Title 14, LIBRARIES

Terms used in this chapter, unless the context otherwise plainly requires, shall mean: (1) "Academic library," a library that supports the curriculum and research needs of a college, university, or other postsecondary educational institution; (2) "Libraries," public, school, acad…

The policy of the State of South Dakota is that: (1) Library services should be available widely throughout the state to bring within convenient reach of the people cultural, informational, and educational resources essential to the improvement of their quality of life; (2) The p…

The use by the public of all libraries established and maintained by the state, counties, townships, municipalities, and chartered governmental units under the provisions of this code, subject to such reasonable rules and regulations as may be prescribed by the authorized commiss…

The State Library Office of the Division of Library Services of the Department of Education is the official agency of the state which is charged with the extension and development of library services throughout the state. Source: SL 1975, ch 155 , § 3; SL 1996, ch 8 , § 30; SL 20…

The State Library Office shall execute the library policy of the state and shall: (1) Promote adequate library service for all the people of the state; (2) Supplement the services of libraries throughout the state; (3) Increase the proficiency of library personnel through provisi…

The State Library Office shall provide advice and assistance to libraries, library boards, units of local government empowered to establish libraries, and to departments and agencies of state government in matters concerning the establishment, support, operation, improvement, and…

The State Library Office shall provide a network and system whereby the resources of libraries in this state are made available to the citizens of the state. Source: SDC 1939, § 29.0303 (8) as added by SL 1967, ch 126 ; SDCL, § 14-1-32 ; SL 1975, ch 155 , § 21.

The State Library Office shall provide for state participation in regional, national, or international library networks and systems designed to increase the quality of library services for the citizens of the state. Source: SDC 1939, § 29.0303 (8) as added by SL 1967, ch 126 ; SD…

The State Library Office shall provide for library services to the visually and physically impaired. Source: SDC 1939, § 29.0303 (8) as added by SL 1967, ch 126 ; SDCL § 14-1-31 ; SL 1975, ch 155 , § 20; SL 2017, ch 89 , § 2.

The State Library Office may accept gifts of books, other library materials, money, or property for the use of the State Library. Source: SDC 1939, § 29.0303 (1); SL 1941, ch 138 , § 2; SL 1953, ch 175 , § 1; SDCL, § 14-1-14 ; SL 1975, ch 155 , § 13.

The State Library Office may apply for federal or private funds and accept and enter into appropriate agreements for library purposes in the state or its political subdivisions or for any activity appropriate to a State Library Agency in behalf of the state for the receipt of suc…

The secretary of the Department of Education shall appoint, subject to the approval of the Governor, the state librarian to serve at the pleasure of the secretary and shall fix the compensation of the state librarian. Source: SDC 1939, § 29.0303 (2) as added by SL 1941, ch 138 , …

The state librarian shall be a graduate of a library school accredited by the American Library Association and shall have at least five years of professional library employment of which at least two years shall be in an administrative capacity. Source: SDC 1939, § 29.0303 (9) as …

Upon request, a publisher of a textbook that is adopted for instructional use by a school district shall furnish the South Dakota State Library with an electronic version of the textbook if the textbook is for a literary subject; or, if the textbook is for a nonliterary subject, …

Terms used in this chapter mean: (1) "State agency," includes the Legislature, constitutional officers, and any department, division, bureau, board, commission, committee, or agency of the State of South Dakota; (2) "State publication," any information originating in or produced …

Each state agency shall notify the State Library of any state publications of the agency and shall make available the state publication to the State Library as provided by administrative rule. Source: SDC 1939, § 29.0306; SDCL § 14-1-17 ; SL 1969, ch 126 ; SL 1974, ch 150 , § 3; …

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…

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…

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…

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.

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 …

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…

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…

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.

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…

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…

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 …

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…

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, §…

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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 14-2-32 . Source: SL 1976, ch 143 , § 7.

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…

Upon order of the presiding judge of the circuit court made and filed in the office of the clerk of courts of any county within the circuit of which such county is a part, the clerk of courts of such county shall collect in each civil action, proceeding for judicial remedy, and p…

The lawbook and law library fees provided for in § 14-6-1 shall be costs in the case, and taxable as such. Source: SL 1968, ch 146 .

On the first day of each month, the clerk of courts making collection of such lawbook and library fees shall pay the same to the treasurer of the county taking his receipt therefor and the county auditor shall keep such fees so remitted in a separate revolving county lawbook and …

The county lawbook and law library fund shall be used at the direction of the circuit judges and as by them deemed necessary for the purchase of law books, computer assisted research services, presentation technologies, software, or related equipment and to pay the necessary expe…

The use of the county law library shall be open to all judges of courts of record, to all state officials, to all officials of the county wherein located, to members of the State Bar, and to the inhabitants of the county under such conditions as provided by the circuit judges. So…

The presiding judges of one or more circuits may, with approval of the Supreme Court, enter into agreements providing for the sharing of county law library resources among the various circuits and counties which are parties to the agreement. The term, resources, means books, peri…

The Interstate Library Compact is hereby enacted into law and entered into by this state with all states legally joining therein in a form substantially as follows: INTERSTATE LIBRARY COMPACT Article I. Policy and Purpose Because the desire for the services provided by libraries …

The state librarian shall be the compact administrator pursuant to Article X of this compact. The state librarian shall appoint one or more deputy compact administrators. Source: SL 1973, ch 125 ; SDCL Supp, § 14-7-2; SL 1975, ch 158 , § 2.

Every library agreement made pursuant to Article VI of the compact shall, as a condition precedent to its entry into force, be submitted to the state librarian for his recommendations. Source: SL 1973, ch 125 ; SDCL Supp, § 14-7-5; SL 1975, ch 158 , § 3.

No public library of this state shall be party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c)7 of the compact, nor levy a tax or issue bonds to contribute to the construction or maintenance of such a…