BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 711|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                      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  








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            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  








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          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  








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            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









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          OPPOSITION:   (Verified5/14/15)


          None received
          Prepared by:Benjamin Palmer / JUD. / (916) 651-4113
          5/15/15 15:24:36


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