(1)Existing law establishes a board of law library trustees in each county and requires each board to establish and maintain a law library at the county seat in the county in which it is appointed.

Existing law authorizes the board of law library trustees to permit the removal of any books and other publications from the library and its branches as it considers proper, subject to the rules, and in its discretion, the giving of security as the board provides. Existing law authorizes the board to provide for the levy of fines and charges for violation of the rules, and authorizes the board to impose charges to cover the cost of special services, such as the making of photocopies of pages of library books and messenger service.

This bill would additionally authorize the board to impose charges for electronic delivery, other delivery services, educational programs, special events, and provision of supplies or food services.

(2)Existing law establishes the California State Library under the direction of the State Librarian. Existing law specifies the duties of the State Librarian, including giving advisory, consultative, and technical assistance with respect to public libraries to librarians and library authorities, making studies and surveys of public library needs, and adopting rules and regulations for the allocation of federal funds to public libraries.

This bill would define a public library for purposes of the provisions governing the California State Library to mean any public library, as defined for purposes of the Education Code, or any county law library.

(1)Existing law establishes a board of law library trustees in each county and requires each board to establish and maintain a law library at the county seat in the county in which it is appointed.

Existing law authorizes the board of law library trustees to permit the removal of any books and other publications from the library and its branches as it considers proper, subject to the rules, and in its discretion, the giving of security as the board provides. Existing law authorizes the board to provide for the levy of fines and charges for violation of the rules, and authorizes the board to impose charges to cover the cost of special services, such as the making of photocopies of pages of library books and messenger service.

This bill would additionally authorize the board to impose charges for electronic delivery, other delivery services, educational programs, special events, and provision of supplies or food services.

(2)Existing law establishes the California State Library under the direction of the State Librarian. Existing law specifies the duties of the State Librarian, including giving advisory, consultative, and technical assistance with respect to public libraries to librarians and library authorities, making studies and surveys of public library needs, and adopting rules and regulations for the allocation of federal funds to public libraries.

This bill would define a public library for purposes of the provisions governing the California State Library to mean any public library, as defined for purposes of the Education Code, or any county law library.

Existing law authorizes the board of law library trustees to permit the removal of any books and other publications from the library and its branches as it considers proper, subject to the rules, and in its discretion, the giving of security as the board provides. Existing law authorizes the board to provide for the levy of fines and charges for violation of the rules, and authorizes the board to impose charges to cover the cost of special services, such as the making of photocopies of pages of library books and messenger service.

This bill would additionally authorize the board to impose charges for electronic delivery, other delivery services, educational programs, special events, and provision of supplies or food services.

Existing law authorizes the board of law library trustees to permit the removal of any books and other publications from the library and its branches as it considers proper, subject to the rules, and in its discretion, the giving of security as the board provides. Existing law authorizes the board to provide for the levy of fines and charges for violation of the rules, and authorizes the board to impose charges to cover the cost of special services, such as the making of photocopies of pages of library books and messenger service.

This bill would additionally authorize the board to impose charges for electronic delivery, other delivery services, educational programs, special events, and provision of supplies or food services.

 UNFINISHED BUSINESS  

Bill No: SB 711

Author: Wolk (D)

Amended: 7/9/15

Vote: 21

SENATE JUDICIARY COMMITTEE: 7-0, 5/12/15

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

SENATE FLOOR: 38-0, 5/22/15

AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Gaines, Galgiani, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

NO VOTE RECORDED: Fuller

ASSEMBLY FLOOR: 78-0, 8/27/15 (Consent) - See last page for vote

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. This bill also defines a “public library” for purposes of the provisions governing the California State Library to mean any public library, as defined for purposes of the Education Code, or any county law library.

Assembly Amendments add language defining “public library” to include a county law library, as specified.

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 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:

1. 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.

2. Defines a “public library” for purposes of the provisions governing the California State Library to mean any public library, as defined for purposes of the Education Code, or any county law library.

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 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 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.: Yes Local: No

SUPPORT: (Verified 8/27/15)

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

OPPOSITION: (Verified 8/27/15)

None received

ASSEMBLY FLOOR: 78-0, 8/27/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Atkins

NO VOTE RECORDED: Frazier, Williams

Prepared by: Benjamin Palmer / JUD. / (916) 651-4113

8/28/15 11:22:48

**** END ****

Date of Hearing: August 19, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 711

Author:(Wolk) – As Amended Ver:July 9, 2015

Urgency: No State Mandated Local Program: No Reimbursable: 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 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 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.

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

SENATE THIRD READING

STR Bill Id:SB 711

Author:(Wolk)

As Amended Ver:July 9, 2015

Majority vote

SENATE VOTE: 38-0

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, and defines, for purposes of the law related to the California State Library, the term "public library" to include any county law library, as specified.

EXISTING LAW:

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 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 also defines, for purposes of the law related to the California State Library, the term "public library" to mean any public library as defined in that section of law, or any county law library established as specified, thereby adding county law libraries to this section of law.

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.

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., 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: 0001181

SENATE THIRD READING

STR Bill Id:SB 711

Author:(Wolk)

As Introduced Ver:February 27, 2015

Majority vote

SENATE VOTE: 38-0

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:

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 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.

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., 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

Date of Hearing: June 17, 2015

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Brian Maienschein, Chair

SBPCA Bill Id:SB 711

Author:(Wolk) – As Introduced Ver:February 27, 2015

SENATE VOTE: 38-0

SUBJECT: Law libraries: charges.

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:

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 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.

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., 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.

REGISTERED SUPPORT / OPPOSITION:

Support

Council of California County Law Librarians [SPONSOR]

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 Law Library

San Diego Volunteer Lawyer Program, Inc.

San Joaquin County Law Library

San Luis Obispo County Law Library

San Mateo County Law Library

Santa Clara County Law Library

Solano County Law Library

Sonoma County Law Library

Stanislaus County Law Library

Tom Homann LGBT Law Association

Tulare County Board of Law Library Trustees

Tulare County Public Law Library

Yolo County Law Library

2 individuals

Opposition

None on file

Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958

 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 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 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 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.: No Local: No

SUPPORT: (Verified 5/14/15)

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

OPPOSITION: (Verified 5/14/15)

None received

Prepared by: Benjamin Palmer / JUD. / (916) 651-4113

5/15/15 15:24:36

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015 - 2016 Regular Session

Bill No: SB 711 (Author:Wolk)

Amended: Version: February 27, 2015

Hearing Date: May 12, 2015

Fiscal: No

Urgency: No

Consultant: BCP:rm

SUBJECT

Law libraries: charges

DESCRIPTION

This bill would authorize 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.

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 services, including electronic delivery, educational programs, special events, and provisions of supplies or food services.

CHANGES TO EXISTING LAW

Existing law provides that there is in each county of this State a board of law library trustees which governs the law library established for the county. (Bus. & Prof. Code Sec. 6300.)

Existing law 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 and other publications at the library or its branches. (Bus. & Prof. Code Sec. 6360.)

Existing law provides that the board of library trustees 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. (Bus. & Prof. Code Sec. 6360.)

Existing law 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. (Bus. & Prof. Code Sec. 6360.)

This bill would revise 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.

COMMENT

1. Stated need for the bill

According to the author:

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 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.

2. Revising compensation language

As noted above, under existing law, county law libraries may charge to “cover the cost” of special services, such as making of photocopies and messenger service. This bill seeks to, instead, allow them to charge for those services without the specific requirement that the amount exactly cover the cost, and, to clarify the services for which a library may charge. As a practical matter, the ability to simply charge for a service without doing an exact accounting protects a law library from being alleged to have charged more for a service than the actual cost. Further, by clarifying the ability to charge for services such as educational programs and the provision of support or food services, this bill would expressly allow law libraries to expand their offerings. The Council of California County Law Librarians, in support, notes that:

[This bill] would modernize and clarify the authorizing statute to enhance and protect the access to justice role of County Law Libraries by reflecting the full range of services (e.g., 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 provide to the public, including access to the collection in print and digitally, reference assistance, etc., are currently, and under SB 711, would continue to be[,] provided at no charge whatsoever.

As noted by the proponents, this bill would not change the fundamental requirement for law libraries to offer free access to legal books and publications, but, instead, amend the statute to reflect the wide variety of services that may be offered. For example, the Sacramento County Public Library currently offers classes ranging from “Digital Afterlife – Estate Planning for Your Client’s Virtual Assets” to “Practice Pointers for New Attorneys from the Court and Family Law Facilitator’s Perspective,” and the Ventura County Law Library offers a program entitled “Lawyers at the Library,” with topics such as “How to Choose an Attorney” and “Top 8 Medi-Cal Mistakes.” Accordingly, to the extent that county law libraries seek to expand the services they offer – and to charge an appropriate amount for those services – this bill would both expand the statute to acknowledge those additional services, and, allow the law libraries to charge for them.

3. Budget shortfall

While the intent of this bill is not to solve the funding issue, many of the letters from county law libraries, in support, do note the significant decrease in funding over recent years. Below is a sampling of the declines in civil case filing fee revenue (a source of funding for law libraries) over the past six years that has forced reductions in staff, hours of operation, and the purchase of critical resource materials:

• Contra Costa Public Law Library - 40 percent decline;

• Tulare County Public Law Library - 30 percent decline;

• San Luis Obispo County Law Library – more than 29 percent decline;

• San Mateo County Law Library – 70 percent decline;

• Orange County Public Law Library – 34 percent decline;

• Stanislaus County Law Library – more than 40 percent decline;

• Santa Barbara County Law Library – 31.4 percent decline;

• Ventura County Law Library – 37.8 percent decline;

• San Joaquin County Law Library – 41 percent decline; and

• San Diego Law Library – almost 36 percent decline.

As noted above, this bill does not seek to solve the funding problem, but, instead, seeks to enable law libraries to offset costs associated with providing additional services by clarifying both the types of services that may be offered, and, the ability to charge for those services.

Support: Alameda County law Library; Butte County Public Law Library; Contra Costa County Public Law Library; Council of California County Law Librarians; 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; 23 individuals

Opposition: None Known

HISTORY

Source: Council of California County Law Librarians

Related Pending Legislation: None Known

Prior Legislation: SB 113 (Committee on Local Government, Chapter 332, Statutes of 2009) See Comment 1.

**************