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 state superintendent.
43.05(14)
(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).
43.07
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 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 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 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 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 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, may promulgate necessary standards for public library systems. 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.
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 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 may serve as the county library planning committee. The county board shall notify the division immediately upon appointment of the committee.
43.11(3)(a)(a) The committee may prepare a new plan for the organization of a county or multicounty system, revise an existing plan or change the boundaries of a public library system. It shall conduct public hearings concerning these plans, revisions and changes to which representatives of all libraries in the county shall be invited.
43.11(3)(b)
(b) The committee's final report, including a new plan, revisions to an existing plan or changes to the boundaries of a public library system and copies of any written agreements necessary to implement the proposal, 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 participating in the public library system and the plan shall provide for reimbursement for that access. Services 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, including the reimbursement of public libraries for access by residents of those municipalities in the county not maintaining a public library.
43.11(3)(d)
(d) The plan of library services for a county may include minimum standards of operation for public libraries in the county. The county shall hold a public hearing on any standards proposed under this paragraph. The standards shall take effect if they are approved by the county and the public library boards of at least 50% of the participating municipalities in the county that contain, according to the most recent estimate prepared under
s. 16.96, at least 80% of the population of participating municipalities in the county.
43.12
43.12
County payment for library services. 43.12(1)
(1) By March 1 of each year, a county that does not maintain a consolidated public library for the county under
s. 43.57 and that contains residents who are not residents of a municipality that maintains a public library under
s. 43.52 or
43.53 shall pay to each public library in the county an amount that is equal to at least 70% of the amount computed by multiplying the number of loans reported under
sub. (2) by the amount that results from dividing the total operational expenditures of the library during the calendar year for which the number of loans are reported, not including capital expenditures or expenditures of federal funds, by the total number of loans of material made by the public library during the calendar year for which the loans are reported.
43.12(2)
(2) By July 1 of each year, each public library lying in whole or in part in a county shall provide a statement to the county clerk of that county that reports the number of loans of material made by that library during the prior calendar year to residents of the county who are not residents of a municipality that maintains a public library under
s. 43.52 or
43.53 and the total number of loans of material made by that library during the previous calendar year.
43.12(3)
(3) A county may enter into an agreement with its participating municipalities or with a public library system to pay no less than the amounts determined under
sub. (1) to the public library system for distribution to the public libraries that participate in that system.
43.12(4)
(4) Upon request of a county clerk, a public library shall provide access to all books and records used to determine the amount computed under
sub. (2).
43.12(5)
(5) Nothing in this section prohibits a county from providing its own additional funding for shared services. A library board may elect to have this funding credited to such shared services rather than to receive it as direct reimbursements.
43.12(5m)
(5m) Nothing in this section prohibits a county from providing its own additional funding for capital expenditures.
43.12(6)
(6) The county library board or, if no county library board exists, the county itself, shall either distribute the aid provided by the county to the public libraries, as provided in the plan prepared under
s. 43.11, or shall transfer the aid for distribution to the public library system in which it participates.
43.12(7)
(7) This section does not apply to a county having a population of 500,000 or more.
43.12 History
History: 1997 a. 150.
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 state superintendent.
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) Have a population of 100,000 or more. If, because of the withdrawal or realignment of participating municipalities or counties, a public library system has a population under 100,000, the remaining parts of the system shall realign with an existing system within 2 years after the date on which the population falls below 100,000.
43.15(1)(b)
(b) After July 1, 1998, no new system may be established unless it serves a population of at least 200,000.
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 property in the county that was subject to the county tax levied in the previous year.
43.15(2)(c)2.
2. Divide the remainder under
subd. 1. by the previous year's equalized valuation of property in the county that was subject to the county tax levied in the previous year.
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 the first 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 years preceding the first year for which an exemption is granted for the purpose of calculating the 3-year average under
par. (b). For the 2nd year following the first 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 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(3)(c)
(c) If the territory of a joint library lies in 2 or more counties that are not in the same public library system, the joint library board or, if no such board exists, the governing bodies of the municipalities and counties that created the joint library shall determine the system in which the joint library 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. Two public library systems may merge with the approval of each public library system board, the county boards of the participating counties and 51% of the participating public libraries in the system.
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, for a consolidated county library or a county library service, from the county governing body at a level that is not lower than the average of such funding received for the previous 3 years. The following are not included as funding for purposes of computing the 3-year average:
43.15(4)(c)5.a.
a. Funding received from a state, federal or private source that has been designated as funding for library services.
43.15(4)(c)5.b.
b. Unspent funding appropriated by a municipality or county for library services for a prior year.
43.15(4)(c)5.c.
c. For a municipal or joint public library, funding received from a county.
43.15(4)(c)6.
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.
