FAQ About the County Library Planning Statutes

– Based on 1997 Act 150 (SB 269)

Before joining a library system, each Wisconsin county was required to develop a county library plan. Counties are statutorily required to adopt and maintain a county library plan in order to be system members.

Approval of SB 269 by the legislature and governor means that effective July 1, 1998, there are revised statutory procedures for conducting county library planning, as well as new requirements for the content of county library plans. The statutes now clearly require that county library plans provide for reimbursement to public libraries for nonresident service within the system area. Also new is a provision allowing county plans to establish minimum standards of operation for public libraries in the county.

What the Division hopes to see is library system leadership in evaluation of current plans for compliance with the new statutes and initiation of county plan revisions in counties that are not in compliance. Annually, library systems are required to certify statutory compliance of member counties.

While the new "70 percent" county library funding requirements of Wisconsin Statutes s. 43.12 are a stand-alone section of the statutes (they are not tied to county planning requirements or system membership requirements), any review and updating of a county plan should take into consideration the new county funding requirements.

An unofficial copy of the new Wisconsin Statutes s. 43.11 county library planning law is available. Also available is an outline of a sample county library plan that indicates the elements that must, by statute, be included in a county library plan.

Frequently asked questions about the county library planning law

(these answers are informal interpretations of the new statutory provisions–libraries may wish to seek an attorney’s opinion when applying the law to particular circumstances)

What must be included in a county library plan?

Many issues can be addressed by a county library plan, but the statutes require only that the plan address the following issues:

• library services to county residents of municipalities which do not maintain a public library, including full access to all system member libraries and reimbursement for that access
• the method and level of county library service funding, which must include reimbursement for public library service within the system to county residents of municipalities which do not maintain a public library
• plans involving multicounty systems must approve of a systemwide method for allocating system board membership among the member counties

The statutes also require that any written agreements necessary to implement the proposed plan to be filed with the county board and the Division for Libraries and Community Learning.

What other issues can be addressed by a county library planning committee?

Issues related to library services for county residents, including organization of a county library or county library service board, as well as the system affiliation of the county. As of July 1, 1998, county library plans can also include minimum standards of operation for public libraries in the county (see below for special requirements for approval of minimum standards).

Who appoints a county library planning committee?

The county board. At the option of the county board, an existing county library board, county library service board or single-county library system board can be designated to serve as the county library planning committee. The Division for Libraries and Community Learning must be notified of the appointment of a county library planning committee.

Who serves on a county library planning committee?

Whoever is appointed by the county board. We recommend that committee members include representatives of public libraries in the county, county board members, and county residents of municipalities which do not maintain a public library. Library system representation on the committee or in an advisory capacity is also advisable.

How is a new or revised county library plan approved?

The county library planning committee must hold public hearings on any new or revised plan, to which representatives of all libraries in the county must be invited. The new or revised county library plan becomes official upon approval by the county board. An additional requirement is that all plans that include minimum standards for library operation must be approved by at least 50% of the municipal library boards in the county, which must represent at least 80% of the population of the municipalities with public libraries. The final plan must also be filed with the Division for Libraries and Community Learning.

How is a county library plan maintained?

A county library plan can be maintained through the annual adoption of a county budget for library services which meets statutory maintenance of effort requirements.

Under Wis. Stats. s. 43.11, county plans must now provide for reimbursement for use of other system libraries by county residents that do not maintain a library. What constitutes county reimbursement, can it be something other than cash?

The DLCL believes that the intent of the legislature was to require counties to provide funding to all system libraries that serve county residents of municipalities which do not maintain a library. The statutes, however, do not specify any particular level of required reimbursement. At a minimum, county plans must address the issue of reimbursement for their "non-libraried" residents’ use of all public libraries within the system, and provide for at least some funding for this service. An equitable basis for such reimbursement would be for all libraries in the system to be reimbursed according to the same formula used by the county to reimburse libraries located within the county.

Can the county funding required under Wis. Stats. s. 43.11 be provided to the system, with the system providing the actual reimbursements to member public libraries?

Yes. Like the "70 percent" reimbursements required under Wis. Stats. s. 43.12, the reimbursements required under Wis. Stats. s. 43.11 can be passed through the system or county library service.

Does a county library plan for a county with a consolidated county library need to provide for reimbursement for use of other system libraries by county residents who live in a municipality that does not maintain a public library?

No, because a county with a consolidated county library contains no residents who live in a municipality that does not maintain a public library.

I have other questions. Who do I contact?

Contact your library system for specific questions about your county plan. Other questions can be directed to John DeBacher DPI Public Library Administration Consultant, (608) 266-7270.

For questions about this information, contact John K. DeBacher (608) 266-7270

Last updated on 2/25/2008 9:06:01 AM