EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 24, 2023
CHAPTER ______
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 2 HOUSE BILL 1115
(a) The boards of library trustees of at least three public library systems outside 1
the standard metropolitan statistical areas defined by the United States Bureau of the 2
Census may request the State Library Board to establish and maintain a regional resource 3
center. 4
(b) Each regional resource center shall provide, through mutual cooperation and 5
coordination, books, information, and other material and service resources that an 6
individual library cannot provide adequately by itself. 7
(c) (1) A region to be served by a regional resource center shall have a 8
population of at least 100,000. 9
(2) Subject to approval by the State Library Board, the boards of library 10
trustees of the participating library systems shall designate the library to serve as the 11
resource center. 12
[(3) If possible, the library selected as the regional resource center shall be: 13
(i) The strongest library in the region; and 14
(ii) Located so as to be of greatest service to the entire region.] 15
(d) (1) There is a board of advisors for each regional resource center THAT 16
SHALL ACT AS THE REGIONAL ADVISORY COUNCIL. 17
(2) The [board of advisors] COUNCIL consists of [two individuals selected 18
by the board of trustees of each participating library system to represent its library]: 19
(I) THE DIRECTOR OF THE R EGIONAL RESOURCE CEN TER; AND 20
(II) THE DIRECTOR OF EACH MEMBER LIBRARY SYSTEM. 21
(3) The [board of advisors] COUNCIL for each regional resource center 22
shall: 23
(i) Gather information on the resource needs of its region [and this 24
State]; AND 25
[(ii) Before State funds are distributed to it, make an annual report 26
to the State Library Board that evaluates and makes recommendations on the operation of 27
the center; 28
(iii) Recommend to the board of trustees of the library designated as 29
the regional resource center and to the State Library Board policies and procedures for the 30
development and use of the regional resource center;] 31 HOUSE BILL 1115 3
[(iv)] (II) Promote the use of the regional resource center[; 1
(v) Recommend the purchase, condemnation, rental, use, sale, or 2
conveyance of property for any purpose valid under this section; and 3
(vi) Recommend plans for the regional resource centers, which may 4
include the use of facilities of participating libraries, additions to the facilities of 5
participating libraries, or new facilities separate from the existing facilities of participating 6
libraries]. 7
[(e) (1) The head of each regional resource center is the administrator of the 8
library designated as the center. 9
(2) The administrator shall operate the regional resource center under 10
standards adopted by the State Library Board. 11
(3) The policies and procedures of the regional resource center shall be: 12
(i) Recommended by the board of trustees of the library designated 13
as the center; and 14
(ii) Approved by the board of advisors of the center.] 15
(E) (1) THE DIRECTOR OF THE REGIONAL RESOURCE CE NTER IS THE 16
EXECUTIVE OFFICER OF THE REGIONAL RESOURC E CENTER. 17
(2) THE DIRECTOR: 18
(I) IS APPOINTED BY THE G OVERNING BOARD ESTAB LISHED IN 19
ACCORDANCE WITH § 23–202.1 OF THIS SUBTITLE; AND 20
(II) SHALL SERVE AT THE PL EASURE OF THE GOVERNING 21
BOARD. 22
(3) THE DIRECTOR SHALL : 23
(I) BE ELIGIBLE FOR CERTI FICATION AS A PROFES SIONAL 24
LIBRARY DIRECTOR BY THE STATE SUPERINTENDENT OF SCHOOLS AS SET FORTH 25
IN COMAR 14.38.01.01; 26
(II) HAVE THE POWERS AND D UTIES SET FORTH IN T HIS TITLE; 27
AND 28
4 HOUSE BILL 1115
(III) APPOINT, PROMOTE, FIX SALARIES, ASSIGN DUTIES , AND 1
TERMINATE PERSONNEL OF THE REGIONAL RESO URCE CENTER . 2
(F) (1) THE DIRECTOR SHALL OP ERATE THE REGIONAL R ESOURCE 3
CENTER IN ACCORDANCE WITH: 4
(I) THE STANDARDS ADOPTED BY THE STATE LIBRARY BOARD; 5
AND 6
(II) THE POLICIES ADOPTED BY THE GOVERNING BOA RD. 7
(2) THE DIRECTOR SHALL : 8
(I) PREPARE AND SUBMIT FO R THE APPROVAL OF TH E 9
GOVERNING BOARD THE ANNUAL BUDGET OF THE REGIONAL RESOURCE CE NTER; 10
(II) ADOPT AND SUBMIT FOR THE APPROVAL OF THE 11
GOVERNING BOARD REAS ONABLE RULES AND BYL AWS TO CARRY OUT THI S SECTION; 12
AND 13
(III) RECOMMEND TO THE GOVE RNING BOARD THE PURC HASE, 14
CONDEMNATION , RENTAL, USE, SALE, OR CONVEYANCE OF PRO PERTY FOR ANY 15
VALID PURPOSE UNDER THIS SECTION. 16
(G) THE POLICIES AND PROCEDURES OF TH E REGIONAL RESOURCE CENTER 17
SHALL BE: 18
(1) RECOMMENDED BY THE BO ARD OF TRUSTEES OF T HE LIBRARY 19
DESIGNATED AS THE RE GIONAL RESOURCE CENT ER; AND 20
(2) APPROVED BY THE COUNCIL. 21
[(f)] (H) Each regional resource center shall: 22
(1) Make interlibrary loans of books and materials; 23
(2) Supply collections and exhibits of specialized materials; 24
(3) Provide consultant services; 25
(4) Organize [inservice] IN–SERVICE training for library staffs; and 26
(5) Develop and operate cooperative services among libraries. 27
23–202.1. 28 HOUSE BILL 1115 5
(A) THERE IS A GOVERNING BOARD FOR EACH REGIO NAL RESOURCE 1
CENTER. 2
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 3
GOVERNING BOARD CONS ISTS OF THE FOLLOWIN G MEMBERS: 4
(I) A LIBRARY TRUSTEE FROM EACH PARTICIPATING L IBRARY 5
SYSTEM; AND 6
(II) UP TO TWO MEMBERS ONE MEMBER OF THE PUBLIC FROM 7
EACH AREA SERVED BY THE PARTICIPATING LI BRARY SYSTEMS . 8
(2) (I) THE BOARD OF TRUSTEES OF THE WASHINGTON COUNTY 9
FREE LIBRARY SHALL ACT AS THE GOVERNING BOARD FOR THE WESTERN 10
MARYLAND REGIONAL RESOURCE CENTER. 11
(II) THE BYLAWS ADOPTED BY THE BOARD OF TRUSTEE S OF THE 12
WASHINGTON COUNTY FREE LIBRARY SHALL GOVERN THE COMPOSITION , 13
APPOINTMENT , QUALIFICATIONS , TERMS, AND STRUCTURE OF THE GOVERNING 14
BOARD. 15
(C) A MEMBER APPOINTED TO A G OVERNING BOARD MUST : 16
(1) BE OF GOOD CHARACTER ; 17
(2) HAVE DEMONSTRATED ABI LITY AND INTEREST IN LIBRARY 18
MATTERS; AND 19
(3) BE A RESIDENT OF ONE OF THE COUNTIES PART ICIPATING IN AND 20
BEING SERVED BY THE REGIONAL RESOURCE CE NTER. 21
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 22
MEMBERS OF THE GOVER NING BOARD SHALL BE APPOINTED BY THE GOV ERNING 23
BOARD. 24
(2) THE INITIAL MEMBERS O F A GOVERNING BOARD SHALL BE 25
APPOINTED BY THE REGIONAL ADVISORY COUNCIL OF THE REGION AL RESOURCE 26
CENTER. 27
(E) A MEMBER OF A GOVERNIN G BOARD: 28
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 29
GOVERNING BOARD ; BUT 30 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 AND UN TIL 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 BOAR D SHALL APPOINT A QU ALIFIED 9
INDIVIDUAL TO FILL A NY VACANCY IN THE ME MBER’S POSITION FOR THE 10
REMAINDER OF THAT TE RM UNTIL A SUCCESSOR IS APPOINTED AND QUA LIFIES. 11
(II) A MEMBER APPOINTED TO FILL A VACANCY UNDER 12
SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y SERVE FOR TWO ADDITIONAL 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 TO ATTEND M EETINGS FOR 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 REPORT T HE 7
MEMBER’S NAME AND NONATTEND ANCE TO THE STATE LIBRARY BOARD WITHIN 45 8
DAYS AFTER THE END O F 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 OTHE R POWERS EXPRESSLY G RANTED 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 R ESOURCE 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 LA WS 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 TH E 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 OTHER SOURCES ; 2
2. ITEMIZED EXPENSES ; 3
3. THE NUMBER OF BOOKS A ND PERIODICALS IN TH E 4
POSSESSION OF AND OW NED 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, CONDEMNAT ION, RENTAL, 13
ACQUISITION, USE, OR CONVEYANCE OF PRO PERTY FOR ANY VALID PURPOSE UNDER 14
THIS SECTION; 15
(III) RECOMMEND PLANS FOR T HE REGIONAL RESOURCE 16
CENTERS, INCLUDING THE USE OF FACILITIES OF PARTIC IPATING LIBRARIES , 17
ADDITIONS TO THE FAC ILITIES OF PARTICIPATING LIBRAR IES, 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 ACT IONS NECESSARY FOR T HE 25
PROPER CONTROL AND D EVELOPMENT OF THE RE GIONAL RESOURCE CENT ER. 26
(4) IN ADDITION TO OTHER REPORTS THAT M AY BE REQUIRED BY TH E 27
STATE LIBRARY BOARD, THE BOARD SHALL: 28
(I) KEEP RECORDS THAT ARE CONSISTENT WITH SOUN D 29
BUSINESS PRACTICES A ND ACCOUNTING RECORD S THAT USE GENERALLY 30
ACCEPTED ACCOUNTING PRINCIPLES; 31 HOUSE BILL 1115 9
(II) CAUSE AN AUDIT BY AN INDEPENDENT CERTIFIE D PUBLIC 1
ACCOUNTANT APPROVED BY THE STATE LIBRARIAN TO BE MADE OF THE ACCOUNTS 2
AND TRANSACTIONS OF THE REGIONAL RESOURC E CENTER AT THE CONC LUSION OF 3
EACH FISCAL YEAR ; AND 4
(III) FOR ANY STATE MONEY, BE SUBJECT TO AN AUD IT BY THE 5
OFFICE OF LEGISLATIVE AUDITS, IN ACCORDANCE WITH §§ 2–1220 THROUGH 6
2–1227 OF THE STATE GOVERNMENT ARTICLE. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2023. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.