BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 1044
AUTHOR: Liu
AMENDED: March 19, 2012
FISCAL COMM: Yes HEARING DATE: April 18, 2012
URGENCY: No CONSULTANT: Lynn Lorber
SUBJECT : Libraries.
SUMMARY
This bill streamlines the administration of public
libraries to reflect changes in technology and functions
due to budget constraints.
BACKGROUND
The California Library Services Act was established in 1977
for the purpose of ensuring that all people have free and
convenient access to all library resources and services,
regardless of where they live or of the tax base of their
local government. (Education Code § 18700)
The Library of California Act was established in 1998 for
the purpose of ensuring that all Californians have free and
convenient access to library resources and services, and
enable libraries of all types and in all parts of the state
to interact, cooperate and share resources. (EC § 18800)
A library system is defined as:
1) Two or more library systems (jurisdictions)
consolidating to form a library system.
2) Adding independent public library jurisdictions to an
existing system.
3) A cooperative library system that was designated a
system under the Public Library Services Act of 1963.
(EC § 18740)
ANALYSIS
SB 1044
Page 2
This bill streamlines the administration of public
libraries to reflect changes in technology and functions
due to budget constraints. Specifically, this bill:
1) Repeals the Library of California Act.
2) Provides that, beginning January 1, 2013, the members
of the California Library Services Board are to be the
same people who are serving on the former Library of
California Board as it existed on December 31, 2012.
Those members are to serve for the duration of their
term.
3) Repeals the requirement that each library system
establish an advisory board.
4) Repeals provisions regarding annual funding for
coordinated reference services.
5) Repeals provisions regarding special service programs.
6) Updates the name of the federal Library Services and
Technology Act (was the federal Library Services and
Construction Act).
STAFF COMMENTS
1) Need for the bill . According to the author, "In
recent months the California State Librarian held a
series of stakeholder meetings to examine the
California Library Services Act. The genesis of these
meetings was to be able to provide some assurances to
the legislature and the Governor's Administration that
the program was addressing only the most basic needs
in supporting the infrastructure of the state's
critical public library loaning and lending program.
At the largest of the stakeholder meetings, over 130
public libraries were represented in the discussions,
and the work product result of those meetings resulted
in SB 1044."
2) Task force . The California Library Association
convened a task force in January 2012 to discuss the
need for reform, which resulted in recommendations
that are included in this bill.
SB 1044
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3) Two library acts . The California Library Services Act
was enacted in 1977 for the purpose of enhancing equal
access to library materials throughout the state's
public libraries. Provisions related to resource
sharing were designed before the advent of the
Internet and other information sharing technologies.
The Library of California Act was established in 1998 to
enhance free and convenient access to all library
resources and services. The goal was for the state to
compensate individual libraries for services provided
to patrons of other libraries throughout the state to
make the resources of public libraries, school
libraries and private libraries available to all
Californians. The full cost of implementation was
estimated at $60 million annually. Virtually none of
these resource and information sharing programs have
been funded or implemented. In addition,
technological advances since the passage of the
Library of California Act have rendered some functions
outdated.
The Library of California Act, once fully implemented, was
intended to replace the California Library Services
Act. However, now with dated standards and processes,
and the grim prospect for funding, the Library of
California Act should be repealed. The California
Library Services Act would remain intact.
4) Governance . Each library act includes provisions for
a governing board. While two library acts exist in
law, two governing boards never operated concurrently.
The Library Services Act board morphed into the
Library of California board. This bill transfers the
duties of the Library of California board back to the
California Library Services board.
5) Local advisory board . A library system consists of
two or more public library jurisdictions that agree to
share resources among the patrons of each
participating library. This bill repeals the
requirement that each library system establish an
advisory board because current law also requires an
administrative council that consists of the head
librarians of each jurisdiction in the system. Local
SB 1044
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advisory boards are duplicative and unnecessary.
6) Reference services . This bill repeals provisions
regarding annual funding for coordinated reference
services. This service was designed to respond to
library patron reference questions referred to the
system by a local library if the question could not be
answered locally. Library system reference services
have declined dramatically with the availability of
online information.
7) Special services . This bill repeals provisions
regarding special services programs. Current law
authorizes a library system to apply to the California
Library Services board for funds for special services
programs, which establish or improve service to
underserved populations. No state funding exists to
support this program; these services have been funded
using federal library funds and therefore statute
relative to non-existent state funds is unnecessary.
SUPPORT
California Library Association
OPPOSITION
None on file.