BILL ANALYSIS Ó
AB 438
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 438 (Williams) - As Amended: April 4, 2011
Policy Committee: Local
GovernmentVote:6-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires voter approval for the withdrawal of a
library district from the county free library system, if that
withdrawing entity will be operated by a private contractor.
Specifically, this bill:
1)Requires that if the legislative body of a city or a library
district intends to operate the city's or the district's
library, with the help of a private contractor that will
employ library staff, the legislative body must provide notice
of the contemplated action and the date and place of the
meeting at least once a week for two consecutive weeks prior
to taking any action, in a newspaper, as specified
2)Requires that if the legislative body approves withdrawal from
the county free library system, and decides to use a private
contractor that will employ library staff, the proposal shall
be submitted for voter approval at a regularly scheduled
election.
3)If a majority of voters approve the withdrawal, the
legislative body shall notify the county board of supervisors
of approval by the voters to withdraw from the county free
library system. The notice to withdraw shall not be effective
until the succeeding year.
FISCAL EFFECT
Potential mandated costs to the state in excess of $150,000 to
reimburse local governments that must have an election to
approve the legislative body's decision. Costs depend on the
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number and size of jurisdictions required to have an election.
In the event the library measure was the only measure on a
regularly scheduled election, the costs could be much higher.
COMMENTS
1)Purpose. The author wishes to provide taxpayers a clear right
to determine how library services will be delivered in their
communities by allowing them to vote on the matter in a
regularly scheduled election.
2)Background. Existing law establishes noticing requirements
when a city wants to withdraw from a county free library
system. In addition, there is a specified process for the
withdrawal of cities from the Los Angeles County free library
system and the Riverside County free library system, which
requires those counties to transfer to a city or library
district the portion of property tax proceeds attributable to
that city or district and establishes provisions relating to
the right of the withdrawing entity to acquire county library
facilities under specified conditions.
3)Timing. The bill could add significant additional time before
contracting could be implemented. If a legislative body
makes a decision, they may have to wait two years for a
regularly scheduled election and then wait until the next year
for the decision to take effect. If contracting is being done
because the legislative body believes it will save money, the
alternative may be to shut down a library or drastically
reduce library services to gain the savings in the interim.
4)Amendment needed. The term "employ library staff" is vague
and suggests that this bill applies to situations where the
private entity is hiring library staff that worked or formerly
worked for the local government. The bill's requirements
could then be circumvented by choosing a private contractor
who would not employ library staff.
Analysis Prepared by : Roger Dunstan / APPR. / (916) 319-2081
AB 438
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