To: Winnefox System Board

From: Mark W. Arend, Interim Assistant Director

Re: Legislative activity—Wisconsin Act 420 (formerly SB-272)

Date: 22 May 2006

This bill is one of a pair of bills based on recommendations that came out of the State Superintendent's Task Force on Public Library Legislation and Funding which met several years ago. Their recommendations were divided into two categories, non-controversial items that had broad general support and agreement and/or cleaned up inconsistencies in the statutory language (referred to as the “Language Bill”) and items on which there was less agreement or which might prove to be controversial (referred to as the “Reform Bill”).  SB-272 was the “Reform Bill”. It was signed into law by Governor Doyle on 19 May 2006. 
 
The list below outlines the provisions of this law and their potential impact on Winnefox and its members. 

Provision 1: Previously, if a public library system has a population of less than 100,000 as a result of the withdrawal or realignment of participating municipalities or counties, the system was required to realign with an existing system within two years. Now, if as a result of the withdrawal or realignment of participating counties a system’s population falls below 200,000 and it has fewer than three participating counties the system must realign with an existing system within two years.

Effect: If two or more Winnefox member counties would decide to withdraw from the system causing our service population to go below 200,000 and our member counties to drop below 3, the remaining counties would have to realign with another system within two years. If this happened in a neighboring system we might be asked to allow an additional county to join Winnefox.

Provision 2: This act adds several new system membership requirements.

1. A library director must be present in the library for at least ten hours each week that the library is open, less leave time. This provision addresses a problem in some small libraries where a person who is eligible for certification is hired as a director in name only but beyond signing papers does not do any work. These libraries are run by a lower-paid person who is not eligible for certification.
2. Beginning in 2008 a library would have to spend at least $2,500 annually on library materials. $2,500 is one quarter of the minimum amount which the DPI recommends libraries spend annually on materials.
3. Beginning in 2008, a library would have to be open to the public an average of 20 hours each week or at least the number of hours a week the library was open in 2005, whichever is fewer. 20 hours per week is less than the 25 per week recommended by the DPI.

Effect: Based on information in the 2005 annual reports all Winnefox member libraries were open at least 20 hours per week. One library spent less than $2,500 on materials. All Winnefox directors work more than 10 hours a week, however we do not know how much of that time is while the library is open.

Provision 3: The bill as originally presented would have allowed a system to adopt a plan requiring member libraries to compensate other libraries for crossover borrowing (when residents of one community use a library in another community). This provision was removed but one was added allowing a county to adopt a plan requiring member municipality to compensate other municipalities for crossover borrowing (when residents of one community use a library in another community). Municipalities who fail to make such compensation would not be eligible to exempt from the county library levy.

Effect: No Winnefox counties currently have a provision in their plan or agreement addressing compensation for crossover borrowing.

Provision 4: Previously two library systems intending to merge require the approval of each system board, the county boards of all participating counties, and 51% of the member libraries in each system. This library approval requirement has been eliminated.

Effect: This provision would make it easier for two systems to merge.

Provision 5: This act prohibits a public library system from being established if its establishment would cause the number of systems to exceed the number in existence on the bill’s effective date. There are currently 17 library systems in Wisconsin.

Effect: This should have no effect on Winnefox or its members.

Provision 6: Under this act, if a municipality located in a county that maintains a consolidated county library wishes to establish a new library or participate in a joint library, it must, in addition to the existing requirements, obtain the approval of the county library board and the county board of supervisors.

Effect: This will have no effect at this time, because none of our member counties maintains a county library.

Provision 7: Under this act, a joint library agreement reviewed or modified after the bill becomes law must:

1. Include a procedure for adjusting the membership of the board to ensure that it remains representative of the populations of the participating municipalities.
2. Name one of the participants as the library’s fiscal agent.
3. Include a procedure for the distribution of the library’s assets and liabilities if the library is dissolved.

Effect: Two Winnefox member libraries are joint libraries: Leon-Saxeville Township library is maintained by the towns of Leon and Saxeville in Waushara County and Caestecker Public Library is maintained by the City of Green Lake and the Town of Brooklyn in Green Lake County. If and when they renew or modify their agreements these changes will have to be incorporated into the agreements.

As originally written the bill contained a provision requiring that, if a joint library was created on or after the bill’s effective date, each municipality participating in the joint library must levy a tax for public library service at the same rate. This provision was removed.

Provision 8: Under current law, a county must pay to each library in the county an amount equal to at least 70% of the cost of library use by rural residents. Beginning in 2008 libraries would be entitled to at least 70% of the cost of serving residents of adjacent counties.

Effect: This will require additional statistical reporting by Winnefox and its members.