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.
43.09 Cross-reference Cross Reference: See also ch. PI 6, Wis. adm. code.
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) (3)Duties and powers.
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)(1)
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.
43.13 History History: 1971 c. 152; 1995 a. 27; 1997 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) 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) (2)Financial support.
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) (3)Territory included.
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) (4)Method of organization.
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)1. 1. Adopts and maintains the plan of library service submitted and approved under ss. 43.11 (3) and 43.13 (1).
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)1. 1. Is established under this chapter.
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 Cross-reference Cross Reference: See also s. PI 6.06, Wis. adm. code.
43.15 Annotation A county with a population in excess of 85,000 that does not presently operate and maintain a library but contains a city of over 30,000 that operates a library, can establish a single-county federated library system. 63 Atty. Gen. 142.
43.16 43.16 Resource libraries.
43.16(1)(1)
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.
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