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Summary of Changes to Chapter 43 (Legislation passed in 2006)

(Act 226 and 420, formerly known as SB 272 and SB 273, or the "Language" and "Reform" Bills)

(a similar version of this document is available in Word and PDF)

Background

2005 Wisconsin Act 226 (formerly known as SB 273, or the "Language" Bill)

2005 Wisconsin Act 420 (formerly known as SB 272, or the "Reform" Bill)

Background:  On March 27, 2006, Governor Doyle signed SB 273 (the "Language" Bill), which updates and clarifies language in Chapter 43 relating to public libraries and public library systems.   The bill became law as Act 226.

On May 19, 2006, Governor Doyle signed SB 272 (the "Reform" Bill), which makes more substantial modifications to statutory provisions relating to the organization and funding of public libraries and public library systems.  The bill became law as Act 420. 

Both acts took effect on the day after they were published, except that the portion of Act 420 that relates to payments to libraries in adjacent counties takes effect on July 1, 2006.   Both acts were based on recommendations of the Task Force on Public Library Legislation and Funding. 

Chapter 43 (PDF) as posted on the Wisconsin State Legislature website incorporates both Acts, as of August 8, 2006. 

A summary of the provisions of both bills is provided below.  You may also want to see the articles about them in the March-April 2006 issue of Channel, the bimonthly newsletter of the Division for Libraries, Technology, and Community Learning (DLTCL). 

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Act 226 (the "Language" Bill, SB 273) makes the following changes to Chapter 43:

• Allows a streamlined procedure for approval of recurrent expenditures, such as salaries and benefits.  This type of expenditure may now be paid by the appropriate municipal or county official when due (which may be prior to a library board meeting), provided they are approved at the library board's next regular meeting.  This provision allows library employees to be paid in a more timely manner, and regular bills to be paid without incurring late fees.  See 43.58(2)(a) and (b). 
• Clarifies that any amount spent for capital projects is excluded from the financial support level (maintenance of effort) required for system membership.  See 43.15(5).
• Expands county board authority to appoint up to 5 additional members to a local library board, depending upon the ratio of county funding to municipal funding.  (Previously, the most the county could appoint to a local board was 2.)  See 43.54(1)(a) and 43.60(3).
• Extends the time frame for election of board officers from 30 days after appointment, to 60 days.  See 43.54(2).
• Allows more flexibility in how a library board can invest its gift or endowment funds.  See 43.58(7)(b).  See also 112.10 and 66.0603(1m) and (2). 
• Clarifies the provision allowing a public library to refuse to honor a library card issued by a library in an adjacent system, by referring to "the most recent year in which the public library honored such cards."  See 43.17(11)(b).
• Allows a public library to retain system membership while providing remote access to electronic databases to only their residents.  See 43.15(4)(c)4.
• Makes clear that a library board must report on all funds held by the board in their state annual report.  See 43.58(6)(a).
• Clarifies that the total amount of funding received from a joint library's governing bodies must maintain the average of the last 3 years. See 43.15(4)(c)5.
• Excludes county money spent for capital from the calculation for a municipality to exempt from paying the county library tax levy.  See 43.64(2)(b) and (2)(b)1.
• Allows municipal library boards to direct the county to pay all or a portion of their county payment for library services to a county library service or library system for shared services.  See 43.12(1).
• (Removes some irrelevant dates,adds some clarifying language, etc.)

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Act 420 (the "Reform" Bill, SB272) makes the following changes to Chapter 43:

• Extends the provision requiring counties to reimburse libraries for usage by residents who do not maintain a library at a minimum of 70%, to adjacent counties.  This provision first applies to payments made by March 1, 2008, for library service provided in 2006, and reported to county clerks by July 1, 2007.  43.12(2).  See Sections 1m and 2 of Act 420.
• Requires minimum standards for libraries in order to retain system membership:
  • Director's schedule must include at least 10 hours per week in the library, during hours the library is open to the public.  43.15(4)(c)6.  See Section 5 of Act 420.
  • Beginning in 2008, libraries must be open at least 20 hours per week, or, for existing libraries, at least the number of hours open in 2005.  New libraries which are established must be open at least 20 hours.  43.15(4)(c)7.  See Section 6 of Act 420. 
  • Beginning in 2008, libraries must spend at least $2,500 on library materials annually.  43.15(4)(c)8.  See Section 7 of Act 420. 
• Requires cities and villages that seek to establish a new library in a county which operates a consolidated county library to receive approval from the county library board and the county board of supervisors (all towns are already required to do this).  43.52(1m)(b).  See Section 13 of Act 420. 
• Allows a county's plan of library service to require the county's libraries to participate in an intermunicipal compensation plan in order to exempt from the county library levy.  43.11(3)(e) and 43.64(2m).  See Sections 1d and 16m of Act 420. 
• Requires that new, modified, or renewed joint library agreements:
  • Provide for review and adjustment of library board membership based on the most recent federal census.
  • Provide that one of the participating municipalities is the fiscal agent for the library, handle payroll, etc.
  • Include a procedure for dissolution of assets if the joint library is dissolved.
  • 43.52(2).  See Sections 14 and 15 of Act 420. 
• Adds provisions relating to the number of public library systems, system size, etc.:
  • No new systems can be created.  43.15(5).  See Section 9 of Act 420.
  • If a system falls below 3 counties and 200,00 population because of withdrawal or realignment, it must merge within an existing system within 2 years.  43.15(1)(a).  See Section 3 of Act 420.
  • The only requirement for approval of merger of two systems is approval by the system boards and the county boards of participating counties.  43.15(4)(a).  See Section 4 of Act 420.
• Allows DPI flexibility in recommending how state funding at the 13% index level may be requested.  43.24(6).  See Section 11 of Act 420. 

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For more information about library law, contact Denise Anton Wright.

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