BILL NUMBER: SB 409 CHAPTERED
BILL TEXT
CHAPTER 948
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1998
APPROVED BY GOVERNOR SEPTEMBER 28, 1998
PASSED THE SENATE AUGUST 30, 1998
PASSED THE ASSEMBLY AUGUST 27, 1998
AMENDED IN ASSEMBLY AUGUST 24, 1998
AMENDED IN ASSEMBLY JUNE 11, 1998
AMENDED IN ASSEMBLY JUNE 10, 1998
AMENDED IN ASSEMBLY APRIL 20, 1998
AMENDED IN SENATE APRIL 28, 1997
INTRODUCED BY Senator Alpert and Assembly Member Sweeney
(Coauthor: Senator McPherson)
(Coauthors: Assembly Members Alquist, Bowler, Cunneen, Davis,
Firestone, Honda, Lempert, Mazzoni, Pacheco, Scott, Shelley, and
Wayne)
FEBRUARY 18, 1997
An act to add Chapter 4.5 (commencing with Section 18800) to Part
11 of, and to repeal Chapter 4 (commencing with Section 18700) of
Part 11 of, the Education Code, relating to libraries, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 409, Alpert. Libraries.
Existing law, the California Library Services Act (act),
establishes the California Library Services Board and provides that
its duties include, among other things, adopting rules, regulations,
and general policies relating to the implementation of the act. The
State Librarian is the chief executive officer of the board and
administers the act. Under the act, a library system, constituted as
specified, receives an annual allowance for the improvement and
maintenance of coordinated reference service support to the members
of the system. A library system, any public library, or any
combination of public libraries is authorized to apply for funds for
special services programs, as defined. Each member library of a
system is reimbursed for interlibrary loans between member libraries
of the system, as specified. Each library system is required to
apply for funds for intrasystem communications and delivery and for
planning, coordination, and evaluation of overall systemwide
services. Each system is required to establish an administrative
council and an advisory board, each with specified duties. Under the
act, the California Library Services Board is authorized to
establish and administer state reference centers responsible for
answering reference requests that cannot be met by systems and
libraries authorized under the act.
This bill would revise and recast the act by enacting the Library
of California Act under which services would be augmented and
regional networks established. The bill would provide for a
transition period from the California Library Services Act services
and funding to the Library of California Act services and funding.
This bill would repeal the California Library Services Act upon
completion of the transition, and would provide that this bill would
control in case of conflict during the transition period.
This bill would appropriate $5,000,000 from the General Fund to
the Library of California Board, established by its provisions, for
startup costs under the act, including, but not limited to,
telecommunication and infrastructure costs.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.5 (commencing with Section 18800) is added to
Part 11 of the Education Code, to read:
CHAPTER 4.5. LIBRARY OF CALIFORNIA ACT
Article 1. General Provisions
18800. This chapter shall be known as the Library of California
Act.
18801. (a) The Legislature finds all of the following:
(1) Our economy is information based. Because libraries are
information providers, they have a primary responsibility for the
collection, organization, and dissemination of information supporting
the economic development of California.
(2) Resource sharing, cooperation, and collaboration among all
California libraries of all types creates a whole that is greater
than the sum of its parts. Each library can serve as a gateway to
the resources and services of every other California library.
(3) The state's economic and democratic vitality depends upon the
education of all Californians and their equitable access to
information in an effective, timely fashion. Public and private
partnerships enhance information access and delivery.
(4) Access to information is increasingly technology based.
Technology is vital to the libraries serving Californians. The
sharing of resources and services among libraries is most
cost-effective when appropriate technology is utilized effectively.
(5) Our multicultural and complex society creates needs for
materials, information, and services that go beyond the ability of
any one library or any one type of library to provide.
(6) The academic library is a primary source of curriculum-related
educational and research information for higher education.
(7) The public library is a primary source of information,
enrichment, and lifelong learning for persons of any age, location,
or economic circumstance.
(8) The school library is a primary source of curriculum-related
resources and instructional reading materials in elementary and
secondary schools.
(9) The special library is a primary source of information and
research resources related to its specific mission or the purpose of
its parent organization which may be a corporation, hospital, legal
organization or other institution.
(10) No single library is able to meet all the diverse needs of
all of its primary clientele, including people with disabilities,
non-English-speaking and limited-English-speaking persons, those who
are confined to home or an institution, those who are geographically
isolated, and those who are economically disadvantaged. Highly
specialized information needs often surpass the resources of any
single library in the state.
(11) The effective sharing of resources and services among the
libraries of California requires a structure and an ongoing
commitment by the state to compensate libraries for services provided
to Californians other than their primary clientele.
(b) The Legislature therefore finds and declares the following:
(1) It is in the interest of the people of the state to ensure
that all Californians have free and convenient access to all library
resources and services that could provide essential information and
enrich their lives.
(2) To respond fully and successfully to these information needs
and to the diversity of California's population, libraries of all
types and in all parts of the state must be enabled to interact,
cooperate, and share resources.
(c) (1) It is the intent of the Legislature to provide all
Californians with the opportunity to obtain from a local library all
their needed materials and informational services by facilitating,
and supporting through that library, access to the resources of all
libraries in the state.
(2) It is the intent of the Legislature to accomplish this goal by
enabling libraries of all types and in all parts of the state to
provide their users with the services and resources of all libraries
in this state, and by assisting libraries to provide and improve
service to the underserved.
18802. In adopting this chapter, the Legislature declares that
its policy is as follows:
(a) To reaffirm the principle of local control of the government
or administration, or both, of libraries and to affirm that the
provisions of this chapter apply only to libraries authorized by
their jurisdictions or institutions to apply to participate in the
programs authorized by this chapter.
(b) To enable the users of all libraries, regardless of the
library type, size, or geographic location, to benefit from some or
all of the services authorized by this chapter.
(c) To require that no library, as a condition for receiving funds
or services under this chapter, acquire, provide access to, or
exclude any specific book, periodical, film, recording, data base,
picture, or other material or medium, or acquire, provide access to,
or exclude any classification of books or other material by author,
subject matter, or type.
(d) To encourage adequate funding of libraries from local or other
sources, with state aid under this program to be furnished as a
supplement to, rather than a replacement for, other funds.
(e) To ensure that the necessary technological infrastructure is
provided.
(f) To ensure library service to the underserved of all ages.
(g) To encourage and enable the sharing of resources among
libraries of all types.
(h) To reimburse equitably any participating library for services
it provides to Californians other than its primary clientele.
(i) To assure that no existing library service programs, funded at
the local or state level, are diminished as a result of the resource
sharing authorized by this chapter.
Article 2. Definitions
18810. As used in this chapter, unless the context otherwise
indicates or unless specific exception is made, the following
definitions apply:
(a) "Academic library" means a library established and maintained
by a college or university or other postsecondary institution to meet
the educational needs of its students, faculty, staff, and others by
agreement.
(b) "Act" means the Library of California Act.
(c) "Direct loan" means the lending of a book or other item, or
furnishing a copy directly to a borrower, in person or through
electronic means.
(d) "Document delivery" means the transmission, in response to a
request, of information from one library to another, in either a
physical or digital format.
(e) "Electronic direct access" means the provision of electronic
borrowing, or electronic document delivery services directly to
library users, or both.
(f) "Information agencies" means institutions that provide or
preserve, or both, information resources, such as archives,
historical societies, libraries, and museums.
(g) "Institution" means a business or corporation, college,
correctional facility, education agency, governmental agency,
hospital, not-for-profit organization, professional association,
school district, or other organized group that is authorized by law
and that operates one or more libraries. These libraries would be
academic, school, or special libraries located in California. For
the purposes of this act, if an institution is a member of a regional
library network and a library of that institution decides to
participate in a regional library network and meets the eligibility
standards, but is located within the geographic boundaries of a
network that is different from the network within which the
institution is located, that library shall be a participating library
in the regional network within which it is located.
(h) "Interlibrary loan" means the lending or providing of a book
or other item, or furnishing a copy, from one library to another
library that is under a different jurisdictional or institutional
administration as the result of a request for the item from its
primary clientele.
(i) "Interlibrary reference" means the providing of information by
one library or reference center to another library or reference
center that is under a different jurisdictional or institutional
administration as the result of a request from its primary clientele
for information that is beyond that library's mission and resources.
(j) "Library user" means a Californian who is part of the primary
clientele of a library but does not work for that library.
(k) "Network region" means a geographic subdivision of California
within which libraries organize as a regional library network under
this act for the purpose of resource sharing and mutual cooperation.
Boundaries of network regions are determined on the basis of the
following criteria: public library jurisdictional boundaries;
commonality with boundaries of educational institutions; recognition
of current transportation, marketing, and communication patterns;
location of and access to library resources; adequacy of resources
for resource sharing purposes; and population.
(l) "Participating library" means the libraries of a public
library jurisdiction that is a member of a regional library network
or a library of an institution that is a member of a regional library
network if that library decides to participate in a regional library
network and meets the eligibility standards set forth in Section
18830.
(m) "Patron referral" means the accepted procedure among libraries
by which onsite services are made available in an appropriate format
to people who would otherwise not be able to utilize them.
(n) "Preservation" means the prevention or delay of deterioration
of, and damage to, archival and library materials through the
appropriate environmental controls or treatment, or both. For the
purposes of this chapter, preservation encompasses conservation,
digitization, and duplication of endangered materials in a different
format.
(o) "Primary clientele" means the people for whom the library has
been established to provide services. It includes people served by
different outlets of its jurisdiction or institution. A person may
be a member of the primary clientele of more than one type of
library.
(p) "Public library" means a library, or two or more libraries,
operated by a single public jurisdiction to meet the needs of its
primary clientele and others by agreement.
(q) "Public library jurisdiction" means a county, city and county,
city or any district that is authorized by law to provide public
library services and that operates a public library.
(r) "Regional library council" means the administrative body over
each regional library network, on which all members are represented.
(s) "Regional library network" means a not-for-profit, cooperative
organization established by the Library of California Board composed
of libraries within the public library jurisdictions or institutions
that choose to become members and agree to share resources and
services with, or to provide resources and services to, or both,
other members of the regional library network.
(t) "Resources" are library materials that include, but are not
limited to, print, nonprint materials and microformats; network
resources such as software, hardware, and equipment; electronic and
magnetic records; data bases; communication technology; facilities;
and human expertise.
(u) "School library" means a library that is established to
support the curriculum-related research and instructional reading
needs of pupils and teachers and provides the collections, related
equipment, and instructional services of a staff for an elementary or
secondary school.
(v) "Special library" means a library that is maintained by a
parent organization to serve a specialized clientele; or an
independent library that may provide specialized materials or
services, or both, in a specific subject to the public, a segment of
the public, or other libraries. It is maintained by an association,
business or corporation, government agency, research institution,
learned society, not-for-profit organization, professional
association, museum, industrial enterprise, chamber of commerce, or
other organized group and is characterized by its depth of subject
coverage.
(w) "Statewide resource library group" means those libraries in
California that have the most comprehensive or specialized resources,
or both, in topics needed by people statewide or regionally and that
agree to provide access to their resources to all members of all
regional library networks.
(x) "State board" means the Library of California Board.
(y) "Type of library" means academic, public, school, or special
library.
(z) "Underserved" means any population segment with service needs
not adequately met by traditional library service patterns;
including, but not limited to: children, disabled, economically
displaced, ethnic and culturally diverse populations, geographically
isolated, illiterate, institutionalized, non-English speaking, and
young adults.
Article 3. Administration
18820. (a) There is hereby established in the state government
the Library of California Board. The state board shall consist of 13
members.
(b) It is the intent of the Legislature that members of the state
board be broadly representative of the people served by libraries
statewide and that members reflect the cultural traditions of
California's people and the diverse geographic areas of the state.
(c) The Governor shall appoint nine members to the state board.
The Governor shall appoint two members to represent academic
libraries, two members to represent public libraries, two members to
represent school libraries, and two members to represent special
libraries. At the time of their appointment and throughout their
tenure, these eight members must work for, or be part of, or be
associated with, the governance structure of the type of library they
represent, and that library must be a member of a regional library
network. The Governor shall also appoint one member representing the
general public.
(d) The Senate Rules Committee shall appoint two members
representing the general public. The Speaker of the Assembly shall
also appoint two members representing the general public.
(e) The initial members of the state board shall be those persons
serving on the California Library Services Board at the time of the
enactment of this chapter. As new members are appointed, the
composition of the board shall reflect the provisions of this
section. The terms of office of members of the state board is four
years or the remainder of the term for a position filled after a
vacancy. No individual shall serve for more than two consecutive
four-year terms.
(f) The concurrence of seven members of the state board is
necessary for the validity of any of its acts.
(g) Members of the state board shall serve without pay. They
shall receive their actual and necessary traveling expenses while
conducting official business.
18821. The state board shall adopt rules, regulations, and
general policies for the implementation of this chapter and,
consistent with this chapter, shall have the following powers and
duties:
(a) To direct the State Librarian in the administration of this
chapter.
(b) To review for its approval all proposals submitted under this
chapter.
(c) To submit budget proposals as part of the annual budget of the
State Library.
(d) To expend the funds appropriated for the purpose of
implementing this chapter.
(e) To establish regional library networks.
(f) To require participating libraries, member institutions,
public library jurisdictions, and regional library networks to
prepare and submit any reports and information necessary to carry out
the provisions of this chapter, and to prescribe the form and manner
for providing the reports and information.
(g) To develop formulas for the equitable allocation of
reimbursements.
(h) To administer an appeals process for membership eligibility in
a regional library network.
(i) To work with and support the work of the regional library
networks and the statewide resource libraries group.
(j) To administer the California Library Services Act, California
Literacy Campaign, and Families for Literacy program.
(k) To serve as the State Advisory Council on Libraries on matters
related to the federal Library Services and Technology Act.
18822. The State Librarian is the chief executive officer of the
state board for the purposes of this chapter and shall do all of the
following:
(a) Make reports and recommendations that may be required by the
state board.
(b) Administer and monitor the provisions of this chapter.
(c) Review all claims to ensure the programmatic and technical
compliance with the provisions of this chapter.
Article 4. Eligible Libraries
18830. (a) Libraries in public library jurisdictions that are
members of a regional library network and libraries in institutions
that are members of a regional library network are eligible to
receive services under this chapter and to become participating
libraries. The board of governance or the appropriate administrative
authority for each academic library, public library, school library,
and special library that decides to join a regional library network
shall take official action to approve network membership. That local
governing agency or appropriate administrative authority shall agree
not to reduce funding for library services as a result of network
participation. Each public library jurisdiction, school district,
university or college, and institution or corporation, or agency or
branch thereof, may become a member of a regional library network. A
public library jurisdiction not a member of the California Library
Service Act public library system on the effective date of this
section, and an institution, shall have at least one library that
agrees to be a participating library and meets the following
eligibility standards:
(1) A written explicit mission statement and service objectives.
(2) A fixed location in California.
(3) Established hours of service.
(4) An organized collection of information and materials
accessible for use by its primary clientele.
(5) Designated, onsite, paid staff for library services. At least
one staff person shall have a master's degree in library or
information science or a California library media teacher credential
issued by the Commission on Teacher Credentialing, but equivalent
graduate education or demonstrated professional experience may be
substituted for this requirement. The eligibility determination will
be made by the regional library network.
(6) An established funding base.
(b) Participating libraries must agree to all of the following:
(1) To share resources and services with other members of the
regional library network.
(2) To provide resources and services for other members of the
regional library network.
(3) To meet the minimum resource-sharing performance standards of
the regional library network.
(c) Participating libraries may not obtain services provided under
this act on behalf of nonparticipating libraries. No membership
fees or service fees may be assessed for access to services delivered
by state funds under this chapter. Regional library networks may
provide their members with increased or enhanced services for a fee,
at the option of each member.
(d) Library jurisdictions that are members of the California
Library Services Act public library systems on the effective date of
this section are deemed to meet the eligibility standards in
subdivision (a), and shall not be required to certify that they meet
these eligibility standards.
18831. (a) Each participating library shall receive
state-supported services from a single regional library network.
Geographical boundaries determine which regional library network a
public library jurisdiction or institution, and its participating
libraries, may join; exceptions may be made by the state board.
Realignment of membership from one regional library network to
another is permissible. A public library jurisdiction or an
institution that is a member of a regional library network may also
subscribe to services offered by other regional library networks.
(b) Eligible libraries may receive state funds for services
delivered under this chapter.
Article 5. Regional Library Network Services
18840. To be eligible for funds under this article, a regional
library network shall submit a plan to the state board for its
approval. The plan shall include all of the following:
(a) An organizational structure.
(b) Bylaws.
(c) Membership policies, assuring that all eligible libraries in
eligible public library jurisdictions and in eligible institutions in
the geographic region will be enabled to participate.
(d) A long-range plan, including the transition of services from
the California Library Services Act to the Library of California Act,
the criteria and functions for regional resource libraries, and the
linkages with information agencies in the region.
(e) The endorsement of the charter members. The charter members
shall include more than one type of library.
(f) Geographical contiguity.
18841. (a) Each regional library network shall establish a
regional library council. Every eligible public library jurisdiction
is designated as a member of the regional library network and its
library director or designee is its representative on the regional
network council. Every eligible institution of which one or more
libraries is a participating library, as described in Section 18830,
is designated as a member of the regional library network and shall
designate its representative on the regional network council from
among the directors of those participating libraries and its chief
library coordinator. In addition, the regional library council shall
include one library user from each type of member library. There
shall be one vote per person on the regional network council. Duties
of the regional network council include overall administrative
responsibility for the network, adopting an annual plan of service,
assuring the appropriate expenditure of funds, and submitting annual
budget proposals to the state board for implementation of the
provisions of this article.
(b) Each regional network council shall elect from its membership
a representative board to carry out its policies. The board shall
include at least one representative from each type of library elected
by representatives of that type of library and at least one library
user. There shall be one vote per person on the representative
board.
(c) Administration and management of the regional library network
shall provide the vision and leadership necessary to perform the
functions and deliver the services in a timely and satisfactory
manner.
18842. Each regional library network shall do all of the
following:
(a) Make available a telecommunications system for the transfer of
information and communications among its members.
(b) Provide regional communications based upon the most effective
methods of exchanging information among its members.
(c) Provide intraregional delivery service based upon the most
cost-effective methods for moving materials among its members.
(d) Provide online access to the information files, resources, and
bibliographic records of its members which may be accessed
regionally and statewide.
18843. Any eligible library or combination of eligible libraries
may receive funds from a regional library network for the provision
of public access to the range of library resources and services
available statewide through electronic online resources.
18844. Each eligible library may participate in one or more of
the access services components through its regional library network
and be reimbursed fully for its service to Californians who do not
constitute its primary clientele. Reimbursement rates shall be
equitable. The state board shall develop the reimbursement rate
formulas. All of the following are access services components:
(a) Interlibrary loan. Each eligible library shall be reimbursed
fully to cover the handling costs of each interlibrary loan among
members of the regional library networks. Participants shall
provide, as well as utilize, interlibrary loan services and may not
charge handling fees to other members.
(b) Patron referral and onsite services. Each eligible library
shall be reimbursed fully for services and resources that are
provided to Californians who would otherwise be ineligible for
services from that public library jurisdiction or that institution.
These persons must be referred by another member of a regional
library network. Information agencies that are not libraries may
also participate in this component and be reimbursed if they are the
only source for the information.
(c) Direct loan. Each eligible library may provide access to
Californians by providing direct borrowing privileges to the primary
clientele of other libraries. They shall be reimbursed fully for the
handling costs of all loans according to an allocation formula.
Each public library jurisdiction that is a member of a regional
library network shall provide direct borrowing privileges to all
residents of the area served by the regional library network.
(d) Electronic direct access. Each eligible library may provide
access to Californians by providing electronic borrowing privileges
or electronic document delivery privileges, or both, to the primary
clientele of other participating libraries. They shall be reimbursed
fully for the handling costs of each transaction. Members
participating in the electronic direct access component shall provide
and utilize electronic direct access services and may not charge
handling fees for this service to other members participating in this
program or to their primary clientele.
(e) Document delivery. Each eligible library shall be reimbursed
fully to cover the costs of document delivery resulting from an
interlibrary loan transaction and electronic loan transaction as
defined in this section.
18845. Each regional library network shall provide opportunities
for training and continuing education activities that encourage the
most effective use of the resources and services authorized under
this chapter, and that respond to the needs of its members in the
effective delivery of services.
18846. (a) Each regional library network shall provide
information and referrals to answer requests that are beyond the
capacity or capability of its members by accessing the resources and
expertise of other libraries, improving general reference service in
participating libraries, and improving
reference service to respond to the needs of the
underserved populations in the region.
(b) Any eligible library or combination of eligible libraries or
regional library network may receive funds from the state board for
information service enhancement within the service area.
18847. Each regional library network shall augment the public
awareness programs of its members by providing public relations
packages to them for customization and dissemination.
18848. Any combination of eligible libraries may receive funds
from the regional library network for cooperative, coordinated
resource development programs of benefit to the local service area
and to the region as a whole. Each library participating in this
program shall already be capable of meeting the basic, recurring
needs of its primary clientele through its locally supported
collection. Library resources purchased, in whole or in part, under
this program shall be widely accessible to Californians for the
useful life of those resources.
18849. Any regional library network may apply to the state board
for funds for services to the underserved programs on a region-wide
basis. Regional library networks may also apply for funds for other
region-wide programs, but these programs shall include a component
for serving the underserved on a region-wide basis.
Article 6. Statewide Services
18850. The state board shall make available all of the following:
(a) A telecommunications infrastructure to ensure that all
participating libraries have equitable access to the resources and
services of all other California libraries.
(b) A statewide communications system between and among regional
library networks, statewide resource libraries, information agencies,
and all other organizations or institutions participating in the
programs authorized by this chapter.
(c) A statewide delivery system between and among regional library
networks, statewide resource libraries, information agencies, and
all other organizations or institutions participating in the programs
authorized by this chapter.
18851. (a) The state board shall promote and support standard
bibliographic records and communication protocols in participating
libraries to ensure statewide access to their resources.
(b) The state board shall make available online access to
bibliographic records and locations of serial publications held by
participating libraries and statewide online access to library
information files, resources, and bibliographic records statewide, as
facilitated by the regional library networks.
18852. (a) The state board shall make available a continuing
education clearinghouse related to library services and encourage the
coordination of activities among the continuing education providers
statewide.
(b) The state board shall provide for training and continuing
education opportunities that encourage the most effective use of the
resources and services authorized under this chapter.
18853. (a) The state board shall facilitate and support access to
specialized information expertise and resources statewide to answer
information requests generated by its primary clientele that are
beyond the capacity or capability of a member institution or public
library jurisdiction and its regional library network. The
information may be provided by libraries, information agencies, and
other regional library networks; and it shall be provided through
electronic or physical means. Provision shall be made for
information formats specially relevant to culturally diverse
populations and persons with disabilities.
(b) Any eligible library or combination of libraries or regional
library networks may receive funds from the state board for
information service enhancement within the service area.
18854. The state board shall expand public awareness of the
value, services, and resources of the participating library of
whatever type, emphasizing its ability to serve as a gateway to all
other California libraries.
18855. (a) The state board shall encourage, promote and support
cooperative, coordinated resource development among member
institutions and member public library jurisdictions.
(b) The state board shall make available a clearinghouse to
facilitate the voluntary transfer of a participating library's
resources to another participating library in response to changes in
that library's mission or location.
(c) Any combination of eligible libraries may receive funds from
the state board for cooperative, coordinated resource development
programs of benefit to people in their local area and in the state as
a whole. Each library participating in this program shall already
be capable of meeting the basic, recurring needs of its primary
clientele through its locally supported collection. Library
resources purchased, in whole or in part, under this program shall be
widely accessible to Californians for the useful life of those
resources.
18856. (a) The state board shall make available a preservation
information center to provide preservation information, coordinate
preservation activities, and conduct preservation training for
participating libraries and information agencies statewide.
(b) Any eligible library or combination of eligible libraries may
receive funds from the state board for the preservation of, and
widespread access to, materials that document California's heritage,
enhance its educational opportunities and economic future, and
portray its cultural diversity. Materials in all formats may be
preserved.
18857. Any eligible library or combination of eligible libraries
may submit proposals to the state board for services to the
underserved programs within the service area. Funds may be expended
for the development of collections to meet the needs of the
underserved, together with the employment or retraining of staff
necessary to promote and utilize the collections effectively, and to
provide appropriate services to the underserved.
18858. Administration and management shall provide the vision and
leadership necessary to perform the functions and deliver the
services in a timely and satisfactory manner. Statewide coordination
includes linkages with national and international library networks
and participation in initiatives related to library services and
development that cross state and national boundaries.
18859. Major resource libraries statewide may participate in
these programs through the statewide resource libraries group,
developing protocols whereby their resources may be accessed
appropriately by people throughout California. Each library must be
a member or a participating library in a regional library network.
(a) Funds may be allocated to some or all libraries in this group
for services delivered and performed under this article.
(b) Collaborative and cooperative projects advancing library
services to the people of California may be undertaken and supported
by some or all members of this group.
Article 7. State Funding
18860. (a) Planning shall occur at the regional level for the
development of library service programs responsive to the needs of
people within each network region. Some or all of these service
programs may be supported by the state.
(b) It is the intent of the Legislature that the state do all of
the following:
(1) Reimburse all participating libraries for services provided to
Californians who do not constitute their primary clientele.
(2) Support the necessary infrastructure enabling the interlibrary
resource sharing to occur.
(3) Assure equitable access to the rich resources of its many
libraries to all Californians.
18861. Funds shall be allocated to member institutions and member
public library jurisdictions in accordance with reimbursement
formulas adopted by the state board and with criteria adopted by the
state board to carry out the provisions of this chapter.
18862. (a) During the first three years of operation, each
regional library network shall receive a basic funding allocation for
service delivery as it establishes services and expands its
membership.
(b) After its three-year establishment period, each regional
library network shall receive an appropriation that contains a base
component that is a uniform statewide minimum allocation, a component
related to demographic variables including population, geography,
population demographics and cost of living, and a component related
to the amount of service delivered in the preceding fiscal year.
18863. Funds appropriated for the support of statewide services
shall be allocated to those services in accordance with criteria
adopted by the state board to carry out the provisions of this
chapter.
18864. There shall be a transition period from California Library
Services Act services and funding to the Library of California Act
services and funding.
18865. Funding provided under this chapter shall support the
costs of administering its provisions and delivering its services.
Article 8. Transition
18870. (a) The transition period from the California Library
Services Act to the Library of California Act shall begin on the
effective date of this chapter.
(b) As new program elements and state funds are phased in to
implement this chapter, they will replace and augment the
corresponding program elements and funds in the California Library
Services Act.
(c) When all program elements of the California Library Services
Act have been replaced and augmented under the provisions of this
chapter, the California Library Services Act as set forth in Chapter
4 (commencing with Section 18700) is hereby repealed unless a
subsequent act of the Legislature continues it in full force and
effect. During the transition period this chapter shall control in
case of conflicts between this chapter and the California Library
Services Act. The state board shall file a written notice with the
Secretary of the Senate and the Chief Clerk of the Assembly notifying
the Legislature of the fact, and date, of full implementation of
this chapter.
SEC. 2. The sum of five million dollars ($5,000,000) is hereby
appropriated from the General Fund to the Library of California Board
for the purpose of funding the startup phase of the Library of
California as set forth in Chapter 4.5 (commencing with Section
18800) of Part 11 of the Education Code for expenditure in the
1998-99 fiscal year to pay the costs of all of the following:
(a) Telecommunications infrastructure to support up to 1,000
libraries, including, but not limited to, the costs of linking
systems and installing regional servers.
(b) Statewide information data base licenses.
(c) Reimbursement for interlibrary loans and direct loans pursuant
to subdivisions (a) and (c) of Section 18844 of the Education Code.
(d) Regional library network development.
(e) Support for statewide coordination.