BILL NUMBER: AB 1103	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Papan

                        FEBRUARY 23, 2001

   An act to amend Sections 6301 and 6301.5 of the Business and
Professions Code, relating to law library boards of trustees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1103, as introduced, Papan.  Law library boards of trustees.
   Existing law establishes in each county a board of law library
trustees for the purpose of governing the county law library.
Existing law provides for the membership of those boards, which is
limited to superior and municipal court judges, and members of the
bar, and members of the board of supervisors.
   This bill would revise and recast these provisions and, among
other things, authorize the appointment of persons who are residents
of the county who are not members of the above-specified groups.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6301 of the Business and Professions Code is
amended to read:
   6301.   A   (a) Except as otherwise provided
by statute, a  board of law library trustees is constituted as
follows:  
   (a)  
   (1)  In a county where there are no more than three judges of
the superior court, each of those judges is ex officio a trustee
 ; in a county where there are more than three judges of the
superior court, the judges of the court shall elect three of their
number to serve as trustees.  However, where there are no more than
three judges of the superior court, the  .  The 
judges may at their option select only one of their number to serve
as a trustee, and in that event they shall appoint two additional
trustees who are  residents of the county or  members of the
 bar of the county   State Bar  .    
   (2) In a county where there are more than three judges of the
superior court, the judges of that court shall elect at least four,
and no more than five of their number to serve as trustees.
   (3)  Any judge  of the superior court  who is an ex
officio or elected member may at the judge's option designate a 
resident of the county or a  member of the  bar of the
county   State Bar  to act for the judge as
trustee.  
   (b) In a county with one or two municipal courts the judges of the
court or courts shall elect one of their number to serve as trustee.
  In a county with three or more municipal courts the judges of the
courts may elect two of their number to serve as trustees.  In a
county in which there is no municipal court, the judges of the
superior court may elect one or more of their number to serve as
trustee, in addition to the trustees elected pursuant to subdivision
(a), so that the number of judges elected shall not exceed the number
of judge trustees authorized as of January 1, 1998.  Any judge who
is an elected member may at the judge's option designate a member of
the bar of the county to act for the judge as trustee.
   (c)  
   (4)  The chair of the board of supervisors is ex officio a
trustee, but the board of supervisors at the request of the chair may
appoint a member of the  bar of the county or  
State Bar,  any other member of the board of supervisors of the
county  , or a resident of the county  to serve as trustee
in place of  said   the  chair.  The
appointment of the person selected in  lieu  
place  of the chair of the board of supervisors shall expire
when a new chair of the board of supervisors is selected, and that
appointment shall not be subject to the provisions of Section 6302.

   (d)  
   (5)  The board of supervisors shall appoint as many
additional trustees, who are members of the  bar of the
county   State Bar  , as may be necessary to
constitute a board of  six members in any county where one
member is elected pursuant to subdivision (b), or of seven members in
any county where two members are elected to serve as trustees
pursuant to subdivision (b)   at least six and not more
than seven members  .  
   (b) No more than two law library trustees may be residents of the
county who are not judges of the county, members of the State Bar, or
members of the board of supervisors of the county. 
  SEC. 2.  Section 6301.5 of the Business and Professions Code is
amended to read:
   6301.5.  In any county  in which there is no county bar
association, if the board of supervisors determines that there is not
a sufficient number of members of the State Bar residing, and with
their principal places of office for the practice of law, in the
county eligible for appointment to the board of library trustees by
the board of supervisors pursuant to subdivision (d) of Section 6301
for the constitution of a six-member seven-member board of library
trustees, the board of library trustees may consist of  
where there are three or fewer judges of the superior court, the
board of supervisors, with the concurrence of the judges of the
superior court, may reduce the number of law library trustees to
 not less than three members.