8 chapters · 85 sections in this title.
SDCL § 14-2-27 Definition of terms
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Terms as used in this chapter, unless the context otherwise plainly requires, shall mean: (1) "Governing body," the commission, council, or other elected body which governs a local governmental unit; (2) "Librarian," the chief administrative officer of a public library; (3) "Loca…
SDCL § 14-2-28 Existing libraries covered by chapter--Changes to effect compliance--Terms of previous contracts unaffected
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Every existing public library shall be considered to be established under this chapter, and the public library board of trustees and the governing body of the local governmental unit in which the library is located shall make any changes necessary to effect compliance with the te…
SDCL § 14-2-29 Optional methods of providing library service
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Any governing body may provide public library services by either: (1) Establishing a public library; (2) Contracting with an established public library for extension of its services and loan of its materials to the citizens of the contracting local governmental unit; or (3) Joini…
SDCL § 14-2-30 Resolution or ordinance to provide services
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Any governing body may provide for public library services under one of the options offered in § 14-2-29 by passing and entering upon its minutes a resolution or ordinance to that effect. Source: SL 1976, ch 143 , § 3.
SDCL § 14-2-31 Services provided on approval by voters
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A governing body shall provide for library services under one of the options offered in § 14-2-29 if a majority of its voters at any general election affirmatively answer the question: "Shall the (local governmental unit) provide public library services?" Source: SL 1976, ch 143 …
SDCL § 14-2-32 Petition to require referendum on library services--Referendum on motion of governing body
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A governing body shall enter an order for the question as set forth in § 14-2-31 to be placed on the ballot at the next general election upon receipt of a petition signed by a number of registered voters equal to not less than five percent of the total number of votes cast within…
SDCL § 14-2-33 County containing municipalities with libraries--Petition and election outside municipality only--Election of municipality to be included
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When a county is the local governmental unit petitioned under the provision of § 14-2-32 and that county contains within its geographical boundaries one or more municipalities which provide and support public library services, then the petition shall be signed only by those peopl…
SDCL § 14-2-34 Services continued by chartered governmental units
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Any local governmental unit which becomes a, or part of a, chartered governmental unit shall continue to provide public library services as provided by this chapter. Source: SL 1976, ch 143 , § 23.
SDCL § 14-2-35 Board of public library trustees--Appointment and terms of members
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Any public library established under subdivision § 14-2-29(1) shall be governed by a board of public library trustees. The governing body shall appoint five competent citizens broadly representative of the population of the local governmental unit. One of the citizens shall be ap…
SDCL § 14-2-36 Contract with established library--Annual appointment of additional trustees--Number proportional to contributed funds
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If a governing body contracts with an established public library under subdivision 14-2-29(2), it may annually appoint additional members to the contracted public library board of public library trustees; provided, that the number of trustees appointed shall be in proportion to i…
SDCL § 14-2-37 Joint public library--Board of trustees--Proportional appointment
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If one or more governing bodies join under the provision of chapter 1-24 to create a joint public library, the joint public library shall be governed by a board of public library trustees appointed respectively by each participating governing body in a number proportional to the …
SDCL § 14-2-38 School board contracts for library services--Proportional appointment of trustees by board--Maximum number
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A school board of any school district may contract with any board of public library or joint library trustees for provision of any or all school library services. If twenty percent or more of the cost of providing these combined school and public library services shall be borne b…
SDCL § 14-2-39 Per diem and expenses of trustees
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Members of public library boards of trustees may receive per diem and expenses in the performance of their duties in amounts set by their respective governing bodies. Source: SDC 1939, §§ 12.2502, 45.3102; SL 1959, ch 167 , § 4; SDC Supp 1960, § 29.03A04; SL 1966, ch 29 ; SDCL, §…
SDCL § 14-2-40 Duties of trustees
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Each board of public library trustees shall: (1) Appoint a librarian to serve at the pleasure of the board. Any paid librarian shall receive any employee benefits provided all other employees of the local governmental unit and shall be compensated at rates determined by the gover…
SDCL § 14-2-41 Powers of trustees
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Each board of public library trustees may: (1) Accept any gift, grant, devise, or bequest made or offered by any person, private agency, agency of state government, the federal government, or any of its agencies, for library purposes. Each donation shall be administered in accord…
SDCL § 14-2-42 Duties of librarians
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Each librarian shall: (1) Serve as secretary to the board of public library trustees and keep all its records; (2) Prepare such reports, budgets, and other documents as are required by the board of public library trustees or are required of the board by its governing body; (3) Ap…
SDCL § 14-2-43 Quarters for library--Location--Selection and approval
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Each local governmental unit shall provide and maintain quarters for its public library. Such quarters shall be accessible to and conveniently located for all citizens of the area to be served and shall be selected by the board of public library trustees and approved by the gover…
SDCL § 14-2-44 Bond issuance for building construction--Use of municipal special assessment funds or county tax levies
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A local governmental unit may issue bonds under the provisions of chapter 7-24 or 9-26 for the purpose of constructing a public library building. Funds or tax levies authorized by §§ 7-25-1 and 9-43-120 may be used for the construction of public library buildings. Source: SDC 193…
SDCL § 14-2-45 Long - term lease for building acquisitions--Maximum term--Property included--Rent payment sources
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Any governing body or the board of trustees of a joint library with the permission of each of its participating governing bodies shall have the power to enter into a long - term lease, for a term not to exceed thirty years, with or without an option to renew or purchase, for the …
SDCL § 14-2-46 Building funds--Appropriations--Continuation of previously established funds--Transfer of surplus to other funds
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Any local governmental unit may establish a public library building fund and make appropriation to such fund. Any public library building funds established under previous law shall be continued and new appropriations may be made to them. If at any time a board of public library t…
SDCL § 14-2-47 Expenditures for public library services, materials and facilities
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A governing body may appropriate funds for the provision of public library services, for the purchase of public library materials, and for the provision and maintenance of quarters for the public library. Source: SDC 1939, §§ 12.2504, 45.3107; SL 1951, ch 248 , § 1; SL 1955, ch 2…
SDCL § 14-2-48 SDCL 14-2-48
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Repealed by SL 1985, ch 77 , § 42.
SDCL § 14-2-49 Discard of old library materials--Marking--Disposition
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Any public library may discard over - duplicated, outdated, inappropriate, or worn library materials; provided, that such materials shall be marked clearly with the words: "Discarded, __________ public library" wherever the property label of such library appears. Such discarded m…
SDCL § 14-2-50 Discontinuance of services by vote
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Public library services provided for under this chapter may be discontinued only after a vote of the voters of the governmental unit in which the services are provided, taken in the manner prescribed in §§ 14-2-31 and
SDCL § 14-2-51 Confidential library records
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All public library records containing personally identifiable information are confidential. Any information contained in public library records may not be released except by court order or upon request of a parent of a child who is under eighteen years of age. As used in this sec…