Article 2Powers and Duties

Section § 19320

Explanation

The State Librarian in California has the authority to manage and improve the State Library's operations. This includes making rules, hiring staff, trading duplicate books, and purchasing necessary equipment. The State Librarian can also set guidelines for non-government use of library books, gather and share library-related data, and establish regional book deposit stations. They preserve and share California's history inclusively and serve as a resource for the blind and print disabled. Additionally, the State Librarian helps with library services, manages reference materials for state agencies, and supports public libraries through studies and federal funding. Contracting with other libraries for public service support is also permitted, along with the digital preservation of books.

The State Librarian may do all of the following:
(a)CA Education Code § 19320(a) Make rules and regulations, not inconsistent with law, for the government of the California State Library.
(b)CA Education Code § 19320(b) Appoint or employ civil service personnel as necessary to carry out the purposes of this chapter.
(c)CA Education Code § 19320(c) Sell or exchange duplicate copies of books.
(d)CA Education Code § 19320(d) Purchase and maintain materials and equipment as necessary to carry out California State Library programs and services consistent with well-established library standards.
(e)CA Education Code § 19320(e) Prescribe rules and regulations permitting persons other than Members of the Legislature and other state officers to have the use of books from the California State Library.
(f)CA Education Code § 19320(f) Collect and preserve statistics and other information pertaining to libraries, which shall be available to other libraries within the state applying for the information.
(g)CA Education Code § 19320(g) Establish, in the State Librarian’s discretion, deposit stations in various parts of the state, under the control of an officer or employee of the California State Library. A book shall not be kept permanently away from the main library, which may be required for official use. Books and other materials that are not required by law to be delivered to or filed with another agency from public libraries and other cultural heritage institutions of the state may be accepted for deposit, under agreements entered into by the State Librarian and the libraries or institutions concerned, whereby materials that should be preserved but are rarely used in the region may be stored and made available for use under the same conditions that apply to materials in the California State Library. Cultural heritage institutions include, but are not limited to, archives, galleries, historical societies, libraries, museums, and tribal nations.
(h)CA Education Code § 19320(h) Collect, preserve, and disseminate information regarding the history of the state, including materials that represent the stories of Californians in an equal, diverse, and inclusive manner.
(i)CA Education Code § 19320(i) Authorize the California State Library to serve as regional library for the blind and print disabled, in cooperation with the Library of Congress.
(j)CA Education Code § 19320(j) Give advisory, consultive, and technical assistance with respect to public libraries to librarians and library authorities, and assist all other authorities, state and local, in assuming their full responsibility for library services.
(k)CA Education Code § 19320(k) Authorize the California State Library to serve as the central reference and research library for the departments of state government and maintain adequate legislative reference and research library services for the Legislature, and to maintain and make accessible, through digital or physical means, the publications created by state government.
(l)CA Education Code § 19320(l) Acquire, organize, and supply books and other library informational and reference materials to supplement the collections of other public libraries of the state with the more technical, scientific, and scholarly works, to the end that through an established interlibrary loan system, the people of the state shall have access to the full range of reference and informational materials.
(m)CA Education Code § 19320(m) Make studies and surveys of public library needs and adopt rules and regulations for the allocation of federal funds to public libraries.
(n)CA Education Code § 19320(n) Contract, at the State Librarian’s discretion, with other public libraries in the state to give public services of the types referred to in subdivisions (g) and (l), when service by contract appears to be a needed supplement to the facilities and services carried on directly by the California State Library.
(o)CA Education Code § 19320(o) Digitally preserve books and other physical materials and provide a digital platform to expand access to the California State Library’s collection.
State Librarian California State Library library rules civil service personnel book exchange library materials public library services library statistics cultural heritage institutions inclusive history regional library for blind interlibrary loan system federal funds allocation digital preservation library contract services
(Amended by Stats. 2021, Ch. 666, Sec. 12. (AB 486) Effective January 1, 2022.)

Section § 19320.5

Explanation

This law allows the State Librarian to hire experts to help public libraries improve and expand their services.

The State Librarian may employ consultants to provide technical assistance to public libraries in the development and enhancement of library services.
State Librarian consultants technical assistance public libraries library services development enhancement improvement programs library staff support library expansion service enhancement consulting for libraries expert assistance library development public library improvement
(Amended by Stats. 2021, Ch. 666, Sec. 13. (AB 486) Effective January 1, 2022.)

Section § 19321

Explanation

The State Librarian has several responsibilities: They must buy necessary books and materials for library programs, label and catalog library books to show ownership, bind any books or papers that need it, and track books that are borrowed from the library.

The State Librarian shall also do all of the following:
(a)CA Education Code § 19321(a) Purchase books, maps, engravings, paintings, furniture, and other materials and equipment necessary to carry out California State Library programs and services.
(b)CA Education Code § 19321(b) Number and stamp all books and maps belonging to the library, or otherwise indicate ownership of them, and keep a catalog thereof.
(c)CA Education Code § 19321(c) Have bound all books and papers that require binding.
(d)CA Education Code § 19321(d) Keep a register of all books taken from the library.
State Librarian duties library materials books and maps ownership stamp library catalog book binding borrower register library services California State Library library programs engraving acquisitions furniture acquisition library equipment book purchasing library collections management
(Amended by Stats. 2021, Ch. 666, Sec. 14. (AB 486) Effective January 1, 2022.)

Section § 19322

Explanation

The State Librarian in California has the authority to make agreements with local governments and federal agencies to provide library services. Additionally, the librarian can set up and manage library service centers.

The State Librarian may do both of the following:
(a)CA Education Code § 19322(a) Contract directly with counties, cities, or districts within this state, agencies of the state, and agencies of the United States government for the purpose of providing library services.
(b)CA Education Code § 19322(b) Establish and operate library service centers.
State Librarian library services contracts with counties agreements with cities agreements with districts state agencies federal agencies library service centers manage library services local government partnerships operate libraries intergovernmental contracts library administration public library operations library infrastructure
(Amended by Stats. 2021, Ch. 666, Sec. 15. (AB 486) Effective January 1, 2022.)

Section § 19323

Explanation

The State Librarian in California can provide audio books and related materials to people who are blind, have a print disability, or cannot read regular printed materials. The materials chosen for audio recordings will follow the library's collection development plan, which can be found online.

The State Librarian shall make available in the state on a loan basis to blind or print disabled persons, or to persons with a disability that prevents them from reading conventional printed materials, audio recordings of books and other related materials. The materials to be made into audio recordings shall be selected by the California State Library on the same basis as the California State Library’s collection development plan, which shall be posted on the California State Library’s internet website.
State Librarian audio recordings blind persons print disabled disability reading conventional printed materials California State Library collection development plan internet website loan basis accessibility audio books
(Amended by Stats. 2021, Ch. 666, Sec. 16. (AB 486) Effective January 1, 2022.)

Section § 19324

Explanation

This law says that the State Librarian can decide to make books or other materials available in Braille for people who can't read regular print. They won't do this for textbooks. The decision depends on whether there are enough staff, resources, and skill at the time of the request. Once made, these Braille materials can be added to the library’s collection for anyone with reading disabilities to use.

The State Librarian may consider for rendering into embossed braille any print books and other materials, excluding textbooks, requested by an eligible patron with print disabilities. Consideration of the patron’s request shall be dependent upon available staffing, resources, and technical proficiency at the time of the request. Books and other materials rendered into embossed braille pursuant to this section may be placed in the California State Library’s circulating collection for use by all patrons with print disabilities.
State Librarian embossed braille print disabilities eligible patron California State Library circulating collection print books resources staffing technical proficiency Braille materials library collection reading disabilities
(Amended by Stats. 2021, Ch. 666, Sec. 17. (AB 486) Effective January 1, 2022.)

Section § 19325

Explanation

This law allows the State Librarian to offer free phone services for people who are blind or have difficulty reading printed text. These individuals, who must be registered with certain libraries for the blind, can use the phone to access library services and special telephonic reading systems.

The State Librarian may provide the following:
(a)CA Education Code § 19325(a) Toll-free and local telephone services for registered patrons of the federally designated regional libraries for the blind and print disabled, in order to enable those persons to have direct patron access to library services.
(b)CA Education Code § 19325(b) Toll-free and local telephone access to telephonic reading systems for individuals with print disabilities who are registered patrons of the federally designated regional libraries for the blind and print disabled.
State Librarian toll-free telephone services local telephone services patron access blind print disabled library services telephonic reading systems print disabilities registered patrons federally designated regional libraries
(Amended by Stats. 2021, Ch. 666, Sec. 18. (AB 486) Effective January 1, 2022.)

Section § 19325.1

Explanation

This law allows the State Librarian to run or fund systems that let people listen to readings of different materials over the phone. The funding comes from a special program for those who are deaf or disabled. It defines what a telephonic reading system is and who can qualify as an entity running these systems. Entities that already qualified for funding in 2001 can continue to receive it. The Librarian can also expand services to meet diverse language needs and use current or new technologies. Finally, the State Librarian can make deals to provide these services and inform people they're available.

(a)CA Education Code § 19325.1(a) The State Librarian may operate a telephonic reading system, fund the operation of telephonic reading systems operated by qualifying entities, or both.
(b)CA Education Code § 19325.1(b) Pursuant to an appropriation in the annual Budget Act and in accordance with Section 270 of the Public Utilities Code, the telephonic reading system is to be funded from the Deaf and Disabled Telecommunications Program Administrative Committee Fund.
(c)CA Education Code § 19325.1(c) As used in this section, the following terms have the following meanings, unless otherwise indicated:
(1)CA Education Code § 19325.1(c)(1) “Telephonic reading system” means a system operated by the State Librarian or a qualifying entity, whereby a caller can hear the reading of material such as newspapers, magazines, newsletters, broadcast media schedules, transit route and schedule information, and other reference or time-sensitive materials, as determined by the operator of the system.
(2)CA Education Code § 19325.1(c)(2) “Qualifying entity” means any agency, instrumentality, or political subdivision of the state or any nonprofit organization whose primary mission is to provide services to people who are blind or visually impaired.
(d)CA Education Code § 19325.1(d) Qualifying entities that were eligible, as of January 1, 2001, to receive funds from the State Librarian relating to the operation of a telephonic reading system may continue to receive funding from the State Librarian.
(e)CA Education Code § 19325.1(e) The State Librarian, in cooperation with qualifying entities, may expand the type and scope of materials available on telephonic reading systems in order to meet the local, regional, or world language needs of print-disabled residents of this state. The State Librarian may also expand the scope of services and availability of telephonic reading services by current methods and technologies or by methods and technologies that may be developed. The State Librarian may inform current and potential patrons of the availability of telephonic reading service through appropriate means, including, but not limited to, direct mailings, direct telephonic contact, and public service announcements.
(f)CA Education Code § 19325.1(f) The State Librarian may enter into contracts or other agreements that he or she determines to be appropriate to provide telephonic reading services pursuant to this section.
State Librarian telephonic reading system Deaf and Disabled Telecommunications Program reading services visually impaired services qualifying entity print-disabled residents funding eligibility language needs current and new technologies public service announcements service expansion contract agreements informing patrons nonprofit organization
(Amended by Stats. 2018, Ch. 865, Sec. 3. (AB 2319) Effective January 1, 2019.)

Section § 19326

Explanation

The State Librarian in California can give out a gold medal each year to honor a person or organization for publishing a work that has added significant value to the California State Library's collection and enriched public knowledge. This award is officially called the 'California State Library Gold Medal for Excellence in the Humanities and Science.' To choose the winner, the State Librarian works with a panel that includes representatives from the Governor, Senate, Assembly, and the Chief Justice of the California Supreme Court. Additionally, the State Librarian can look for private donations to cover the costs associated with this award.

(a)CA Education Code § 19326(a) The State Librarian may annually award a gold medal for excellence in the humanities and science to an individual or organization for publication of a work that has enriched the collection of the California State Library and enriched the state by significantly contributing to the intellectual, cultural, and scientific knowledge of the people of the state.
(b)CA Education Code § 19326(b) The award shall formally be known as the “California State Library Gold Medal for Excellence in the Humanities and Science.”
(c)CA Education Code § 19326(c) To assist in making the selection of a recipient of the California State Library Gold Medal for Excellence in the Humanities and Science, the State Librarian shall consult an advisory panel consisting of one representative from each of the following:
(1)CA Education Code § 19326(c)(1) The Governor.
(2)CA Education Code § 19326(c)(2) The President pro Tempore of the Senate.
(3)CA Education Code § 19326(c)(3) The Speaker of the Assembly.
(4)CA Education Code § 19326(c)(4) The Chief Justice of the California Supreme Court.
(d)CA Education Code § 19326(d) The State Librarian may seek private contributions to defray the cost of awarding the California State Library Gold Medal for Excellence in the Humanities and Science and related expenses.
State Librarian gold medal excellence in humanities science publication recognition California State Library advisory panel Governor President pro Tempore Speaker of the Assembly Chief Justice private contributions award costs enrichment public knowledge
(Amended by Stats. 2021, Ch. 666, Sec. 19. (AB 486) Effective January 1, 2022.)

Section § 19327

Explanation

This law allows the State Librarian to partner with the California State Library Foundation, a private nonprofit organization, to help protect and share rare state materials. The Foundation can be the sole provider of copies of these valuable items and use library facilities for this purpose. The Foundation can also charge the public fees for these services, which should only cover the costs of providing them.

(a)CA Education Code § 19327(a) In order to protect and preserve valuable and irreplaceable treasures of the state, the State Librarian may enter into an operating agreement with a private, nonprofit, tax-exempt organization, currently known as the California State Library Foundation, as follows:
(1)CA Education Code § 19327(a)(1) The California State Library Foundation may be designated by the State Librarian as the only authorized provider of copies and reproductions of rare and valuable State Library materials.
(2)CA Education Code § 19327(a)(2) The California State Library Foundation may be authorized by the State Librarian to provide copies and reproductions of documents and other information found in the collection of the State Library, as requested by members of the public.
(3)CA Education Code § 19327(a)(3) The California State Library Foundation may be authorized by the State Librarian to use State Library facilities and equipment designated by the State Librarian as necessary for the California State Library Foundation to provide services to the State Library efficiently and economically.
(b)CA Education Code § 19327(b) The State Librarian may establish an agreement with the California State Library Foundation to collect fees from the public for providing the services specified in subdivision (a). Fees for copying, reproduction, and other services provided by the California State Library Foundation shall be at a level consistent with the cost of providing these services.
State Librarian California State Library Foundation rare materials operating agreement nonprofit organization tax-exempt authorized provider library reproductions public access library facilities document copies fee collection library services preservation economic use
(Added by Stats. 1996, Ch. 213, Sec. 2. Effective January 1, 1997.)

Section § 19328

Explanation

This law recognizes Bernard E. Witkin's significant impact on California law and renames the state law library in Sacramento in his honor. The library will now be called the Bernard E. Witkin State Law Library of California. Additionally, the State Librarian, working with the Department of General Services, can put up plaques or markers to highlight this change, but only if donations are received to fund these from outside the state budget.

(a)CA Education Code § 19328(a) The Legislature hereby finds and declares that Bernard E. Witkin’s legendary contribution to California law is deserving of a lasting tribute and an expression of gratitude from the state whose legal system, he, more than any other single individual in the 20th century, helped to shape.
(b)CA Education Code § 19328(b) The law library of the California State Library, located in the Library and Courts Building in the City and County of Sacramento, is hereby designated as the Bernard E. Witkin State Law Library of California.
(c)CA Education Code § 19328(c) The State Librarian, in cooperation with the Department of General Services, may install appropriate plaques and markers showing this special designation upon receiving donations from nonstate resources to cover any costs.
Bernard E. Witkin California State Library state law library tribute Library and Courts Building Sacramento State Librarian Department of General Services plaques and markers nonstate donations law library designation legal contribution recognition
(Added by Stats. 1997, Ch. 411, Sec. 1. Effective January 1, 1998.)