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.
*hb0785*
HOUSE BILL 785
F5 EMERGENCY BILL 4lr0417
CF SB 738
By: Delegates D. Jones, A. Jones, Atterbeary, Ebersole, and Wilkins Wilkins, Fair,
Feldmark, Grossman, Mireku–North, Palakovich Carr, and Wu
Introduced and read first time: January 31, 2024
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 2, 2024
CHAPTER ______
AN ACT concerning 1
Freedom to Read Act 2
FOR the purpose of establishing a State policy that local school systems operate their school 3
library media programs consistent with certain standards; requiring each local 4
school system to develop a policy and procedures to review objections to materials in 5
a school library media program; prohibiting a county board of education from taking 6
certain actions against certain school library media program personnel for 7
performing their job duties consistent with certain standards; establishing the State 8
standards for libraries for the operation of each library that receives funding from 9
the State; altering the duties of the State Library Board, the State Library Agency, 10
and regional resource centers to incorporate the State standards for libraries; 11
making funding for certain libraries contingent on adoption of a written policy for 12
operation of the library consistent with the State standards for libraries; requiring 13
the State Librarian to authorize the State Comptroller to withhold funding from 14
libraries under certain circumstances; prohibiting county boards of education and 15
the governing bodies of certain libraries from retaliating against employees for 16
acting in a manner performing their job duties consistent with the State standards 17
for libraries under certain circumstances; requiring a certain action involving the 18
property of a library to be committed knowingly in order to be considered a crime; 19
altering the maximum fine for a certain crime involving the property of a library; 20
and generally relating to the establishment of the State policies and standards for 21
libraries in the State. 22
BY adding to 23 2 HOUSE BILL 785
Article – Education 1
Section 4–142 and 23–102.1 2
Annotated Code of Maryland 3
(2022 Replacement Volume and 2023 Supplement) 4
BY repealing and reenacting, with amendments, 5
Article – Education 6
Section 23–101, 23–105, 23–106, 23–202, 23–202.1, 23–205, 23–406, 23–408, 23–503, 7
23–506, and 23–507 8
Annotated Code of Maryland 9
(2022 Replacement Volume and 2023 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Education 13
4–142. 14
(A) IN THIS SECTION , “STATE STANDARDS FOR L IBRARIES” HAS THE 15
MEANING STATED IN § 23–101 OF THIS ARTICLE. 16
(A) IT IS THE POLICY OF T HE STATE THAT EACH LOCAL SCHOOL SYSTEM 17
OPERATE ITS SCHOOL L IBRARY MEDIA PROGRAM CONSISTENT WITH THE 18
FOLLOWING STANDARDS : 19
(1) THE MATERIALS , SERVICES, AND RESOURCES PROVID ED IN A 20
SCHOOL LIBRARY MEDIA PROGRAM ARE PROVIDED FOR THE INTEREST, 21
INFORMATION , AND INSTRUCTIONAL SU PPORT OF STUDENTS AN D SCHOOL 22
PERSONNEL OF THE SCH OOLS THE PROGRAM SER VES; 23
(2) MATERIALS MAY NOT BE EXCLUDED FROM A SCHO OL LIBRARY 24
MEDIA PROGRAM SOLELY BECAUSE OF THE ORIGI N, BACKGROUND , OR VIEWS OF 25
THE INDIVIDUAL WHO CREATED THE MATERIAL; 26
(3) MATERIALS MAY NOT BE EXCLUDED OR REMOVED FROM THE 27
CATALOGUE OF A SCHOO L LIBRARY MEDIA PROG RAM BECAUSE OF PARTI SAN, 28
IDEOLOGICAL, OR RELIGIOUS DISAPPR OVAL; 29
(4) THE RIGHT TO USE A SC HOOL LIBRARY BELONGS TO ALL 30
STUDENTS AND SCHOOL PERSONNEL SERVED BY THE LIBRAR Y AND THAT RIGHT 31
SHOULD NOT BE DENIED OR HINDERED BECAUSE OF AN INDIVIDUAL ’S ORIGIN, 32
BACKGROUND , OR VIEWS; 33
HOUSE BILL 785 3
(5) A SCHOOL LIBRARY SHOUL D MAKE ITS PUBLIC SP ACES AND 1
FACILITIES AVAILABLE TO ALL STUDENTS AND SCHOOL PERSONNEL ON AN 2
EQUITABLE BASIS ; AND 3
(6) A SCHOOL LIBRARY SHOUL D HONOR THE RIGHT OF PRIVACY OF 4
EACH STUDENT AND EAC H SCHOOL EMPLOYEE WH O USES ITS SERVICES AND MUST 5
PROTECT PERSONAL DAT A AND INFORMATION . 6
(B) (1) EACH LOCAL SCHOOL SYS TEM SHALL DEVELOP A ND IMPLEMENT 7
A POLICY AND PROCEDU RES TO REVIEW OBJECT IONS TO MATERIALS IN THE SCHOOL 8
LIBRARY MEDIA PROGRA M. 9
(2) THE POLICY AND PROCED URES DEVELOPED UNDER PARAGRAPH 10
(1) OF THIS SUBSECTION S HALL: 11
(I) ESTABLISH A UNIFORM P ROCESS TO SUBMIT AN OBJECTION 12
TO MATERIALS IN A SC HOOL LIBRARY MEDIA P ROGRAM BY A STUDENT , PARENT OR 13
GUARDIAN OF A STUDEN T ENROLLED IN A SCHO OL IN THE LOCAL SCHO OL SYSTEM, 14
OR SCHOOL PERSONNEL ; 15
(II) REQUIRE MATERIALS UND ER REVIEW DUE TO AN 16
OBJECTION TO REMAIN AVAILABLE FOR USE BY STUDENTS AND SCHOOL 17
PERSONNEL UNTIL THE REVIEW PROCESS HAS C ONCLUDED; AND 18
(III) ESTABLISH A REASONABL E TIMELINE TO CONDUC T AND 19
CONCLUDE THE REVIEW PROCESS IN A TIMELY MANNER. 20
(B) (C) A COUNTY BOARD MAY NOT DISMISS, DEMOTE, SUSPEND, 21
DISCIPLINE, REASSIGN, TRANSFER, OR OTHERWISE RETALIA TE AGAINST A 22
LIBRARIAN OR, A CERTIFIED LIBRARY MEDIA SPECIALIST , OR SCHOOL LIBRARY 23
MEDIA PROGRAM SUPPOR T STAFF EMPLOYED BY A COUNTY BOARD MAY NOT BE 24
DISMISSED, DEMOTED, SUSPENDED, DISCIPLINED, REASSIGNED, TRANSFERRED , OR 25
OTHERWISE RETALIATED AGAINST FOR ACTING I N A MANNER FOR PERFORMING 26
THEIR JOB DUTIES CONSISTENT WITH THE STATE STANDARDS FOR L IBRARIES 27
STANDARDS DESCRIBED UNDER SUBSECTION (A) OF THIS SECTION. 28
23–101. 29
(a) In this title the following words have the meanings indicated. 30
(b) “Print disabled individual” means an individual who cannot effectively read 31
print because of a visual, physical, perceptual, developmental, cognitive, or learning 32
disability. 33
(c) “State Library Agency” means the Maryland State Library Agency. 34 4 HOUSE BILL 785
(d) “State Library Board” means the Maryland State Library Board. 1
(E) “STATE STANDARDS FOR L IBRARIES” MEANS THE PHILOSOPHY FOR THE 2
OPERATION OF A LIBRA RY THAT ADHERES TO T HE STANDARDS ENUMERA TED IN § 3
23–102.1(A) OF THIS SUBTITLE STANDARD S FOR THE CONSISTENT AND EQUITABLE 4
OPERATION OF A LIBRA RY THAT SERVE ALL CI TIZENS OF THE STATE AS 5
ESTABLISHED UNDER § 23–102.1(B) OF THIS SUBTITLE. 6
23–102.1. 7
(A) (1) IN THIS SECTION, “LIBRARY” INCLUDES: 8
(I) THE STATE LIBRARY RESOURCE CENTER; 9
(II) A REGIONAL RESOURCE CE NTER; 10
(III) A CORRECTIONAL FACILIT Y LIBRARY; 11
(IV) A COUNTY LIBRARY SYSTE M AND THE ENOCH PRATT FREE 12
LIBRARY IN BALTIMORE; 13
(V) THE MARYLAND STATE LIBRARY FOR THE BLIND AND 14
PRINT DISABLED; 15
(VI) THE MARYLAND DEAF CULTURE DIGITAL LIBRARY; AND 16
(VII) A METROPOLITAN COOPERA TIVE SERVICE PROGRAM . 17
(2) “LIBRARY” DOES NOT INCLUDE A S CHOOL LIBRARY MEDIA 18
PROGRAM ESTABLISHED BY A LOCAL SCHOOL SY STEM. 19
(B) IT IS THE GOAL POLICY OF THE STATE THAT EACH LIBRA RY IS 20
OPERATED SHALL OPERATE IN A MANNER THAT RECOGNIZES CONSISTENT WITH 21
THE FOLLOWING STANDA RDS: 22
(1) LIBRARY MATERIALS , SERVICES, AND RESOURCES EXIST AND 23
SHOULD BE PROVIDED F OR THE INTEREST , INFORMATION , AND ENLIGHTENMENT 24
OF ALL PERSONS THE L IBRARY SERVES ; 25
(2) A LIBRARY SHOULD NOT EX CLUDE MATERIAL FROM ITS 26
CATALOGUE BECAUSE OF THE ORIGIN, BACKGROUND , OR VIEWS OF A PERSON WHO 27
CREATED THE MATERIAL ; AND 28
HOUSE BILL 785 5
(3) A LIBRARY SHOULD NOT P ROHIBIT OR REMOVE MA TERIAL FROM 1
ITS CATALOGUE BECAUS E OF PARTISAN OR DOCTRINAL , IDEOLOGICAL, OR 2
RELIGIOUS DISAPPROVAL ; 3
(4) THE RIGHT TO USE A LI BRARY BELONGS TO ALL INDIVIDUALS IN 4
THE LIBRARY ’S COMMUNITY AND THAT RIGHT SHOULD NOT BE DENIED OR 5
HINDERED BECAUSE OF AN INDIVIDUAL’S ORIGIN, AGE, BACKGROUND , OR VIEWS; 6
(5) A LIBRARY SHOULD MAKE ITS PUBLIC SPAC ES AND FACILITIES 7
AVAILABLE TO ALL MEM BERS OF THE PUBLIC I T SERVES ON AN EQUIT ABLE BASIS; 8
AND 9
(6) A LIBRARY SHOULD HONOR THE RIGHT OF PRIVACY OF EACH 10
INDIVIDUAL WHO USES ITS SERVICES AND MUS T PROTECT PERSONAL D ATA AND 11
INFORMATION . 12
(B) (C) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT ANY A 13
LIBRARY, SCHOOL LIBRARY , RESOURCE CENTER , OR OTHER LIBRARY 14
ARRANGEMENT DEVELOPED BY THE STATE LIBRARY AGENCY THAT RECEIVES 15
FUNDING FROM THE STATE SHALL ADOPT AND FOLLOW A W RITTEN POLICY FOR 16
OPERATION OF A LIBRARY THA T IS CONSISTENT WITH THE STATE STANDARDS FOR 17
LIBRARIES ENUMERATED IN UNDER SUBSECTION (A) (B) OF THIS SECTION. 18
23–105. 19
(a) In addition to the other powers granted and duties imposed by this article, the 20
State Library Board has the powers and duties set forth in this section. 21
(b) The State Library Board shall appoint the State Librarian. 22
(c) The State Library Board shall exercise general direction and control of library 23
development in this State and may: 24
(1) Adopt rules and regulations necessary to administer this title; 25
(2) After considering the recommendations of the State Librarian, 26
establish library policies and procedures for the statewide system of libraries; 27
(3) Consider the library needs of this State and recommend to the Governor 28
and the General Assembly desirable legislation; and 29
(4) With the approval of the Governor, accept, administer, and spend any 30
appropriation, gift, or grant for library purposes from the federal government or from any 31
other person. 32
6 HOUSE BILL 785
(d) In accordance with the bylaws, rules, and regulations of the State Board of 1
Education, the State Superintendent shall certificate professional library personnel. 2
(e) (1) Each year the State Library Board shall report to the Governor and the 3
people of this State on the support, condition, progress, and needs of libraries. 4
(2) The report required under paragraph (1) of this subsection shall include 5
any findings of the State Library Agency related to its duties under § 23–106(b)(4) of this 6
subtitle. 7
(f) The State Library Board shall approve county public library capital projects 8
for State funding in accordance with § 23–509 of this title. 9
(G) THE STATE LIBRARY BOARD SHALL DEVELOP P OLICIES FOR THE 10
OPERATION OF LIBRARI ES THAT ALIGN ARE CONSISTENT WITH THE STATE 11
STANDARDS FOR LIBRAR IES. 12
23–106. 13
(a) In addition to any other powers granted and duties imposed by this title, and 14
subject to the authority of the State Library Board, the State Library Agency has the 15
powers and duties set forth in this section. 16
(b) The State Library Agency shall: 17
(1) Provide leadership and guidance for the planning and coordinated 18
development of library and information service in this State; 19
(2) Develop statewide public and school library services and networks, 20
resource centers, and other arrangements to meet the library and information needs of this 21
State; 22
(3) Provide professional and technical advice on improving library services 23
in this State to: 24
(i) Public and school library officials; 25
(ii) Higher education and special library officials; 26
(iii) State government agencies; and 27
(iv) Any other person; 28
(4) (i) Collect library statistics and other data; 29
(ii) Identify library needs and provide for needed research and 30
studies of them; and 31 HOUSE BILL 785 7
(iii) Coordinate library services with other information and education 1
services and agencies; 2
(5) Administer federal and State funds appropriated to it by the State for 3
library purposes; 4
(6) (i) Develop and recommend professional standards and policies for 5
libraries; and 6
(ii) Establish requirements and procedures for the certification of 7
librarians and library personnel; 8
(7) Provide: 9
(i) Specialized library service to the blind and other print disabled 10
individuals in this State; and 11
(ii) Other desirable specialized library services; 12
(8) Encourage, advise, and assist in establishing, operating, and 13
coordinating libraries at State institutions and agencies and administer the operation of 14
library and information services for the State Library Board; 15
(9) Administer the State grant program for county public library capital 16
projects, in accordance with § 23–509 of this title; 17
(10) Adopt guidelines for the administration of public libraries and 18
recommend to the State Library Board rules and regulations to implement this title; 19
(11) Cooperate with national library agencies and those of any other state; 20
(12) Develop a Deaf Culture Digital Library in accordance with § 23–109 of 21
this subtitle; [and] 22
(13) ENSURE THAT EACH LIBR ARY AS DEFINED IN § 23–102.1 OF THIS 23
SUBTITLE THAT RECEIVES STATE FUNDS IS OPERAT ED IN A MANNER CONSI STENT 24
WITH THE STATE STANDARDS FOR L IBRARIES; AND 25
(14) Perform any other duty necessary for its proper operation. 26
23–202. 27
(a) The boards of library trustees of at least three public library systems outside 28
the standard metropolitan statistical areas defined by the United States Bureau of the 29
Census may request the State Library Board to establish and maintain a regional resource 30
center. 31 8 HOUSE BILL 785
(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
(d) (1) There is a board of advisors for each regional resource center that shall 9
act as the Regional Advisory Council. 10
(2) The Council consists of: 11
(i) The director of the regional resource center; and 12
(ii) The director of each member library system. 13
(3) The Council for each regional resource center shall: 14
(i) Gather information on the resource needs of its region; and 15
(ii) Promote the use of the regional resource center. 16
(e) (1) The director of the regional resource center is the executive officer of 17
the regional resource center. 18
(2) The director: 19
(i) Is appointed by the governing board established in accordance 20
with § 23–202.1 of this subtitle; and 21
(ii) Shall serve at the pleasure of the governing board. 22
(3) The director shall: 23
(i) Be eligible for certification as a professional library director by 24
the State Superintendent of Schools as set forth in COMAR 14.38.01.01; 25
(ii) Have the powers and duties set forth in this title; and 26
(iii) Appoint, promote, fix salaries, assign duties, and terminate 27
personnel of the regional resource center. 28
HOUSE BILL 785 9
(f) (1) The director shall operate the regional resource center in accordance 1
with: 2
(i) The standards adopted by the State Library Board; and 3
(ii) The policies adopted by the governing board. 4
(2) The director shall: 5
(i) Prepare and submit for the approval of the governing board the 6
annual budget of the regional resource center; 7
(ii) Adopt and submit for the approval of the governing board 8
reasonable rules and bylaws to carry out this section; and 9
(iii) Recommend to the governing board the purchase, condemnation, 10
rental, use, sale, or conveyance of property for any valid purpose under this section. 11
(g) (1) The policies and procedures of the regional resource center shall be: 12
[(1)] (I) Recommended by the board of trustees of the library designated 13
as the regional resource center; and 14
[(2)] (II) Approved by the Council. 15
(2) THE POLICIES AND PROC EDURES FOR OPERATION OF THE 16
REGIONAL RESOURCE CE NTER SHALL BE CONSIS TENT WITH THE STATE STANDARDS 17
FOR LIBRARIES. 18
(h) Each regional resource center shall: 19
(1) Make interlibrary loans of books and materials; 20
(2) Supply collections and exhibits of specialized materials; 21
(3) Provide consultant services; 22
(4) Organize in–service training for library staffs; and 23
(5) Develop and operate cooperative services among libraries. 24
23–202.1. 25
(a) There is a governing board for each regional resource center. 26
10 HOUSE BILL 785
(b) (1) Except as provided in paragraph (2) of this subsection, a governing 1
board consists of the following members: 2
(i) A library trustee from each participating library system; and 3
(ii) Up to one member of the public from each area served by the 4
participating library systems. 5
(2) (i) The board of trustees of the Washington County Free Library 6
shall act as the governing board for the Western Maryland Regional Resource Center. 7
(ii) The bylaws adopted by the board of trustees of the Washington 8
County Free Library shall govern the composition, appointment, qualifications, terms, and 9
structure of the governing board. 10
(c) A member appointed to a governing board must: 11
(1) Be of good character; 12
(2) Have demonstrated ability and interest in library matters; and 13
(3) Be a resident of one of the counties participating in and being served by 14
the regional resource center. 15
(d) (1) Subject to paragraph (2) of this subsection, the members of the 16
governing board shall be appointed by the governing board. 17
(2) The initial members of a governing board shall be appointed by the 18
Regional Advisory Council of the regional resource center. 19
(e) A member of a governing board: 20
(1) May not receive compensation as a member of the governing board; but 21
(2) Is entitled to reimbursement for expenses in accordance with the rules, 22
policies, and bylaws of the regional resource center. 23
(f) (1) Each member serves for a term of 5 years beginning July 1 immediately 24
following the member’s appointment and until a successor is appointed and qualifies. 25
(2) A member may not serve for more than two consecutive terms. 26
(3) (i) The governing board shall appoint a qualified individual to fill 27
any vacancy in the member’s position for the remainder of that term until a successor is 28
appointed and qualifies. 29
HOUSE BILL 785 11
(ii) A member appointed to fill a vacancy under subparagraph (i) of 1
this paragraph may serve for two additional terms. 2
(g) (1) A governing board shall elect a chair from among its members each 3
year. 4
(2) A governing board may elect any other officers determined necessary 5
by the board. 6
(3) If a governing board elects a treasurer, the treasurer shall be 7
appropriately bonded. 8
(h) (1) A governing board: 9
(i) Shall determine the time and place of its meetings; and 10
(ii) May adopt rules for the conduct of its meetings. 11
(2) A governing board shall meet at least once every 3 months. 12
(3) A governing board is subject to the Open Meetings Act. 13
(4) A majority of the appointed members of the governing board is a 14
quorum. 15
(i) (1) A member of a governing board who fails to attend at least 50% of the 16
scheduled meetings of the board during any consecutive 12–month period shall be 17
considered to have resigned. 18
(2) If the member has been unable to attend meetings for reasons 19
satisfactory to the governing board, the governing board may waive the resignation. 20
(3) The chair of a governing board shall report the member’s name and 21
nonattendance to the State Library Board within 45 days after the end of the 12–month 22
period. 23
(4) The governing board shall fill any vacancy in accordance with 24
subsection (f) of this section. 25
(j) (1) In addition to the other powers expressly granted and duties imposed 26
by this subtitle, a governing board has the powers and duties set forth in this subsection. 27
(2) A governing board shall: 28
(i) Select and appoint, with the advice of the State Librarian, a 29
professional librarian to serve as director of the regional resource center; 30
12 HOUSE BILL 785
(ii) Determine the policies of the regional resource center; 1
(iii) Adopt reasonable rules and bylaws for the use of the regional 2
resource center and the conduct of its business; 3
(iv) Approve the regional resource center budget; 4
(v) In accordance with the regulations and laws of the State, receive, 5
account for, control, and supervise the spending of all public funds received by the regional 6
resource center; 7
(VI) ADOPT AND FOLLOW A WRITTEN POLICY FOR OPERATION 8
OF THE REGIONAL RESO URCE CENTER THAT IS CONSISTENT W ITH THE STATE 9
STANDARDS FOR LIBRAR IES AND CONDUCT THE OPER ATION OF THE REGIONAL 10
RESOURCE CENTER IN A MAN NER CONSISTENT WITH THE WRITTEN POLICY; 11
[(vi)] (VII) Publish the results of the audit conducted under 12
paragraph (4)(ii) of this subsection; and 13
[(vii)] (VIII) Submit a report to the State Librarian on or before 14
November 1 each year that includes: 15
1. The amount of money received from the library fund and 16
other sources; 17
2. Itemized expenses; 18
3. The number of books and periodicals in the possession of 19
and owned by the regional resource center; 20
4. The results of the annual audit; and 21
5. Any other information required by the State Library 22
Board. 23
(3) A governing board may: 24
(i) Apply, accept, and expend any gift, appropriation, or grant from 25
the State, county, or federal government or any other person on behalf of the regional 26
resource center; 27
(ii) Recommend the purchase, condemnation, rental, acquisition, 28
use, or conveyance of property for any valid purpose under this section; 29
HOUSE BILL 785 13
(iii) Recommend plans for the regional resource centers, including 1
the use of facilities of participating libraries, additions to the facilities of participating 2
libraries, or new facilities separate from the existing facilities of participating libraries; 3
(iv) Select the location of and approve plans for the erection of 4
regional resource center buildings, subject to the approval of the State Library Board and 5
the Governor; 6
(v) Make agreements with any person for any library service; and 7
(vi) Perform any other actions necessary for the proper control and 8
development of the regional resource center. 9
(4) In addition to other reports that may be required by the State Library 10
Board, the Board shall: 11
(i) Keep records that are consistent with sound business practices 12
and accounting records that use generally accepted accounting principles; 13
(ii) Cause an audit by an independent certified public accountant 14
approved by the State Librarian to be made of the accounts and transactions of the regional 15
resource center at the conclusion of each fiscal year; and 16
(iii) For any State money, be subject to an audit by the Office of 17
Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government 18
Article. 19
(K) THE GOVERNING BOARD M AY NOT DISMISS , SUSPEND, DISCIPLINE, 20
DEMOTE, REASSIGN, TRANSFER, OR OTHERWISE RETALIATE AG AINST AN EMPLOYEE 21
FOR ACTING IN A MANN ER CONSISTENT WITH T HE REGIONAL RESOURCE CENTER’S 22
WRITTEN POLICY IMPLE MENTING THE STATE STANDARDS FOR L IBRARIES. 23
23–205. 24
(a) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION , EACH year, the 25
State Library Board may include in its budget operating funds for: 26
(1) The State Library Resource Center; 27
(2) Each regional resource center; 28
(3) The Maryland Library for the Blind and Print Disabled; 29
(4) The Deaf Culture Digital Library; and 30
(5) Each metropolitan cooperative service program. 31
14 HOUSE BILL 785
(b) (1) [The] SUBJECT TO SUBSECTION (G) OF THIS SECTION , THE State 1
shall pay all capital expenses for: 2
(i) The State Library Resource Center; and 3
(ii) Each regional resource center. 4
(2) Before any money is spent under this subsection, the appropriate board 5
of library trustees shall: 6
(i) Have the project approved by the State Library Board; 7
(ii) Through the State Library Board, submit the request to the 8
Department of Budget and Management for consideration under Title 3, Subtitle 6 of the 9
State Finance and Procurement Article; and 10
(iii) Agree to reimburse the State Library Board an amount the State 11
Library Board determines if the facility ceases to be used for a resource center or 12
cooperative service program. 13
(c) (1) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION, EACH year 14
each participating regional resource center shall receive a minimum amount of funding for 15
each resident of the area served, to be used for operating and capital expenses. 16
(2) The allocation shall be calculated as follows: 17
(i) For each of fiscal years 2011 through 2015............ $6.75 per each 18
resident of the area served; 19
(ii) For fiscal year 2016.................................................. $6.95 per each 20
resident of the area served; 21
(iii) For fiscal year 2017.................................................. $7.15 per each 22
resident of the area served; 23
(iv) For fiscal year 2018.................................................. $7.55 per each 24
resident of the area served; 25
(v) For fiscal year 2019.................................................. $7.95 per each 26
resident of the area served; 27
(vi) For fiscal year 2020.................................................. $8.35 per each 28
resident of the area served; 29
(vii) For fiscal year 2021.................................................. $8.55 per each 30
resident of the area served; 31
HOUSE BILL 785 15
(viii) For fiscal year 2022.................................................. $8.75 per each 1
resident of the area served; 2
(ix) For fiscal year 2023.................................................. $9.19 per each 3
resident of the area served; 4
(x) For fiscal year 2024.................................................. $9.39 per each 5
resident of the area served; 6
(xi) For fiscal year 2025.................................................. $9.59 per each 7
resident of the area served; 8
(xii) For fiscal year 2026.................................................. $9.79 per each 9
resident of the area served; and 10
(xiii) For fiscal year 2027 and each fiscal year 11
thereafter…………………………………………………………………………... …. $9.99 per each 12
resident of the area served. 13
(d) (1) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION, EACH year 14
the State Library Resource Center shall receive a minimum amount of funding for each 15
State resident in the previous fiscal year, to be used for operating and capital expenses. 16
(2) The allocation shall be calculated as follows: 17
(i) For each of fiscal years 2010 through 2016............ $1.67 per State 18
resident; 19
(ii) For fiscal year 2017................................................. $1.69 per State 20
resident; 21
(iii) For fiscal year 2018................................................. $1.73 per State 22
resident; 23
(iv) For fiscal year 2019................................................. $1.77 per State 24
resident; 25
(v) For fiscal year 2020................................................. $1.81 per State 26
resident; 27
(vi) For fiscal year 2021................................................. $1.85 per State 28
resident; 29
(vii) For fiscal year 2022................................................. $1.89 per State 30
resident; 31
16 HOUSE BILL 785
(viii) For fiscal year 2023................................................. $1.93 per State 1
resident; and 2
(ix) For fiscal year 2024 and each fiscal year 3
thereafter........................................................................................................... $1.97 per State 4
resident. 5
(e) [Beginning] SUBJECT TO SUBSECTION (G) OF THIS SECTION, BEGINNING 6
in fiscal year 2016 and in each fiscal year thereafter, the Maryland Library for the Blind 7
and Print Disabled shall receive an amount equivalent to at least 25% of the amount 8
received by the State Library Resource Center for the same fiscal year under subsection (d) 9
of this section. 10
(f) (1) The State Library Board shall: 11
(i) Disburse funds to the State and regional resource centers, the 12
Maryland Library for the Blind and Print Disabled, and metropolitan cooperative service 13
programs; and 14
(ii) Require that these funds be used subject to any conditions 15
specified by the appropriating agency or imposed under this subtitle. 16
(2) The State Library Board may authorize the State Comptroller to 17
withhold funds from any regional resource center or metropolitan cooperative service 18
program that fails to meet the standards adopted by the State Library Board. 19
(G) (1) RECEIPT OF FUNDING UN DER THIS SECTION IS CONTINGENT ON A 20
LIBRARY, RESOURCE CENTER , OR METROPOLITAN COOPERATIVE SERVICE 21
PROGRAM ADOPTING A W RITTEN POLICY FOR OPERATION OF THE LIBRARY, 22
CENTER, OR PROGRAM THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR 23
LIBRARIES. 24
(2) THE STATE LIBRARIAN SHALL AUTHO RIZE THE STATE 25
COMPTROLLER TO WITHHO LD STATE FUNDS FROM A LI BRARY, RESOURCE CENTER , 26
OR COOPERATIVE SERVI CE PROGRAM THAT DOES NOT ADOPT A WRITTEN POLICY 27
THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR L IBRARIES 28
(I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS 29
FROM ANY REGIONAL RE SOURCE CENTER OR MET ROPOLITAN COOPERATIV E 30
SERVICE PROGRAM THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO 31
MEET THE STATE STANDARDS FOR L IBRARIES. 32
(II) THE COMPTROLLER SHALL CONTINUE TO WITHHOLD 33
FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UN TIL THE STATE LIBRARY 34
BOARD CERTIFIES THAT THE REGIONAL RESOURC E CENTER OR METROPOL ITAN 35 HOUSE BILL 785 17
COOPERATIVE SERVICE PROGRAM HAS ADOPTED A WRITTEN POLICY CON SISTENT 1
WITH THE STATE STANDARDS FOR L IBRARIES. 2
23–406. 3
(a) Each board of library trustees: 4
(1) Shall select and appoint a professional librarian eligible for certification 5
as director of the library to serve at the pleasure of the board; and 6
(2) May delegate to the director its authority to appoint any other 7
necessary employees. 8
(b) Each board of library trustees shall establish policies for: 9
(1) Staff classification; 10
(2) Salaries; 11
(3) Work conditions; 12
(4) Suspension with pay; 13
(5) Grievance procedures; 14
(6) Benefits, including vacation and sick leave; 15
(7) Hours of work; and 16
(8) Any other personnel procedures and practices necessary for the efficient 17
operation of the library. 18
(c) Each professional public librarian appointee to the professional library staff: 19
(1) Shall hold a certificate of library qualifications issued by the State 20
Superintendent; or 21
(2) (i) Shall be eligible for State certification as a professional public 22
librarian; and 23
(ii) Shall apply for certification within 6 months of starting 24
employment. 25
(d) (1) The director or the director’s designee may suspend a library employee 26
without pay for a specified period up to 10 working days, for the following reasons: 27
(i) Misconduct in office; 28 18 HOUSE BILL 785
(ii) Insubordination; 1
(iii) Incompetency; or 2
(iv) Willful neglect of duty. 3
(2) (i) The director or the director’s designee shall give the suspended 4
employee a written statement that specifies the reasons for the suspension. 5
(ii) The director or the director’s designee shall place a copy of the 6
written statement that specifies the reasons for the suspension in the employee’s official 7
personnel file. 8
(3) (i) The employee shall have the opportunity to reply in writing to 9
the director within 10 working days after the employee receives notice of the suspension. 10
(ii) The employee may request a hearing before the board of trustees 11
within 10 working days after receiving notice of the suspension. 12
(iii) If the employee requests a hearing within the 10–day period, the 13
board shall promptly hold a hearing, but a hearing may not be set within 10 working days 14
after the board sends the employee a notice of the hearing. 15
(4) If an employee is suspended without pay and found not guilty of the 16
reasons for the suspension, the board shall refund all pay benefits lost by reason of the 17
suspension to the employee. 18
(5) Suspension of an employee with pay shall be as provided by the library’s 19
personnel policy. 20
(e) (1) On written recommendation of the library director, each board of 21
library trustees may dismiss any library employee under its jurisdiction for any of the 22
following reasons: 23
(i) Misconduct in office; 24
(ii) Insubordination; 25
(iii) Incompetency; or 26
(iv) Willful neglect of duty. 27
(2) (i) Before removing an employee, the director shall send the 28
employee a written copy of the charges against the employee and give the employee an 29
opportunity to request a hearing before the board within 10 working days. 30
HOUSE BILL 785 19
(ii) If the employee requests a hearing within the 10–day period the 1
board promptly shall hold a hearing, but a hearing may not be set within 10 working days 2
after the board sends the employee a notice of the hearing. 3
(iii) The employee shall have an opportunity to be heard publicly 4
before the board in his own defense, in person or by counsel and to bring witnesses to the 5
hearing. 6
(3) If the board votes to remove the employee and: 7
(i) The decision is unanimous, the decision of the board is final; or 8
(ii) The decision is not unanimous, the employee may appeal to the 9
State Library Board through the State Librarian. 10
(F) IF THE BOARD OF LIBRA RY TRUSTEES ADOPTS A WRITTEN POLICY 11
CONSISTENT WITH THE STATE STANDARDS FOR L IBRARIES, AN EMPLOYEE MAY NOT 12
BE DISMISSED, SUSPENDED, DISCIPLINED, DEMOTED, REASSIGNED, TRANSFERRED , 13
OR OTHERWISE RETALIA TED AGAINST FOR ACTING IN A MANNER PERFORMING 14
THEIR JOB DUTIES CONSISTENT WITH THE ADOPTED WRITTEN POLI CY. 15
[(f)] (G) The director of each library shall: 16
(1) Act as the general executive officer of the library and be responsible for 17
the management of its operations in accordance with policies approved by the board of 18
library trustees; 19
(2) Prepare the annual budget of the library, and present it to the board for 20
approval; 21
(3) Nominate for appointment all library employees in the county library 22
system; and 23
(4) Establish reasonable rules and adopt regulations for the use of the 24
library system subject to approval by the board of library trustees. 25
23–408. 26
(a) A person may not KNOWINGLY AND unlawfully take, detain, mutilate, injure, 27
or disfigure any book, map, picture, engraving, manuscript, or other property of any library. 28
(b) Any person who violates this section is guilty of a misdemeanor and on 29
conviction is subject to a fine not exceeding [$250] $1,000, imprisonment not exceeding 3 30
months, or both. 31
23–503. 32 20 HOUSE BILL 785
(a) (1) The entire capital and operating cost of the minimum library program 1
for this State as a whole shall be shared as provided in this subsection. 2
(2) [The] SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE State 3
shall provide: 4
(i) Approximately 40 percent of the total cost of the minimum 5
program; and 6
(ii) Not less than 20 percent of the cost of the minimum program in 7
any county. 8
(3) The counties participating in the program together shall provide 9
through local taxes approximately 60 percent of the total statewide cost of the minimum 10
program. 11
(b) (1) [Each] SUBJECT TO SUBSECTION (D) OF THIS SECTION , EACH 12
county public library system that participates in the minimum library program shall be 13
provided for each resident of the county, to be used for operating and capital expenses: 14
(i) For each of fiscal years 2011 through 2015 – $14.00; 15
(ii) For fiscal year 2016 – $14.27; 16
(iii) For fiscal year 2017 – $14.54; 17
(iv) For fiscal year 2018 – $15.00; 18
(v) For fiscal year 2019 – $15.50; 19
(vi) For fiscal year 2020 – $16.00; 20
(vii) For fiscal year 2021 – $16.43; 21
(viii) For fiscal year 2022 – $17.10; 22
(ix) For fiscal year 2023 – $17.50; 23
(x) For fiscal year 2024 – $17.90; 24
(xi) For fiscal year 2025 – $18.30; 25
(xii) For fiscal year 2026 – $18.70; and 26
(xiii) For fiscal year 2027 and each fiscal year thereafter – $19.10. 27
HOUSE BILL 785 21
(2) (i) [The] SUBJECT TO SUBSECTION (D) OF THIS SECTION , THE 1
State shall share in this amount. 2
(ii) Any county may provide an amount greater than its share under 3
the cooperative program, but the State may not share in the excess. 4
(c) Any employer Social Security contributions required by federal law for any 5
employee in a county public library system shall remain the obligation of the employer. 6
(D) (1) RECEIPT OF STATE FUNDING FOR A C OUNTY LIBRARY SYSTEM 7
THAT PARTICIPATES IN THE MINIMUM LIBRARY PROGRAM UNDER THIS S ECTION IS 8
CONTINGENT ON THE BO ARD OF LIBRARY TRUST EES ADOPTING A WRITTEN POLICY 9
FOR OPERATION OF THE COUNTY LIBRARY SYSTE M THAT IS CONSISTENT W ITH THE 10
STATE STANDARDS FOR L IBRARIES. 11
(2) THE STATE LIBRARIAN SHALL AUTHO RIZE THE STATE 12
COMPTROLLER TO WITHHO LD STATE FUNDS FROM A CO UNTY PUBLIC LIBRARY 13
SYSTEM THAT DOES NOT ADOPT A WRITTEN POLI CY THAT IS CONSISTEN T WITH THE 14
STATE STANDARDS FOR L IBRARIES 15
(I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS 16
FROM A COUNTY LIBRAR Y SYSTEM THAT THE STATE LIBRARY BOARD CERTIFIES 17
HAS FAILED TO MEET T HE STATE STANDARDS FOR L IBRARIES. 18
(II) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD 19
FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UN TIL THE STATE LIBRARY 20
BOARD CERTIFIES THAT THE COUNTY LIBRARY S YSTEM HAS ADOPTED A WRITTEN 21
POLICY CONSISTENT WI TH THE STATE STANDARDS FOR L IBRARIES. 22
23–506. 23
(a) The State Librarian shall authorize the payment of funds under this subtitle: 24
(1) To the board of library trustees of each county that has a board of 25
trustees; or 26
(2) In each county that does not have a board of library trustees, to the 27
county. 28
(b) (1) Current operating funds shall be administered by the county board of 29
library trustees. 30
(2) Capital expense funds shall be administered by the county council, 31
board of county commissioners, or Mayor and City Council of Baltimore City. 32
22 HOUSE BILL 785
(c) (1) The funds provided under this subtitle may be used only for library 1
purposes. 2
(2) The State Librarian shall require that these funds be used subject to 3
[any]: 4
(I) THE ADOPTION OF A WRI TTEN POLICY FOR OPERATION OF 5
THE COUNTY LIBRARY S YSTEM CONSISTENT WITH THE STATE STANDARDS FOR 6
LIBRARIES BY EACH BO ARD OF LIBRARY TRUST EES OR, IF THE COUNTY DOES N OT 7
HAVE A BOARD OF LIBR ARY TRUSTEES , THE COUNTY GOVERNMEN T; AND 8
(II) ANY OTHER conditions specified by the appropriating agency or 9
imposed under this subtitle. 10
23–507. 11
(A) The State Librarian shall authorize the State Comptroller to withhold State 12
funds from any county that fails: 13
(1) To appropriate the amount of its share of the minimum program; or 14
(2) To meet the requirements of the law or of the State Library Board for 15
operating the county library, INCLUDING THE REQUIR EMENT THAT THE COUNT Y 16
LIBRARY BE OPERATED IN A MANNER THAT IS CONSISTENT WITH THE STATE 17
STANDARDS FOR LIBRAR IES. 18
(B) (1) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS FROM A 19
COUNTY THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO OPERATE 20
THE COUNTY LIBRARY S YSTEM CONSISTENT WIT H THE STATE STANDARDS FOR 21
LIBRARIES. 22
(2) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD FU NDS 23
UNDER PARAGRAPH (1) OF THIS SUBSECTION U NTIL THE STATE LIBRARY BOARD 24
CERTIFIES THAT THE C OUNTY HAS ADOPTED A WRITTEN POLICY FOR T HE 25
OPERATION OF THE COU NTY LIBRARY SYSTEM C ONSISTENT WITH THE STATE 26
STANDARDS FOR LIBRAR IES. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
1, 2024 is an emergency measure, is necessary for the immediate preservation of the public 29
health or safety, has been passed by a yea and nay vote supported by three–fifths of all the 30
members elected to each of the two Houses of the General Assembly, and shall take effect 31
from the date it is enacted. 32