BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 583
Author: Gomez (D)
Amended: As introduced
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 4-2, 6/19/13
AYES: Wolk, DeSaulnier, Hernandez, Liu
NOES: Knight, Emmerson
NO VOTE RECORDED: Beall
ASSEMBLY FLOOR : 52-19, 5/16/13 - See last page for vote
SUBJECT : County free public libraries: withdrawal: use of
private contractors
SOURCE : California State Council of the SEIU
DIGEST : This bill requires the board of trustees, common
council, or other legislative body of a city or the board of
trustees of a library district in which a withdrawal from the
county free library system becomes effective on or after January
1, 2012 to comply with specified requirements before entering
into a contract to operate the city's or the district's
libraries with a private contractor that will employ library
staff to achieve cost savings. This bill provides that the
specified requirements do not apply if the city or district
libraries are funded only by the proceeds of a special tax
imposed by the city or district, pursuant to state law.
ANALYSIS :
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Existing law:
1.Imposes requirements as specified by AB 438 (Williams, Chapter
611, Statutes of 2011) until January 1, 2019, on a city or
library district that intends to withdraw from a county free
library system and operate libraries with a private contractor
that will employ library staff to achieve cost savings, as
follows:
A. Establishes public notification requirements for the
legislative body of the city or board of trustees of a
library district prior to the meeting;
B. Specifies that the legislative body of a city or the
board of trustees of a library district must clearly
demonstrate that the contract will result in overall cost
savings as compared to the city's or library district's
actual costs of providing the same services, for the
duration of the entire contract;
C. Prohibits the contract for library services from causing
an existing city or library district employee from
incurring a loss of his or her employment or employment
seniority, a reduction in wages, benefits, or hours, or an
involuntary transfer to a new location requiring a change
in residence;
D. Requires the contract to be awarded through a publicized
competitive bidding process;
E. Requires provisions regarding the qualification of the
staff that will perform the work under the contract, and
assurances that the contractor's hiring practices meet
nondiscrimination standards;
F. Requires the contract to specify that it can be
terminated, if the contractor fails to perform, by the city
or library district without penalty, if there is a material
breach of the contract;
G. Establishes additional requirements, if the contract for
library services is over $100,000 on the contractor to
disclose specified information, and for audits to measure
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performance standards and cost savings;
H. Prohibits the term of the contract from being longer
than five years from the date on which the board of
trustees of a library district, or the legislative body of
a city approves the contract;
I. Specifies these provisions do not preclude a city,
library district, or local government from adopting more
restrictive rules regarding the contracting of library
services; and
J. Specifies the requirements, as described above, also
apply to the special provisions for a withdrawal of a city
or library district from the county free library system in
Los Angeles County and Riverside County.
This bill requires a city or library district in which a
withdrawal from the county free library system became effective
on or after January 1, 2012, to comply with specified
requirements before entering into a contract to operate a
library or libraries with a private contractor. Specifically,
this bill:
1.Requires that a legislative body of a city or board of
trustees of a library district in which a withdrawal from the
county free library system becomes effective on or after
January 1, 2012, must comply with the specified statutory
requirements established by AB 438 (Williams, Chapter 611,
Statutes of 2011), before entering into a contract to operate
a library or libraries with a private contractor that will
employ library staff to achieve cost savings.
2.Requires that a legislative body of a city or board of
trustees of a library district in which a withdrawal from the
county free library system in both Los Angeles County or
Riverside County becomes effective on or after January 1,
2012, must comply with specified statutory requirements
established by AB 438 before entering into a contract to
operate a library or libraries with a private contractor that
will employ library staff to achieve cost savings.
3.Exempts a library or libraries from the withdrawal process, if
the library or libraries are funded only by proceeds of a
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special tax imposed by the city or library district, as
specified.
4.Makes technical changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/20/13)
California State Council of the SEIU (source)
AFSME
California Fair Elections Campaign (SCV Fair Elections
Committee)
California Labor Federation
Glendale City Employees Association
Los Angeles Alliance for a New Economy
Organization of SMUD Employees
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
OPPOSITION : (Verified 6/20/12)
City of Simi Valley
League of California Cities
Library Systems and Services, Inc.
ARGUMENTS IN SUPPORT : SEIU argues that this bill simply
closes a loophole and that the provisions of the bill are
neither radical nor a departure from current law governing the
state, school districts and community colleges. Furthermore,
this bill will ensure that tax dollars are accountable and well
spent.
ARGUMENTS IN OPPOSITION : The League of California Cities, in
opposition, writes this bill further erodes local control by
expanding upon provisions in current law established by AB 438
which ties the hands of local governments.
ASSEMBLY FLOOR : 52-19, 05/16/13
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
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Calderon, Campos, Chau, Cooley, Daly, Dickinson, Eggman, Fong,
Fox, Frazier, Garcia, Gatto, Gomez, Gordon, Gray, Hall, Roger
Hernández, Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell,
Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Ting, Torres,
Weber, Wieckowski, Williams, Yamada, John A. Pérez
NOES: Bigelow, Chávez, Conway, Dahle, Donnelly, Beth Gaines,
Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor,
Nestande, Olsen, Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Allen, Chesbro, Gorell, Grove, Holden,
Melendez, Morrell, Stone, Vacancy
AB:nl 6/20/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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