WES MOORE, Governor

Ch. 130

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 ina 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 fromthe 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 fromlibraries under certain circumstances; prohibiting county boards of education andthe 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 theproperty 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 forlibraries 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–1–Ch. 1302024 LAWS OF MARYLAND

4–142.
(A)

IN THIS SECTION, “STATE STANDARDS FOR LIBRARIES” HAS THE
MEANING STATED IN § 23–101 OF THIS ARTICLE.
(A)IT IS THE POLICY OF THE STATE THAT EACH LOCAL SCHOOL SYSTEMOPERATE ITS SCHOOL LIBRARYFOLLOWING STANDARDS:

MEDIA

PROGRAMCONSISTENT

WITH

THE

(1)

THE MATERIALS, SERVICES, AND RESOURCES PROVIDED IN ASCHOOL LIBRARY MEDIA PROGRAM ARE PROVIDED FOR THE INTEREST,INFORMATION, AND INSTRUCTIONAL SUPPORT OF STUDENTS AND SCHOOLPERSONNEL OF THE SCHOOLS THE PROGRAM SERVES;(2)

MATERIALS MAY NOT BE EXCLUDED FROM A SCHOOL LIBRARYMEDIA PROGRAM SOLELY BECAUSE OF THE ORIGIN, BACKGROUND, OR VIEWS OF
THE INDIVIDUAL WHO CREATED THE MATERIAL; AND(3)

MATERIALS MAY NOT BE EXCLUDED OR REMOVED FROM THE
CATALOGUE OF A SCHOOL LIBRARY MEDIA PROGRAM BECAUSE OF PARTISAN,IDEOLOGICAL, OR RELIGIOUS DISAPPROVAL.
(B)

(1)

EACH LOCAL SCHOOL SYSTEM SHALL DEVELOP AND IMPLEMENTA POLICY AND PROCEDURES TO REVIEW OBJECTIONS TO MATERIALS IN THE SCHOOLLIBRARY MEDIA PROGRAM CONSISTENT WITH U.S. SUPREME COURT LEGALPRECEDENT.

(2)

THE POLICY AND PROCEDURES DEVELOPED UNDER PARAGRAPH(1) OF THIS SUBSECTION SHALL:(I)ESTABLISH A UNIFORM PROCESS TO SUBMIT AN OBJECTION
TO MATERIALS IN A SCHOOL LIBRARY MEDIA PROGRAM BY A STUDENT, PARENT OR
GUARDIAN OF A STUDENT ENROLLED IN A SCHOOL IN THE LOCAL SCHOOL SYSTEM,OR SCHOOL PERSONNEL;(II)REQUIRE

MATERIALS UNDER REVIEW DUE TO ANOBJECTION TO REMAIN AVAILABLE FOR USE BY STUDENTS AND SCHOOLPERSONNEL UNTIL THE REVIEW PROCESS HAS CONCLUDED; AND(III) ESTABLISH A REASONABLE TIMELINE TO CONDUCT AND
CONCLUDE THE REVIEW PROCESS IN A TIMELY MANNER.

–2–

WES MOORE, Governor

Ch. 130(B) (C)A COUNTY BOARD MAY NOT DISMISS, DEMOTE, SUSPEND,DISCIPLINE, REASSIGN, TRANSFER, OR OTHERWISE RETALIATE AGAINST A
LIBRARIAN OR, A CERTIFIED LIBRARY MEDIA SPECIALIST, OR SCHOOL LIBRARYMEDIA PROGRAM SUPPORT STAFF EMPLOYED BY A COUNTY BOARD MAY NOT BEDISMISSED, DEMOTED, SUSPENDED, DISCIPLINED, REASSIGNED, TRANSFERRED, OR
OTHERWISE RETALIATED AGAINST FOR ACTING IN A MANNER FOR PERFORMING
THEIR JOB DUTIES CONSISTENT WITH THE STATE STANDARDS FOR LIBRARIESSTANDARDS 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 readprint 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 LIBRARIES” MEANS THE PHILOSOPHY FOR THE
OPERATION OF A LIBRARY THAT ADHERES TO THE STANDARDS ENUMERATED IN §23–102.1(A) OF THIS SUBTITLE STANDARDS FOR THE CONSISTENT AND EQUITABLEOPERATION OF A LIBRARY THAT SERVE ALL CITIZENS OF THE STATE ASESTABLISHED 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 CENTER;(III) A CORRECTIONAL FACILITY LIBRARY;(IV)

A COUNTY LIBRARY SYSTEM AND THE ENOCH PRATT FREE
LIBRARY IN BALTIMORE;(V)
PRINT DISABLED;(VI)

THE MARYLAND STATE LIBRARY FOR THE BLIND AND
THE MARYLAND DEAF CULTURE DIGITAL LIBRARY; AND–3–

Ch. 1302024 LAWS OF MARYLAND(VII) A METROPOLITAN COOPERATIVE SERVICE PROGRAM.
(2)“LIBRARY” DOES NOT INCLUDE A SCHOOL LIBRARY MEDIA
PROGRAM ESTABLISHED BY A LOCAL SCHOOL SYSTEM.
(B)

IT IS THE GOAL POLICY OF THE STATE THAT EACH LIBRARY IS

OPERATED SHALL OPERATE IN A MANNER THAT RECOGNIZES CONSISTENT WITH
THE FOLLOWING STANDARDS:(1)LIBRARY MATERIALS, SERVICES, AND RESOURCES EXIST AND
SHOULD BE PROVIDED FOR THE INTEREST, INFORMATION, AND ENLIGHTENMENTOF ALL PERSONS THE LIBRARY SERVES;(2)

A LIBRARY SHOULD NOT EXCLUDE MATERIAL FROM ITS
CATALOGUE BECAUSE OF THE ORIGIN, BACKGROUND, OR VIEWS OF A PERSON WHO
CREATED THE MATERIAL; AND(3)

A LIBRARY SHOULD NOT PROHIBIT OR REMOVE MATERIAL FROMITS CATALOGUE BECAUSE OF PARTISAN OR DOCTRINAL, IDEOLOGICAL, OR
RELIGIOUS DISAPPROVAL.
(B) (C)IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT ANY A
LIBRARY, SCHOOL LIBRARY, RESOURCE CENTER, OR OTHER LIBRARYARRANGEMENT DEVELOPED BY THE STATE LIBRARY AGENCY THAT RECEIVESFUNDING FROM THE STATE SHALL ADOPT AND FOLLOW A WRITTEN POLICY FOROPERATION 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, theState 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 librarydevelopment 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;–4–

WES MOORE, Governor

Ch. 130(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 anyother 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 thepeople 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 thissubtitle.
(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 POLICIES FOR THE
OPERATION OF LIBRARIES THAT ALIGN ARE CONSISTENT WITH THE STATE
STANDARDS FOR LIBRARIES.
23–106.
(a)In addition to any other powers granted and duties imposed by this title, andsubject to the authority of the State Library Board, the State Library Agency has thepowers and duties set forth in this section.
(b)

The State Library Agency shall:(1)
Provide leadership and guidance for the planning and coordinateddevelopment 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 thisState;(3)in this State to:Provide professional and technical advice on improving library services(i)Public and school library officials;(ii)

Higher education and special library officials;–5–Ch. 1302024 LAWS OF MARYLAND

(4)

(iii)

State government agencies; and(iv)

Any other person;(i)Collect library statistics and other data;(ii)
studies of them; andIdentify library needs and provide for needed research and(iii)
services and agencies;

Coordinate library services with other information and education(5)
library purposes;

Administer federal and State funds appropriated to it by the State for(6)libraries; and(i)Develop and recommend professional standards and policies for(ii)
Establish requirements and procedures for the certification oflibrarians and library personnel;(7)

Provide:(i)
Specialized library service to the blind and other print disabledindividuals in this State; and(ii)

Other desirable specialized library services;(8)
Encourage, advise, and assist in establishing, operating, andcoordinating libraries at State institutions and agencies and administer the operation oflibrary and information services for the State Library Board;(9)
Administer the State grant program for county public library capitalprojects, in accordance with § 23–509 of this title;(10) Adopt guidelines for the administration of public libraries andrecommend 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]ENSURE THAT EACH LIBRARY AS DEFINED IN § 23–102.1 OF THISSUBTITLE THAT RECEIVES STATE FUNDS IS OPERATED IN A MANNER CONSISTENT
WITH THE STATE STANDARDS FOR LIBRARIES; AND
(13)

–6–

WES MOORE, Governor

Ch. 130(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 andcoordination, books, information, and other material and service resources that anindividual 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 librarytrustees of the participating library systems shall designate the library to serve as theresource center.
(d)(1)
There is a board of advisors for each regional resource center that shallact as the Regional Advisory Council.
(2)

(3)

The Council consists of:(i)

The director of the regional resource center; and(ii)

The director of each member library system.

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 ofthe regional resource center.
(2)

The director:(i)
Is appointed by the governing board established in accordancewith § 23–202.1 of this subtitle; and(ii)

Shall serve at the pleasure of the governing board.
–7–

Ch. 1302024 LAWS OF MARYLAND(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:

(2)

(i)

The standards adopted by the State Library Board; and(ii)

The policies adopted by the governing board.

The director shall:(i)Prepare and submit for the approval of the governing board theannual 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 designatedas the regional resource center; and[(2)] (II)Approved by the Council.

(2)

THE POLICIES AND PROCEDURES FOR OPERATION OF THE
REGIONAL RESOURCE CENTER SHALL BE CONSISTENT WITH THE STATE STANDARDSFOR 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;–8–

WES MOORE, Governor(4)

Organize in–service training for library staffs; and(5)

Develop and operate cooperative services among libraries.

Ch. 130

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 theparticipating library systems.
(2)(i)
The board of trustees of the Washington County Free Libraryshall 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, andstructure 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 thegoverning 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.
–9–Ch. 1302024 LAWS OF MARYLAND(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 isappointed 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(2)by the board.

A governing board may elect any other officers determined necessary

year.

(3)
If a governing board elects a treasurer, the treasurer shall beappropriately 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 aquorum.
(i)(1)
A member of a governing board who fails to attend at least 50% of thescheduled meetings of the board during any consecutive 12–month period shall beconsidered to have resigned.
(2)
If the member has been unable to attend meetings for reasonssatisfactory to the governing board, the governing board may waive the resignation.
(3)
The chair of a governing board shall report the member’s name andnonattendance to the State Library Board within 45 days after the end of the 12–month
period.

– 10 –

WES MOORE, Governor

Ch. 130(4)
The governing board shall fill any vacancy in accordance withsubsection (f) of this section.
(j)(1)
In addition to the other powers expressly granted and duties imposedby 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, aprofessional 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 RESOURCE CENTER THAT IS CONSISTENT WITH THE STATE
STANDARDS FOR LIBRARIES AND CONDUCT THE OPERATION OF THE REGIONALRESOURCE CENTER IN A MANNER CONSISTENT WITH THE WRITTEN POLICY;[(vi)] (VII)

Publish the results of the audit conducted underparagraph (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 and2.

Itemized expenses;

other sources;3.
The number of books and periodicals in the possession ofand owned by the regional resource center;4.

The results of the annual audit; and5.

Any other information required by the State Library

Board.
– 11 –

Ch. 1302024 LAWS OF MARYLAND(3)

A governing board may:(i)
Apply, accept, and expend any gift, appropriation, or grant fromthe 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 ofregional resource center buildings, subject to the approval of the State Library Board andthe Governor;(v)

Make agreements with any person for any library service; and(vi) Perform any other actions necessary for the proper control anddevelopment 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 ofLegislative Audits, in accordance with §§ 2–1220 through 2–1227 of the State Government
Article.

(K) THE GOVERNING BOARD MAY NOT DISMISS, SUSPEND, DISCIPLINE,
DEMOTE, REASSIGN, TRANSFER, OR OTHERWISE RETALIATE AGAINST AN EMPLOYEEFOR ACTING IN A MANNER CONSISTENT WITH THE REGIONAL RESOURCE CENTER’SWRITTEN POLICY IMPLEMENTING THE STATE STANDARDS FOR LIBRARIES.
23–205.
(a)[Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION, EACH year, theState Library Board may include in its budget operating funds for:– 12 –

WES MOORE, Governor(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.

Ch. 130(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 boardof 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 theState 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 orcooperative 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 foreach 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 eachresident of the area served;(ii)
For fiscal year 2016.................................................. $6.95 per eachresident of the area served;(iii) For fiscal year 2017.................................................. $7.15 per eachresident of the area served;– 13 –

Ch. 1302024 LAWS OF MARYLAND(iv) For fiscal year 2018.................................................. $7.55 per eachresident of the area served;(v)
For fiscal year 2019.................................................. $7.95 per eachresident of the area served;(vi) For fiscal year 2020.................................................. $8.35 per eachresident of the area served;(vii) For fiscal year 2021.................................................. $8.55 per eachresident of the area served;(viii) For fiscal year 2022.................................................. $8.75 per eachresident of the area served;(ix) For fiscal year 2023.................................................. $9.19 per eachresident of the area served;(x)
For fiscal year 2024.................................................. $9.39 per eachresident of the area served;(xi) For fiscal year 2025.................................................. $9.59 per eachresident of the area served;(xii) For fiscal year 2026.................................................. $9.79 per eachresident of the area served; and(xiii) For
fiscal
year
2027
and
each
fiscalyear
thereafter............................................................................................................ $9.99 per eachresident of the area served.
(d)(1)[Each] SUBJECT TO SUBSECTION (G) OF THIS SECTION, EACH year
the State Library Resource Center shall receive a minimum amount of funding for eachState 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(ii)

For fiscal year 2017................................................. $1.69 per State(iii)

For fiscal year 2018................................................. $1.73 per State

resident;
resident;
resident;– 14 –

WES MOORE, Governor

Ch. 130(iv)

For fiscal year 2019................................................. $1.77 per State(v)

For fiscal year 2020................................................. $1.81 per State(vi)

For fiscal year 2021................................................. $1.85 per State(vii)

For fiscal year 2022................................................. $1.89 per State

resident;
resident;
resident;
resident;(viii) For fiscal year 2023................................................. $1.93 per State
resident; and(ix) For
fiscal
year
2024
and
each
fiscalyear
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 Blindand Print Disabled shall receive an amount equivalent to at least 25% of the amountreceived 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, theMaryland 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 towithhold 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 UNDER THIS SECTION IS CONTINGENT ON A
LIBRARY, RESOURCE CENTER, OR METROPOLITAN COOPERATIVE SERVICEPROGRAM ADOPTING A WRITTEN POLICY FOR OPERATION OF THE LIBRARY,CENTER, OR PROGRAM THAT IS CONSISTENT WITH THE STATE STANDARDS FOR
LIBRARIES.
(2)

THE

STATE LIBRARIAN SHALL AUTHORIZE THE STATECOMPTROLLER TO WITHHOLD STATE FUNDS FROM A LIBRARY, RESOURCE CENTER,– 15 –

Ch. 1302024 LAWS OF MARYLANDOR COOPERATIVE SERVICE PROGRAM THAT DOES NOT ADOPT A WRITTEN POLICY
THAT IS CONSISTENT WITH THE STATE STANDARDS FOR LIBRARIES(I)

THE COMPTROLLER SHALL WITHHOLD ALL STATE FUNDSFROM ANY REGIONAL RESOURCE CENTER OR METROPOLITAN COOPERATIVESERVICE PROGRAM THAT THE STATE LIBRARY BOARD CERTIFIES HAS FAILED TO
MEET THE STATE STANDARDS FOR LIBRARIES.

(II) THE COMPTROLLER SHALL CONTINUE TO WITHHOLDFUNDS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH UNTIL THE STATE LIBRARY
BOARD CERTIFIES THAT THE REGIONAL RESOURCE CENTER OR METROPOLITANCOOPERATIVE SERVICE PROGRAM HAS ADOPTED A WRITTEN POLICY CONSISTENT
WITH THE STATE STANDARDS FOR LIBRARIES.
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 othernecessary 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:– 16 –

WES MOORE, Governor

Ch. 130(1)
Shall hold a certificate of library qualifications issued by the State
Superintendent; or(2)librarian; and(i)Shall be eligible for State certification as a professional public(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 thewritten 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, theboard 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 thereasons for the suspension, the board shall refund all pay benefits lost by reason of thesuspension to the employee.
(5)personnel policy.

Suspension of an employee with pay shall be as provided by the library’s– 17 –

Ch. 1302024 LAWS OF MARYLAND(e)(1)
On written recommendation of the library director, each board oflibrary trustees may dismiss any library employee under its jurisdiction for any of thefollowing 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 theemployee a written copy of the charges against the employee and give the employee anopportunity to request a hearing before the board within 10 working days.
(ii)
If the employee requests a hearing within the 10–day period theboard 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 thehearing.
(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 theState Library Board through the State Librarian.

(F)

IF THE BOARD OF LIBRARY TRUSTEES ADOPTS A WRITTEN POLICYCONSISTENT WITH THE STATE STANDARDS FOR LIBRARIES, AN EMPLOYEE MAY NOTBE DISMISSED, SUSPENDED, DISCIPLINED, DEMOTED, REASSIGNED, TRANSFERRED,OR OTHERWISE RETALIATED AGAINST FOR ACTING IN A MANNER PERFORMING
THEIR JOB DUTIES CONSISTENT WITH THE ADOPTED WRITTEN POLICY.

[(f)] (G)The director of each library shall:(1)
Act as the general executive officer of the library and be responsible forthe management of its operations in accordance with policies approved by the board oflibrary trustees;(2)

Prepare the annual budget of the library, and present it to the board forapproval;– 18 –

WES MOORE, Governor(3)

Ch. 130

Nominate for appointment all library employees in the county librarysystem; and(4)
Establish reasonable rules and adopt regulations for the use of thelibrary 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)
shall provide:[The] SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE State(i)

Approximately 40 percent of the total cost of the minimum(ii)

Not less than 20 percent of the cost of the minimum program inprogram; andany 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;– 19 –

Ch. 1302024 LAWS OF MARYLAND(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 COUNTY LIBRARY SYSTEM

THAT PARTICIPATES IN THE MINIMUM LIBRARY PROGRAM UNDER THIS SECTION IS
CONTINGENT ON THE BOARD OF LIBRARY TRUSTEES ADOPTING A WRITTEN POLICYFOR OPERATION OF THE COUNTY LIBRARY SYSTEM THAT IS CONSISTENT WITH THE
STATE STANDARDS FOR LIBRARIES.

(2)

THE

STATE

LIBRARIAN SHALL AUTHORIZE THE STATECOMPTROLLER TO WITHHOLD STATE FUNDS FROM A COUNTY PUBLIC LIBRARYSYSTEM THAT DOES NOT ADOPT A WRITTEN POLICY THAT IS CONSISTENT WITH THE
STATE STANDARDS FOR LIBRARIES(I)

THE COMPTROLLER SHALL WITHHOLD ALL STATE FUNDSFROM A COUNTY LIBRARY SYSTEM THAT THE STATE LIBRARY BOARD CERTIFIESHAS FAILED TO MEET THE STATE STANDARDS FOR LIBRARIES.
(II)THE COMPTROLLER SHALL CONTINUE TO WITHHOLDFUNDS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH UNTIL THE STATE LIBRARY
BOARD CERTIFIES THAT THE COUNTY LIBRARY SYSTEM HAS ADOPTED A WRITTENPOLICY CONSISTENT WITH THE STATE STANDARDS FOR LIBRARIES.
– 20 –

WES MOORE, Governor

Ch. 130

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(2)

In each county that does not have a board of library trustees, to the(b)(1)
library trustees.

Current operating funds shall be administered by the county board oftrustees; orcounty.

(2)
Capital expense funds shall be administered by the county council,
board of county commissioners, or Mayor and City Council of Baltimore City.
(c)
purposes.

(1)

The funds provided under this subtitle may be used only for library(2)

The State Librarian shall require that these funds be used subject to[any]:(I)

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 NOTHAVE A BOARD OF LIBRARY TRUSTEES, THE COUNTY GOVERNMENT; 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 REQUIREMENT THAT THE COUNTYLIBRARY BE OPERATED IN A MANNER THAT IS CONSISTENT WITH THE STATE
STANDARDS FOR LIBRARIES.

(B)

(1)

THE COMPTROLLER SHALL WITHHOLD ALL STATE FUNDS FROM A
COUNTY THAT THE STATE LIBRARY BOARD CERTIFIES HAS FAILED TO OPERATE– 21 –

Ch. 1302024 LAWS OF MARYLANDTHE COUNTY LIBRARY SYSTEM CONSISTENT WITH THE STATE STANDARDS FOR
LIBRARIES.

(2)

THE COMPTROLLER SHALL CONTINUE TO WITHHOLD FUNDSUNDER PARAGRAPH (1) OF THIS SUBSECTION UNTIL THE STATE LIBRARY BOARD
CERTIFIES THAT THE COUNTY HAS ADOPTED A WRITTEN POLICY FOR THE
OPERATION OF THE COUNTY LIBRARY SYSTEM CONSISTENT 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 publichealth or safety, has been passed by a yea and nay vote supported by three–fifths of all themembers elected to each of the two Houses of the General Assembly, and shall take effectfrom the date it is enacted.
Approved by the Governor, April 25, 2024.

– 22 –