ARTICLE 24:30
STATE LIBRARY
Chapter
24:30:01 Public access to State Library.
24:30:02 Restrictions on library materials.
24:30:03 Regional networking.
24:30:04 Funding of public libraries.
24:30:05 Funding of special institutions.
24:30:06 Documents depository library system, Repealed.
24:30:07 State publications library distribution program.
CHAPTER 24:30:01
PUBLIC ACCESS TO STATE LIBRARY
Section
24:30:01:01 Eligible libraries.
24:30:01:02 Use of State Library.
24:30:01:03 Repealed.
24:30:01:04 Repealed.
24:30:01:05 Repealed.
24:30:01:06 Repealed.
24:30:01:07 Repealed.
24:30:01:08 Withholding use from public.
24:30:01:09 Loss of services if user fee charged -- Coordinator for service requests.
24:30:01:01. Eligible libraries. Any citizen of South Dakota or any public library, school library, academic library, or special library located in South Dakota is eligible to use the library materials and services of the South Dakota State Library, as provided in this article.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 44 SDR 161, effective May 15, 2018.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-41, 14-1-59(2).
24:30:01:02. Use of State Library. Persons may request State Library materials and services as follows:
(1) The following persons may request materials and services directly from the State Library by visit, telephone, electronic means, or letter:
(a) An employee of state government;
(b) A person who is visually or physically disabled; or
(c) Any other citizen of South Dakota who is not specified in subdivision (2) of this section;
(2) A person who is teaching in or enrolled full time on campus in an elementary, secondary, postsecondary, or higher education institution may request materials and services from the State Library only through a local school, public or academic library.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; definition of adequate public library services transferred to § 24:30:04:04.01, 22 SDR 78, effective December 3, 1995; 44 SDR 161, effective May 15, 2018.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-41, 14-1-59(2).
24:30:01:03. Use of state library by persons with adequate library service.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 15 SDR 89, effective December 21, 1988; repealed, 22 SDR 78, effective December 3, 1995.
24:30:01:04. Students enrolled full-time in schools or institutions of higher education.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 9 SDR 170, effective July 11, 1983; repealed, 11 SDR 96, 11 SDR 112, effective July 1, 1985.
24:30:01:05. Public resident in state penal or charitable institutions.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; repealed, 11 SDR 96, 11 SDR 112, effective July 1, 1985.
24:30:01:06. Teachers in schools or institutions of higher education.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; repealed, 11 SDR 96, 11 SDR 112, effective July 1, 1985.
24:30:01:07. Libraries.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; repealed, 22 SDR 78, effective December 3, 1995.
24:30:01:08. Withholding use from public. The State Library may withhold use of its materials and services from any person or library for a minimum of one year when the following abuses are documented:
(1) Holding of library materials beyond their due date, loss of library materials, damage to library materials, or any combination of holding beyond the due date, loss, or damage when these abuses are documented five times within one year;
(2) Holding beyond the due date, loss, or damage to library materials borrowed by the State Library from other libraries on interlibrary loan when either holding, loss, damage, or any combination of the three is documented twice in one year;
(3) Failure to pay for damage or loss as provided in § 24:30:02:06.
A request for waiver of this rule may be considered by the State Library Board at any of its regular quarterly meetings if the request is received in writing from the person or the governing board of the library concerned. To be entitled to a waiver the person or library must enter into an agreement for payment of fees and future compliance with rules and establish that the person or the library is not in violation of any other state library rules. If a library is part of an institution or school, the library must identify a single individual responsible for payment of fees and coordination of all library service requests.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 9 SDR 65, effective November 28, 1982; 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 15 SDR 89, effective December 21, 1988.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-41, 14-1-59(2).
Code Commission Note: Sections 24:30:01:08 and 24:30:02:08 were originally adopted with an effective date of September 27, 1982. The Attorney General declared the rules to be void on September 27, 1982, because the procedure in SDCL 1-26-4.2 had not been followed. These sections were adopted again with an effective date of November 28, 1982.
A hearing pursuant to SDCL 1-26-38 to suspend the second effective date was held on December 14, 1982. No action was taken at that hearing, so the rules continued in effect.
24:30:01:09. Loss of services if user fee charged -- Coordinator for service requests. The State Library may withhold its materials and services from any library that charges a fee to its users for materials and services obtained through the State Library. A request for waiver of this rule may be considered by the State Library Board at any of its regular quarterly meetings if the request is received in writing from the governing board of the library concerned. To be entitled to a waiver, the library must enter into an agreement for future compliance with rules and establish that the library is not in violation of any other state library rules. If a library is part of an institution or school, the library must identify a single individual responsible for coordination of all library services requests. These services and materials include the following:
(1) State Library materials borrowed through interlibrary loan; or
(2) Materials obtained by the State Library through interlibrary loan from other sources.
Source: 15 SDR 89, effective December 21, 1988; 22 SDR 78, effective December 3, 1995; 44 SDR 161, effective May 15, 2018.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-59(2).
CHAPTER 24:30:02
RESTRICTIONS ON LIBRARY MATERIALS
Section
24:30:02:01 Library materials for loan.
24:30:02:02 Repealed.
24:30:02:03 Time periods for loan of materials.
24:30:02:04 and 24:30:02:05 Repealed.
24:30:02:06 Replacement charges for library materials and equipment lost or damaged by users.
24:30:02:07 Exclusion of certain materials.
24:30:02:08 Repealed.
24:30:02:01. Library materials for loan. The State Library may lend a variety of library materials and equipment but shall restrict the loan of equipment to employees of agencies of state government when the purpose of use is governmental.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-59(2).
24:30:02:02. Library materials duplicated in lieu of loan.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; repealed, 11 SDR 96, 11 SDR 112, effective July 1, 1985.
24:30:02:03. Time periods for loan of materials. Library materials lent by the State Library may circulate for the following periods of time:
(1) Printed library materials for a four-week period;
(2) Interlibrary loan materials borrowed from another library for the period specified by the lending library; and
(3) Duplicated or reproduced materials may be retained by the user without requirement of return.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 22 SDR 78, effective December 3, 1995.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-59(2).
24:30:02:04. Quantity of materials lent or duplicated.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; repealed, 11 SDR 96, 11 SDR 112, effective July 1, 1985.
24:30:02:05. Limitations on use of library materials lent or duplicated.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; repealed, 11 SDR 96, 11 SDR 112, effective July 1, 1985.
24:30:02:06. Replacement charges for library materials and equipment lost or damaged by users. When library materials or equipment are lost or damaged by users, the State Library shall charge the user for the replacement cost of the lost or damaged materials plus a processing fee of $7. If materials are no longer available from suppliers, the following schedule shall be used to assess charges:
(1) Adult books: $30 each;
(2) Easy fiction/juvenile books: $15 each;
(3) State or federal documents: $15 each;
(4) Pamphlets, maps, pictures, ephemera, or slides: $17 each;
(5) Interlibrary loan materials: all charges assessed by the lending library;
(6) Equipment: all replacement or repair costs;
(7) Video cassettes or video discs: $10 per minute of program;
(8) Compact discs: $150 each.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 8 SDR 105, effective March 8, 1982; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 15 SDR 89, effective December 21, 1988; 18 SDR 206, effective June 18, 1992; 22 SDR 78, effective December 3, 1995.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-59(2).
Cross-Reference: Withholding use from public, § 24:30:01:08.
24:30:02:07. Exclusion of certain materials. This chapter does not apply to those library materials and equipment supplied to the State Library by the Library of Congress for the exclusive use of the handicapped.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-59(2).
24:30:02:08. Audiovisual services processing fees.Repealed.
Source: 9 SDR 65, effective November 28, 1982; 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; repealed, 15 SDR 89, effective December 21, 1988.
CHAPTER 24:30:03
REGIONAL NETWORKING
Section
24:30:03:01 Provision of regional networking services.
24:30:03:02 to 24:30:03:04 Repealed.
24:30:03:01. Provision of regional networking services. The State Library shall provide to all public, school, academic, and special libraries in South Dakota general access to the services, network, and research facilities of the Minnesota Interlibrary Telecommunications Exchange (MINITEX) at the University of Minnesota in Minneapolis, Minnesota, as funds are appropriated.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 15 SDR 89, effective December 21, 1988.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-49.
24:30:03:02. Direct use of center by certain libraries.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; repealed, 9 SDR 170, effective July 11, 1983.
24:30:03:03. Indirect use of center by other libraries.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 8 SDR 105, effective March 8, 1982; repealed, 9 SDR 170, effective July 11, 1983.
24:30:03:04. Limitation on payment of certain transaction fees.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; repealed, 9 SDR 170, effective July 11, 1983.
CHAPTER 24:30:04
FUNDING OF PUBLIC LIBRARIES
Section
24:30:04:01 Special project grants -- Priorities.
24:30:04:02 Criteria for public libraries receiving special project funds.
24:30:04:03 Criteria for school libraries receiving special project funds.
24:30:04:04 Priorities for awarding of grants.
24:30:04:04.01 Repealed.
24:30:04:05 Technology grants -- Large projects.
24:30:04:06 Technology grants -- Midsize projects.
24:30:04:07 Repealed.
24:30:04:08 Application period.
24:30:04:09 Training/Continuing Education Grants.
24:30:04:10 Exemptions to criteria.
24:30:04:11 Appeal process for unsuccessful grant applicants.
24:30:04:12 Penalties for failure to comply with grant criteria.
24:30:04:01. Special project grants -- Priorities. The State Library may from time to time disburse funds for special projects in South Dakota libraries. When such funds are disbursed, they shall be granted within the limits of available funds and within the priority order below:
(1) The relative merits of the project; and
(2) The order in which proposals which meet all qualifications outlined in §§ 24:30:04:02 to 24:30:04:04, inclusive, are received by the State Library.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 25 SDR 34, effective September 15, 1998.
General Authority: SDCL 14-1-59(2).
24:30:04:02. Criteria for public libraries receiving special project funds. To qualify for receipt of any funds the State Library may disburse for special projects, a public library must meet the following requirements:
(1) Be governed by a board of trustees appointed under the provisions of SDCL 14-2-35 or 14-2-37 and which meets at least four times per year;
(2) Be a legally established library pursuant to SDCL 14-2-28 to 14-2-34, inclusive, that has completed a minimum of one full year of operation before the initial application and that is represented by a line item in the municipal or county budget. The local governmental body must provide a minimum of 51% of the funding;
(3) Libraries in communities serving more than 5,000 persons must be administered by a librarian who possesses a master's degree in library science from a library school accredited by the American Library Association, or who has at least six years of administrative level library experience, or who holds a bachelor's degree with a library science minor plus two years' experience; or the library must have such a person as a full-time employee on the staff for administration of these funds;
(4) Libraries serving communities serving 5,000 or fewer persons must be administered by a librarian who possesses a Certificate of Public Library Management from the Public Library Training Institute or be actively enrolled in pursuit of that certificate;
(5) Serve all persons residing within the legal boundaries of the funding agency free of charge;
(6) Pay staff minimum wage or better;
(7) Submit as an attachment to the application form a three-to five-year long-range plan for the development of library services in the community served;
(8) Be open to the public at least 15 hours per week including some evening and weekend hours;
(9) Have on file at the State Library annual reports for the previous three years;
(10) Complete an evaluation of the benefits and results of the project and file the evaluation with the State Library within 45 days of the end of the grant period;
(11) Share the results of the special project with other libraries in the state;
(12) Allow the state librarian or the state librarian's appointed representative access to the library for purposes of evaluation;
(13) Agree to expend funds from local sources for its own operation equal to those expended in the second preceding fiscal year before the year in which these special project funds are made available; and
(14) Have the required matching funds available or guaranteed in writing by its local appropriating body.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 25 SDR 34, effective September 15, 1998; 44 SDR 161, effective May 15, 2018.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-46, 14-1-54.
Note: The address for the American Library Association is 50 E. Huron Street, Chicago, Illinois 60611-2795; phone 312/944-6780. The address for the Public Library Training Institute is South Dakota State Library, 800 Governors Drive, Pierre, South Dakota 57501-2294; phone 605/773-3131.
24:30:04:03. Criteria for school libraries receiving special project funds. To qualify for receipt of any funds that the State Library may disburse for special projects, a school library must meet the following requirements:
(1) Be administered by a certified school librarian whose primary assignment is the library in accordance with subdivisions 24:28:19:09(8), 24:28:20:09(14), 24:28:20:12(8), 24:28:21:10(7), 24:28:21:14(11), 24:28:22:10(7), 24:28:22:14(11), 24:28:23:10(11), 24:28:23:10(24), 24:28:24:09(8), 24:28:25:10(11), or 24:28:25:10(24);
(2) Be open to all students and faculty at no charge;
(3) Have on file at the State Library annual reports for the previous three years;
(4) Submit, as an attachment to the application form, a three- to five-year long-range plan for the development of library services in the district;
(5) Complete an evaluation of the benefits and results of the project and file the evaluation with the State Library within 45 days of the end of the grant period;
(6) Share the results of the special project with other libraries in the state;
(7) Allow the state librarian or the state librarian's appointed representative access to the library for purposes of evaluation;
(8) Agree to expend funds from local sources for library operation equal to those expended in the second preceding fiscal year before the year in which these special project funds are made available; and
(9) Have the required matching funds available or guaranteed in writing by the school board.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 19 SDR 93, effective December 28, 1992; 25 SDR 34, effective September 15, 1998; 44 SDR 161, effective May 15, 2018.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-46, 14-1-54.
24:30:04:04. Priorities for awarding of grants. The State Library may from time to time disburse grant funds for various purposes including special projects, technology, and training. The highest priority shall be given to projects that include technology components. Funds shall be granted for projects within the limits of available funds and in the following priority order:
(1) Multitype library projects maintained by two or more counties operating under a single administrative unit or a consortium of libraries representing two or more counties, school districts, or other administrative units;
(2) Library projects of a joint city/county library operating under a single administrative unit or a consortium of multitype libraries representing a single county or other administrative unit;
(3) A combined school/public library or academic/public library maintained jointly by the school district or academic institution and the city or county and providing service to a population of 5,000 or less;
(4) A combined school/public library or academic/public library maintained jointly by the school district or academic institution and the city or county and providing service to a population of 5,001 or more;
(5) A municipal library cooperating with a school library or academic library, but not administratively combined;
(6) A school library, academic library, special library, or a municipal library applying independently; and
(7) Within each priority listed in subdivisions (1) to (6) of this section, the order in which proposals meeting all the qualifications outlined in § 24:30:04:05, 24:30:04:06, 24:30:04:07, or 24:30:04:08 are received by the State Library.
Source: 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 19 SDR 93, effective December 28, 1992; 22 SDR 78, effective December 3, 1995; 25 SDR 34, effective September 15, 1998.
General Authority: SDCL 14-1-59(2).
24:30:04:04.01. Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:30:01:02, 22 SDR 78, effective December 3, 1995; repealed, 25 SDR 34, effective September 15, 1998.
24:30:04:05. Technology grants -- Large projects. Based on available funds, the State Library may fund one or more large technology projects. The project size shall be at least $25,000 but less than $80,000. The projects may include consortium projects that include the retroconversion of multiple libraries, large technology projects in a single library or consortium that extends library services into the community, acquisition of statewide database access, and other projects that meet the criteria of the federal Library Services and Technology Act of 1996 as amended to August 1, 1998. In addition to meeting the applicable criteria listed in §§ 24:30:04:02 and 24:30:04:03, the applicant shall:
(1) Have any required matching funds available or guaranteed in writing by its local appropriating body. The required match rate is 1:1;
(2) Submit a signed list of all assurances required by the federal funding authority and by SDCL chapter 34-44; and
(3) If the library is a joint school/public library, have an approved 50-year operating agreement in compliance with federal requirements in 34 C.F.R. 75.603 (July 1, 2017).
Source: 3 SDR 34, effective November 13, 1976; 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 25 SDR 34, effective September 15, 1998; 44 SDR 161, effective May 15, 2018.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-46, 14-1-54.
24:30:04:06. Technology grants -- Midsize projects. Based on available funds, the State Library may fund two or more midsize technology projects. The project size shall be at least $5,000 but less than $25,000. The projects may include retroconversion of library records, acquisition of computer equipment or databases necessary for extending services beyond the library walls, and other projects that meet the criteria of the federal Library Services and Technology Act of 1996 as amended to August 1, 1998.
Any library applying for a midsize technology project grant shall meet all criteria listed in §§ 24:30:04:02, 24:30:04:03, and 24:30:04:05.
Source: 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 25 SDR 34, effective September 15, 1998; 44 SDR 161, effective May 15, 2018.
General Authority: SDCL 14-1-59(2).
Law Implemented: SDCL 14-1-46, 14-1-54.
24:30:04:07. Technology grants -- South Dakota Library Network (SDLN)/Information Access Projects. Repealed.
Source: 3 SDR 34, effective November 13, 1976; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 25 SDR 34, effective September 15, 1998; 44 SDR 161, effective May 15, 2018.
24:30:04:08. Application period. The State Library Board shall accept applications for technology grants and special project grants up to September 1 annually. The State Library Board shall establish additional deadlines if additional funds become available. The applicant shall provide 10 copies of each application to the State Library by the deadline. The State Library Board may not consider applications received after the deadlines. Any administrative agency receiving a grant pursuant to this chapter may not apply for additional funds within the same category for two fiscal years following the year the grant was awarded.
Source: 22 SDR 78, effective December 3, 1995; 25 SDR 34, effective September 15, 1998.
General Authority: SDCL 14-1-59(2).
24:30:04:09. Training/Continuing Education Grants. Based on available funds the State Library shall provide small grants not to exceed $500 to encourage local libraries to provide training and continuing education for library staff that will lead to the improvement of local library services. Such grants may include attendance at the Library Training Institute, computer courses, workshops, and college course work related to librarianship. Grant recipients shall provide a written report evaluating the usefulness of the training. Application must be made in advance of training and must be approved by the state librarian.
Source: 25 SDR 34, effective September 15, 1998.
General Authority: SDCL 14-1-59(2).
24:30:04:10. Exemptions to criteria. Exceptions to any of the application or award criteria in this chapter may be requested in writing. The State Library Board shall consider the requests case by case.
Source: 25 SDR 34, effective September 15, 1998.
General Authority: SDCL 14-1-59(2).
24:30:04:11. Appeal process for unsuccessful grant applicants. If a project is not approved for funding, the state librarian shall provide the reasons for the disapproval in writing to the applicant. Within 15 working days after receipt of the notice of disapproval, the applicant may submit a request in writing to the state librarian for a hearing on the proposal. The state librarian shall arrange a hearing before the State Library Board at a meeting called for that purpose or at its next scheduled meeting. The state librarian shall give the applicant 30 days notice of the hearing. The state library board shall make the final decision and shall transmit the decision to the applicant within 60 days after the date of the hearing.
Source: 25 SDR 34, effective September 15, 1998.
General Authority: SDCL 14-1-59(2).
24:30:04:12. Penalties for failure to comply with grant criteria. Failure to comply with the grant criteria shall result in one or more of the following penalties:
(1) Grant recipient agency is ineligible to apply for any grant advertised by the South Dakota State Library for a period of five years; and
(2) Noncompliant agencies may be subject to legal consequences, which may include breach of contract.
Source: 25 SDR 34, effective September 15, 1998.
General Authority: SDCL 14-1-59(2).
CHAPTER 24:30:05
FUNDING OF SPECIAL INSTITUTIONS
Section
24:30:05:01 and 24:30:05:02 Repealed.
24:30:05:03 Purpose of grant award.
24:30:05:04 Application for grant award.
24:30:05:04.01 Procedure for making changes to previously approved grants.
24:30:05:05 Grant awards committee.
24:30:05:06 Grant evaluation.
24:30:05:07 Matching fund requirements.
24:30:05:08 Annual reports.
24:30:05:09 Appeal process for unsuccessful grant applicants.
24:30:05:01. Funds for library materials and equipment -- Formula.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; repealed, 9 SDR 170, effective July 11, 1983.
24:30:05:02. Conditions.Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 34, effective November 13, 1976; 8 SDR 105, effective March 8, 1982; repealed, 9 SDR 170, effective July 11, 1983.
24:30:05:03. Purpose of grant award. Each institution's grant award shall be used for the purpose of providing library materials and services for the residents of the institution. The funds may be used for purchase of print and nonprint materials and for library equipment and furniture. The funds may not be used for salaries, materials for staff, maintenance of equipment, or space allocation.
Source: 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 14-1-59(2).
24:30:05:04. Application for grant award. A state institution desiring a grant award shall apply to the State Library in writing on forms provided by the State Library. The application shall include an evaluation of the current status of library services and a two-year plan for library development listing specific activities and costs to be applied to the grant. The State Library Board shall award grants on a two-year cycle.
Source: 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 19 SDR 93, effective December 28, 1992.
General Authority: SDCL 14-1-59(2).
24:30:05:04.01. Procedure for making changes to previously approved grants. If a change impacting more than 10 percent of the grant award is required, the state institutional director must submit a request for the change in writing to the State Library Board. The request shall state specific reasons for the change and shall state the requested action. The request will be considered by the State Library Board at its next regularly scheduled quarterly meeting.
Source: 19 SDR 93, effective December 28, 1992.
General Authority: SDCL 14-1-59(2).
24:30:05:05. Grant awards committee. A grant awards committee appointed by the state librarian shall evaluate grant proposals and recommend grant amounts. The committee shall be composed of the following:
(1) The state librarian or a designee;
(2) The State Library institutional coordinator;
(3) An institutional librarian;
(4) A representative of public libraries representing a community in which a state institution is located; and
(5) A representative from any two of the state departments under which state institutions are placed. The state librarian shall rotate representation among the departments.
The state librarian shall submit recommendations from the grant awards committee to the State Library Board for approval.
Source: 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 19 SDR 93, effective December 28, 1992.
General Authority: SDCL 14-1-59(2).
24:30:05:06. Grant evaluation. The grant awards committee shall evaluate the grant proposals according to the criteria in this section. If several proposals meet the criteria, the committee may award a minimum grant based on maintenance of effort and population of the institution. The criteria are as follows:
(1) Maintenance of effort, including a commitment by the institution to continue the project following expiration of the grant, based on a review of fiscal records;
(2) Achievability of the purpose of the grant within the time stated, as determined by the committee;
(3) Administration by personnel qualified by training and experience;
(4) The benefit provided by the project for all residents of the institution;
(5) Local management of the project; and
(6) Use of local resources by the institution.
Source: 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985.
General Authority: SDCL 14-1-59(2).
24:30:05:07. Matching fund requirements. A state institution shall match its expenditure for library purposes with an expenditure of general funds which is not less than the general funds expended for library purposes in the second previous fiscal year.
Source: 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 19 SDR 93, effective December 28, 1992.
General Authority: SDCL 14-1-59(2).
24:30:05:08. Annual reports. A state institution shall complete and submit to the State Library a mid-year and an annual fiscal report and an annual statistical report for the fiscal year beginning July 1 and ending June 30 on forms provided by the State Library. The annual reports shall be submitted no later than August 15.
Source: 9 SDR 170, effective July 11, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 19 SDR 93, effective December 28, 1992.
General Authority: SDCL 14-1-59(2).
24:30:05:09. Appeal process for unsuccessful grant applicants. If a project is not approved for funding, the state librarian shall provide the reasons for the disapproval in a written notice to the applicant.
Within 15 days after receipt of the notice of disapproval, the applicant may submit a request in writing to the state librarian for a hearing on the proposal.
The state librarian shall arrange a hearing before the State Library Board at a meeting called for that purpose or at its next quarterly meeting. The state librarian shall give the applicant 30 days notice of the hearing.
The State Library Board shall make the final decision and shall transmit the decision to the applicant within 60 days after the date of the hearing.
Source: 22 SDR 78, effective December 3, 1995.
General Authority: SDCL 14-1-59(2).
CHAPTER 24:30:06
DOCUMENTS DEPOSITORY LIBRARY SYSTEM
(Repealed. 39 SDR 32, effective September 3, 2012)
CHAPTER 24:30:07
STATE PUBLICATIONS LIBRARY DISTRIBUTION PROGRAM
Section
24:30:07:01 State publications library distribution program defined.
24:30:07:02 Standards to be met by full depository libraries.
24:30:07:03 Standards to be met by affiliate depository libraries.
24:30:07:04 Selection of depository libraries.
24:30:07:05 Termination of contracts.
24:30:07:06 Notification and availability of publications produced by state agencies.
24:30:07:07 Transition of current documents depository libraries.
24:30:07:01. State publications library distribution program defined. The state publications library distribution program is meant to collect and distribute any state publication as that term is defined in SDCL 14-1A-1(2).
Source: 39 SDR 32, effective September 3, 2012.
General Authority: SDCL 14-1-59(2), 14-1A-2.
Law Implemented: SDCL 14-1A-2.
24:30:07:02. Standards to be met by full depository libraries. The State Library Board shall select two libraries to be full depository libraries under the state publications library distribution program. A full depository library must receive from the State Library one nondigital copy of any state publication available in only nondigital format, and shall agree to educate users about the state publications library distribution program. Libraries designated as full depository libraries shall:
(1) Designate a person by name as administrator of the program for the purpose of direct contact with staff at the State Library;
(2) Retain and make accessible all state publications obtained through the program, regardless of format, for a minimum of five years with the exception of those publications that are clearly superseded by subsequent editions or that are issued at a later date in cumulated form;
(3) Discard publications received through the program only according to procedures set forth by the State Library;
(4) Allow the state librarian access to the program for purposes of evaluation;
(5) Conduct at least two annual public orientations or workshops that highlight the use of state publications; and
(6) Attend, annually, at least one continuing education opportunity offered by the State Library government publications staff.
Source: 39 SDR 32, effective September 3, 2012.
General Authority: SDCL 14-1-59(2), 14-1A-2.
Law Implemented: SDCL 14-1A-2.
24:30:07:03. Standards to be met by affiliate depository libraries. In an effort to increase availability and distribution of state publications, the State Library shall also designate libraries that will be affiliate depository libraries. An affiliate depository library may not receive any nondigital copies of state publications, but shall agree to educate users about the state publications library distribution program. Libraries designated as affiliate depository libraries shall:
(1) Designate a person by name as administrator of the program for the purpose of direct contact with staff at the State Library;
(2) Conduct at least one annual public orientation or workshop that highlights the use of state publications; and
(3) Attend, annually, at least one continuing education opportunity offered by the State Library government publications staff.
Source: 39 SDR 32, effective September 3, 2012.
General Authority: SDCL 14-1-59(2), 14-1A-2.
Law Implemented: SDCL 14-1A-2.
24:30:07:04. Selection of depository libraries. The State Library Board shall award contracts for full depository libraries from applications received from municipal or county free libraries or state university libraries that meet the requirements of § 24:30:07:02, based upon evaluation of geographic balance, available space and staff, and other factors affecting public access to the collection. The state librarian shall develop and make known procedures for designating affiliate depository libraries that encourage all libraries in South Dakota to participate in the state publications library distribution program.
Source: 39 SDR 32, effective September 3, 2012.
General Authority: SDCL 14-1-59(2), 14-1A-2.
Law Implemented: SDCL 14-1A-2.
24:30:07:05. Termination of contracts. If a contract with a full depository is terminated, the state librarian shall determine procedures for disposition of the state publications collection obtained by that library through the program.
Source: 39 SDR 32, effective September 3, 2012.
General Authority: SDCL 14-1-59(2), 14-1A-2.
Law Implemented: SDCL 14-1A-2.
24:30:07:06. Notification and availability of publications produced by state agencies. Within 90 days of publication, or by December 1, 2012, whichever is later, state agencies shall notify the State Library of any state publications published after July 1, 2012, to be included in the state publications library distribution program. State agencies shall supply the State Library with the state publications described in the previous sentence as follows:
(1) For state publications available only in nondigital format, four copies must be supplied;
(2) For state publications available in digital and nondigital formats, one digital copy in PDF or other approved format must be supplied along with two nondigital copies; and
(3) For state publications available in digital format only, one digital copy in PDF or other approved format must be supplied.
The State Library may place on the internet without restriction any items submitted pursuant to this section that are available at no charge from state agencies. For submitted items that are normally available for purchase from the issuing agency, the State Library shall seek permission from the issuing agency before making the items available on the internet.
Source: 39 SDR 32, effective September 3, 2012.
General Authority: SDCL 14-1-59(2), 14-1A-2.
Law Implemented: SDCL 14-1A-3.
24:30:07:07. Transition of current documents depository libraries. Libraries previously designated as documents depository libraries under § 24:30:06:04 that do not become full depository libraries under this chapter shall follow procedures developed and made known by the state librarian for disposition of the state publications collections obtained pursuant to chapter 24:30:06.
Source: 39 SDR 32, effective September 3, 2012.
General Authority: SDCL 14-1-59(2), 14-1A-2.
Law Implemented: SDCL 14-1A-3.