Title 23. Libraries — Subtitle 4. County Public Libraries

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.