Title 20, Chapter 5, Section 40
( 20-5-40)
(a) 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. (b) A public library may be established in the following manner: (1) By resolution or act, at the discretion of the governing
authority, of any county or municipality, or any combination
thereof; (2) 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 (3) By contractual agreement between the governing authorities of
any county or municipality. |