Friday, February 10, 2012

Getting to Know Chapter 43 of the Wisconsin State Statutes: Part 8 (County Payment for Library Services)

43.12 County payment for library services.   
(Created by 1997 Wisconsin Act 150.)

(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 and to each public library in an adjacent county, other than a county with a population of at least 500,000, an amount that is equal to at least 70% of the amount computed by [the formula]
    • 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. 











    The library board of the public library entitled to a payment under this subsection may direct the county to credit all or a portion of the payment to a county library service or library system for shared services.

    FAQ About the County Library Funding Statutes (Based on Act 150.  Wisconsin Department of Public Instruction)
    Wisconsin League of Municipalities FAQ

    (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 and to the county clerk of each adjacent county, other than a county with a population of at least 500,000, that reports.  (Note:  Act 420 amended language shown in green..)

    • the number of loans of material made by that library during the prior calendar year to residents of the county, or adjacent county, who are not residents of a municipality that maintains a public library under s. 43.52 or 43.53 and  (Note:  Act 420 amended language shown in rgreen.)
    • the total number of loans of material made by that library during the previous calendar year. 

    FAQ About County Library Funding to Libraries in Adjacent Counties:  Act 420.  (Wisconsin Department of Public Instruction)

    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.
    (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).

    (5m) Nothing in this section prohibits a county from providing funding for capital expenditures.

    (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.

    (7) This section does not apply to a county having a population of 500,000 or more.

    Sidebar:    As Dane County population nears 500,000, laws could force taxpayers to pay up


    History:
    1997 Wisconsin Act 150.  This section of library law is created.
    2005 Wisconsin Act 420.  Section (2) is amended as shown above in bold green letters.

    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.

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