(14). For purposes of this section, the system board possesses the powers conferred by
s. 62.15 on the board of public works and the common council. All contracts made under this section shall be made in the name of the federated public library system and shall be executed by the system board president and such other board officer as the system board designates.
43.17(9)(b)
(b) A public library system board of a multicounty library system may borrow money to accomplish any of its purposes, but the outstanding amount of such loans at any time may not exceed an amount equal to the system board's receipts for the prior fiscal year.
43.17(10)
(10) Borrowers' cards. Except as provided in
sub. (11), all public libraries in a public library system shall honor the valid borrowers' cards of a public library in an adjacent public library system, other than the Milwaukee county federated library system. The requirement under this subsection does not apply to the Milwaukee county federated library system.
43.17(11)(a)(a) In this subsection, "loan" means a unit of service that involves the checking out of a single item from a library to an individual for use outside the library for a specific period of time.
43.17(11)(b)
(b) A public library in a public library system may refuse to honor valid borrowers' cards of a public library in an adjacent public library system if the total amount of the reimbursement received by the public library for the preceding year from that adjacent public library system, and from counties and municipalities that are located in that adjacent public library system, is less than the adjusted cost incurred for that year by the public library in honoring these cards.
43.17(11)(c)
(c) For purposes of
par. (b), the adjusted cost shall be calculated by determining the actual cost for each loan incurred by the public library honoring the cards for a given year in the manner provided by the rules promulgated by the department under
s. 43.24 (2) (n) and multiplying that amount by the remainder calculated by subtracting 500 from the total number of loans made in that year by the public library to borrowers from the adjacent public library system. For purposes of this paragraph, a renewal of a loan constitutes a separate loan.
