1041B 100th Legislative Session 1041
AMENDMENT 1041B
FOR THE INTRODUCED
BILL
Introduced by: The Chair of the Committee on Education at the request of the Department of Education
An Act to revise and repeal certain provisions pertaining to the state library and State Library Board and to provide an appropriation therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 2-13-12 be AMENDED:
2-13-12.
In addition to the
distribution authorized by § 2-13-7,
the Bureau of Human Resources and Administration shall deliver to the
Supreme Court,
and the
director of the Legislative Research Council,
and the state library board,
upon proper requisition from time to time, copies of the session
laws,
which may be used in their discretion in exchange for the statutes,
codes, or reports of other states, territories, or countries, or for
textbooks or other works on law, for the purpose of completing and
improving the Supreme Court and legislative reference libraries,
for distribution to public and academic libraries in this state and
for fulfilling the requirements of chapter 14-1A.
Section 2. That § 14-1-40 be AMENDED:
14-1-40.
The policy of the
State of South Dakota
shall be
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
shall be
is encouraged
where
such
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
shall
must 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.
Section 3. That § 14-1-44 be AMENDED:
14-1-44.
The State Library
Office shall execute the library policy of the
State of South Dakota
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) 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)(4) Collect
and publish annual statistical data of libraries in the state
Promote a system of public, school, and academic libraries across the
state;
and
(2) Offer training and technical
assistance to library personnel across the state;
(3)(5) Provide
Braille and talking book services to make reading resources more
generally accessible;
and
(4) Upon request, assist local
libraries with literacy programming, promotion, and organization.
Section
4.
That § 14-1A-3
be AMENDED:
14-1A-3.
Each
state agency shall notify the State Library
South Dakota State Historical Society
of any state publications
publication
of the agency and shall make available the state publication
available
to the State Library as provided by administrative rule
society.
Section
5.
That § 14-2-40
be AMENDED:
14-2-40.
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
must
be compensated at rates determined by the governing body's
compensation schedule, if such
the
schedule exists. If no such schedule exists, the salary shall
must
be set by the local governing body;
(2) Adopt
bylaws for the conduct of their
the board's
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;
and
(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.
Section 4. That § 1-45-26 be REPEALED.
The State Library Office
of the Division of Library Services includes the State Library Board
created by § 14-1-55.
Section 5. That § 14-1-45 be REPEALED.
The State Library Office
shall provide library service to the Legislature and to the personnel
of state government.
Section 6. That § 14-1-47 be REPEALED.
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.
Section
9. That § 14-1-48
be REPEALED.
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.
Section 7. That § 14-1-51 be REPEALED.
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.
Section 8. That § 14-1-55 be REPEALED.
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.
Section 9. That § 14-1-56 be REPEALED.
The State Library Board
shall maintain its office in the State Library at the capital of the
state.
Section 10. That § 14-1-59 be REPEALED.
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.
Section 11. That § 14-1-60 be REPEALED.
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.
Section 12. That § 14-1-64 be REPEALED.
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.
Section
16. That § 14-1A-1
be REPEALED.
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.
Section 13. That § 14-1A-2 be REPEALED.
There is created as a
section of the State Library, and under the direction of the state
librarian, a state publications library distribution program. The
program shall promote the distribution and use of state publications
in libraries throughout the state. The State Library Board shall
promulgate rules pursuant to chapter 1-26
necessary to carry out this chapter.
Section 14. There is appropriated $100 from the general fund, to the Department of Education, for operations of the State Library.
Section 15. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 16. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 17. This Act is effective beginning June 30, 2025.
Underscores indicate new language.
Overstrikes
indicate deleted language.