BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 711| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: SB 711 Author: Wolk (D) Introduced:2/27/15 Vote: 21 SENATE JUDICIARY COMMITTEE: 7-0, 5/12/15 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski SUBJECT: Law libraries: charges SOURCE: Council of California County Law Librarians DIGEST: This bill authorizes a county law library to impose charges for special services, including electronic delivery, other delivery services, educational programs, special events, and the provision of supplies or food services. ANALYSIS: Existing law: 1)Provides that there is in each county of this State a board of law library trustees (board) which governs the law library established for the county. 2)Provides that a law library 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 SB 711 Page 2 and other publications at the library or its branches. 3)Provides that the board 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. 4)Permits the board to provide for the levying of fines and charges for violations of the rules, and may make charges to cover the cost of special services, such as making photo copies of pages of library books, and messenger service. This bill revises the above provision to allow the board to charge 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 provisions of supplies or food services. Background County law libraries are public libraries that are required, by law, to be free to the judiciary, to state and county officials, to members of the State Bar, and to all residents of the county. The libraries offer legal materials as well as access to librarians to assist individuals with their legal research. Funding for county law libraries comes from a portion of civil filing fees which are generally codified in statute. While county law libraries must be free to the public, they are statutorily authorized to levy fines and charges for violations of the rules, and make charges to cover the cost of special services, as specified. This bill seeks to clarify that provision by expressly allowing libraries to charge for special SB 711 Page 3 services, including electronic delivery, educational programs, special events, and provisions of supplies or food services. Comments The author writes: Current law ([Business and Professions] Code [Section] 6300 et seq.) establishes county law libraries and provides for their governance by a board of trustees. The code provides funding for county law libraries through a portion of civil filing fees, with each library receiving a designated amount from such fees. County law libraries are not supported by state or local tax dollars. While statute requires that access to a county law library be free to the public, many county law libraries charge fees or levy fines to help cover the cost of special services. The fees may be charged for copying materials, having materials faxed or mailed, or for audio or video rentals. The fees help defray the cost of providing these services. County law libraries provide an array of services beyond those specifically cited in statute in order to address the needs of library users and the broader community. The Council of California County Law Librarians reports that nearly all county law libraries provide access to digital resources and other services not specifically referenced in [Business and Professions Code Section] 6360 as currently written. While 18 sections of county law library statutes were updated in 2009 by SB 113 [(Committee on Local Government, Chapter 332, Statutes of 2009)], Section 6360 was not among them and does not reflect the range of services provided by modern day county law libraries. In addition, county law libraries continue to experience SB 711 Page 4 diminishing operations revenues. In fact, over the past 5 years there has been nearly a 32 percent decrease in revenue. While authorizing additional charges to be imposed will not solve the funding shortfall, SB 711 will enable county law libraries to recover the costs of some of the modern services they provide to the public. Furthermore, SB 711 will insulate county law libraries from having to expend already scarce resources defending lawsuits alleging that they have no authority to charge a fee for the various services they provide to attorneys and the public. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified5/14/15) Council of California County Law Librarians (source) Alameda County law Library Butte County Public Law Library Contra Costa County Public Law Library Fresno County Public Law Library Los Angeles County law Library Merced County Law Library Northern California Association of Law Libraries Orange County Employees Association Orange County Public Law Library Sacramento County Public Law Library San Diego County Public Law Library San Diego Volunteer Lawyer Program, Inc. Santa Barbara County Law Library Stanislaus County Law Library Tom Holmann LGBT Law Association Tulare County Public Law Library 22 individuals SB 711 Page 5 OPPOSITION: (Verified5/14/15) None received Prepared by:Benjamin Palmer / JUD. / (916) 651-4113 5/15/15 15:24:36 **** END ****