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Statutes Text

Article - Education




§23–409.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “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.

        (3)    “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.

        (4)    “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.

        (5)    “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.

    (b)    This section does not apply to special collections.

    (c)    (1)    A public library may not charge an overdue fine:

            (i)    To a minor; or

            (ii)    For library materials intended for children or teens.

        (2)    A public library may not charge a reserve fee:

            (i)    To a minor; or

            (ii)    For reserved library materials intended for children or teens.

        (3)    (i)    This paragraph applies to previously borrowed library materials that were:

                1.    Borrowed by a minor; or

                2.    Intended for children or teens.

            (ii)    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.

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

                1.    To a minor; or

                2.    For library materials intended for children or teens.

            (ii)    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.

            (iii)    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.

    (d)    Each board of library trustees shall adopt regulations to carry out this section.



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