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(2m)
(2m) Advisory committee. Every public library system may appoint a public library advisory committee to, among other things, advise the system board about the status and needs of libraries in the system, serve as a conduit of information between the system board and individual libraries in the system and make recommendations to the system board relating to libraries in the system.
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 employees. 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 employee of a participating employer under the Wisconsin retirement system becomes, by virtue of the establishment of a public library system, an employee 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 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. A federated public library system whose territory lies within 2 or more counties may obtain a state trust fund loan to accomplish any of its purposes, but the outstanding amount of a federated public library system's state trust fund loans, together with all other indebtedness of the system, may not exceed an amount equal to the system'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, in the most recent year in which the public library honored such cards, the total amount of the reimbursement received by the public library 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 the 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.
43.17(11)(d)
(d) Any reimbursement made by a county under
par. (b) may not result in a reduction in the level of support for public library services provided by that county to residents of that county.
43.17(11)(e)
(e) If a public library in a given public library system refuses to honor the valid borrowers' cards from an adjacent public library system, annual meetings shall be held between representatives of the affected public library systems to discuss the resulting lack of services to the affected borrowers and the costs of providing such services. The affected public library systems shall provide the division with written minutes of these meetings.
43.18
43.18
Withdrawal, abolition and expulsion. 43.18(1)(ag)(ag) In this subsection, "participating municipality" means a municipality that operates a public library and is a member of a public library system.
43.18(1)(am)
(am) 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. (ar) 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)(ar)
(ar) 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(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 employees 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. Except as provided in
pars. (b) and
(c), the amount paid to each system shall be determined as follows:
43.24(1)(a)1.1. Determine the percentage change in the total amount appropriated under
s. 20.255 (3) (e) between the previous fiscal year and the current fiscal year.
43.24(1)(a)2.
2. Multiply the amount of state aid received by the system in the previous fiscal year by the sum of 1.0 and the result under
subd. 1. expressed as a decimal.
43.24(1)(b)
(b) If the territory of a public library system is altered, the department shall adjust the aid paid to that system under
par. (a). The department shall promulgate rules establishing the method the department will use to make the adjustment.
43.24(1)(c)
(c) Beginning in the fiscal year in which the total amount of state aid appropriated for public library systems under
s. 20.255 (3) (e) and
(qm), as determined by the department, equals at least 11.25% of the total operating expenditures for public library services from local and county sources in the calendar year ending in that fiscal year, the amount paid to each system shall be determined by adding the result of each of the following calculations:
43.24(1)(c)1.
1. Multiply the system's percentage of the state's population by the product of the amount appropriated under
s. 20.255 (3) (e) and
(qm) and
0.85.
43.24(1)(c)2.
2. Multiply the system's percentage of the state's geographical area by the product of the amount appropriated under
s. 20.255 (3) (e) and
(qm) and
0.075.
43.24(1)(c)3.
3. Divide the sum of the payments to the municipalities and counties in the system under
subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under
s. 79.015, by the total of all payments under
subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under
s. 79.015, and multiply the result by the product of the amount appropriated under
s. 20.255 (3) (e) and
(qm) and
0.075.
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 participating public library personnel and trustees.
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.
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)(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.
43.24(2)(m)
(m) Planning with the division and with participating public libraries and other types of libraries in the area in regard to library technology and the sharing of resources. By January 1, 2000, and by every 5th January 1 thereafter, the public library system shall submit to the division a written plan for library technology and the sharing of resources.
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 appropriations under
s. 20.255 (3) (e) and
(qm). 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 appropriations under
s. 20.255 (3) (e) and
(qm). 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 appropriations under
s. 20.255 (3) (e) and
(qm) in any one year are 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 public library services 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. The amount shall include a recommendation for the appropriation under
s. 20.255 (3) (e) and recommendations for the funding of other public library services, as determined by the department in conjunction with public libraries and public library systems.
43.24 Cross-reference
Cross Reference: See also ss.
PI 6.07 and
6.11, Wis. adm. code.
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.
