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Article 3. Funding of California Education Code >> Division 1. >> Title 1. >> Part 11. >> Chapter 1.5. >> Article 3.
For the fiscal year 1982-83, the cost of the foundation
program is deemed to be twelve dollars ($12) per capita.
For the 1983-84 fiscal year and each fiscal year thereafter, the
cost of the foundation program shall be increased by a percentage
equal to the average statewide percentage increase in the total
revenue limit for all unified school districts computed pursuant to
Section 42238 from the prior fiscal year.
The State Librarian shall determine and certify, on or
before June 1, 1982, and June 1 of each fiscal year thereafter, the
population served by each public library of the state based upon
census data compiled by the United States Department of Commerce or
estimates prepared by the California Department of Finance, whichever
is more current. For such purposes, no person shall be deemed to be
served by more than one public library.
The total cost of the foundation program for each public
library for the purposes of this chapter shall be the product of the
per capita cost determined pursuant to Section 18020 multiplied by
the population determined pursuant to Section 18021.
On or before August 31, 1982, and October 31 of each fiscal
year thereafter, the fiscal officer of each public library shall
report to the State Librarian the total revenue appropriated for the
foundation program of the public library for that fiscal year and
shall specify the amount of local revenue included in such total
appropriation. For the purposes of this chapter, homeowner and
business inventory exemption reimbursements, timber yield tax funds,
and federal revenue sharing funds shall be deemed to be local
revenues.
(a) A fund is hereby created in the State Treasury to be
known as the Public Library Fund.
(b) The Controller shall transfer on January 1, 1984, from the General Fund to the Public Library Fund the amount necessary to meet the state's obligations under this chapter for the remainder of the 1983-84 fiscal year.
(c) The Controller shall transfer on July 1, 1984, and on July 1 of each year thereafter, from the General Fund to the Public Library Fund the amount necessary to meet the state's obligation under this chapter for that particular fiscal year.
(b) The Controller shall transfer on January 1, 1984, from the General Fund to the Public Library Fund the amount necessary to meet the state's obligations under this chapter for the remainder of the 1983-84 fiscal year.
(c) The Controller shall transfer on July 1, 1984, and on July 1 of each year thereafter, from the General Fund to the Public Library Fund the amount necessary to meet the state's obligation under this chapter for that particular fiscal year.
(a) For the 1982-83 fiscal year and each fiscal year
thereafter, the State Librarian shall determine the amount to which
each public library is entitled for support of the library during the
fiscal year. The amount shall be equal to 10 percent of the cost of
the foundation program as determined pursuant to Section 18022.
(b) If local revenues appropriated for a public library for the 1982-83 fiscal year and each fiscal year thereafter, including tax revenues made available under Chapter 282 of the Statutes of 1979, total less than 90 percent of the cost of the foundation program as determined pursuant to Section 18022, the state allocation for that fiscal year shall be reduced proportionately. A proportional reduction in the state allocation as described in this subdivision shall not be made, however, commencing with the 1997-98 fiscal year and each fiscal year thereafter, if the amount appropriated to the Public Library Fund for that fiscal year is equal to or greater than the amount necessary to fund each public library in the amount it received for the prior fiscal year, thus providing the state's share of the cost of the foundation program to each library based only on its population served, as certified by the State Librarian. After the first fiscal year in which the proportional reduction is not made, no further reductions based on this subdivision shall be made in any future fiscal year. It is the intent of this subdivision to make this change without harm to any library currently receiving an unreduced share of the state's cost of the foundation program.
(c) If local revenues appropriated for a public library for the 1982-83 fiscal year and each fiscal year thereafter, including tax revenues made available under the provisions of Chapter 282 of the Statutes of 1979, total more than 90 percent of the cost of the foundation program as determined pursuant to Section 18022, the state allocation for that fiscal year shall remain at 10 percent of the cost of the foundation program as determined pursuant to Section 18022.
(d) In order for a public library to receive state funds under this chapter in the 1983-84 fiscal year and any fiscal year thereafter, the total amount of local revenues appropriated for the public library for that fiscal year, including tax revenues made available under Chapter 282 of the Statutes of 1979 and other revenues deemed to be local revenues according to Section 18023, shall be equal to at least the total amount of local revenues, as defined, appropriated for the public library in the previous fiscal year. State funds provided under this chapter shall supplement, but not supplant, local revenues appropriated for the public library.
(e) (1) Notwithstanding subdivision (d), or any other provision of law, in the 1993-94 fiscal year, any city, county, district, or city and county, that reduces local revenues appropriated for the public library for the 1993-94 fiscal year shall continue to receive state funds appropriated under this chapter for the 1993-94 fiscal year only, provided that the amount of the reduction to the appropriation to that public library for the 1993-94 fiscal year is no more than 20 percent of the 1992-93 fiscal year appropriation made to that public library as certified by the fiscal officer of the public library and transmitted to the State Librarian pursuant to Section 18023.
(2) Commencing with the 1993-94 fiscal year, and each fiscal year thereafter, any city, county, district, or city and county may request from the State Librarian a waiver of the requirements of subdivision (d) or of paragraph (1) by demonstrating that the percentage of the reduction in local revenues appropriated for the public library is no greater than the percentage of the reduction of local revenues received by the city, county, district, or city and county operating the public library as a result of changes made to Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code by statutes enacted during or after the 1991-92 Regular Session having the effect of shifting property tax revenues from cities, counties, special districts, and redevelopment agencies to school districts and community colleges. Requests for the waiver and the substantiating documentation shall be submitted to the State Librarian along with the annual report of appropriation required by Section 18023 or any other report of appropriations applying to public libraries required by any other provision of law.
(3) Commencing with the 1997-98 fiscal year, and each fiscal year thereafter, any city, county, district, or city and county may request from the State Librarian a waiver of the requirements of subdivision (d) by demonstrating that the percentage of reduction in local revenues appropriated for the public library is no greater than the percentage of reduction of local revenues received by the city, county, district, or city and county operating the public library as a result of the addition of Article XIII D, otherwise known as the Right to Vote on Taxes Act, to the California Constitution as approved by the voters at the November 5, 1996, general election. Requests for the waiver and the substantiating documentation shall be submitted to the State Librarian along with the annual report of appropriation required by Section 18023 or any other report of appropriations applying to public libraries required by any other provision of law.
(4) Commencing with the 2000-01 fiscal year, and each fiscal year thereafter, any city, county, district, or city and county may request from the State Librarian a waiver of the requirements of subdivision (d) or of paragraph (1) by demonstrating that the reduction in local revenues appropriated for the public library is no greater than the reduction in local revenues received by the city, county, district, or city and county operating the public library as a result of the automatic termination of a locally approved special tax or benefit assessment for that public library. Requests for the waiver and substantiating documentation shall be submitted to the State Librarian along with the annual report of appropriation required by Section 18023 or any other report of appropriations applying to public libraries required by any other provision of law.
(f) If the state allocations computed pursuant to this section exceed the total amount of funds appropriated for purposes of this section in any fiscal year, the State Librarian shall adjust on a pro rata basis public library allocations prescribed by this section so that the total amount in each fiscal year does not exceed this amount.
(b) If local revenues appropriated for a public library for the 1982-83 fiscal year and each fiscal year thereafter, including tax revenues made available under Chapter 282 of the Statutes of 1979, total less than 90 percent of the cost of the foundation program as determined pursuant to Section 18022, the state allocation for that fiscal year shall be reduced proportionately. A proportional reduction in the state allocation as described in this subdivision shall not be made, however, commencing with the 1997-98 fiscal year and each fiscal year thereafter, if the amount appropriated to the Public Library Fund for that fiscal year is equal to or greater than the amount necessary to fund each public library in the amount it received for the prior fiscal year, thus providing the state's share of the cost of the foundation program to each library based only on its population served, as certified by the State Librarian. After the first fiscal year in which the proportional reduction is not made, no further reductions based on this subdivision shall be made in any future fiscal year. It is the intent of this subdivision to make this change without harm to any library currently receiving an unreduced share of the state's cost of the foundation program.
(c) If local revenues appropriated for a public library for the 1982-83 fiscal year and each fiscal year thereafter, including tax revenues made available under the provisions of Chapter 282 of the Statutes of 1979, total more than 90 percent of the cost of the foundation program as determined pursuant to Section 18022, the state allocation for that fiscal year shall remain at 10 percent of the cost of the foundation program as determined pursuant to Section 18022.
(d) In order for a public library to receive state funds under this chapter in the 1983-84 fiscal year and any fiscal year thereafter, the total amount of local revenues appropriated for the public library for that fiscal year, including tax revenues made available under Chapter 282 of the Statutes of 1979 and other revenues deemed to be local revenues according to Section 18023, shall be equal to at least the total amount of local revenues, as defined, appropriated for the public library in the previous fiscal year. State funds provided under this chapter shall supplement, but not supplant, local revenues appropriated for the public library.
(e) (1) Notwithstanding subdivision (d), or any other provision of law, in the 1993-94 fiscal year, any city, county, district, or city and county, that reduces local revenues appropriated for the public library for the 1993-94 fiscal year shall continue to receive state funds appropriated under this chapter for the 1993-94 fiscal year only, provided that the amount of the reduction to the appropriation to that public library for the 1993-94 fiscal year is no more than 20 percent of the 1992-93 fiscal year appropriation made to that public library as certified by the fiscal officer of the public library and transmitted to the State Librarian pursuant to Section 18023.
(2) Commencing with the 1993-94 fiscal year, and each fiscal year thereafter, any city, county, district, or city and county may request from the State Librarian a waiver of the requirements of subdivision (d) or of paragraph (1) by demonstrating that the percentage of the reduction in local revenues appropriated for the public library is no greater than the percentage of the reduction of local revenues received by the city, county, district, or city and county operating the public library as a result of changes made to Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code by statutes enacted during or after the 1991-92 Regular Session having the effect of shifting property tax revenues from cities, counties, special districts, and redevelopment agencies to school districts and community colleges. Requests for the waiver and the substantiating documentation shall be submitted to the State Librarian along with the annual report of appropriation required by Section 18023 or any other report of appropriations applying to public libraries required by any other provision of law.
(3) Commencing with the 1997-98 fiscal year, and each fiscal year thereafter, any city, county, district, or city and county may request from the State Librarian a waiver of the requirements of subdivision (d) by demonstrating that the percentage of reduction in local revenues appropriated for the public library is no greater than the percentage of reduction of local revenues received by the city, county, district, or city and county operating the public library as a result of the addition of Article XIII D, otherwise known as the Right to Vote on Taxes Act, to the California Constitution as approved by the voters at the November 5, 1996, general election. Requests for the waiver and the substantiating documentation shall be submitted to the State Librarian along with the annual report of appropriation required by Section 18023 or any other report of appropriations applying to public libraries required by any other provision of law.
(4) Commencing with the 2000-01 fiscal year, and each fiscal year thereafter, any city, county, district, or city and county may request from the State Librarian a waiver of the requirements of subdivision (d) or of paragraph (1) by demonstrating that the reduction in local revenues appropriated for the public library is no greater than the reduction in local revenues received by the city, county, district, or city and county operating the public library as a result of the automatic termination of a locally approved special tax or benefit assessment for that public library. Requests for the waiver and substantiating documentation shall be submitted to the State Librarian along with the annual report of appropriation required by Section 18023 or any other report of appropriations applying to public libraries required by any other provision of law.
(f) If the state allocations computed pursuant to this section exceed the total amount of funds appropriated for purposes of this section in any fiscal year, the State Librarian shall adjust on a pro rata basis public library allocations prescribed by this section so that the total amount in each fiscal year does not exceed this amount.
Commencing with the 1984-85 fiscal year, the State Librarian
shall certify to the Controller on or before November 15, 1984, and
on or before each November 15 thereafter, the amounts determined in
Section 18025. The Controller shall distribute to the fiscal officer
of each public library 100 percent of the amount certified by the
State Librarian on or before January 15 of the 1984-85 fiscal year,
and on or before each January 15 thereafter.
