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CHAPTER 14-1

STATE LIBRARY OFFICE

14-1-1      Transferred.
14-1-2      Transferred.
14-1-2.1      Transferred.
14-1-3, 14-1-4.      Repealed.
14-1-5 to 14-1-7.      Transferred.
14-1-8      Repealed.
14-1-9 to 14-1-11.      Transferred.
14-1-12      Repealed.
14-1-13      Transferred.
14-1-14      Transferred.
14-1-15      Transferred.
14-1-16      Transferred.
14-1-17 to 14-1-20.      Repealed.
14-1-21 to 14-1-23.      Repealed.
14-1-24      Transferred.
14-1-25      Repealed.
14-1-26      Transferred.
14-1-27, 14-1-28.      Repealed.
14-1-29      Transferred.
14-1-30      Transferred.
14-1-31      Transferred.
14-1-32      Transferred.
14-1-33 to 14-1-37.      Repealed.
14-1-38      Transferred.
14-1-39      Definition of terms.
14-1-40      State policy on libraries.
14-1-41      Free use of all public libraries.
14-1-42      State Library Office as official agency for library services.
14-1-43      Repealed.
14-1-44      Execution of state library policy--Duties of library office.
14-1-45      Services to state government.
14-1-46      Advice and assistance to libraries and governmental agencies.
14-1-47      Collections maintained by state office.
14-1-48      Network to make library resources available to citizens.
14-1-49      State participation in interstate networks and systems.
14-1-50      Services for visually and physically impaired.
14-1-51      Libraries in special schools.
14-1-52      Repealed.
14-1-53      Acceptance of gifts for library.
14-1-54      State office to receive federal and private funds--Purposes--Disbursement.
14-1-55      State Library Board--Appointment--Terms.
14-1-56      Office of state board.
14-1-57, 14-1-58.      Repealed.
14-1-59      Policy-making functions of board.
14-1-60      General powers of board.
14-1-61      Appointment and compensation of state librarian.
14-1-62      Professional qualifications of state librarian.


14-1-63      Repealed.
14-1-64      Advisory function of board--Administrative functions of state librarian.
14-1-65      Repealed.
14-1-66      Publisher to provide electronic versions of textbooks--Cost--Legacy defined--Duty of Department of Education.


     14-1-1.   Transferred to § 14-1-41.


     14-1-2.   Transferred to § 14-1-55.


     14-1-2.1.   Transferred to § 14-1-43.


     14-1-3, 14-1-4.   Repealed by SL 1975, ch 155, § 25.


     14-1-5 to 14-1-7.   Transferred to §§ 14-1-56 to 14-1-58.


     14-1-8.   Repealed by SL 1975, ch 155, § 25.


     14-1-9 to 14-1-11.   Transferred to §§ 14-1-61 to 14-1-63.


     14-1-12.   Repealed by SL 1975, ch 155, § 25.


     14-1-13.   Transferred to § 14-1-59.


     14-1-14.   Transferred to § 14-1-53.


     14-1-15.   Transferred to § 14-1-47.


     14-1-16.   Transferred to § 14-1-45.


     14-1-17 to 14-1-20.   Repealed by SL 1974, ch 150, § 9.


     14-1-21 to 14-1-23.   Repealed by SL 1975, ch 155, § 25.


     14-1-24.   Transferred to § 14-1-46.


     14-1-25.   Repealed by SL 1975, ch 155, § 25.


     14-1-26.   Transferred to § 14-1-54.


     14-1-27, 14-1-28.   Repealed by SL 1975, ch 155, § 25.


     14-1-29.   Transferred to § 14-1-49.


     14-1-30.   Transferred to § 14-1-51.


     14-1-31.   Transferred to § 14-1-50.


     14-1-32.   Transferred to § 14-1-48.


     14-1-33 to 14-1-37.   Repealed by SL 1975, ch 155, § 25.


     14-1-38.   Transferred to § 14-1-52.


     14-1-39.   Definition of terms. 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.


     14-1-40.   State policy on libraries. The policy of the State of South Dakota shall be 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 shall be encouraged where such 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;
             (4)      Cooperation among and between libraries shall be encouraged and promoted by the state library agency; and
             (5)      Library services suitable to support informed decisions by the Legislature and the personnel of government shall be provided by the State Library Agency.

Source: SL 1975, ch 155, § 2.


     14-1-41.   Free use of all public libraries. 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.


     14-1-42.   State Library Office as official agency for library services. 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.


     14-1-43.   Repealed by SL 1981, ch 163, § 4.


     14-1-44.   Execution of state library policy--Duties of library office. The State Library Office shall execute the library policy of the State of South Dakota 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)      Provide for the citizens of the state specialized library services and materials not generally appropriate, economical, or available in other libraries of the state;
             (5)      Establish and operate a state publications library distribution program; and
             (6)      Collect and publish annual statistical data of libraries in the state.

Source: SL 1975, ch 155, § 23; SL 2017, ch 89, § 1.


     14-1-45.   Services to state government. The State Library Office shall provide library service to the Legislature and to the personnel of state government.

Source: SDC 1939, § 29.0306; SL 1966, ch 109; SDCL, § 14-1-16; SL 1975, ch 155, § 15.


     14-1-46.   Advice and assistance to libraries and governmental agencies. 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.


     14-1-47.   Collections maintained by state office. The State Library Office shall maintain appropriate collections of library materials to supplement the collections of other libraries in the state and to meet the research and informational needs of the Legislature and the employees of state government.

Source: SDC 1939, § 29.0307; SDCL, § 14-1-15; SL 1975, ch 155, § 14.


     14-1-48.   Network to make library resources available to citizens. 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.


     14-1-49.   State participation in interstate networks and systems. 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.


     14-1-50.   Services for visually and physically impaired. 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.


     14-1-51.   Libraries in special schools. The State Library Office shall establish and support suitable libraries in the special schools supported in whole or in part by the state, with the consent and subject to any rules and regulations as may be made by the boards responsible for the institutions.

Source: SDC 1939, § 29.0303 (8) as added by SL 1967, ch 126; SDCL § 14-1-30; SL 1975, ch 155, § 19; SL 2017, ch 89, § 3.


     14-1-52.   Repealed by SL 1982, ch 16, § 17.


     14-1-53.   Acceptance of gifts for library. 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.


     14-1-54.   State office to receive federal and private funds--Purposes--Disbursement. 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.


     14-1-55.   State Library Board--Appointment--Terms. The Governor shall appoint a State Library Board to perform all functions of the former State Library Commission. The board shall consist of six members appointed by the Governor for three-year terms. The members may not be of all the same political party. The initial terms of the members of the board shall be set by the Governor in such a manner that no more than two members' terms expire in the same year. One member shall be the executive director of the Board of Regents or the executive director's designee. The members shall represent, as nearly as practical, all geographic areas of the state.
     The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
     Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SDC 1939, § 29.0301; SL 1943, ch 111, § 1; SL 1957, ch 145, § 1; SDCL § 14-1-2; SL 1975, ch 155, § 5; SL 1980, ch 21, §§ 4, 5; SL 1988, ch 439 (Ex. Ord. 88-1), § 17; SL 1996, ch 8, § 31; SL 2012, ch 16, § 26; SL 2013, ch 176, § 19.


     14-1-56.   Office of state board. The State Library Board shall maintain its office in the State Library at the capital of the state.

Source: SDC 1939, § 29.0302; SL 1941, ch 138, § 1; SL 1943, ch 111, § 2; SL 1957, ch 145, § 2; SDCL, § 14-1-5; SL 1975, ch 155, § 6.


     14-1-57, 14-1-58.   Repealed by SL 1981, ch 163, §§ 5, 6.


     14-1-59.   Policy-making functions of board. The State Library Board is the policy-making body of the State Library Office and shall:
             (1)      Approve general policies for the State Library;
             (2)      Promulgate rules, pursuant to chapter 1-26, under which state library services and materials may be used by citizens and by libraries in the state, under which administration and execution of federal or private funds or programs that may be received by the State Library may be carried out, and under which libraries of the state may have access to systems and networks provided outside the state by the State Library; and
             (3)      Adopt a long-range plan for the statewide coordination and development of library services.

Source: SDC 1939, § 29.0303 (1); SL 1941, ch 138, § 2; SL 1953, ch 175, § 1; SDCL § 14-1-13; SL 1975, ch 155, § 12; SL 1985, ch 155, § 1; SL 2017, ch 89, § 4.


     14-1-60.   General powers of board. The State Library Board may:
             (1)      Recommend agreements, under such terms and conditions as may be suitable, with any person, any library, any state department, any unit of local government empowered to establish a library, or any library board to provide library services, to extend, improve, or coordinate library services, or to demonstrate appropriate programs of library service;
             (2)      Recommend library agreements pursuant to the Interstate Library Compact;
             (3)      Appoint any advisory councils it may deem necessary or may find are required for receipt of federal or private funds or programs; and
             (4)      Accept gifts of library materials, money, or property for the use of the State Library.

Source: SL 1975, ch 155, § 24; SL 2017, ch 89, § 5.


     14-1-61.   Appointment and compensation of state librarian. 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.


     14-1-62.   Professional qualifications of state librarian. 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.


     14-1-63.   Repealed by SL 1981, ch 163, § 7.


     14-1-64.   Advisory function of board--Administrative functions of state librarian. The State Library Board shall exercise the advisory function as defined in subdivision 1-32-1(2) and consistent with § 1-45-4. The state librarian shall perform administrative functions in accordance with the general policies of the State Library Board and the executive branch of government.

Source: SL 1981, ch 163, § 2; SL 1996, ch 8, § 32; SL 2017, ch 89, § 6.


     14-1-65.   Repealed by SL 2017, ch 89, § 7.


     14-1-66.   Publisher to provide electronic versions of textbooks--Cost--Legacy defined--Duty of Department of Education. 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.


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