June 19, 1984

Mr. Clarence L. Coffindaffer 
State Librarian 
State Library Building 
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 84-26

Library building fund

Dear Librarian Coffindaffer:

You requested my opinion on behalf of a local library board regarding the following situation:

FACTS: 

For several years the county commissioners of a particular county have budgeted funds for a library building fund.  Last year the county commissioners informed the library board that they would be unable to budget any more money for the building fund since the fund had reached an amount where they could no longer budget additional funds.

Based upon those facts you ask the following question:

QUESTION: 

Is there a maximum amount of funds that can be accumulated in a library building fund and what relationship, if any, is there between the county capitol projects fund and the library building fund?

SDCL 14-2-46 provides: 

Any local governmental unit may establish a public library building fund and make appropriation to such fund.  Any public library building funds established under previous law shall be continued and new appropriations may be made to them.  If at any time a board of public library trustees ascertains that a building fund or a part thereof is not necessary, it may request its governing body to transfer all or any part of the fund to any  other fund for the purpose of providing public library services or for purchase of public library materials and, upon receipt of such request, the governing body shall complete the requested transfer.

Based upon the clear words of the statute set out above it is my opinion that there is no upper limit for accumulation of funds in the library building fund.

Regarding your question concerning the relationship between the county capitol projects fund and the library building fund, it is my opinion that there is no legal relationship between these two funds when considering whether the library building fund should be included with the county capitol projects fund in order to determine whether that fund has exceeded any applicable limitation; however, there may be a relationship between these two funds in terms of providing space for library services since SDCL Ch. 14-2 clearly contemplates that county or municipal governing bodies cooperate with library boards to provide public library facilities. Accordingly, there is clear authorization for the county commissioners and the library board to cooperate through use of the library building fund and the county capitol projects fund for creation or expansion of library facilities.  See also Official Opinion 81-39.

Respectfully submitted,

Mark V. Meierhenry
Attorney General