Amended in Assembly July 9, 2015

Senate Bill No. 711

Introduced by Senator Wolk

(Coauthor: Senator Wieckowski)

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(Coauthor: Assembly Member Alejo)

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(Coauthors: Assembly Members Alejo and Dodd)

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February 27, 2015

An act to amend Section 6360 of the Business and Professions Code, begin insert and to add Section 19307 to the Education Code, end insert relating to law libraries.

LEGISLATIVE COUNSEL’S DIGEST

SB 711, as amended, Wolk. Law libraries: charges.

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(1) Existing law establishes a board of law library trustees in each county and requires each board to establish and maintain a law library at the county seat in the county in which it is appointed.

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Existing law authorizes the board of law library trustees to permit the removal of any books and other publications from the library and its branches as it considers proper, subject to the rules, and in its discretion, the giving of security as the board provides. Existing law authorizes the board to provide for the levy of fines and charges for violation of the rules, and authorizes the board to impose charges to cover the cost of special services, such as the making of photocopies of pages of library books and messenger service.

This bill would additionally authorize the board to impose charges for electronic delivery, other delivery services, educational programs, special events, and provision of supplies or food services.

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(2) Existing law establishes the California State Library under the direction of the State Librarian. Existing law specifies the duties of the State Librarian, including giving advisory, consultative, and technical assistance with respect to public libraries to librarians and library authorities, making studies and surveys of public library needs, and adopting rules and regulations for the allocation of federal funds to public libraries.

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This bill would define a “public library” for purposes of the provisions governing the California State Library to mean any public library, as defined for purposes of the Education Code, or any county law library.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6360 of the Business and Professions
Code is amended to read:

6360.  

A law library established under this chapter shall be free
to the judiciary, to state and county officials, to members of the
State Bar, and to all residents of the county, for the examination
of books and other publications at the library or its branches.

The board of law library trustees may permit the removal of such
books and other publications from the library and its branches as
it considers proper, subject to such rules, and, in its discretion, the
giving of such security, as it may provide to ensure the safekeeping
and prompt return thereof, but no security shall be required of
members of the judiciary or county officials. The board may
provide for the levying of fines and charges for violation of the
rules, and may make charges for special services, such as the
making of photocopies of pages of library books, electronic
delivery, messenger and other delivery services, educational
programs, special events, and provision of supplies or food
services.

The board of law library trustees may require persons other than
members of the judiciary, county officials, and members of the
bar resident in the county, to pay such dues as the board may fix
for the privilege of removing books and other publications from
the library. With the approval of the board of supervisors, the board
of law library trustees may charge individual members of the bar
resident in the county fees for the removal of books and other
publications from the library. These fees shall not exceed the cost
of providing the service.

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begin insert SEC. 2. end insert   

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begin insert Section 19307 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

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begin insert 19307. end insert   

As used in this chapter, “public library” means any
public library as defined in this code, or any county law library
established pursuant to Chapter 5 (commencing with Section 6300)
of Division 3 of the Business and Professions Code.

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