Attorney General's Informal Legal Opinions
During the development of the Library Bond Act Regulations, the Attorney General's office provided the State Library with several informal legal opinions that pertain to the Library Bond Act:
- Regulations Regarding Use of Applicant Facilities(PDF)
The State Librarian has posed the following question. "Is there a firm basis in the Library Bond Act (see Education Code sections 19998 (a) (7) and 19999 (a)) to require in regulations that grant applicants commit to the operation of the library constructed and/or remodeled with Library Bond Act funds?"
Yes, the Board has the authority to enact regulations requiring grant applicants to make a commitment that the facility be used as a public library consistent with the Library Bond Act.
- Leases and the California Public Library Construction and Renovation Bond Act (PDF)
The State Librarian has posed the following question. Does the applicant have to own the land in fee simple for a project to be funded with Library Bond Act funds or may an applicant lease the land for such a project?
The applicant need not own the land in fee simple for a project to be funded with Library Bond Act funds, but the applicant needs to have the equivalent of fee ownership in the land. In addition, significant restrictions would be required on any lease entered into to by an applicant in order to qualify for such funds.
- Eligible Costs Under the Library Bond Act of 2000(PDF)
Can grant funds or local matching funds be used to pay for the lease of land under the Library Bond Act?
No, neither bond proceeds nor local matching funds may be used to make lease payments pursuant to the Bond Act.
- School Districts as Applicant Under the Library Bond Act(PDF)
The State Librarian has posed the following questions. "May school districts, defined by Education Code Sections 80-97, "own and maintain a public library facility," and if so what steps, if any, do they need to take to do so? In essence may they be applicants for Library Bond Act funds?"
No, school districts may not own and operate a public library unless they have formed a "school district library district." Therefore, in general, school districts are not proper applicants under the Library Act.
- Joint Powers Authority as Applicant Under the Library Bond Act (PDF)
The State Librarian has posed the following questions. "Can a JPA be an applicant for Library Bond Act funds? If yes, do all parties in a JPA application have to be either a "city, county, city and county, or district that is authorized at the time of the project application to own and maintain a public library facility?""
No, a JPA is not a proper applicant under the Library Act. Since a JPA is not a proper applicant, there is no need to answer the second question regarding JPA membership.
Jennifer Rockwell, Deputy Attorney General, provided all informal opinions.