A public library system shall not be established unless it meets the requirements under this section.

   (1)   Population. The territory within the system shall:

      (a)    Have a population of 100,000 or more. If, because of the withdrawal or realignment of participating counties, a public library system has fewer than 3 participating counties and a population under 200,000, the remaining parts of the system shall realign with an existing system within 2 years after the date on which the population falls below 200,000.

      (b)    After July 1, 1998, no new system may be established unless it serves a population of at least 200,000.

   (2)   Financial support. Each county proposed to be included within a system shall demonstrate, to the satisfaction of the division, its ability to provide adequate funding to implement the plan submitted under s. 43.11 (3) and the report submitted under s. 43.13 (1).

   (3)   Territory included.

      (a)    A consolidated system shall consist of one county only. A federated system shall consist of one or more counties.

      (b)    No more than one system may be established within a single county. If the territory of a municipality lies in 2 or more counties which are not in the same public library system, the municipal library board or, if no such board exists, the municipal governing body shall determine the system in which the municipality will participate.

      (c)    If the territory of a joint library lies in 2 or more counties that are not in the same public library system, the joint library board or, if no such board exists, the governing bodies of the municipalities and counties that created the joint library shall determine the system in which the joint library will participate.

   (4)   Method of organization.

      (a)    A public library system may be organized as a single-county federated public library system, a multicounty federated public library system, or a single-county consolidated public library system. Two public library systems may merge with the approval of each public library system board and the county boards of the participating counties.

      (b)    A county may participate in a federated public library system if it does all of the following:

         1.    Adopts and maintains the plan of library service submitted and approved under ss. 43.11 (3) and 43.13 (1).

         2.    Provides the financial support for library services required under sub. (2).

         3.    Enters into a written agreement with the public library system board to participate in the system and its activities and to furnish library services to residents of those municipalities in the county not maintaining a public library.

      (c)    A municipal, county or joint public library may participate in a public library system if it meets all of the following requirements:

         1.    Is established under this chapter. A tribal college-county joint library under s. 43.57 (2m) is a library established under this chapter.

         2.    Is located in a county that participates in a public library system.

         3.    Is authorized by its municipal governing body or county board to participate in the public library system. If the library is a tribal college-county joint library, it is authorized by an agreement under s. 43.57 (2m).

         4.    Enters into a written agreement with the public library system board to participate in the system and its activities, to participate in interlibrary loan of materials with other system libraries, and to provide, to any resident of the system area, the same library services, on the same terms, that are provided to the residents of the municipality or county that established the member library. This subdivision does not prohibit a municipal, county, or joint public library from giving preference to its residents in library group programs held for children or adults if the library limits the number of persons who may participate in the group program, or from providing remote access to a library’s online resources only to its residents.

         6.    Employs a head librarian who is certified as a public librarian by the department and whose employment requires that he or she be present in the library for at least 10 hours of each week that the library is open to the public, less leave time.

         7.    Beginning in 2008, annually is open to the public an average of at least 20 hours each week except that for a library in existence on June 3, 2006, annually is open to the public an average of at least 20 hours or the number of hours each week that the library was open to the public in 2005, whichever is fewer.

         8.    Beginning in 2008, annually spends at least $2,500 on library materials.

      (d)    A county may establish a consolidated public library system in which the included county and its underlying communities form a single system. The county may, for such purposes, take over and acquire any library property by consent of the authority controlling that property.

   (5)   Capital costs excluded. For the purpose of determining the amount of financial support required under sub. (4) (b) 2., amounts spent for capital projects shall be excluded.

   (5m)   Limit. A public library system may not be established if its establishment would cause the number of public library systems to exceed the number in existence on June 3, 2006.