Maryland Code § ED-23-402

Section ED-23-402
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(a) (1) 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.
(2) 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.
(3) 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.
(4) (i) 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.
(ii) 1. 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.
2. Baltimore City may use public and private funds to
satisfy the requirements of subsubparagraph 1 of this subparagraph.
(iii) 1. 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.
2. 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.
(5) (i) 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.
(ii) 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:

1. 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
2. An evaluation of the impact of the increased hours
of operation of the branches of the Enoch Pratt Free Library.
(b) (1) 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.
(2) 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.
(c) (1) 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.
(2) 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.
(3) (i) 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.
(ii) 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.
(iii) 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.

(d) (1) (i) In this subsection the following words have the meanings
indicated.
(ii) "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.
(iii) "Mandatory set-asides" means a procedure designating a
certain percentage of total contract dollars for award to minority business
enterprises.
(iv) "Mandatory subcontracting" means a procedure
mandating that a certain percentage of the dollar amount of designated contracts be
subcontracted to minority business enterprises.
(v) "Minority business enterprise" means any business
enterprise:
1. A. That is at least 51 percent owned by 1 or more
minority individuals; or
B. 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
2. Whose management and daily business operations
are controlled by 1 or more minority individuals.
(vi) "Percentage points" means established percentage points
given for minority business enterprise participation in a sealed proposal process.
(vii) "Restrictive bidding" means competitive bidding of
designated contracts that are restricted to minority business enterprises.
(viii) "Restrictive price quotations" means negotiated small
procurements that are restricted to minority business enterprises.
(2) 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.

(3) 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".
(4) 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:
(i) Mandatory set-aside procedures;
(ii) Mandatory subcontracting procedures with reasonable
waiver provisions;
(iii) The application of bonus points;
(iv) The application of percentage points;
(v) Restrictive bidding;
(vi) Restrictive price quotations;
(vii) The reduction or waiver of bonding requirements; and
(viii) Incentives to encourage maximum participation by:
1. Small businesses;
2. A variety of different businesses; and
3. Businesses located within Prince George's County.
(5) (i) 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.
(ii) 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.

(6) 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.
(7) (i) The program shall be evaluated every 2 years.
(ii) The results of any evaluation under this paragraph shall
be submitted to the Prince George's County Delegation of the General Assembly.
(e) In Garrett County, the public library system operated by the Board of
Trustees shall be known as the Ruth Enlow Library of Garrett County.

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