Georgia § 20-5-40 - Power of local governments to establish public libraries; procedures for establishment.
Full text of Georgia Official Code of Georgia Annotated § 20-5-40 — Power of local governments to establish public libraries; procedures for establishment., with citation guidance and answers to common questions.
§ 20-5-40. Power of local governments to establish public libraries; procedures for establishment.
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. A public library may be established in the following manner: By resolution or act, at the discretion of the governing authority, of any county or municipality, or any combination thereof; 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 By contractual agreement between the governing authorities of any county or municipality. (Code 1981, § 20-5-40 , enacted by Ga. L. 1984, p. 1005, § 1.) Cross references. - County law libraries, T. 36, C. 15. Law reviews. - For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 20-5-40
What does Official Code of Georgia Annotated § 20-5-40 cover?
Section 20-5-40 ("Power of local governments to establish public libraries; procedures for establishment.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 20-5-40?
A common citation format is "Official Code of Georgia Annotated § 20-5-40" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 20-5-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.