California 2011-2012 Regular Session Status: Enacted

AB 438 — County free libraries: withdrawal: use of private contractors.

Last action — Chaptered by Secretary of State - Chapter 611, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2011. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that the county boards of supervisors may establish and maintain, within their respective counties, county free libraries pursuant to specified provisions of law. Existing law provides that the board of trustees, common council, or other legislative body of any city or the board of trustees of any library district may, on or before January 1 of any year, notify the county board of supervisors that the city or library district no longer desires to be a part of the county free library system, as specified. This bill would impose specified requirements if the board of trustees, common council, or other legislative body of a city or the board of trustees of a library district intends to withdraw from the county free library system and operate the city's or library district's library or libraries with a private contractor that will employ library staff to achieve cost savings, unless the library or libraries are funded only by the proceeds of a special tax imposed by the city or library district. These requirements, until January 1, 2019, would include, but not be limited to, publishing notice of the contemplated action in a specified manner, clearly demonstrating that the contract will result in actual overall cost savings to the city or library district for the duration of the entire contract, as specified, prohibiting the contract from causing existing city or library district employees to incur a loss of employment or specified benefits or an involuntary transfer, and imposing specified requirements on contracts for library services in excess of $100,000 annually. The bill would also provide that its provisions do not preclude a city, library district, or local government from adopting more restrictive rules regarding the contracting of public services, and would prohibit its provisions from applying to contracts between a city or library district and a nonprofit organization if specified requirements are met.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 611, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 45. Noes 28. Page 3147.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 15. Page 2395.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. Read third time and amended. Ordered to second reading.

  11. Read second time. Ordered to third reading.

  12. Read third time and amended. Ordered to second reading.

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Do pass as amended. (Ayes 6. Noes 3.) (July 6).

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

  16. Referred to Com. on GOV. & F.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 28. Page 1864.)

  19. Assembly Rule 63 suspended. (Ayes 47. Noes 25. Page 1862.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 6. Noes 3.) (June 2).

  22. Joint Rule 62(a), file notice suspended. (Page 1785.)

  23. Re-referred to Com. on L. GOV. pursuant to Assembly Rule 77.2.

  24. Read third time and amended. Ordered to third reading. (Ayes 49. Noes 26. Page 1692.)

  25. Read second time. Ordered to third reading.

  26. Read second time and amended. Ordered to second reading.

  27. From committee: Do pass as amended. (Ayes 11. Noes 5.) (May 27).

  28. In committee: Set, first hearing. Referred to APPR. suspense file.

  29. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 13). Re-referred to Com. on APPR.

  30. Re-referred to Com. on L. GOV.

  31. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  32. In committee: Set, first hearing. Hearing canceled at the request of author.

  33. Re-referred to Com. on L. GOV.

  34. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  35. Re-referred to Com. on L. GOV.

  36. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  37. Referred to Com. on L. GOV.

  38. From printer. May be heard in committee March 17.

  39. Read first time. To print.

Sponsors

  • Fuentes · Cosponsor
  • Hancock · Cosponsor
  • Williams · Primary
  • Wolk · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 6 voted No

Sponsors (1)

  • Williams

Co-sponsors (3)

  • Fuentes
  • Hancock
  • Wolk

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 438 WILLIAMS Concurrence in Senate Amendments

Passed 45 Yea · 28 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 442607
Republican 0200
Democratic 1000
Total 452807
% of votes cast 56%35%0%9%
How each member voted (80)
Member Party Vote
Halderman — Nay
Carter — Yea
Alejo — Yea
Yamada — Yea
Fong — Yea
Feuer — Yea
Allen — Yea
Fuentes — Yea
Galgiani — Yea
Butler — Yea
Portantino — Yea
John A. Pérez — Yea
Garrick — Nay
Campos — Yea
Hagman — Nay
Bonilla — Yea
Atkins — Yea
Hall — Yea
Harkey — Nay
Cedillo — Yea
Hayashi — Not Voting
Fletcher — Nay
Huber — Nay
Hueso — Yea
Jeffries — Nay
Beall — Yea
Block — Yea
Chesbro — Not Voting
Conway — Nay
Cook — Nay
Donnelly — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Not Voting
Morrell — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Mitchell — Not Voting
Gordon — Not Voting
Gorell — Not Voting
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Hill — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Nestande — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB438 Williams By Hancock

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 221401
Democratic 2000
Republican 0100
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cannella — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Nay
Rubio — Yea
Corbett — Yea
Correa — Yea
Runner — Nay
Blakeslee — Nay
Dutton — Nay
Hancock — Yea
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Price — Yea
Walters — Nay
Wolk — Yea
Alquist — Yea
Anderson — Nay
Harman — Nay
Huff — Nay
Lieu — Yea
Pavley — Yea
Simitian — Not Voting
Steinberg — Yea
Vargas — Yea
Wright — Yea
Emmerson — Nay
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Hancock — Yea
Fuller — Nay
Huff — Nay
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Wolk — Yea
DeSaulnier — Yea
La Malfa — Nay

Official roll call →

AB 438 WILLIAMS Assembly Third Reading

Passed 43 Yea · 28 Nay · 9 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 422609
Democratic 1000
Total 432809
% of votes cast 54%35%0%11%
How each member voted (80)
Member Party Vote
Eng — Yea
Butler — Yea
Feuer — Yea
Furutani — Yea
Cedillo — Yea
Galgiani — Yea
Fong — Yea
Allen — Yea
Portantino — Yea
John A. Pérez — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Bonilla — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Davis — Yea
Huffman — Yea
Mendoza — Yea
Perea — Yea
Skinner — Yea
Williams — Yea
Atkins — Yea
Buchanan — Not Voting
Fletcher — Nay
Gordon — Nay
Gorell — Not Voting
Hagman — Nay
Halderman — Nay
Mitchell — Not Voting
Harkey — Nay
Jeffries — Nay
Campos — Yea
Carter — Not Voting
Chesbro — Not Voting
Cook — Nay
Donnelly — Nay
Lara — Yea
Miller — Nay
Monning — Not Voting
Morrell — Nay
Nestande — Not Voting
Nielsen — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Huber — Nay
Hueso — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Norby — Nay
Pan — Yea
Smyth — Nay
Swanson — Yea
Torres — Not Voting
Wagner — Nay
Conway — Nay
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Garrick — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Gordon — Yea
Hueso — Yea
Knight — Nay
Campos — Yea
Norby — Nay
Smyth — Nay
Alejo — Yea
Bradford — Yea
Davis — Yea

Official roll call →

AB 438 WILLIAMS Assembly Third Reading Amend By WILLIAMS Set #1

Passed 49 Yea · 26 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 482405
Democratic 1000
Republican 0200
Total 492605
% of votes cast 61%33%0%6%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Eng — Yea
Feuer — Yea
Butler — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Fong — Yea
Allen — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Huffman — Yea
Cedillo — Yea
Bonilla — Yea
Ma — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Davis — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Atkins — Yea
Garrick — Nay
Fletcher — Nay
Gorell — Not Voting
Campos — Yea
Halderman — Nay
Harkey — Nay
Conway — Nay
Cook — Nay
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Torres — Not Voting
Valadao — Nay
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Not Voting
Lara — Yea
Logue — Nay
Mansoor — Nay
Nielsen — Nay
Perea — Yea
Smyth — Nay
Solorio — Yea
Dickinson — Yea
Fuentes — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 0001
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Campos — Yea
Hall — Yea
Hill — Yea
Mitchell — Yea
Lara — Yea
Donnelly — Nay
Norby — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Nielsen — Nay
Solorio — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

public-safety labor education
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Frequently asked questions

What does AB 438 do?
Existing law provides that the county boards of supervisors may establish and maintain, within their respective counties, county free libraries pursuant to specified provisions of law. Existing law provides that the board of trustees, common council, or other legislative body of any city or the board of trustees of any library district may, on or before January 1 of any year, notify the county board of supervisors that the city or library district no longer desires to be a part of the county free library system, as specified. This bill would impose specified requirements if the board of trustees, common council, or other legislative body of a city or the board of trustees of a library district intends to withdraw from the county free library system and operate the city's or library district's library or libraries with a private contractor that will employ library staff to achieve cost savings, unless the library or libraries are funded only by the proceeds of a special tax imposed by the city or library district. These requirements, until January 1, 2019, would include, but not be limited to, publishing notice of the contemplated action in a specified manner, clearly demonstrating that the contract will result in actual overall cost savings to the city or library district for the duration of the entire contract, as specified, prohibiting the contract from causing existing city or library district employees to incur a loss of employment or specified benefits or an involuntary transfer, and imposing specified requirements on contracts for library services in excess of $100,000 annually. The bill would also provide that its provisions do not preclude a city, library district, or local government from adopting more restrictive rules regarding the contracting of public services, and would prohibit its provisions from applying to contracts between a city or library district and a nonprofit organization if specified requirements are met.
Who sponsors AB 438?
AB 438 is sponsored by Fuentes, Hancock, Williams, and Wolk.
What is the current status of AB 438?
This bill has been enacted into law. Introduced February 14, 2011. Enacted.
Where can I track AB 438?
Track AB 438 free on One Click Politics — get push/email alerts when it moves.

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