Getting to Know Chapter 43 of the Wisconsin State Statutes: Part 13, Withdrawal, Abolition, and Expulsion

2000:  Fond du Lac County Moves from Mid-Wisconsin to Winnefox

43.18 Withdrawal, abolition and expulsion.  (Created in 1971.)

(1) WITHDRAWAL.

•  (ag) In this subsection, “participating municipality” means a municipality that operates a public library and is a member of a public library system. 
• (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. 
• (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. 
• (b) A participating municipality may withdraw from a federated public library system. 

SIDEBAR:  From a 2/4/2011 memo written by Desiree Bongers, Director, Ripon Public Library to Library Board Presidents and Library Directors of Brandon, Campbellsport, Fond du Lac, North Fond du Lac, and Oakfield Public Libraries; Fond du Lac County Executive Buechel; Fond du Lac County Supervisors Farrell and Dornbrook; Winnefox Library System Director Gilderson-Duwe and Assistant Director Arend; and Ripon City Council.

(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. (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).

(3) PROCEDURE.
(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. 

(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.

(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. 

(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.

(e)  [Participation after withdrawal or expulsion]    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.

History:
1971 Senate Bill 47.  43.18 is created.
1981 Assembly Bill 829.  43.18 (1) (a) and (b) are amended.
1985 Wisconsin Act 29.

• 43.18 (1) (c) of the statutes is created.
• 43.18 (2) of the statutes is amended .
• 43.18 (2m) of the statutes is created.
• 43.18 (3) of the statutes is amended.
• 43.18 (3) (d) and (e) of the statutes are created.

1997 Wisconsin Act 150.  43.18 (3) (e) of the statutes is amended.
1999 Wisconsin Act 83.

• 43.18 (1) (intro.) of the statutes is renumbered 43.18 (1) (am) and amended to read.
• 43.18 (1) (a) of the statutes is renumbered 43.18 (1) (ar).
• .43.18 (1) (c) of the statutes is renumbered 43.18 (1) (ag).

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.
Part 12:  Public library systems; general provisions.