BILL NUMBER: AB 438 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 4, 2011
AMENDED IN ASSEMBLY MARCH 29, 2011
AMENDED IN ASSEMBLY MARCH 16, 2011
INTRODUCED BY Assembly Member Williams
( Coauthor: Assembly Member
Fuentes )
FEBRUARY 14, 2011
An act to amend Sections 19104 and 19116
Section 19106 of, and to add Section 19104.5
Sections 19106.2, 19106.5, and 19106.8 to, the Education
Code, relating to libraries.
LEGISLATIVE COUNSEL'S DIGEST
AB 438, as amended, Williams. County free libraries:
withdrawal. notice.
Existing law provides that the county boards of supervisors may
establish and maintain, within their respective counties, county free
libraries pursuant to specified provisions of law. Existing law
provides that requires the board of
trustees, common council, or other legislative body of any city or
the board of trustees of any library district may, on or
before January 1st of any year, notify the county board of
supervisors that the city or library district no longer desires to be
a part of the county free library system, as specified
, before giving notice to the county board of supervisors that
the city or library district desires to become a part of,
or withdraw from, the county free library system, to provide notice
of the contemplated action in a specified manner .
This bill would instead provide that the board of trustees, common
council, or other legislative body of a city or the board of
trustees of a library district may, on or before January 1st of any
year, notify the county board of supervisors that it no longer
desires to be part of the county free library system, unless the
board of trustees, common council, or other legislative body of a
city or the board of trustees of a library district intends to
operate the city's or the district's library or libraries with the
help of a private contractor that will employ library staff. The bill
would require that if the board of trustees, common council, or
other legislative body of a city or the board of trustees of a
library district intends to operate the city's or the district's
library or libraries, with the help of a private contractor that will
employ library staff, it must publish notice of the contemplated
action, submit the question for voter approval, and, if the
withdrawal is approved by the voters, notify the county board of
supervisors, as specified. The bill would provide that the notice to
withdraw shall not be operative until the next succeeding year, To
the extent the bill would impose additional duties on local agencies,
the bill would impose a state-mandated local program.
This bill would make other conforming changes.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would revise those notice requirements and would
additionally require that notice to be mailed or delivered to persons
requesting the notice at least 10 days prior to the public hearing
on the matter. The bill would authorize a city or library district to
charge a fee that is reasonably related to the costs of providing
this requested notice. The bill would prohibit a failure to receive
notice pursuant to these provisions from constituting grounds to
invalidate the actions of a city or library district for which notice
was not provided.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19106 of the
Education Code is amended to read:
19106. (a) Before any board of trustees,
common council, or other legislative body of any city, or the board
of trustees of any library district , gives notice that
the city or library district desires to become a part of the county
free library system, or gives notice of withdrawal from the system,
the board of trustees, common council, or other legislative body of
the city or the board of trustees of the library district shall
publish at least once a week for two successive weeks prior
to the giving of either notice, in a newspaper designated by the
board of trustees, common council, or other legislative body of the
city or the board of library trustees of the library district, and
circulating throughout the city or library district, a
notice of the contemplated action , giving the date
and the place of the meeting at which the contemplated action is
proposed to be taken. in all of the following manners:
(1) At least once a week for four successive weeks in at least one
newspaper of general circulation within the jurisdiction of the city
or library district.
(2) At the entrance of each library in the city or library
district for at least 30 days prior to providing notice to the county
board of supervisors.
(3) At the entrance of the city hall or the library district
headquarters for at least 30 days prior to providing notice to the
county board of supervisors.
(b) The notice of the contemplated action shall include the date,
time, and place of the public hearing at which the contemplated
action will be discussed, the identity of the hearing body or
officer, and a general explanation of the action to be contemplated.
(c) In addition to the notice required by this section, the board
of trustees, common council, or other legislative body of the city or
the board of trustees of the library district may give notice of the
public hearing at which the contemplated action will be discussed in
any other manner it deems necessary or desirable.
SEC. 2. Section 19106.2 is added to the
Education Code , to read:
19106.2. (a) The notice required pursuant to Section 19106 shall
be mailed or delivered at least 10 days prior to the public hearing
to any person who has filed a written request for notice with either
the clerk of the governing body of the city or library district, or
with any other person designated by the governing body to receive
these requests. A city or library district may require each request
for notice to be annually renewed.
(b) A city or library district may charge a fee that is reasonably
related to the costs of providing notice by mail or delivery
pursuant to subdivision (a).
SEC. 3. Section 19106.5 is added to the
Education Code , to read:
19106.5. If the need arises, a public hearing conducted pursuant
to Section 19106 may be continued for multiple days or time periods
and the city or library district shall not be required to provide new
notice for each additional day or time period that the hearing is
continued.
SEC. 4. Section 19106.8 is added to the
Education Code , to rea d:
19106.8. Failure to receive notice pursuant to Section 19106 or
19106.2 shall not constitute grounds to invalidate the actions of a
city or library district for which notice was not provided.
SECTION 1. Section 19104 of the Education Code
is amended to read:
19104. (a) The board of trustees, common council, or other
legislative body of a city or the board of trustees of a library
district may, on or before January 1st of any year, notify the county
board of supervisors that the city or library district no longer
desires to be a part of the county free library system, unless the
board of trustees, common council, or other legislative body of a
city or the board of trustees of a library district intends to
operate the city's or the district's library or libraries with the
help of a private contractor that will employ library staff. The
notice shall be accompanied by a statement complying with the
requirements of Chapter 8 (commencing with Section 54900) of Part 1
of Division 2 of Title 5 of the Government Code. The clerk of the
county board of supervisors shall file the statement with the county
assessor and the State Board of Equalization. Thereafter the city or
library district shall cease to participate in the benefits of the
county free library system, and the property situated in the city or
library district shall not be liable for taxes for county free
library purposes.
(b) If the board of trustees, common council, or other legislative
body of a city or the board of trustees of a library district
intends to operate the city's or the district's library or libraries,
with the help of a private contractor that will employ library
staff, the requirements of Section 19104.5 shall apply.
SEC. 2. Section 19104.5 is added to the
Education Code, to read:
19104.5. (a) If the board of trustees, common council, or other
legislative body of a city or the board of trustees of a library
district intends to operate the city's or the district's library or
libraries, with the help of a private contractor that will employ
library staff, the following requirements shall apply:
(1) At least once a week for two consecutive weeks prior to taking
any action, the board of trustees, common council, or other
legislative body of the city or the board of trustees of the library
district shall publish, in a newspaper designated by it and
circulated throughout the city or library district, notice of the
contemplated action, giving the date and place of the meeting at
which the contemplated action is proposed to be taken.
(2) Upon approval of the intent to withdraw by the board of
trustees, common council, or other legislative body of the city, or
the board of trustees of the library district, the question of the
decision to withdraw from the county free library system and to use a
private contractor that will employ library staff to operate the
city's or the district's library or libraries shall be submitted for
voter approval at a regularly scheduled election.
(3) If a majority of voters approve the withdrawal, the board of
trustees, common council, or other legislative body of the city or
the board of trustees of the library district shall notify the county
board of supervisors of approval by the voters to withdraw from the
county free library system. The notice shall be accompanied by a
statement complying with the requirements of Chapter 8 (commencing
with Section 54900) of Part 1 of Division 2 of Title 5 of the
Government Code. The clerk of the county board of supervisors shall
file the statement with the county assessor and the State Board of
Equalization.
(b) The notice to withdraw shall not be effective until the
succeeding year.
SEC. 3. Section 19116 of the Education Code is
amended to read:
19116. (a) (1) Sections 19104 and 19105 are not applicable to the
withdrawal of a city or library district from the county free
library system in Los Angeles County or Riverside County. The
legislative body of any city or the board of trustees of any library
district, whose jurisdiction is within the County of Los Angeles or
the County of Riverside, may notify the board of supervisors for Los
Angeles County or Riverside County, as appropriate, that the city or
library district no longer desires to be a part of the county free
library system, unless the city's legislative body or the library
district's board of trustees intends to operate the city's or the
district's library or libraries with the help of a private contractor
that will employ library staff. The notice shall state whether the
city or library district intends to acquire property pursuant to
subdivision (c). The board of supervisors shall transmit a copy of
the notice to the Los Angeles County Assessor or Riverside County
Assessor, as appropriate, the Los Angeles County Auditor or Riverside
County Auditor, as appropriate, and the State Board of Equalization.
(2) If the city's legislative body or the library district's board
of trustees intends to operate the city's or the district's library
or libraries, with the help of a private contractor that will employ
library staff, the requirements of Section 19104.5 shall also apply.
(b) When a city or library district files a notice pursuant to
subdivision (a), it shall remain a member of the county free library
system until July 1 of the base year or the date on which property is
transferred pursuant to subdivision (c), whichever date is later.
Upon ceasing to be a member of the county free library system, the
city or library district shall not participate in any benefits of the
county free library system, and shall assume the responsibility for
the provision of library services within its jurisdiction. Unless
otherwise agreed by July 1 of the base year in writing by the Board
of Supervisors of Los Angeles County or the Board of Supervisors of
Riverside County, as appropriate, and the withdrawing city or library
district, an amount of property tax revenue equal to the property
tax revenues allocated to the county free library system pursuant to
Article 2 (commencing with Section 96) of Chapter 6 of Part 0.5 of
Division 1 of the Revenue and Taxation Code in the fiscal year prior
to the base year and that were derived from property situated within
the boundaries of the withdrawing entity shall be allocated to and
used to maintain library services by the withdrawing entity in the
base year and, adjusted forward, in each fiscal year thereafter at
the same time allocations are made pursuant to Article 2 (commencing
with Section 96) of Chapter 6 of Part 0.5 of Division 1 of the
Revenue and Taxation Code. This subdivision shall not apply to
property tax revenues that have been pledged to repay bonded
indebtedness of the county free library system.
(c) If there are one or more county library facilities within the
territorial boundaries of the withdrawing entity at the time the
withdrawing entity provides notice pursuant to subdivision (a), the
withdrawing entity shall have the right to acquire any or all of
those facilities from the county and the county shall, no later than
July 1 of the base year, transfer to the withdrawing entity each
facility to be acquired and the personal property therein related to
the provision of library services. If the facility or personal
property was purchased with bond proceeds or other forms of
indebtedness, acquisition shall only take place if the withdrawing
entity assumes any remaining indebtedness and in no way impairs the
repayment thereof. If the withdrawing entity opts not to acquire any
facilities or personal property, the county at its discretion may
dispose of the facilities or personal property or convert the use of
those facilities or personal property, including transferring
collections and other personal property to other sites and converting
facilities to other purposes. If the withdrawing entity opts to
acquire any facilities or personal property, the acquisition prices
shall be as follows unless otherwise provided for by statute or
contract:
(1) Each county library facility which, for the purposes of this
section, shall include the real property upon which the facility is
located and any fixtures therein and shall not include computer
systems and software, shall be transferred for the lesser of:
(A) No cost, if the facility was donated to the county by the
withdrawing entity.
(B) The price paid to the withdrawing entity by the county for the
facility, if the county bought the facility from the withdrawing
entity. However, if the county constructed capital improvements to
the facility after it was bought from the withdrawing entity, the
county's total out-of-pocket costs for the capital improvement
excluding any costs for routine repairs, restoration or maintenance,
shall be added to the price.
(C) The fair market value of the facility. However, if any portion
of the facility was donated to the county by the withdrawing entity
or if any moneys were donated by the withdrawing entity towards the
county's construction or acquisition of the facility or any portion
thereof, the value of the donation shall be subtracted from the fair
market value.
(2) Any personal property within the facility related to the
provision of library services, including books and resource
materials, computer systems and software, furniture, and furnishings,
shall be transferred for the lesser of:
(A) No cost, if the property was donated to the county by the
withdrawing entity.
(B) The fair market value of the personal property. However, on or
before the March 1 preceding the July 1 of the base year, the county
librarian may designate collections of resource books and materials
that are unique in, and integral to, the county free library system
to be special collections. The special collections shall be acquired
by the withdrawing entity only upon mutually agreeable terms and
conditions.
(d) If a facility transferred pursuant to subdivision (c) serves
residents of surrounding jurisdictions, the board of supervisors
governing the county free library system may require, as a condition
of transferring the facility, that the library services provided by
the withdrawing entity to its residents also be available on the same
basis to the residents of the surrounding jurisdictions. However, if
the withdrawing entity contributes to the provision of library
services from other city funds, or through taxes, assessments, or
fees of its residents, the withdrawing entity may provide additional
services to its residents. If the requirement to provide regional
services is imposed and, unless otherwise agreed in writing by the
county and the withdrawing entity by July 1 of the base year, an
amount of property tax revenues equal to the property tax revenues
derived from property situated in the surrounding jurisdictions which
were, in the fiscal year prior to the base year, allocated to the
county free library system pursuant to Article 2 (commencing with
Section 96) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and
Taxation Code shall be allocated to and used to maintain library
services by the withdrawing entity in the base year and, adjusted
forward, in each fiscal year thereafter at the same time other
allocations are made pursuant to Article 2 (commencing with Section
96) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and
Taxation Code. This subdivision shall not apply to property tax
revenues that have been pledged to repay bonded indebtedness. If a
surrounding jurisdiction subsequently provides notice of its intent
to withdraw from the county free library system pursuant to
subdivision (a), on the date the surrounding jurisdiction ceases to
participate in the benefits of the county free library system
pursuant to subdivision (b), the withdrawing entity shall no longer
be required to make library services available to the residents of
the surrounding jurisdiction and property tax revenues derived from
property situated in the surrounding jurisdiction shall no longer be
allocated to the withdrawing entity pursuant to this subdivision.
(e) For purposes of this section, the following terms are defined
as follows:
(1) "Base year" means the fiscal year commencing on the July 1
following the December 2 following the date of the notice given
pursuant to subdivision (a) of this section.
(2) "Fair market value" means:
(A) Any value agreed upon by the withdrawing entity and the
county.
(B) If no agreement as to value is reached by the March 1
preceding the July 1 of the base year, the value assigned by an
appraiser agreed upon by the withdrawing entity and the county.
(C) If no agreement as to the appointment of an appraiser is
reached pursuant to subparagraph (B) by the April 1 preceding the
July 1 of the base year, the value assigned by an appraiser agreed
upon between the withdrawing entity's appraiser and the county's
appraiser.
(D) If no agreement as to the appointment of an appraiser is
reached pursuant to subparagraph (C) by the May 1 preceding the July
1 of the base year, the value assigned by a state certified appraiser
designated by the withdrawing entity. The designated appraiser shall
provide the appraisal in writing to the county no later than the
June 1 preceding the July 1 of the base year.
(E) The withdrawing entity shall reimburse the county for any
appraisal costs the county incurs in determining the fair market
value pursuant to this section.
(3) "Surrounding jurisdictions" means cities and library districts
that are adjacent to the withdrawing entity and tax rate areas in
unincorporated areas of the county that are wholly or partially
within the withdrawing entity's sphere of influence, that are within
the county free library system and have no facility within their
territorial boundaries providing library services at the time the
withdrawing entity provides notice pursuant to subdivision (a).
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.