WES MOORE, Governor Ch. 130
– 1 –
Chapter 130
(Senate Bill 738)
AN ACT concerning
Freedom to Read Act
FOR the purpose of establishing a State policy that local school systems operate their school
library media programs consistent with certain standards; requiring each local
school system to develop a policy and procedures to review objections to materials in
a school library media program; prohibiting a county board of education from taking
certain actions against certain school library media program personnel for
performing their job duties consistent with certain standards; establishing the State
standards for libraries for the operation of each library that receives funding from
the State; altering the duties of the State Library Board, the State Library Agency,
and regional resource centers to incorporate the State standards for libraries;
making funding for certain libraries contingent on adoption of a written policy for
operation of the library consistent with the State standards for libraries; requiring
the State Librarian to authorize the State Comptroller to withhold funding from
libraries under certain circumstances; prohibiting county boards of education and
the governing bodies of certain libraries from retaliating against employees for
acting in a manner performing their job duties consistent with the State standards
for libraries under certain circumstances; requiring a certain action involving the
property of a library to be committed knowingly in order to be considered a crime;
altering the maximum fine for a certain crime involving the property of a library;
and generally relating to the establishment of the State policies and standards for
libraries in the State.
BY adding to
Article – Education
Section 4–142 and 23–102.1
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 23–101, 23–105, 23–106, 23–202, 23–202.1, 23–205, 23–406, 23–408,
23–503, 23–506, and 23–507
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
Ch. 130 2024 LAWS OF MARYLAND
– 2 –
4–142.
(A) IN THIS SECTION , “STATE STANDARDS FOR L IBRARIES” HAS THE
MEANING STATED IN § 23–101 OF THIS ARTICLE.
(A) IT IS THE POLICY OF T HE STATE THAT EACH LOCAL SCHOOL SYSTEM
OPERATE ITS SCHOOL L IBRARY MEDIA PROGRAM CONSIS TENT WITH THE
FOLLOWING STANDARDS :
(1) THE MATERIALS , SERVICES, AND RESOURCES PROVID ED IN A
SCHOOL LIBRARY MEDIA PROGRAM ARE PROVIDED FOR THE INTEREST ,
INFORMATION , AND INSTRUCTIONAL SU PPORT OF STUDENTS AN D SCHOOL
PERSONNEL OF THE S CHOOLS THE PROGRAM S ERVES;
(2) MATERIALS MAY NOT BE EXCLUDED FROM A SCHO OL LIBRARY
MEDIA PROGRAM SOLELY BECAUSE OF THE ORIGI N, BACKGROUND , OR VIEWS OF
THE INDIVIDUAL WHO C REATED THE MATERIAL ; AND
(3) MATERIALS MAY NOT BE EXCLUDED OR REMOVED FROM THE
CATALOGUE OF A SCHOO L LIBRARY MEDIA PROG RAM BECAUSE OF PARTI SAN,
IDEOLOGICAL, OR RELIGIOUS DISAPPR OVAL.
(B) (1) EACH LOCAL SCHOOL SYS TEM SHALL DEVELOP AN D IMPLEMENT
A POLICY AND PROCEDU RES TO REVIEW OBJECT IONS TO MATERIALS IN THE SCHOOL
LIBRARY MEDIA PRO GRAM CONSISTENT WITH U.S. SUPREME COURT LEGAL
PRECEDENT .
(2) THE POLICY AND PROCED URES DEVELOPED UNDER PARAGRAPH
(1) OF THIS SUBSECTION S HALL:
(I) ESTABLISH A UNIFORM P ROCESS TO SUBMIT AN OBJECTION
TO MATERIALS IN A SC HOOL LIBRARY MEDIA P ROGRAM BY A STUDENT, PARENT OR
GUARDIAN OF A STUDEN T ENROLLED IN A SCHO OL IN THE LOCAL SCHO OL SYSTEM,
OR SCHOOL PERSONNEL ;
(II) REQUIRE MATERIALS UND ER REVIEW DUE TO AN
OBJECTION TO REMAIN AVAILABLE FOR USE BY STUDENTS AND SCHOOL
PERSONNEL UNTIL THE REVIEW PROCES S HAS CONCLUDED ; AND
(III) ESTABLISH A REASONABL E TIMELINE TO CONDUC T AND
CONCLUDE THE REVIEW PROCESS IN A TIMELY MANNER.
WES MOORE, Governor Ch. 130
– 3 –
(B) (C) A COUNTY BOARD MAY NOT DISMISS, DEMOTE, SUSPEND,
DISCIPLINE, REASSIGN, TRANSFER, OR OTHERWISE RETALIA TE AGAINST A
LIBRARIAN OR, A CERTIFIED LIBRARY MEDIA SPECIALIST , OR SCHOOL LIBRARY
MEDIA PROGRAM SUPPOR T STAFF EMPLOYED BY A COUNTY BOARD MAY NOT BE
DISMISSED, DEMOTED, SUSPENDED, DISCIPLINED, REASSIGNED, TRANSFERRED , OR
OTHERWISE RETALIATED AGAINST FOR ACTING I N A MANNER FOR PERFORMING
THEIR JOB DUTIES CONSISTENT WITH THE STATE STANDARDS FOR L IBRARIES
STANDARDS DESCRIBED UNDER SUBSECTION (A) OF THIS SECTION.
23–101.
(a) In this title the following words have the meanings indicated.
(b) “Print disabled individual” means an individual who cannot effectively read
print because of a visual, physical, perceptual, developmental, cognitive, or learning
disability.
(c) “State Library Agency” means the Maryland State Library Agency.
(d) “State Library Board” means the Maryland State Library Board.
(E) “STATE STANDARDS FOR L IBRARIES” MEANS THE PHILOSOPHY FOR THE
OPERATION OF A LIBRA RY THAT ADHERES TO T HE STANDARDS ENUMERA TED IN §
23–102.1(A) OF THIS SUBTITLE STANDARDS FOR THE CO NSISTENT AND EQUITAB LE
OPERATION OF A LIBRA RY THAT SERVE ALL CITIZ ENS OF THE STATE AS
ESTABLISHED UNDER § 23–102.1(B) OF THIS SUBTITLE.
23–102.1.
(A) (1) IN THIS SECTION, “LIBRARY” INCLUDES:
(I) THE STATE LIBRARY RESOURCE CENTER;
(II) A REGIONAL RESOURCE CE NTER;
(III) A CORRECTIONAL FACILITY LIBRARY ;
(IV) A COUNTY LIBRARY SYSTE M AND THE ENOCH PRATT FREE
LIBRARY IN BALTIMORE;
(V) THE MARYLAND STATE LIBRARY FOR THE BLIND AND
PRINT DISABLED;
(VI) THE MARYLAND DEAF CULTURE DIGITAL LIBRARY; AND
Ch. 130 2024 LAWS OF MARYLAND
– 4 –
(VII) A METROPOLITAN COOPERA TIVE SERVICE PROGRAM .
(2) “LIBRARY” DOES NOT INCLUDE A S CHOOL LIBRARY MEDIA
PROGRAM ESTABLISHED BY A LOCAL SCHOOL SY STEM.
(B) IT IS THE GOAL POLICY OF THE STATE THAT EACH LIBRA RY IS
OPERATED SHALL OPERATE IN A MANNER THAT RECOGNIZES CONSISTENT WITH
THE FOLLOWING STANDA RDS:
(1) LIBRARY MATERIALS , SERVICES, AND RESOURCES EXIST AND
SHOULD BE PROVIDED F OR THE INTEREST , INFORMATION , AND ENLIGHTENMENT
OF ALL PERSONS THE L IBRARY SERVES ;
(2) A LIBRARY SHOULD NOT E XCLUDE MATERIAL FROM ITS
CATALOGUE BECA USE OF THE ORIGIN , BACKGROUND , OR VIEWS OF A PERSON WHO
CREATED THE MATERIAL ; AND
(3) A LIBRARY SHOULD NOT P ROHIBIT OR REMOVE MA TERIAL FROM
ITS CATALOGUE BECAUS E OF PARTISAN OR DOCTRINAL , IDEOLOGICAL, OR
RELIGIOUS DISAPPROVAL .
(B) (C) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT ANY A
LIBRARY, SCHOOL LIBRARY , RESOURCE CENTER , OR OTHER LIBRARY
ARRANGEMENT DEVELOPED BY THE STATE LIBRARY AGENCY THAT RECEIVES
FUNDING FROM THE STATE SHALL ADOPT AND FOLLOW A W RITTEN POLICY FOR
OPERATION OF A LIBRARY THAT IS CONSISTENT WITH THE STATE STANDARDS FOR
LIBRARIES ENUMERATED IN UNDER SUBSECTION (A) (B) OF THIS SECTION.
23–105.
(a) In addition to the other powers granted and duties imposed by this article, the
State Library Board has the powers and duties set forth in this section.
(b) The State Library Board shall appoint the State Librarian.
(c) The State Library Board shall exercise general direction and control of library
development in this State and may:
(1) Adopt rules and regulations necessary to administer this title;
(2) After considering the recommendations of the State Librarian,
establish library policies and procedures for the statewide system of libraries;
WES MOORE, Governor Ch. 130
– 5 –
(3) Consider the library needs of this State and recommend to the Governor
and the General Assembly desirable legislation; and
(4) With the approval of the Governor, accept, administer, and spend any
appropriation, gift, or grant for library purposes from the federal government or from any
other person.
(d) In accordance with the bylaws, rules, and regulations of the State Board of
Education, the State Superintendent shall certificate professional library personnel.
(e) (1) Each year the State Library Board shall report to the Governor and the
people of this State on the support, condition, progress, and needs of libraries.
(2) The report required under paragraph (1) of this subsection shall include
any findings of the State Library Agency related to its duties under § 23–106(b)(4) of this
subtitle.
(f) The State Library Board shall approve county public library capital projects
for State funding in accordance with § 23–509 of this title.
(G) THE STATE LIBRARY BOARD SHALL DEVELOP P OLICIES FOR THE
OPERATION OF LIBRARI ES THAT ALIGN ARE CONSISTENT WITH THE STATE
STANDARDS FOR LIBRAR IES.
23–106.
(a) In addition to any other powers granted and duties imposed by this title, and
subject to the authority of the State Library Board, the State Library Agency has the
powers and duties set forth in this section.
(b) The State Library Agency shall:
(1) Provide leadership and guidance for the planning and coordinated
development of library and information service in this State;
(2) Develop statewide public and school library services and networks,
resource centers, and other arrangements to meet the library and information needs of this
State;
(3) Provide professional and technical advice on improving library services
in this State to:
(i) Public and school library officials;
(ii) Higher education and special library officials;
Ch. 130 2024 LAWS OF MARYLAND
– 6 –
(iii) State government agencies; and
(iv) Any other person;
(4) (i) Collect library statistics and other data;
(ii) Identify library needs and provide for needed research and
studies of them; and
(iii) Coordinate library services with other information and education
services and agencies;
(5) Administer federal and State funds appropriated to it by the State for
library purposes;
(6) (i) Develop and recommend professional standards and policies for
libraries; and
(ii) Establish requirements and procedures for the certification of
librarians and library personnel;
(7) Provide:
(i) Specialized library service to the blind and other print disabled
individuals in this State; and
(ii) Other desirable specialized library services;
(8) Encourage, advise, and assist in establishing, operating, and
coordinating libraries at State institutions and agencies and administer the operation of
library and information services for the State Library Board;
(9) Administer the State grant program for county public library capital
projects, in accordance with § 23–509 of this title;
(10) Adopt guidelines for the administration of public libraries and
recommend to the State Library Board rules and regulations to implement this title;
(11) Cooperate with national library agencies and those of any other state;
(12) Develop a Deaf Culture Digital Library in accordance with § 23–109 of
this subtitle; [and]
(13) ENSURE THAT EACH LIBR ARY AS DEFINED IN § 23–102.1 OF THIS
SUBTITLE THAT RECEIVES STATE FUNDS IS OPERAT ED IN A MANNER CONSI STENT
WITH THE STATE STANDARDS FOR L IBRARIES; AND WES MOORE, Governor Ch. 130
– 7 –
(14) Perform any other duty necessary for its proper operation.
23–202.
(a) The boards of library trustees of at least three public library systems outside
the standard metropolitan statistical areas defined by the United States Bureau of the
Census may request the State Library Board to establish and maintain a regional resource
center.
(b) Each regional resource center shall provide, through mutual cooperation and
coordination, books, information, and other material and service resources that an
individual library cannot provide adequately by itself.
(c) (1) A region to be served by a regional resource center shall have a
population of at least 100,000.
(2) Subject to approval by the State Library Board, the boards of library
trustees of the participating library systems shall designate the library to serve as the
resource center.
(d) (1) There is a board of advisors for each regional resource center that shall
act as the Regional Advisory Council.
(2) The Council consists of:
(i) The director of the regional resource center; and
(ii) The director of each member library system.
(3) The Council for each regional resource center shall:
(i) Gather information on the resource needs of its region; and
(ii) Promote the use of the regional resource center.
(e) (1) The director of the regional resource center is the executive officer of
the regional resource center.
(2) The director:
(i) Is appointed by the governing board established in accordance
with § 23–202.1 of this subtitle; and
(ii) Shall serve at the pleasure of the governing board.
Ch. 130 2024 LAWS OF MARYLAND
– 8 –
(3) The director shall:
(i) Be eligible for certification as a professional library director by
the State Superintendent of Schools as set forth in COMAR 14.38.01.01;
(ii) Have the powers and duties set forth in this title; and
(iii) Appoint, promote, fix salaries, assign duties, and terminate
personnel of the regional resource center.
(f) (1) The director shall operate the regional resource center in accordance
with:
(i) The standards adopted by the State Library Board; and
(ii) The policies adopted by the governing board.
(2) The director shall:
(i) Prepare and submit for the approval of the governing board the
annual budget of the regional resource center;
(ii) Adopt and submit for the approval of the governing board
reasonable rules and bylaws to carry out this section; and
(iii) Recommend to the governing board the purchase, condemnation,
rental, use, sale, or conveyance of property for any valid purpose under this section.
(g) (1) The policies and procedures of the regional resource center shall be:
[(1)] (I) Recommended by the board of trustees of the library designated
as the regional resource center; and
[(2)] (II) Approved by the Council.
(2) THE POLICIES AND PROC EDURES FOR OPERATION OF THE
REGIONAL RESOURCE CE NTER SHALL BE CONSIS TENT WITH THE STATE STANDARDS
FOR LIBRARIES.
(h) Each regional resource center shall:
(1) Make interlibrary loans of books and materials;
(2) Supply collections and exhibits of specialized materials;
(3) Provide consultant services; WES MOORE, Governor Ch. 130
– 9 –
(4) Organize in–service training for library staffs; and
(5) Develop and operate cooperative services among libraries.
23–202.1.
(a) There is a governing board for each regional resource center.
(b) (1) Except as provided in paragraph (2) of this subsection, a governing
board consists of the following members:
(i) A library trustee from each participating library system; and
(ii) Up to one member of the public from each area served by the
participating library systems.
(2) (i) The board of trustees of the Washington County Free Library
shall act as the governing board for the Western Maryland Regional Resource Center.
(ii) The bylaws adopted by the board of trustees of the Washington
County Free Library shall govern the composition, appointment, qualifications, terms, and
structure of the governing board.
(c) A member appointed to a governing board must:
(1) Be of good character;
(2) Have demonstrated ability and interest in library matters; and
(3) Be a resident of one of the counties participating in and being served by
the regional resource center.
(d) (1) Subject to paragraph (2) of this subsection, the members of the
governing board shall be appointed by the governing board.
(2) The initial members of a governing board shall be appointed by the
Regional Advisory Council of the regional resource center.
(e) A member of a governing board:
(1) May not receive compensation as a member of the governing board; but
(2) Is entitled to reimbursement for expenses in accordance with the rules,
policies, and bylaws of the regional resource center.
Ch. 130 2024 LAWS OF MARYLAND
– 10 –
(f) (1) Each member serves for a term of 5 years beginning July 1 immediately
following the member’s appointment and until a successor is appointed and qualifies.
(2) A member may not serve for more than two consecutive terms.
(3) (i) The governing board shall appoint a qualified individual to fill
any vacancy in the member’s position for the remainder of that term until a successor is
appointed and qualifies.
(ii) A member appointed to fill a vacancy under subparagraph (i) of
this paragraph may serve for two additional terms.
(g) (1) A governing board shall elect a chair from among its members each
year.
(2) A governing board may elect any other officers determined necessary
by the board.
(3) If a governing board elects a treasurer, the treasurer shall be
appropriately bonded.
(h) (1) A governing board:
(i) Shall determine the time and place of its meetings; and
(ii) May adopt rules for the conduct of its meetings.
(2) A governing board shall meet at least once every 3 months.
(3) A governing board is subject to the Open Meetings Act.
(4) A majority of the appointed members of the governing board is a
quorum.
(i) (1) A member of a governing board who fails to attend at least 50% of the
scheduled meetings of the board during any consecutive 12–month period shall be
considered to have resigned.
(2) If the member has been unable to attend meetings for reasons
satisfactory to the governing board, the governing board may waive the resignation.
(3) The chair of a governing board shall report the member’s name and
nonattendance to the State Library Board within 45 days after the end of the 12–month
period.
WES MOORE, Governor Ch. 130
– 11 –
(4) The governing board shall fill any vacancy in accordance with
subsection (f) of this section.
(j) (1) In addition to the other powers expressly granted and duties imposed
by this subtitle, a governing board has the powers and duties set forth in this subsection.
(2) A governing board shall:
(i) Select and appoint, with the advice of the State Librarian, a
professional librarian to serve as director of the regional resource center;
(ii) Determine the policies of the regional resource center;
(iii) Adopt reasonable rules and bylaws for the use of the regional
resource center and the conduct of its business;
(iv) Approve the regional resource center budget;
(v) In accordance with the regulations and laws of the State, receive,
account for, control, and supervise the spending of all public funds received by the regional
resource center;
(VI) ADOPT AND FOLLOW A WRITTEN POLICY FOR OPERATION
OF THE REGIONAL RESO URCE CENTER THAT IS CONSISTENT W ITH THE STATE
STANDARDS FOR LIBRAR IES AND CONDUCT THE OPER ATION OF THE REGIONAL
RESOURCE CENTER IN A MAN NER CONSISTENT WITH THE WRITTEN POLICY;
[(vi)] (VII) Publish the results of the audit conducted under
paragraph (4)(ii) of this subsection; and
[(vii)] (VIII) Submit a report to the State Librarian on or before
November 1 each year that includes:
1. The amount of money received from the library fund and
other sources;
2. Itemized expenses;
3. The number of books and periodicals in the possession of
and owned by the regional resource center;
4. The results of the annual audit; and
5. Any other information required by the State Library
Board.
Ch. 130 2024 LAWS OF MARYLAND
– 12 –
(3) A governing board may:
(i) Apply, accept, and expend any gift, appropriation, or grant from
the State, county, or federal government or any other person on behalf of the regional
resource center;
(ii) Recommend the purchase, condemnation, rental, acquisition,
use, or conveyance of property for any valid purpose under this section;
(iii) Recommend plans for the regional resource centers, including
the use of facilities of participating libraries, additions to the facilities of participating
libraries, or new facilities separate from the existing facilities of participating libraries;
(iv) Select the location of and approve plans for the erection of
regional resource center buildings, subject to the approval of the State Library Board and
the Governor;
(v) Make agreements with any person for any library service; and
(vi) Perform any other actions necessary for the proper control and
development of the regional resource center.
(4) In addition to other reports that may be required by the State Library
Board, the Board shall:
(i) Keep records that are consistent with sound business practices
and accounting records that use generally accepted accounting principles;
(ii) Cause an audit by an independent certified public accountant
approved by the State Librarian to be made of the accounts and transactions of the regional
resource center at the conclusion of each fiscal year; and
(iii) For any State money, be subject to an audit by the Office of
Legislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government
Article.
(K) THE GOVERNING BOARD M AY NOT DISMISS , SUSPEND, DISCIPLINE,
DEMOTE, REASSIGN, TRANSFER, OR OTHERWISE RETALIATE AG AINST AN EMPLOYEE
FOR ACTING IN A MANN ER CONSISTENT WITH T HE REGIONAL RESOURCE CENTER’S
WRITTEN POLICY IMPLE MENTING THE STATE STANDARDS FOR L IBRARIES.
23–205.
(a) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION , EACH year, the
State Library Board may include in its budget operating funds for:
WES MOORE, Governor Ch. 130
– 13 –
(1) The State Library Resource Center;
(2) Each regional resource center;
(3) The Maryland Library for the Blind and Print Disabled;
(4) The Deaf Culture Digital Library; and
(5) Each metropolitan cooperative service program.
(b) (1) [The] SUBJECT TO SUBSECTION (G) OF THIS SECTION , THE State
shall pay all capital expenses for:
(i) The State Library Resource Center; and
(ii) Each regional resource center.
(2) Before any money is spent under this subsection, the appropriate board
of library trustees shall:
(i) Have the project approved by the State Library Board;
(ii) Through the State Library Board, submit the request to the
Department of Budget and Management for consideration under Title 3, Subtitle 6 of the
State Finance and Procurement Article; and
(iii) Agree to reimburse the State Library Board an amount the State
Library Board determines if the facility ceases to be used for a resource center or
cooperative service program.
(c) (1) [Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION, EACH year
each participating regional resource center shall receive a minimum amount of funding for
each resident of the area served, to be used for operating and capital expenses.
(2) The allocation shall be calculated as follows:
(i) For each of fiscal years 2011 through 2015............ $6.75 per each
resident of the area served;
(ii) For fiscal year 2016.................................................. $6.95 per each
resident of the area served;
(iii) For fiscal year 2017.................................................. $7.15 per each
resident of the area served;
Ch. 130 2024 LAWS OF MARYLAND
– 14 –
(iv) For fiscal year 2018.................................................. $7.55 per each
resident of the area served;
(v) For fiscal year 2019.................................................. $7.95 per each
resident of the area served;
(vi) For fiscal year 2020.................................................. $8.35 per each
resident of the area served;
(vii) For fiscal year 2021.................................................. $8.55 per each
resident of the area served;
(viii) For fiscal year 2022.................................................. $8.75 per each
resident of the area served;
(ix) For fiscal year 2023.................................................. $9.19 per each
resident of the area served;
(x) For fiscal year 2024.................................................. $9.39 per each
resident of the area served;
(xi) For fiscal year 2025.................................................. $9.59 per each
resident of the area served;
(xii) For fiscal year 2026.................................................. $9.79 per each
resident of the area served; and
(xiii) For fiscal year 2027 and each fiscal year
thereafter............................................................................................................ $9.99 per each
resident of the area served.
(d) (1) [Each] SUBJECT TO SUBSECT ION (G) OF THIS SECTION, EACH year
the State Library Resource Center shall receive a minimum amount of funding for each
State resident in the previous fiscal year, to be used for operating and capital expenses.
(2) The allocation shall be calculated as follows:
(i) For each of fiscal years 2010 through 2016............ $1.67 per State
resident;
(ii) For fiscal year 2017................................................. $1.69 per State
resident;
(iii) For fiscal year 2018................................................. $1.73 per State
resident;
WES MOORE, Governor Ch. 130
– 15 –
(iv) For fiscal year 2019................................................. $1.77 per State
resident;
(v) For fiscal year 2020................................................. $1.81 per State
resident;
(vi) For fiscal year 2021................................................. $1.85 per State
resident;
(vii) For fiscal year 2022................................................. $1.89 per State
resident;
(viii) For fiscal year 2023................................................. $1.93 per State
resident; and
(ix) For fiscal year 2024 and each fiscal year
thereafter........................................................................................................... $1.97 per State
resident.
(e) [Beginning] SUBJECT TO SUBSECTION (G) OF THIS SECTION, BEGINNING
in fiscal year 2016 and in each fiscal year thereafter, the Maryland Library for the Blind
and Print Disabled shall receive an amount equivalent to at least 25% of the amount
received by the State Library Resource Center for the same fiscal year under subsection (d)
of this section.
(f) (1) The State Library Board shall:
(i) Disburse funds to the State and regional resource centers, the
Maryland Library for the Blind and Print Disabled, and metropolitan cooperative service
programs; and
(ii) Require that these funds be used subject to any conditions
specified by the appropriating agency or imposed under this subtitle.
(2) The State Library Board may authorize the State Comptroller to
withhold funds from any regional resource center or metropolitan cooperative service
program that fails to meet the standards adopted by the State Library Board.
(G) (1) RECEIPT OF FUNDING UN DER THIS SECTION IS CONTINGENT ON A
LIBRARY, RESOURCE CENTER , OR METROPOLITAN COOPERATIVE SERVICE
PROGRAM ADOPTING A W RITTEN POLICY FOR OPERATION OF THE LIBRARY,
CENTER, OR PROGRAM THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR
LIBRARIES.
(2) THE STATE LIBRARIAN SHALL AUTHO RIZE THE STATE
COMPTROLLER TO WITHHO LD STATE FUNDS FROM A LI BRARY, RESOURCE CENTER , Ch. 130 2024 LAWS OF MARYLAND
– 16 –
OR COOPERATIVE SERVI CE PROGRAM THAT DOES NOT ADOPT A WRITTEN POLICY
THAT IS CONSISTENT W ITH THE STATE STANDARDS FOR L IBRARIES
(I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS
FROM ANY REGIONAL RE SOURCE CENTER OR MET ROPOLITAN COOPERATIV E
SERVICE PROGRAM THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO
MEET THE STATE STANDARDS FOR L IBRARIES.
(II) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD
FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UNTIL THE STATE LIBRARY
BOARD CERTIFIES THAT THE REGIONAL RESOURC E CENTER OR METROPOL ITAN
COOPERATIVE SERVICE PROGRAM HAS ADOPTED A WRITTEN POLICY CON SISTENT
WITH THE STATE STANDARDS FOR L IBRARIES.
23–406.
(a) Each board of library trustees:
(1) Shall select and appoint a professional librarian eligible for certification
as director of the library to serve at the pleasure of the board; and
(2) May delegate to the director its authority to appoint any other
necessary employees.
(b) Each board of library trustees shall establish policies for:
(1) Staff classification;
(2) Salaries;
(3) Work conditions;
(4) Suspension with pay;
(5) Grievance procedures;
(6) Benefits, including vacation and sick leave;
(7) Hours of work; and
(8) Any other personnel procedures and practices necessary for the efficient
operation of the library.
(c) Each professional public librarian appointee to the professional library staff:
WES MOORE, Governor Ch. 130
– 17 –
(1) Shall hold a certificate of library qualifications issued by the State
Superintendent; or
(2) (i) Shall be eligible for State certification as a professional public
librarian; and
(ii) Shall apply for certification within 6 months of starting
employment.
(d) (1) The director or the director’s designee may suspend a library employee
without pay for a specified period up to 10 working days, for the following reasons:
(i) Misconduct in office;
(ii) Insubordination;
(iii) Incompetency; or
(iv) Willful neglect of duty.
(2) (i) The director or the director’s designee shall give the suspended
employee a written statement that specifies the reasons for the suspension.
(ii) The director or the director’s designee shall place a copy of the
written statement that specifies the reasons for the suspension in the employee’s official
personnel file.
(3) (i) The employee shall have the opportunity to reply in writing to
the director within 10 working days after the employee receives notice of the suspension.
(ii) The employee may request a hearing before the board of trustees
within 10 working days after receiving notice of the suspension.
(iii) If the employee requests a hearing within the 10–day period, the
board shall promptly hold a hearing, but a hearing may not be set within 10 working days
after the board sends the employee a notice of the hearing.
(4) If an employee is suspended without pay and found not guilty of the
reasons for the suspension, the board shall refund all pay benefits lost by reason of the
suspension to the employee.
(5) Suspension of an employee with pay shall be as provided by the library’s
personnel policy.
Ch. 130 2024 LAWS OF MARYLAND
– 18 –
(e) (1) On written recommendation of the library director, each board of
library trustees may dismiss any library employee under its jurisdiction for any of the
following reasons:
(i) Misconduct in office;
(ii) Insubordination;
(iii) Incompetency; or
(iv) Willful neglect of duty.
(2) (i) Before removing an employee, the director shall send the
employee a written copy of the charges against the employee and give the employee an
opportunity to request a hearing before the board within 10 working days.
(ii) If the employee requests a hearing within the 10–day period the
board promptly shall hold a hearing, but a hearing may not be set within 10 working days
after the board sends the employee a notice of the hearing.
(iii) The employee shall have an opportunity to be heard publicly
before the board in his own defense, in person or by counsel and to bring witnesses to the
hearing.
(3) If the board votes to remove the employee and:
(i) The decision is unanimous, the decision of the board is final; or
(ii) The decision is not unanimous, the employee may appeal to the
State Library Board through the State Librarian.
(F) IF THE BOARD OF LIBRA RY TRUSTEES ADOPTS A WRITTEN POLICY
CONSISTENT WITH THE STATE STANDARDS FOR L IBRARIES, AN EMPLOYEE MAY NOT
BE DISMISSED, SUSPENDED, DISCIPLINED, DEMOTED, REASSIGNED, TRANSFERRED ,
OR OTHERWISE RETALIA TED AGAINST FOR ACTING IN A MANNER PERFORMING
THEIR JOB DUTIES CONSISTENT WITH THE ADOPTED WRITTEN POLI CY.
[(f)] (G) The director of each library shall:
(1) Act as the general executive officer of the library and be responsible for
the management of its operations in accordance with policies approved by the board of
library trustees;
(2) Prepare the annual budget of the library, and present it to the board for
approval;
WES MOORE, Governor Ch. 130
– 19 –
(3) Nominate for appointment all library employees in the county library
system; and
(4) Establish reasonable rules and adopt regulations for the use of the
library system subject to approval by the board of library trustees.
23–408.
(a) A person may not KNOWINGLY AND unlawfully take, detain, mutilate, injure,
or disfigure any book, map, picture, engraving, manuscript, or other property of any library.
(b) Any person who violates this section is guilty of a misdemeanor and on
conviction is subject to a fine not exceeding [$250] $1,000, imprisonment not exceeding 3
months, or both.
23–503.
(a) (1) The entire capital and operating cost of the minimum library program
for this State as a whole shall be shared as provided in this subsection.
(2) [The] SUBJECT TO SUBS ECTION (D) OF THIS SECTION , THE State
shall provide:
(i) Approximately 40 percent of the total cost of the minimum
program; and
(ii) Not less than 20 percent of the cost of the minimum program in
any county.
(3) The counties participating in the program together shall provide
through local taxes approximately 60 percent of the total statewide cost of the minimum
program.
(b) (1) [Each] SUBJECT TO SUBSECTION (D) OF THIS SECTION , EACH
county public library system that participates in the minimum library program shall be
provided for each resident of the county, to be used for operating and capital expenses:
(i) For each of fiscal years 2011 through 2015 – $14.00;
(ii) For fiscal year 2016 – $14.27;
(iii) For fiscal year 2017 – $14.54;
(iv) For fiscal year 2018 – $15.00;
(v) For fiscal year 2019 – $15.50; Ch. 130 2024 LAWS OF MARYLAND
– 20 –
(vi) For fiscal year 2020 – $16.00;
(vii) For fiscal year 2021 – $16.43;
(viii) For fiscal year 2022 – $17.10;
(ix) For fiscal year 2023 – $17.50;
(x) For fiscal year 2024 – $17.90;
(xi) For fiscal year 2025 – $18.30;
(xii) For fiscal year 2026 – $18.70; and
(xiii) For fiscal year 2027 and each fiscal year thereafter – $19.10.
(2) (i) [The] SUBJECT TO SUBSECTION (D) OF THIS SECTION , THE
State shall share in this amount.
(ii) Any county may provide an amount greater than its share under
the cooperative program, but the State may not share in the excess.
(c) Any employer Social Security contributions required by federal law for any
employee in a county public library system shall remain the obligation of the employer.
(D) (1) RECEIPT OF STATE FUNDING FOR A C OUNTY LIBRARY SYSTEM
THAT PARTICIPATES IN THE MINIMUM LIBRARY PROGRAM UNDER THIS SECTIO N IS
CONTINGENT ON THE BO ARD OF LIBRARY TRUST EES ADOPTING A WRITT EN POLICY
FOR OPERATION OF THE COUNTY LIBRARY SYSTE M THAT IS CONSISTENT W ITH THE
STATE STANDARDS FOR L IBRARIES.
(2) THE STATE LIBRARIAN SHALL AUTHO RIZE THE STATE
COMPTROLLER TO WITHHO LD STATE FUNDS FROM A CO UNTY PUBLIC LIBRARY
SYSTEM THAT DOES NOT ADOPT A WRITTEN POLI CY THAT IS CONSISTEN T WITH THE
STATE STANDARDS FOR L IBRARIES
(I) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS
FROM A COUNTY LIBRAR Y SYSTEM THAT THE STATE LIBRARY BOARD CERTIFIES
HAS FAILED TO MEET T HE STATE STANDARDS FOR L IBRARIES.
(II) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD
FUNDS UNDER SUBPARAG RAPH (I) OF THIS PARAGRAPH UN TIL THE STATE LIBRARY
BOARD CERTIFIES THAT THE COUNTY LIBRARY S YSTEM HAS ADOPTED A WRI TTEN
POLICY CONSISTENT WI TH THE STATE STANDARDS FOR L IBRARIES. WES MOORE, Governor Ch. 130
– 21 –
23–506.
(a) The State Librarian shall authorize the payment of funds under this subtitle:
(1) To the board of library trustees of each county that has a board of
trustees; or
(2) In each county that does not have a board of library trustees, to the
county.
(b) (1) Current operating funds shall be administered by the county board of
library trustees.
(2) Capital expense funds shall be administered by the county council,
board of county commissioners, or Mayor and City Council of Baltimore City.
(c) (1) The funds provided under this subtitle may be used only for library
purposes.
(2) The State Librarian shall require that these funds be used subject to
[any]:
(I) THE ADOPTION OF A WRI TTEN POLICY FOR OPERATION OF
THE COUNTY LIBRARY S YSTEM CONSISTENT WITH THE STATE STANDARDS FOR
LIBRARIES BY EACH BO ARD OF LIBRARY TRUST EES OR, IF THE COUNTY DOES N OT
HAVE A BOARD OF LIBR ARY TRUSTEES , THE COUNTY GOVERNMEN T; AND
(II) ANY OTHER conditions specified by the appropriating agency or
imposed under this subtitle.
23–507.
(A) The State Librarian shall authorize the State Comptroller to withhold State
funds from any county that fails:
(1) To appropriate the amount of its share of the minimum program; or
(2) To meet the requirements of the law or of the State Library Board for
operating the county library, INCLUDING THE REQUIR EMENT THAT THE COUNT Y
LIBRARY BE OPERATED IN A MANNER THAT IS CONSISTENT WITH THE STATE
STANDARDS FOR LIBRAR IES.
(B) (1) THE COMPTROLLER SHALL WIT HHOLD ALL STATE FUNDS FROM A
COUNTY THAT THE STATE LIBRARY BOARD CERTIFIES HAS F AILED TO OPERATE Ch. 130 2024 LAWS OF MARYLAND
– 22 –
THE COUNTY LIBRARY S YSTEM CONSISTENT WIT H THE STATE STANDARDS FOR
LIBRARIES.
(2) THE COMPTROLLER SHALL CON TINUE TO WITHHOLD FU NDS
UNDER PARAGRAPH (1) OF THIS SUBSECTION U NTIL THE STATE LIBRARY BOARD
CERTIFIES THAT THE C OUNTY HAS ADOPTED A WRITTEN POLICY FOR T HE
OPERATION OF THE COU NTY LIBRARY SYSTEM C ONSISTENT WITH THE STATE
STANDARDS FOR LIBRARIES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024 is an emergency measure, is necessary for the immediate preservation of the public
health or safety, has been passed by a yea and nay vote supported by three–fifths of all the
members elected to each of the two Houses of the General Assembly, and shall take effect
from the date it is enacted.
Approved by the Governor, April 25, 2024.