Education (GED) — Title 23. Libraries

Provide the widest possible access to the library and information resources of this State; and

Ensure more effective and economical services to all library users.

The State Library Resource Center;

A regional resource center;

A correctional facility library;

A county library system and the Enoch Pratt Free Library in Baltimore;

The Maryland State Library for the Blind and Print Disabled;

The Maryland Deaf Culture Digital Library; and

A metropolitan cooperative service program.

“Library” means:

“Library” does not include:

The individual is acting in good faith while rendering automated external defibrillation to another individual who is the victim or is reasonably believed by the individual to be a victim of a sudden cardiac arrest;

The assistance or aid is provided in a reasonably prudent manner; and

The automated external defibrillation is provided without fee or other compensation; and

Public and school library officials;

Higher education and special library officials;

State government agencies; and

Any other person;

Collect library statistics and other data;

Identify library needs and provide for needed research and studies of them; and

Coordinate library services with other information and education services and agencies;

Develop and recommend professional standards and policies for libraries; and

Establish requirements and procedures for the certification of librarians and library personnel;

Specialized library service to the blind and other print disabled individuals in this State; and

Other desirable specialized library services;

Be a resident of this State;

Be an individual of ability and integrity who is experienced in public or library affairs; and

Represent the interests of the citizens of this State in better library services.

Of the appointed members:

The Governor shall ensure geographic diversity when appointing members.

The President of the Congress of Academic Library Directors;

The President of the Board of Trustees of Enoch Pratt Free Library;

The President of the Maryland Library Association;

The Dean of the University of Maryland College of Library and Information Services; and

The President of the Maryland Association of School Librarians.

Each appointed member serves for a term of 5 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on July 1, 1978.

An appointed member may not serve more than two consecutive terms.

A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.

Serves without compensation; and

Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

The Governor shall appoint a member of the State Library Board as its Chairman; and

The State Library Board shall elect one of its members as its vice chairman.

Serve as secretary to the State Library Board;

Record the proceedings of the State Library Board; and

Provide necessary staff services.

Shall hold at least four regular meetings; and

May hold special meetings as necessary.

The State Library Agency; or

The Governor.

The Governor’s Office of the Deaf, Deafblind, and Hard of Hearing;

County library systems;

The State Library Agency;

Veterans’ groups;

State and local arts councils;

Senior citizens organizations; and

Deaf and hard of hearing organizations, including:

County library systems;

The State Library Agency;

The Governor’s Office of the Deaf, Deafblind, and Hard of Hearing;

Statewide deaf and hard of hearing organizations; and

Other organizations as agreed on by the Governor’s Office of the Deaf, Deafblind, and Hard of Hearing and the State Library Agency; and

That is tax exempt under § 501(c)(3) of the Internal Revenue Code; and

Whose mission is to distribute to children free, high–quality books designed to aid the development of reading skills.

That is tax exempt under § 501(c)(3) of the Internal Revenue Code; and

Whose mission is to distribute to children free, high–quality books designed to aid the development of reading skills.

The director of the regional resource center; and

The director of each member library system.

Gather information on the resource needs of its region; and

Promote the use of the regional resource center.

Is appointed by the governing board established in accordance with § 23–202.1 of this subtitle; and

Shall serve at the pleasure of the governing board.

Be eligible for certification as a professional library director by the State Superintendent of Schools as set forth in COMAR 14.38.01.01;

Have the powers and duties set forth in this title; and

Appoint, promote, fix salaries, assign duties, and terminate personnel of the regional resource center.

The standards adopted by the State Library Board; and

The policies adopted by the governing board.

Prepare and submit for the approval of the governing board the annual budget of the regional resource center;

Adopt and submit for the approval of the governing board reasonable rules and bylaws to carry out this section; and

Recommend to the governing board the purchase, condemnation, rental, use, sale, or conveyance of property for any valid purpose under this section.

Recommended by the board of trustees of the library designated as the regional resource center; and

Approved by the Council.

A library trustee from each participating library system; and

Up to two members of the public from each area served by the participating library systems.

The board of trustees of the Washington County Free Library shall act as the governing board for the Western Maryland Regional Resource Center.

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.

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.

A member appointed to fill a vacancy under subparagraph (i) of this paragraph may serve for two additional terms.

Shall determine the time and place of its meetings; and

May adopt rules for the conduct of its meetings.

Select and appoint, with the advice of the State Librarian, a professional librarian to serve as director of the regional resource center;

Determine the policies of the regional resource center;

Adopt reasonable rules and bylaws for the use of the regional resource center and the conduct of its business;

Approve the regional resource center budget;

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;

Adopt and follow a written policy for operation of the regional resource center that is consistent with the State standards for libraries;

Publish the results of the audit conducted under paragraph (4)(ii) of this subsection; and

Submit a report to the State Librarian on or before November 1 each year that includes:

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;

Recommend the purchase, condemnation, rental, acquisition, use, or conveyance of property for any valid purpose under this section;

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;

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;

Make agreements with any person for any library service; and

Perform any other actions necessary for the proper control and development of the regional resource center.

Keep records that are consistent with sound business practices and accounting records that use generally accepted accounting principles;

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

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.

The State Library Resource Center; and

Each regional resource center.

Have the project approved by the State Library Board;

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

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.

For fiscal year 2022....................................$8.75 per each resident of the area served;

For fiscal year 2023................................... $9.19 per each resident of the area served;

For fiscal year 2024....................................... $9.39 per each resident of the area served;

For fiscal year 2025....................................... $9.59 per each resident of the area served;

For fiscal year 2026........................................$9.79 per each resident of the area served;

For fiscal year 2027……………………………. $9.99 per each resident of the area served;

For fiscal year 2028...................................... $10.19 per each resident of the area served;

For fiscal year 2029...................................... $10.40 per each resident of the area served;

For fiscal year 2030...................................... $10.60 per each resident of the area served;

For fiscal year 2031...................................... $10.81 per each resident of the area served; and

For fiscal year 2032 and each fiscal year thereafter…………………………………………………………….............. $11.02 per each resident of the area served.

For fiscal year 2024 …………..................$1.97 per State resident;

For fiscal years 2025 through 2027…….$2.07 per State resident;

For fiscal year 2028……………......$2.17 per State resident;

For fiscal year 2029    $2.28 per State resident;

For fiscal year 2030    $2.39 per State resident;

For fiscal year 2031………..………$2.51 per State resident; and

For fiscal year 2032 and each fiscal year thereafter….$2.64 per State resident.

Disburse funds to the State and regional resource centers, the Maryland Library for the Blind and Print Disabled, and metropolitan cooperative service programs; and

Require that these funds be used subject to any conditions specified by the appropriating agency or imposed under this subtitle.

The Comptroller shall withhold all State funds from any regional resource center or metropolitan cooperative service program that the State Library Board certifies has failed to meet the State standards for libraries.

The Comptroller shall continue to withhold funds under subparagraph (i) of this paragraph until the State Library Board certifies that the regional resource center or metropolitan cooperative service program has adopted a written policy consistent with the State standards for libraries.

The State Library Resource Center;

The Maryland Department of Legislative Services Library;

The State Archives;

The Maryland Thurgood Marshall State Law Library;

The McKeldin Library of the University of Maryland;

The Library of Congress; and

Any other library designated by the Commission on State Publications Depository and Distribution Program as a depository library.

For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $3,000,000 to support the additional operating expenses for the increased hours of operation of all branches of the Enoch Pratt Free Library subject to increased operating hours as provided in paragraph (3) of this subsection.

It is the intent of the General Assembly that the operating hours of the branches of the Enoch Pratt Free Library that are increased in accordance with paragraphs (3) and (4) of this subsection shall be utilized to advance the library’s commitment to equity, inclusion, and greater access to library resources, programs, and services.

On or before September 30, 2023, and each September 30 thereafter, the Mayor and City Council of Baltimore City shall provide a report to the Department of Budget and Management and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Appropriations Committee that includes:

Notwithstanding any other provision of law, a certified bargaining agent or employee organization that represents employees of the Prince George’s County Memorial Library System may not call or direct a strike.

Any certified bargaining agent or employee organization designated as an exclusive representative of the employees of the Prince George’s County Memorial Library System that violates any provision of this paragraph shall have its designation as exclusive representative revoked by the Prince George’s County Memorial Library System and the certified bargaining agent, employee organization, and any other employee organization that violates any provision of this paragraph is ineligible to be designated as exclusive representative for a period of 2 years after the violation.

If a certified bargaining agent or an employee organization violates any provision of this paragraph, the Prince George’s County Memorial Library System shall stop making payroll deductions for dues of the organization for 1 year after the violation.

In this subsection the following words have the meanings indicated.

“Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder.

“Mandatory set–asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises.

“Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises.

“Minority business enterprise” means any business enterprise:

“Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process.

“Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises.

“Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises.

Mandatory set–aside procedures;

Mandatory subcontracting procedures with reasonable waiver provisions;

The application of bonus points;

The application of percentage points;

Restrictive bidding;

Restrictive price quotations;

The reduction or waiver of bonding requirements; and

Incentives to encourage maximum participation by:

The Board of Trustees may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the Board of Trustees.

It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this subsection.

The program shall be evaluated every 2 years.

The results of any evaluation under this paragraph shall be submitted to the Prince George’s County Delegation of the General Assembly.

It has at least seven appointed members;

The appointed members are chosen on the basis of character, ability, and demonstrated interest in library matters; and

The appointed members meet the qualifications required under subsection (b) of this section.

Except as provided in subsections (d) and (e) of this section, an appointed member of a board serves for a term of 5 years and until a successor is appointed and qualifies.

The terms of the appointed members are staggered as required by the terms of the appointed members serving on the board as of July 1, 1978.

Serves only for the remainder of that term and until a successor is appointed and qualifies; and

Is eligible for appointment to serve two additional consecutive terms.

Be a junior or senior year student enrolled in a public or nonpublic high school or a home instruction program in the county that the library serves, who is of good character and, in the case of a student enrolled in a public or nonpublic high school, is in good standing in the student’s high school;

Be selected in the student’s sophomore or junior year by a method established by the board;

Have an interest in library matters; and

Serve a term of 1 year.

Serves only for the remainder of that term and until a successor is selected and qualifies; and

Is eligible for selection for a full term if the student meets the eligibility requirements under paragraph (3) of this subsection.

Subject to subparagraph (ii) of this paragraph, a student member of a board may vote on all policy matters before the board.

A board may adopt a policy or bylaw to authorize a student member to vote on additional nonpolicy matters before the board.

Shall establish and operate the library to provide free services to residents of the county in which it is located; and

May permit persons outside of the county to use the library facilities on the terms and conditions it determines.

The amounts of money received from the library fund and other sources;

The itemized expenses;

The number of books and periodicals the library has;

The results of the annual audit; and

Any other information the State Library Board requires.

Shall be eligible for State certification as a professional public librarian; and

Shall apply for certification within 6 months of starting employment.

Misconduct in office;

Insubordination;

Incompetency; or

Willful neglect of duty.

The director or the director’s designee shall give the suspended employee a written statement that specifies the reasons for the suspension.

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.

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.

The employee may request a hearing before the board of trustees within 10 working days after receiving notice of the suspension.

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.

Misconduct in office;

Insubordination;

Incompetency; or

Willful neglect of duty.

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.

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.

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.

The decision is unanimous, the decision of the board is final; or

The decision is not unanimous, the employee may appeal to the State Library Board through the State Librarian.

To a minor; or

For library materials intended for children or teens.

To a minor; or

For reserved library materials intended for children or teens.

This paragraph applies to previously borrowed library materials that were:

A public library may not prohibit an individual from borrowing library materials because the individual failed to return previously borrowed library materials until 21 days or more after the date the library materials were due.

A public library may not charge a replacement fee until 21 days after the date on which the library materials were due:

If overdue library materials borrowed by a minor or intended for children or teens are returned in a nondamaged condition after a public library has charged a replacement fee, the public library shall cancel the replacement fee.

If overdue library materials borrowed by a minor or intended for children or teens are returned in a nondamaged condition within 6 months after a replacement fee has been paid, the public library shall refund the replacement fee.

Approximately 40 percent of the total cost of the minimum program; and

Not less than 20 percent of the cost of the minimum program in any county.

For fiscal year 2022 – $17.10;

For fiscal year 2023 – $17.50;

For fiscal year 2024 – $17.90;

For fiscal year 2025 – $18.30;

For fiscal year 2026 – $18.70;

For fiscal year 2027 – $19.10;

For fiscal year 2028 – $19.50;

For fiscal year 2029 – $19.92;

For fiscal year 2030 – $20.32;

For fiscal year 2031 – $20.74; and

For fiscal year 2032 and each fiscal year thereafter – $21.15.

Subject to subsection (d) of this section, the State shall share in this amount.

Any county may provide an amount greater than its share under the cooperative program, but the State may not share in the excess.

The Comptroller shall withhold all State funds from a county library system that the State Library Board certifies has failed to meet the State standards for libraries.

The Comptroller shall continue to withhold funds under subparagraph (i) of this paragraph until the State Library Board certifies that the county library system has adopted a written policy consistent with the State standards for libraries.

Is a member of the Teachers’ Retirement System or the Teachers’ Pension System under Division II of the State Personnel and Pensions Article; and

Is receiving a salary funded by a source other than State or local aid.

Included with an existing annual financial audit as a supplemental part and tested independently;

Conducted in conjunction with a supplemental federally mandated single audit of federal financial assistance programs and tested independently; or

Conducted as a separate independent audit.

If an examination of the records of a public library shows that the State has paid more than is required under Division II of the State Personnel and Pensions Article, within 30 days after the date of the notice to the library of the State overpayment, the public library may appeal the notice of State overpayment to the Secretary of Budget and Management who shall appoint a hearing examiner.

The hearing examiner shall make recommendations to the Secretary of Budget and Management who shall make a final determination regarding the amount, if any, of the State overpayment.

Shall be applied first to the cost of any audit or portion of any audit relating to subsection (a) of this section to reimburse either the State Library Board or the public library for the expenses of the audits; and

After reimbursement to the State Library Board or public library under item (i) of this paragraph, shall be credited to the General Fund.

60 percent of the total minimum program for current and capital expenses to be shared for all counties; divided by

The total wealth of all the counties.

The adoption of a written policy for operation of the county library system consistent with the State standards for libraries by each board of library trustees or, if the county does not have a board of library trustees, the county government; and

Any other conditions specified by the appropriating agency or imposed under this subtitle.

Acquisition of land or buildings for a county library; or

Construction or improvement of a county library.

Provide a uniform and objective analysis of proposed capital projects; and

Support projects that address the library needs in the State.

Require a matching fund from any combination of county, municipal, or private sources; and

May not be for an amount less than $20,000.

A countywide library plan that includes a mission statement, needs statement, and multiyear goals and objectives on file with the State Library Agency; and

A master plan that includes a description of the capital project approved by the applicant’s governing body.

A description of the scope and purpose of the project;

A building plan that includes the estimated total cost of the project; and

Any other information required by the State Library Agency.

The public necessity and urgency of a project;

The need for additional sources of funding for a project;

The estimated cost and timeliness of executing a project;

The viability of matching funds for a project; and

Geographic diversity.

Approve capital projects for funding in the State budget for the next fiscal year; and

Forward the list of approved capital projects to the Department of Budget and Management.

For each of fiscal years 2008 through 2021, the Governor shall include in the annual operating or capital budget submission $5,000,000 for county library capital projects.

For fiscal year 2022 and each fiscal year thereafter, the Governor shall include in the annual operating or capital budget submission $7,500,000 for county library capital projects.

The minimum State share of a county library capital project is 50%.

The maximum State share of a county library capital project is 90%.

Maintaining access to an electronic literary product beyond the access period specified in the license; and

Allowing other users to access an electronic literary product.

Assist directly in the preparation for and conduct of collective bargaining negotiations on behalf of the employer; or

Have a major role in the administration of resulting collective bargaining agreements.

A request that the Board recognize the employee organization as the exclusive representative of the employees in the bargaining unit;

A statement that the employee organization is one in which employees participate and that has as one of its purposes the representation of public employees in matters of wages, hours, and other terms and conditions of employment;

A statement that the employee organization has no terms or conditions of membership that discriminate with regard to race, color, creed, sex, sexual orientation, gender identity, age, political affiliation, national origin, religion, marital status, or disability; and

A statement that the employee organization has in its possession written proof dated not more than 9 months before the day on which the petition is filed establishing that at least 30% of the employees in the bargaining unit have designated the employee organization to represent them in their employment relations with the employer.

In accordance with the issues presented by the petition or petitions, exclusive representation by any employee organization seeking to obtain or continue representation rights; and

No exclusive representation.

If an election includes three or more choices and no choice receives a majority of the valid votes cast, the neutral decision maker shall conduct a runoff election between the two choices that received the largest number of valid votes cast.

The choice receiving the majority of the valid votes cast in the runoff election shall be certified.

An assertion that the majority of the employees no longer wish to be represented by the employee organization;

A statement that the employees have in their possession substantive documentary proof, dated not more than 6 months before the day on which the petition is filed, that at least 30% of the employees within the bargaining unit approve of the decertification of the employee organization; and

A statement explaining that the employees are seeking decertification of the employee organization as the exclusive representative for the bargaining unit.

The petition shall be processed as described in this section, including verification of proof of interest and an election.