BILL ANALYSIS Ó
SB 711
Page 1
SENATE THIRD READING
SB
711 (Wolk)
As Introduced February 27, 2015
Majority vote
SENATE VOTE: 38-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Local |9-0 |Maienschein, | |
|Government | |Gonzalez, Alejo, | |
| | |Chiu, Cooley, Gordon, | |
| | |Holden, Linder, | |
| | |Waldron | |
| | | | |
| | | | |
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SUMMARY: 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.
EXISTING LAW:
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1)Mandates, in each county, a board of law library trustees,
which governs the law library established for the county.
2)Provides for the makeup of the board of law library trustees,
as specified, and provides that each board of law library
trustees shall meet regularly each month on such day as it
shall appoint, or as specified. Allows the president of the
board to call a special meeting at any time for the
transaction of necessary business.
3)Requires all money collected for the law library in each
county to be deposited with the treasurer of the county, who
shall keep the same separate and apart in a trust fund or
trust account, to be disbursed by the board of law library
trustees.
4)Requires a law library to 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.
5)Allows the board of law library trustees to provide for the
levying of finds and charges for violation of the rules, and
allows the board to make charges to cover the cost of special
services, such as making of photo copies of pages of library
books, and messenger service.
6)Allows the board of law library trustees to require persons
other than members of the judiciary, county officials, and
member of the bar resident in the county, to pay such dues as
the board may affix for the privilege of removing books and
other publications from the library. Allows, with the
approval of the Board of Supervisors, the board of law library
trustees to charge individual members of the bar resident in
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the county fees for the removal of books and other
publications from the library, and provides that these fees
shall not exceed the cost of providing the service.
FISCAL EFFECT: None
COMMENTS:
1)Bill Summary. 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.
This bill is sponsored by the Council of California County Law
Librarians.
2)County Law Libraries. Current law establishes county law
libraries and provides for their governance by a board of
trustees. Existing law provides funding for county law
libraries through a portion of civil filing fees, with each
library receiving a designed 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.
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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 law.
3)Author's Statement. According to the author, "SB 711
clarifies that county law libraries are authorized to provide
and charge for modern services, such as electronic delivery,
other delivery services (such as overnight delivery),
educational programs, special events, and provision of
supplies or food services.
"County law libraries have greatly expanded the types of
services they provide, but Business and Professions Code
Section 6360 has not been updated for decades. Modern
services are not referenced in the statute nor is there
provision for generating revenue by charging for extra
services. County law libraries continue to experience
diminishing operations revenues. In fact, over the past five
years, there has been nearly a 32% decrease in revenue.
Authorizing additional charges to be imposed will not solve
the funding shortfall county law libraries are currently
experiencing, but SB 711 will explicitly state that such
services are authorized and enable county law libraries to
generate some revenue from the ancillary services they
provide."
4)Arguments in Support. According to the sponsor, the Council
of California County Law Librarians, this bill would
"modernize and clarify the authorizing statute in order to
enhance and protect the access to justice role of County Law
Libraries by reflecting the full range of services (e.g.,
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electronic delivery of documents, educational programs and
workshops, etc.) and eliminating any undue restrictions on
revenue-generating activities (e.g., MCLE classes and special
services). Importantly, the basic services we currently
provide to the public, including access to the collection in
print and digitally, reference assistance, etc., would
continue to be provided at no charge whatsoever under SB 711."
5)Arguments in Opposition. None on file.
Analysis Prepared by:
Debbie Michel / L. GOV. / (916) 319-3958 FN:
0001126