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.
Italics indicate opposite chamber/conference committee amendments.
*sb0831*
SENATE BILL 831
F5 (3lr1653)
ENROLLED BILL
— Education, Energy, and the Environment/Ways and Means —
Introduced by Senators Hershey, Bailey, Carozza, Corderman, Gallion, Jennings,
Jackson, McKay, and Ready
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the G overnor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 831
Section 23–202.1 1
Annotated Code of Maryland 2
(2022 Replacement Volume) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Education 6
23–202. 7
(a) The boards of library trustees of at least three public library systems outside 8
the standard metropolitan statistical areas defined by the United States Bureau of the 9
Census may request the State Library Board to establish and maintain a regional resource 10
center. 11
(b) Each regional resource center shall provide, through mutual cooperation and 12
coordination, books, information, and other material and service resources that an 13
individual library cannot provide adequately by itself. 14
(c) (1) A region to be served by a regional resource center shall have a 15
population of at least 100,000. 16
(2) Subject to approval by the State Library Board, the boards of library 17
trustees of the participating library systems shall designate the library to serve as the 18
resource center. 19
[(3) If possible, the library selected as the regional resource center shall be: 20
(i) The strongest library in the region; and 21
(ii) Located so as to be of greatest service to the entire region.] 22
(d) (1) There is a board of advisors for each regional resource center THAT 23
SHALL ACT AS THE REGIONAL ADVISORY COUNCIL. 24
(2) The [board of advisors] COUNCIL consists of [two individuals selected 25
by the board of trustees of each participating library system to represent its library]: 26
(I) THE DIRECTOR OF THE R EGIONAL RESOURCE CEN TER; AND 27
(II) THE DIRECTOR OF EACH MEMBER LIBRARY SYSTEM. 28
(3) The [board of advisors] COUNCIL for each regional resource center 29
shall: 30
SENATE BILL 831 3
(i) Gather information on the resource needs of its region [and this 1
State]; AND 2
[(ii) Before State funds are distributed to it, make an annual report 3
to the State Library Board that evaluates and makes recommendations on the operation of 4
the center; 5
(iii) Recommend to the board of trustees of the library designated as 6
the regional resource center and to the State Library Board policies and procedures for the 7
development and use of the regional resource center;] 8
[(iv)] (II) Promote the use of the regional resource center[; 9
(v) Recommend the purchase, condemnation, rental, use, sale, or 10
conveyance of property for any purpose valid under this section; and 11
(vi) Recommend plans for the regional resource centers, which may 12
include the use of facilities of participating libraries, additions to the facilities of 13
participating libraries, or new facilities separate from the existing facilities of participating 14
libraries]. 15
[(e) (1) The head of each regional resource center is the administrator of the 16
library designated as the center. 17
(2) The administrator shall operate the regional resource center under 18
standards adopted by the State Library Board. 19
(3) The policies and procedures of the regional resource center shall be: 20
(i) Recommended by the board of trustees of the library designated 21
as the center; and 22
(ii) Approved by the board of advisors of the center.] 23
(E) (1) THE DIRECTOR OF THE REGIONAL RESOURCE CE NTER IS THE 24
EXECUTIVE OFFICER OF THE REGIONAL RESOURC E CENTER. 25
(2) THE DIRECTOR: 26
(I) IS APPOINTED BY THE G OVERNING BOARD ESTAB LISHED IN 27
ACCORDANCE WITH § 23–202.1 OF THIS SUBTITLE; AND 28
(II) SHALL SERVE AT THE PL EASURE OF THE GOVERNING 29
BOARD. 30
4 SENATE BILL 831
(3) THE DIRECTOR SHALL : 1
(I) BE ELIGIBLE FOR CERTI FICATION AS A PROFES SIONAL 2
LIBRARY DIRECTOR BY THE STATE SUPERINTENDENT OF SCHOOLS AS SET FORTH 3
IN COMAR 14.38.01.01; 4
(II) HAVE THE POWERS AND D UTIES SET FORTH IN T HIS TITLE; 5
AND 6
(III) APPOINT, PROMOTE, FIX SALARIES, ASSIGN DUTIES , AND 7
TERMINATE PERSONNEL OF THE REGIONAL RESO URCE CENTER . 8
(F) (1) THE DIRECTOR SHALL OP ERATE THE REGIONAL R ESOURCE 9
CENTER IN ACCORDANCE WITH: 10
(I) THE STANDARDS ADOPTED BY THE STATE LIBRARY BOARD; 11
AND 12
(II) THE POLICIES ADOPTED BY THE GOVERNING BOA RD. 13
(2) THE DIRECTOR SHALL : 14
(I) PREPARE AND SUBMIT FO R THE APPROVAL OF TH E 15
GOVERNING BOARD THE ANNUAL BUDGET OF THE REGIONAL RESOURCE CE NTER; 16
(II) ADOPT AND SUBMIT FOR THE APPROVAL OF THE 17
GOVERNING BOARD REAS ONABLE RULES AND BYL AWS TO CARRY OUT THI S SECTION; 18
AND 19
(III) RECOMMEND TO THE GOVE RNING BOARD THE PURC HASE, 20
CONDEMNATION , RENTAL, USE, SALE, OR CONVEYANCE OF PRO PERTY FOR ANY 21
VALID PURPOSE UNDER THIS SECTION. 22
(G) THE POLICIES AND PROCEDURES OF THE RE GIONAL RESOURCE CENT ER 23
SHALL BE: 24
(1) RECOMMENDED BY THE BO ARD OF TRUSTEES OF T HE LIBRARY 25
DESIGNATED AS THE RE GIONAL RESOURCE CENT ER; AND 26
(2) APPROVED BY THE COUNCIL. 27
[(f)] (H) Each regional resource center shall: 28
(1) Make interlibrary loans of books and materials; 29 SENATE BILL 831 5
(2) Supply collections and exhibits of specialized materials; 1
(3) Provide consultant services; 2
(4) Organize [inservice] IN–SERVICE training for library staffs; and 3
(5) Develop and operate cooperative services among libraries. 4
23–202.1. 5
(A) THERE IS A GOVERNING BOARD FOR EACH REGIO NAL RESOURCE 6
CENTER. 7
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 8
GOVERNING BOARD CONS ISTS OF THE FOLLOWIN G MEMBERS: 9
(I) A LIBRARY TRUSTEE FROM EACH PARTICIPATING LIBRAR Y 10
SYSTEM; AND 11
(II) UP TO TWO MEMBERS ONE MEMBER OF THE PUBLIC FROM 12
EACH AREA SERVED BY THE PARTICIPATING LI BRARY SYSTEMS . 13
(2) (I) THE BOARD OF TRUSTEES OF THE WASHINGTON COUNTY 14
FREE LIBRARY SHALL ACT AS THE GOVERNING BOARD FOR THE WESTERN 15
MARYLAND REGIONAL RESOURCE CENTER. 16
(II) THE BYLAWS ADOPTED BY THE BOARD OF TRUSTEE S OF THE 17
WASHINGTON COUNTY FREE LIBRARY SHALL GOVERN THE COMPOSITION , 18
APPOINTMENT , QUALIFICATIONS , TERMS, AND STRUCTURE OF THE GOVERNING 19
BOARD. 20
(C) A MEMBER APPOINTED TO A GOVER NING BOARD MUST : 21
(1) BE OF GOOD CHARACTER ; 22
(2) HAVE DEMONSTRATED ABI LITY AND INTEREST IN LIBRARY 23
MATTERS; AND 24
(3) BE A RESIDENT OF ONE OF THE COUNTIES PART ICIPATING IN AND 25
BEING SERVED BY THE REGIONAL RESOURCE CE NTER. 26
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 27
MEMBERS OF THE GOVER NING BOARD SHALL BE APPOINTED BY THE GOV ERNING 28
BOARD. 29 6 SENATE BILL 831
(2) THE INITIAL MEMBERS O F A GOVERNING BOARD SHALL BE 1
APPOINTED BY THE REGIONAL ADVISORY COUNCIL OF THE REGION AL RESOURCE 2
CENTER. 3
(E) A MEMBER OF A GOVERNIN G BOARD: 4
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 5
GOVERNING BOARD ; BUT 6
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES IN 7
ACCORDANCE WITH THE RULES, POLICIES, AND BYLAWS OF THE RE GIONAL 8
RESOURCE CENTER . 9
(F) (1) EACH MEMBER SERVES FO R A TERM OF 5 YEARS BEGINNING JULY 10
1 IMMEDIATELY FOLLOWIN G THE MEMBER ’S APPOINTMENT AND UN TIL A 11
SUCCESSOR IS APPOINT ED AND QUALIFIES . 12
(2) A MEMBER MAY NOT SERVE FOR MORE THAN TWO CO NSECUTIVE 13
TERMS. 14
(3) (I) THE GOVERNING BOARD SHALL APPOINT A QUAL IFIED 15
INDIVIDUAL TO FILL A NY VACANCY IN THE ME MBER’S POSITION FOR THE 16
REMAINDER OF THAT TE RM UNTIL A SUCCESSOR IS APPOINTED AND QUA LIFIES. 17
(II) A MEMBER APPOINTED TO FILL A VACANCY UNDER 18
SUBPARAGRAPH (I) OF THIS PARAGRAPH MA Y SERVE FOR TWO ADDITIONAL T ERMS. 19
(G) (1) A GOVERNING BOARD SHAL L ELECT A CHAIR FROM AMONG ITS 20
MEMBERS EACH YEAR . 21
(2) A GOVERNING BOARD MAY ELECT ANY OTHER OFFI CERS 22
DETERMINED NECESSARY BY THE BOARD. 23
(3) IF A GOVERNING BOARD ELECTS A TREASURER , THE TREASURER 24
SHALL BE APPROPRIATE LY BONDED. 25
(H) (1) A GOVERNING BOARD : 26
(I) SHALL DETERMINE THE T IME AND PLACE OF ITS MEETINGS; 27
AND 28
(II) MAY ADOPT RULES FOR T HE CONDUCT OF ITS ME ETINGS. 29
SENATE BILL 831 7
(2) A GOVERNING BOARD SHAL L MEET AT LEAST ONCE EVERY 3 1
MONTHS. 2
(3) A GOVERNING BOARD IS S UBJECT TO THE OPEN MEETINGS ACT. 3
(4) A MAJORITY OF THE APPO INTED MEMBERS OF THE GOVERNING 4
BOARD IS A QUORUM . 5
(I) (1) A MEMBER OF A GOVERNIN G BOARD WHO FAILS TO ATTEND AT 6
LEAST 50% OF THE SCHEDULED MEE TINGS OF THE BOARD D URING ANY 7
CONSECUTIVE 12–MONTH PERIOD SHALL B E CONSIDERED TO HAVE RESIGNED. 8
(2) IF THE MEMBER HAS BEE N UNABLE TO ATTEND M EETINGS FOR 9
REASONS SATISFACTORY TO THE GOVERNING BOA RD, THE GOVERNING BOARD MAY 10
WAIVE THE RESIGNATIO N. 11
(3) THE CHAIR OF A GOVERN ING BOARD SHALL REPORT T HE 12
MEMBER’S NAME AND NONATTEND ANCE TO THE STATE LIBRARY BOARD WITHIN 45 13
DAYS AFTER THE END O F THE 12–MONTH PERIOD . 14
(4) THE GOVERNING BOARD S HALL FILL ANY VACANC Y IN 15
ACCORDANCE WITH SUBS ECTION (F) OF THIS SECTION. 16
(J) (1) IN ADDITION TO THE OTHER POWER S EXPRESSLY GRANTED AND 17
DUTIES IMPOSED BY TH IS SUBTITLE, A GOVERNING BOARD HA S THE POWERS AND 18
DUTIES SET FORTH IN THIS SUBSECTION . 19
(2) A GOVERNING BOARD SHAL L: 20
(I) SELECT AND APPOINT , WITH THE ADVICE OF T HE STATE 21
LIBRARIAN, A PROFESSIONAL LIBRARIAN TO SERVE AS DIRECTOR OF THE REGIONAL 22
RESOURCE CENTER ; 23
(II) DETERMINE THE POLICI ES OF THE REGIONAL R ESOURCE 24
CENTER; 25
(III) ADOPT REASONABLE RUL ES AND BYLAWS FOR TH E USE OF 26
THE REGIONAL RESOURC E CENTER AND THE CON DUCT OF ITS BUSINE SS; 27
(IV) APPROVE THE REGIONAL RESOURCE CENTER BUDG ET; 28
(V) IN ACCORDANCE WITH TH E REGULATIONS AND LA WS OF 29
THE STATE, RECEIVE, ACCOUNT FOR , CONTROL, AND SUPERVISE THE SP ENDING OF 30
ALL PUBLIC FUNDS REC EIVED BY THE REGIONA L RESOURCE CENTER ; 31 8 SENATE BILL 831
(VI) PUBLISH THE RESULTS OF THE AUDIT CONDUCTED UNDER 1
PARAGRAPH (4)(II) OF THIS SUBSECTION ; AND 2
(VII) SUBMIT A REPORT TO TH E STATE LIBRARIAN ON OR 3
BEFORE NOVEMBER 1 EACH YEAR THAT INCLU DES: 4
1. THE AMOUNT OF MONEY R ECEIVED FROM THE 5
LIBRARY FUND AND OTH ER SOURCES; 6
2. ITEMIZED EXPENSES ; 7
3. THE NUMBER OF BOOKS A ND PERIODICALS IN TH E 8
POSSESSION OF AND OW NED BY THE REGIONAL RESOURCE CENTER ; 9
4. THE RESULTS OF THE AN NUAL AUDIT; AND 10
5. ANY OTHER INFORMATIO N REQUIRED BY THE STATE 11
LIBRARY BOARD. 12
(3) A GOVERNING BOARD MAY : 13
(I) APPLY, ACCEPT, AND EXPEND ANY GIFT , APPROPRIATION , 14
OR GRANT FROM THE STATE, COUNTY, OR FEDERAL GOVERNMEN T OR ANY OTHER 15
PERSON ON BEHALF OF THE REGIONAL RESOURC E CENTER; 16
(II) RECOMMEND THE PURCHAS E, CONDEMNATION , RENTAL, 17
ACQUISITION, USE, OR CONVEYANCE OF PRO PERTY FOR ANY VALID PURPOSE UNDER 18
THIS SECTION; 19
(III) RECOMMEND PLANS FOR T HE REGIONAL RESOURCE 20
CENTERS, INCLUDING THE USE OF FACILITIES OF PARTIC IPATING LIBRARIES , 21
ADDITIONS TO THE FAC ILITIES OF PARTICIPA TING LIBRARIES, OR NEW FACILITIES 22
SEPARATE FROM THE EX ISTING FACILITIES OF PARTICIPATING LIBRAR IES; 23
(IV) SELECT THE LOCATION O F AND APPROVE PLANS FOR THE 24
ERECTION OF REGIONAL RESOURCE CENTER BUIL DINGS, SUBJECT TO THE 25
APPROVAL OF THE STATE LIBRARY BOARD AND THE GOVERNOR; 26
(V) MAKE AGREEMENTS WITH ANY PERSON FOR ANY L IBRARY 27
SERVICE; AND 28
(VI) PERFORM ANY OTHER ACT IONS NECESSARY FOR T HE 29
PROPER CONTROL AND D EVELOPMENT OF THE RE GIONAL RESOURCE CENT ER. 30 SENATE BILL 831 9
(4) IN ADDITION TO OTHER REPORTS THAT MAY BE REQUIRED BY THE 1
STATE LIBRARY BOARD, THE BOARD SHALL: 2
(I) KEEP RECORDS THAT ARE CONSISTENT WITH SOUN D 3
BUSINESS PRACTICES A ND ACCOUNTING RECORD S THAT USE GENERALLY 4
ACCEPTED ACCOUNTING PRINCIPLES; 5
(II) CAUSE AN AUDIT BY AN INDEPENDENT CERTIFIE D PUBLIC 6
ACCOUNTANT APPROVED BY T HE STATE LIBRARIAN TO BE MADE OF THE ACCOUNTS 7
AND TRANSACTIONS OF THE REGIONAL RESOURC E CENTER AT THE CONC LUSION OF 8
EACH FISCAL YEAR ; AND 9
(III) FOR ANY STATE MONEY, BE SUBJECT TO AN AUD IT BY THE 10
OFFICE OF LEGISLATIVE AUDITS, IN ACCORDANCE WITH §§ 2–1220 THROUGH 11
2–1227 OF THE STATE GOVERNMENT ARTICLE. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
1, 2023. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.