SECTIONS 6340-6350 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6340-6350

6340. Each board of law library trustees shall establish and
maintain a law library at the county seat of the county in which it
is appointed and may lease suitable quarters therefor or construct
quarters pursuant to the provisions of this chapter, and may provide
leased or constructed quarters with suitable furniture and utility
services.

6341. Any board of law library trustees may establish and maintain
a branch of the law library in any city in the county, other than the
county seat, in which a session of the superior court is held. In
any city constituting the county seat, any board of law library
trustees may establish and maintain a branch of the law library at
any location therein where four or more judges of the superior court
are designated to hold sessions more than 10 miles distant from the
principal office of the court. In any city and county any board of
law library trustees may establish and maintain branches of the law
library. A branch is in all respects a part of the law library and is
governed accordingly.

6342. A board of law library trustees may order the drawing and
payment, upon properly authenticated vouchers, of money from out of
the law library fund, for any liability or expenditure herein
authorized, and generally do all that may be necessary to carry into
effect the provisions of this chapter.

6343. A board may make and enforce all rules, regulations, and
by-laws necessary for the administration, government, and protection
of the law library, and of all property belonging thereto, or that
may be loaned, devised, bequeathed, or donated to it. A board may
make expenditures for the suitable maintenance, repair, protection
and insurance against loss of such property, both real and personal.

6344. A board may purchase books, journals, other publications, and
other personal property. It may dispose of obsolete or duplicate
books, and other unneeded or unusable property.

6345. A board may appoint a law librarian and define the powers and
prescribe the duties of any law library employees, determine the
number, and elect all necessary subordinate law librarians and law
library employees, and at its pleasure remove any law librarian or
law library employees.
For the purpose of facilitating the recruitment of professional
and technically trained persons to fill positions for which there is
a shortage of qualified applicants, a board may authorize payment of
all or a part of the reasonable travel expense of applicants who are
called for interview and all or part of the reasonable travel and
moving expense of persons who change their place of residence to
accept employment with the law library.

6346. A board shall fix the salaries of the law librarian and law
library employees, and may require a bond of any law librarian or law
library employee, in such sum as it may fix. The premium on a bond
given by an authorized surety company may be paid from the law
library fund.

6346.5. A board of law library trustees may contract with the
California Public Employees' Retirement System, to make all or any of
the employees of the law library members of the system.

6346.6. As an alternative to Section 6346.5, a board of law library
trustees may, with the consent of the board of administration of the
applicable retirement system, elect to make all or any of the
officers or employees of the law library members of the retirement
system which covers the officers and employees of the county in which
the law library is established and to have the law library officers
and employees deemed to be county employees for purposes of that
retirement system. In the event of such an election, the employer
contributions on behalf of the covered law library officers and
employees shall be made from law library funds.

6347. A board may contract with any other law library board, law
library association, superior court, or legal-related entity,
including a self-help group or other organization that provides a
similar service, to provide public law library services as may best
carry into effect the purposes of this chapter.

6348. A board may expend surplus funds under its control, not
necessary for use to maintain the law library, to acquire or lease
real property and erect thereon a library building to house the law
library. In the alternative, a board of law library trustees may
appropriate from the surplus funds so much as in the discretion of
the board may be necessary to obtain adequate quarters for the law
library in any building hereafter erected by the board of supervisors
of the county in which the law library is maintained. The moneys so
appropriated shall not be more than the proportion of the total cost
of the building which the space allotted to the law library bears to
the total usable space in the building. The moneys so appropriated
may be transferred to the board of supervisors of the county for use
in erecting the building, or may be paid directly on contracts for
the erection thereof made by the board of supervisors.

6348.1. An appropriation to obtain quarters for the law library in
a building to be erected by the board of supervisors of the county,
may be made subject to such terms and conditions, including approval
of plans and specifications, and regarding maintenance and use of the
quarters, as may be mutually agreed upon by the board of law library
trustees and the board of supervisors.
Where a board of law library trustees determines to erect a
library building to house the law library, the State of California or
the county or the city in which the building is to be located, may
set apart and dedicate or lease land owned by any of them for the
permanent use of the building and access thereto.

6348.2. When a board of law library trustees in any county
determines to erect a library building to house the law library, it
may borrow money for that purpose and repay the loan from its future
income. The board may borrow the money from any person, or private or
public agency, or corporation, in an amount not exceeding half of
the funds of the board allocated to the construction of the building,
upon such terms as may be agreed upon by the board and the lender
and approved by resolution of the board of supervisors of the county.

6348.3. A library building erected to house the law library may
include courtrooms with offices in connection therewith, offices for
use of a county bar association, and an office for a notary public
and public stenographer, which courtrooms and offices the board of
law library trustees may lease, the income to be deposited in the law
library fund.

6348.4. Real property acquired by a board may be sold with the
proceeds to be deposited in the law library fund.

6348.5. A board of law library trustees may invest surplus funds in
excess of one hundred thousand dollars ($100,000) or of the average
annual expenditures of the library for the four fiscal years
immediately preceding the investment, whichever is lesser, in the
Local Agency Investment Fund pursuant to Article 11 (commencing with
Section 16429.1) of Chapter 2 of Part 2 of Division 4 of Title 2 of
the Government Code or bonds of the government of the United States
or of this state. Bonds so purchased may be sold at any time in the
discretion of the board. In computing average annual expenditures for
the purposes of this section, capital expenditures for the purchase
of real property and construction of a library building shall not be
included.

6348.6. A board of law library trustees may contract with the board
of supervisors of the county upon such terms as may be mutually
agreeable for the construction by the board of supervisors of a law
library building or any part thereof or for quarters in a building to
be erected by the board of supervisors. The agreement may be made
subject to such terms and conditions including approval of plans and
specifications, regarding the furnishing and equipping of the
building or quarters, and regarding maintenance and use of the
quarters, as may be mutually agreed upon by the board of law library
trustees and the board of supervisors. The contract may provide that
the board of law library trustees shall make payments to the board of
supervisors out of future income in payment for constructing or
furnishing or equipping the law library building or part thereof or
those quarters in a building. Any contract executed by a board of law
library trustees and a board of supervisors, which, if executed
subsequent to the effective date of this section would be valid, is
hereby ratified and validated.

6348.7. A board of law library trustees may enter into an agreement
with a county for the joint exercise of powers pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code for the purpose of constructing a building or
buildings to house the law library and court or county facilities,
without limitation as to the number of courtrooms such building or
buildings may contain, and may lease from any authority created
pursuant to such agreement the space required for law library
purposes.

6349. Each board of law library trustees, on or before the 15th day
of October of each year, shall make an annual report to the board of
supervisors of the county in which the law library is maintained,
for the preceding fiscal year ending on the 30th day of June. A copy
of the report shall be filed with the auditor of the county.
The report shall give the condition of their trust, with full
statements of all their property and money received, whence derived,
how used and expended, the number of books, periodicals and other
publications on hand, the number added by purchase, gift, or
otherwise during the year, the number lost or missing, and other
information as might be of interest.

6350. A financial report, showing all receipts and disbursements of
money, shall be made by the secretary, duly verified by oath, at the
same time that the report of the board is made.