HomeMy WebLinkAboutMINUTES - 03051996 - C19 C. I q
TO: BOARD OF SUPERVISORS SE 1 Contra
ar :_•..
FROM:, PHIL BATCHELOR, COUNTY ADMINISTRATOR
Costa
County
DATE: February 29, 1996 c�TrA cGJN�`4y
SUBJECT: LEGISLATION: SB 1531 (Marks) - LIBRARY BONDS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a SUPPORT position on SB 1531 by Senator Milton Marks, which would
place on the ballot a $250 million bond issue for libraries.
BACKGROUND:
In the past, the Board of Supervisors has been very supportive of bond measures
which propose to sell bonds to construct additional library facilities. In 1995, the
Board supported AB 309 (Alpert) which would have placed a $500 million bond
measure on the ballot for libraries. AB 309 failed passage in the Assembly
Appropriations Committee.
Senator Marks has introduced SB 1531 in an effort to try to get additional support to
place a somewhat reduced bond measure on the ballot. As introduced, SB 1531
would provide for a grant program for library construction. The bill requires a 35%
local match in either cash or the donation of land. The bill provides that it would be
submitted to the voters at the November 5, 1996 General Election.
I
In view of the Board's past support for similar measures, it appears appropriate for
the Board to also indicate its support for. SB 1531. .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE e
APPROVE OTHER
SIGNATURE(S):
r
ACTION OF BOARD ON March 5. 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT III ) 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 5. 1996
�punty Administrator
Conta PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: ounty Librarian SUPERVISORS AND COUNTY ADMINISTRATOR
Les Spahnn: Heim, Noack, Kelly&Spahnn
1121 L Street, Suite 100
Sacramento, CA 95814
BY I CA AA A DEPUTY
t
r
SENATE BILL No. 1531
Introduced by Senator Marks
, a
February 14, 1996
f .
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An act to add Chapter 12 (commencing with Section 19985)
to Part 11 of the Education Code, relating to financing a
library construction and renovation program by providing the
funds necessary therefor through the issuance and sale of
` bonds of the State of' California and by providing for the
handling and disposition of those funds, and declaring the
' urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
I.
SB 1.531, as introduced, Marks. Public Library Learning.
and Literacy Expansion Act of 1996.
Existing . law provides, under the California Library
Construction and Renovation Bond Act of 1988, for the
issuance of $75,000;000 in state general obligation bonds to
provide funds for grants to any city, county, city and county,
or district for the acquisition, construction, .remodeling, or
rehabilitation of facilities for public library services.
This bill would enact : the Public Library Learning and
Literacy Expansion ansion Act of 1996 which if :adopted b the
� p Y
voters, would authorize the issuance, pursuant to the State
General Obligation. Bond Law, of bonds in the amount of
$250,000,000, exclusive of refunding bonds, as specified, for the
purpose of financing a. similar library construction and
renovation program. The bill would, among other :things,
authorize the use of proceeds from those bonds to fund certain
project,applications that were submitted under the California
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SB 1531 — 2 —
Library Construction and Renovation Bond Act of 1988, but
did not receive funding under that act.
This bill would provide for the submission of the bond act
to the voters at the November 5, 1996, general election in
accordance with specified law.
This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows.
1 SECTION 1. Chapter 12 (commencing with Section
2 19985) is added to Part 11 of the Education Code, to read:
3
4 CHAPTER 12. PUBLIC LIBRARY LEARNING AND LITERACY
5 EXPANSION ACT of 1996
6
7 Article 1. General Provisions
8
9 19985. This chapter"shall be known and may be cited
10 as the Public Library Learning and Literacy Expansion
11 Act of 1996.
12 19986. As used in this chapter, the following terms ,,v
13 have the following meanings:
14 (a) "Committee" means the California Library
15 Construction and Renovation Finance Committee
16 created pursuant to Section 19972. 4
17 (bj' "Fund" means the California Library
18 Construction and Renovation Fund created pursuant to
19 Section 19955.
20 (c) : "Board" means the California Library
21 Construction and Renovation Board created pursuant to
22 Section 19952.
23
24 Article 2. Program Provisions
25
26 . 19987. The proceeds of bonds issued and sold
27 pursuant to this chapter shall be deposited in the fund. �
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8, but ' X33' 1 19988. All moneys deposited in the fund shall be
2 available for grants to any city, county, city and county,
.id act 3 or district that is authorized at the time of the project
ion in 4 application to own and maintain a public library facility
5 for the purposes set forth in Section 19989.
liately 6 19989. The grant funds authorized pursuant to
(0 7 _ Section 19988, and the matching funds provided pursuant
yes. 8 to Section 19995, shall be used by the recipient for any of
9 the following purposes: .
10 (a) Acquisition or construction of new facilities or
'lows. 11 additions to existing public library facilities.
. 12 (b) Acquisition of land necessary for the purposes of
�ction 13 . subdivision (a) .
read: 14 (c) Remodeling or rehabilitation . of existing public
15 library facilities or of other facilities for the purpose. of
RACY 16 their conversion to public library facilities.
17 (d) Procurement or installation, or both, of furnishings
18 and equipment required.to make a facility fully operable,
19 if the procurement or installation is part of a construction
A620 or remodeling project funded pursuant to thi&.section.
cited 21: (e) Payment of fees charged byarchitects, engineers,
nsion 22 and other professionals, whose services are required to ,
23 plan or execute a project authorized pursuant to this
:erms , 24 chapter.
. 25 . 19990. (a) An applicant for. a grant for the
brary 26 acquisition, construction, remodeling, or rehabilitation of
iittee 27 public library facilities under this chapter on land not
28 currently possessed by that applicant, for a project that
brary 29 does not include an application for a grant to acquire that
.nt to 30 land pursuant to subdivision (b) of Section 19989, shall be
31 deemed to comply, with any administrative condition
Crary 32 adopted pursuant to this chapter that the applicant own
.nt to 33 the land if the application is accompanied by a copy-of a
.34 court order issued in an eminent domain action pursuant
35 to Section 1255.410,of the Code of'Civil Procedure that
36 entitles the applicant to possession of the land.
37 (b) The terms "purchase of land" and "acquisition of.
sold 38 land," as used in this chapter, or in anyrule, regulation,
ind. 39 or policy adopted by the State Librarian pursuant to
�4 40 Section 19993, include, but are not. limited to, the
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SB 1531 4 —"
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1 acquisition of land by eminent domain. For that purpose,
2 the eligible cost of acquisition shall be the fair market
3 value of the property as defined by Article 4
4 (commencing with Section 1263.310) of Chapter 9 of Title
5 7 of Part 3 of the Code of Civil Procedure, except that, if
6 title to the land will not. be transferred until after the
7 application is submitted for a grant for the acquisition of
8 the land the eligible cost of acquisition may not exceed
9 the appraised value of the land.
j 10 19991. No grant funds authorized pursuant to Section j
11 19988, or matching funds provided pursuant. to Section i
12 19995, may be used by a recipient for any.of the following 1
13 purposes: 1
14 (a). Books and other library,materials: 1
15 (b) Administrative costs of the project, including, but 1
16 not limited to, the costs of any of the following: 1
17 (1) Preparation of the grant application: . 1
18 (2) Procurement of matching funds. le
19 (3) Conduct -.of an election- for obtaining voter
2(
20 approval of the project: 2i
21 (c) Interest or other carrying charges for financing the 2
22 project-; including; but not limited to, costs =of loans or 2
23 lease p , agreements in excess of the direct costs of 24
24 any of the authorized purposes specified in Section 19989. } . � 25
25 (d) Any ongoing operating expenses for the,fa.cility, its 26
26 personnel, supplies, or any other library operations. 27
27 19992. All construction contracts for projects. funded 28
28 in part.through grants awarded pursuant to.thischapter 29
29 shall be awarded through competitive.bidding pursuant 30
30 to Part 3
(commencing with Section 20100} of Division 2 31
31 of the Public Contract Code,'' 32
32 19993. This chapter shall be administered by the State 33
33 Librarian. The State Librarian shall adopt rules;. �,, 34
34 " regulations, and policies. for :the ,implementation of the, 35
35 chapter. 36
36 19994. A city; county, city and county, or disfrict may 37
37 apply to the State Librarian fora grant pursuant Jo this` 38
38 chapter, as follows: 39
39 (a) Each application shall be for a project fora purpose 40'
40 authorized by Section 19989. '
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a1 (b) The applicant shall request not less than one
purpose, 2. hundred thousand dollars ($100,000) per project.
market 3 (c) An application may not be submitted for a project
-ticle , 4 4 for which construction bids already have been advertised.
of Title 5 19995.: '(a) Each grant . recipient shall provide
t that, if ' 6 matching funds from any available source in an amount
fter the 7 equal to 35 percent of the costs of the project. The
sition,of g remaining.65 percent of the costs of the project shall be
exceed 9 provided through allocations from the fund.
Section 10 . (b), Qualifying . matching funds shall be cash
Section 11 expenditures in the categories specified in Section 19989
12 .� which are made not .earlier than five years prior to the
allowing 13 submission of. the application to the State Librarian.
14 Except as otherwise provided in subdivision (c) , in-kind
0, :1 expenditure.' do not qualify as matching funds.
ing, but 16 (C). Land donated or otherwise acquired for use as a
17 site for the facility, including, but not limited to, land
18 purchased more than five years prior to the submission of
19 the: application to the State Librarian, may be credited
voter
20.' towards the 35 percent matching funds requirement at its
21 appraised value as of the date of the.application.
ging the 22` �(d) Architect fees for plans and drawings for library
oans or 23 renovation and new construction-, including plans and,
costs of 24 drawings.,purchased more than five years prior to the
10 +( 0 25 "submission of the application .to the State.Librarian, may
ility, ifa 26 . .be. credited towards the 35 percent matching . funds
ns: 27 requirement.
funded 2819996: (a) The estimated costs of a project for which .
chapter, 29 an application is ,submitted shall be, consistent with
ursuant 30 `normal public construction costs in the applicant's area.
vision 2 31. (b:) An'a. licant wishin to construct a: roj ect having
3-21
pp g p
32 costs that exceed normal public construction costs,in the
ie State 33 applicant. area may, apply.` fora grant. an.amount not
rules;: �.. i� , : pp. g. ,.
i of the 34 to exceed 65�pereent of the normal.costs if the.applicant
35 certifies'that it is capable of financing the remainder of
ict inay
36 the.project costs from other sources.
37 T9997. Once an application has been approved by.the
to this' 38` .':board and included in the State Librarian's request to the
39 committee, the amount of funding to be provided to the
) irpose 40 applicant may not be increased. Any actual.changes in
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SB 1531 — 6 -
1 project costs are the full responsibility of the applicant. If
2 the amount of funding that is provided is greater than the
3 cost of the project, the applicant shall return that portion
4 of the funding that exceeds the cost of the project to the
5 fund. If an applicant.has been awarded funding by the
6 board, but chooses' not to proceed with the project, the
7 applicant shall return all of the funding to the fund.
8 19998. In reviewing applications, the board shall
9 consider all of the following factors:
10 (a) Needs of urban and .rural areas.
11 (b) Population growth.
12 (c) Changing concepts of public library service.
13 (d) Distance of the proposed project from other
14 existing and proposed facilities.
15 (e) Age and condition of the facility.
16 (f) 'Demonstrated ability to support the ongoing
17 operating expenses of the facility.
18 If, after an .application has been submitted, material
19 changes occur .that would alter the evaluation of an
20 application, the State Librarian may accept an additional >' ;
21 ' written statement from the applicant for the board's
22 consideration.
23 19999. (a) A facility, or the part thereof, acquired,
24constructed, remodeled, or rehabilitated with grants
25 received pursuant to this chapter shall be. dedicated to
26 public library direct service use for a period of not less
27 than 20 years following completion of theproject.
28 (b) The interest of the state in land or a facility, or
29 both, pursuant to the funding of .a project under this
30 chapter, as described in subdivision (a) ; may be
! 31 transferred ,by the State Librarian from .the land or
32 facility, or both, for which that funding was granted to a
33. replacement site and facility acquired or constructed for '1F
34 the purpose of providing public library direct service.
35 (c). If the facility, or any part thereof, acquired,
36 constructed, remodeled, or, rehabilitated with grants
37 received pursuant to this chapter ceases to be used for
38 public library direct service prior to the expiration of the
. 39 period specified in. subdivision (a) ,' the board is entitled _
40 to recover, from the grant recipient or the recipient's ( (
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)licant. If f ' 1 successor in the maintenance of the facility, an amount
than the 2 that bears the same ratio to the value of the facility, or the
Lt portion 3 appropriate part thereof, at the time it ceased to be used
pct to the 4 for public library direct service as the amount of the grant
Lg by the 5 bore to the cost of the facility or the appropriate part
)ject, the 6 thereof. For purposes of this subdivision, the value of the
:und. 7 facility, or the appropriate part thereof, is determined by
and shall 8 the mutual agreement of the board and the grant
9 recipient or its successor, or through an action brought for
10 that purpose in the superior court.
11 (d) The board may release the grant recipient or the
ice. 12 recipient's successor in the maintenance of the facility
in other 13 from its obligation under subdivision (a) , and waive the
14 requirements of subdivision (c) , if the.board determines
15 that so doing would not diminish the quality of public
ongoing 16 library. direct service in the community served by the
17 facility.
material 18 (e) Notwithstanding subdivision (f) of Section 16724
)n of an 19 of the Government Code, any money recovered pursuant
dditional20 to subdivision (c) shall be deposited in the fund, and shall
board's ' 04 21 be available for the purpose of awarding grants for other
22 projects.
tcquired, 23
h grants (00
24 Article 3. Fiscal Provisions
icated to 25
F not less 26 20000. Bonds in the total amount of two.hundred fifty
ct. 27 million dollars ($250,000,000) , exclusive of refunding
Lcility, or 28 bonds, or so much thereof as is necessary, may be issued
ader this 29 and sold.to provide a fund to be used in accordance with,
may be 30 and for carrying out the purposes expressed in, this
land e 31 chapter, including all acts amendatory thereof and
rated to a 32 supplementary thereto, and to be used to reimburse the
ucted for 33 General Obligation Bond Expense Revolving Fund
ervice. 0 ( �':-.� 34 pursuant.to Section 16724.5 of the Government Code. The
lcquired, 35 bonds, when sold, shall be and constitute 'a valid and
h grants 36 binding obligation of the State of California, and the full
used for 37 faith and credit of the State of California .is hereby
on of the 38 pledged for the punctual payment of.both principal of
c entitled 39 and interest on the bonds as the principal and interest
,�cipient's40 become due and payable.
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SB 1531 — 8 -
1 20001. (a) In addition to the purposes authorized in
2 Section 20000, the board may use,proceeds from. the sale
3 of bonds pursuant to this chapter to fund a project for
4 which both of the following conditions are met:
5 (1) The applicant previously applied for funding for ,
6 that same project under Chapter 11 (commencing with
7 Section 19950) , and the State Librarian found the project
8 to be eligible for funding under that chapter, but the
9 project was not funded under that chapter.
10 (2) Not later than a date 60 days after the effective 1
11 date of this chapter, the governing body, of the applicant 1
12 certifies to the State Librarian by resolution, supported 1
13 by official action taken at an open meeting of the 1
14 -governing body, that the applicant requests funding for 1
15 the application under this section. The State Librarian. 1
16 may, for good cause, accept certifications pursuant to this 1
17 paragraph after 60 days. 1
18 (b) Any project that is funded pursuant to this section 1
19. shall comply with the regulations .set forth in Chapter. 1 l
: 1 20 (commencing with Section 20410) of Division 2 of Title :.. { 2
21 5 of, and. Chapter 16 (commencing with Section 16-101) '� ® 2
22 of Part 1 of Title 24 of,the California Code of Regulations, 2
. 23 and with'any additional requirements set forth in-Article 2.
24 2 (commencing with Section 19955) of Chapter 11, but
2-
25 shall be exempt from Article 2. (commencing with Section ( ® 2
26 . 1.9987); of-this chapter. 2'
27 20002: . The bonds authorized by this chapter shall be 2'
28 prepared, executed, issued,:sold, paid; and redeemed as 2,
29 provided in the State General Obligation -Bond .Law 2'
30 (Chapter 4 (commencing with Section 16720) of Part 3 of 3'
31 Division 4 of Title 2 of the Government Code) ,,and all of 3-
32. the provisions of that law apply to the bonds and to this 3`
33 chapter and are hereby incorporated in -this chapter as
3k
34 though set forth-in full in this chapter. 3`
35 20003. (a) For purposes of this chapter, the -
36 , California Library Construction and Renovation Finance 3(
37 Committee created pursuant to Section 19972 is the T
38 "committee as that term is used in 'the State General T
39 Obligation Bond ,Law. 3`
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.zed in 1 (b) For purposes of the State General Obligation Bond
he sale 2 Law, the California Library Construction and Renovation
pct for . 3 Board is designated the "board."
4 20004. The committee shall determine whether or
.ng for . 5 not it is necessary or desirable to issue bonds authorized
g with 6 pursuant to this chapter in order to carry out the actions
project 7 specified in this chapter, including all acts amendatory
ut the 8 thereof and supplementary thereto, and, if so, the amount
9 of bonds to be issued and.sold. Successive issues of bonds
'ective 10 may be authorized and sold to carry out those actions
)licant 1.1 progressively, and.it is not necessary that all of the bonds
ported 12- authorized to be issued be. sold at any one time.,
Df the 13: , 20005. There shall be collected each.year and in the
ng for 14 same manner and at the same time as other state revenue
irarian 15 is collected, in addition to the ordinary revenues of the
to this .16 state,* a sum in an amount required to pay the principal
17 of and interest on .the bonds each year. It.is.the duty of all
ection 18: officers charged by law with any duty in regard to the
:.pter 1 191.- collection of the revenue to do and perform each and
f Title 20. every act that is necessary to collect that additional sum.
6-101:) '® 21 20006.
20006. Notwithstanding Section 13340 of the
ations, 22. ..Go.vernment Code, there is hereby appropriated from
krtiel'e 23 the General Fund in the State Treasury, for the purposes
1, but 24 of this chapter, an amount that will equal the total of the
ection 25 following:
0
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26 (a) The sum annually necessary to pay the principal of
lall be 27 and interest on bonds issued and sold pursuant .to this
ned as 28 chapter, as the principal and interest become due and
I Law 29 payable.
.trt 3 of 30 (b) The sum . that is necessary to carry out the
I all of 31. provisions of.Section 20007, appropriated without regard
to this 32 to fiscal years.
iter as y ., 33 20007. For the purposes of carrying out this chapter,
(� 34 the Director of Finance may authorize the withdrawal
the
nance 35 from the General Fund of an amount or amounts not to
' 36 : exceed-the amount of the unsold bonds that have been
is the 37 authorized to be sold for the purpose of carrying out this
eneral 38 chapter. Any amounts withdrawn shall be deposited in
39 the fund. Any money made available under this section
40 shall be returned to the General Fund,with interest at the
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SB 1531 _ 10 -
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10 -1 rate earned by the money in the Pooled Money
2 Investment Account during the time the money was
3 withdrawn from the General Fund pursuant to this
4 section, from money received from the sale of bonds for
5 the purpose of carrying out this chapter.
6 20008. The board may request the Pooled Money
7 Investment Board to make a loan from the Pooled Money
8 Investment Account, in accordance with Section 16312 of
9 the Government Code, for the purposes of carrying out
10 this chapter. The amount of the request shall not exceed 1
11 the amount of the unsold bonds that the committee has, 1
12 . by resolution, authorized to be sold for the purpose of 1
13 carrying out this chapter. The board shall execute any 1
.14 documents required by the Pooled Money Investment 1
15Board to obtain and repay the loan. Any amounts loaned 1,
16 shall be deposited in the fund to be allocated by the board 1
17 in accordance with this chapter. 1
18 20009. Any bonds issued and sold pursuant to this 1
19 chapter may be refunded by the issuance of refunding 1'
20 bonds in accordance with Article 6 (commencing with E`:?>.?, ® Z.
21 Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2
22 . 2 of,the Government Code. Approval by the electors of 2-
23 the state for the issuance of bonds under this chapter shall 2
24 include the approval of the issuance of any.bonds issued 2
25 to,refund any bonds originally issued or any previously 2:
26 issued refunding bonds. 2k
27 20010. All money deposited in the fund that is derived 2'
28 from premium and accrued . interest on bonds sold 2-
' 29: pursuant to this chapter shall be reserved in the fund and 2'
30 shall be available for transfer to the General Fund as a 3(
31 .credit to expenditures for bond interest. 3
32 20011. I The Legislature hereby finds and declares that, 3,
33 inasmuch as the proceeds from the sale of bonds 3,
34 authorized by this chapter are not "proceeds of taxes" as 3'
35 that term. is used in Article XIII B of the California 3
36 Constitution, the disbursement of these. proceeds is not 3(
37 subject to the.limitations imposed by that article. j 3'
38 20012.. Amounts deposited in the fund pursuant to this 3;
39 chapter may be appropriated in the annual Budget Act i 3'
40 to the State Librarian for the actual amount of office, .4(`
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Loney 11F ti ( � 1 personnel, and other customary and usual expenses
y was 2 incurred in the direct administration of grant projects
this 3 pursuant to this chapter, including, but not limited to,
ds for 4 expenses incurred by the State Librarian in providing
5 technical assistance to an applicant for a grant under this
Loney 6 chapter.
Toney r P ( 7 SEC. 2. Section 1 of this act shall take effect upon the
312 of 8 adoption b the voters of the Public Library Learning and
p Y Y g
.g out 9 Literacy Expansion Act of 1996, as set forth in Section 1
Kceed 10 of this act.
e has, 11 SEC. 3. Section 1 of this act shall be submitted to the
)se of 12 voters at the November 5, 1996, general election in
any 13 accordance with provisions of the Elections Code and the
ment 14 Government Code governing submission of statewide
)aped 15 measures to the voters.
ooard 16 SEC. 4. Notwithstanding any other provision of law,
17 all ballots of the election shall have printed thereon and
this a 18 in a square thereof, the words: "Public Library Learning
lding 19 and Literacy Expansion Act of 1996," and in the same
with 20 square under those words, the following in 8-point type:
Title ` ® 21 "This act provides for a bond issue of two hundred fifty
ors of 22 million dollars ($250,000,000) ' to provide funds for a
• shall 23 library construction and renovation program." Opposite
ssued 24 the square, there shall be left spaces in which the voters
ously ( ' ® 25 may place a cross in the manner required by law to
26 indicate whether they vote for or against the act.
rived 27 Where the.voting in the election is done by means of
sold 28 voting machines used pursuant to law in the manner that
d and y 29 carries out the intent of this section, the use of the voting
I as a 30 machines and the expression of the voters' choice by
31 means thereof are in compliance with this section.
that, 32 SEC. 5. This act is an urgency statute necessary for the
)onds 33 immediate preservation of the public peace, health, or
's" as � , `� � 34 safety within the meaning of Article IV of the
ornia 35 Constitution and shall go into immediate effect. The facts
.s not 36 constituting the necessity are:
37 In order that the Public Library Learning and Literacy
o this 38 Expansion Act of 1996 may be submitted for voter.
:t Act 39 approval at the November 5, 1.996, general election to
iffice, ' 40 provide financing for urgently needed library
99 99
SB 1531 — 12 —
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12 -1 construction and renovation, it is necessary that this act
2 take effect immediately.
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