BILL NUMBER: SB 1044 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 8, 2012
INTRODUCED BY Senator Liu
FEBRUARY 6, 2012
An act to amend Section Sections 18720,
18725, 18747, and 19401 of , to repeal Sections 18741,
18742, 1 8749, and 1 8750 of, and to repeal Chapter 4.5 (commencing
with Section 18800) of Part 11 of Divisio n 1 of Title 1
of, the Education Code, relating to libraries.
LEGISLATIVE COUNSEL'S DIGEST
SB 1044, as amended, Liu. Library districts: territory.
Libraries: administration.
(1) The California Library Services Act establishes the California
Library Services Board and provides that its duties include, among
other things, adopting rules, regulations, and general policies
relating to the implementation of the act. Under the act, a library
system, constituted as specified, receives an annual allowance for
the improvement and maintenance of coordinated reference service
support to the members of the system. The act authorizes a library
system to apply for funds for special services programs, as defined.
The act requires a library system to apply for funds for intrasystem
communications and delivery and for planning, coordination, and
evaluation of overall systemwide services. The act also requires each
system to establish an administrative council and an advisory board,
each with specified duties.
This bill would delete the annual allowance for the improvement
and maintenance of coordinated reference service support to the
members of a library system. The bill would also delete the
authorization for a library system to apply for funds for special
services programs. The bill would delete the requirement that a
library system establish a specified advisory board. The bill would
make technical and conforming changes.
(2) The Library of California Act augments the services provided
under the California Library Services Act and establishes regional
library networks composed of libraries that agree to share services
and resources with one another. The Library of California Act
establishes the Library of California Board, and provides that the
initial members of the board shall be those persons serving on the
California Library Services Board at the time of the enactment of the
Library of California Act. Existing law provides for a transition
period from the California Library Services Act services and funding
to the Library of California Act services and funding, and repeals
the California Library Services Act upon completion of the
transition.
This bill would repeal the Library of California Act. The bill
would require that, on January 1, 2013, the members of the California
Library Services Board be those persons serving on the Library of
California Board, who shall serve for the duration of their terms.
(3) Existing law authorizes the organization
of a library district and provides that a library district may
include incorporated or unincorporated territory, or both, in any one
or more counties, so long as the territory of the district consists
of contiguous parcels and it does not divide the territory of a city.
This bill would delete the conditions that the territory of a
library district consist of contiguous parcels and that the territory
of no city be divided.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18720 of the
Education Code is amended to read:
18720. (a) There is hereby established in the state government
the California Library Services Board, to consist of 13 members. The
Governor shall appoint nine members of the board. Three of the
Governor's appointments shall be representative of laypersons, one of
whom shall represent people with disabilities, one of whom shall
represent limited- and non-English-speaking persons, and one of whom
shall represent economically disadvantaged persons.
(b) The Governor shall also appoint six members of the board, each
of whom shall represent one of the following categories: school
libraries, libraries for institutionalized persons, public library
trustees or commissioners, public libraries, special libraries, and
academic libraries.
(c) The Legislature shall appoint the remaining four public
members from persons who are not representative of categories
mentioned in this section. Two shall be appointed by the Senate Rules
Committee and two shall be appointed by the Speaker of the Assembly.
(d) The terms of office of members of the board shall be for four
years and shall begin on January 1 of the year in which the
respective terms are to start.
(e) On January 1, 2013, the members of the board shall be those
persons serving on the former Library of California Board, appointed
pursuant to former Section 18820, as it existed on December 31, 2012,
who shall serve for the duration of their terms.
SEC. 2. Section 18725 of the Education
Code is amended to read:
18725. The state board shall serve as the State Advisory Council
on Libraries for the purpose of meeting the requirements of the
federal Library Services and Construction
Technology Act.
SEC. 3. Section 18741 of the Education
Code is repealed.
18741. (a) Each system described in Section 18740 shall receive
an annual allowance for the improvement and maintenance of
coordinated reference service support to the members of the system.
Following the effective date of this chapter, if there occurs a
consolidation among individual public libraries that, as of the
effective date of this chapter, are members of a system, the per
member allowance to the system shall continue at the same level as if
the consolidation had not taken place.
(b) After identifying the needs of the underserved, each system
shall use a fair and equitable portion of its reference allowance to
improve the system's reference service to its underserved population
through appropriate collection development, provision of reference
specialists, and staff training. Funds for the reference grant may
also be used for general and specialized reference collection
development, employment of reference specialists, and system-wide
reference training.
SEC. 4. Section 18742 of the Education
Code is repealed.
18742. Any system may apply to the state board for funds for
Special Service Programs on a system-wide basis. Proposals shall
identify the needs of the target service group, assess the capacity
of the applicant system to respond to those needs, and shall identify
the activities and timelines necessary to achieve those objectives.
Systems may also apply for funds for other system-wide programs, but
such programs shall include a component for serving the underserved
on a system-wide basis.
SEC. 5. Section 18747 of the Education
Code is amended to read:
18747. (a) Each system
shall establish an administrative council whose membership consists
of the head librarians of each jurisdiction in the system. Duties of
the administrative council shall include general administrative
responsibility for the system, adopting a system plan of service, and
submitting annual proposals to the state board for implementation of
the provisions of this article.
(b) Each system shall establish an advisory board consisting of as
many members as there are member jurisdictions of the system. The
governing body of each member jurisdiction shall appoint one member
to the advisory board from among its residents.
SEC. 6. Section 18749 of the Education
Code is repealed.
18749. The term of any member of a system advisory board shall be
for two years, and each member shall serve no more than two
consecutive terms. Staggered terms shall be established by drawing of
lots at the first meeting of the advisory board so that a simple
majority of the members shall initially serve a two-year term, and
the remainder initially a one-year term.
The appointing jurisdiction shall ensure that members of a system
advisory board are representative of the public-at-large and of the
underserved residents in the system service area.
SEC. 7. Section 18750 of the Education
Code is repealed.
18750. The duties of each system advisory board shall include,
but are not limited to, the following:
(a) Assisting the Administrative Council in the development of the
system plan of service.
(b) Advising the Administrative Council on the need for services
and programs.
(c) Assisting in the evaluation of the services provided by the
system.
SEC. 8. Chapter 4.5 (commencing with Section
18800) of Part 11 of Division 1 of Title 1 of the
Education Code is repealed.
SECTION 1. SEC. 9. Section 19401 of
the Education Code is amended to read:
19401. The library district may include incorporated or
unincorporated territory, or both, in any one or more counties.