WES MOORE, Governor Ch. 676
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Chapter 676
(House Bill 1115)
AN ACT concerning
Libraries – Regional Resource Centers – Governance Requirements
FOR the purpose of altering the requirements for governance of libraries designated as
regional resource centers; establishing a governing board for each regional resource
center; and generally relating to regional resource centers and libraries.
BY repealing and reenacting, with amendments,
Article – Education
Section 23–202
Annotated Code of Maryland
(2022 Replacement Volume)
BY adding to
Article – Education
Section 23–202.1
Annotated Code of Maryland
(2022 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
23–202.
(a) The boards of library trustees of at least three public library systems outside
the standard metropolitan statistical areas defined by the United States Bureau of the
Census may request the State Library Board to establish and maintain a regional resource
center.
(b) Each regional resource center shall provide, through mutual cooperation and
coordination, books, information, and other material and service resources that an
individual library cannot provide adequately by itself.
(c) (1) A region to be served by a regional resource center shall have a
population of at least 100,000.
(2) Subject to approval by the State Library Board, the boards of library
trustees of the participating library systems shall designate the library to serve as the
resource center.
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[(3) If possible, the library selected as the regional resource center shall be:
(i) The strongest library in the region; and
(ii) Located so as to be of greatest service to the entire region.]
(d) (1) There is a board of advisors for each regional resource center THAT
SHALL ACT AS THE REGIONAL ADVISORY COUNCIL.
(2) The [board of advisors] COUNCIL consists of [two individuals selected
by the board of trustees of each participating library system to represent its library]:
(I) THE DIRECTOR OF THE R EGIONAL RESOURCE CEN TER; AND
(II) THE DIRECTOR OF EACH MEMBER LIBRARY SYSTE M.
(3) The [board of advisors] COUNCIL for each regional resource center
shall:
(i) Gather information on the resource needs of its region [and this
State]; AND
[(ii) Before State funds are distributed to it, make an annual report
to the State Library Board that evaluates and makes recommendations on the operation of
the center;
(iii) Recommend to the board of trustees of the library designated as
the regional resource center and to the State Library Board policies and procedures for the
development and use of the regional resource center;]
[(iv)] (II) Promote the use of the regional resource center[;
(v) Recommend the purchase, condemnation, rental, use, sale, or
conveyance of property for any purpose valid under this section; and
(vi) Recommend plans for the regional resource centers, which may
include the use of facilities of participating libraries, additions to the facilities of
participating libraries, or new facilities separate from the existing facilities of participating
libraries].
[(e) (1) The head of each regional resource center is the administrator of the
library designated as the center.
(2) The administrator shall operate the regional resource center under
standards adopted by the State Library Board. WES MOORE, Governor Ch. 676
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(3) The policies and procedures of the regional resource center shall be:
(i) Recommended by the board of trustees of the library designated
as the center; and
(ii) Approved by the board of advisors of the center.]
(E) (1) THE DIRECTOR OF THE R EGIONAL RESOURCE CEN TER IS THE
EXECUTIVE OFFICER OF THE REGIONAL RESOURC E CENTER.
(2) THE DIRECTO R:
(I) IS APPOINTED BY THE G OVERNING BOARD ESTAB LISHED IN
ACCORDANCE WITH § 23–202.1 OF THIS SUBTITLE; AND
(II) SHALL SERVE AT THE PL EASURE OF THE GOVERN ING
BOARD.
(3) THE DIRECTOR SHALL :
(I) BE ELIGIBLE FOR CERTI FICATION AS A PROFES SIONAL
LIBRARY DIRECTOR BY T HE STATE SUPERINTENDENT OF SCHOOLS AS SET FORTH
IN COMAR 14.38.01.01;
(II) HAVE THE POWERS AND D UTIES SET FORTH IN T HIS TITLE;
AND
(III) APPOINT, PROMOTE, FIX SALARIES, ASSIGN DUTIES , AND
TERMINATE PERSONNEL OF THE REGIONAL RESOURCE CENTER .
(F) (1) THE DIRECTOR SHALL OP ERATE THE REGIONAL R ESOURCE
CENTER IN ACCORDANCE WITH:
(I) THE STANDARDS ADOPTED BY THE STATE LIBRARY BOARD;
AND
(II) THE POLICIES ADOPTED BY THE GOVERNING BOA RD.
(2) THE DIRECTOR SHALL :
(I) PREPARE AND SUBMIT FO R THE APPROVAL OF TH E
GOVERNING BOARD THE ANNUAL BUDGET OF THE REGIONAL RESOURCE CE NTER;
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(II) ADOPT AND SUBMIT FOR THE APPROVAL OF THE
GOVERNING BOARD REAS ONABLE RULES AND BYL AWS TO CARRY OUT THI S SECTION;
AND
(III) RECOMMEND T O THE GOVERNING BOAR D THE PURCHASE ,
CONDEMNATION , RENTAL, USE, SALE, OR CONVEYANCE OF PRO PERTY FOR ANY
VALID PURPOSE UNDER THIS SECTION.
(G) THE POLICIES AND PROC EDURES OF THE REGION AL RESOURCE CENTER
SHALL BE:
(1) RECOMMENDED BY THE BO ARD OF TRUSTEES OF THE LIBRARY
DESIGNATED AS THE RE GIONAL RESOURCE CENT ER; AND
(2) APPROVED BY THE COUNCIL.
[(f)] (H) Each regional resource center shall:
(1) Make interlibrary loans of books and materials;
(2) Supply collections and exhibits of specialized materials;
(3) Provide consultant services;
(4) Organize [inservice] IN–SERVICE training for library staffs; and
(5) Develop and operate cooperative services among libraries.
23–202.1.
(A) THERE IS A GOVERNING BOARD FOR EACH REGIO NAL RESOURCE
CENTER.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A
GOVERNING BOARD CONS ISTS OF THE FOLLOWIN G MEMBERS:
(I) A LIBRARY TRUSTEE FROM EACH PARTICIPATING L IBRARY
SYSTEM; AND
(II) UP TO TWO MEMBERS ONE MEMBER OF THE PUBLIC FROM
EACH AREA SERVED BY TH E PARTICIPATING LIBR ARY SYSTEMS.
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(2) (I) THE BOARD OF TRUSTEES OF THE WASHINGTON COUNTY
FREE LIBRARY SHALL ACT AS THE GOVERNING BOARD FOR THE WESTERN
MARYLAND REGIONAL RESOURCE CENTER.
(II) THE BYLAWS ADOPTED BY THE BOARD OF TRUS TEES OF THE
WASHINGTON COUNTY FREE LIBRARY SHALL GOVERN THE COMPOSITION ,
APPOINTMENT , QUALIFICATIONS , TERMS, AND STRUCTURE OF THE GOVERNING
BOARD.
(C) A MEMBER APPOINTED TO A GOVERNING BOARD MU ST:
(1) BE OF GOOD CHARACTER ;
(2) HAVE DEMONSTRATED ABI LITY AND INTEREST IN LIBRARY
MATTERS; AND
(3) BE A RESIDENT OF ONE OF THE COUNTIES PART ICIPATING IN AND
BEING SERVED BY THE REGIONAL RESOURCE CE NTER.
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
MEMBERS OF THE GOVER NING BOARD SHALL BE APPOINTED BY THE GOV ERNING
BOARD.
(2) THE INITIAL MEMBERS O F A GOVERNING BOARD SHALL BE
APPOINTED BY THE REGIONAL ADVISORY COUNCIL OF THE REGION AL RESOURCE
CENTER.
(E) A MEMBER OF A GOVERNIN G BOARD:
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
GOVERNING BOARD ; BUT
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES IN
ACCORDANCE WITH THE RULES, POLICIES, AND BYLAWS OF THE RE GIONAL
RESOURCE CENTER .
(F) (1) EACH MEMBER SERVES FO R A TERM OF 5 YEARS BEGINNING JULY
1 IMMEDIATELY FOLLOWIN G THE MEMB ER’S APPOINTMENT AND UN TIL A
SUCCESSOR IS APPOINT ED AND QUALIFIES .
(2) A MEMBER MAY NOT SERVE FOR MORE THAN TWO CO NSECUTIVE
TERMS.
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(3) (I) THE GOVERNING BOARD S HALL APPOINT A QUALI FIED
INDIVIDUAL TO FILL A NY VACANCY IN THE ME MBER’S POSITION FOR THE
REMAINDER OF THAT TER M UNTIL A SUCCESSOR IS APPOINTED AND QUA LIFIES.
(II) A MEMBER APPOINTED TO FILL A VACANCY UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y SERVE FOR TWO ADDI TIONAL TERMS .
(G) (1) A GOVERNING BOARD SHAL L ELECT A CHAIR FROM AMONG ITS
MEMBERS EACH YEAR .
(2) A GOVERNING BOARD MAY ELECT ANY OTHER OFFI CERS
DETERMINED NECESSARY BY THE BOARD.
(3) IF A GOVERNING BOARD ELECTS A TREASURER , THE TREASURER
SHALL BE APPROPRIATE LY BONDED.
(H) (1) A GOVERNING BOARD :
(I) SHALL DETERMINE THE TIME AND PLACE OF IT S MEETINGS;
AND
(II) MAY ADOPT RULES FOR T HE CONDUCT OF ITS ME ETINGS.
(2) A GOVERNING BOARD SHAL L MEET AT LEAST ONCE EVERY 3
MONTHS.
(3) A GOVERNING BOARD IS S UBJECT TO THE OPEN MEETINGS ACT.
(4) A MAJORITY OF THE APPOINTED MEMBERS OF THE GOVERNING
BOARD IS A QUORUM .
(I) (1) A MEMBER OF A GOVERNIN G BOARD WHO FAILS TO ATTEND AT
LEAST 50% OF THE SCHEDULED MEE TINGS OF THE BOARD D URING ANY
CONSECUTIVE 12–MONTH PERIOD SHALL B E CONSIDERED TO HAVE RESIGNED.
(2) IF THE MEMBER HAS BEEN UNAB LE TO ATTEND MEETING S FOR
REASONS SATISFACTORY TO THE GOVERNING BOA RD, THE GOVERNING BOARD MAY
WAIVE THE RESIGNATIO N.
(3) THE CHAIR OF A GOVERN ING BOARD SHALL REPO RT THE
MEMBER’S NAME AND NONATTEND ANCE TO THE STATE LIBRARY BOARD WITHIN 45
DAYS AFTER THE END O F THE 12–MONTH PERIOD .
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(4) THE GOVERNING BOARD S HALL FILL ANY VACANC Y IN
ACCORDANCE WITH SUBS ECTION (F) OF THIS SECTION.
(J) (1) IN ADDITION TO THE OT HER POWERS EXPRESSLY GRANTED AND
DUTIES IMPOSED BY TH IS SUBTITLE, A GOVERNING BOARD HAS THE POWERS AND
DUTIES SET FORTH IN THIS SUBSECTION .
(2) A GOVERNING BOARD SHAL L:
(I) SELECT AND APPOINT , WITH THE ADVICE OF T HE STATE
LIBRARIAN, A PROFESSIONAL LIBRA RIAN TO SERVE AS DIR ECTOR OF THE REGIONA L
RESOURCE CENTER ;
(II) DETERMINE THE POLICI ES OF THE REGIONAL R ESOURCE
CENTER;
(III) ADOPT REASONABLE RUL ES AND BYLAWS FOR TH E USE OF
THE REGIONAL RESOURC E CENTER AND THE CON DUCT OF ITS BUSINESS ;
(IV) APPROVE THE REGIONAL RESOURCE CENTER BUDG ET;
(V) IN ACCORDANCE WITH THE REGULATIONS AND LAWS OF
THE STATE, RECEIVE, ACCOUNT FOR , CONTROL, AND SUPERVISE THE SP ENDING OF
ALL PUBLIC FUNDS REC EIVED BY THE REGIONA L RESOURCE CENTER ;
(VI) PUBLISH THE RESULTS O F THE AUDIT CONDUCTE D UNDER
PARAGRAPH (4)(II) OF THIS SUBSECTI ON; AND
(VII) SUBMIT A REPORT TO TH E STATE LIBRARIAN ON OR
BEFORE NOVEMBER 1 EACH YEAR THAT INCLU DES:
1. THE AMOUNT OF MONEY R ECEIVED FROM THE
LIBRARY FUND AND OTH ER SOURCES;
2. ITEMIZED EXPENSES ;
3. THE NUMBER OF BOOKS A ND PERIODICALS I N THE
POSSESSION OF AND OW NED BY THE REGIONAL RESOURCE CENTER ;
4. THE RESULTS OF THE AN NUAL AUDIT; AND
5. ANY OTHER INFORMATIO N REQUIRED BY THE STATE
LIBRARY BOARD.
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(3) A GOVERNING BOARD MAY :
(I) APPLY, ACCEPT, AND EXPEND ANY GIFT , APPROPRIATION,
OR GRANT FROM THE STATE, COUNTY, OR FEDERAL GOVERNMEN T OR ANY OTHER
PERSON ON BEHALF OF THE REGIONAL RESOURC E CENTER;
(II) RECOMMEND THE PURCHAS E, CONDEMNATION , RENTAL,
ACQUISITION, USE, OR CONVEYANCE OF PRO PERTY FOR ANY VALID PURPOSE UNDER
THIS SECTION;
(III) RECOMMEND PLANS FOR T HE REGIONAL RESOURCE
CENTERS, INCLUDING THE USE OF FACILITIES OF PARTIC IPATING LIBRARIES ,
ADDITIONS TO THE FAC ILITIES OF PARTICIPA TING LIBRARIES, OR NEW FACILITIES
SEPARATE FROM THE EX ISTING FACILITIES OF PARTICIPATING LIBRARIES ;
(IV) SELECT THE LOCATION O F AND APPROVE PLANS FOR THE
ERECTION OF REGIONAL RESOURCE CENTER BUIL DINGS, SUBJECT TO THE
APPROVAL OF THE STATE LIBRARY BOARD AND THE GOVERNOR;
(V) MAKE AGREEMENTS WITH ANY PERSON FOR ANY L IBRARY
SERVICE; AND
(VI) PERFORM ANY OTHER ACT IONS NECESSARY FOR T HE
PROPER CONTROL AND D EVELOPMENT OF THE RE GIONAL RESOURCE CENT ER.
(4) IN ADDITION TO OTHER REPORTS THAT MAY BE REQUIRED BY THE
STATE LIBRARY BOARD, THE BOARD SHALL:
(I) KEEP RECORDS THA T ARE CONSISTENT WIT H SOUND
BUSINESS PRACTICES A ND ACCOUNTING RECORD S THAT USE GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES;
(II) CAUSE AN AUDIT BY AN INDEPENDENT CERTIFIE D PUBLIC
ACCOUNTANT APPROVED BY THE STATE LIBRARIAN TO BE MADE OF THE ACCOUNTS
AND TRANSACTIONS OF THE RE GIONAL RESOURCE CENT ER AT THE CONCLUSION OF
EACH FISCAL YEAR ; AND
(III) FOR ANY STATE MONEY, BE SUBJECT TO AN AUD IT BY THE
OFFICE OF LEGISLATIVE AUDITS, IN ACCORDANCE WITH §§ 2–1220 THROUGH
2–1227 OF THE STATE GOVERNMENT ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
WES MOORE, Governor Ch. 676
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Approved by the Governor, May 16, 2023.