HomeMy WebLinkAboutMINUTES - 03191996 - C19 ' 1
TO: BOARD OF SUPERVISORS Contra
r
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR _.• ' Costa
County
DATE: March 13, 1996 �rT9 COUP
LEGISLATION: SB 1998 (Mountjoy) - REQUIRES PROPERTY TAX
SUBJECT: TRANSFER TO A CITY WITHDRAWING FROM THE COUNTY LIBRARY
AND TRANSFER OF BUILDING AND CONTENTS
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in OPPOSITION TO SB 1998 by Senator Richard Mountjoy
which, as introduced, requires a transfer of the property tax to a city withdrawing
from the County library system and provides for the transfer to the city of all real and
personal property in the city used for library purposes.
BACKGROUND:
Current law (Education Code Section 19104) provides that a city can notify the
County before January 1 of any year that it wishes to withdraw from the County
library system. When that happens, the current law provides that "... the property
situated in the city or library district shall not be liable to taxes for county free library
purposes." What is not clear is whether the County can continue to tax the property
and transfer the money to the County General Fund or exactly what is supposed to
happen.
Senator Mountjoy has introduced SB 1998 to clarify Education Code Section 19104.
As introduced, SB 1998 does the following:
❑ Clarifies that the property tax proceeds attributable to property located within
the withdrawing city that is used for library purposes is to be transferred to the
withdrawing city.
CONTINUED ON ATTACHMENT: _y__YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES: �.
ACTION OF BOARD ON March 19, 19A6 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT none ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED March 19, 1996
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: SUPERVISORS A D COUNTY ADMINISTRATOR
See Page 2
BY DEPUTY
❑ Provides that the personal and real property within the withdrawing city used
for library purposes shall be transferred to the city upon written request from
the city and pursuant to terms and conditions negotiated between the city and
the County.
Enactment of SB 1998 would tend to "balkanize" library services and reduce even
further the level of service to all remaining portions of the County. It is more efficient
to run a single library for the bulk of the citizens of the County, as is done currently.
If one or more cities were to withdraw from the library and be able to take their share
of the property tax with them, it would be more difficult to maintain the current level
of services to the remaining portions of the library district. This "return to source"
philosophy ignores the substantial support provided to all library branches by the
Central Library and administration, which would have to continue for the benefit of
the remaining portions of the library after one or more cities withdrew from the
library.
The County Librarian recommends that the Board of Supervisors oppose SB 1998
and this office concurs with that recommendation.
cc: County Administrator
County Librarian
Les Spahnn
Heim, Noack, Kelly & Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
-2-
C' • tq
SENATE BILL No. 1998
Introduced by Senator Mountjoy
February 23, 1996
An act to amend Section 19104 of the Education Code,
relating to libraries.
LEGISLATIVE COUNSEL'S DIGEST
SB 1998, as introduced, Mountjoy. County free libraries.
Existing law permits the governing body of a city or library
district to withdraw from the county free library system.
Existing law requires the county to agree to a property tax
agreement in order for the city or library district to withdraw.
This bill would require the county to transfer back to the
city or library jurisdiction that is withdrawing from the county
free library system, that portion of the property tax proceeds
attributable to properties located within the city or library
district being used for county free library purposes. The bill
would also require that the personal and real property used
for county free library purposes within the withdrawing city
or library jurisdiction be transferred to the 'city or library
district upon their request and upon agreement with the
county. To the extent the bill would thereby impose new
duties upon counties; those duties would be a state-mandated
local program.
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated
by the state., Statutory provisions establish procedures for
making that reimbursement, including the creation of a State
Mandates Claims Fund to pay the costs of mandates that do
99
SB 1998 — 2 —
not
. —not exceed $1,000,000 statewide and other procedures for
claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State
Mandates determines that the bill contains costs mandated by
the state, reimbursement for those costs shall be made
pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows.
1 SECTION 1. Section 19104 of the Education Code is
2 amended to read:
3 19104. . The board of trustees, common council, or
4 other legislative body of any city or the board of trustees
5 of any library district may on or before January 1st of any
6 year, notify the board of supervisors that the city or
7 library district no longer desires to be a part of the county
8 free library system. The notice shall be accompanied by
9 a statement complying with the requirements of Chapter
10 8 (commencing with Section 54900) of Part 1 of Division
11 2 of Title 5 of the Government Code. The clerk of the
12 board of supervisors shall file the statement with the
13 county assessor and the State Board of Equalization.
14 Thereafter the city or library district shall cease to
15 participate in the benefits of the county free library, and
16 the pr-e y sitttetted ift the following shall apply'.•
17 (1) The portion of the property tax proceeds
18 attributable to properties loca ted'within the withdrawing
19 city or library district and used for county free library
20 purposes shall tiet be liable te des fet eek&ee limy
21 emeses transferred to the withdrawing city or library
22 district.
23 (2) The personal and real property within the
24 withdrawing city or library district used for library
25 purposes upon the written request of the city or library
26 district shall be transferred by the county board of
27 supervisors to the city or library distrietpursuant to terms
28 and conditions negotiated by and between'thegoverning
99
- 3 — SB . 1998
1 body of the city or library district and the county board
2 of supervisors.
3 SEC. 2. Notwithstanding Section 17610 of the
4 Government Code, if the Commission on State Mandates
5 determines that this act contains costs mandated by the
6 state, reimbursement to local agencies and school
7 districts for those costs shall be made pursuant to Part 7
8 (commencing with Section 17500) of Division 4 of Title
9 2 of the Government Code. If the statewide cost of the
10 claim for reimbursement does not exceed one million
11 dollars ($1,000,000)-, reimbursement shall be made from
12 the State Mandates Claims Fund.
13 Notwithstanding Section 17580 of the Government
14 Code,unless otherwise specified, the provisions of this act
15 shall become operative on the same-,date that the act
16 takes effect pursuant to the California Constitution.
O
99
:OVISI LIBRARIES § 19105
Pt.
11 3
Ch. 6
Cross References
im election on
county free li- Board of supervisors, see Government Code §§ 25000, 25003 et seq.
ee librarymay School districts, affiliation with county and city libraries, see Education Code "§. 18130 et seq.
of the county Notes of Decisions
districts
free pub_icts main- Absence of notice i tain a free public library. 22 Ops.Atty.Gen. 9;.Atty.Gen. 100 Taxable property 2 (1953):
2. Taxable property
Property in a library district is subject to
1. Absence of notice taxation for county free library purposes to the j
Under Educ.C.1943, § 22102, a county free same extent as property in the remainder of the
library service might be provided in absence of county, just as though the library district had i
notice or contract in a city which did not main- not been created. 28 Ops.Atty.Gen. 100 (1956).
action, the § 19104. Withdrawal of city or library district from county library system
by it and The board of trustees, common council, or other legislative body of any city
the date of or the board of trustees of any library district may on or before January 1st of
any year, notify the board of supervisors that the city or library district no
longer desires to be a part of the county free library system. The notice shall be
accompanied by a statement complying with the requirements of Chapter 8
(commencing with Section 54900) of Part 1 of Division 2 of Title 5. of the
Government Code. The clerk of the board of supervisors shall file the state-
ment with the county assessor and the State Board of Equalization. Thereafter
the city or library district shall cease to participate in the benefits of the county
free library,and the property situated in the city or library district shall,not be
liable to taxes for county free library purposes.
(Stats.1976, c. 1010, § 2, operative April 30, 1977.)
Historical and Statutory Notes
Derivation: Educ.C.1959, § 27155 (Stats. Educ.C.1943, § 22105 (Stats.1943, c. 71, p.
my library 1959,c. 2,p. 1454,§ 27155, amended by Stats. 732).
'.- 1972, c. 1135, p. 2190, § 2; Stats.1973, c. 842, Stats.1911, c. 68, p. 80, § 3, amended by
'3 p. 1506, § 1). Stats.1939, c. 234, p. 1492, § 1.
�f trustees,
naintaining 4 § 19105. Effective date of withdrawal
naintaining ;'
y or library If the notice is given after January 1st of any year, the property situated in the
Thereafter fi city or library district shall be liable to taxes for county free library purposes
Atants shall during the immediately succeeding year, and the notice shall not be effective
within the until the next succeeding year, and library service shall be rendered in the.city
free library or library district during the year for which taxes are levied for library purposes
in the city or library district.
(Stats.1976, c. 1010, § 2, operative April 30, 1977.)
Spa
r.
Historical and Statutory Notes
amended by Derivation: Educ.C.1959, § 27156 (Stats. Stats.1911, c. 68, p. 80, § 3, amended by
1959, c. 2,p. 1455,§ 27156, amended by Stats. Stats.1939, c. 234, p. 1492, § 1.
1972, c. 1135, p. 2190, § 3).
' Educ.C.1943, § 22106 (Stats.1943, c. 71, p. i
y 732).
101 i
26B Ca1.Cd.Ann0.(18000-32999)--5 '
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