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43.001 43.001 Legislative findings and declaration of policy.
43.001(1)(1) The legislature recognizes:
43.001(1)(a) (a) The importance of free access to knowledge, information and diversity of ideas by all residents of this state;
43.001(1)(b) (b) The critical role played by public, school, special and academic libraries in providing that access;
43.001(1)(c) (c) The major educational, cultural and economic asset that is represented in the collective knowledge and information resources of the state's libraries;
43.001(1)(d) (d) The importance of public libraries to the democratic process; and
43.001(1)(e) (e) That the most effective use of library resources in this state can occur only through interlibrary cooperation among all types of libraries.
43.001(2) (2) The legislature declares that it is the policy of this state to provide laws for the development and improvement of public libraries, school libraries and interlibrary cooperation among all types of libraries.
43.001 History History: 1985 a. 177.
43.01 43.01 Definitions. In this chapter:
43.01(1) (1) "Department" means the department of education.
Effective date note NOTE: Sub. (1) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text (1) "Department" means the department of public instruction.
43.01(2) (2) "Division" means the division for libraries and community learning in the department.
43.01(3) (3) "Municipality" means a city, village, town, tribal government or tribal association, or a school district that maintained and operated a public library facility prior to December 17, 1971.
43.01(4) (4) "Network" means a formal arrangement between libraries or other informational service organizations whereby materials, information and services are exchanged and made available to potential users.
43.01(5) (5) "Public library system" means a system established as either a federated public library system under s. 43.19 or a consolidated public library system under s. 43.21.
43.01(6) (6) "Secretary" means the secretary of education.
Effective date note NOTE: Sub. (6) is shown as repealed and recreated eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text (6) "State superintendent" means the state superintendent of public instruction.
43.03 43.03 General duties of department. The department shall:
Effective date note NOTE: Section 43.03 (intro.) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text 43.03 General duties of state superintendent. The state superintendent shall:
43.03(1) (1) Promote, assist and plan the organization, development and improvement of school library media services to provide the resources needed for teaching and learning in the schools.
43.03(2) (2) Promote, assist, plan and coordinate the organization, development and improvement of public library services and public library systems to serve the needs of all citizens in the state.
43.03(3) (3)
43.03(3)(a)(a) Promote cooperation and resource sharing among public libraries, school libraries, other types of libraries and related agencies.
43.03(3)(b) (b) Plan, coordinate, evaluate and set statewide priorities for the development of networks to enable library cooperation and resource sharing within this state and between this state and resource providers in other states.
43.03(3)(d) (d) Submit to the council on library and network development a biennial report which describes the programs and policies carried out under pars. (a) and (b) in the preceding biennium and the programs and policies to be carried out under pars. (a) and (b) in the succeeding biennium.
43.03(4) (4) Plan and coordinate the provision of library services to groups with special needs, including institutional residents, the physically and mentally handicapped, the socially and economically disadvantaged and racial and ethnic minorities.
43.03(5) (5) Accept, on behalf of the state, grants from the federal government or any federal agency or gifts or grants from any other source to be used for the purposes designated under this chapter.
43.03(6) (6) Enter into an annual contract with the public library in a 1st class city for the provision of library services to physically handicapped persons, including the blind and visually handicapped, certified by competent authority as unable to read or use conventional printed materials as a result of physical limitations. For the purpose of this subsection, "competent authority" means any member of the medical or allied professions, and professional persons in the fields of public health, education, library service, rehabilitation, social work and public welfare.
43.03(7) (7) Contract for service with libraries and other resource providers in and outside of this state to serve as resources of specialized library materials and information not available in the reference and loan library under s. 43.05 (11).
43.03(8) (8) Establish procedures necessary for the internal administrative operation of the division.
43.03(9) (9) Develop and maintain a computer data base containing bibliographic and library holding information for all types of library materials owned by libraries throughout the state to serve as a resource sharing tool and assist libraries in developing computerized bibliographic data bases.
43.03(10) (10) Disseminate information regarding appropriate continuing education activities available to librarians, library board members, library support staff and other related professionals.
43.03 History History: 1979 c. 347; 1985 a. 177; 1995 a. 27.
43.05 43.05 General duties of the division. The division shall:
43.05(1) (1) Coordinate and conduct continuing education programs for librarians of school library media programs, public libraries, public library systems and institutional library programs.
43.05(2) (2) As it deems appropriate, assist libraries in the identification and recruitment of qualified personnel.
43.05(3) (3) Provide professional and technical advisory, consulting and informational services to assist:
43.05(3)(a) (a) School districts establishing, maintaining or expanding school library media programs and facilities;
43.05(3)(b) (b) Public libraries, municipalities establishing, maintaining or expanding public libraries, counties establishing, maintaining or expanding public library services, public library systems and their governing bodies;
43.05(3)(c) (c) State agencies and officers; and
43.05(3)(d) (d) Institutional library programs.
43.05(4) (4) Collect library statistics and conduct studies and surveys of library needs throughout the state and report and publish the findings. The research shall be coordinated with statewide library planning.
43.05(5) (5) Designate a librarian to serve as a coordinator of activities for state document depository libraries under ss. 35.81 to 35.835 and to fulfill its responsibilities under ss. 35.81 to 35.835.
43.05(6) (6) Recommend and distribute standards for school library programs and facilities to school library media programs, standards for public libraries to public library governing bodies and standards for institutional library programs to governing bodies and administrators of institutional library programs and to heads of departments, as defined under s. 15.01 (8), which administer institutional libraries.
43.05(7) (7) Establish standards for public library systems under s. 43.09 (2).
43.05(8) (8) Establish standards for and issue certificates to public librarians under s. 43.09 (1).
43.05(9) (9) Approve the establishment of public library systems under s. 43.13.
43.05(10) (10) Administer aids to public library systems under s. 43.24.
43.05(11) (11) Maintain a reference and loan library to supplement the collections of all types of libraries in this state by providing specialized materials not appropriately held and information sources not provided by local libraries or readily available from other area or state-level resource providers. The library shall provide specialized information services to state agency libraries and state employes, institution libraries, public library systems, public libraries, school libraries and other types of libraries according to policies developed by the division. Library and information services may include development of collections of specialized materials, interlibrary loan services, reference services, provision of data base search services and maintenance of a statewide data base of library materials. The library may contract with state agencies and libraries to provide library material cataloging and processing services.
43.05(12) (12) Assist the council on library and network development in the preparation of the descriptive and statistical report to be prepared by the council under s. 43.07 (5).
43.05(13) (13) Carry out such other programs and policies as directed by the department.
Effective date note NOTE: Sub. (13) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text (13) Carry out such other programs and policies as directed by the state superintendent.
43.07 43.07 Council on library and network development. The department and the division shall seek the advice of and consult with the council on library and network development in performing their duties in regard to library service. The secretary or the administrator of the division shall attend every meeting of the council. The council may initiate consultations with the department and the division. The council shall:
Effective date note NOTE: Section 43.07 (intro.) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text 43.07 Council on library and network development. The state superintendent and the division shall seek the advice of and consult with the council on library and network development in performing their duties in regard to library service. The state superintendent or the administrator of the division shall attend every meeting of the council. The council may initiate consultations with the department and the division. The council shall:
43.07(1) (1) Make recommendations to the division in regard to the development of standards for the certification of public librarians and standards for public library systems under s. 43.09.
43.07(2) (2) Advise the secretary in regard to the general policies and activities of the state's program for library development, interlibrary cooperation and network development.
Effective date note NOTE: Sub. (2) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text (2) Advise the state superintendent in regard to the general policies and activities of the state's program for library development, interlibrary cooperation and network development.
43.07(3) (3) Advise the secretary in regard to the general policies and activities of the state's program for the development of school library media programs and facilities and the coordination of these programs with other library services.
Effective date note NOTE: Sub. (3) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text (3) Advise the state superintendent in regard to the general policies and activities of the state's program for the development of school library media programs and facilities and the coordination of these programs with other library services.
43.07(4) (4) Hold a biennial meeting for the purpose of discussing the report submitted by the department under s. 43.03 (3) (d). Notice of the meeting shall be sent to public libraries, public library systems, school libraries and other types of libraries and related agencies. After the meeting, the council shall make recommendations to the department regarding the report and any other matter the council deems appropriate.
Effective date note NOTE: Sub. (4) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text (4) Hold a biennial meeting for the purpose of discussing the report submitted by the state superintendent under s. 43.03 (3) (d). Notice of the meeting shall be sent to public libraries, public library systems, school libraries and other types of libraries and related agencies. After the meeting, the council shall make recommendations to the state superintendent regarding the report and any other matter the council deems appropriate.
43.07(5) (5) On or before July 1 of every odd-numbered year, transmit to the department a descriptive and statistical report on the condition and progress of library services in the state and recommendations on how library services in the state may be improved. The department shall include the report as an addendum to the department's biennial report under s. 15.04 (1) (d).
Effective date note NOTE: Sub. (5) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text (5) On or before July 1 of every odd-numbered year, transmit to the state superintendent a descriptive and statistical report on the condition and progress of library services in the state and recommendations on how library services in the state may be improved. The state superintendent shall include the report as an addendum to the department's biennial report under s. 15.04 (1) (d)
43.07(6) (6) Review that portion of the budget of the department relating to library service. Recommendations of the council in regard to the budget shall accompany the department's budget request to the governor.
43.07(7) (7) Receive complaints, suggestions and inquiries regarding the programs and policies of the department relating to library and network development, inquire into such complaints, suggestions and inquiries, and advise the secretary and the division on any action to be taken.
Effective date note NOTE: Sub. (7) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168-OA. Prior to Act 27 it read:
Effective date text (7) Receive complaints, suggestions and inquiries regarding the programs and policies of the department relating to library and network development, inquire into such complaints, suggestions and inquiries, and advise the state superintendent and the division on any action to be taken.
43.07 History History: 1979 c. 347; 1983 a. 524; 1985 a. 177; 1995 a. 27.
43.09 43.09 Certificates and standards.
43.09(1) (1)Public librarians. The division shall issue certificates to public librarians and promulgate, under ch. 227, necessary standards for public librarians. The qualifications for public librarians shall be based on education, professional training and experience. Certificates already granted prior to December 17, 1971, shall remain in effect.
43.09(2) (2)Public library systems. The division, by rule, shall promulgate necessary standards for public library systems. Such rules shall be consistent with s. 43.15 and shall be established in accordance with ch. 227, except that the division shall hold a public hearing prior to adoption of any proposed rule. In addition to the notice required under s. 227.17, the division shall endeavor to notify each public library of such public hearings. Standards for public library systems shall be based on the population served, adequacy of the buildings and physical facilities, the qualifications and number of personnel, book resources and other library materials, financial support and such other standards as the division finds necessary to ensure adequate library service.
43.09 History History: 1971 c. 152; 1979 c. 347; 1985 a. 177; 1985 a. 182 s. 57.
43.11 43.11 County library planning committees.
43.11(1) (1)Creation. Any county board may appoint a county library planning committee under this section. If a county board, in a county where all public library service is administered or coordinated by an existing library board, determines to appoint a committee under this section, the existing library board shall serve as the county library planning committee. The county board shall notify the division immediately upon appointment of the committee.
43.11(2) (2)Organization.
43.11(2)(a)(a) The county library planning committee shall be composed of not less than 7 nor more than 15 members. The residence of members shall reflect the population distribution within the county. The membership shall include representatives of existing public libraries in the county. One member only shall be a member of the county board. Appointments shall be for 3 years or until the committee's final report is accepted by the county board and the division, whichever occurs first.
43.11(2)(b) (b) Annually, the committee shall select a chairperson, vice chairperson and secretary from its membership. The committee shall meet at least once every 3 months and more often on the call of the chairperson or a majority of its members.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?