FAQ About County Library Funding to Libraries
in Adjacent Counties (Act 420)

— Based on 2005 Act 420 (SB 272)

In April, 2006 the legislature passed Senate Bill 272, which was signed into law as 2005 Act 420 by Governor Jim Doyle on May 19, 2006. A new provision of the law extends to adjacent counties the requirement that counties reimburse public libraries for the cost of serving county residents who live in areas of the county without public library service. Beginning in 2008, libraries in adjacent counties, both within and across system borders (but excluding Milwaukee County), may be reimbursed for library use by residents of each of those counties who do not maintain a public library.

How and when does our library seek reimbursement?

The law utilizes the same schedule and requirements that were established under 1997 Act 150 for reimbursement payments to public libraries within counties. To receive reimbursement by March 1, 2008 (the first year the statutes require the reimbursement by adjacent counties), the library must provide the following information to county clerks by July 1, 2007:

1. the number of loans of library materials by the library during the prior calendar year (in this case, 2006) to residents of an eligible adjacent county who are not residents of a library municipality,
2. the library’s total number of all loans of material during the prior calendar year (2006),
3. the total library operating expenditures (not including capital expenditures or expenditures of federal funds) for the prior calendar year (2006).

From these the county clerk can determine the cost-per-loan and the amount to be paid to the library. Staff at the library system or the county library service may be able to facilitate this process. In some cases, new patron variables or residence fields may have to be established in the library’s automation system in order to extract the relevant residency information.

It is essential that data be collected in a manner that can withstand scrutiny by the county. If your library has rigorous procedures for confirming the place of residence of each user, and if your library keeps an actual count of annual usage broken down by place of residence, the county will probably have no problems accepting your data.

The statute provides that a county clerk may have access, upon request, to all books and records used to determine both the annual library material loans to county residents who do not maintain a public library and the total annual library material loans. However, the identity of individuals using the library is protected under Wisconsin Statutes s. 43.30.

Each year by July 1 a library must submit the appropriate information based on prior year activities in order to be reimbursed by the county by the following March.

Do libraries automatically get reimbursed?

No. Each year libraries must submit their request to the clerk of the adjacent county by July 1 of the year for loans during the previous year to residents in eligible areas of the county. The county must then reimburse the library for at least 70% of the cost by March 1 of the following year.

How do we track the use?

Over 80% of public libraries are members of Integrated Library Systems (ILS) maintained by the public library system that automate the process of tracking the loan of library materials. These shared ILS consortia should make sure that circulation reports can be generated for member libraries to establish patron use in adjacent counties so that residents of municipalities that do not maintain a public library can be distinguished from those that do. Libraries with stand-alone ILS systems or manual circulation processes should establish procedures to track the loan of materials to library users in such a way as to be able to determine the total loans each year to residents of individual municipalities. The total number of loans for the prior year to residents of areas without direct library service should be submitted to the county clerk by July 1 of each year, beginning in 2007, along with the total cost of library operations for the previous year and the total circulation for the library.

Will we be reimbursed by all adjacent counties?

Not necessarily. Some counties either have a consolidated library service or a joint city-county library. In other counties, any areas of the county not serviced by municipal libraries have established branches of a county library service that provide service to the rest of the county. In these cases there would be no areas of the county without either county or other municipal library service. Some other counties have a number of municipal libraries (city, village, tribal, or joint libraries) that encompass most of the area of the county. The county is required to reimburse only for loans to residents of those municipalities that do not have their own library or participate in a joint library.

What is an “adjacent county?”

A county is considered adjacent if it shares a border, even at a single point, with your county.

Can we establish what areas of the adjacent county are eligible for reimbursement by requesting a list of municipalities that are subject to the county library tax?

Not necessarily. Municipalities with public libraries are not required to request exemption from the county library tax under s. 43.64(2)(b). Loans to their residents would not be eligible for county reimbursement even though their property is subject to the county library tax.

The municipalities in our joint library have property that spans over three counties. Is our library eligible for reimbursement by any county adjacent to any of those three counties?

Yes. So long as one of the municipalities has a border extending into another county, any counties adjacent would be subject to reimbursement, assuming eligible residents from those counties use your library.

How do we determine what municipal areas of the adjacent county are subject to the new reimbursement requirements?

Similar to the process used under 1997 Act 150, your library system may be able to assist you. Also, the public library annual report data, available online here: http://dpi.wi.gov/pld/dm-lib-stat.html lists municipalities that are members of joint library agreements. Circulation to residents of those municipalities, in addition to other municipalities in the county with public libraries would not be eligible for reimbursement.

Do we have to subtract 500 loans from the total for each eligible municipal area?

No. That provision is related to the threshold at which a library can refuse to serve residents of an adjacent library system under s. 43.17(10) & (11).

Can counties refuse to pay the reimbursement?

No. The reimbursement is required in the statutes. While no specific penalty is incorporated in the statute, a county that fails to reimburse when properly notified could be sued by the library seeking payment.

Can our library be reimbursed by other cities, villages, or towns in adjacent counties that have libraries?

Yes, although those municipalities are not required to do so.

Are the reimbursement payments to public libraries subject to levy limits?

All payments to public libraries by counties under s. 43.12 are exempt from county levy limits in 2008 and 2009.

I have other questions. Who do I contact?

Contact your library system for specific questions about your library's situation. More general 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 2/18/2009 3:12:53 PM