BILL ANALYSIS AB 1103 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1103 (Papan) As Amended June 19, 2001 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 10, 2001) |SENATE: |37-0 |(June 21, | | | | | | |2001) | ----------------------------------------------------------------- Original Committee Reference: L. GOV. SUMMARY : Revises the requirements for law library boards of trustees. The Senate amendments require a majority of incumbent judges to concur when the county board of supervisors reduces the size of the board of trustees. EXISTING LAW : 1)Establishes in each county a board of law library trustees for the purpose of governing the county law library. 2)Provides for the membership of those boards, which is limited to superior and municipal court judges, members of the county bar, and members of the board of supervisors. AS PASSED BY THE ASSEMBLY , this bill: 1)Authorized the appointment of persons who are residents of the county as law library board trustees. 2)Expanded the authorization of who may serve as a trustee from county bar members to State Bar members. 3)Eliminated the requirement that a municipal court judge serve as a trustee. FISCAL EFFECT : None COMMENTS : 1)SCA 4 (Lockyer), Chapter 34, Statutes of 1996, provided a local option for merger of the superior and municipal courts AB 1103 Page 2 in each county. It addressed the concern about duplication of resources between the courts and facilitating the administration of justice. SB 2169 (Lockyer), Chapter 931, Statutes of 1998, made various technical statutory changes needed to implement trial court unification in counties which so elected following the approval of SCA 4. This bill is a continuation of such efforts, amending the requirements of who may sit on a law library board of trustees. 2)Proponents of this bill contend that allowing members of the general public to serve on the boards of county law libraries would broaden the representation of the public on county law library boards and reflect the extent of actual library users. They state that there are an increasing number of laymen using law libraries for purposes such as self-representation in a court of law. In addition, proponents assert that allowing the general public onto a board enables the lay community to become more familiar with what a law library does. Proponents assert that allowing the general public on a board would be beneficial for fundraising. Judges are constrained in what they can do to raise money due to ethical obligations. Proponents state that a major problem of county law libraries is funding because the statutory source of funding emanates from a fraction of civil filing fees. Decline in civil action filings has reduced the county law library funding in the past several years. They believe that a county board of supervisors is more likely to appropriate general fund county money to the county law library if the power of the board and the courts exists to appoint at least one law library trustee who is a representative of the general public. 3)Many attorneys do not belong to a county bar in the locale where they live or practice, whereas all attorneys are required to belong to the State Bar. Deleting the requirement of county bar membership allows all of the attorneys in the county to be eligible to serve on the board. Analysis Prepared by : Joanne Wong / L. GOV. / (916) 319-3958 AB 1103 Page 3 FN: 0001627