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Additional Direct Loan Provisions for Public Library Jurisdictions.   

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Each public library jurisdiction that is a member of a regional library network shall provide direct borrowing privileges to all residents of the geographic area served by the regional library network in accordance with Education Code Section 18842(c) and shall provide such service under the provisions of Section 20324 of this subchapter.

(a) In addition to the reimbursable services identified in Section 20324 (a-b) of this subchapter, each public library jurisdiction is eligible to receive reimbursement for extending direct borrowing privileges to Californians who are not residents of its geographic jurisdiction and who are not part of the primary clientele of other members of any regional library network.

(b) For the purposes of this Act, each resident of the state shall be deemed to have a single legal residency, which shall entitle him or her to resident library services of the public library jurisdiction in which he or she resides, and such services shall not be reimbursable under this Act. In determining the places of residency, the provisions of Government Code Section 244 shall apply.

(c) Extension of borrowing privileges by public library jurisdictions to residents of the geographic area served by the regional library network shall not adversely affect the level of service provided by that library to its own primary clientele.

(1) If existing public library service programs, funded at the local level, are diminished as a result of this resource sharing program, the public library jurisdiction may request a waiver of its participation in the direct loan program or a waiver of one or more of the provisions of Section 20324 (c) of this subchapter.

(2) The regional library network shall submit the original waiver request and the subsequent recommendation of the regional library network to the state board for its consideration within ninety days from receipt of the original request.

(3) The state board shall approve or disapprove the waiver request within one hundred and twenty days of the waiver filing with the state board by the regional library network. If approved, the provisions of the waiver shall be effective thirty days from the date of the state board's action and shall be effective for the time period specified by the state board in its approval.

(4) Criteria considered by the state board in making its determination on the waiver request shall include: impact of the direct loan program on local library service; equity of benefits to the primary clientele of the requesting library; relationship of the action proposed by the public library jurisdiction to the purposes of the Act; and recommendation of the regional library network.

Authority cited:

Education Code 18821


Education Code 18802(i)

Education Code 18844(c)

(Added by Register 2000, No. 19)