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.
*hb0785*
HOUSE BILL 785
F5 EMERGENCY BILL (4lr0417)
ENROLLED BILL
— Ways and Means/Education, Energy, and the Environment —
Introduced by Delegates D. Jones, A. Jones, Atterbeary, Ebersole, and Wilkins
Wilkins, Fair, Feldmark, Grossman, Mireku –North, Palakovich Carr, and
Wu
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 785
the State Librarian to authorize the State Comptroller to withhold funding from 1
libraries under certain circumstances; prohibiting county boards of education and 2
the governing bodies of certain libraries from retaliating against employees for 3
acting in a manner performing their job duties consistent with the State standards 4
for libraries under certain circumstances; requiring a certain action involving the 5
property of a library to be committed knowingly in order to be considered a crime; 6
altering the maximum fine for a certain crime involving the property of a library; 7
and generally relating to the establishment of the State policies and standards for 8
libraries in the State. 9
BY adding to 10
Article – Education 11
Section 4–142 and 23–102.1 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Education 16
Section 23–101, 23–105, 23–106, 23–202, 23–202.1, 23–205, 23–406, 23–408, 23–503, 17
23–506, and 23–507 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2023 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Education 23
4–142. 24
(A) IN THIS SECTION , “STATE STANDARDS FOR L IBRARIES” HAS THE 25
MEANING STATED IN § 23–101 OF THIS ARTICLE. 26
(A) IT IS THE POLICY OF T HE STATE THAT EACH LOCAL SCHOOL SYSTEM 27
OPERATE ITS SCHOOL L IBRARY MEDIA PROGRAM CONSISTENT WITH THE 28
FOLLOWING STANDARDS : 29
(1) THE MATERIALS , SERVICES, AND RESOURCES PROVID ED IN A 30
SCHOOL LIBRARY MEDIA PROGRAM ARE PROVIDED FOR TH E INTEREST , 31
INFORMATION , AND INSTRUCTIONAL SU PPORT OF STUDENTS AN D SCHOOL 32
PERSONNEL OF THE SCH OOLS THE PROGRAM SER VES; 33
(2) MATERIALS MAY NOT BE EXCLUDED FROM A SCHO OL LIBRARY 34
MEDIA PROGRAM SOLELY BECAUSE OF THE ORIGI N, BACKGROUND , OR VIEWS OF 35
THE INDIVIDUAL WHO CREATED THE MATERIAL; AND 36
HOUSE BILL 785 3
(3) MATERIALS MAY NOT BE EXCLUDED OR REMOVED FROM THE 1
CATALOGUE OF A SCHOO L LIBRARY MEDIA PROG RAM BECAUSE OF PARTI SAN, 2
IDEOLOGICAL, OR RELIGIOUS DISAPPR OVAL; 3
(4) THE RIGHT TO USE A SC HOOL LIBRARY BELONGS TO ALL 4
STUDENTS AND SCHOOL PERSONNEL SERVED BY THE LIBRARY AND THAT RIGHT 5
SHOULD NOT BE DENIED OR HINDERED BECAUSE OF AN INDIVIDUAL ’S ORIGIN, 6
BACKGROUND , OR VIEWS; 7
(5) A SCHOOL LIBRARY SHOUL D MAKE ITS PUBLIC SP ACES AND 8
FACILITIES AVAILABLE TO ALL STUDENTS AND SCHOOL PERSONNEL ON AN 9
EQUITABLE BASIS ; AND 10
(6) A SCHOOL LIBRARY SHOUL D HONOR THE RIGHT OF PRIVACY OF 11
EACH STUDENT AND EAC H SCHOOL EMPLOYEE WH O USES ITS SERVICES AND MUST 12
PROTECT PERSONAL DAT A AND INFORMATION . 13
(B) (1) EACH LOCAL SCHOOL SYS TEM SHALL DE VELOP AND IMPLEMENT 14
A POLICY AND PROCEDU RES TO REVIEW OBJECT IONS TO MATERIALS IN THE SCHOOL 15
LIBRARY MEDIA PROGRA M. 16
(2) THE POLICY AND PROCED URES DEVELOPED UNDER PARAGRAPH 17
(1) OF THIS SUBSECTION S HALL: 18
(I) ESTABLISH A UNIFORM P ROCESS TO SUBMIT AN OBJECTION 19
TO MATERIALS IN A SC HOOL LIBRARY MEDIA P ROGRAM BY A STUDENT , PARENT OR 20
GUARDIAN OF A STUDEN T ENROLLED IN A SCHO OL IN THE LOCAL SCHO OL SYSTEM, 21
OR SCHOOL PERSONNEL ; 22
(II) REQUIRE MATERIALS UND ER REVIEW DUE TO AN 23
OBJECTION TO REMAIN AVAILABLE FOR USE BY STUDENTS AND SCHOOL 24
PERSONNEL UNTIL THE REVIEW PROCESS HAS C ONCLUDED; AND 25
(III) ESTABLISH A REASONABL E TIMELINE TO CONDUC T AND 26
CONCLUDE THE REVIEW PROCESS IN A TIMELY MANNER. 27
(B) (C) A COUNTY BOARD MAY NOT DISMISS, DEMOTE, SUSPEND, 28
DISCIPLINE, REASSIGN, TRANSFER, OR OTHERWISE RETALIA TE AGAINST A 29
LIBRARIAN OR, A CERTIFIED LIBRARY MEDIA SPECIALIST , OR SCHOOL LIBRARY 30
MEDIA PROGRAM SUPPOR T STAFF EMPLOYED BY A COUNTY BOARD MAY NOT BE 31
DISMISSED, DEMOTED, SUSPENDED, DISCIPLINED, REASSIGNED, TRANSFERRED , OR 32
OTHERWISE RETALIATED AGAINST FOR ACTING I N A MANNER FOR PERFORMING 33
THEIR JOB DUTIES CONSISTENT WITH THE STATE STANDARDS FOR L IBRARIES 34
STANDARDS DESCRIBED UNDER SUBSECTION (A) OF THIS SECTION. 35 4 HOUSE BILL 785
23–101. 1
(a) In this title the following words have the meanings indicated. 2
(b) “Print disabled individual” means an individual who cannot effectively read 3
print because of a visual, physical, perceptual, developmental, cognitive, or learning 4
disability. 5
(c) “State Library Agency” means the Maryland State Library Agency. 6
(d) “State Library Board” means the Maryland State Library Board. 7
(E) “STATE STANDARDS FOR L IBRARIES” MEANS THE PHILOSOPHY FOR THE 8
OPERATION OF A LIBRA RY THAT ADHERES TO T HE STANDARDS ENUMERA TED IN § 9
23–102.1(A) OF THIS SUBTITL E STANDARDS FOR THE CO NSISTENT AND EQUITAB LE 10
OPERATION OF A LIBRA RY THAT SERVE ALL CI TIZENS OF THE STATE AS 11
ESTABLISHED UNDER § 23–102.1(B) OF THIS SUBTITLE. 12
23–102.1. 13
(A) (1) IN THIS SECTION, “LIBRARY” INCLUDES: 14
(I) THE STATE LIBRARY RESOURCE CENTER; 15
(II) A REGIONAL RESOURCE CE NTER; 16
(III) A CORRECTIONAL FACILIT Y LIBRARY; 17
(IV) A COUNTY LIBRARY SYSTE M AND THE ENOCH PRATT FREE 18
LIBRARY IN BALTIMORE; 19
(V) THE MARYLAND STATE LIBRARY FOR THE BLIND AND 20
PRINT DISABLED; 21
(VI) THE MARYLAND DEAF CULTURE DIGITAL LIBRARY; AND 22
(VII) A METROPOLITAN COOPERA TIVE SERVICE PROGRAM . 23
(2) “LIBRARY” DOES NOT INCLUDE A S CHOOL LIBRARY MEDIA 24
PROGRAM ESTABLISHED BY A LOCAL SCHOOL SY STEM. 25
(B) IT IS THE GOAL POLICY OF THE STATE THAT EACH LIBRA RY IS 26
OPERATED SHALL OPERATE IN A MANNER THAT RECOGNIZES CONSISTENT WITH 27
THE FOLLOWING STANDA RDS: 28 HOUSE BILL 785 5
(1) LIBRARY MATERIALS , SERVICES, AND RESOURCES EXIST AND 1
SHOULD BE PROVIDED F OR THE INTEREST , INFORMATION , AND ENLIGHTENMENT 2
OF ALL PERSONS THE LIBR ARY SERVES; 3
(2) A LIBRARY SHOULD NOT E XCLUDE MATERIAL FROM ITS 4
CATALOGUE BECAUSE OF THE ORIGIN, BACKGROUND , OR VIEWS OF A PERSON WHO 5
CREATED THE MATERIAL ; AND AND 6
(3) A LIBRARY SHOULD NOT P ROHIBIT OR REMOVE MA TERIAL FROM 7
ITS CATALOGUE BECAUSE OF PAR TISAN OR DOCTRINAL , IDEOLOGICAL, OR 8
RELIGIOUS DISAPPROVAL ; 9
(4) THE RIGHT TO USE A LI BRARY BELONGS TO ALL INDIVIDUALS IN 10
THE LIBRARY ’S COMMUNITY AND THAT RIGHT SHOULD NOT BE DENIED OR 11
HINDERED BECAUSE OF AN INDIVIDUAL’S ORIGIN, AGE, BACKGROUND , OR VIEWS; 12
(5) A LIBRARY SHOULD MAKE ITS PUBLIC SPACES AN D FACILITIES 13
AVAILABLE TO ALL MEM BERS OF THE PUBLIC I T SERVES ON AN EQUIT ABLE BASIS; 14
AND 15
(6) A LIBRARY SHOULD HONOR THE RIGHT OF PRIVACY OF EACH 16
INDIVIDUAL WHO USES ITS SERVICES AND MUST PROTECT PERSONA L DATA AND 17
INFORMATION . 18
(B) (C) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT ANY A 19
LIBRARY, SCHOOL LIBRARY , RESOURCE CENTER , OR OTHER LIBRARY 20
ARRANGEMENT DEVELOPED BY THE STATE LIBRARY AGENCY THAT RECEIVES 21
FUNDING FROM THE STATE SHALL ADOPT AND FOLLOW A W RITTEN POLICY FOR 22
OPERATION OF A LIBRA RY THAT IS CONSISTENT WITH THE STATE STANDARDS FOR 23
LIBRARIES ENUMERATED IN UNDER SUBSECTION (A) (B) OF THIS SECTION. 24
23–105. 25
(a) In addition to the other powers granted and duties imposed by this article, the 26
State Library Board has the powers and duties set forth in this section. 27
(b) The State Library Board shall appoint the State Librarian. 28
(c) The State Library Board shall exercise general direction and control of library 29
development in this State and may: 30
(1) Adopt rules and regulations necessary to administer this title; 31
6 HOUSE BILL 785
(2) After considering the recommendations of the State Librarian, 1
establish library policies and procedures for the statewide system of libraries; 2
(3) Consider the library needs of this State and recommend to the Governor 3
and the General Assembly desirable legislation; and 4
(4) With the approval of the Governor, accept, administer, and spend any 5
appropriation, gift, or grant for library purposes from the federal government or from any 6
other person. 7
(d) In accordance with the bylaws, rules, and regulations of the State Board of 8
Education, the State Superintendent shall certificate professional library personnel. 9
(e) (1) Each year the State Library Board shall report to the Governor and the 10
people of this State on the support, condition, progress, and needs of libraries. 11
(2) The report required under paragraph (1) of this subsection shall include 12
any findings of the State Library Agency related to its duties under § 23–106(b)(4) of this 13
subtitle. 14
(f) The State Library Board shall approve county public library capital projects 15
for State funding in accordance with § 23–509 of this title. 16
(G) THE STATE LIBRARY BOARD SHALL DEVELOP P OLICIES FOR THE 17
OPERATION OF LIBRARIES THA T ALIGN ARE CONSISTENT WITH THE STATE 18
STANDARDS FOR LIBRAR IES. 19
23–106. 20
(a) In addition to any other powers granted and duties imposed by this title, and 21
subject to the authority of the State Library Board, the State Library Agency has the 22
powers and duties set forth in this section. 23
(b) The State Library Agency shall: 24
(1) Provide leadership and guidance for the planning and coordinated 25
development of library and information service in this State; 26
(2) Develop statewide public and school library services and networks, 27
resource centers, and other arrangements to meet the library and information needs of this 28
State; 29
(3) Provide professional and technical advice on improving library services 30
in this State to: 31
(i) Public and school library officials; 32 HOUSE BILL 785 7
(ii) Higher education and special library officials; 1
(iii) State government agencies; and 2
(iv) Any other person; 3
(4) (i) Collect library statistics and other data; 4
(ii) Identify library needs and provide for needed research and 5
studies of them; and 6
(iii) Coordinate library services with other information and education 7
services and agencies; 8
(5) Administer federal and State funds appropriated to it by the State for 9
library purposes; 10
(6) (i) Develop and recommend professional standards and policies for 11
libraries; and 12
(ii) Establish requirements and procedures for the certification of 13
librarians and library personnel; 14
(7) Provide: 15
(i) Specialized library service to the blind and other print disabled 16
individuals in this State; and 17
(ii) Other desirable specialized library services; 18
(8) Encourage, advise, and assist in establishing, operating, and 19
coordinating libraries at State institutions and agencies and administer the operation of 20
library and information services for the State Library Board; 21
(9) Administer the State grant program for county public library capital 22
projects, in accordance with § 23–509 of this title; 23
(10) Adopt guidelines for the administration of public libraries and 24
recommend to the State Library Board rules and regulations to implement this title; 25
(11) Cooperate with national library agencies and those of any other state; 26
(12) Develop a Deaf Culture Digital Library in accordance with § 23–109 of 27
this subtitle; [and] 28
8 HOUSE BILL 785
(13) ENSURE THAT EACH LIBR ARY AS DEFINED IN § 23–102.1 OF THIS 1
SUBTITLE THAT RECEIVES STATE FUNDS IS OPERAT ED IN A MANNER CONSI STENT 2
WITH THE STATE STANDARDS FOR L IBRARIES; AND 3
(14) Perform any other duty necessary for its proper operation. 4
23–202. 5
(a) The boards of library trustees of at least three public library systems outside 6
the standard metropolitan statistical areas defined by the United States Bureau of the 7
Census may request the State Library Board to establish and maintain a regional resource 8
center. 9
(b) Each regional resource center shall provide, through mutual cooperation and 10
coordination, books, information, and other material and service resources that an 11
individual library cannot provide adequately by itself. 12
(c) (1) A region to be served by a regional resource center shall have a 13
population of at least 100,000. 14
(2) Subject to approval by the State Library Board, the boards of library 15
trustees of the participating library systems shall designate the library to serve as the 16
resource center. 17
(d) (1) There is a board of advisors for each regional resource center that shall 18
act as the Regional Advisory Council. 19
(2) The Council consists of: 20
(i) The director of the regional resource center; and 21
(ii) The director of each member library system. 22
(3) The Council for each regional resource center shall: 23
(i) Gather information on the resource needs of its region; and 24
(ii) Promote the use of the regional resource center. 25
(e) (1) The director of the regional resource center is the executive officer of 26
the regional resource center. 27
(2) The director: 28
(i) Is appointed by the governing board established in accordance 29
with § 23–202.1 of this subtitle; and 30 HOUSE BILL 785 9
(ii) Shall serve at the pleasure of the governing board. 1
(3) The director shall: 2
(i) Be eligible for certification as a professional library director by 3
the State Superintendent of Schools as set forth in COMAR 14.38.01.01; 4
(ii) Have the powers and duties set forth in this title; and 5
(iii) Appoint, promote, fix salaries, assign duties, and terminate 6
personnel of the regional resource center. 7
(f) (1) The director shall operate the regional resource center in accordance 8
with: 9
(i) The standards adopted by the State Library Board; and 10
(ii) The policies adopted by the governing board. 11
(2) The director shall: 12
(i) Prepare and submit for the approval of the governing board the 13
annual budget of the regional resource center; 14
(ii) Adopt and submit for the approval of the governing board 15
reasonable rules and bylaws to carry out this section; and 16
(iii) Recommend to the governing board the purchase, condemnation, 17
rental, use, sale, or conveyance of property for any valid purpose under this section. 18
(g) (1) The policies and procedures of the regional resource center shall be: 19
[(1)] (I) Recommended by the board of trustees of the library designated 20
as the regional resource center; and 21
[(2)] (II) Approved by the Council. 22
(2) THE POLICIES AND PROC EDURES FOR OPERATION OF THE 23
REGIONAL RESOURCE CE NTER SHALL BE CONSIS TENT WITH THE STATE STANDARDS 24
FOR LIBRARIES. 25
(h) Each regional resource center shall: 26
(1) Make interlibrary loans of books and materials; 27
10 HOUSE BILL 785
(2) Supply collections and exhibits of specialized materials; 1
(3) Provide consultant services; 2
(4) Organize 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 regional resource center. 6
(b) (1) Except as provided in paragraph (2) of this subsection, a governing 7
board consists of the following members: 8
(i) A library trustee from each participating library system; and 9
(ii) Up to one member of the public from each area served by the 10
participating library systems. 11
(2) (i) The board of trustees of the Washington County Free Library 12
shall act as the governing board for the Western Maryland Regional Resource Center. 13
(ii) The bylaws adopted by the board of trustees of the Washington 14
County Free Library shall govern the composition, appointment, qualifications, terms, and 15
structure of the governing board. 16
(c) A member appointed to a governing board must: 17
(1) Be of good character; 18
(2) Have demonstrated ability and interest in library matters; and 19
(3) Be a resident of one of the counties participating in and being served by 20
the regional resource center. 21
(d) (1) Subject to paragraph (2) of this subsection, the members of the 22
governing board shall be appointed by the governing board. 23
(2) The initial members of a governing board shall be appointed by the 24
Regional Advisory Council of the regional resource center. 25
(e) A member of a governing board: 26
(1) May not receive compensation as a member of the governing board; but 27
HOUSE BILL 785 11
(2) Is entitled to reimbursement for expenses in accordance with the rules, 1
policies, and bylaws of the regional resource center. 2
(f) (1) Each member serves for a term of 5 years beginning July 1 immediately 3
following the member’s appointment and until a successor is appointed and qualifies. 4
(2) A member may not serve for more than two consecutive terms. 5
(3) (i) The governing board shall appoint a qualified individual to fill 6
any vacancy in the member’s position for the remainder of that term until a successor is 7
appointed and qualifies. 8
(ii) A member appointed to fill a vacancy under subparagraph (i) of 9
this paragraph may serve for two additional terms. 10
(g) (1) A governing board shall elect a chair from among its members each 11
year. 12
(2) A governing board may elect any other officers determined necessary 13
by the board. 14
(3) If a governing board elects a treasurer, the treasurer shall be 15
appropriately bonded. 16
(h) (1) A governing board: 17
(i) Shall determine the time and place of its meetings; and 18
(ii) May adopt rules for the conduct of its meetings. 19
(2) A governing board shall meet at least once every 3 months. 20
(3) A governing board is subject to the Open Meetings Act. 21
(4) A majority of the appointed members of the governing board is a 22
quorum. 23
(i) (1) A member of a governing board who fails to attend at least 50% of the 24
scheduled meetings of the board during any consecutive 12–month period shall be 25
considered to have resigned. 26
(2) If the member has been unable to attend meetings for reasons 27
satisfactory to the governing board, the governing board may waive the resignation. 28
(3) The chair of a governing board shall report the member’s name and 29
nonattendance to the State Library Board within 45 days after the end of the 12–month 30
period. 31 12 HOUSE BILL 785
(4) The governing board shall fill any vacancy in accordance with 1
subsection (f) of this section. 2
(j) (1) In addition to the other powers expressly granted and duties imposed 3
by this subtitle, a governing board has the powers and duties set forth in this subsection. 4
(2) A governing board shall: 5
(i) Select and appoint, with the advice of the State Librarian, a 6
professional librarian to serve as director of the regional resource center; 7
(ii) Determine the policies of the regional resource center; 8
(iii) Adopt reasonable rules and bylaws for the use of the regional 9
resource center and the conduct of its business; 10
(iv) Approve the regional resource center budget; 11
(v) In accordance with the regulations and laws of the State, receive, 12
account for, control, and supervise the spending of all public funds received by the regional 13
resource center; 14
(VI) ADOPT AND FOLLOW A WRITTEN POLICY FOR OPERATION 15
OF THE REGIONAL RESO URCE CENTER THAT IS CONSISTENT W ITH THE STATE 16
STANDARDS FOR LI BRARIES AND CONDUCT THE OPER ATION OF THE REGIONAL 17
RESOURCE CENTER IN A MANNER CONSISTENT WI TH THE WRITTEN POLICY; 18
[(vi)] (VII) Publish the results of the audit conducted under 19
paragraph (4)(ii) of this subsection; and 20
[(vii)] (VIII) Submit a report to the State Librarian on or before 21
November 1 each year that includes: 22
1. The amount of money received from the library fund and 23
other sources; 24
2. Itemized expenses; 25
3. The number of books and periodicals in the possession of 26
and owned by the regional resource center; 27
4. The results of the annual audit; and 28
5. Any other information required by the State Library 29
Board. 30 HOUSE BILL 785 13
(3) A governing board may: 1
(i) Apply, accept, and expend any gift, appropriation, or grant from 2
the State, county, or federal government or any other person on behalf of the regional 3
resource center; 4
(ii) Recommend the purchase, condemnation, rental, acquisition, 5
use, or conveyance of property for any valid purpose under this section; 6
(iii) Recommend plans for the regional resource centers, including 7
the use of facilities of participating libraries, additions to the facilities of participating 8
libraries, or new facilities separate from the existing facilities of participating libraries; 9
(iv) Select the location of and approve plans for the erection of 10
regional resource center buildings, subject to the approval of the State Library Board and 11
the Governor; 12
(v) Make agreements with any person for any library service; and 13
(vi) Perform any other actions necessary for the proper control and 14
development of the regional resource center. 15
(4) In addition to other reports that may be required by the State Library 16
Board, the Board shall: 17
(i) Keep records that are consistent with sound business practices 18
and accounting records that use generally accepted accounting principles; 19
(ii) Cause an audit by an independent certified public accountant 20
approved by the State Librarian to be made of the accounts and transactions of the regional 21
resource center at the conclusion of each fiscal year; and 22
(iii) For any State money, be subject to an audit by the Office of 23
Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government 24
Article. 25
(K) THE GOVERNING BOARD M AY NOT DISMISS, SUSPEND, DISCIPLINE, 26
DEMOTE, REASSIGN, TRANSFER, OR OTHERWISE RETALIA TE AGAINST AN EMPLOY EE 27
FOR ACTING IN A MANN ER CONSISTENT WITH T HE REGIONAL RESOURCE CENTER’S 28
WRITTEN POLICY IMPLE MENTING THE STATE STANDARDS FOR L IBRARIES. 29
23–205. 30
(a) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION , EACH year, the 31
State Library Board may include in its budget operating funds for: 32 14 HOUSE BILL 785
(1) The State Library Resource Center; 1
(2) Each regional resource center; 2
(3) The Maryland Library for the Blind and Print Disabled; 3
(4) The Deaf Culture Digital Library; and 4
(5) Each metropolitan cooperative service program. 5
(b) (1) [The] SUBJECT TO SUBSECTION (G) OF THIS SECTION , THE State 6
shall pay all capital expenses for: 7
(i) The State Library Resource Center; and 8
(ii) Each regional resource center. 9
(2) Before any money is spent under this subsection, the appropriate board 10
of library trustees shall: 11
(i) Have the project approved by the State Library Board; 12
(ii) Through the State Library Board, submit the request to the 13
Department of Budget and Management for consideration under Title 3, Subtitle 6 of the 14
State Finance and Procurement Article; and 15
(iii) Agree to reimburse the State Library Board an amount the State 16
Library Board determines if the facility ceases to be used for a resource center or 17
cooperative service program. 18
(c) (1) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION, EACH year 19
each participating regional resource center shall receive a minimum amount of funding for 20
each resident of the area served, to be used for operating and capital expenses. 21
(2) The allocation shall be calculated as follows: 22
(i) For each of fiscal years 2011 through 2015............ $6.75 per each 23
resident of the area served; 24
(ii) For fiscal year 2016.................................................. $6.95 per each 25
resident of the area served; 26
(iii) For fiscal year 2017.................................................. $7.15 per each 27
resident of the area served; 28
HOUSE BILL 785 15
(iv) For fiscal year 2018.................................................. $7.55 per each 1
resident of the area served; 2
(v) For fiscal year 2019.................................................. $7.95 per each 3
resident of the area served; 4
(vi) For fiscal year 2020.................................................. $8.35 per each 5
resident of the area served; 6
(vii) For fiscal year 2021.................................................. $8.55 per each 7
resident of the area served; 8
(viii) For fiscal year 2022.................................................. $8.75 per each 9
resident of the area served; 10
(ix) For fiscal year 2023.................................................. $9.19 per each 11
resident of the area served; 12
(x) For fiscal year 2024.................................................. $9.39 per each 13
resident of the area served; 14
(xi) For fiscal year 2025.................................................. $9.59 per each 15
resident of the area served; 16
(xii) For fiscal year 2026.................................................. $9.79 per each 17
resident of the area served; and 18
(xiii) For fiscal year 2027 and each fiscal year 19
thereafter............................................................................................................ $9.99 per each 20
resident of the area served. 21
(d) (1) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION, EACH year 22
the State Library Resource Center shall receive a minimum amount of funding for each 23
State resident in the previous fiscal year, to be used for operating and capital expenses. 24
(2) The allocation shall be calculated as follows: 25
(i) For each of fiscal years 2010 through 2016............ $1.67 per State 26
resident; 27
(ii) For fiscal year 2017................................................. $1.69 per State 28
resident; 29
(iii) For fiscal year 2018................................................. $1.73 per State 30
resident; 31
16 HOUSE BILL 785
(iv) For fiscal year 2019................................................. $1.77 per State 1
resident; 2
(v) For fiscal year 2020................................................. $1.81 per State 3
resident; 4
(vi) For fiscal year 2021................................................. $1.85 per State 5
resident; 6
(vii) For fiscal year 2022................................................. $1.89 per State 7
resident; 8
(viii) For fiscal year 2023................................................. $1.93 per State 9
resident; and 10
(ix) For fiscal year 2024 and each fiscal year 11
thereafter........................................................................................................... $1.97 per State 12
resident. 13
(e) [Beginning] SUBJECT TO SUBSECTION (G) OF THIS SECTION, BEGINNING 14
in fiscal year 2016 and in each fiscal year thereafter, the Maryland Library for the Blind 15
and Print Disabled shall receive an amount equivalent to at least 25% of the amount 16
received by the State Library Resource Center for the same fiscal year under subsection (d) 17
of this section. 18
(f) (1) The State Library Board shall: 19
(i) Disburse funds to the State and regional resource centers, the 20
Maryland Library for the Blind and Print Disabled, and metropolitan cooperative service 21
programs; and 22
(ii) Require that these funds be used subject to any conditions 23
specified by the appropriating agency or imposed under this subtitle. 24
(2) The State Library Board may authorize the State Comptroller to 25
withhold funds from any regional resource center or metropolitan cooperative service 26
program that fails to meet the standards adopted by the State Library Board. 27
(G) (1) RECEIPT OF FUNDING UN DER THIS SECTION IS CONTINGENT ON A 28
LIBRARY, RESOURCE CENTER , OR METROPOLITAN COOPERATIVE SERVICE 29
PROGRAM ADOPTING A W RITTEN POLICY FOR OPERATION OF THE LIBRARY, 30
CENTER, OR PROGRAM THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR 31
LIBRARIES. 32
(2) THE STATE LIBRARIAN SHALL AUTHO RIZE THE STATE 33
COMPTROLLER TO WITHHO LD STATE FUNDS FROM A LIBRARY, RESOURCE CENTER , 34 HOUSE BILL 785 17
OR COOPERATIVE SERVI CE PROGRAM THAT DOES NOT ADOPT A WRITTEN POLICY 1
THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR L IBRARIES 2
(I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS 3
FROM ANY REGIONAL RE SOURCE CENTER OR MET ROPOLITAN COOPERATIVE 4
SERVICE PROGRAM THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO 5
MEET THE STATE STANDARDS FOR L IBRARIES. 6
(II) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD 7
FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UN TIL THE STATE LIBRARY 8
BOARD CERTIFIES THAT THE REG IONAL RESOURCE CENTE R OR METROPOLITAN 9
COOPERATIVE SERVICE PROGRAM HAS ADOPTED A WRITTEN POLICY CON SISTENT 10
WITH THE STATE STANDARDS FOR L IBRARIES. 11
23–406. 12
(a) Each board of library trustees: 13
(1) Shall select and appoint a professional librarian eligible for certification 14
as director of the library to serve at the pleasure of the board; and 15
(2) May delegate to the director its authority to appoint any other 16
necessary employees. 17
(b) Each board of library trustees shall establish policies for: 18
(1) Staff classification; 19
(2) Salaries; 20
(3) Work conditions; 21
(4) Suspension with pay; 22
(5) Grievance procedures; 23
(6) Benefits, including vacation and sick leave; 24
(7) Hours of work; and 25
(8) Any other personnel procedures and practices necessary for the efficient 26
operation of the library. 27
(c) Each professional public librarian appointee to the professional library staff: 28
18 HOUSE BILL 785
(1) Shall hold a certificate of library qualifications issued by the State 1
Superintendent; or 2
(2) (i) Shall be eligible for State certification as a professional public 3
librarian; and 4
(ii) Shall apply for certification within 6 months of starting 5
employment. 6
(d) (1) The director or the director’s designee may suspend a library employee 7
without pay for a specified period up to 10 working days, for the following reasons: 8
(i) Misconduct in office; 9
(ii) Insubordination; 10
(iii) Incompetency; or 11
(iv) Willful neglect of duty. 12
(2) (i) The director or the director’s designee shall give the suspended 13
employee a written statement that specifies the reasons for the suspension. 14
(ii) The director or the director’s designee shall place a copy of the 15
written statement that specifies the reasons for the suspension in the employee’s official 16
personnel file. 17
(3) (i) The employee shall have the opportunity to reply in writing to 18
the director within 10 working days after the employee receives notice of the suspension. 19
(ii) The employee may request a hearing before the board of trustees 20
within 10 working days after receiving notice of the suspension. 21
(iii) If the employee requests a hearing within the 10–day period, the 22
board shall promptly hold a hearing, but a hearing may not be set within 10 working days 23
after the board sends the employee a notice of the hearing. 24
(4) If an employee is suspended without pay and found not guilty of the 25
reasons for the suspension, the board shall refund all pay benefits lost by reason of the 26
suspension to the employee. 27
(5) Suspension of an employee with pay shall be as provided by the library’s 28
personnel policy. 29
(e) (1) On written recommendation of the library director, each board of 30
library trustees may dismiss any library employee under its jurisdiction for any of the 31
following reasons: 32 HOUSE BILL 785 19
(i) Misconduct in office; 1
(ii) Insubordination; 2
(iii) Incompetency; or 3
(iv) Willful neglect of duty. 4
(2) (i) Before removing an employee, the director shall send the 5
employee a written copy of the charges against the employee and give the employee an 6
opportunity to request a hearing before the board within 10 working days. 7
(ii) If the employee requests a hearing within the 10–day period the 8
board promptly shall hold a hearing, but a hearing may not be set within 10 working days 9
after the board sends the employee a notice of the hearing. 10
(iii) The employee shall have an opportunity to be heard publicly 11
before the board in his own defense, in person or by counsel and to bring witnesses to the 12
hearing. 13
(3) If the board votes to remove the employee and: 14
(i) The decision is unanimous, the decision of the board is final; or 15
(ii) The decision is not unanimous, the employee may appeal to the 16
State Library Board through the State Librarian. 17
(F) IF THE BOARD OF LIBRA RY TRUSTEES ADOPTS A WRITTEN POLICY 18
CONSISTENT WITH THE STATE STANDARDS FOR L IBRARIES, AN EMPLOYEE MAY NOT 19
BE DISMISSED, SUSPENDED, DISCIPLINED, DEMOTED, REASSIGNED, TRANSFERRED , 20
OR OTHERWISE RETALIA TED AGAINST FOR ACTING IN A MANNER PERFORMING 21
THEIR JOB DUTIES CONSISTENT WITH THE ADOPTED WRITTEN POLICY. 22
[(f)] (G) The director of each library shall: 23
(1) Act as the general executive officer of the library and be responsible for 24
the management of its operations in accordance with policies approved by the board of 25
library trustees; 26
(2) Prepare the annual budget of the library, and present it to the board for 27
approval; 28
(3) Nominate for appointment all library employees in the county library 29
system; and 30
20 HOUSE BILL 785
(4) Establish reasonable rules and adopt regulations for the use of the 1
library system subject to approval by the board of library trustees. 2
23–408. 3
(a) A person may not KNOWINGLY AND unlawfully take, detain, mutilate, injure, 4
or disfigure any book, map, picture, engraving, manuscript, or other property of any library. 5
(b) Any person who violates this section is guilty of a misdemeanor and on 6
conviction is subject to a fine not exceeding [$250] $1,000, imprisonment not exceeding 3 7
months, or both. 8
23–503. 9
(a) (1) The entire capital and operating cost of the minimum library program 10
for this State as a whole shall be shared as provided in this subsection. 11
(2) [The] SUBJECT TO SUBSECTION (D) OF THIS SECTION , THE State 12
shall provide: 13
(i) Approximately 40 percent of the total cost of the minimum 14
program; and 15
(ii) Not less than 20 percent of the cost of the minimum program in 16
any county. 17
(3) The counties participating in the program together shall provide 18
through local taxes approximately 60 percent of the total statewide cost of the minimum 19
program. 20
(b) (1) [Each] SUBJECT TO SUBSECTION (D) OF THIS SECTION , EACH 21
county public library system that participates in the minimum library program shall be 22
provided for each resident of the county, to be used for operating and capital expenses: 23
(i) For each of fiscal years 2011 through 2015 – $14.00; 24
(ii) For fiscal year 2016 – $14.27; 25
(iii) For fiscal year 2017 – $14.54; 26
(iv) For fiscal year 2018 – $15.00; 27
(v) For fiscal year 2019 – $15.50; 28
(vi) For fiscal year 2020 – $16.00; 29
HOUSE BILL 785 21
(vii) For fiscal year 2021 – $16.43; 1
(viii) For fiscal year 2022 – $17.10; 2
(ix) For fiscal year 2023 – $17.50; 3
(x) For fiscal year 2024 – $17.90; 4
(xi) For fiscal year 2025 – $18.30; 5
(xii) For fiscal year 2026 – $18.70; and 6
(xiii) For fiscal year 2027 and each fiscal year thereafter – $19.10. 7
(2) (i) [The] SUBJECT TO SUBSECTION (D) OF THIS SECTION , THE 8
State shall share in this amount. 9
(ii) Any county may provide an amount greater than its share under 10
the cooperative program, but the State may not share in the excess. 11
(c) Any employer Social Security contributions required by federal law for any 12
employee in a county public library system shall remain the obligation of the employer. 13
(D) (1) RECEIPT OF STATE FUNDING FOR A C OUNTY LIBRARY SYSTEM 14
THAT PARTICIPATES IN THE MINIMUM LIBRARY PROGRAM UNDER THIS S ECTION IS 15
CONTINGENT ON THE BO ARD OF LIBRARY TRUST EES ADOPTING A WRITT EN POLICY 16
FOR OPERATION OF THE COUNTY LIBRARY SYSTE M THAT IS CONSISTENT W ITH THE 17
STATE STANDARDS FOR L IBRARIES. 18
(2) THE STATE LIBRARIAN SHALL AUTHO RIZE THE STATE 19
COMPTROLLER TO WITHHO LD STATE FUNDS FROM A CO UNTY PUBLIC LIBRARY 20
SYSTEM THAT DOES NOT ADOPT A WRITTEN POLI CY THAT IS CONSISTEN T WITH THE 21
STATE STANDARDS FOR L IBRARIES 22
(I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS 23
FROM A COUNTY LIBRAR Y SYSTEM THAT THE STATE LIBRARY BOARD CERTIFIES 24
HAS FAILED TO MEET T HE STATE STANDARDS FOR L IBRARIES. 25
(II) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD 26
FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UN TIL THE STATE LIBRARY 27
BOARD CERTIFIES THAT THE COUNTY LIBRARY S YSTEM HAS ADOPTED A WRITTEN 28
POLICY CONSISTENT WI TH THE STATE STANDARDS FOR L IBRARIES. 29
23–506. 30
22 HOUSE BILL 785
(a) The State Librarian shall authorize the payment of funds under this subtitle: 1
(1) To the board of library trustees of each county that has a board of 2
trustees; or 3
(2) In each county that does not have a board of library trustees, to the 4
county. 5
(b) (1) Current operating funds shall be administered by the county board of 6
library trustees. 7
(2) Capital expense funds shall be administered by the county council, 8
board of county commissioners, or Mayor and City Council of Baltimore City. 9
(c) (1) The funds provided under this subtitle may be used only for library 10
purposes. 11
(2) The State Librarian shall require that these funds be used subject to 12
[any]: 13
(I) THE ADOPTION OF A WRI TTEN POLICY FOR OPERATION OF 14
THE COUNTY LIBRARY S YSTEM CONSISTENT WITH THE STATE STANDARDS FOR 15
LIBRARIES BY EACH BO ARD OF LIBRARY TRUST EES OR, IF THE COUNTY DOES N OT 16
HAVE A BOARD OF LIBRARY TRUSTEES , THE COUNTY GOVERNMEN T; AND 17
(II) ANY OTHER conditions specified by the appropriating agency or 18
imposed under this subtitle. 19
23–507. 20
(A) The State Librarian shall authorize the State Comptroller to withhold State 21
funds from any county that fails: 22
(1) To appropriate the amount of its share of the minimum program; or 23
(2) To meet the requirements of the law or of the State Library Board for 24
operating the county library, INCLUDING THE REQUIR EMENT THAT THE COUNT Y 25
LIBRARY BE OPERA TED IN A MANNER THAT IS CONSISTENT WITH T HE STATE 26
STANDARDS FOR LIBRAR IES. 27
(B) (1) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS FROM A 28
COUNTY THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO OPERATE 29
THE COUNTY LIBRARY S YSTEM CONSISTENT WIT H THE STATE STANDARDS FOR 30
LIBRARIES. 31
HOUSE BILL 785 23
(2) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD FU NDS 1
UNDER PARAGRAPH (1) OF THIS SUBSECTION U NTIL THE STATE LIBRARY BOARD 2
CERTIFIES THAT THE C OUNTY HAS ADOPTED A WRITTEN POLICY FOR T HE 3
OPERATION OF THE COU NTY LIBRARY SYSTE M CONSISTENT WITH TH E STATE 4
STANDARDS FOR LIBRAR IES. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
1, 2024 is an emergency measure, is necessary for the immediate preservation of the public 7
health or safety, has been passed by a yea and nay vote supported by three–fifths of all the 8
members elected to each of the two Houses of the General Assembly, and shall take effect 9
from the date it is enacted. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.