EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0777*
SENATE BILL 777
P3, E4 2lr2912
By: Senator Carter
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 5, 2022
CHAPTER ______
AN ACT concerning 1
Task Force to Study Public Information Act – Records Relating to Police 2
Misconduct – Fees Requests Made to Law Enforcement – Establishment 3
FOR the purpose of prohibiting an official custodian from charging a fee for the search and 4
preparation of a certain number of pages of a certain record relating to an 5
administrative or criminal investigation of misconduct by a police officer; and 6
generally relating to fees for inspection of records relating to police misconduct 7
establishing the Task Force to Study Public Information Act Requests Made to Law 8
Enforcement; and generally relating to the Public Information Act. 9
BY repealing and reenacting, with amendments, 10
Article – General Provisions 11
Section 4–206 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – General Provisions 17
4–206. 18
(a) (1) In this section the following words have the meanings indicated. 19
2 SENATE BILL 777
(2) “Indigent” means an individual’s family household income is less than 1
50% of the median family income for the State as reported in the Federal Register. 2
(3) “Reasonable fee” means a fee bearing a reasonable relationship to the 3
recovery of actual costs incurred by a governmental unit. 4
(b) (1) Subject to the limitations in this section, the official custodian may 5
charge an applicant a reasonable fee for: 6
(i) the search for, preparation of, and reproduction of a public record 7
prepared, on request of the applicant, in a customized format; and 8
(ii) the actual costs of the search for, preparation of, and 9
reproduction of a public record in standard format, including media and mechanical 10
processing costs. 11
(2) The staff and attorney review costs included in the calculation of actual 12
costs incurred under this section shall be prorated for each individual’s salary and actual 13
time attributable to the search for and preparation of a public record under this section. 14
(c) (1) The official custodian may not charge a fee for: 15
(I) the first 2 hours that are needed to search for a public record and 16
prepare it for inspection; OR 17
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE 18
SEARCH AND PREPARATI ON EXCEEDS 2 HOURS, THE SEARCH AND PREPA RATION OF 19
THE FIRST 500 PAGES OF THE RECORD FOR INSPECTION . 20
(2) PARAGRAPH (1)(II) OF THIS SUBSECTION A PPLIES ONLY TO 21
RECORDS, OTHER THAN A RECORD OF A TECHNICA L INFRACTION, RELATING TO AN 22
ADMINISTRATIVE OR CR IMINAL INVESTIGATION OF MISCONDUCT BY A P OLICE 23
OFFICER, INCLUDING AN INTERNA L AFFAIRS INVESTIGAT ORY RECORD , A HEARING 24
RECORD, AND RECORDS RELATING TO A DISCIPLINARY DE CISION. 25
(d) (1) If another law sets a fee for a copy, an electronic copy, a printout, or a 26
photograph of a public record, that law applies. 27
(2) The official custodian may charge for the cost of providing facilities for 28
the reproduction of the public record if the custodian did not have the facilities. 29
(e) The official custodian may waive a fee under this section if: 30
(1) the applicant asks for a waiver; and 31
(2) (i) the applicant is indigent and files an affidavit of indigency; or 32 SENATE BILL 777 3
(ii) after consideration of the ability of the applicant to pay the fee 1
and other relevant factors, the official custodian determines that the waiver would be in 2
the public interest. 3
(f) If the custodian of a public record for a local school system charges an 4
applicant a fee under subsection (b) of this section, the custodian shall provide written 5
notice to the applicant that the applicant may file a complaint with the Board to contest 6
the fee 7
(a) There is a Task Force to Study Public Information Act Requests Made to Law 8
Enforcement. 9
(b) The Task Force consists of the following members: 10
(1) two members of the Senate of Maryland, appointed by the President of 11
the Senate; 12
(2) two members of the House of Delegates, appointed by the Speaker of 13
the House; 14
(3) the Secretary of State Police, or the Secretary’s designee; 15
(4) the Public Defender, or the Public Defender’s designee; and 16
(5) the following members, appointed by the President of the Senate and 17
the Speaker of the House: 18
(i) one representative of the Maryland Municipal League; 19
(ii) one representative of the Maryland Association of Counties; 20
(iii) one representative of the Maryland Chiefs of Police Association; 21
(iv) one representative of the Maryland Sheriffs Association; 22
(v) one representative of the Maryland, Delaware, and District of 23
Columbia Press Association, Inc.; 24
(vi) one representative of the Maryland State’s Attorneys ’ 25
Association; and 26
(vii) one representative of the Baltimore Legal Action Team. 27
(c) The President of the Senate and the Speaker of the House shall designate the 28
chair of the Task Force. 29
4 SENATE BILL 777
(d) The Office of the Attorney General shall provide staff for the Task Force. 1
(e) A member of the Task Force: 2
(1) may not receive compensation as a member of the Task Force; but 3
(2) is entitled to reimbursement for expenses under the Standard State 4
Travel Regulations, as provided in the State budget. 5
(f) The Task Force shall review and study: 6
(1) costs charged by law enforcement agencies in relation to disclosure of 7
records requested under the Maryland Public Information Act; 8
(2) procedures applied by law enforcement agencies in the disclosure of 9
records requested under the Maryland Public Information Act; and 10
(3) the status and operations of the Maryland Public Information Act 11
Compliance Board. 12
(g) (1) On or before December 31, 2022, the Task Force shall submit an interim 13
report on its findings, in accordance with § 2–1257 of the State Government Article, to the 14
General Assembly. 15
(2) On or before December 31, 2023, the Task Force shall submit a final 16
report on its findings, in accordance with § 2–1257 of the State Government Article, to the 17
General Assembly. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022 June 1, 2022. It shall remain effective for a period of 1 year and 9 months 20
and, at the end of February 29, 2024, this Act, with no further action required by the 21
General Assembly, shall be abrogated and of no further force and effect. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.