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.
*sb0831*
SENATE BILL 831
F5 3lr1653
CF HB 1115
By: Senators Hershey, Bailey, Carozza, Corderman, Gallion, Jennings, Jackson,
McKay, and Ready
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable
Senate action: Adopted
Read second time: February 28, 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 SENATE BILL 831
(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 REGIONAL RESOURCE CE NTER; AND 20
(II) THE DIRECTOR OF EACH MEM BER 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 SENATE BILL 831 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 CENTER IS THE 16
EXECUTIVE OFFICER OF THE REGIONAL RESOURC E CENTER. 17
(2) THE DIRECTOR: 18
(I) IS APPOINTED BY THE GOVERNING BOARD ESTABLISHED 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 CERTIFI CATION AS A PROFESSI ONAL 24
LIBRARY DIRECTOR BY THE STATE SUPERINTENDENT OF SCHOOLS AS SET FOR TH 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 SENATE BILL 831
(III) APPOINT, PROMOTE, FIX SALARIES, ASSIGN DUTIES , AND 1
TERMINATE PERSONNEL OF THE REGIONAL RESO URCE CENTER . 2
(F) (1) THE DIRECTOR SHALL OPERATE THE REGIONAL RESOURC E 3
CENTER IN ACCORDANCE WITH : 4
(I) THE STANDARDS ADOPTED BY THE STATE LIBRARY BOARD; 5
AND 6
(II) THE POLICIES ADOPTED BY T HE GOVERNING BOARD. 7
(2) THE DIRECTOR SHALL : 8
(I) PREPARE AND SUBMIT FO R THE APPROVAL OF THE 9
GOVERNING BOARD THE ANNUAL BUDGET OF THE REGIONAL RESOURCE CENT ER; 10
(II) ADOPT AND SUBMIT FOR THE APPROVAL OF THE 11
GOVERNING BOARD REASONABLE RULE S AND BYLAWS TO CARRY OUT THIS SECTION; 12
AND 13
(III) RECOMMEND TO THE GOVERNING BOARD THE PURCHASE , 14
CONDEMNATION , RENTAL, USE, SALE, OR CONVEYANCE OF PRO PERTY FOR ANY 15
VALID PURPOSE UNDER THIS S ECTION. 16
(G) THE POLICIES AND PROCEDURES OF THE RE GIONAL RESOURCE CENT ER 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
SENATE BILL 831 5
23–202.1. 1
(A) THERE IS A GOVERNING BOARD FOR EACH REGION AL RESOURCE 2
CENTER. 3
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 4
GOVERNING BOARD CONSISTS OF THE FOLLOWING MEMBERS: 5
(I) A LIBRARY TRUSTEE FROM EACH PARTICIPATING LIBRAR Y 6
SYSTEM; AND 7
(II) UP TO TWO MEMBERS OF THE P UBLIC FROM EACH AREA 8
SERVED BY THE PARTIC IPATING LIBRARY SYST EMS. 9
(2) (I) THE BOARD OF TRUSTEES OF THE WASHINGTON COUNTY 10
FREE LIBRARY SHALL ACT AS THE GOVERNING BOA RD FOR THE WESTERN 11
MARYLAND REGIONAL RESOURCE CENTER. 12
(II) THE BYLAWS ADOPTED BY THE BOARD OF TRUSTEE S OF THE 13
WASHINGTON COUNTY FREE LIBRARY SHALL GOVERN THE COMPOSITION , 14
APPOINTMENT , QUALIFICATIONS , TERMS, AND STRUCTURE OF THE GOVERNING 15
BOARD. 16
(C) A MEMBER APPOINTED TO A GOVERNING BOARD MUST: 17
(1) BE OF GOOD CHARACTER ; 18
(2) HAVE DEMONSTRATED ABI LITY AND INTEREST IN LIBRARY 19
MATTERS; AND 20
(3) BE A RESIDENT OF ONE OF THE COUNTIES PART ICIPATING IN AND 21
BEING SERVED BY THE REGIONAL RESOURCE CE NTER. 22
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE 23
MEMBERS OF THE GOVER NING BOARD SHALL BE APPOINTED BY THE GOVERNING 24
BOARD. 25
(2) THE INITIAL MEMBERS O F A GOVERNI NG BOARD SHALL BE 26
APPOINTED BY THE REGIONAL ADVISORY COUNCIL OF THE REGION AL RESOURCE 27
CENTER. 28
(E) A MEMBER OF A GOVERNIN G BOARD: 29
6 SENATE BILL 831
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 1
GOVERNING BOARD ; BUT 2
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES IN 3
ACCORDANCE WITH THE RULES, POLICIES, AND BYLAWS OF THE REGIONAL 4
RESOURCE CENTER . 5
(F) (1) EACH MEMBER SERVES FO R A TERM OF 5 YEARS BEGINNING JULY 6
1 IMMEDIATELY FOLLOWIN G THE MEMBER ’S APPOINTMENT AND UNTIL A 7
SUCCESSOR IS APPOINT ED AND QUALIFIES . 8
(2) A MEMBER MAY NOT SERVE FOR MORE THAN TWO CONSECUTIVE 9
TERMS. 10
(3) (I) THE GOVERNING BOARD S HALL APPOINT A QUALI FIED 11
INDIVIDUAL TO FILL A NY VACANCY IN THE ME MBER’S POSITION FOR THE 12
REMAINDER OF THAT TE RM UNTIL A SUCCESSOR IS APPOINTED AND QUA LIFIES. 13
(II) A MEMBER APPOINTED TO FILL A VACANCY UNDER 14
SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y SERVE FOR TWO ADDI TIONAL TERMS . 15
(G) (1) A GOVERNING BOARD SHALL ELECT A CHAIR FROM A MONG ITS 16
MEMBERS EACH YEAR. 17
(2) A GOVERNING BOARD MA Y ELECT ANY OTHER OF FICERS 18
DETERMINED NECESSARY BY THE BOARD. 19
(3) IF A GOVERNING BOARD ELECTS A TREASURER , THE TREASURER 20
SHALL BE APPROPRIATELY BON DED. 21
(H) (1) A GOVERNING BOARD : 22
(I) SHALL DETERMINE THE T IME AND PLACE OF ITS MEETINGS; 23
AND 24
(II) MAY ADOPT RULES FOR T HE CONDUCT OF ITS MEETING S. 25
(2) A GOVERNING BOARD SHAL L MEET AT LEAST ONCE EVERY 3 26
MONTHS. 27
(3) A GOVERNING BOARD IS S UBJECT TO THE OPEN MEETINGS ACT. 28
SENATE BILL 831 7
(4) A MAJORITY OF THE APPO INTED MEMBERS OF THE GOVERNING 1
BOARD IS A QUORUM . 2
(I) (1) A MEMBER OF A GOVERNIN G BOARD WHO FAILS TO ATTEND AT 3
LEAST 50% OF THE SCHEDULED MEE TINGS OF THE BOARD D URING ANY 4
CONSECUTIVE 12–MONTH PERIOD SHALL BE CONSIDERED TO HAVE R ESIGNED. 5
(2) IF THE MEMBER HAS BEE N UNABLE TO ATTEND M EETINGS FOR 6
REASONS SATISFACTORY TO THE GOVERNING BOARD, THE GOVERNING BOARD MAY 7
WAIVE THE RESIGNATIO N. 8
(3) THE CHAIR OF A GOVERN ING BOARD SHALL REPO RT THE 9
MEMBER’S NAME AND NONATTEND ANCE TO THE STATE LIBRARY BOARD WITHIN 45 10
DAYS AFTER THE END OF THE 12–MONTH PERIOD . 11
(4) THE GOVERNING BOARD SHAL L FILL ANY VACANCY I N 12
ACCORDANCE WITH SUBS ECTION (F) OF THIS SECTION. 13
(J) (1) IN ADDITION TO THE OT HER POWERS EXPRESSLY GRANTED AND 14
DUTIES IMPOSED BY TH IS SUBTITLE, A GOVERNING BOARD HAS THE POWERS AND 15
DUTIES SET FORTH IN THIS SUBSECTION. 16
(2) A GOVERNING BOARD SHALL: 17
(I) SELECT AND APPOINT , WITH THE ADVICE OF T HE STATE 18
LIBRARIAN, A PROFESSIONAL LIBRA RIAN TO SERVE AS DIRECTOR OF THE REGIONAL 19
RESOURCE CENTER ; 20
(II) DETERMINE THE POLICI ES OF THE REGIONAL RESOURC E 21
CENTER; 22
(III) ADOPT REASONABLE RUL ES AND BYLAWS FOR TH E USE OF 23
THE REGIONAL RESOURC E CENTER AND THE CON DUCT OF ITS BUSINESS ; 24
(IV) APPROVE THE REGIONAL RESOURCE CENTER BUDG ET; 25
(V) IN ACCORDANCE WITH THE REGULATIONS AND LAWS OF 26
THE STATE, RECEIVE, ACCOUNT FOR, CONTROL, AND SUPERVI SE THE SPENDING OF 27
ALL PUBLIC FUNDS REC EIVED BY THE REGIONA L RESOURCE CENTER ; 28
(VI) PUBLISH THE RESULTS O F THE AUDIT CONDUCTED UNDER 29
PARAGRAPH (4)(II) OF THIS SUBSECTION ; AND 30
8 SENATE BILL 831
(VII) SUBMIT A REPORT TO THE STATE LIBRARIAN ON OR 1
BEFORE NOVEMBER 1 EACH YEAR THAT INCLUDES : 2
1. THE AMOUNT OF MONEY R ECEIVED FROM THE 3
LIBRARY FUND AND OTH ER SOURCES; 4
2. ITEMIZED EXPENSES ; 5
3. THE NUMBER OF BOOKS A ND PERIODICALS IN THE 6
POSSESSION OF AND OWNED BY THE REGIONAL RESOURC E CENTER; 7
4. THE RESULTS OF THE AN NUAL AUDIT; AND 8
5. ANY OTHER INFORMATIO N REQUIRED BY THE STATE 9
LIBRARY BOARD. 10
(3) A GOVERNING BOARD MAY: 11
(I) APPLY, ACCEPT, AND EXPEND ANY GIFT , APPROPRIATION , 12
OR GRANT FROM THE STATE, COUNTY, OR FEDERAL GOVERNMENT OR ANY OT HER 13
PERSON ON BEHALF OF THE REGIONAL RESOURC E CENTER; 14
(II) RECOMMEND THE PURCHAS E, CONDEMNATION , RENTAL, 15
ACQUISITION, USE, OR CONVEYANCE OF PRO PERTY FOR ANY VALID PURPOSE UNDER 16
THIS SECTION; 17
(III) RECOMMEND PLANS FOR T HE REGIONAL RESOURCE 18
CENTERS, INCLUDING THE USE OF FACILITIE S OF PARTICIPATING L IBRARIES, 19
ADDITIONS TO THE FAC ILITIES OF PARTICIPA TING LIBRARIES, OR NEW FACILITIES 20
SEPARATE FROM THE EX ISTING FACILITIES OF PARTICIPATING LIBRAR IES; 21
(IV) SELECT THE LOCATION O F AND APPROVE PLANS FOR THE 22
ERECTION OF REGIONAL RESOURCE CENTER BUIL DINGS, SUBJECT TO THE 23
APPROVAL OF THE STATE LIBRARY BOARD AND THE GOVERNOR; 24
(V) MAKE AGREEMENTS WITH ANY PERSON FOR ANY LIBRARY 25
SERVICE; AND 26
(VI) PERFORM ANY OTHER ACTIONS NECESSARY FOR THE 27
PROPER CONTROL AND D EVELOPMENT OF THE RE GIONAL RESOURCE CENT ER. 28
(4) IN ADDITION TO OTHER REPORTS THAT MAY BE REQUIRED BY THE 29
STATE LIBRARY BOARD, THE BOARD SHALL: 30 SENATE BILL 831 9
(I) KEEP RECORDS THAT ARE CONSISTENT WITH SOUN D 1
BUSINESS PRACTICES A ND ACCOUNTING RECORD S 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 AC COUNTS 5
AND TRANSACTIONS OF THE REGIONAL R ESOURCE CENTER AT TH E CONCLUSION 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 FURTHE R ENACTED, That this Act shall take effect July 11
1, 2023. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.