EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1115*
HOUSE BILL 1115
F5 3lr1654
CF SB 831
By: Delegates Adams, Anderton, Arentz, Baker, Grossman, Hutchinson, Jacobs,
Otto, Sample–Hughes, Valentine, and Wivell
Introduced and read first time: February 10, 2023
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Libraries – Regional Resource Centers – Governance Requirements 2
FOR the purpose of altering the requirements for governance of libraries designated as 3
regional resource centers; establishing a governing board for each regional resource 4
center; and generally relating to regional resource centers and libraries. 5
BY repealing and reenacting, with amendments, 6
Article – Education 7
Section 23–202 8
Annotated Code of Maryland 9
(2022 Replacement Volume) 10
BY adding to 11
Article – Education 12
Section 23–202.1 13
Annotated Code of Maryland 14
(2022 Replacement Volume) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Education 18
23–202. 19
(a) The boards of library trustees of at least three public library systems outside 20
the standard metropolitan statistical areas defined by the United States Bureau of the 21
Census may request the State Library Board to establish and maintain a regional resource 22
center. 23
2 HOUSE BILL 1115
(b) Each regional resource center shall provide, through mutual cooperation and 1
coordination, books, information, and other material and service resources that an 2
individual library cannot provide adequately by itself. 3
(c) (1) A region to be served by a regional resource center shall have a 4
population of at least 100,000. 5
(2) Subject to approval by the State Library Board, the boards of library 6
trustees of the participating library systems shall designate the library to serve as the 7
resource center. 8
[(3) If possible, the library selected as the regional resource center shall be: 9
(i) The strongest library in the region; and 10
(ii) Located so as to be of greatest service to the entire region.] 11
(d) (1) There is a board of advisors for each regional resource center THAT 12
SHALL ACT AS THE REGIONAL ADVISORY COUNCIL. 13
(2) The [board of advisors] COUNCIL consists of [two individuals selected 14
by the board of trustees of each participating library system to represent its library]: 15
(I) THE DIRECTOR OF THE R EGIONAL RESOURCE CEN TER; AND 16
(II) THE DIRECTOR OF EACH MEMBER LIBRARY SYSTE M. 17
(3) The [board of advisors] COUNCIL for each regional resource center 18
shall: 19
(i) Gather information on the resource needs of its region [and this 20
State]; AND 21
[(ii) Before State funds are distributed to it, make an annual report 22
to the State Library Board that evaluates and makes recommendations on the operation of 23
the center; 24
(iii) Recommend to the board of trustees of the library designated as 25
the regional resource center and to the State Library Board policies and procedures for the 26
development and use of the regional resource center;] 27
[(iv)] (II) Promote the use of the regional resource center[; 28
(v) Recommend the purchase, condemnation, rental, use, sale, or 29
conveyance of property for any purpose valid under this section; and 30
HOUSE BILL 1115 3
(vi) Recommend plans for the regional resource centers, which may 1
include the use of facilities of participating libraries, additions to the facilities of 2
participating libraries, or new facilities separate from the existing facilities of participating 3
libraries]. 4
[(e) (1) The head of each regional resource center is the administrator of the 5
library designated as the center. 6
(2) The administrator shall operate the regional resource center under 7
standards adopted by the State Library Board. 8
(3) The policies and procedures of the regional resource center shall be: 9
(i) Recommended by the board of trustees of the library designated 10
as the center; and 11
(ii) Approved by the board of advisors of the center.] 12
(E) (1) THE DIRECTOR OF THE R EGIONAL RESOURCE CEN TER IS THE 13
EXECUTIVE OFFICER OF THE REGIONAL RESOURC E CENTER. 14
(2) THE DIRECTOR: 15
(I) IS APPOINTED BY THE G OVERNING BOARD ESTAB LISHED IN 16
ACCORDANCE WITH § 23–202.1 OF THIS SUBTITLE; AND 17
(II) SHALL SERVE AT THE PL EASURE OF THE GOVERN ING 18
BOARD. 19
(3) THE DIRECTOR SHALL : 20
(I) BE ELIGIBLE FOR CERTI FICATION AS A PROFES SIONAL 21
LIBRARY DIRECTOR BY TH E STATE SUPERINTENDENT OF SCHOOLS AS SET FORTH 22
IN COMAR 14.38.01.01; 23
(II) HAVE THE POWERS AND D UTIES SET FORTH IN T HIS TITLE; 24
AND 25
(III) APPOINT, PROMOTE, FIX SALARIES, ASSIGN DUTIES , AND 26
TERMINATE PERSONNEL OF THE REGIONAL RESO URCE CENTER. 27
(F) (1) THE DIRECTOR SHALL OP ERATE THE REGIONAL R ESOURCE 28
CENTER IN ACCORDANCE WITH: 29
4 HOUSE BILL 1115
(I) THE STANDARDS ADOPTED BY THE STATE LIBRARY BOARD; 1
AND 2
(II) THE POLICIES ADOPTED BY THE GOVERNING BOA RD. 3
(2) THE DIRECTOR SHALL : 4
(I) PREPARE AND SUBMIT FOR THE A PPROVAL OF THE 5
GOVERNING BOARD THE ANNUAL BUDGET OF THE REGIONAL RESOURCE CE NTER; 6
(II) ADOPT AND SUBMIT FOR THE APPROVAL OF THE 7
GOVERNING BOARD REAS ONABLE RULES AND BYL AWS TO CARRY OUT THI S SECTION; 8
AND 9
(III) RECOMMEND TO THE G OVERNING BOARD THE P URCHASE, 10
CONDEMNATION , RENTAL, USE, SALE, OR CONVEYANCE OF PRO PERTY FOR ANY 11
VALID PURPOSE UNDER THIS SECTION. 12
(G) THE POLICIES AND PROC EDURES OF THE REGION AL RESOURCE CENTER 13
SHALL BE: 14
(1) RECOMMENDED BY THE BO ARD OF TRUSTEES OF T HE LIBRARY 15
DESIGNATED AS THE RE GIONAL RESOURCE CENT ER; AND 16
(2) APPROVED BY THE COUNCIL. 17
[(f)] (H) Each regional resource center shall: 18
(1) Make interlibrary loans of books and materials; 19
(2) Supply collections and exhibits of specialized materials; 20
(3) Provide consultant services; 21
(4) Organize [inservice] IN–SERVICE training for library staffs; and 22
(5) Develop and operate cooperative services among libraries. 23
23–202.1. 24
(A) THERE IS A GOVERNING BOARD FOR EACH REGIO NAL RESOURCE 25
CENTER. 26
HOUSE BILL 1115 5
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 1
GOVERNING BOARD CONS ISTS OF THE FOLLOWIN G MEMBERS: 2
(I) A LIBRARY TRUSTEE FROM EACH PARTICIPATING L IBRARY 3
SYSTEM; AND 4
(II) UP TO TWO MEMBERS OF THE PUBLIC FROM EACH AREA 5
SERVED BY THE PARTICIPATING LIBRAR Y SYSTEMS. 6
(2) (I) THE BOARD OF TRUSTEES OF THE WASHINGTON COUNTY 7
FREE LIBRARY SHALL ACT AS THE GOVERNING BOARD FOR THE WESTERN 8
MARYLAND REGIONAL RESOURCE CENTER. 9
(II) THE BYLAWS ADOPTED BY THE BOARD OF TRUSTEE S OF THE 10
WASHINGTON COUNTY FREE LIBRARY SHALL GOVERN THE COMPOSITION , 11
APPOINTMENT , QUALIFICATIONS , TERMS, AND STRUCTURE OF THE GOVERNING 12
BOARD. 13
(C) A MEMBER APPOINTED TO A GOVERNING BOARD MU ST: 14
(1) BE OF GOOD CHARACTER ; 15
(2) HAVE DEMONSTRATED ABI LITY AND INTEREST IN LIBRARY 16
MATTERS; AND 17
(3) BE A RESIDENT OF ONE OF THE COUNTIES PART ICIPATING IN AND 18
BEING SERVED BY THE REGIONAL RESOURCE CE NTER. 19
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 20
MEMBERS OF THE GOVER NING BOARD SHALL BE APPOINTED BY THE GOVERNING 21
BOARD. 22
(2) THE INITIAL MEMBERS O F A GOVERNING BOARD SHALL BE 23
APPOINTED BY THE REGIONAL ADVISORY COUNCIL OF THE REGION AL RESOURCE 24
CENTER. 25
(E) A MEMBER OF A GOVERNIN G BOARD: 26
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 27
GOVERNING BOAR D; BUT 28
6 HOUSE BILL 1115
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES IN 1
ACCORDANCE WITH THE RULES, POLICIES, AND BYLAWS OF THE RE GIONAL 2
RESOURCE CENTER . 3
(F) (1) EACH MEMBER SERVES FO R A TERM OF 5 YEARS BEGINNING JULY 4
1 IMMEDIATELY FOLLOWIN G THE MEMBER ’S APPOINTMENT A ND UNTIL A 5
SUCCESSOR IS APPOINT ED AND QUALIFIES . 6
(2) A MEMBER MAY NOT SERVE FOR MORE THAN TWO CO NSECUTIVE 7
TERMS. 8
(3) (I) THE GOVERNING BOARD S HALL APPOINT A QUALI FIED 9
INDIVIDUAL TO FILL A NY VACANCY IN THE ME MBER’S POSITION FOR THE 10
REMAINDER OF THAT T ERM UNTIL A SUCCESSO R IS APPOINTED AND Q UALIFIES. 11
(II) A MEMBER APPOINTED TO FILL A VACANCY UNDER 12
SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y SERVE FOR TWO ADDI TIONAL TERMS . 13
(G) (1) A GOVERNING BOARD SHAL L ELECT A CHAIR FROM AMONG ITS 14
MEMBERS EACH YEAR . 15
(2) A GOVERNING BOARD MAY ELECT ANY OTHER OFFI CERS 16
DETERMINED NECESSARY BY THE BOARD. 17
(3) IF A GOVERNING BOARD ELECTS A TREASURER , THE TREASURER 18
SHALL BE APPROPRIATE LY BONDED. 19
(H) (1) A GOVERNING BOARD : 20
(I) SHALL DETERMINE THE T IME AND PLACE OF ITS MEETINGS; 21
AND 22
(II) MAY ADOPT RULES FOR T HE CONDUCT OF ITS ME ETINGS. 23
(2) A GOVERNING BOARD SHAL L MEET AT LEAST ONCE EVERY 3 24
MONTHS. 25
(3) A GOVERNING BOARD IS S UBJECT TO THE OPEN MEETINGS ACT. 26
(4) A MAJORITY OF THE APPO INTED MEMBERS OF THE GOVERNING 27
BOARD IS A QUORUM . 28
HOUSE BILL 1115 7
(I) (1) A MEMBER OF A GOVERNIN G BOARD WHO FAILS TO ATTEND AT 1
LEAST 50% OF THE SCHEDULED MEE TINGS OF THE BOARD D URING ANY 2
CONSECUTIVE 12–MONTH PERIOD SHALL B E CONSIDERED TO HAVE RESIGNED. 3
(2) IF THE MEMBER HAS BEE N UNABLE T O ATTEND MEETINGS FO R 4
REASONS SATISFACTORY TO THE GOVERNING BOA RD, THE GOVERNING BOARD MAY 5
WAIVE THE RESIGNATIO N. 6
(3) THE CHAIR OF A GOVERN ING BOARD SHALL REPO RT THE 7
MEMBER’S NAME AND NONATTEND ANCE TO THE STATE LIBRARY BOARD WITHIN 45 8
DAYS AFTER THE END OF THE 12–MONTH PERIOD . 9
(4) THE GOVERNING BOARD S HALL FILL ANY VACANC Y IN 10
ACCORDANCE WITH SUBS ECTION (F) OF THIS SECTION. 11
(J) (1) IN ADDITION TO THE OT HER POWERS EXPRESSLY GRANTED AND 12
DUTIES IMPOSED BY TH IS SUBTITLE, A GOVERNING BOARD HA S THE POWERS AND 13
DUTIES SET FORTH IN THIS SUBSECTION . 14
(2) A GOVERNING BOARD SHAL L: 15
(I) SELECT AND APPOINT , WITH THE ADVICE OF T HE STATE 16
LIBRARIAN, A PROFESSIONAL LIBRA RIAN TO SERVE AS DIR ECTOR OF THE REGIONA L 17
RESOURCE CENTER ; 18
(II) DETERMINE THE POLICI ES OF THE REGIONAL RESOURC E 19
CENTER; 20
(III) ADOPT REASONABLE RUL ES AND BYLAWS FOR TH E USE OF 21
THE REGIONAL RESOURC E CENTER AND THE CON DUCT OF ITS BUSINESS ; 22
(IV) APPROVE THE REGIONAL RESOURCE CENTER BUDG ET; 23
(V) IN ACCORDANCE WITH TH E REGULATIONS AND LAWS OF 24
THE STATE, RECEIVE, ACCOUNT FOR , CONTROL, AND SUPERVISE THE SP ENDING OF 25
ALL PUBLIC FUNDS REC EIVED BY THE REGIONA L RESOURCE CENTER ; 26
(VI) PUBLISH THE RESULTS O F THE AUDIT CONDUCTE D UNDER 27
PARAGRAPH (4)(II) OF THIS SUBSECTION ; AND 28
(VII) SUBMIT A REPORT TO THE STATE LIBRARIAN ON OR 29
BEFORE NOVEMBER 1 EACH YEAR THAT INCLU DES: 30
8 HOUSE BILL 1115
1. THE AMOUNT OF MONEY R ECEIVED FROM THE 1
LIBRARY FUND AND OTH ER SOURCES; 2
2. ITEMIZED EXPENSES ; 3
3. THE NUMBER OF BOOKS A ND PERIODICALS IN TH E 4
POSSESSION OF AND O WNED BY THE REGIONAL RESOURCE CENTER ; 5
4. THE RESULTS OF THE AN NUAL AUDIT; AND 6
5. ANY OTHER INFORMATIO N REQUIRED BY THE STATE 7
LIBRARY BOARD. 8
(3) A GOVERNING BOARD MAY : 9
(I) APPLY, ACCEPT, AND EXPEND ANY GIFT , APPROPRIATION , 10
OR GRANT FROM THE STATE, COUNTY, OR FEDERAL GOVERNMEN T OR ANY OTHER 11
PERSON ON BEHALF OF THE REGIONAL RESOURC E CENTER; 12
(II) RECOMMEND THE PURCHAS E, CONDEMNATION , RENTAL, 13
ACQUISITION, USE, OR CONVEYANCE OF PRO PERTY FOR ANY VALID PURPOSE UNDER 14
THIS SECTION; 15
(III) RECOMMEND PLANS FOR THE REGIONAL RESOURCE 16
CENTERS, INCLUDING THE USE OF FACILITIES OF PARTIC IPATING LIBRARIES , 17
ADDITIONS TO THE FAC ILITIES OF PARTICIPA TING LIBRARIES, OR NEW FACILITIES 18
SEPARATE FROM THE EX ISTING FACILITIES OF PARTICIPATING LIBRAR IES; 19
(IV) SELECT THE LOCATION O F AND APPROVE PLANS FOR THE 20
ERECTION OF REGIONAL RESOURCE CENTER BUIL DINGS, SUBJECT TO THE 21
APPROVAL OF THE STATE LIBRARY BOARD AND THE GOVERNOR; 22
(V) MAKE AGREEMENTS WITH ANY PERSON FOR ANY L IBRARY 23
SERVICE; AND 24
(VI) PERFORM ANY OTHER ACTIONS NECESS ARY FOR THE 25
PROPER CONTROL AND D EVELOPMENT OF THE RE GIONAL RESOURCE CENT ER. 26
(4) IN ADDITION TO OTHER REPORTS THAT MAY BE REQUIRED BY THE 27
STATE LIBRARY BOARD, THE BOARD SHALL: 28
HOUSE BILL 1115 9
(I) KEEP RECORDS THAT ARE CONSISTENT WITH SOUN D 1
BUSINESS PRACTICES AND ACC OUNTING RECORDS THAT USE GENERALLY 2
ACCEPTED ACCOUNTING PRINCIPLES; 3
(II) CAUSE AN AUDIT BY AN INDEPENDENT CERTIFIE D PUBLIC 4
ACCOUNTANT APPROVED BY THE STATE LIBRARIAN TO BE MADE OF THE ACCOUNTS 5
AND TRANSACTIONS OF THE REGIONAL RESOURC E CENTER AT THE CONC LUSION OF 6
EACH FISCAL YEAR ; AND 7
(III) FOR ANY STATE MONEY, BE SUBJECT TO AN AUD IT BY THE 8
OFFICE OF LEGISLATIVE AUDITS, IN ACCORDANCE WITH §§ 2–1220 THROUGH 9
2–1227 OF THE STATE GOVERNMENT ARTICLE. 10
SECTION 2. AND BE IT FURTHER ENAC TED, That this Act shall take effect July 11
1, 2023. 12