43.17 Public library systems; general provisions. (Created in 1971.)
(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, fol-lowing 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.
(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.
- (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.
(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.
(4) SYSTEM ADMINISTRATION. Notwithstanding ss. 59.17 (2)(br) ["County Executive"] and 59.18 (2) (b) ["County Administrator"], 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.
(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.
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(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.
(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.
(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.
(9) CONTRACTS, BIDDING AND BORROWING.
(a) [Contracts, Bidding] 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). ["Public Works"] 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.
(b) [Borrowing] 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.
(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.
(11) COST OF LENDING SERVICES.
(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.
(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.
(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.
(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.
(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.
History:
1971 Senate Bill 47. 43.17 created.
1981 Assembly Bill 272. Wording to section 8 (Retirement) revised.
1985 Wisconsin Act 29. 43.17 (10) is created.
1989 Wisconsin Act 286. 43.17 (1), (2) and (6) of the statutes are amended.
1991 Wisconsin Act 272. 43.17 (10) is amended.
1993 Wisconsin Act 383. 43.17 (9) (a) is amended.
1995 Wisconsin Act 201. 43.17 (4) is amended.
1997 Wisconsin Act 150. 43.17 (2m) is created (Advisory Committee)
1999 Wisconsin Act 9. 43.17 (9) (1) is amended.
2005 Wisconsin Act 226. 43.17 (11) (b) is amended.
Related posts:
Part 1: Legislative findings and declaration of policy.
Part 2: Definitions.
Part 3: General duties of the State Superintendent.
Part 4: General duties of the Division.
Part 5: Council on Library and Network Development.
Part 6: Certificates and standards..
Part 7: County library planning committees.
Part 8: County payment for library service.
Part 9: Division review
Part 10. Standards for public library systems.
Part 11. Resource libraries.
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