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Electronic Direct Access.   

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This program of the Act enables library users to obtain electronic borrowing privileges and electronic information delivery privileges from libraries for which these people do not constitute the primary clientele.

(a) Each member of a regional library network is eligible to authorize library users who constitute part of its primary clientele to utilize this service and is eligible to receive reimbursement for extending this service to people who are not part of its primary clientele but who are part of the primary clientele of other members of regional library networks statewide.

(b) A member of a regional library network desiring to participate in this program shall:

(1) make its own bibliographic records and location information as described in Section 20328(a) of this subchapter available electronically statewide;

(2) at its discretion, authorize members of its primary clientele to receive electronic borrowing privileges and electronic information delivery privileges by issuing statewide electronic library cards to them;

(3) provide electronic borrowing privileges and electronic information delivery privileges to authorized holders of statewide electronic library cards; and

(4) deliver services in accordance with the protocols 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).

(c) An eligible borrower is a person who is authorized by and holds a valid statewide electronic library card issued by a member of any regional library network statewide.

(1) Any additional identification normally 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 by which the borrower is eligible for service.

(3) Items may be sent electronically to the computer transmitting the request or to a designated substitute computer or to an e-mail account.

(4) Items which cannot be transmitted electronically may be delivered physically to the member of the regional library network authorizing the eligible borrower. Alternatively, the borrower may pay for delivery costs for delivery to an alternate site. The borrower is responsible for returning the item to the library authorizing him or her as an eligible borrower or, alternatively, paying the delivery and related costs of returning the item to the lending library.

(d) Electronic transmission of information or loan of a library material of any type by an institution or a public library jurisdiction to an eligible borrower shall result in reimbursement from the state under Education Code Section 18844(d). An institution or public library jurisdiction shall not collect reimbursement for the same transaction under both the interlibrary loan program and the electronic direct access program.

(e) Reimbursable costs are those handling costs and delivery costs which a lending library incurs in filling a successfully completed electronic direct loan transaction.

(f) To obtain reimbursement, an institution or public library jurisdiction shall provide to the state board an invoice detailing its electronic direct access transactions for the appropriate period. For audit purposes, a record of these invoices shall be maintained for four years.

(g) 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(d)

(Added by Register 2000, No. 19)