S.D. Codified Laws § 14-2-46 — SD Code / Title 14 / Chapter 2 / Section 14-2-46
Building funds--Appropriations--Continuation of previously established funds--Transfer of surplus to other funds
Status: in_force

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 trustees ascertains that a building fund or a part thereof is not necessary, it may request its governing body to transfer all or any part of the fund to any other fund for the purpose of providing public library services or for purchase of public library materials and, upon receipt of such request, the governing body shall complete the requested transfer.

Source: SL 1901, ch 173, § 6; RPolC 1903, § 1405; SL 1951, ch 248, §§ 1, 3; SDC Supp 1960, § 45.0201-1 (8); SDCL, §§ 14-4-8, 14-4-10; SL 1976, ch 143, § 20.
S.D. Codified Laws § 14-2-38 — SD Code / Title 14 / Chapter 2 / Section 14-2-38
School board contracts for library services--Proportional appointment of trustees by board--Maximum number
Status: in_force

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 by the school district, then the school board may annually appoint additional members to the board of public library trustees in proportion to the school district's part of the total funds made available during each year by both parties for the combined school and public library services, for the purchase of school and public library materials, and for the provision and maintenance of quarters for the combined library; provided, however, that the school board shall not appoint more than seven members to the board.

Source: SDC 1939, § 45.3103; SDCL, § 14-4-14; SL 1976, ch 143, § 22.
S.D. Codified Laws § 14-2-45 — SD Code / Title 14 / Chapter 2 / Section 14-2-45
Long-term lease for building acquisitions--Maximum term--Property included--Rent payment sources
Status: in_force

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 acquisition of public library buildings. The lease may be for real or personal property, or both, and may cover library building and site or building and contents only, with or without books, furniture, or equipment and may provide for the erection of a public library building and equipping the same with furniture and books of such a public library upon a site owned by the local government unit or the joint library. A lease may be entered into for an existing building or for one to be erected in the future. Rent paid under the terms of a lease may be paid from the general fund of the local governmental unit or may be paid from any fund established for the purpose of providing public library services or the construction of a library.

Source: SL 1969, ch 128; SDCL Supp, §§ 14-2-11.1, 14-3-2.1, 14-4-2.1; SL 1976, ch 143, § 19.
S.D. Codified Laws § 14-2-40 — SD Code / Title 14 / Chapter 2 / Section 14-2-40
Duties of trustees
Status: in_force

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 governing body's compensation schedule, if such schedule exists. If no such schedule exists, the salary shall be set by the local governing body;

(2) Adopt bylaws for the conduct of their business and adopt policies for the selection of public library materials, the governance of the library, and the use of public library services and materials;

(3) Prepare and submit an annual budget request to its governing body;

(4) Adopt a final annual budget within those funds certified to it as being appropriated in the annual budget of its governing body;

(5) Meet at least once during each quarter of the year;

(6) Prepare and submit an annual report to its governing body and to the South Dakota State Library on such forms as may be provided by the State Library.

Source: SDC 1939, §§ 12.2502 to 12.2505, 45.3104, 45.3105, 45.3108; SL 1955, ch 23; SL 1957, ch 252, § 1; SL 1959, ch 167, §§ 5 to 7, 11; SDC Supp 1960, §§ 29.03A05, 29.03A06 (1), (3), 29.03A07, 29.03A11; SDCL, §§ 14-2-7, 14-2-8, 14-2-12, 14-2-24, 14-2-26, 14-3-10, 14-3-14, 14-3-15, 14-3-19, 14-4-4, 14-4-5, 14-4-12, 14-4-15; SL 1974, ch 151; SL 1976, ch 143, § 14; SL 2002, ch 95, § 1.
S.D. Codified Laws § 14-1-62 — SD Code / Title 14 / Chapter 1 / Section 14-1-62
Professional qualifications of state librarian
Status: in_force

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 added by SL 1941, ch 138, § 2; SL 1953, ch 175, § 1; SDCL, § 14-1-10; SL 1969, ch 125; SL 1975, ch 155, § 10; SL 1986, ch 157.
S.D. Codified Laws § 14-1-48 — SD Code / Title 14 / Chapter 1 / Section 14-1-48
Network to make library resources available to citizens
Status: in_force

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.
S.D. Codified Laws § 14-7-13 — SD Code / Title 14 / Chapter 7 / Section 14-7-13
State librarian as compact administrator--Deputies
Status: in_force

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.
S.D. Codified Laws § 14-2-47 — SD Code / Title 14 / Chapter 2 / Section 14-2-47
Expenditures for public library services, materials and facilities
Status: in_force

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 23; SL 1957, ch 252, § 2; SL 1959, ch 167, § 7; SDC Supp 1960, §§ 29.03A07, 45.0201-1 (8); SL 1967, ch 22; SDCL, §§ 14-2-12, 14-3-16, 14-3-18, 14-4-7, 14-4-8; SL 1969, ch 25; SL 1976, ch 143, § 8; SL 1978, ch 62, § 25; SL 1985, ch 77, § 13.
S.D. Codified Laws § 14-6-1 — SD Code / Title 14 / Chapter 6 / Section 14-6-1
County lawbook and law library fee
Status: in_force

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 probate proceeding, as a county lawbook and county law library fee, a sum of three dollars in actions commenced pursuant to chapter 15-39 and a sum of seven dollars in all other civil actions, proceedings for judicial remedy, and probate proceedings. The clerk shall collect the fee in the manner in which other fees are collected from the plaintiff or person instituting the action or proceeding, at the time of filing the first paper in the action or proceeding. However, no surcharge may be collected for any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support or in any civil action or proceeding for judicial remedy commenced by the state, a county, a municipality, or a school district.

Source: SL 1968, ch 146; SL 1975, ch 161, § 6; SL 1976, ch 144; SL 1989, ch 173; SL 2009, ch 102, § 3; SL 2016, ch 47, § 12.
S.D. Codified Laws § 14-7-12 — SD Code / Title 14 / Chapter 7 / Section 14-7-12
Interstate Library Compact enacted--Text of compact
Status: in_force

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 transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis; and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.

Article II. Definitions

As used in this compact:

(a) "Public library agency" means any unit or agency of local or state government operating or having power to operate a library.

(b) "Private library agency" means any nongovernmental entity which operates or assumes a legal obligation to operate a library.

(c) "Library agreement" means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.

Article III. Interstate Library Districts

(a) Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.

(b) Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.

(c) If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement:

1. Undertake, administer, and participate in programs or arrangements for securing, lending, or servicing books and other publications, any other materials suitable to be kept or made available by libraries, library equipment or for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof.

2. Accept for any of its purposes under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and receive, utilize, and dispose of the same.

3. Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district.

4. Employ professional, technical, clerical, and other personnel, and fix terms of employment, compensation and other appropriate benefits; and where desirable, provide for the in - service training of such personnel.

5. Sue and be sued in any court of competent jurisdiction.

6. Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service.

7. Construct, maintain, and operate a library, including any appropriate branches thereof.

8. Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.

Article IV. Interstate Library Districts, Governing Board

(a) An interstate library district which establishes, maintains or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.

(b) Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.

Article V. State Library Agency Cooperation

Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements.

Article VI. Library Agreements

(a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:

1. Detail the specific nature of the services, programs, facilities, arrangements or properties to which it is applicable.

2. Provide for the allocation of costs and other financial responsibilities.

3. Specify the respective rights, duties, obligations and liabilities of the parties.

4. Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.

(b) No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution or statutes of its state.

(c) No library agreement shall become effective until filed with the compact administrator of each state involved, and approved in accordance with Article VII of this compact.

Article VII. Approval of Library Agreements

(a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within ninety days of its submission shall constitute approval thereof.

(b) In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.

Article VIII. Other Laws Applicable

Nothing in this compact or in any library agreement shall be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.

Article IX. Appropriations and Aid

(a) Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.

(b) Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.

Article X. Compact Administrator

Each state shall designate a compact administrator with whom copies of all library agreements to which his state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator.

Article XI. Entry Into Force and Withdrawal

(a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.

(b) This compact shall continue in force with respect to a party state and remain binding upon such state until six months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.

Article XII. Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Source: SL 1975, ch 158, § 1.
S.D. Codified Laws § 14-1-42 — SD Code / Title 14 / Chapter 1 / Section 14-1-42
State Library Office as official agency for library services
Status: in_force

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 2003, ch 272, § 107.
S.D. Codified Laws § 14-7-15 — SD Code / Title 14 / Chapter 7 / Section 14-7-15
Agreements to comply with tax levy and bond laws
Status: in_force

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 library, except after compliance with any laws applicable to public libraries relating to or governing the levying of taxes or the issuance of bonds.

Source: SL 1975, ch 158, § 4.
S.D. Codified Laws § 14-2-50 — SD Code / Title 14 / Chapter 2 / Section 14-2-50
Discontinuance of services by vote
Status: in_force

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.
S.D. Codified Laws § 14-2-51 — SD Code / Title 14 / Chapter 2 / Section 14-2-51
Confidential library records
Status: in_force

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 section, "personally identifiable" means any information a library maintains that would identify a patron. Acts by library officers or employees in maintaining a check out system are not violations of this section.

Source: SL 1983, ch 154, § 1.
S.D. Codified Laws § 14-7-16 — SD Code / Title 14 / Chapter 7 / Section 14-7-16
State Library Office as "State Library Agency"
Status: in_force

As used in the compact, "State Library Agency," with reference to this state, means the State Library Office.

Source: SL 1975, ch 158, § 5.
S.D. Codified Laws § 14-1-49 — SD Code / Title 14 / Chapter 1 / Section 14-1-49
State participation in interstate networks and systems
Status: in_force

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; SDCL, § 14-1-29 ; SL 1975, ch 155, § 18.
S.D. Codified Laws § 14-2-27 — SD Code / Title 14 / Chapter 2 / Section 14-2-27
Definition of terms
Status: in_force

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) "Local governmental unit," any chartered governmental unit, county, or municipality, or two or more of them, if applicable, of the State of South Dakota;

(4) "Public library," any library that serves free of charge all residents of a local governmental unit and receives its financial support in whole or in part from public funds made available by the governing body of that unit;

(5) "Public library materials," the various forms in which knowledge, information, and humanity's cultural heritage are recorded that a public library might acquire, organize, and make available to its clientele;

(6) "Public library services," the performance of all activities of a public library relating to the collection and organization of public library materials and to making those materials and the information contained in them available to its clientele.

Source: SL 1976, ch 143, § 1.
S.D. Codified Laws § 14-6-4 — SD Code / Title 14 / Chapter 6 / Section 14-6-4
Use of county lawbook and law library fund--Acceptance of gift, donations, and bequests authorized
Status: in_force

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 expenses of equipping and maintaining a law library in the courthouse or other suitable place provided by the county, or other suitable place outside the county in the circuit as directed by the circuit judges. In addition the county may appropriate additional amounts for such purposes and may receive gifts, donations, and bequests for such purposes.

Source: SL 1968, ch 146; SL 1973, ch 124; SL 2004, ch 139, § 1.
S.D. Codified Laws § 14-2-34 — SD Code / Title 14 / Chapter 2 / Section 14-2-34
Services continued by chartered governmental units
Status: in_force

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.
S.D. Codified Laws § 14-2-42 — SD Code / Title 14 / Chapter 2 / Section 14-2-42
Duties of librarians
Status: in_force

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) Appoint such staff as are necessary to operate the public library within its budgetary limitations. Library employees shall receive any employee benefits provided all other employees of the local governmental unit and shall be compensated at rates determined by the governing body's compensation schedule. If no such schedule exists, the salary shall be set by the library board;

(4) Select and purchase all public library materials for use by the library in its provision of public library services within policies established by the board of public library trustees;

(5) Publish and enforce the policies of the board of public library trustees;

(6) Execute all contracts and agreements approved by the board of public library trustees;

(7) Keep an accurate account of the financial transactions of the public library; and

(8) Carry out any other activities authorized by law that the board of public library trustees consider appropriate in the development, improvement, and provision of public library services.

Source: SDC 1939, §§ 12.2502, 12.2503, 45.3104; SL 1959, ch 167, §§ 6, 9; SDC Supp 1960, §§ 29.03A06 (3), (4), 29.03A09; SDCL, §§ 14-2-8, 14-2-9, 14-2-19, 14-3-10, 14-3-13, 14-4-4, 14-4-11; SL 1976, ch 143, § 16; SL 2002, ch 95, § 2.
S.D. Codified Laws § 14-1-39 — SD Code / Title 14 / Chapter 1 / Section 14-1-39
Definition of terms
Status: in_force

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, academic and special libraries when all libraries are to be involved collectively;

(3) "Library materials," the various forms in which knowledge and information are recorded;

(4) "Library service," the performance of all activities of a library relating to the collection and organization of library materials and to making the materials and information of a library available to a clientele;

(5) "Public library," any library that serves free of charge all residents of a chartered governmental unit, county, municipality, township, or a combination of any of the above, and receives its financial support in whole or in part from public funds;

(6) "School library," any library that supports the curriculum of a school or a group of schools;

(7) "Special library," any library that supports the research needs of an industry, governmental agency, or other noneducational agency or institution; and

(8) "State Library Agency," the State Library Office.

Source: SL 1975, ch 155, § 1.
S.D. Codified Laws § 14-1-40 — SD Code / Title 14 / Chapter 1 / Section 14-1-40
State policy on libraries
Status: in_force

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 provision and support of library services should be a necessary function of government at all levels;

(3) The joint exercise of governmental powers under chapter 1-24 is encouraged where joint action will increase the extent of library materials and services in a fair and equitable manner, through cooperation between units of government and between and among libraries; and

(4) Cooperation among and between libraries must be encouraged and promoted by the state library agency.

Source: SL 1975, ch 155, § 2; SL 2025, ch 88, § 2.
S.D. Codified Laws § 14-7-14 — SD Code / Title 14 / Chapter 7 / Section 14-7-14
Agreements submitted to state librarian for recommendations
Status: in_force

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.
S.D. Codified Laws § 14-1-44 — SD Code / Title 14 / Chapter 1 / Section 14-1-44
State Library Office--Duties
Status: in_force

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 provision of in-service and continuing education programs for library personnel employed in the state;

(4) Collect and publish annual statistical data of libraries in the state; and

(5) Provide Braille and talking book services to make reading resources more generally accessible.

Source: SL 1975, ch 155, § 23; SL 2017, ch 89, § 1; SL 2025, ch 88, § 3.
S.D. Codified Laws § 14-2-33 — SD Code / Title 14 / Chapter 2 / Section 14-2-33
County containing municipalities with libraries--Petition and election outside municipality only--Election of municipality to be included
Status: in_force

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 people living outside of, and the election mandated in § 14-2-31 shall be held only outside of, the boundaries of such municipality or municipalities; provided, however, that by a resolution of the governing body of a municipality, such municipality may be included in the election and if a majority of both county and municipal voters, voting separately, vote to provide county library services then such municipal public library services shall cease and henceforth be provided the municipality by the county governmental unit.

Source: SL 1976, ch 143, § 6.
S.D. Codified Laws § 14-6-5 — SD Code / Title 14 / Chapter 6 / Section 14-6-5
Use of county law library
Status: in_force

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.

Source: SL 1968, ch 146.
S.D. Codified Laws § 14-2-30 — SD Code / Title 14 / Chapter 2 / Section 14-2-30
Resolution or ordinance to provide services
Status: in_force

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.
S.D. Codified Laws § 14-6-6 — SD Code / Title 14 / Chapter 6 / Section 14-6-6
Sharing of law library resources among circuit judges
Status: in_force

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, periodicals, treatises, law reporters, annotations, and any law related items whether in written form or electronically preserved on audio or videotape or stored for computer or other similar usage.

Source: SL 1997, ch 109, § 1.
S.D. Codified Laws § 14-7-17 — SD Code / Title 14 / Chapter 7 / Section 14-7-17
Withdrawal notices
Status: in_force

In the event of withdrawal from the compact, the compact administrator shall send and receive any notices required by Article XI (b) of the compact.

Source: SL 1975, ch 158, § 6.
S.D. Codified Laws § 14-2-31 — SD Code / Title 14 / Chapter 2 / Section 14-2-31
Services provided on approval by voters
Status: in_force

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, § 5.
S.D. Codified Laws § 14-2-49 — SD Code / Title 14 / Chapter 2 / Section 14-2-49
Discard of old library materials--Marking--Disposition
Status: in_force

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 materials may be given to other libraries or to nonprofit agencies, destroyed, offered for public sale, or traded to a vendor for future library material purchasing credits.

Source: SL 1976, ch 143, § 21; SL 1977, ch 127.
S.D. Codified Laws § 14-2-44 — SD Code / Title 14 / Chapter 2 / Section 14-2-44
Bond issuance for building construction--Use of municipal special assessment funds or county tax levies
Status: in_force

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 1939, §§ 12.2504, 45.3107; SL 1951, ch 248, §§ 1, 3; SL 1955, ch 23; SL 1957, ch 252, § 2; SDC Supp 1960, § 45.0201-1 (8); SL 1967, ch 22; SDCL §§ 14-2-22.1, 14-3-16, 14-4-7, 14-4-8, 14-4-10; SL 1969, ch 25; SL 1969, ch 127; SL 1976, ch 143, § 18.
S.D. Codified Laws § 14-2-28 — SD Code / Title 14 / Chapter 2 / Section 14-2-28
Existing libraries covered by chapter--Changes to effect compliance--Terms of previous contracts unaffected
Status: in_force

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 terms of this chapter. Nothing contained in this chapter shall affect nor change the terms of any library contract executed prior to July 1, 1976, but, by mutual consent, the parties to such contract may nevertheless amend such contract to make it conform to any or all of the provisions of this chapter.

Source: SL 1976, ch 143, § 24.
S.D. Codified Laws § 14-1-53 — SD Code / Title 14 / Chapter 1 / Section 14-1-53
Acceptance of gifts for library
Status: in_force

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.
S.D. Codified Laws § 14-1-50 — SD Code / Title 14 / Chapter 1 / Section 14-1-50
Services for visually and physically impaired
Status: in_force

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.
S.D. Codified Laws § 14-6-2 — SD Code / Title 14 / Chapter 6 / Section 14-6-2
Lawbook and law library fees taxable as costs
Status: in_force

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.
S.D. Codified Laws § 14-6-3 — SD Code / Title 14 / Chapter 6 / Section 14-6-3
Disposition of lawbook and library fees--County lawbook and law library fund
Status: in_force

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 law library fund to be disbursed for the purposes and in the manner provided in § 14-6-4 .

Source: SL 1968, ch 146.
S.D. Codified Laws § 14-2-37 — SD Code / Title 14 / Chapter 2 / Section 14-2-37
Joint public library--Board of trustees--Proportional appointment
Status: in_force

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 funds provided by that governing body to the total of the joint public library's funds for the provision of public library services, for the purchase of public library materials, and for the provision and maintenance of public library quarters.

Source: SL 1959, ch 167, § 4; SDC Supp 1960, § 29.03A04; SDCL, § 14-2-2; SL 1976, ch 143, § 12.
S.D. Codified Laws § 14-1-66 — SD Code / Title 14 / Chapter 1 / Section 14-1-66
Publisher to provide electronic versions of textbooks--Cost--Legacy defined--Duty of Department of Education
Status: in_force

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, such as natural sciences, computer science, mathematics, or music, an electronic version shall be furnished if the technology is available to convert the textbook directly to a format compatible with Braille translation software. The publisher shall provide the electronic file to the requesting agency within sixty days of receiving written notice that the file is needed. The cost of the electronic publisher's file may not exceed the cost of a print copy of the same title. Legacy materials are exempt from the requirements of this section. For purposes of this section, the term, legacy, means images and graphics requiring release and permission from another source other than the publisher. The Department of Education shall oversee the process established in this section to ensure that the textbooks and electronic files arrive by the start of the school year.

Source: SL 2004, ch 138, § 1.
S.D. Codified Laws § 14-2-43 — SD Code / Title 14 / Chapter 2 / Section 14-2-43
Quarters for library--Location--Selection and approval
Status: in_force

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 governing body.

Source: SDC 1939, §§ 12.2503, 45.3104; SL 1959, ch 167, § 6; SDC Supp 1960, § 29.03A06 (5); SDCL, §§ 14-2-17, 14-3-12, 14-4-11; SL 1976, ch 143, § 17.
S.D. Codified Laws § 14-1-41 — SD Code / Title 14 / Chapter 1 / Section 14-1-41
Free use of all public libraries
Status: in_force

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 commission or board in charge of such libraries shall be free except as otherwise expressly provided by law.

Source: SDC 1939, § 29.0311; SDCL, § 14-1-1 ; SL 1975, ch 155, § 4.
S.D. Codified Laws § 14-2-29 — SD Code / Title 14 / Chapter 2 / Section 14-2-29
Optional methods of providing library service
Status: in_force

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) Joining with one or more governing bodies under the provisions of chapter 1-24 to establish a joint public library.

Source: SL 1976, ch 143, § 2.
S.D. Codified Laws § 14-1-61 — SD Code / Title 14 / Chapter 1 / Section 14-1-61
Appointment and compensation of state librarian
Status: in_force

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, § 2; SL 1953, ch 175, § 1; SDCL, § 14-1-9 ; SL 1975, ch 155, § 9; SL 1979, ch 353, § 10; SL 2004, ch 17, § 35.
S.D. Codified Laws § 14-1A-1 — SD Code / Title 14 / Chapter 1A / Section 14-1A-1
Definition of terms
Status: in_force

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 by the authority of a state agency or at the total or partial expense of a state agency that the agency intends for general distribution to the public, regardless of format or medium, source or copyright, license, or trademark. The term does not include information intended only for distribution to contractors or grantees of the agency, persons within the agency, or members of the public under § 1-27-1 , information produced by a state agency that is intended strictly for internal administrative or operational purposes, or materials excluded from this definition by the state library through the promulgation and enforcement of rules.

Source: SL 1974, ch 150, § 1; SL 1992, ch 146, § 1; SL 2012, ch 108, § 1.
S.D. Codified Laws § 14-2-35 — SD Code / Title 14 / Chapter 2 / Section 14-2-35
Board of public library trustees--Appointment and terms of members
Status: in_force

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 appointed for one year, two for two years, and two for three years and annually thereafter reappointments or new appointments shall be for a term of three years or to complete an unexpired term. In addition to the five appointees, the governing body may appoint one of its own members to serve as a full voting member of the public library board of trustees during that member's term of office.

Source: SDC 1939, §§ 12.2502, 45.3102; SDCL, §§ 14-3-6, 14-4-3; SL 1976, ch 143, § 10.
S.D. Codified Laws § 14-1A-3 — SD Code / Title 14 / Chapter 1A / Section 14-1A-3
State agency publications to be available to State Library
Status: in_force

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; SL 1982, ch 165, § 2; SL 2012, ch 108, § 3.
S.D. Codified Laws § 14-2-39 — SD Code / Title 14 / Chapter 2 / Section 14-2-39
Per diem and expenses of trustees
Status: in_force

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, §§ 14-2-6, 14-3-11, 14-4-3; SL 1975, ch 156; SL 1976, ch 143, § 13.
S.D. Codified Laws § 14-1-54 — SD Code / Title 14 / Chapter 1 / Section 14-1-54
State office to receive federal and private funds--Purposes--Disbursement
Status: in_force

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 such funds from the federal government or its agencies or any private source available, and supervise the disbursement of such funds.

Source: SDC 1939, § 29.0303 (8) as added by SL 1941, ch 138, § 2; SL 1953, ch 175, § 1; SDCL, § 14-1-26 ; SL 1975, ch 155, § 17.
S.D. Codified Laws § 14-2-36 — SD Code / Title 14 / Chapter 2 / Section 14-2-36
Contract with established library--Annual appointment of additional trustees--Number proportional to contributed funds
Status: in_force

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 its part of the total funds made available during each year by both parties for the provision of public library services, for the purchase of public library materials, and for the provision and maintenance of public library quarters.

Source: SDC 1939, § 12.2505; SDCL, § 14-3-4; SL 1976, ch 143, § 11.
S.D. Codified Laws § 14-1-46 — SD Code / Title 14 / Chapter 1 / Section 14-1-46
Advice and assistance to libraries and governmental agencies
Status: in_force

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 coordination of libraries and library services, and in the cooperation between libraries.

Source: SDC 1939, § 29.0303 (6); SL 1941, ch 138, § 2; SL 1953, ch 175, § 1; SDC Supp 1960, § 29.0303 (7); SDCL, § 14-1-24 ; SL 1975, ch 155, § 16.
S.D. Codified Laws § 14-7-18 — SD Code / Title 14 / Chapter 7 / Section 14-7-18
Citation of chapter
Status: in_force

This chapter may be cited as the Interstate Library Compact.

Source: SL 1975, ch 158, § 7.
S.D. Codified Laws § 14-2-41 — SD Code / Title 14 / Chapter 2 / Section 14-2-41
Powers of trustees
Status: in_force

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 accordance with its terms;

(2) Establish a special public library gift fund. The moneys in such fund shall be derived from all or any part of any gift, bequest, or devise, including the interest thereon. Such gift fund shall be a separate and continuing fund and no moneys in such fund shall revert to the general fund of any local governmental unit;

(3) Enter into an interstate library agreement pursuant to § 14-7-12 , Article VI;

(4) Establish a collection of public library materials to be loaned on a pay basis and make reasonable charge for use thereof;

(5) Enter into any contracts for the provision of or for the improvement of public library services.

Source: SDC 1939, §§ 12.2503, 45.3104; SL 1959, ch 167, §§ 3, 6; SL 1959, ch 277; SDC Supp 1960, §§ 29.03A03, 29.03A06 (2), (4), (6), (7), (9), (10), 45.3109; SDCL, §§ 14-2-11, 14-2-13, 14-2-19 to 14-2-23, 14-3-14, 14-4-11 to 14-4-13; SL 1969, ch 127; SL 1976, ch 143, § 15.
S.D. Codified Laws § 14-2-32 — SD Code / Title 14 / Chapter 2 / Section 14-2-32
Petition to require referendum on library services--Referendum on motion of governing body
Status: in_force

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 the boundaries of the local governmental unit for all candidates for Governor at the last certified gubernatorial election or may enter such order upon its own motion.

Source: SDC 1939, § 45.3101; SL 1963, ch 284; SDCL, § 14-4-1; SL 1976, ch 143, § 4.