GA Code § 20-5-40 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 5 - Libraries|Article 2 - Local and Regional Public Libraries|Part 2 - County and Regional Public Libraries|§ 20-5-40. Power of Local Governments to Establish Public Libraries; Procedures for Establishment

  The governing authority of any county or municipality may establish a public library system. Any public library established pursuant to this part shall be a tax-exempt institution.   A public library may be established in the following manner:   By resolution or act, at the discretion of the governing authority, of any county or municipality, or any combination thereof;   By approval of the voters of any county or municipality in a referendum election on the question of the establishment of a public library as provided in this paragraph. Upon a written petition containing 35 percent of the registered and qualified voters of a municipality or county being filed with the appropriate governing authority, the governing authority shall be required to hold and conduct a special referendum election for the purpose of submitting to the qualified voters of the municipality or county the question of whether or not a public library, as provided for in this part, shall be authorized. In the event a majority of the persons voting in the election vote in favor of the public library, then the governing authority of the municipality or county shall establish a public library as provided in this part. Otherwise, the governing authority shall have no authority to do so. Following the expiration of two years after any election is held which results in disapproval of a public library, as provided in this part, another election on this question shall be held if another petition, as provided in this paragraph, is filed with the appropriate governing authority; or   By contractual agreement between the governing authorities of any county or municipality.       (Code 1981, §20-5-40, enacted by Ga. L. 1984, p. 1005, § 1.)   Cross references.   - County law libraries, T. 36, C. 15.   Law reviews.   - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarities of the statutory provisions, opinions under former Ga. L. 1935, p. 409, §§ 1 to 3, as amended, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.   Use of school funds for construction of library facilities deemed expenditure for educational purposes.   - In view of the inherent nature of library facilities as a learning tool and the pervasive relationship between educational authorities and library systems on both the state and local governmental levels, together with the stated legislative policy that the establishment of a public library service is to be part of the provisions for public education in this state, the use of common school funds for the construction of public library facilities is an expenditure for educational purposes. 1975 Op. Att'y Gen. No. 75-33 (decided under former Ga. L. 1935, p. 409, §§ 1 to 3).   Board can expend funds for bookmobile tag and insurance coverage.   - If a county board of education, as a political subdivision of the state, operates a public library, the board could legally expend public school funds for the purchase of a tag for the bookmobile; the same would be true as to the expense of insurance coverage. 1958-59 Op. Att'y Gen. p. 131 (decided under former Ga. L. 1935, p. 409, §§ 1 to 3).   Counties and municipalities authorized to contract with one another.   - It appears that counties and municipalities have the authority to contract with one another for the purpose of establishing or maintaining public libraries. 1948-49 Op. Att'y Gen. p. 122 (decided under former Ga. L. 1935, p. 409, §§ 1 to 3).   Employees of Atlanta Public Library not considered "teachers."   - Because of the distinction between city and noncity libraries, the fact that the Atlanta City Charter governs the composition, powers, and duties of the library board and because the teachers retirement provisions specify "regional or county" libraries and do not specifically include "municipal" libraries, the Atlanta Public Library is a municipal library and, as such, the library's employees are not considered "teachers" as defined in the teachers retirement provisions for purposes of membership in the Teachers Retirement System of Georgia. 1978 Op. Att'y Gen. No. 78-14 (decided under former Ga. L. 1935, p. 409, §§ 1 to 3).   RESEARCH REFERENCES   Am. Jur. 2d.   - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, §§ 472, 517, 518.