BILL ANALYSIS Ó
AB 438
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ASSEMBLY THIRD READING
AB 438 (Williams)
As Amended May 27, 2011
Majority vote
LOCAL GOVERNMENT 6-2 APPROPRIATIONS 11-5
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|Ayes:|Alejo, Bradford, Campos, |Ayes:|Fuentes, Blumenfield, |
| |Davis, | |Bradford, Campos, Davis, |
| |Gordon, Hueso | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Smyth, Norby |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
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SUMMARY : Increases notification requirements for specified
entities wishing to become a part of the county free library
system, or specified entities that desire to withdraw from the
county free library system. Specifically, this bill :
1)Requires, 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 in all of the following manners:
a) 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;
b) 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; and,
c) 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.
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2)Requires the notice of the contemplated action to 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.
3)Requires, in addition to the notice required by the provisions
of the bill, the board of trustees, common council, or other
legislative body of the city or the board of trustees of the
library district to give notice of the public hearing at which
the contemplated action will be discussed in any other manner
it deems necessary or desirable.
4)Requires the notice to 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.
5)Requires the city or library district to require each request
for notice, as specified in 4) above to be annually renewed.
6)Allows a city or library district to charge a fee that is
reasonably related to the costs of providing notice by mail or
delivery pursuant to 4) above.
7)Allows, if the need arises, a public hearing conducted
pursuant to the bill's provisions to be continued for multiple
days or time periods, and specifies that 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.
8)Specifies that failure to receive notice pursuant to
provisions of the bill will not constitute grounds to
invalidate the actions of a city or library district for which
notice was not provided.
EXISTING LAW :
1)Allows boards of supervisors to establish and maintain county
free libraries, within their respective counties.
2)Allows, after the establishment of a county free library, a
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city or library district to be a part of the county free
library, and for the city or library district to be entitled
to the benefits of the county free library; the property
within the city or library district shall be liable to taxes
levied for county free library purposes.
3)Allows the board of trustees, common council, or other
legislative body of any city or the board of trustees of any
library district, on or before January 1st of any year, to
notify the board of supervisors that the city or library
district no longer desires to be a part of the county free
library system.
4)Requires the board of trustees, common council, or other
legislative body of any city or the board of trustees of any
library district to publish at least once a week for two
successive weeks' notice of the contemplated action, giving
the date and the place of the meeting at which the
contemplated action will be taken, prior to notifying the
board of supervisors of the withdrawal.
5)Specifies that the notice of withdrawal shall be given to
specified entities including the county assessor and the State
Board of Equalization (BOE).
6)Contains special provisions for withdrawal of a city or
library district from the county free library system in Los
Angeles County and Riverside County.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, possible mandated costs to the state of approximately
$10,000 to reimburse local governments for posting and noticing
as required. Costs are dependent on the number and size of
jurisdictions that are required to comply.
COMMENTS : The current process contained in the Education Code
allowing the establishment of municipal libraries and the county
free library system dates back to 1911 and was continued in a
new code section in 1977 (Ch. 1010, Statutes of 1976), when
there was a major reorganization of the Education Code.
Existing law allows a board of trustees, common council, or
other legislative body of any city or the board of trustees of
any library district (hereafter referred to as "legislative
body") to notify the county board of supervisors that the city
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or library district wants to withdraw from the county's free
library system.
Before any legislative body can take action to withdraw, the
legislative body must follow specific noticing requirements
contained in Education Code Section 19106. This section of law
requires the legislative body to "publish at least once a week
for two successive weeks prior to Ýlegislative action], in a
newspaper designated by the legislative body, and circulating
throughout the city or library district, notice of the
contemplated action, giving the date and the place of the
meeting at which the contemplated action is proposed to be
taken."
Once the legislative body approves the withdrawal, the
legislative body must send a notice to the board of supervisors
who then works with the county assessor and the BOE to resolve
taxation issues related to the withdrawal from the county free
library system.
This bill increases notification requirements in a situation
where a legislative body either desires to become part of the
county free library system, or wants to withdraw from the county
free library system. The bill's provisions require that notice,
in at least one newspaper of general circulation within the
jurisdiction of the city or the library district, must continue
at least once per week for four successive weeks. The bill also
provides that notice to take action must be posted at the
entrance of each library in the city or library district for at
least 30 days, and 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.
Additionally the bill requires that the notice be mailed or
delivered at least 10 days prior to the public hearing to any
person who has filed a written request for notification, and
allows a city or library district to charge a reasonable fee
related to the costs of mailing or delivering notice. As
specified in the bill, failure to receive notice pursuant to the
bill's provisions does not constitute grounds to invalidate the
actions of a city or library district for which notice was not
provided.
The author argues that some public entities have opted to turn
the administration and operation of their libraries over to
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private, for-profit companies, and in certain instances
taxpayers have opposed the idea but did not have adequate
ability to have their voices heard or to have their will as
taxpayers impact the decision of their elected officials.
Additionally, the author notes that experiences with private
library service providers in other states have shown diminished
library services and new fees on taxpayers. The author asserts
that the existing public noticing requirements are not adequate
for the contemplated withdrawal from the county free library
system. Supporters of the bill argue that there is a need for
more public involvement before a decision is made by a local
government to withdraw from the county free library system.
Support arguments: Supporters argue that increased notification
requirements prior to an action by the legislative body to opt
in or withdraw from the county free library system will create
greater community involvement in local decision-making.
Opposition arguments: This bill imposes additional duties on
local governments to increase notification requirements. It
could be argued that existing notification requirements are
sufficient.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958 FN: 0001103