EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0777*
SENATE BILL 777
P3, E4 2lr2912
By: Senator Carter
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Public Information Act – Records Relating to Police Misconduct – Fees 2
FOR the purpose of prohibiting an official custodian from charging a fee for the search and 3
preparation of a certain number of pages of a certain record relating to an 4
administrative or criminal investigation of misconduct by a police officer; and 5
generally relating to fees for inspection of records relating to police misconduct. 6
BY repealing and reenacting, with amendments, 7
Article – General Provisions 8
Section 4–206 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – General Provisions 14
4–206. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “Indigent” means an individual’s family household income is less than 17
50% of the median family income for the State as reported in the Federal Register. 18
(3) “Reasonable fee” means a fee bearing a reasonable relationship to the 19
recovery of actual costs incurred by a governmental unit. 20
(b) (1) Subject to the limitations in this section, the official custodian may 21
charge an applicant a reasonable fee for: 22
2 SENATE BILL 777
(i) the search for, preparation of, and reproduction of a public record 1
prepared, on request of the applicant, in a customized format; and 2
(ii) the actual costs of the search for, preparation of, and 3
reproduction of a public record in standard format, including media and mechanical 4
processing costs. 5
(2) The staff and attorney review costs included in the calculation of actual 6
costs incurred under this section shall be prorated for each individual’s salary and actual 7
time attributable to the search for and preparation of a public record under this section. 8
(c) (1) The official custodian may not charge a fee for: 9
(I) the first 2 hours that are needed to search for a public record and 10
prepare it for inspection; OR 11
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE 12
SEARCH AND PREPARATI ON EXCEEDS 2 HOURS, THE SEARCH AND PREPARATI ON OF 13
THE FIRST 500 PAGES OF THE RECORD FOR INSPECTION . 14
(2) PARAGRAPH (1)(II) OF THIS SUBSECTION A PPLIES ONLY TO 15
RECORDS, OTHER THAN A RECORD OF A TECHNICAL INFRA CTION, RELATING TO A N 16
ADMINISTRATIVE OR CR IMINAL INVESTIGATION OF MISCONDUCT BY A P OLICE 17
OFFICER, INCLUDING AN INTERNA L AFFAIRS INVESTIGAT ORY RECORD , A HEARING 18
RECORD, AND RECORDS RELATING TO A DISCIPLINARY DE CISION. 19
(d) (1) If another law sets a fee for a copy, an electronic copy, a printout, or a 20
photograph of a public record, that law applies. 21
(2) The official custodian may charge for the cost of providing facilities for 22
the reproduction of the public record if the custodian did not have the facilities. 23
(e) The official custodian may waive a fee under this section if: 24
(1) the applicant asks for a waiver; and 25
(2) (i) the applicant is indigent and files an affidavit of indigency; or 26
(ii) after consideration of the ability of the applicant to pay the fee 27
and other relevant factors, the official custodian determines that the waiver would be in 28
the public interest. 29
(f) If the custodian of a public record for a local school system charges an 30
applicant a fee under subsection (b) of this section, the custodian shall provide written 31
notice to the applicant that the applicant may file a complaint with the Board to contest 32
the fee. 33 SENATE BILL 777 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2022. 2