Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 130 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 130 | |
5 | - | (Senate Bill 738) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | Italics indicate opposite chamber/conference committee amendments. | |
9 | + | *sb0738* | |
8 | 10 | ||
9 | - | Freedom to Read Act | |
11 | + | SENATE BILL 738 | |
12 | + | F5 EMERGENCY BILL (4lr0439) | |
13 | + | ENROLLED BILL | |
14 | + | — Education, Energy, and the Environment/Ways and Means — | |
15 | + | Introduced by Senators King, Beidle, Benson, Brooks, Elfreth, Feldman, Ferguson, | |
16 | + | Gile, Guzzone, Hettleman, Jackson, Kagan, Kelly, Kramer, Lewis Young, | |
17 | + | McCray, Waldstreicher, A. Washington, M. Washington, and Zucker | |
10 | 18 | ||
11 | - | FOR the purpose of establishing a State policy that local school systems operate their school | |
12 | - | library media programs consistent with certain standards; requiring each local | |
13 | - | school system to develop a policy and procedures to review objections to materials in | |
14 | - | a school library media program; prohibiting a county board of education from taking | |
15 | - | certain actions against certain school library media program personnel for | |
16 | - | performing their job duties consistent with certain standards; establishing the State | |
17 | - | standards for libraries for the operation of each library that receives funding from | |
18 | - | the State; altering the duties of the State Library Board, the State Library Agency, | |
19 | - | and regional resource centers to incorporate the State standards for libraries; | |
20 | - | making funding for certain libraries contingent on adoption of a written policy for | |
21 | - | operation of the library consistent with the State standards for libraries; requiring | |
22 | - | the State Librarian to authorize the State Comptroller to withhold funding from | |
23 | - | libraries under certain circumstances; prohibiting county boards of education and | |
24 | - | the governing bodies of certain libraries from retaliating against employees for | |
25 | - | acting in a manner performing their job duties consistent with the State standards | |
26 | - | for libraries under certain circumstances; requiring a certain action involving the | |
27 | - | property of a library to be committed knowingly in order to be considered a crime; | |
28 | - | altering the maximum fine for a certain crime involving the property of a library; | |
29 | - | and generally relating to the establishment of the State policies and standards for | |
30 | - | libraries in the State. | |
19 | + | Read and Examined by Proofreaders: | |
31 | 20 | ||
32 | - | BY adding to | |
33 | - | Article – Education | |
34 | - | Section 4–142 and 23–102.1 | |
35 | - | Annotated Code of Maryland | |
36 | - | (2022 Replacement Volume and 2023 Supplement) | |
21 | + | _______________________________________________ | |
22 | + | Proofreader. | |
23 | + | _______________________________________________ | |
24 | + | Proofreader. | |
37 | 25 | ||
38 | - | BY repealing and reenacting, with amendments, | |
39 | - | Article – Education | |
40 | - | Section 23–101, 23–105, 23–106, 23–202, 23–202.1, 23–205, 23–406, 23–408, | |
41 | - | 23–503, 23–506, and 23–507 | |
42 | - | Annotated Code of Maryland | |
43 | - | (2022 Replacement Volume and 2023 Supplement) | |
26 | + | Sealed with the Great Seal and presented to the Governor, for his approval this | |
44 | 27 | ||
45 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
46 | - | That the Laws of Maryland read as follows: | |
28 | + | _______ day of _______________ at ________________________ o’clock, ________M. | |
47 | 29 | ||
48 | - | ||
49 | - | ||
30 | + | ______________________________________________ | |
31 | + | President. | |
50 | 32 | ||
51 | - | – 2 – | |
52 | - | 4–142. | |
33 | + | CHAPTER ______ | |
53 | 34 | ||
54 | - | (A) IN THIS SECTION , “STATE STANDARDS FOR L IBRARIES” HAS THE | |
55 | - | MEANING STATED IN § 23–101 OF THIS ARTICLE. | |
35 | + | AN ACT concerning 1 | |
56 | 36 | ||
57 | - | (A) IT IS THE POLICY OF T HE STATE THAT EACH LOCAL SCHOOL SYSTEM | |
58 | - | OPERATE ITS SCHOOL L IBRARY MEDIA PROGRAM CONSIS TENT WITH THE | |
59 | - | FOLLOWING STANDARDS : | |
37 | + | Freedom to Read Act 2 | |
60 | 38 | ||
61 | - | (1) THE MATERIALS , SERVICES, AND RESOURCES PROVID ED IN A | |
62 | - | SCHOOL LIBRARY MEDIA PROGRAM ARE PROVIDED FOR THE INTEREST , | |
63 | - | INFORMATION , AND INSTRUCTIONAL SU PPORT OF STUDENTS AN D SCHOOL | |
64 | - | PERSONNEL OF THE S CHOOLS THE PROGRAM S ERVES; | |
39 | + | FOR the purpose of establishing a State policy that local school systems operate their school 3 | |
40 | + | library media programs consistent with certain standards; requiring each local 4 | |
41 | + | school system to develop a policy and procedures to review objections to materials in 5 | |
42 | + | a school library media program; prohibiting a county board of education from taking 6 | |
43 | + | certain actions against certain school library media program personnel for 7 | |
44 | + | performing their job duties consistent with certain standards; establishing the State 8 | |
45 | + | standards for libraries for the operation of each library that receives funding from 9 | |
46 | + | the State; altering the duties of the State Library Board, the State Library Agency, 10 | |
47 | + | and regional resource centers to incorporate the State standards for libraries; 11 | |
48 | + | making funding for certain libraries contingent on adoption of a written policy for 12 | |
49 | + | operation of the library consistent with the State standards for libraries; requiring 13 2 SENATE BILL 738 | |
65 | 50 | ||
66 | - | (2) MATERIALS MAY NOT BE EXCLUDED FROM A SCHO OL LIBRARY | |
67 | - | MEDIA PROGRAM SOLELY BECAUSE OF THE ORIGI N, BACKGROUND , OR VIEWS OF | |
68 | - | THE INDIVIDUAL WHO C REATED THE MATERIAL ; AND | |
69 | 51 | ||
70 | - | (3) MATERIALS MAY NOT BE EXCLUDED OR REMOVED FROM THE | |
71 | - | CATALOGUE OF A SCHOO L LIBRARY MEDIA PROG RAM BECAUSE OF PARTI SAN, | |
72 | - | IDEOLOGICAL, OR RELIGIOUS DISAPPR OVAL. | |
52 | + | the State Librarian to authorize the State Comptroller to withhold funding from 1 | |
53 | + | libraries under certain circumstances; prohibiting county boards of education and 2 | |
54 | + | the governing bodies of certain libraries from retaliating against employees for 3 | |
55 | + | acting in a manner performing their job duties consistent with the State standards 4 | |
56 | + | for libraries under certain circumstances; requiring a certain action involving the 5 | |
57 | + | property of a library to be committed knowingly in order to be considered a crime; 6 | |
58 | + | altering the maximum fine for a certain crime involving the property of a library; 7 | |
59 | + | and generally relating to the establishment of the State policies and standards for 8 | |
60 | + | libraries in the State. 9 | |
73 | 61 | ||
74 | - | (B) (1) EACH LOCAL SCHOOL SYS TEM SHALL DEVELOP AN D IMPLEMENT | |
75 | - | A POLICY AND PROCEDU RES TO REVIEW OBJECT IONS TO MATERIALS IN THE SCHOOL | |
76 | - | LIBRARY MEDIA PRO GRAM CONSISTENT WITH U.S. SUPREME COURT LEGAL | |
77 | - | PRECEDENT . | |
62 | + | BY adding to 10 | |
63 | + | Article – Education 11 | |
64 | + | Section 4–142 and 23–102.1 12 | |
65 | + | Annotated Code of Maryland 13 | |
66 | + | (2022 Replacement Volume and 2023 Supplement) 14 | |
78 | 67 | ||
79 | - | (2) THE POLICY AND PROCED URES DEVELOPED UNDER PARAGRAPH | |
80 | - | (1) OF THIS SUBSECTION S HALL: | |
68 | + | BY repealing and reenacting, with amendments, 15 | |
69 | + | Article – Education 16 | |
70 | + | Section 23–101, 23–105, 23–106, 23–202, 23–202.1, 23–205, 23–406, 23–408, 17 | |
71 | + | 23–503, 23–506, and 23–507 18 | |
72 | + | Annotated Code of Maryland 19 | |
73 | + | (2022 Replacement Volume and 2023 Supplement) 20 | |
81 | 74 | ||
82 | - | (I) ESTABLISH A UNIFORM P ROCESS TO SUBMIT AN OBJECTION | |
83 | - | TO MATERIALS IN A SC HOOL LIBRARY MEDIA P ROGRAM BY A STUDENT, PARENT OR | |
84 | - | GUARDIAN OF A STUDEN T ENROLLED IN A SCHO OL IN THE LOCAL SCHO OL SYSTEM, | |
85 | - | OR SCHOOL PERSONNEL ; | |
75 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
76 | + | That the Laws of Maryland read as follows: 22 | |
86 | 77 | ||
87 | - | (II) REQUIRE MATERIALS UND ER REVIEW DUE TO AN | |
88 | - | OBJECTION TO REMAIN AVAILABLE FOR USE BY STUDENTS AND SCHOOL | |
89 | - | PERSONNEL UNTIL THE REVIEW PROCES S HAS CONCLUDED ; AND | |
78 | + | Article – Education 23 | |
90 | 79 | ||
91 | - | (III) ESTABLISH A REASONABL E TIMELINE TO CONDUC T AND | |
92 | - | CONCLUDE THE REVIEW PROCESS IN A TIMELY MANNER. | |
93 | - | WES MOORE, Governor Ch. 130 | |
80 | + | 4–142. 24 | |
94 | 81 | ||
95 | - | – 3 – | |
96 | - | (B) (C) A COUNTY BOARD MAY NOT DISMISS, DEMOTE, SUSPEND, | |
97 | - | DISCIPLINE, REASSIGN, TRANSFER, OR OTHERWISE RETALIA TE AGAINST A | |
98 | - | LIBRARIAN OR, A CERTIFIED LIBRARY MEDIA SPECIALIST , OR SCHOOL LIBRARY | |
99 | - | MEDIA PROGRAM SUPPOR T STAFF EMPLOYED BY A COUNTY BOARD MAY NOT BE | |
100 | - | DISMISSED, DEMOTED, SUSPENDED, DISCIPLINED, REASSIGNED, TRANSFERRED , OR | |
101 | - | OTHERWISE RETALIATED AGAINST FOR ACTING I N A MANNER FOR PERFORMING | |
102 | - | THEIR JOB DUTIES CONSISTENT WITH THE STATE STANDARDS FOR L IBRARIES | |
103 | - | STANDARDS DESCRIBED UNDER SUBSECTION (A) OF THIS SECTION. | |
82 | + | (A) IN THIS SECTION , “STATE STANDARDS FOR L IBRARIES” HAS THE 25 | |
83 | + | MEANING STATED IN § 23–101 OF THIS ARTICLE. 26 | |
104 | 84 | ||
105 | - | 23–101. | |
85 | + | (A) IT IS THE POLICY OF T HE STATE THAT EACH LOCAL SCHOOL SYSTEM 27 | |
86 | + | OPERATE ITS SCHOOL L IBRARY MEDIA PROGRAM CONSISTENT WITH THE 28 | |
87 | + | FOLLOWING STANDARDS : 29 | |
106 | 88 | ||
107 | - | (a) In this title the following words have the meanings indicated. | |
89 | + | (1) THE MATERIALS , SERVICES, AND RESOURCES PROVID ED IN A 30 | |
90 | + | SCHOOL LIBRA RY MEDIA PROGRAM ARE PROVIDED FOR THE INT EREST, 31 | |
91 | + | INFORMATION , AND INSTRUCTIONAL SU PPORT OF STUDENTS AN D SCHOOL 32 | |
92 | + | PERSONNEL OF THE SCH OOLS THE PROGRAM SER VES; 33 | |
108 | 93 | ||
109 | - | (b) “Print disabled individual” means an individual who cannot effectively read | |
110 | - | print because of a visual, physical, perceptual, developmental, cognitive, or learning | |
111 | - | disability. | |
94 | + | (2) MATERIALS MAY NOT BE EXCLUDED FROM A SCHO OL LIBRARY 34 | |
95 | + | MEDIA PROGRAM SOLELY BECAUSE OF THE ORIGI N, BACKGROUND , OR VIEWS OF 35 | |
96 | + | THE INDIVIDUAL WHO C REATED THE MATERIAL ; AND 36 | |
97 | + | SENATE BILL 738 3 | |
112 | 98 | ||
113 | - | (c) “State Library Agency” means the Maryland State Library Agency. | |
114 | 99 | ||
115 | - | (d) “State Library Board” means the Maryland State Library Board. | |
100 | + | (3) MATERIALS MAY NOT BE EXCLUDED OR REMOVED FROM THE 1 | |
101 | + | CATALOGUE OF A SCHOO L LIBRARY MEDIA PROG RAM BECAUSE OF PARTI SAN, 2 | |
102 | + | IDEOLOGICAL, OR RELIGIOUS DISAPPR OVAL. 3 | |
116 | 103 | ||
117 | - | (E) “STATE STANDARDS FOR L IBRARIES” MEANS THE PHILOSOPHY FOR THE | |
118 | - | OPERATION OF A LIBRA RY THAT ADHERES TO T HE STANDARDS ENUMERA TED IN § | |
119 | - | 23–102.1(A) OF THIS SUBTITLE STANDARDS FOR THE CO NSISTENT AND EQUITAB LE | |
120 | - | OPERATION OF A LIBRA RY THAT SERVE ALL CITIZ ENS OF THE STATE AS | |
121 | - | ESTABLISHED UNDER § 23–102.1(B) OF THIS SUBTITLE. | |
104 | + | (B) (1) EACH LOCAL SCHOOL SYS TEM SHALL DEVELOP AN D IMPLEMENT 4 | |
105 | + | A POLICY AND PROCEDU RES TO REVIEW OBJECT IONS TO MATERIALS IN THE SCHOOL 5 | |
106 | + | LIBRARY MEDIA PROGRA M CONSISTENT WITH U.S. SUPREME COURT LEGAL 6 | |
107 | + | PRECEDENT . 7 | |
122 | 108 | ||
123 | - | 23–102.1. | |
109 | + | (2) THE POLICY AND PROCED URES DEVELOPED UNDER PARAGRAP H 8 | |
110 | + | (1) OF THIS SUBSECTION S HALL: 9 | |
124 | 111 | ||
125 | - | (A) (1) IN THIS SECTION, “LIBRARY” INCLUDES: | |
112 | + | (I) ESTABLISH A UNIFORM P ROCESS TO SUBMIT AN OBJECTION 10 | |
113 | + | TO MATERIALS IN A SC HOOL LIBRARY MEDIA P ROGRAM BY A STUDENT , PARENT OR 11 | |
114 | + | GUARDIAN OF A STUDEN T ENROLLED IN A SCHO OL IN THE LOCAL SCHO OL SYSTEM, 12 | |
115 | + | OR SCHOOL PERSONNEL ; 13 | |
126 | 116 | ||
127 | - | (I) THE STATE LIBRARY RESOURCE CENTER; | |
117 | + | (II) REQUIRE MATERIALS UND ER REVIEW DUE TO AN 14 | |
118 | + | OBJECTION TO REMAIN AVAILABLE FOR USE BY STUDENTS AND SCHOOL 15 | |
119 | + | PERSONNEL UNTIL THE REVIEW PROCESS HAS C ONCLUDED; AND 16 | |
128 | 120 | ||
129 | - | (II) A REGIONAL RESOURCE CE NTER; | |
121 | + | (III) ESTABLISH A REASONABL E TIMELINE TO CONDUC T AND 17 | |
122 | + | CONCLUDE THE REVIEW PROCESS IN A TIMELY MANNER . 18 | |
130 | 123 | ||
131 | - | (III) A CORRECTIONAL FACILITY LIBRARY ; | |
124 | + | (B) (C) A COUNTY BOARD MAY NOT DISMISS, DEMOTE, SUSPEND, 19 | |
125 | + | DISCIPLINE, REASSIGN, TRANSFER, OR OTHERWISE RETALIA TE AGAINST A 20 | |
126 | + | LIBRARIAN OR, A CERTIFIED LIBRARY MEDIA SPECIALIST , OR SCHOOL LIBRARY 21 | |
127 | + | MEDIA PROGRAM SUPPOR T STAFF EMPLOYED BY A COUNTY BOARD MAY NOT BE 22 | |
128 | + | DISMISSED, DEMOTED, SUSPENDED, DISCIPLINED, REASSIGNED, TRANSFERRED , OR 23 | |
129 | + | OTHERWISE RETALIATED AGAINST FOR ACTING I N A MANNER FOR PERFORMING 24 | |
130 | + | THEIR JOB DUTIES CONSISTENT WITH THE STATE STANDARDS FOR L IBRARIES 25 | |
131 | + | STANDARDS DESCRIBED UNDER SUBSECTION (A) OF THIS SECTION. 26 | |
132 | 132 | ||
133 | - | (IV) A COUNTY LIBRARY SYSTE M AND THE ENOCH PRATT FREE | |
134 | - | LIBRARY IN BALTIMORE; | |
133 | + | 23–101. 27 | |
135 | 134 | ||
136 | - | (V) THE MARYLAND STATE LIBRARY FOR THE BLIND AND | |
137 | - | PRINT DISABLED; | |
135 | + | (a) In this title the following words have the meanings indicated. 28 | |
138 | 136 | ||
139 | - | (VI) THE MARYLAND DEAF CULTURE DIGITAL LIBRARY; AND | |
140 | - | Ch. 130 2024 LAWS OF MARYLAND | |
137 | + | (b) “Print disabled individual” means an individual who cannot effectively read 29 | |
138 | + | print because of a visual, physical, perceptual, developmental, cognitive, or learning 30 | |
139 | + | disability. 31 | |
141 | 140 | ||
142 | - | – 4 – | |
143 | - | (VII) A METROPOLITAN COOPERA TIVE SERVICE PROGRAM . | |
141 | + | (c) “State Library Agency” means the Maryland State Library Agency. 32 | |
144 | 142 | ||
145 | - | ( | |
146 | - | ||
143 | + | (d) “State Library Board” means the Maryland State Library Board. 33 | |
144 | + | 4 SENATE BILL 738 | |
147 | 145 | ||
148 | - | (B) IT IS THE GOAL POLICY OF THE STATE THAT EACH LIBRA RY IS | |
149 | - | OPERATED SHALL OPERATE IN A MANNER THAT RECOGNIZES CONSISTENT WITH | |
150 | - | THE FOLLOWING STANDA RDS: | |
151 | 146 | ||
152 | - | (1) LIBRARY MATERIALS , SERVICES, AND RESOURCES EXIST AND | |
153 | - | SHOULD BE PROVIDED F OR THE INTEREST , INFORMATION , AND ENLIGHTENMENT | |
154 | - | OF ALL PERSONS THE L IBRARY SERVES ; | |
147 | + | (E) “STATE STANDARDS FOR L IBRARIES” MEANS THE PHILOSOPHY FOR THE 1 | |
148 | + | OPERATION OF A L IBRARY THAT ADHERES TO THE STANDARDS ENU MERATED IN § 2 | |
149 | + | 23–102.1(A) OF THIS SUBTITLE STANDARDS FOR THE CO NSISTENT AND EQUITAB LE 3 | |
150 | + | OPERATION OF A LIBRA RY THAT SERVE ALL CI TIZENS OF THE STATE AS 4 | |
151 | + | ESTABLISHED UNDER § 23–102.1(B) OF THIS SUBTITLE. 5 | |
155 | 152 | ||
156 | - | (2) A LIBRARY SHOULD NOT E XCLUDE MATERIAL FROM ITS | |
157 | - | CATALOGUE BECA USE OF THE ORIGIN , BACKGROUND , OR VIEWS OF A PERSON WHO | |
158 | - | CREATED THE MATERIAL ; AND | |
153 | + | 23–102.1. 6 | |
159 | 154 | ||
160 | - | (3) A LIBRARY SHOULD NOT P ROHIBIT OR REMOVE MA TERIAL FROM | |
161 | - | ITS CATALOGUE BECAUS E OF PARTISAN OR DOCTRINAL , IDEOLOGICAL, OR | |
162 | - | RELIGIOUS DISAPPROVAL . | |
155 | + | (A) (1) IN THIS SECTION, “LIBRARY” INCLUDES: 7 | |
163 | 156 | ||
164 | - | (B) (C) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT ANY A | |
165 | - | LIBRARY, SCHOOL LIBRARY , RESOURCE CENTER , OR OTHER LIBRARY | |
166 | - | ARRANGEMENT DEVELOPED BY THE STATE LIBRARY AGENCY THAT RECEIVES | |
167 | - | FUNDING FROM THE STATE SHALL ADOPT AND FOLLOW A W RITTEN POLICY FOR | |
168 | - | OPERATION OF A LIBRARY THAT IS CONSISTENT WITH THE STATE STANDARDS FOR | |
169 | - | LIBRARIES ENUMERATED IN UNDER SUBSECTION (A) (B) OF THIS SECTION. | |
157 | + | (I) THE STATE LIBRARY RESOURCE CENTER; 8 | |
170 | 158 | ||
171 | - | ||
159 | + | (II) A REGIONAL RESOURCE CE NTER; 9 | |
172 | 160 | ||
173 | - | (a) In addition to the other powers granted and duties imposed by this article, the | |
174 | - | State Library Board has the powers and duties set forth in this section. | |
161 | + | (III) A CORRECTIONAL FACILIT Y LIBRARY; 10 | |
175 | 162 | ||
176 | - | (b) The State Library Board shall appoint the State Librarian. | |
163 | + | (IV) A COUNTY LIBRARY SYSTE M AND THE ENOCH PRATT FREE 11 | |
164 | + | LIBRARY IN BALTIMORE; 12 | |
177 | 165 | ||
178 | - | ( | |
179 | - | ||
166 | + | (V) THE MARYLAND STATE LIBRARY FOR THE BLIND AND 13 | |
167 | + | PRINT DISABLED; 14 | |
180 | 168 | ||
181 | - | ( | |
169 | + | (VI) THE MARYLAND DEAF CULTURE DIGITAL LIBRARY; AND 15 | |
182 | 170 | ||
183 | - | (2) After considering the recommendations of the State Librarian, | |
184 | - | establish library policies and procedures for the statewide system of libraries; | |
185 | - | WES MOORE, Governor Ch. 130 | |
171 | + | (VII) A METROPOLITAN COOPERA TIVE SERVICE PROGRAM . 16 | |
186 | 172 | ||
187 | - | – 5 – | |
188 | - | (3) Consider the library needs of this State and recommend to the Governor | |
189 | - | and the General Assembly desirable legislation; and | |
173 | + | (2) “LIBRARY” DOES NOT INCLUDE A S CHOOL LIBRARY MEDIA 17 | |
174 | + | PROGRAM ESTABLISHED BY A LOCAL SCHOOL SYSTEM . 18 | |
190 | 175 | ||
191 | - | ( | |
192 | - | ||
193 | - | ||
176 | + | (B) IT IS THE GOAL POLICY OF THE STATE THAT EACH LIBRA RY IS 19 | |
177 | + | OPERATED SHALL OPERATE IN A MANNER THAT RECOGNIZES CONSISTENT WITH 20 | |
178 | + | THE FOLLOWING STANDA RDS: 21 | |
194 | 179 | ||
195 | - | (d) In accordance with the bylaws, rules, and regulations of the State Board of | |
196 | - | Education, the State Superintendent shall certificate professional library personnel. | |
180 | + | (1) LIBRARY MATERIALS , SERVICES, AND RESOURCES EXIST AND 22 | |
181 | + | SHOULD BE PROVIDED FOR THE INTEREST , INFORMATION , AND ENLIGHTENMENT 23 | |
182 | + | OF ALL PERSONS THE L IBRARY SERVES ; 24 | |
197 | 183 | ||
198 | - | (e) (1) Each year the State Library Board shall report to the Governor and the | |
199 | - | people of this State on the support, condition, progress, and needs of libraries. | |
184 | + | (2) A LIBRARY SHOULD NOT E XCLUDE MATERIAL FROM ITS 25 | |
185 | + | CATALOGUE BECAUSE OF THE ORIGIN, BACKGROUND , OR VIEWS OF A PERSON WHO 26 | |
186 | + | CREATED THE MATERIAL ; AND 27 | |
200 | 187 | ||
201 | - | ( | |
202 | - | ||
203 | - | ||
188 | + | (3) A LIBRARY SHOUL D NOT PROHIBIT OR RE MOVE MATERIAL FROM 28 | |
189 | + | ITS CATALOGUE BECAUS E OF PARTISAN OR DOCTRINAL , IDEOLOGICAL, OR 29 | |
190 | + | RELIGIOUS DISAPPROVAL . 30 SENATE BILL 738 5 | |
204 | 191 | ||
205 | - | (f) The State Library Board shall approve county public library capital projects | |
206 | - | for State funding in accordance with § 23–509 of this title. | |
207 | 192 | ||
208 | - | (G) THE STATE LIBRARY BOARD SHALL DEVELOP P OLICIES FOR THE | |
209 | - | OPERATION OF LIBRARI ES THAT ALIGN ARE CONSISTENT WITH THE STATE | |
210 | - | STANDARDS FOR LIBRAR IES. | |
211 | 193 | ||
212 | - | 23–106. | |
194 | + | (B) (C) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT ANY A 1 | |
195 | + | LIBRARY, SCHOOL LIBRARY , RESOURCE CENTER , OR OTHER LIBRARY 2 | |
196 | + | ARRANGEME NT DEVELOPED BY THE STATE LIBRARY AGENCY THAT RECEIVES 3 | |
197 | + | FUNDING FROM THE STATE SHALL ADOPT AND FOLLOW A W RITTEN POLICY FOR 4 | |
198 | + | OPERATION OF A LIBRA RY THAT IS CONSISTENT WITH THE STATE STANDARDS FOR 5 | |
199 | + | LIBRARIES ENUMERATED IN UNDER SUBSECTION (A) (B) OF THIS SECTION. 6 | |
213 | 200 | ||
214 | - | (a) In addition to any other powers granted and duties imposed by this title, and | |
215 | - | subject to the authority of the State Library Board, the State Library Agency has the | |
216 | - | powers and duties set forth in this section. | |
201 | + | 23–105. 7 | |
217 | 202 | ||
218 | - | (b) The State Library Agency shall: | |
203 | + | (a) In addition to the other powers granted and duties imposed by this article, the 8 | |
204 | + | State Library Board has the powers and duties set forth in this section. 9 | |
219 | 205 | ||
220 | - | (1) Provide leadership and guidance for the planning and coordinated | |
221 | - | development of library and information service in this State; | |
206 | + | (b) The State Library Board shall appoint the State Librarian. 10 | |
222 | 207 | ||
223 | - | (2) Develop statewide public and school library services and networks, | |
224 | - | resource centers, and other arrangements to meet the library and information needs of this | |
225 | - | State; | |
208 | + | (c) The State Library Board shall exercise general direction and control of library 11 | |
209 | + | development in this State and may: 12 | |
226 | 210 | ||
227 | - | (3) Provide professional and technical advice on improving library services | |
228 | - | in this State to: | |
211 | + | (1) Adopt rules and regulations necessary to administer this title; 13 | |
229 | 212 | ||
230 | - | (i) Public and school library officials; | |
213 | + | (2) After considering the recommendations of the State Librarian, 14 | |
214 | + | establish library policies and procedures for the statewide system of libraries; 15 | |
231 | 215 | ||
232 | - | ( | |
233 | - | ||
216 | + | (3) Consider the library needs of this State and recommend to the Governor 16 | |
217 | + | and the General Assembly desirable legislation; and 17 | |
234 | 218 | ||
235 | - | – 6 – | |
236 | - | (iii) State government agencies; and | |
219 | + | (4) With the approval of the Governor, accept, administer, and spend any 18 | |
220 | + | appropriation, gift, or grant for library purposes from the federal government or from any 19 | |
221 | + | other person. 20 | |
237 | 222 | ||
238 | - | (iv) Any other person; | |
223 | + | (d) In accordance with the bylaws, rules, and regulations of the State Board of 21 | |
224 | + | Education, the State Superintendent shall certificate professional library personnel. 22 | |
239 | 225 | ||
240 | - | (4) (i) Collect library statistics and other data; | |
226 | + | (e) (1) Each year the State Library Board shall report to the Governor and the 23 | |
227 | + | people of this State on the support, condition, progress, and needs of libraries. 24 | |
241 | 228 | ||
242 | - | (ii) Identify library needs and provide for needed research and | |
243 | - | studies of them; and | |
229 | + | (2) The report required under paragraph (1) of this subsection shall include 25 | |
230 | + | any findings of the State Library Agency related to its duties under § 23–106(b)(4) of this 26 | |
231 | + | subtitle. 27 | |
244 | 232 | ||
245 | - | ( | |
246 | - | ||
233 | + | (f) The State Library Board shall approve county public library capital projects 28 | |
234 | + | for State funding in accordance with § 23–509 of this title. 29 | |
247 | 235 | ||
248 | - | (5) Administer federal and State funds appropriated to it by the State for | |
249 | - | library purposes; | |
236 | + | (G) THE STATE LIBRARY BOARD SHALL DEVELOP P OLICIES FOR THE 30 | |
237 | + | OPERATION OF LIBRARI ES THAT ALIGN ARE CONSISTENT WITH THE STATE 31 | |
238 | + | STANDARDS FOR LIBRAR IES. 32 6 SENATE BILL 738 | |
250 | 239 | ||
251 | - | (6) (i) Develop and recommend professional standards and policies for | |
252 | - | libraries; and | |
253 | 240 | ||
254 | - | (ii) Establish requirements and procedures for the certification of | |
255 | - | librarians and library personnel; | |
256 | 241 | ||
257 | - | ||
242 | + | 23–106. 1 | |
258 | 243 | ||
259 | - | (i) Specialized library service to the blind and other print disabled | |
260 | - | individuals in this State; and | |
244 | + | (a) In addition to any other powers granted and duties imposed by this title, and 2 | |
245 | + | subject to the authority of the State Library Board, the State Library Agency has the 3 | |
246 | + | powers and duties set forth in this section. 4 | |
261 | 247 | ||
262 | - | ( | |
248 | + | (b) The State Library Agency shall: 5 | |
263 | 249 | ||
264 | - | (8) Encourage, advise, and assist in establishing, operating, and | |
265 | - | coordinating libraries at State institutions and agencies and administer the operation of | |
266 | - | library and information services for the State Library Board; | |
250 | + | (1) Provide leadership and guidance for the planning and coordinated 6 | |
251 | + | development of library and information service in this State; 7 | |
267 | 252 | ||
268 | - | (9) Administer the State grant program for county public library capital | |
269 | - | projects, in accordance with § 23–509 of this title; | |
253 | + | (2) Develop statewide public and school library services and networks, 8 | |
254 | + | resource centers, and other arrangements to meet the library and information needs of this 9 | |
255 | + | State; 10 | |
270 | 256 | ||
271 | - | ( | |
272 | - | ||
257 | + | (3) Provide professional and technical advice on improving library services 11 | |
258 | + | in this State to: 12 | |
273 | 259 | ||
274 | - | ( | |
260 | + | (i) Public and school library officials; 13 | |
275 | 261 | ||
276 | - | (12) Develop a Deaf Culture Digital Library in accordance with § 23–109 of | |
277 | - | this subtitle; [and] | |
262 | + | (ii) Higher education and special library officials; 14 | |
278 | 263 | ||
279 | - | (13) ENSURE THAT EACH LIBR ARY AS DEFINED IN § 23–102.1 OF THIS | |
280 | - | SUBTITLE THAT RECEIVES STATE FUNDS IS OPERAT ED IN A MANNER CONSI STENT | |
281 | - | WITH THE STATE STANDARDS FOR L IBRARIES; AND WES MOORE, Governor Ch. 130 | |
264 | + | (iii) State government agencies; and 15 | |
282 | 265 | ||
283 | - | ||
266 | + | (iv) Any other person; 16 | |
284 | 267 | ||
285 | - | ( | |
268 | + | (4) (i) Collect library statistics and other data; 17 | |
286 | 269 | ||
287 | - | 23–202. | |
270 | + | (ii) Identify library needs and provide for needed research and 18 | |
271 | + | studies of them; and 19 | |
288 | 272 | ||
289 | - | (a) The boards of library trustees of at least three public library systems outside | |
290 | - | the standard metropolitan statistical areas defined by the United States Bureau of the | |
291 | - | Census may request the State Library Board to establish and maintain a regional resource | |
292 | - | center. | |
273 | + | (iii) Coordinate library services with other information and education 20 | |
274 | + | services and agencies; 21 | |
293 | 275 | ||
294 | - | (b) Each regional resource center shall provide, through mutual cooperation and | |
295 | - | coordination, books, information, and other material and service resources that an | |
296 | - | individual library cannot provide adequately by itself. | |
276 | + | (5) Administer federal and State funds appropriated to it by the State for 22 | |
277 | + | library purposes; 23 | |
297 | 278 | ||
298 | - | ( | |
299 | - | ||
279 | + | (6) (i) Develop and recommend professional standards and policies for 24 | |
280 | + | libraries; and 25 | |
300 | 281 | ||
301 | - | (2) Subject to approval by the State Library Board, the boards of library | |
302 | - | trustees of the participating library systems shall designate the library to serve as the | |
303 | - | resource center. | |
282 | + | (ii) Establish requirements and procedures for the certification of 26 | |
283 | + | librarians and library personnel; 27 | |
304 | 284 | ||
305 | - | ( | |
306 | - | ||
285 | + | (7) Provide: 28 | |
286 | + | SENATE BILL 738 7 | |
307 | 287 | ||
308 | - | (2) The Council consists of: | |
309 | 288 | ||
310 | - | (i) The director of the regional resource center; and | |
289 | + | (i) Specialized library service to the blind and other print disabled 1 | |
290 | + | individuals in this State; and 2 | |
311 | 291 | ||
312 | - | (ii) | |
292 | + | (ii) Other desirable specialized library services; 3 | |
313 | 293 | ||
314 | - | (3) The Council for each regional resource center shall: | |
294 | + | (8) Encourage, advise, and assist in establishing, operating, and 4 | |
295 | + | coordinating libraries at State institutions and agencies and administer the operation of 5 | |
296 | + | library and information services for the State Library Board; 6 | |
315 | 297 | ||
316 | - | (i) Gather information on the resource needs of its region; and | |
298 | + | (9) Administer the State grant program for county public library capital 7 | |
299 | + | projects, in accordance with § 23–509 of this title; 8 | |
317 | 300 | ||
318 | - | (ii) Promote the use of the regional resource center. | |
301 | + | (10) Adopt guidelines for the administration of public libraries and 9 | |
302 | + | recommend to the State Library Board rules and regulations to implement this title; 10 | |
319 | 303 | ||
320 | - | (e) (1) The director of the regional resource center is the executive officer of | |
321 | - | the regional resource center. | |
304 | + | (11) Cooperate with national library agencies and those of any other state; 11 | |
322 | 305 | ||
323 | - | (2) The director: | |
306 | + | (12) Develop a Deaf Culture Digital Library in accordance with § 23–109 of 12 | |
307 | + | this subtitle; [and] 13 | |
324 | 308 | ||
325 | - | (i) Is appointed by the governing board established in accordance | |
326 | - | with § 23–202.1 of this subtitle; and | |
309 | + | (13) ENSURE THAT EACH LIBR ARY AS DEFINED IN § 23–102.1 OF THIS 14 | |
310 | + | SUBTITLE THAT RECEIVES STATE FUNDS IS OPERAT ED IN A MANNER CONSI STENT 15 | |
311 | + | WITH THE STATE STANDARDS FOR LIBRARIES; AND 16 | |
327 | 312 | ||
328 | - | (ii) Shall serve at the pleasure of the governing board. | |
329 | - | Ch. 130 2024 LAWS OF MARYLAND | |
313 | + | (14) Perform any other duty necessary for its proper operation. 17 | |
330 | 314 | ||
331 | - | – 8 – | |
332 | - | (3) The director shall: | |
315 | + | 23–202. 18 | |
333 | 316 | ||
334 | - | (i) Be eligible for certification as a professional library director by | |
335 | - | the State Superintendent of Schools as set forth in COMAR 14.38.01.01; | |
317 | + | (a) The boards of library trustees of at least three public library systems outside 19 | |
318 | + | the standard metropolitan statistical areas defined by the United States Bureau of the 20 | |
319 | + | Census may request the State Library Board to establish and maintain a regional resource 21 | |
320 | + | center. 22 | |
336 | 321 | ||
337 | - | (ii) Have the powers and duties set forth in this title; and | |
322 | + | (b) Each regional resource center shall provide, through mutual cooperation and 23 | |
323 | + | coordination, books, information, and other material and service resources that an 24 | |
324 | + | individual library cannot provide adequately by itself. 25 | |
338 | 325 | ||
339 | - | ( | |
340 | - | ||
326 | + | (c) (1) A region to be served by a regional resource center shall have a 26 | |
327 | + | population of at least 100,000. 27 | |
341 | 328 | ||
342 | - | (f) (1) The director shall operate the regional resource center in accordance | |
343 | - | with: | |
329 | + | (2) Subject to approval by the State Library Board, the boards of library 28 | |
330 | + | trustees of the participating library systems shall designate the library to serve as the 29 | |
331 | + | resource center. 30 | |
344 | 332 | ||
345 | - | (i) The standards adopted by the State Library Board; and | |
333 | + | (d) (1) There is a board of advisors for each regional resource center that shall 31 | |
334 | + | act as the Regional Advisory Council. 32 8 SENATE BILL 738 | |
346 | 335 | ||
347 | - | (ii) The policies adopted by the governing board. | |
348 | 336 | ||
349 | - | (2) The director shall: | |
350 | 337 | ||
351 | - | (i) Prepare and submit for the approval of the governing board the | |
352 | - | annual budget of the regional resource center; | |
338 | + | (2) The Council consists of: 1 | |
353 | 339 | ||
354 | - | (ii) Adopt and submit for the approval of the governing board | |
355 | - | reasonable rules and bylaws to carry out this section; and | |
340 | + | (i) The director of the regional resource center; and 2 | |
356 | 341 | ||
357 | - | (iii) Recommend to the governing board the purchase, condemnation, | |
358 | - | rental, use, sale, or conveyance of property for any valid purpose under this section. | |
342 | + | (ii) The director of each member library system. 3 | |
359 | 343 | ||
360 | - | ( | |
344 | + | (3) The Council for each regional resource center shall: 4 | |
361 | 345 | ||
362 | - | [(1)] (I) Recommended by the board of trustees of the library designated | |
363 | - | as the regional resource center; and | |
346 | + | (i) Gather information on the resource needs of its region; and 5 | |
364 | 347 | ||
365 | - | ||
348 | + | (ii) Promote the use of the regional resource center. 6 | |
366 | 349 | ||
367 | - | (2) THE POLICIES AND PROC EDURES FOR OPERATION OF THE | |
368 | - | REGIONAL RESOURCE CE NTER SHALL BE CONSIS TENT WITH THE STATE STANDARDS | |
369 | - | FOR LIBRARIES. | |
350 | + | (e) (1) The director of the regional resource center is the executive officer of 7 | |
351 | + | the regional resource center. 8 | |
370 | 352 | ||
371 | - | ( | |
353 | + | (2) The director: 9 | |
372 | 354 | ||
373 | - | (1) Make interlibrary loans of books and materials; | |
355 | + | (i) Is appointed by the governing board established in accordance 10 | |
356 | + | with § 23–202.1 of this subtitle; and 11 | |
374 | 357 | ||
375 | - | ( | |
358 | + | (ii) Shall serve at the pleasure of the governing board. 12 | |
376 | 359 | ||
377 | - | (3) | |
360 | + | (3) The director shall: 13 | |
378 | 361 | ||
379 | - | – 9 – | |
362 | + | (i) Be eligible for certification as a professional library director by 14 | |
363 | + | the State Superintendent of Schools as set forth in COMAR 14.38.01.01; 15 | |
380 | 364 | ||
381 | - | ( | |
365 | + | (ii) Have the powers and duties set forth in this title; and 16 | |
382 | 366 | ||
383 | - | (5) Develop and operate cooperative services among libraries. | |
367 | + | (iii) Appoint, promote, fix salaries, assign duties, and terminate 17 | |
368 | + | personnel of the regional resource center. 18 | |
384 | 369 | ||
385 | - | 23–202.1. | |
370 | + | (f) (1) The director shall operate the regional resource center in accordance 19 | |
371 | + | with: 20 | |
386 | 372 | ||
387 | - | ( | |
373 | + | (i) The standards adopted by the State Library Board; and 21 | |
388 | 374 | ||
389 | - | (b) (1) Except as provided in paragraph (2) of this subsection, a governing | |
390 | - | board consists of the following members: | |
375 | + | (ii) The policies adopted by the governing board. 22 | |
391 | 376 | ||
392 | - | ( | |
377 | + | (2) The director shall: 23 | |
393 | 378 | ||
394 | - | ( | |
395 | - | ||
379 | + | (i) Prepare and submit for the approval of the governing board the 24 | |
380 | + | annual budget of the regional resource center; 25 | |
396 | 381 | ||
397 | - | ( | |
398 | - | ||
382 | + | (ii) Adopt and submit for the approval of the governing board 26 | |
383 | + | reasonable rules and bylaws to carry out this section; and 27 SENATE BILL 738 9 | |
399 | 384 | ||
400 | - | (ii) The bylaws adopted by the board of trustees of the Washington | |
401 | - | County Free Library shall govern the composition, appointment, qualifications, terms, and | |
402 | - | structure of the governing board. | |
403 | 385 | ||
404 | - | (c) A member appointed to a governing board must: | |
405 | 386 | ||
406 | - | (1) Be of good character; | |
387 | + | (iii) Recommend to the governing board the purchase, condemnation, 1 | |
388 | + | rental, use, sale, or conveyance of property for any valid purpose under this section. 2 | |
407 | 389 | ||
408 | - | ( | |
390 | + | (g) (1) The policies and procedures of the regional resource center shall be: 3 | |
409 | 391 | ||
410 | - | ( | |
411 | - | the regional resource center | |
392 | + | [(1)] (I) Recommended by the board of trustees of the library designated 4 | |
393 | + | as the regional resource center; and 5 | |
412 | 394 | ||
413 | - | (d) (1) Subject to paragraph (2) of this subsection, the members of the | |
414 | - | governing board shall be appointed by the governing board. | |
395 | + | [(2)] (II) Approved by the Council. 6 | |
415 | 396 | ||
416 | - | (2) The initial members of a governing board shall be appointed by the | |
417 | - | Regional Advisory Council of the regional resource center. | |
397 | + | (2) THE POLICIES AND PROC EDURES FOR OPERATION OF THE 7 | |
398 | + | REGIONAL RESOURCE CE NTER SHALL BE CONSIS TENT WITH THE STATE STANDARDS 8 | |
399 | + | FOR LIBRARIES. 9 | |
418 | 400 | ||
419 | - | ( | |
401 | + | (h) Each regional resource center shall: 10 | |
420 | 402 | ||
421 | - | (1) | |
403 | + | (1) Make interlibrary loans of books and materials; 11 | |
422 | 404 | ||
423 | - | (2) Is entitled to reimbursement for expenses in accordance with the rules, | |
424 | - | policies, and bylaws of the regional resource center. | |
425 | - | Ch. 130 2024 LAWS OF MARYLAND | |
405 | + | (2) Supply collections and exhibits of specialized materials; 12 | |
426 | 406 | ||
427 | - | – 10 – | |
428 | - | (f) (1) Each member serves for a term of 5 years beginning July 1 immediately | |
429 | - | following the member’s appointment and until a successor is appointed and qualifies. | |
407 | + | (3) Provide consultant services; 13 | |
430 | 408 | ||
431 | - | ( | |
409 | + | (4) Organize in–service training for library staffs; and 14 | |
432 | 410 | ||
433 | - | (3) (i) The governing board shall appoint a qualified individual to fill | |
434 | - | any vacancy in the member’s position for the remainder of that term until a successor is | |
435 | - | appointed and qualifies. | |
411 | + | (5) Develop and operate cooperative services among libraries. 15 | |
436 | 412 | ||
437 | - | (ii) A member appointed to fill a vacancy under subparagraph (i) of | |
438 | - | this paragraph may serve for two additional terms. | |
413 | + | 23–202.1. 16 | |
439 | 414 | ||
440 | - | (g) (1) A governing board shall elect a chair from among its members each | |
441 | - | year. | |
415 | + | (a) There is a governing board for each regional resource center. 17 | |
442 | 416 | ||
443 | - | (2) A governing | |
444 | - | ||
417 | + | (b) (1) Except as provided in paragraph (2) of this subsection, a governing 18 | |
418 | + | board consists of the following members: 19 | |
445 | 419 | ||
446 | - | (3) If a governing board elects a treasurer, the treasurer shall be | |
447 | - | appropriately bonded. | |
420 | + | (i) A library trustee from each participating library system; and 20 | |
448 | 421 | ||
449 | - | (h) (1) A governing board: | |
422 | + | (ii) Up to one member of the public from each area served by the 21 | |
423 | + | participating library systems. 22 | |
450 | 424 | ||
451 | - | (i) Shall determine the time and place of its meetings; and | |
425 | + | (2) (i) The board of trustees of the Washington County Free Library 23 | |
426 | + | shall act as the governing board for the Western Maryland Regional Resource Center. 24 | |
452 | 427 | ||
453 | - | (ii) May adopt rules for the conduct of its meetings. | |
428 | + | (ii) The bylaws adopted by the board of trustees of the Washington 25 | |
429 | + | County Free Library shall govern the composition, appointment, qualifications, terms, and 26 | |
430 | + | structure of the governing board. 27 | |
431 | + | 10 SENATE BILL 738 | |
454 | 432 | ||
455 | - | (2) A governing board shall meet at least once every 3 months. | |
456 | 433 | ||
457 | - | ( | |
434 | + | (c) A member appointed to a governing board must: 1 | |
458 | 435 | ||
459 | - | (4) A majority of the appointed members of the governing board is a | |
460 | - | quorum. | |
436 | + | (1) Be of good character; 2 | |
461 | 437 | ||
462 | - | (i) (1) A member of a governing board who fails to attend at least 50% of the | |
463 | - | scheduled meetings of the board during any consecutive 12–month period shall be | |
464 | - | considered to have resigned. | |
438 | + | (2) Have demonstrated ability and interest in library matters; and 3 | |
465 | 439 | ||
466 | - | ( | |
467 | - | ||
440 | + | (3) Be a resident of one of the counties participating in and being served by 4 | |
441 | + | the regional resource center. 5 | |
468 | 442 | ||
469 | - | (3) The chair of a governing board shall report the member’s name and | |
470 | - | nonattendance to the State Library Board within 45 days after the end of the 12–month | |
471 | - | period. | |
472 | - | WES MOORE, Governor Ch. 130 | |
443 | + | (d) (1) Subject to paragraph (2) of this subsection, the members of the 6 | |
444 | + | governing board shall be appointed by the governing board. 7 | |
473 | 445 | ||
474 | - | – 11 – | |
475 | - | (4) The governing board shall fill any vacancy in accordance with | |
476 | - | subsection (f) of this section. | |
446 | + | (2) The initial members of a governing board shall be appointed by the 8 | |
447 | + | Regional Advisory Council of the regional resource center. 9 | |
477 | 448 | ||
478 | - | (j) (1) In addition to the other powers expressly granted and duties imposed | |
479 | - | by this subtitle, a governing board has the powers and duties set forth in this subsection. | |
449 | + | (e) A member of a governing board: 10 | |
480 | 450 | ||
481 | - | ( | |
451 | + | (1) May not receive compensation as a member of the governing board; but 11 | |
482 | 452 | ||
483 | - | ( | |
484 | - | ||
453 | + | (2) Is entitled to reimbursement for expenses in accordance with the rules, 12 | |
454 | + | policies, and bylaws of the regional resource center. 13 | |
485 | 455 | ||
486 | - | (ii) Determine the policies of the regional resource center; | |
456 | + | (f) (1) Each member serves for a term of 5 years beginning July 1 immediately 14 | |
457 | + | following the member’s appointment and until a successor is appointed and qualifies. 15 | |
487 | 458 | ||
488 | - | (iii) Adopt reasonable rules and bylaws for the use of the regional | |
489 | - | resource center and the conduct of its business; | |
459 | + | (2) A member may not serve for more than two consecutive terms. 16 | |
490 | 460 | ||
491 | - | (iv) Approve the regional resource center budget; | |
461 | + | (3) (i) The governing board shall appoint a qualified individual to fill 17 | |
462 | + | any vacancy in the member’s position for the remainder of that term until a successor is 18 | |
463 | + | appointed and qualifies. 19 | |
492 | 464 | ||
493 | - | (v) In accordance with the regulations and laws of the State, receive, | |
494 | - | account for, control, and supervise the spending of all public funds received by the regional | |
495 | - | resource center; | |
465 | + | (ii) A member appointed to fill a vacancy under subparagraph (i) of 20 | |
466 | + | this paragraph may serve for two additional terms. 21 | |
496 | 467 | ||
497 | - | (VI) ADOPT AND FOLLOW A WRITTEN POLICY FOR OPERATION | |
498 | - | OF THE REGIONAL RESO URCE CENTER THAT IS CONSISTENT W ITH THE STATE | |
499 | - | STANDARDS FOR LIBRAR IES AND CONDUCT THE OPER ATION OF THE REGIONAL | |
500 | - | RESOURCE CENTER IN A MAN NER CONSISTENT WITH THE WRITTEN POLICY; | |
468 | + | (g) (1) A governing board shall elect a chair from among its members each 22 | |
469 | + | year. 23 | |
501 | 470 | ||
502 | - | ||
503 | - | ||
471 | + | (2) A governing board may elect any other officers determined necessary 24 | |
472 | + | by the board. 25 | |
504 | 473 | ||
505 | - | ||
506 | - | ||
474 | + | (3) If a governing board elects a treasurer, the treasurer shall be 26 | |
475 | + | appropriately bonded. 27 | |
507 | 476 | ||
508 | - | 1. The amount of money received from the library fund and | |
509 | - | other sources; | |
477 | + | (h) (1) A governing board: 28 | |
510 | 478 | ||
511 | - | 2. Itemized expenses; | |
479 | + | (i) Shall determine the time and place of its meetings; and 29 | |
480 | + | SENATE BILL 738 11 | |
512 | 481 | ||
513 | - | 3. The number of books and periodicals in the possession of | |
514 | - | and owned by the regional resource center; | |
515 | 482 | ||
516 | - | | |
483 | + | (ii) May adopt rules for the conduct of its meetings. 1 | |
517 | 484 | ||
518 | - | 5. Any other information required by the State Library | |
519 | - | Board. | |
520 | - | Ch. 130 2024 LAWS OF MARYLAND | |
485 | + | (2) A governing board shall meet at least once every 3 months. 2 | |
521 | 486 | ||
522 | - | – 12 – | |
523 | - | (3) A governing board may: | |
487 | + | (3) A governing board is subject to the Open Meetings Act. 3 | |
524 | 488 | ||
525 | - | (i) Apply, accept, and expend any gift, appropriation, or grant from | |
526 | - | the State, county, or federal government or any other person on behalf of the regional | |
527 | - | resource center; | |
489 | + | (4) A majority of the appointed members of the governing board is a 4 | |
490 | + | quorum. 5 | |
528 | 491 | ||
529 | - | (ii) Recommend the purchase, condemnation, rental, acquisition, | |
530 | - | use, or conveyance of property for any valid purpose under this section; | |
492 | + | (i) (1) A member of a governing board who fails to attend at least 50% of the 6 | |
493 | + | scheduled meetings of the board during any consecutive 12–month period shall be 7 | |
494 | + | considered to have resigned. 8 | |
531 | 495 | ||
532 | - | (iii) Recommend plans for the regional resource centers, including | |
533 | - | the use of facilities of participating libraries, additions to the facilities of participating | |
534 | - | libraries, or new facilities separate from the existing facilities of participating libraries; | |
496 | + | (2) If the member has been unable to attend meetings for reasons 9 | |
497 | + | satisfactory to the governing board, the governing board may waive the resignation. 10 | |
535 | 498 | ||
536 | - | ( | |
537 | - | ||
538 | - | ||
499 | + | (3) The chair of a governing board shall report the member’s name and 11 | |
500 | + | nonattendance to the State Library Board within 45 days after the end of the 12–month 12 | |
501 | + | period. 13 | |
539 | 502 | ||
540 | - | (v) Make agreements with any person for any library service; and | |
503 | + | (4) The governing board shall fill any vacancy in accordance with 14 | |
504 | + | subsection (f) of this section. 15 | |
541 | 505 | ||
542 | - | ( | |
543 | - | ||
506 | + | (j) (1) In addition to the other powers expressly granted and duties imposed 16 | |
507 | + | by this subtitle, a governing board has the powers and duties set forth in this subsection. 17 | |
544 | 508 | ||
545 | - | (4) In addition to other reports that may be required by the State Library | |
546 | - | Board, the Board shall: | |
509 | + | (2) A governing board shall: 18 | |
547 | 510 | ||
548 | - | (i) | |
549 | - | ||
511 | + | (i) Select and appoint, with the advice of the State Librarian, a 19 | |
512 | + | professional librarian to serve as director of the regional resource center; 20 | |
550 | 513 | ||
551 | - | (ii) Cause an audit by an independent certified public accountant | |
552 | - | approved by the State Librarian to be made of the accounts and transactions of the regional | |
553 | - | resource center at the conclusion of each fiscal year; and | |
514 | + | (ii) Determine the policies of the regional resource center; 21 | |
554 | 515 | ||
555 | - | (iii) For any State money, be subject to an audit by the Office of | |
556 | - | Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government | |
557 | - | Article. | |
516 | + | (iii) Adopt reasonable rules and bylaws for the use of the regional 22 | |
517 | + | resource center and the conduct of its business; 23 | |
558 | 518 | ||
559 | - | (K) THE GOVERNING BOARD M AY NOT DISMISS , SUSPEND, DISCIPLINE, | |
560 | - | DEMOTE, REASSIGN, TRANSFER, OR OTHERWISE RETALIATE AG AINST AN EMPLOYEE | |
561 | - | FOR ACTING IN A MANN ER CONSISTENT WITH T HE REGIONAL RESOURCE CENTER’S | |
562 | - | WRITTEN POLICY IMPLE MENTING THE STATE STANDARDS FOR L IBRARIES. | |
519 | + | (iv) Approve the regional resource center budget; 24 | |
563 | 520 | ||
564 | - | 23–205. | |
521 | + | (v) In accordance with the regulations and laws of the State, receive, 25 | |
522 | + | account for, control, and supervise the spending of all public funds received by the regional 26 | |
523 | + | resource center; 27 | |
565 | 524 | ||
566 | - | (a) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION , EACH year, the | |
567 | - | State Library Board may include in its budget operating funds for: | |
568 | - | WES MOORE, Governor Ch. 130 | |
525 | + | (VI) ADOPT AND FOLLOW A WRITTEN POLICY FOR OPERATION 28 | |
526 | + | OF THE REGIONAL RESOURC E CENTER THAT IS CONSISTENT W ITH THE STATE 29 | |
527 | + | STANDARDS FOR LIBRAR IES AND CONDUCT THE OPER ATION OF THE REGIONAL 30 | |
528 | + | RESOURCE CENTER IN A MANNER CONSISTENT WI TH THE WRITTEN POLICY; 31 12 SENATE BILL 738 | |
569 | 529 | ||
570 | - | – 13 – | |
571 | - | (1) The State Library Resource Center; | |
572 | 530 | ||
573 | - | (2) Each regional resource center; | |
574 | 531 | ||
575 | - | (3) The Maryland Library for the Blind and Print Disabled; | |
532 | + | [(vi)] (VII) Publish the results of the audit conducted un der 1 | |
533 | + | paragraph (4)(ii) of this subsection; and 2 | |
576 | 534 | ||
577 | - | (4) The Deaf Culture Digital Library; and | |
535 | + | [(vii)] (VIII) Submit a report to the State Librarian on or before 3 | |
536 | + | November 1 each year that includes: 4 | |
578 | 537 | ||
579 | - | (5) Each metropolitan cooperative service program. | |
538 | + | 1. The amount of money received from the library fund and 5 | |
539 | + | other sources; 6 | |
580 | 540 | ||
581 | - | (b) (1) [The] SUBJECT TO SUBSECTION (G) OF THIS SECTION , THE State | |
582 | - | shall pay all capital expenses for: | |
541 | + | 2. Itemized expenses; 7 | |
583 | 542 | ||
584 | - | (i) The State Library Resource Center; and | |
543 | + | 3. The number of books and periodicals in the possession of 8 | |
544 | + | and owned by the regional resource center; 9 | |
585 | 545 | ||
586 | - | | |
546 | + | 4. The results of the annual audit; and 10 | |
587 | 547 | ||
588 | - | | |
589 | - | ||
548 | + | 5. Any other information required by the State Library 11 | |
549 | + | Board. 12 | |
590 | 550 | ||
591 | - | ( | |
551 | + | (3) A governing board may: 13 | |
592 | 552 | ||
593 | - | ( | |
594 | - | ||
595 | - | ||
553 | + | (i) Apply, accept, and expend any gift, appropriation, or grant from 14 | |
554 | + | the State, county, or federal government or any other person on behalf of the regional 15 | |
555 | + | resource center; 16 | |
596 | 556 | ||
597 | - | (iii) Agree to reimburse the State Library Board an amount the State | |
598 | - | Library Board determines if the facility ceases to be used for a resource center or | |
599 | - | cooperative service program. | |
557 | + | (ii) Recommend the purchase, condemnation, rental, acquisition, 17 | |
558 | + | use, or conveyance of property for any valid purpose under this section; 18 | |
600 | 559 | ||
601 | - | ( | |
602 | - | ||
603 | - | ||
560 | + | (iii) Recommend plans for the regional resource centers, including 19 | |
561 | + | the use of facilities of participating libraries, additions to the facilities of participating 20 | |
562 | + | libraries, or new facilities separate from the existing facilities of participating libraries; 21 | |
604 | 563 | ||
605 | - | (2) The allocation shall be calculated as follows: | |
564 | + | (iv) Select the location of and approve plans for the erection of 22 | |
565 | + | regional resource center buildings, subject to the approval of the State Library Board and 23 | |
566 | + | the Governor; 24 | |
606 | 567 | ||
607 | - | (i) For each of fiscal years 2011 through 2015............ $6.75 per each | |
608 | - | resident of the area served; | |
568 | + | (v) Make agreements with any person for any library service; and 25 | |
609 | 569 | ||
610 | - | ( | |
611 | - | ||
570 | + | (vi) Perform any other actions necessary for the proper control and 26 | |
571 | + | development of the regional resource center. 27 | |
612 | 572 | ||
613 | - | (iii) For fiscal year 2017.................................................. $7.15 per each | |
614 | - | resident of the area served; | |
615 | - | Ch. 130 2024 LAWS OF MARYLAND | |
573 | + | (4) In addition to other reports that may be required by the State Library 28 | |
574 | + | Board, the Board shall: 29 | |
616 | 575 | ||
617 | - | – 14 – | |
618 | - | (iv) For fiscal year 2018.................................................. $7.55 per each | |
619 | - | resident of the area served; | |
576 | + | (i) Keep records that are consistent with sound business practices 30 | |
577 | + | and accounting records that use generally accepted accounting principles; 31 SENATE BILL 738 13 | |
620 | 578 | ||
621 | - | (v) For fiscal year 2019.................................................. $7.95 per each | |
622 | - | resident of the area served; | |
623 | 579 | ||
624 | - | (vi) For fiscal year 2020.................................................. $8.35 per each | |
625 | - | resident of the area served; | |
626 | 580 | ||
627 | - | (vii) For fiscal year 2021.................................................. $8.55 per each | |
628 | - | resident of the area served; | |
581 | + | (ii) Cause an audit by an independent certified public accountant 1 | |
582 | + | approved by the State Librarian to be made of the accounts and transactions of the regional 2 | |
583 | + | resource center at the conclusion of each fiscal year; and 3 | |
629 | 584 | ||
630 | - | (viii) For fiscal year 2022.................................................. $8.75 per each | |
631 | - | resident of the area served; | |
585 | + | (iii) For any State money, be subject to an audit by the Office of 4 | |
586 | + | Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government 5 | |
587 | + | Article. 6 | |
632 | 588 | ||
633 | - | (ix) For fiscal year 2023.................................................. $9.19 per each | |
634 | - | resident of the area served; | |
589 | + | (K) THE GOVERNING BOARD M AY NOT DISMISS , SUSPEND, DISCIPLINE, 7 | |
590 | + | DEMOTE, REASSIGN, TRANSFER, OR OTHERWISE RETALIA TE AGAINST AN EMPLOY EE 8 | |
591 | + | FOR ACTING IN A MANN ER CONSISTENT WITH T HE REGIONAL RESOURCE CENTER’S 9 | |
592 | + | WRITTEN POLICY IMPLEMENTING THE STATE STANDARDS FOR L IBRARIES. 10 | |
635 | 593 | ||
636 | - | (x) For fiscal year 2024.................................................. $9.39 per each | |
637 | - | resident of the area served; | |
594 | + | 23–205. 11 | |
638 | 595 | ||
639 | - | ( | |
640 | - | ||
596 | + | (a) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION , EACH year, the 12 | |
597 | + | State Library Board may include in its budget operating funds for: 13 | |
641 | 598 | ||
642 | - | (xii) For fiscal year 2026.................................................. $9.79 per each | |
643 | - | resident of the area served; and | |
599 | + | (1) The State Library Resource Center; 14 | |
644 | 600 | ||
645 | - | (xiii) For fiscal year 2027 and each fiscal year | |
646 | - | thereafter............................................................................................................ $9.99 per each | |
647 | - | resident of the area served. | |
601 | + | (2) Each regional resource center; 15 | |
648 | 602 | ||
649 | - | (d) (1) [Each] SUBJECT TO SUBSECT ION (G) OF THIS SECTION, EACH year | |
650 | - | the State Library Resource Center shall receive a minimum amount of funding for each | |
651 | - | State resident in the previous fiscal year, to be used for operating and capital expenses. | |
603 | + | (3) The Maryland Library for the Blind and Print Disabled; 16 | |
652 | 604 | ||
653 | - | ( | |
605 | + | (4) The Deaf Culture Digital Library; and 17 | |
654 | 606 | ||
655 | - | (i) For each of fiscal years 2010 through 2016............ $1.67 per State | |
656 | - | resident; | |
607 | + | (5) Each metropolitan cooperative service program. 18 | |
657 | 608 | ||
658 | - | ( | |
659 | - | ||
609 | + | (b) (1) [The] SUBJECT TO SUBSECTION (G) OF THIS SECTION , THE State 19 | |
610 | + | shall pay all capital expenses for: 20 | |
660 | 611 | ||
661 | - | (iii) For fiscal year 2018................................................. $1.73 per State | |
662 | - | resident; | |
663 | - | WES MOORE, Governor Ch. 130 | |
612 | + | (i) The State Library Resource Center; and 21 | |
664 | 613 | ||
665 | - | – 15 – | |
666 | - | (iv) For fiscal year 2019................................................. $1.77 per State | |
667 | - | resident; | |
614 | + | (ii) Each regional resource center. 22 | |
668 | 615 | ||
669 | - | ( | |
670 | - | ||
616 | + | (2) Before any money is spent under this subsection, the appropriate board 23 | |
617 | + | of library trustees shall: 24 | |
671 | 618 | ||
672 | - | (vi) For fiscal year 2021................................................. $1.85 per State | |
673 | - | resident; | |
619 | + | (i) Have the project approved by the State Library Board; 25 | |
674 | 620 | ||
675 | - | (vii) For fiscal year 2022................................................. $1.89 per State | |
676 | - | resident; | |
621 | + | (ii) Through the State Library Board, submit the request to the 26 | |
622 | + | Department of Budget and Management for consideration under Title 3, Subtitle 6 of the 27 | |
623 | + | State Finance and Procurement Article; and 28 | |
624 | + | 14 SENATE BILL 738 | |
677 | 625 | ||
678 | - | (viii) For fiscal year 2023................................................. $1.93 per State | |
679 | - | resident; and | |
680 | 626 | ||
681 | - | ( | |
682 | - | ||
683 | - | ||
627 | + | (iii) Agree to reimburse the State Library Board an amount the State 1 | |
628 | + | Library Board determines if the facility ceases to be used for a resource center or 2 | |
629 | + | cooperative service program. 3 | |
684 | 630 | ||
685 | - | (e) [Beginning] SUBJECT TO SUBSECTION (G) OF THIS SECTION, BEGINNING | |
686 | - | in fiscal year 2016 and in each fiscal year thereafter, the Maryland Library for the Blind | |
687 | - | and Print Disabled shall receive an amount equivalent to at least 25% of the amount | |
688 | - | received by the State Library Resource Center for the same fiscal year under subsection (d) | |
689 | - | of this section. | |
631 | + | (c) (1) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION, EACH year 4 | |
632 | + | each participating regional resource center shall receive a minimum amount of funding for 5 | |
633 | + | each resident of the area served, to be used for operating and capital expenses. 6 | |
690 | 634 | ||
691 | - | ( | |
635 | + | (2) The allocation shall be calculated as follows: 7 | |
692 | 636 | ||
693 | - | (i) Disburse funds to the State and regional resource centers, the | |
694 | - | Maryland Library for the Blind and Print Disabled, and metropolitan cooperative service | |
695 | - | programs; and | |
637 | + | (i) For each of fiscal years 2011 through 2015............ $6.75 per each 8 | |
638 | + | resident of the area served; 9 | |
696 | 639 | ||
697 | - | (ii) | |
698 | - | ||
640 | + | (ii) For fiscal year 2016.................................................. $6.95 per each 10 | |
641 | + | resident of the area served; 11 | |
699 | 642 | ||
700 | - | (2) The State Library Board may authorize the State Comptroller to | |
701 | - | withhold funds from any regional resource center or metropolitan cooperative service | |
702 | - | program that fails to meet the standards adopted by the State Library Board. | |
643 | + | (iii) For fiscal year 2017.................................................. $7.15 per each 12 | |
644 | + | resident of the area served; 13 | |
703 | 645 | ||
704 | - | (G) (1) RECEIPT OF FUNDING UN DER THIS SECTION IS CONTINGENT ON A | |
705 | - | LIBRARY, RESOURCE CENTER , OR METROPOLITAN COOPERATIVE SERVICE | |
706 | - | PROGRAM ADOPTING A W RITTEN POLICY FOR OPERATION OF THE LIBRARY, | |
707 | - | CENTER, OR PROGRAM THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR | |
708 | - | LIBRARIES. | |
646 | + | (iv) For fiscal year 2018.................................................. $7.55 per each 14 | |
647 | + | resident of the area served; 15 | |
709 | 648 | ||
710 | - | ( | |
711 | - | ||
649 | + | (v) For fiscal year 2019.................................................. $7.95 per each 16 | |
650 | + | resident of the area served; 17 | |
712 | 651 | ||
713 | - | – 16 – | |
714 | - | OR COOPERATIVE SERVI CE PROGRAM THAT DOES NOT ADOPT A WRITTEN POLICY | |
715 | - | THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR L IBRARIES | |
652 | + | (vi) For fiscal year 2020.................................................. $8.35 per each 18 | |
653 | + | resident of the area served; 19 | |
716 | 654 | ||
717 | - | (I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS | |
718 | - | FROM ANY REGIONAL RE SOURCE CENTER OR MET ROPOLITAN COOPERATIV E | |
719 | - | SERVICE PROGRAM THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO | |
720 | - | MEET THE STATE STANDARDS FOR L IBRARIES. | |
655 | + | (vii) For fiscal year 2021.................................................. $8.55 per each 20 | |
656 | + | resident of the area served; 21 | |
721 | 657 | ||
722 | - | (II) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD | |
723 | - | FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UNTIL THE STATE LIBRARY | |
724 | - | BOARD CERTIFIES THAT THE REGIONAL RESOURC E CENTER OR METROPOL ITAN | |
725 | - | COOPERATIVE SERVICE PROGRAM HAS ADOPTED A WRITTEN POLICY CON SISTENT | |
726 | - | WITH THE STATE STANDARDS FOR L IBRARIES. | |
658 | + | (viii) For fiscal year 2022.................................................. $8.75 per each 22 | |
659 | + | resident of the area served; 23 | |
727 | 660 | ||
728 | - | 23–406. | |
661 | + | (ix) For fiscal year 2023.................................................. $9.19 per each 24 | |
662 | + | resident of the area served; 25 | |
729 | 663 | ||
730 | - | (a) Each board of library trustees: | |
664 | + | (x) For fiscal year 2024.................................................. $9.39 per each 26 | |
665 | + | resident of the area served; 27 | |
731 | 666 | ||
732 | - | ( | |
733 | - | ||
667 | + | (xi) For fiscal year 2025.................................................. $9.59 per each 28 | |
668 | + | resident of the area served; 29 | |
734 | 669 | ||
735 | - | (2) May delegate to the director its authority to appoint any other | |
736 | - | necessary employees. | |
670 | + | (xii) For fiscal year 2026.................................................. $9.79 per each 30 | |
671 | + | resident of the area served; and 31 | |
672 | + | SENATE BILL 738 15 | |
737 | 673 | ||
738 | - | (b) Each board of library trustees shall establish policies for: | |
739 | 674 | ||
740 | - | (1) Staff classification; | |
675 | + | (xiii) For fiscal year 2027 and each fiscal year 1 | |
676 | + | thereafter............................................................................................................ $9.99 per each 2 | |
677 | + | resident of the area served. 3 | |
741 | 678 | ||
742 | - | (2) Salaries; | |
679 | + | (d) (1) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION, EACH year 4 | |
680 | + | the State Library Resource Center shall receive a minimum amount of funding for each 5 | |
681 | + | State resident in the previous fiscal year, to be used for operating and capital expenses. 6 | |
743 | 682 | ||
744 | - | ( | |
683 | + | (2) The allocation shall be calculated as follows: 7 | |
745 | 684 | ||
746 | - | (4) Suspension with pay; | |
685 | + | (i) For each of fiscal years 2010 through 2016............ $1.67 per State 8 | |
686 | + | resident; 9 | |
747 | 687 | ||
748 | - | (5) Grievance procedures; | |
688 | + | (ii) For fiscal year 2017................................................. $1.69 per State 10 | |
689 | + | resident; 11 | |
749 | 690 | ||
750 | - | (6) Benefits, including vacation and sick leave; | |
691 | + | (iii) For fiscal year 2018................................................. $1.73 per State 12 | |
692 | + | resident; 13 | |
751 | 693 | ||
752 | - | (7) Hours of work; and | |
694 | + | (iv) For fiscal year 2019................................................. $1.77 per State 14 | |
695 | + | resident; 15 | |
753 | 696 | ||
754 | - | ( | |
755 | - | ||
697 | + | (v) For fiscal year 2020................................................. $1.81 per State 16 | |
698 | + | resident; 17 | |
756 | 699 | ||
757 | - | ( | |
758 | - | ||
700 | + | (vi) For fiscal year 2021................................................. $1.85 per State 18 | |
701 | + | resident; 19 | |
759 | 702 | ||
760 | - | – 17 – | |
761 | - | (1) Shall hold a certificate of library qualifications issued by the State | |
762 | - | Superintendent; or | |
703 | + | (vii) For fiscal year 2022................................................. $1.89 per State 20 | |
704 | + | resident; 21 | |
763 | 705 | ||
764 | - | ( | |
765 | - | ||
706 | + | (viii) For fiscal year 2023................................................. $1.93 per State 22 | |
707 | + | resident; and 23 | |
766 | 708 | ||
767 | - | (ii) Shall apply for certification within 6 months of starting | |
768 | - | employment. | |
709 | + | (ix) For fiscal year 2024 and each fiscal year 24 | |
710 | + | thereafter........................................................................................................... $1.97 per State 25 | |
711 | + | resident. 26 | |
769 | 712 | ||
770 | - | (d) (1) The director or the director’s designee may suspend a library employee | |
771 | - | without pay for a specified period up to 10 working days, for the following reasons: | |
713 | + | (e) [Beginning] SUBJECT TO SUBSECTION (G) OF THIS SECTION, BEGINNING 27 | |
714 | + | in fiscal year 2016 and in each fiscal year thereafter, the Maryland Library for the Blind 28 | |
715 | + | and Print Disabled shall receive an amount equivalent to at least 25% of the amount 29 | |
716 | + | received by the State Library Resource Center for the same fiscal year under subsection (d) 30 | |
717 | + | of this section. 31 | |
772 | 718 | ||
773 | - | (i) Misconduct in office; | |
719 | + | (f) (1) The State Library Board shall: 32 | |
720 | + | 16 SENATE BILL 738 | |
774 | 721 | ||
775 | - | (ii) Insubordination; | |
776 | 722 | ||
777 | - | (iii) Incompetency; or | |
723 | + | (i) Disburse funds to the State and regional resource centers, the 1 | |
724 | + | Maryland Library for the Blind and Print Disabled, and metropolitan cooperative service 2 | |
725 | + | programs; and 3 | |
778 | 726 | ||
779 | - | (iv) Willful neglect of duty. | |
727 | + | (ii) Require that these funds be used subject to any conditions 4 | |
728 | + | specified by the appropriating agency or imposed under this subtitle. 5 | |
780 | 729 | ||
781 | - | (2) (i) The director or the director’s designee shall give the suspended | |
782 | - | employee a written statement that specifies the reasons for the suspension. | |
730 | + | (2) The State Library Board may authorize the State Comptroller to 6 | |
731 | + | withhold funds from any regional resource center or metropolitan cooperative service 7 | |
732 | + | program that fails to meet the standards adopted by the State Library Board. 8 | |
783 | 733 | ||
784 | - | (ii) The director or the director’s designee shall place a copy of the | |
785 | - | written statement that specifies the reasons for the suspension in the employee’s official | |
786 | - | personnel file. | |
734 | + | (G) (1) RECEIPT OF FUNDING UN DER THIS SECTION IS CONTINGENT ON A 9 | |
735 | + | LIBRARY, RESOURCE CENTER , OR METROPOLITAN COOPERATIVE SERVICE 10 | |
736 | + | PROGRAM ADOPTING A W RITTEN POLICY FOR OPERATION OF THE LIBRARY, 11 | |
737 | + | CENTER, OR PROGRAM THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR 12 | |
738 | + | LIBRARIES. 13 | |
787 | 739 | ||
788 | - | (3) (i) The employee shall have the opportunity to reply in writing to | |
789 | - | the director within 10 working days after the employee receives notice of the suspension. | |
740 | + | (2) THE STATE LIBRARIAN SHALL AUTHO RIZE THE STATE 14 | |
741 | + | COMPTROLLER TO WITHHO LD STATE FUNDS FROM A LI BRARY, RESOURCE CENTER , 15 | |
742 | + | OR COOPERATIVE SERVICE PROGRAM THAT DOES NOT ADOPT A WRI TTEN POLICY 16 | |
743 | + | THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR L IBRARIES 17 | |
790 | 744 | ||
791 | - | (ii) The employee may request a hearing before the board of trustees | |
792 | - | within 10 working days after receiving notice of the suspension. | |
745 | + | (I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS 18 | |
746 | + | FROM ANY REGIONAL RE SOURCE CENTER OR MET ROPOLITAN COOPERATIV E 19 | |
747 | + | SERVICE PROGRAM THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO 20 | |
748 | + | MEET THE STATE STANDARDS FOR L IBRARIES. 21 | |
793 | 749 | ||
794 | - | (iii) If the employee requests a hearing within the 10–day period, the | |
795 | - | board shall promptly hold a hearing, but a hearing may not be set within 10 working days | |
796 | - | after the board sends the employee a notice of the hearing. | |
750 | + | (II) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD 22 | |
751 | + | FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UN TIL THE STATE LIBRARY 23 | |
752 | + | BOARD CERTIFIES THAT THE REGIONAL RESOURC E CENTER OR METROPOLITAN 24 | |
753 | + | COOPERATIVE SERVICE PROGRAM HAS ADOPTED A WRITTEN POLICY CON SISTENT 25 | |
754 | + | WITH THE STATE STANDARDS FOR L IBRARIES. 26 | |
797 | 755 | ||
798 | - | (4) If an employee is suspended without pay and found not guilty of the | |
799 | - | reasons for the suspension, the board shall refund all pay benefits lost by reason of the | |
800 | - | suspension to the employee. | |
756 | + | 23–406. 27 | |
801 | 757 | ||
802 | - | (5) Suspension of an employee with pay shall be as provided by the library’s | |
803 | - | personnel policy. | |
804 | - | Ch. 130 2024 LAWS OF MARYLAND | |
758 | + | (a) Each board of library trustees: 28 | |
805 | 759 | ||
806 | - | – 18 – | |
807 | - | (e) (1) On written recommendation of the library director, each board of | |
808 | - | library trustees may dismiss any library employee under its jurisdiction for any of the | |
809 | - | following reasons: | |
760 | + | (1) Shall select and appoint a professional librarian eligible for certification 29 | |
761 | + | as director of the library to serve at the pleasure of the board; and 30 | |
810 | 762 | ||
811 | - | (i) Misconduct in office; | |
763 | + | (2) May delegate to the director its authority to appoint any other 31 | |
764 | + | necessary employees. 32 | |
812 | 765 | ||
813 | - | (ii) Insubordination; | |
766 | + | (b) Each board of library trustees shall establish policies for: 33 | |
767 | + | SENATE BILL 738 17 | |
814 | 768 | ||
815 | - | (iii) Incompetency; or | |
816 | 769 | ||
817 | - | ( | |
770 | + | (1) Staff classification; 1 | |
818 | 771 | ||
819 | - | (2) (i) Before removing an employee, the director shall send the | |
820 | - | employee a written copy of the charges against the employee and give the employee an | |
821 | - | opportunity to request a hearing before the board within 10 working days. | |
772 | + | (2) Salaries; 2 | |
822 | 773 | ||
823 | - | (ii) If the employee requests a hearing within the 10–day period the | |
824 | - | board promptly shall hold a hearing, but a hearing may not be set within 10 working days | |
825 | - | after the board sends the employee a notice of the hearing. | |
774 | + | (3) Work conditions; 3 | |
826 | 775 | ||
827 | - | (iii) The employee shall have an opportunity to be heard publicly | |
828 | - | before the board in his own defense, in person or by counsel and to bring witnesses to the | |
829 | - | hearing. | |
776 | + | (4) Suspension with pay; 4 | |
830 | 777 | ||
831 | - | ( | |
778 | + | (5) Grievance procedures; 5 | |
832 | 779 | ||
833 | - | ( | |
780 | + | (6) Benefits, including vacation and sick leave; 6 | |
834 | 781 | ||
835 | - | (ii) The decision is not unanimous, the employee may appeal to the | |
836 | - | State Library Board through the State Librarian. | |
782 | + | (7) Hours of work; and 7 | |
837 | 783 | ||
838 | - | (F) IF THE BOARD OF LIBRA RY TRUSTEES ADOPTS A WRITTEN POLICY | |
839 | - | CONSISTENT WITH THE STATE STANDARDS FOR L IBRARIES, AN EMPLOYEE MAY NOT | |
840 | - | BE DISMISSED, SUSPENDED, DISCIPLINED, DEMOTED, REASSIGNED, TRANSFERRED , | |
841 | - | OR OTHERWISE RETALIA TED AGAINST FOR ACTING IN A MANNER PERFORMING | |
842 | - | THEIR JOB DUTIES CONSISTENT WITH THE ADOPTED WRITTEN POLI CY. | |
784 | + | (8) Any other personnel procedures and practices necessary for the efficient 8 | |
785 | + | operation of the library. 9 | |
843 | 786 | ||
844 | - | ||
787 | + | (c) Each professional public librarian appointee to the professional library staff: 10 | |
845 | 788 | ||
846 | - | (1) Act as the general executive officer of the library and be responsible for | |
847 | - | the management of its operations in accordance with policies approved by the board of | |
848 | - | library trustees; | |
789 | + | (1) Shall hold a certificate of library qualifications issued by the State 11 | |
790 | + | Superintendent; or 12 | |
849 | 791 | ||
850 | - | (2) Prepare the annual budget of the library, and present it to the board for | |
851 | - | approval; | |
852 | - | WES MOORE, Governor Ch. 130 | |
792 | + | (2) (i) Shall be eligible for State certification as a professional public 13 | |
793 | + | librarian; and 14 | |
853 | 794 | ||
854 | - | – 19 – | |
855 | - | (3) Nominate for appointment all library employees in the county library | |
856 | - | system; and | |
795 | + | (ii) Shall apply for certification within 6 months of starting 15 | |
796 | + | employment. 16 | |
857 | 797 | ||
858 | - | ( | |
859 | - | ||
798 | + | (d) (1) The director or the director’s designee may suspend a library employee 17 | |
799 | + | without pay for a specified period up to 10 working days, for the following reasons: 18 | |
860 | 800 | ||
861 | - | ||
801 | + | (i) Misconduct in office; 19 | |
862 | 802 | ||
863 | - | (a) A person may not KNOWINGLY AND unlawfully take, detain, mutilate, injure, | |
864 | - | or disfigure any book, map, picture, engraving, manuscript, or other property of any library. | |
803 | + | (ii) Insubordination; 20 | |
865 | 804 | ||
866 | - | (b) Any person who violates this section is guilty of a misdemeanor and on | |
867 | - | conviction is subject to a fine not exceeding [$250] $1,000, imprisonment not exceeding 3 | |
868 | - | months, or both. | |
805 | + | (iii) Incompetency; or 21 | |
869 | 806 | ||
870 | - | ||
807 | + | (iv) Willful neglect of duty. 22 | |
871 | 808 | ||
872 | - | ( | |
873 | - | ||
809 | + | (2) (i) The director or the director’s designee shall give the suspended 23 | |
810 | + | employee a written statement that specifies the reasons for the suspension. 24 | |
874 | 811 | ||
875 | - | (2) [The] SUBJECT TO SUBS ECTION (D) OF THIS SECTION , THE State | |
876 | - | shall provide: | |
812 | + | (ii) The director or the director’s designee shall place a copy of the 25 | |
813 | + | written statement that specifies the reasons for the suspension in the employee’s official 26 | |
814 | + | personnel file. 27 | |
815 | + | 18 SENATE BILL 738 | |
877 | 816 | ||
878 | - | (i) Approximately 40 percent of the total cost of the minimum | |
879 | - | program; and | |
880 | 817 | ||
881 | - | ( | |
882 | - | ||
818 | + | (3) (i) The employee shall have the opportunity to reply in writing to 1 | |
819 | + | the director within 10 working days after the employee receives notice of the suspension. 2 | |
883 | 820 | ||
884 | - | (3) The counties participating in the program together shall provide | |
885 | - | through local taxes approximately 60 percent of the total statewide cost of the minimum | |
886 | - | program. | |
821 | + | (ii) The employee may request a hearing before the board of trustees 3 | |
822 | + | within 10 working days after receiving notice of the suspension. 4 | |
887 | 823 | ||
888 | - | ( | |
889 | - | ||
890 | - | ||
824 | + | (iii) If the employee requests a hearing within the 10–day period, the 5 | |
825 | + | board shall promptly hold a hearing, but a hearing may not be set within 10 working days 6 | |
826 | + | after the board sends the employee a notice of the hearing. 7 | |
891 | 827 | ||
892 | - | (i) For each of fiscal years 2011 through 2015 – $14.00; | |
828 | + | (4) If an employee is suspended without pay and found not guilty of the 8 | |
829 | + | reasons for the suspension, the board shall refund all pay benefits lost by reason of the 9 | |
830 | + | suspension to the employee. 10 | |
893 | 831 | ||
894 | - | (ii) For fiscal year 2016 – $14.27; | |
832 | + | (5) Suspension of an employee with pay shall be as provided by the library’s 11 | |
833 | + | personnel policy. 12 | |
895 | 834 | ||
896 | - | (iii) For fiscal year 2017 – $14.54; | |
835 | + | (e) (1) On written recommendation of the library director, each board of 13 | |
836 | + | library trustees may dismiss any library employee under its jurisdiction for any of the 14 | |
837 | + | following reasons: 15 | |
897 | 838 | ||
898 | - | ( | |
839 | + | (i) Misconduct in office; 16 | |
899 | 840 | ||
900 | - | ( | |
841 | + | (ii) Insubordination; 17 | |
901 | 842 | ||
902 | - | ||
843 | + | (iii) Incompetency; or 18 | |
903 | 844 | ||
904 | - | ( | |
845 | + | (iv) Willful neglect of duty. 19 | |
905 | 846 | ||
906 | - | (vii) For fiscal year 2021 – $16.43; | |
847 | + | (2) (i) Before removing an employee, the director shall send the 20 | |
848 | + | employee a written copy of the charges against the employee and give the employee an 21 | |
849 | + | opportunity to request a hearing before the board within 10 working days. 22 | |
907 | 850 | ||
908 | - | (viii) For fiscal year 2022 – $17.10; | |
851 | + | (ii) If the employee requests a hearing within the 10–day period the 23 | |
852 | + | board promptly shall hold a hearing, but a hearing may not be set within 10 working days 24 | |
853 | + | after the board sends the employee a notice of the hearing. 25 | |
909 | 854 | ||
910 | - | (ix) For fiscal year 2023 – $17.50; | |
855 | + | (iii) The employee shall have an opportunity to be heard publicly 26 | |
856 | + | before the board in his own defense, in person or by counsel and to bring witnesses to the 27 | |
857 | + | hearing. 28 | |
911 | 858 | ||
912 | - | ( | |
859 | + | (3) If the board votes to remove the employee and: 29 | |
913 | 860 | ||
914 | - | ( | |
861 | + | (i) The decision is unanimous, the decision of the board is final; or 30 | |
915 | 862 | ||
916 | - | (xii) For fiscal year 2026 – $18.70; and | |
863 | + | (ii) The decision is not unanimous, the employee may appeal to the 31 | |
864 | + | State Library Board through the State Librarian. 32 SENATE BILL 738 19 | |
917 | 865 | ||
918 | - | (xiii) For fiscal year 2027 and each fiscal year thereafter – $19.10. | |
919 | 866 | ||
920 | - | (2) (i) [The] SUBJECT TO SUBSECTION (D) OF THIS SECTION , THE | |
921 | - | State shall share in this amount. | |
922 | 867 | ||
923 | - | (ii) Any county may provide an amount greater than its share under | |
924 | - | the cooperative program, but the State may not share in the excess. | |
868 | + | (F) IF THE BOARD OF LIBRA RY TRUSTEES ADOPTS A WRITTEN POLICY 1 | |
869 | + | CONSISTENT WITH TH E STATE STANDARDS FOR L IBRARIES, AN EMPLOYEE MAY NOT 2 | |
870 | + | BE DISMISSED, SUSPENDED, DISCIPLINED, DEMOTED, REASSIGNED, TRANSFERRED , 3 | |
871 | + | OR OTHERWISE RETALIA TED AGAINST FOR ACTING IN A MANNER PERFORMING 4 | |
872 | + | THEIR JOB DUTIES CONSISTENT WITH THE ADOPTED WRITTEN POLI CY. 5 | |
925 | 873 | ||
926 | - | (c) Any employer Social Security contributions required by federal law for any | |
927 | - | employee in a county public library system shall remain the obligation of the employer. | |
874 | + | [(f)] (G) The director of each library shall: 6 | |
928 | 875 | ||
929 | - | (D) (1) RECEIPT OF STATE FUNDING FOR A C OUNTY LIBRARY SYSTEM | |
930 | - | THAT PARTICIPATES IN THE MINIMUM LIBRARY PROGRAM UNDER THIS SECTIO N IS | |
931 | - | CONTINGENT ON THE BO ARD OF LIBRARY TRUST EES ADOPTING A WRITT EN POLICY | |
932 | - | FOR OPERATION OF THE COUNTY LIBRARY SYSTE M THAT IS CONSISTENT W ITH THE | |
933 | - | STATE STANDARDS FOR L IBRARIES. | |
876 | + | (1) Act as the general executive officer of the library and be responsible for 7 | |
877 | + | the management of its operations in accordance with policies approved by the board of 8 | |
878 | + | library trustees; 9 | |
934 | 879 | ||
935 | - | (2) THE STATE LIBRARIAN SHALL AUTHO RIZE THE STATE | |
936 | - | COMPTROLLER TO WITHHO LD STATE FUNDS FROM A CO UNTY PUBLIC LIBRARY | |
937 | - | SYSTEM THAT DOES NOT ADOPT A WRITTEN POLI CY THAT IS CONSISTEN T WITH THE | |
938 | - | STATE STANDARDS FOR L IBRARIES | |
880 | + | (2) Prepare the annual budget of the library, and present it to the board for 10 | |
881 | + | approval; 11 | |
939 | 882 | ||
940 | - | (I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS | |
941 | - | FROM A COUNTY LIBRAR Y SYSTEM THAT THE STATE LIBRARY BOARD CERTIFIES | |
942 | - | HAS FAILED TO MEET T HE STATE STANDARDS FOR L IBRARIES. | |
883 | + | (3) Nominate for appointment all library employees in the county library 12 | |
884 | + | system; and 13 | |
943 | 885 | ||
944 | - | (II) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD | |
945 | - | FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UN TIL THE STATE LIBRARY | |
946 | - | BOARD CERTIFIES THAT THE COUNTY LIBRARY S YSTEM HAS ADOPTED A WRI TTEN | |
947 | - | POLICY CONSISTENT WI TH THE STATE STANDARDS FOR L IBRARIES. WES MOORE, Governor Ch. 130 | |
886 | + | (4) Establish reasonable rules and adopt regulations for the use of the 14 | |
887 | + | library system subject to approval by the board of library trustees. 15 | |
948 | 888 | ||
949 | - | – | |
889 | + | 23–408. 16 | |
950 | 890 | ||
951 | - | 23–506. | |
891 | + | (a) A person may not KNOWINGLY AND unlawfully take, detain, mutilate, injure, 17 | |
892 | + | or disfigure any book, map, picture, engraving, manuscript, or other property of any library. 18 | |
952 | 893 | ||
953 | - | (a) The State Librarian shall authorize the payment of funds under this subtitle: | |
894 | + | (b) Any person who violates this section is guilty of a misdemeanor and on 19 | |
895 | + | conviction is subject to a fine not exceeding [$250] $1,000, imprisonment not exceeding 3 20 | |
896 | + | months, or both. 21 | |
954 | 897 | ||
955 | - | (1) To the board of library trustees of each county that has a board of | |
956 | - | trustees; or | |
898 | + | 23–503. 22 | |
957 | 899 | ||
958 | - | ( | |
959 | - | ||
900 | + | (a) (1) The entire capital and operating cost of the minimum library program 23 | |
901 | + | for this State as a whole shall be shared as provided in this subsection. 24 | |
960 | 902 | ||
961 | - | ( | |
962 | - | ||
903 | + | (2) [The] SUBJECT TO SUBSECTION (D) OF THIS SECTION , THE State 25 | |
904 | + | shall provide: 26 | |
963 | 905 | ||
964 | - | ( | |
965 | - | ||
906 | + | (i) Approximately 40 percent of the total cost of the minimum 27 | |
907 | + | program; and 28 | |
966 | 908 | ||
967 | - | (c) (1) The funds provided under this subtitle may be used only for library | |
968 | - | purposes. | |
909 | + | (ii) Not less than 20 percent of the cost of the minimum program in 29 | |
910 | + | any county. 30 | |
911 | + | 20 SENATE BILL 738 | |
969 | 912 | ||
970 | - | (2) The State Librarian shall require that these funds be used subject to | |
971 | - | [any]: | |
972 | 913 | ||
973 | - | (I) THE ADOPTION OF A WRI TTEN POLICY FOR OPERATION OF | |
974 | - | THE COUNTY LIBRARY S YSTEM CONSISTENT WITH THE STATE STANDARDS FOR | |
975 | - | LIBRARIES BY EACH BO ARD OF LIBRARY TRUST EES OR, IF THE COUNTY DOES N OT | |
976 | - | HAVE A BOARD OF LIBR ARY TRUSTEES , THE COUNTY GOVERNMEN T; AND | |
914 | + | (3) The counties participating in the program together shall provide 1 | |
915 | + | through local taxes approximately 60 percent of the total statewide cost of the minimum 2 | |
916 | + | program. 3 | |
977 | 917 | ||
978 | - | (II) ANY OTHER conditions specified by the appropriating agency or | |
979 | - | imposed under this subtitle. | |
918 | + | (b) (1) [Each] SUBJECT TO SUBSECTION (D) OF THIS SECTION , EACH 4 | |
919 | + | county public library system that participates in the minimum library program shall be 5 | |
920 | + | provided for each resident of the county, to be used for operating and capital expenses: 6 | |
980 | 921 | ||
981 | - | ||
922 | + | (i) For each of fiscal years 2011 through 2015 – $14.00; 7 | |
982 | 923 | ||
983 | - | (A) The State Librarian shall authorize the State Comptroller to withhold State | |
984 | - | funds from any county that fails: | |
924 | + | (ii) For fiscal year 2016 – $14.27; 8 | |
985 | 925 | ||
986 | - | ( | |
926 | + | (iii) For fiscal year 2017 – $14.54; 9 | |
987 | 927 | ||
988 | - | (2) To meet the requirements of the law or of the State Library Board for | |
989 | - | operating the county library, INCLUDING THE REQUIR EMENT THAT THE COUNT Y | |
990 | - | LIBRARY BE OPERATED IN A MANNER THAT IS CONSISTENT WITH THE STATE | |
991 | - | STANDARDS FOR LIBRAR IES. | |
928 | + | (iv) For fiscal year 2018 – $15.00; 10 | |
992 | 929 | ||
993 | - | (B) (1) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS FROM A | |
994 | - | COUNTY THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO OPERATE Ch. 130 2024 LAWS OF MARYLAND | |
930 | + | (v) For fiscal year 2019 – $15.50; 11 | |
995 | 931 | ||
996 | - | – 22 – | |
997 | - | THE COUNTY LIBRARY S YSTEM CONSISTENT WIT H THE STATE STANDARDS FOR | |
998 | - | LIBRARIES. | |
932 | + | (vi) For fiscal year 2020 – $16.00; 12 | |
999 | 933 | ||
1000 | - | (2) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD FU NDS | |
1001 | - | UNDER PARAGRAPH (1) OF THIS SUBSECTION U NTIL THE STATE LIBRARY BOARD | |
1002 | - | CERTIFIES THAT THE C OUNTY HAS ADOPTED A WRITTEN POLICY FOR T HE | |
1003 | - | OPERATION OF THE COU NTY LIBRARY SYSTEM C ONSISTENT WITH THE STATE | |
1004 | - | STANDARDS FOR LIBRARIES. | |
934 | + | (vii) For fiscal year 2021 – $16.43; 13 | |
1005 | 935 | ||
1006 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July | |
1007 | - | 1, 2024 is an emergency measure, is necessary for the immediate preservation of the public | |
1008 | - | health or safety, has been passed by a yea and nay vote supported by three–fifths of all the | |
1009 | - | members elected to each of the two Houses of the General Assembly, and shall take effect | |
1010 | - | from the date it is enacted. | |
936 | + | (viii) For fiscal year 2022 – $17.10; 14 | |
1011 | 937 | ||
1012 | - | Approved by the Governor, April 25, 2024. | |
938 | + | (ix) For fiscal year 2023 – $17.50; 15 | |
939 | + | ||
940 | + | (x) For fiscal year 2024 – $17.90; 16 | |
941 | + | ||
942 | + | (xi) For fiscal year 2025 – $18.30; 17 | |
943 | + | ||
944 | + | (xii) For fiscal year 2026 – $18.70; and 18 | |
945 | + | ||
946 | + | (xiii) For fiscal year 2027 and each fiscal year thereafter – $19.10. 19 | |
947 | + | ||
948 | + | (2) (i) [The] SUBJECT TO SUBSECTION (D) OF THIS SECTION , THE 20 | |
949 | + | State shall share in this amount. 21 | |
950 | + | ||
951 | + | (ii) Any county may provide an amount greater than its share under 22 | |
952 | + | the cooperative program, but the State may not share in the excess. 23 | |
953 | + | ||
954 | + | (c) Any employer Social Security contributions required by federal law for any 24 | |
955 | + | employee in a county public library system shall remain the obligation of the employer. 25 | |
956 | + | ||
957 | + | (D) (1) RECEIPT OF STATE FUNDING FOR A C OUNTY LIBRARY SYSTEM 26 | |
958 | + | THAT PARTICIPATES IN TH E MINIMUM LIBRARY PR OGRAM UNDER THIS SEC TION IS 27 | |
959 | + | CONTINGENT ON THE BO ARD OF LIBRARY TRUST EES ADOPTING A WRITT EN POLICY 28 SENATE BILL 738 21 | |
960 | + | ||
961 | + | ||
962 | + | FOR OPERATION OF THE COUNTY LIBRARY SYSTE M THAT IS CONSISTENT W ITH THE 1 | |
963 | + | STATE STANDARDS FOR L IBRARIES. 2 | |
964 | + | ||
965 | + | (2) THE STATE LIBRARIAN SHALL AUTHO RIZE THE STATE 3 | |
966 | + | COMPTROLLER TO WITHHO LD STATE FUNDS FROM A CO UNTY PUBLIC LIBRARY 4 | |
967 | + | SYSTEM THAT DOES NOT ADOPT A WRITTEN POLI CY THAT IS CONSISTEN T WITH THE 5 | |
968 | + | STATE STANDARDS FOR L IBRARIES 6 | |
969 | + | ||
970 | + | (I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS 7 | |
971 | + | FROM A COUNTY LIBRAR Y SYSTEM THAT THE STATE LIBRARY BOARD CERTIFIES 8 | |
972 | + | HAS FAILED TO MEET T HE STATE STANDARDS FOR L IBRARIES. 9 | |
973 | + | ||
974 | + | (II) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD 10 | |
975 | + | FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UN TIL THE STATE LIBRARY 11 | |
976 | + | BOARD CERTIFIES THAT THE C OUNTY LIBRARY SYSTEM HAS ADOPTED A WRITTE N 12 | |
977 | + | POLICY CONSISTENT WI TH THE STATE STANDARDS FOR L IBRARIES. 13 | |
978 | + | ||
979 | + | 23–506. 14 | |
980 | + | ||
981 | + | (a) The State Librarian shall authorize the payment of funds under this subtitle: 15 | |
982 | + | ||
983 | + | (1) To the board of library trustees of each county that has a board of 16 | |
984 | + | trustees; or 17 | |
985 | + | ||
986 | + | (2) In each county that does not have a board of library trustees, to the 18 | |
987 | + | county. 19 | |
988 | + | ||
989 | + | (b) (1) Current operating funds shall be administered by the county board of 20 | |
990 | + | library trustees. 21 | |
991 | + | ||
992 | + | (2) Capital expense funds shall be administered by the county council, 22 | |
993 | + | board of county commissioners, or Mayor and City Council of Baltimore City. 23 | |
994 | + | ||
995 | + | (c) (1) The funds provided under this subtitle may be used only for library 24 | |
996 | + | purposes. 25 | |
997 | + | ||
998 | + | (2) The State Librarian shall require that these funds be used subject to 26 | |
999 | + | [any]: 27 | |
1000 | + | ||
1001 | + | (I) THE ADOPTION OF A WRI TTEN POLICY FOR OPERATION OF 28 | |
1002 | + | THE COUNTY LIBRARY S YSTEM CONSISTENT WITH THE STATE STANDARDS FOR 29 | |
1003 | + | LIBRARIES BY EACH BO ARD OF LIBRARY TRUST EES OR, IF THE COUNTY DOES N OT 30 | |
1004 | + | HAVE A BOARD OF LIBR ARY TRUSTEES, THE COUNTY GOVERNMEN T; AND 31 | |
1005 | + | 22 SENATE BILL 738 | |
1006 | + | ||
1007 | + | ||
1008 | + | (II) ANY OTHER conditions specified by the appropriating agency or 1 | |
1009 | + | imposed under this subtitle. 2 | |
1010 | + | ||
1011 | + | 23–507. 3 | |
1012 | + | ||
1013 | + | (A) The State Librarian shall authorize the State Comptroller to withhold State 4 | |
1014 | + | funds from any county that fails: 5 | |
1015 | + | ||
1016 | + | (1) To appropriate the amount of its share of the minimum program; or 6 | |
1017 | + | ||
1018 | + | (2) To meet the requirements of the law or of the State Library Board for 7 | |
1019 | + | operating the county library, INCLUDING THE REQUIR EMENT THAT THE COUNT Y 8 | |
1020 | + | LIBRARY BE OPERATED IN A MANNER THAT IS CONSI STENT WITH THE STATE 9 | |
1021 | + | STANDARDS FOR LIBRAR IES. 10 | |
1022 | + | ||
1023 | + | (B) (1) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS FROM A 11 | |
1024 | + | COUNTY THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO OPERATE 12 | |
1025 | + | THE COUNTY LIBRARY S YSTEM CONSISTENT WIT H THE STATE STANDARDS FOR 13 | |
1026 | + | LIBRARIES. 14 | |
1027 | + | ||
1028 | + | (2) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD FU NDS 15 | |
1029 | + | UNDER PARAGRAPH (1) OF THIS SUBSECTION U NTIL THE STATE LIBRARY BOARD 16 | |
1030 | + | CERTIFIES THAT THE C OUNTY HAS ADOPTED A WRITTEN POLICY FOR T HE 17 | |
1031 | + | OPERATION OF THE COU NTY LIBRARY SYSTEM C ONSISTENT WITH THE STATE 18 | |
1032 | + | STANDARDS FOR LIBRAR IES. 19 | |
1033 | + | ||
1034 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 | |
1035 | + | 1, 2024 is an emergency measure, is necessary for the immediate preservation of the public 21 | |
1036 | + | health or safety, has been passed by a yea and nay vote supported by three–fifths of all the 22 | |
1037 | + | members elected to each of the two Houses of the General Assembly, and shall take effect 23 | |
1038 | + | from the date it is enacted. 24 | |
1039 | + | ||
1040 | + | ||
1041 | + | ||
1042 | + | ||
1043 | + | Approved: | |
1044 | + | ________________________________________________________________________________ | |
1045 | + | Governor. | |
1046 | + | ________________________________________________________________________________ | |
1047 | + | President of the Senate. | |
1048 | + | ________________________________________________________________________________ | |
1049 | + | Speaker of the House of Delegates. |