BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 711  


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          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 711  
          (Wolk) - As Amended July 9, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          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. The bill also narrowly  








                                                                     SB 711  


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          defines the term "public library" as used by the State Library,  
          to include county law libraries in order to provide them access  
          to additional grant and other funding opportunities.


          FISCAL EFFECT:


          Minor and absorbable costs to the California State Library.


          COMMENTS:


          1)Purpose. According to the author, "County law libraries have  
            greatly expanded the types of services they provide, but  
            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 it will enable county law libraries to  
            generate some revenue from the ancillary services they  
            provide."


          2)County Law Libraries.  Existing 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  








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            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 law.


            This bill modernizes the list of services for which county law  
            libraries can charge a fee to reflect the full range of  
            services they provide. It is important to note that basic  
            services currently provided to the public, such as access to  
            the collection in print and digitally, reference assistance,  
            etc. would continue to be provided at no charge.


          3)Public Libraries. The Library Services Act defines "public  
            libraries" as those run by a single jurisdiction and serves  
            its residents free of charge.  They typically include county,  
            city and special district libraries. They are primarily funded  
            through property tax or other local revenue and receive some  
            state General Fund money, although that has dwindled  
            substantially over the last 15 to 20 years.


            The State Library maintains a list of "public libraries" that  
            is used by grant awarding and other state agencies to  
            determine eligibility for various grants and other funds.  The  
            State Library historically has not included county law  
            libraries on the list because they are not defined as  
            traditional public libraries in existing law, nor would they  
            meet all the criteria.










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            This bill crafts a narrow definition of a public library for  
            the purpose of providing county law libraries access, through  
            the State Library, to additional grant and other funding  
            opportunities, while preventing county law libraries from  
            infringing on state funding provided to traditional public  
            libraries defined under the Library Services Act.


          


          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081