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Direct Loan   

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This program of the Act enables library users to receive direct borrowing privileges at libraries for which these people do not constitute the primary clientele.

(a) Members of a regional library network are eligible to receive reimbursement for extending direct borrowing privileges to people who are not part of their primary clientele, but who are part of the primary clientele of other members of its regional library network. Services shall be provided in accordance with the protocols of the regional library network.

(b) Members of a regional library network are eligible to receive reimbursement for extending direct borrowing privileges to people who are not part of their primary clientele, but who are part of the primary clientele of other members of any regional library network statewide. Protocols shall be established through subsequent rulemaking under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).

(c) A library participating in a direct loan program under this Act shall apply the same rules, policies, procedures, and fees related to borrowing privileges to eligible borrowers from other institutions or public library jurisdictions as are applied to individual members of its own primary clientele. Where there are different categories of primary clientele with different service levels, the library shall identify the service level applicable to eligible borrowers from other institutions or public library jurisdictions.

(d) Libraries participating in this program shall ascertain whether or not each person requesting direct borrowing privileges is a member of its primary clientele. If the person is a member of the library's primary clientele, such services shall not be reimbursable under this Act.

(e) An eligible borrower shall hold a valid borrowers card (or equivalent) issued by a member of a regional library network in recognition of his or her status as part of the primary clientele of that institution or public library jurisdiction.

(1) Any additional identification generally required by a library of its own primary clientele may also be required.

(2) The lending library may also require the name and current address of the borrower and the name and current address of the institution or public library jurisdiction through which the borrower is eligible for service.

(f) Contracts for loan and other services provided by an institution or a public library jurisdiction to the primary clientele of another institution or public library jurisdiction are not prohibited. Persons served under such contracts shall be registered as part of the primary clientele of the institution or public library jurisdiction providing the contract service. No reimbursement for services provided under the terms of such contracts shall be provided under this Act.

(g) Loan of a library material of any type by an institution or public library jurisdiction to an eligible borrower shall result in reimbursement from the state under Education Code Section 18844(c). Reimbursements shall be equitable in that:

(1) each loan to an eligible borrower from a type of library different from the lending library shall be reimbursed; and

(2) each loan to an eligible borrower from the same type of library as the lending library shall be reimbursed on a net imbalance basis, to the extent that the number of items loaned to its non-primary clientele exceeds the number of items borrowed by its primary clientele from other libraries of the same type.

(h) To obtain reimbursement, an institution or public library jurisdiction shall provide to the state board an invoice detailing its provision of direct loan services for the appropriate period. For audit purposes, a record of these invoices shall be retained for four years.

(i) Reimbursable costs are those handling costs incurred by the lending library in processing a direct loan under the provisions of this Act.

(j) The reimbursement formula and procedures shall be established through subsequent rulemaking conducted under the provisions of the Administrative Procedure Act (Chapter 3.5 of Division 3 of Title 2 of the Government Code, commencing at Section 11340).

Authority cited:

Education Code 18821

Reference:

Education Code 18844(c)

(Added by Register 2000, No. 19)