43.18
43.18
Withdrawal, abolition and expulsion. 43.18(1)
(1)
Withdrawal. Not less than 3 years after affiliating with a public library system, a participating municipality or a county may withdraw from the system by adoption of a resolution by a two-thirds vote of its governing body under
pars. (a) and
(b), if the resolution is adopted at least 6 months prior to the close of the system's fiscal year. The resolution shall become effective at the close of the system's fiscal year.
43.18(1)(a)
(a) With the approval of the governing bodies of participating municipalities 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, a county may withdraw from a federated public library system whose territory lies within 2 or more counties.
43.18(1)(b)
(b) A participating municipality may withdraw from a federated public library system.
43.18(1)(c)
(c) In this subsection, "participating municipality" means a municipality that operates a public library and is a member of a public library system.
43.18(2)
(2) Abolition. A county may abolish a public library system whose territory lies only within that county, except that a county containing a 1st class city may abolish such a public library system only with the consent of the municipalities within the system.
43.18(2m)
(2m) Expulsion. With the approval of the division, a public library system may expel, or reduce aids or services to, a municipality or county that fails to meet the requirements under
s. 43.15 (2) or
(4).
43.18(3)(a)(a) Prior to taking any action to abolish or withdraw under this section, the county board or other municipal governing body shall hold a public hearing on the proposed action and shall publish a class 1 notice, under
ch. 985, of the hearing. Notice of the hearing also shall be given by registered mail not less than 30 days prior to the hearing to the governing body of every other municipality and county participating in the public library system, to the public library system board and to the division.
43.18(3)(b)
(b) A municipality or county withdrawing or expelled under this section from a public library system is responsible for its allocated share of the outstanding liabilities of the system on the effective date of its withdrawal or expulsion.
43.18(3)(c)
(c) Upon taking final action under this section to withdraw from or abolish a public library system, the county board or other municipal governing body shall give notice, by registered mail, of the action taken to the governing body of every other municipality and county participating in the public library system, to the public library system board and to the division.
43.18(3)(d)
(d) Prior to expelling a municipality or county from a public library system, the system board shall notify the municipality or county and the division, by registered mail, of the reason for the action under consideration and shall hold a public hearing concerning the action. The system board shall file a plan for alteration of the system territory under
s. 43.13 (2) by November 15 of the year preceding the year in which the expulsion will take effect under
s. 43.13 (3) and the division shall adjust state aid under
s. 43.24 accordingly.
43.18(3)(e)
(e) A municipality or county that has withdrawn or that has been expelled from a public library system may participate in a public library system only by fulfilling the requirements for initial participation under
s. 43.15 (4) (b) or
(c) and by adopting a new plan of library service for the county.
43.19
43.19
Federated public library systems. 43.19(1)(a)(a) In a federated public library system whose territory lies within a single county, the system board shall consist of 7 members nominated by the county executive, or by the county board chairperson in a county without a county executive, and approved by the county board. At least 3 members of the system board, at the time of their appointment, shall be active voting members of library boards governing public libraries of participating municipalities, and at least one of these shall be a member of the library board governing the resource library. At least one but not more than 2 members of the county board shall be members of the system board at any one time.
43.19(1)(b)1.1. Except as provided in
subd. 2., in a federated public library system whose territory lies within 2 or more counties, the system board shall consist of at least 15 and not more than 20 members nominated by the county executive in each county in the system, or by the county board chairperson in a county without a county executive, and approved by each county board in the system. Appointments shall be in proportion to population as nearly as practical, but, except as provided in
subd. 2., each county shall be represented by at least one member on the system board. Each county board may appoint one county board member to the system board. The public library board governing the designated resource library shall have at least one member on the system board. The remaining system board members shall include such representatives of the library boards governing public libraries of participating municipalities and counties and public members appointed from the counties at large as the county board determines.
43.19(1)(b)2.
2. A system board appointed under
subd. 1. may consist of more than 20 members if the county boards, acting jointly, determine that each county in the system shall be represented by at least 2 members on the system board.
43.19(2)(a)(a) Except as otherwise provided in this paragraph, a federated public library system whose territory lies within a single county shall be deemed an agency of the county and a federated public library system whose territory lies within 2 or more counties shall be deemed a joint agency of those counties. A federated public library system whose territory lies within 2 or more counties constitutes a separate legal entity for the purposes of having the exclusive custody and control of all system funds, holding title to and disposing of property, constructing, enlarging and improving buildings, making contracts and suing and being sued. A federated public library system whose territory lies within a single county with a population of 500,000 or more constitutes a separate legal entity solely for the purposes of having the exclusive custody and control of all system funds, making contracts and providing benefits to its employes under
ch. 40.
43.19(2)(b)
(b) A federated public library system board shall have the powers of a public library board under
s. 43.58 with respect to system-wide functions and services. The local library boards shall retain responsibility for their public libraries in all other areas.
43.21
43.21
Consolidated public library systems. 43.21(1)
(1) In a consolidated public library system, the system board shall consist of 7 or 9 members appointed by the county board. In the initial appointment of a system board, at least 3 members of the system board, at the time of their appointment, shall be active voting members of library boards governing public libraries consolidated into the system. At least one but not more than 2 members of the county board shall be members of the system board at any one time.
43.21(2)(a)(a) A consolidated public library system shall be deemed an agency of the county by which created.
43.21(2)(b)
(b) A consolidated public library system board shall have the powers of a library board under
ss. 43.58 and
43.60 and shall be responsible for the total program of public library service for the system territory.
43.21(3)
(3) If it is consistent with the terms thereof, a gift, bequest or endowment to a public library becoming part of a consolidated public library system may be taken over by the system board. The system board shall maintain the gift, bequest or endowment for the benefit of the library to which it was given.
43.24(1)(1) Each public library system shall be paid state aid for the operation and maintenance of the system. The amount paid to each system shall be determined as follows:
43.24(1)(a)
(a) The total of the following shall be calculated for each system:
43.24(1)(a)2.
2. For each square mile of territory within a system, $7 in the 1993-94 fiscal year and $8 in each fiscal year thereafter in a single-county system, and $19 in the 1993-94 fiscal year and $20 in each fiscal year thereafter in a system containing 2 or more counties.
43.24(1)(a)3.
3. Except as provided in
subd. 4., an amount equal to 4% of the total operating expenditures for public library services in territory within the system from local and county sources in the calendar year ending in the fiscal year immediately preceding the fiscal year for which aids are to be paid.
43.24(1)(a)4.
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.
43.24(1)(b)1.1. The total amount calculated for all systems in the state, as determined under
par. (a), shall be subtracted from the amount remaining for public library systems in the appropriation under
s. 20.255 (3) (e) after such aids have been calculated.
43.24(1)(b)2.
2. The result obtained under
subd. 1. shall be divided by the total number of persons residing in territory within all systems in the state.
43.24(1)(b)3.
3. The quotient under
subd. 2. shall be multiplied by the number of persons residing in each system.
43.24(1)(c)
(c) The amounts determined under
pars. (a) and
(b) shall be paid to each system.
43.24(2)
(2) For a public library system to qualify for and maintain its eligibility for state aid under this section it shall ensure that all of the following are provided:
43.24(2)(a)
(a) 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.
43.24(2)(b)
(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.
43.24(2)(d)
(d) Referral or routing of reference and interlibrary loan requests from libraries within the system to libraries within and outside the system.
43.24(2)(e)
(e) In-service training for and professional consultation with participating public library personnel and trustees.
43.24(2)(f)
(f) Rapid and regular delivery and communication systems for participating public libraries as evidenced by a written plan and service program.
43.24(2)(fm)
(fm) Electronic delivery of information and physical delivery of library materials to participating libraries.
43.24(2)(g)
(g) Service agreements with all adjacent library systems.
43.24(2)(h)
(h) Professional consultant services to participating public libraries and counties as evidenced by a written plan and a service program.
43.24(2)(i)
(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.
43.24(2)(j)
(j) Continuous planning with the division and with participating public libraries and counties in the area in regard to developing the library materials collection to meet the service needs as evidenced by a written collection development plan.
43.24(2)(k)
(k) Promotion and facilitation of library service to users with special needs.
43.24(2)(L)
(L) Cooperation and continuous planning with other types of libraries in the system area, which results in agreements with those libraries for the appropriate sharing of library resources to benefit the clientele of all libraries in the system area and a written plan for furthering cooperative activities among all types of libraries.
43.24(2)(m)
(m) Continuous planning with the division and with participating public libraries and counties in the area in regard to the library automation and technical services as evidenced by a written plan.
43.24(2)(n)
(n) That, if the system reimburses a participating public library for the costs of providing interlibrary borrowing services to an individual who holds a valid borrower's card of another participating public library, the reimbursement shall not exceed the actual costs incurred by the public library in providing such services. The department shall promulgate rules for determining actual costs for the purposes of this paragraph.
43.24(3)
(3) Annually, the division shall review the reports and proposed service plans submitted by the public library systems under
s. 43.17 (5) for conformity with this chapter and such rules and standards as are applicable. Upon approval, the division shall certify to the department of administration an estimated amount to which each system is entitled under this section. Annually on or before December 1 of the year immediately preceding the year for which aids are to be paid, the department of administration shall pay each system 75% of the certified estimated amount from the appropriation under
s. 20.255 (3) (e). The division shall, on or before the following April 30, certify to the department of administration the actual amount to which the system is entitled under this section. On or before July 1, the department of administration shall pay each system the difference between the amount paid on December 1 of the prior year and the certified actual amount of aid to which the system is entitled from the appropriation under
s. 20.255 (3) (e). The division may reduce state aid payments when any system or any participant thereof fails to meet the requirements of
sub. (2). Beginning September 1, 1991, the division may reduce state aid payments to any system if the system or any participant in the system fails to meet the requirements of
s. 43.15 (4).
43.24(3m)
(3m) If the appropriation under
s. 20.255 (3) (e) in any one year is insufficient to pay the full amount under
sub. (1), state aid payments shall be prorated among the library systems entitled to such aid.
43.24(4)
(4) The division shall assure through an annual audit and adjustment of aids, as necessary, that no more than 20% of the funds received by systems are used for administrative purposes.
43.24(5)
(5) Any interest earned from the investment of state aid paid to each public library system under
sub. (3) shall be allocated to the library system receiving the aid payments.
43.24(6)
(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.
43.27
43.27
Distribution of materials from reference and loan collection to public library systems. The division may disperse to public library systems, without charge, materials from the collection of the reference and loan library that the division determines are not appropriately held in the collection of the reference and loan library.
43.27 History
History: 1979 c. 347;
1993 a. 335.
43.30
43.30
Public library records. 43.30(1)
(1) Records of any library which is in whole or in part supported by public funds, including the records of a public library system, indicating the identity of any individual who borrows or uses the library's documents or other materials, resources or services may not be disclosed except by court order or to persons acting within the scope of their duties in the administration of the library or library system, to persons authorized by the individual to inspect such records or to libraries as authorized under
subs. (2) and
(3).
43.30(2)
(2) A library supported in whole or in part by public funds may disclose an individual's identity to another library for the purpose of borrowing materials for the individual only if the library to which the individual's identity is being disclosed meets at least one of the following requirements:
43.30(2)(a)
(a) The library is supported in whole or in part by public funds.
43.30(2)(b)
(b) The library has a written policy prohibiting the disclosure of the identity of the individual except as authorized under
sub. (3).
43.30(2)(c)
(c) The library agrees not to disclose the identity of the individual except as authorized under
sub. (3).
43.30(3)
(3) A library to which an individual's identity is disclosed under
sub. (2) and that is not supported in whole or in part by public funds may disclose that individual's identity to another library for the purpose of borrowing materials for that individual only if the library to which the identity is being disclosed meets at least one of the requirements specified under
sub. (2) (a) to
(c).
43.30 History
History: 1981 c. 335;
1991 a. 269.
43.52
43.52
Municipal libraries. 43.52(1)(1) Any municipality may establish, equip and maintain a public library, and may annually levy a tax or appropriate money to provide a library fund, to be used exclusively to maintain the public library. The municipality may enact and enforce police regulations to govern the use, management and preservation of the public library. Any municipality desiring to establish a new public library shall obtain a written opinion by the division regarding the feasibility and desirability of establishing the public library before final action is taken. The division shall render its opinion within 30 days of the time the request is received.
43.52(1m)
(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 to the state superintendent a decision of the county library board or the county board of supervisors that disapproves the participation by the town in a joint library with a municipality located in another county. 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.
43.52(2)
(2) Every public library shall be free for the use of the inhabitants of the municipality by which it is established and maintained, subject to such reasonable regulations as the library board prescribes in order to render its use most beneficial to the greatest number. The library board may exclude from the use of the public library all persons who wilfully violate such regulations.
43.52(3)
(3) Any municipality may purchase or acquire one or more sites, erect one or more buildings and equip the same for a public library or any library already established; or may adopt, take over and acquire any library already established, by consent of the authorities controlling the same.
43.52(4)
(4) A municipal library may contract with library organizations within this state or in adjacent states to provide or receive library services.
43.52 Annotation
A library can charge user fees for any services that fall outside of a library's inherent information-providing functions; core "library services" must be provided free of charge to the inhabitants of the municipality.
73 Atty. Gen. 86.
43.52 Annotation
Municipal libraries may not charge a fee for lending video cassettes which are part of a reasonable permanent collection but may charge for lending additional copies. Municipal libraries may not charge a fee for online searching of bibliographic or informational databases.
78 Atty. Gen. 163.
43.53
43.53
Joint libraries. 43.53(1)(1) Joint libraries may be created by any 2 or more municipalities or by a county and one or more municipalities located in whole or in part in the county, by appropriate agreement of their governing bodies.
Section 43.52 applies to joint libraries.
43.53(2)
(2) Joint library agreements under
sub. (1) shall contain provisions necessary to establish a library board under
s. 43.54, perform the duties under
s. 43.58 and own and operate the physical facilities.
43.53(3)
(3) A joint library may not be established unless it includes at least one municipality with a public library established before May 8, 1990.
43.53 History
History: 1971 c. 152 s.
19; Stats. 1971 s. 43.56;
1985 a. 177 ss.
33,
34; Stats. 1985 s. 43.53;
1989 a. 286;
1995 a. 270.
