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 willfully 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 that 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.
43.54
43.54
Municipal library board composition. 43.54(1)(a)(a) Each public library established under
s. 43.52 shall be administered by a library board composed in each city of the 2nd or 3rd class or school district of 9 members, in each city of the 4th class of 7 members and in each village, town, tribal government or tribal association of 5 members. Two additional members may be appointed to a library board for a village, town, tribal government or tribal association so that the board has 7 members. Members shall be residents of the municipality, except that not more than 2 members may be residents of other municipalities. Members shall be appointed by the mayor, village president, town chairperson, tribal chairperson or school board chairperson, respectively, with the approval of the municipal governing body. Up to 2 additional members may be appointed under
s. 43.60 (3).
43.54(1)(am)
(am) Each public library established in a 1st class city shall be administered by a library board consisting of the president of the board of school directors or his or her designee, the superintendent of schools or his or her designee, a member of the county board of supervisors who resides in the county but outside the city, 3 alderpersons and 6 public members. The county board member shall be appointed by the county executive or county administrator and confirmed by the county board for a 4-year term commencing on May 1. The 3 alderpersons shall be appointed by the mayor on the 3rd Tuesday in April from among those alderpersons serving 4-year terms and shall serve on the library board during their aldermanic terms. The 6 public members shall be residents of the city. Five of the public members shall be appointed by the mayor on the 3rd Tuesday in April to staggered 4-year terms. One of the public members appointed by the mayor under this paragraph shall be designated by the mayor as his or her representative on the board. One public member shall be appointed by the president of the common council on the 3rd Tuesday in April for a 4-year term. The public member appointed by the president of the common council under this paragraph shall be designated by the president of the common council as his or her representative on the board.
43.54(1)(b)
(b) Upon their first appointment, the members shall be divided as nearly as practicable into 3 equal groups to serve for 2-, 3- and 4-year terms, respectively. Thereafter, each regular appointment shall be for a term of 3 years. Vacancies shall be filled for unexpired terms in the same manner as regular appointments are made.
43.54(1)(c)
(c) The appointing authority shall appoint as one of the members a school district administrator, or the administrator's representative, to represent the public school district or districts in which the public library is located. Not more than one member of the municipal governing body shall at any one time be a member of the library board.
43.54(1)(d)
(d) No compensation shall be paid to the members of a library board for their services, except as follows:
43.54(1)(d)1.
1. Members may be reimbursed for their actual and necessary expenses incurred in performing duties outside the municipality if so authorized by the library board.
43.54(1)(d)2.
2. Members may receive per diem, mileage and other necessary expenses incurred in performing their duties if so authorized by the library board and the municipal governing body.
43.54(1)(e)
(e) A majority of the membership of a library board constitutes a quorum, but any such board may, by regulation, provide that 3 or more members thereof shall constitute a quorum. For library boards organized under
par. (am), 7 members constitute a quorum.
43.54(1m)(a)1.
1. Consist of 7 to 11 members and be representative of the populations of the participating municipalities.
43.54(1m)(a)2.
2. Be appointed by the head of the municipal governing body of each participating municipality and county board chairperson of the participating county.
43.54(2)
(2) As soon as practicable after the first appointments, at a date and place fixed by the appointing officer, and annually thereafter within 30 days after the time designated in this section for the beginning of terms, the members of the library board shall organize by the election, from among their number, of a president and such other officers as they deem necessary.
43.54(3)
(3) In any city of the 2nd or 3rd class, the common council may, by a two-thirds vote, provide for the reduction of the number of appointive members of the library board to 7. Thereupon, whenever a term expires or a vacancy occurs, no appointment shall be made until the number of such members has been so reduced, whereupon the remaining members shall be by lot divided by the common council into 3 classes, 3 to serve for 3 years, 2 to serve for 2 years and 2 to serve for one year, respectively, from the date of such completed reduction, and thereafter each regular appointment shall be for a term of 3 years.
43.57
43.57
Consolidated county libraries and county library services. 43.57(1)(1)
Consolidated county libraries. 43.57(1)(a)(a) A county board may establish and maintain a consolidated public library for the county, and may for such purpose adopt, take over and acquire any libraries already established, by consent of the authorities controlling those libraries.
43.57(1)(b)
(b) If it is consistent with the terms thereof, a gift, bequest or endowment to a public library becoming a part of a consolidated county library may be taken over by the county library board. The county library board shall maintain the gift, bequest or endowment for the benefit of the library to which it was given.
43.57(1)(c)
(c) A consolidated county library may become part of a federated multicounty system organized under
s. 43.19.
43.57(1)(d)
(d) A consolidated county library may contract with library organizations within this state or in adjacent states to provide or receive library services.
43.57(2)
(2) Joint libraries. A county board may authorize the formation of a joint library under
s. 43.53 and may participate in a joint library board under
s. 43.54.
43.57(3)
(3) County library services. A county board may establish and maintain a county library service to serve the residents of the county who do not live in municipalities that have established libraries under
s. 43.52 or
43.53 or to improve the library services of municipal libraries established under
s. 43.52 or
43.53. The county library service may operate a library or library service program or may contract with library organizations within this state or in adjacent states for services.
43.57(4)(a)(a) In a county with a consolidated county library under
sub. (1), the county board chairperson shall, with the approval of the county board, appoint a 7-member or 9-member county library board.
43.57(4)(b)
(b) In a county operating a county library service under
sub. (3), the county board chairperson shall, with the approval of the county board, appoint a 7-member library board.
43.57(4)(c)
(c) Boards appointed under
pars. (a) and
(b) shall include at least one school district administrator of a school district located in whole or in part in the county, or that school district administrator's designee, and one or 2 county board supervisors. Boards appointed under
par. (b) shall include, in addition, representatives of existing library boards under
s. 43.54 and persons residing in municipalities not served by libraries.
43.57(4)(d)
(d) Boards appointed under
pars. (a) and
(b) have the powers and duties of a library board under
s. 43.58.
43.57(5)
(5) Terms of office, compensation, officers, duties. 43.57(5)(a)(a) Upon the initial establishment of a board under
sub. (4) (a) or
(b), the members shall be divided as nearly as practicable in 3 equal groups to serve for 2-, 3- and 4-year terms, respectively, following their appointment. Thereafter, terms shall be for 3 years. Vacancies shall be filled for unexpired terms in the same manner as regular appointments are made.
43.57(5)(b)
(b) No compensation shall be paid to the members of a board under
sub. (4) (a) or
(b) for their services, except as follows:
43.57(5)(b)1.
1. Members may be reimbursed for their actual and necessary expenses incurred in performing their duties if so authorized by the board.
43.57(5)(b)2.
2. Members may receive per diem, mileage and other necessary expenses incurred in performing their duties if so authorized by the board and the county board.
43.57(5)(c)
(c) A majority of the membership of a board under
sub. (4) (a) or
(b) constitutes a quorum, but any such board may, by resolution, provide that 3 or more members constitute a quorum.
43.57(5)(d)
(d) As soon as practicable after the first appointments, at a date and place fixed by the appointing officer, and annually thereafter within 30 days after the beginning of terms, the members of the board shall organize by the election, from among their number, of a president and such other officers as they deem necessary.
43.57(5)(e)
(e) Section 43.52 (2) applies to consolidated county libraries and county library services.
43.57(5)(f)
(f) A library organized under this section may participate in a public library system subject to
s. 43.15.
43.57(6)
(6) Gifts and grants. Any county may receive, by bequest or gift, property for the purpose of establishing a public library for the county and may enter into an agreement to maintain a public library in consideration thereof, and shall be bound to faithfully perform such agreement. In such case the library board appointed under
s. 43.57 (4) or, in the absence of a library board, the county board may properly administer the same.
43.58
43.58
Powers and duties. 43.58(1)(1) The library board shall have exclusive control of the expenditure of all moneys collected, donated or appropriated for the library fund, and of the purchase of a site and the erection of the library building whenever authorized. The library board also shall have exclusive charge, control and custody of all lands, buildings, money or other property devised, bequeathed, given or granted to, or otherwise acquired or leased by, the municipality for library purposes.
43.58(2)
(2) The library board shall audit and approve all vouchers for the expenditures of the public library and forward the vouchers or schedules covering the same, setting forth the names of claimants, the amounts of each claim and the purpose for which expended, to the appropriate municipal or county financial officer or, in the case of a school district, the school district clerk, with a statement thereon, signed by the library board secretary or other designee of the library board, that the expenditure has been incurred and that the library board has audited and approved the bill. The municipal, county or school district governing body shall then pay the bill as others are paid.
43.58(3)
(3) Any person having a claim or demand against the municipality or county growing out of any act or omission of the library board shall file with the library board a written statement thereof. If the claim or demand or any part thereof is disallowed, the claimant may bring an action against the municipality or county.
43.58(4)
(4) Notwithstanding
ss. 59.17 (2) (br) and
59.18 (2) (b), the library board shall supervise the administration of the public library and shall appoint a librarian, who shall appoint such other assistants and employees as the library board deems necessary, and prescribe their duties and compensation.
43.58(5)
(5) The library board may employ competent persons to deliver lectures upon scientific, literary, historical or educational subjects; and may cooperate with the University of Wisconsin System, technical college district boards, the historical society, the department, cooperative educational service agencies, school boards and other educational institutions to secure such lectures or to foster and encourage by other means the wider use of books and other resource, reference and educational materials upon scientific, historical, economic, literary, educational and other useful subjects.
43.58(6)(a)(a) Within 60 days after the conclusion of the fiscal year of the municipality or county in which the public library is located, the library board shall make a report to the division and to its governing body. The report shall state the condition of the library board's trust and the various sums of money received for the use of the public library during the year, specifying separately the amounts received from appropriations, from the income of trust funds, from rentals and other revenues of the public library and from other sources. The report shall state separately the condition of the permanent trust funds in the library board's control, shall state in detail the disbursements on account of the public library during that fiscal year and shall contain an estimate of the needs of the public library for the next succeeding fiscal year.
43.58(6)(b)
(b) The report to the division shall include data concerning library materials, facilities, personnel, operations and such other information as the division requests.
43.58(6)(c)
(c) The report to the division shall contain a statement by the library board indicating whether the public library system in which the library participated during the year of the report 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. The division shall design the form of the statement so that it may be removed from the report and forwarded to the division before it is sent to the public library system.
43.58(7)
(7) The library board may receive, manage and dispose of gifts and donations as follows:
43.58(7)(a)
(a) All persons wishing to make donations of property for the benefit of a public library may vest the title thereto in the library board, to be held and controlled by the board, when accepted, according to the terms of the deed of gift, devise or bequest. As to such property the board shall be deemed special trustees.
43.58(7)(b)
(b) If a gift, bequest, devise or endowment is made to any public library, the library board thereof may pay or transfer the gift, bequest, devise or endowment, or the proceeds thereof, to the treasurer of the municipality or county in which the public library is situated, may entrust any funds therefrom to a public depository under
ch. 34 or may pay or transfer that gift, bequest, devise or endowment to any member of the library board to be selected by the library board and thereafter to be known as financial secretary. If the library board pays or transfers that gift, bequest, devise or endowment to the financial secretary, the financial secretary may retain, expend, invest and reinvest that gift, bequest, devise or endowment as permitted under
s. 112.10. The financial secretary shall hold office only during membership on the library board and shall be elected annually at the same time and in the same manner as the other officers of the library board.
43.58(7)(c)
(c) If any such treasurer or financial secretary holds any property belonging to the public library, the library board shall require a bond from the treasurer or financial secretary to the library board in such sum, not less than the amount of such property so held by him or her, and with such sureties as the library board requires. The bond shall be conditioned in substantially the same form as the ordinary bond required from the treasurer of the municipality or county, with the necessary changes.
43.58(7)(d)
(d) The treasurer or financial secretary shall make an annual report to the library board showing in detail the amount, investment, income and disbursements from the trust funds in his or her charge. Such report shall also be appended to the annual report of the library board under
s. 43.58 (6).
43.58(7)(e)
(e) In the case of a gift for a library building, the library board of the municipality shall have the exclusive right to select and contract for the purchase of a site.
43.58 Annotation
Municipal libraries are a matter of statewide concern. Accordingly, home rule provisions will not justify local departures from the provisions of ch. 43.
76 Atty. Gen. 203.
43.60
43.60
Library extension and interchange. 43.60(1)
(1) The library board of any municipality or county may, by contract or upon such conditions and regulations as it prescribes, extend the use of the public library to nonresidents of the municipality, or exchange books and other library materials either permanently or temporarily with any other library.
43.60(2)(a)(a) The library board of any municipality located in whole or in part in a county that is not a member of a public library system may, by agreement with any other municipality or county provide for the loaning of books and other library materials from its public library, singly or in traveling libraries, to the residents of the other municipality or county. The other municipality or county may levy a tax and appropriate money annually to meet its obligations under the agreement.
43.60(2)(b)
(b) The library board of any municipality located in whole or in part in a county that is a member of a public library system may, by agreement with the county, the county library board or the public library system board acting on behalf of the county, provide for the loaning of books and other library materials from its public library, singly or in traveling libraries, to the residents of the county. The county may levy a tax and appropriate money annually to meet its obligations under the agreement, as provided under
s. 43.64.
43.60(3)
(3) Whenever the annual sum appropriated by the other municipality or county under
sub. (2) equals or exceeds one-sixth of the annual sum appropriated to the public library by any municipality in which the public library is located during the preceding fiscal year, the mayor, village president, town or county chairperson or tribal chairman of the other municipality or county, with the approval of the governing body thereof, may appoint from among the residents of the municipality or county an additional member of the library board of the public library and, when such sum equals or exceeds one-third of the annual sum appropriated to the public library by any municipality in which the public library is located, 2 additional members, for a term of 3 years from the July 1 next succeeding such appointment, and thereafter for terms of 3 years. Whenever the appropriation made is less than the one-third specified, the office of one such additional member of the board and, if less than the one-sixth specified, the office of both shall be vacant from the July 1 next thereafter.
43.60 History
History: 1971 c. 152 s.
23; Stats. 1971 s. 43.60;
1981 c. 197;
1985 a. 177;
1989 a. 56;
1991 a. 269.
43.64(1)(1) The county board of a county expending money for public library service to its inhabitants may levy a tax to provide funds for such service and shall include any amount of tax under this subsection in the amount of taxes determined to be levied under
s. 70.62 (1).
43.64(2)(a)(a) In this subsection, "library fund" means the funds raised by the city, village, town or school district by tax levy or appropriation under
s. 43.52 (1).
43.64(2)(b)
(b) Except as provided in
sub. (2m), any city, town, village or school district in a county levying a tax for public library service under
sub. (1) shall, upon written application to the county board of the county, be exempted from the tax levy, if the city, town, village or school district making the application levies a tax for public library service and appropriates and expends for a library fund during the year for which the county tax levy is made a sum at least equal to an amount calculated as follows:
43.64(2)(b)1.
1. Divide the amount of tax levied by the county for public library service under
sub. (1) in the prior year by the equalized valuation of property in that area of the county that was subject to the county property tax levy for public library services in the prior year.
43.64(2)(b)2.
2. Multiply the amount determined under
subd. 1. by the equalized valuation of property in the city, village, town or school district for the current year.
43.64(2m)
(2m) No city, village, town or school district is exempt from the tax levy under
sub. (2) for any year 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 standards approved under
s. 43.11 (3) (d).
43.64(3)
(3) Each city, town, village or school district participating in a joint library under
s. 43.53 shall be treated individually in determining its eligibility for tax exemption under
sub. (2).
