Getting to Know Chapter 43 of the Wisconsin State Statutes: Part 18, Municipal Libraries

Source: Institute of Museum and Library Services, Public Libraries in the United States: Fiscal Year 2009.

43.52 Municipal libraries. 

(1)  Establishing a municipal library

Any municipality may

• establish, equip and maintain a public library, and may 
• annually levy a tax or appropriate money to provide a library fund, to be used exclusively to maintain the public library.

The municipality may enact and enforce police regulations to govern the use, management and preservation of the public library.

Any municipality desiring to establish a new public library shall obtain a written opinion by the division regarding the feasibility and desirability of establishing the public library before final action is taken.

The division shall render its opinion within 30 days of the time the request is received.

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(1m) (a)  Establishing or participating in a joint library.

• Any town desiring to establish a new public library or participate in a joint library under s. 43.53 [Joint libraries] shall in addition to the requirement under sub. (1) obtain the approval of the county library board, if one exists, and the county board of supervisors before final action is taken. 
• The county library board and the county board of supervisors shall render decisions within 90 days of the request being received. 
• A town may appeal to the state superintendent a decision of the county library board or the county board of supervisors that disapproves the participation by the town in a joint library with a municipality located in another county. 
• The state superintendent shall hold a public hearing on the appeal within 60 days after receiving notice of the appeal. 
• The state superintendent shall publish a class 1 notice under ch. 985 [Publication of legal notices; public newspapers; fees] of the hearing and shall also provide notice of the hearing to the town board, the county board of supervisors and the county library board. 
• The state superintendent shall decide the appeal within 30 days after the adjournment of the public hearing.

(b)  Establishing a new library or participating in a joint library within a consolidated county library.

• Any city or village that is entirely located in a county that operates and maintains a consolidated public library for the county under s. 43.57 [Consolidated county libraries and county library services], and that desires to establish a new public library or participate in a joint library under s. 43.53, shall, in addition to the requirement under sub. (1), obtain the approval of the county library board, if one exists, and the county board of supervisors before final action is taken. 
• The county library board and the county board of supervisors shall render decisions within 90 days of the request being received. 
• The common council or village board may appeal to the state superintendent a decision of the county library board or the county board of supervisors that disapproves the participation by the city or village in a joint library with a municipality located in another county. 
• The state superintendent shall hold a public hearing on the appeal within 60 days after receiving notice of the appeal. 
• The state superintendent shall publish a class 1 notice under ch. 985 of the hearing and shall also provide notice of the hearing to the common council or village board, the county board of supervisors, and the county library board. 
• The state superintendent shall decide the appeal within 30 days after the adjournment of the public hearing.

(2) Every public library shall be free for the use of the inhabitants of the municipality by which it is established and maintained, subject to such reasonable regulations as the library board prescribes in order to render its use most beneficial to the greatest number. The library board may exclude from the use of the public library all persons who willfully violate such regulations.

Attorney General opinions

• 73 Atty. Gen. 86. (1984) 
• The Madison Public Library can charge user fees for any services that fall outside of a library’s inherent information−providing functions; core “library services” must be provided free of charge to the inhabitants of the municipality.
• Applying this guideline to the various charges and fees established by the Madison Public Library, it is my opinion that only the following may be imposed: charges for use of 
• framed pictures, 
• projectors, screens, 
• audio cassette players, 
• AM/FM radios and 
• meeting and lecture rooms. 
• In my opinion these are services which are tangential to a library's inherent information-providing function. The charges for borrowing 16 mm films and for holding materials on reserve are, in my opinion, charges for core "library services" and, as such, are prohibited.
• 78 Atty. Gen. 163.  (1989)  
• Municipal libraries may not charge a fee for lending video cassettes that are part of a reasonable permanent collection, but may charge for lending additional copies. 
• Municipal libraries may not charge a fee for online searching of bibliographic or informational databases. 

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FAQ on Public Library Administration and Governance.

(Wisconsin Deportment of Public Instruction)

(3) Any municipality may purchase or acquire one or more sites, erect one or more buildings and equip the same for a public library or any library already established; or may adopt, take over and acquire any library already established, by consent of the authorities controlling the same.

(4) A municipal library may contract with library organizations within this state or in adjacent states to provide or receive library services.

History:
1971 Senate Bill 47.   43 25 (1 , (2), (3) and (4) are renumbered 43.52 (1) and 2) and 43.64 (1) and (2), respectively, and amended.
1977 Assembly Bill 1220. 43.52 (3) is created to read: Any school district which maintained and operated a public library facility prior to December 17, 1971, shall be considered a municipality for the purposes of this chapter.
1985 Wisconsin Act 187.  

• 43.52 (1) of the statutes is amended
• 43.52 (lm) of the statutes is created
• 43.52 (3) of the statutes is repealed

1989 Wisconsin Act 286.  43.52 (4) is created.
1997 Wisconsin Act 150.  43.52 (1m) is amended.
2005 Wisconsin Act 226. 43.52 (1m) 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.
Part 12:  Public library systems; general provisions.
Part 13.  Withdrawal, abolition, and expulsion.
Part 14.  Federated public library systems.
Part 15.  Consolidated public library systems.
Part 16.  State aid.
Part 17.  Public library records.