The governing body of each county may establish, and appropriate an amount to support, a county public library system free from political influence. Each county public library system shall be governed by a board of trustees. However, a charter county may: Establish a county library agency and grant it some or all of the powers of a board of trustees; or Have a board of library trustees, provide for the board’s selection, and determine its powers.

The Mayor and City Council of Baltimore shall be governed by the requirements and regulations pertaining to the Enoch Pratt Free Library of Baltimore City as provided in Chapter 181 of the Acts of 1882 and any other laws applicable to the operation of public libraries. The powers and duties of the Board of Trustees of the Enoch Pratt Free Library are as provided in Chapter 181 of the Acts of 1882 and the Charter and the Articles of Incorporation of the Enoch Pratt Free Library and other laws applicable to the Board of Trustees of the Enoch Pratt Free Library. A State grant shall be made available to fund the increased operating expenses for the branches of the Enoch Pratt Free Library that increase their operating hours above the hours in effect as of January 1, 2016. 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. To receive any State funds under subparagraph (i) of this paragraph, Baltimore City shall provide a 25% match for each dollar of State funds granted to support the additional operating expenses related to the increased hours of operation of the branches of the Enoch Pratt Free Library that, in that fiscal year, will be subject to increased operating hours as provided in paragraph (3) of this subsection. Baltimore City may use public and private funds to satisfy the requirements of subsubparagraph 1 of this subparagraph. In calculating the additional operating expenses of the increased hours of operation, the baseline hours of operation of all branches of the Enoch Pratt Free Library are those hours of operation in effect as of January 1, 2016. The Maryland State Library Agency shall establish a process to distribute the State grant to Baltimore City or the Enoch Pratt Free Library for the additional operating expenses related to the increased hours of operation. 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: A list of the branches of the Enoch Pratt Free Library with increased operating hours for the previous fiscal year that are above the operating hours in effect as of January 1, 2016; and An evaluation of the impact of the increased hours of operation of the branches of the Enoch Pratt Free Library. The County Commissioners of Washington County shall be governed by the requirements and regulations pertaining to the Washington County Free Library as provided in Chapter 511 of the Acts of 1898 and any other laws applicable to the operation of public libraries. The powers and duties of the Board of Trustees of the Washington County Free Library are as provided in Chapter 511 of the Acts of 1898 and the Charter, Articles of Incorporation, and other laws applicable to the Board of Trustees of the Washington County Free Library. Notwithstanding any other provisions of this subtitle, employees of the Prince George’s County Memorial Library System have the right to organize and bargain collectively through representatives of their choosing as authorized by the Prince George’s County Charter, Section 908, as of July 1, 1986. Such employees shall be covered under the provisions of the Prince George’s County Labor Code, as provided in § 13A–116 of that Code, as of July 1, 1995. 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: That is at least 51 percent owned by 1 or more minority individuals; or In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by 1 or more minority individuals; and Whose management and daily business operations are controlled by 1 or more minority individuals. “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. The Board of Trustees of the Prince George’s County Memorial Library System shall undertake and complete an internal and market fact–finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the Board. The results of the fact–finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990. If the fact finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the Board of Trustees, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the Board. The program shall include specific goals and the definition of “minority individual”. In establishing a minority business enterprise program, the Board of Trustees is authorized to use incentives to achieve the designated goals of the program, including but not limited to: 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: Small businesses; A variety of different businesses; and Businesses located within Prince George’s County. 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 Board of Trustees shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes. 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. In Garrett County, the public library system operated by the Board of Trustees shall be known as the Ruth Enlow Library of Garrett County.

Except as provided in paragraph (3) of this subsection and subsection (g) of this section, each board of library trustees consists of seven appointed members appointed by the county governing body from nominees submitted by the board of library trustees. A board that existed before 1945 under a corporate charter may continue as constituted if: 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. In Harford County, the Board of Trustees consists of at least 7 appointed members, but not more than 11 appointed members, appointed by the county governing body from nominees submitted by the Board of Trustees. The appointed members of the board shall be: Representative of the area the library serves; and Residents of the county that the library serves. 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. Except as provided in paragraph (4) of this subsection, an appointed member may be reappointed but may not serve more than two consecutive terms. An appointed 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; and Is eligible for appointment to serve two additional consecutive terms. An appointed member of the Board of the Prince George’s County Memorial Library System may serve an unlimited number of consecutive terms of office. In Charles County, an appointed member of the Board serves for a term of 4 years. In Harford County, an appointed member of the Board serves for a term of 5 years, beginning on July 1, and until a successor is appointed and qualifies. Each member of a board serves without compensation. A board may provide for the selection of a student member of the board in accordance with this subsection. A student member shall be selected by a process established by the board. The student member of a board shall: 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. A student member selected to fill a vacancy in an unexpired term: 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.

Each year, each board of library trustees: Shall elect one of its appointed members as its chair; and May elect any other officer it requires from among the appointed members of the Board. The treasurer of each board of library trustees shall be bonded adequately. Each board of library trustees may determine the time and place of its meetings and may adopt rules for the conduct of its meetings. However: Each board shall meet at least once every 3 months; Any final action of a board shall be taken at a public meeting; and The minutes of board meetings shall be open to the public. Any member of a board of library trustees who fails to attend at least half of the scheduled meetings of the board during any calendar year shall be considered to have resigned from the board. The chair of the board of library trustees shall report the member’s name and nonattendance to the county governing body by January 15 of the following year. The county governing body may reject the resignation if the member explains his nonattendance satisfactorily. The resignation is effective from the date of the final review by the county governing body, which shall be within 10 days after it receives the report from the chair of the board of library trustees. The county governing body shall fill any resulting vacancy as provided in § 23–403 of this subtitle.

In addition to any other powers granted or duties imposed by this subtitle, each board of library trustees has the powers and duties set forth in this section. Except as provided in paragraph (2) of this subsection, each board of library trustees: 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. In Baltimore City and Baltimore, Charles, Montgomery, and Prince George’s counties, the board of library trustees in each of these counties may permit a library to charge fees for the rental of media. Each board of library trustees may: Establish and operate libraries at any location in the county; Determine the policy of the library; and Adopt reasonable rules, regulations, and bylaws for the use of the library and the conduct of its business. Each board of library trustees may: Advise in the preparation of, and approve, the library budget; Receive, account for, control, and supervise, under the rules and regulations of the county governing body, the spending of all public funds received by the library; and Use the services of the fiscal agencies of the county governing body. Each board of library trustees shall: Provide for an audit at least annually, by an accountant approved by the State Librarian of its business and financial transactions and of the accounts of its treasurer; Make public the results of the annual audit; and Make an annual report to the county governing body and the State Librarian on or before November 1 of each year, except that a county having a population of more than 500,000 and having a county library agency as provided by § 23–401(b) of this subtitle shall submit their report by January 1. The report shall show: 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. Each board of library trustees may: Accept any gift, grant, or appropriation for library purposes from any person under any appropriate terms and conditions; Own and dispose of these gifts, grants, and appropriations; Recommend to the county governing body the acquisition, use, or conveyance of property, for any purpose valid under this subtitle; Select the location of and approve plans for the erection of library buildings, subject to the approval of the county governing body; Make contracts for any library service with any person; and Do anything else necessary for the proper control and development of the library.

Each board of library trustees: Shall select and appoint a professional librarian eligible for certification as director of the library to serve at the pleasure of the board; and May delegate to the director its authority to appoint any other necessary employees. Each board of library trustees shall establish policies for: Staff classification; Salaries; Work conditions; Suspension with pay; Grievance procedures; Benefits, including vacation and sick leave; Hours of work; and Any other personnel procedures and practices necessary for the efficient operation of the library. Each professional public librarian appointee to the professional library staff: Shall hold a certificate of library qualifications issued by the State Superintendent; or Shall be eligible for State certification as a professional public librarian; and Shall apply for certification within 6 months of starting employment. 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: 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. 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. Suspension of an employee with pay shall be as provided by the library’s personnel policy. 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: 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. If the board votes to remove the employee and: 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. If the board of library trustees adopts a written policy consistent with the State standards for libraries, an employee may not be dismissed, suspended, disciplined, demoted, reassigned, transferred, or otherwise retaliated against for performing their job duties consistent with the adopted written policy. The director of each library shall: 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; Prepare the annual budget of the library, and present it to the board for approval; Nominate for appointment all library employees in the county library system; and Establish reasonable rules and adopt regulations for the use of the library system subject to approval by the board of library trustees.

The board of library trustees of any library may use volunteer aides. These volunteer aides may not replace library personnel but shall assist regular personnel in carrying out their duties. Each board of library trustees shall develop guidelines for the selection and use of volunteer aides in its library system. Volunteer aides shall be considered agents of the board of library trustees for the limited purpose of comprehensive liability insurance coverage.

A person may not unlawfully take, detain, mutilate, injure, or disfigure any book, map, picture, engraving, manuscript, or other property of any library. Any person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250, imprisonment not exceeding 3 months, or both.

In this section the following words have the meanings indicated. “Overdue fine” means any amount charged by a public library to an individual for failure to return library materials by the end of the loan period. “Replacement fee” means any amount charged by a public library to an individual for the replacement of library materials that have not been returned or have been returned in a damaged condition at the time the fee is issued. “Reserve fee” means any amount charged by a public library to an individual for failure to collect library materials that have been placed on hold or reserved. “Special collections” includes library materials such as cake pans, tools, framed art, and other groups of library materials that possess unique value and requirements for use, as designated by the public library. This section does not apply to special collections. A public library may not charge an overdue fine: To a minor; or For library materials intended for children or teens. A public library may not charge a reserve fee: To a minor; or For reserved library materials intended for children or teens. This paragraph applies to previously borrowed library materials that were: Borrowed by a minor; or Intended for children or teens. 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: To a minor; or For library materials intended for children or teens. 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. Each board of library trustees shall adopt regulations to carry out this section.

Each public library must offer at least one of the following services alone or in partnership with units of government or nonprofit organizations: A program designed to increase early childhood literacy and learning, school readiness, literacy proficiency, and student success; An educational program that advances information literacy, technology instruction and skills, and economic, career, and workforce development; An initiative that increases digital equity and access to the Internet; Serving as a community resource and distribution site during public emergencies; and Support for mental health and personal well–being.