LAWRENCE J. HOGAN, JR., Governor Ch. 536
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Chapter 536
(Senate Bill 777)
AN ACT concerning
Task Force to Study Public Information Act – Records Relating to Police
Misconduct – Fees Requests Made to Law Enforcement – Establishment
FOR the purpose of prohibiting an official custodian from charging a fee for the search and
preparation of a certain number of pages of a certain record relating to an
administrative or criminal investigation of misconduct by a police officer; and
generally relating to fees for inspection of records relating to police misconduct
establishing the Task Force to Study Public Information Act Requests Made to Law
Enforcement; and generally relating to the Public Information Act.
BY repealing and reenacting, with amendments,
Article – General Provisions
Section 4–206
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – General Provisions
4–206.
(a) (1) In this section the following words have the meanings indicated.
(2) “Indigent” means an individual’s family household income is less than
50% of the median family income for the State as reported in the Federal Register.
(3) “Reasonable fee” means a fee bearing a reasonable relationship to the
recovery of actual costs incurred by a governmental unit.
(b) (1) Subject to the limitations in this section, the official custodian may
charge an applicant a reasonable fee for:
(i) the search for, preparation of, and reproduction of a public record
prepared, on request of the applicant, in a customized format; and
(ii) the actual costs of the search for, preparation of, and
reproduction of a public record in standard format, including media and mechanical
processing costs.
Ch. 536 2022 LAWS OF MARYLAND
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(2) The staff and attorney review costs included in the calculation of actual
costs incurred under this section shall be prorated for each individual’s salary and actual
time attributable to the search for and preparation of a public record under this section.
(c) (1) The official custodian may not charge a fee for:
(I) the first 2 hours that are needed to search for a public record and
prepare it for inspection; OR
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE
SEARCH AND PREPARATI ON EXCEEDS 2 HOURS, THE SEARCH AND PREPA RATION OF
THE FIRST 500 PAGES OF THE RECORD FOR INSPECTION .
(2) PARAGRAPH (1)(II) OF THIS SUBSECTION A PPLIES ONLY TO
RECORDS, OTHER THAN A RECORD OF A T ECHNICAL INFRACTION , RELATING TO AN
ADMINISTRATIVE OR CR IMINAL INVESTIGATION OF MISCONDUCT BY A P OLICE
OFFICER, INCLUDING AN INTERNA L AFFAIRS INVESTIGAT ORY RECORD, A HEARING
RECORD, AND RECORDS RELATING TO A DISCIPLINARY DE CISION.
(d) (1) If another law sets a fee for a copy, an electronic copy, a printout, or a
photograph of a public record, that law applies.
(2) The official custodian may charge for the cost of providing facilities for
the reproduction of the public record if the custodian did not have the facilities.
(e) The official custodian may waive a fee under this section if:
(1) the applicant asks for a waiver; and
(2) (i) the applicant is indigent and files an affidavit of indigency; or
(ii) after consideration of the ability of the applicant to pay the fee
and other relevant factors, the official custodian determines that the waiver would be in
the public interest.
(f) If the custodian of a public record for a local school system charges an
applicant a fee under subsection (b) of this section, the custodian shall provide written
notice to the applicant that the applicant may file a complaint with the Board to contest
the fee
(a) There is a Task Force to Study Public Information Act Requests Made to Law
Enforcement.
(b) The Task Force consists of the following members:
LAWRENCE J. HOGAN, JR., Governor Ch. 536
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(1) two members of the Senate of Maryland, appointed by the President of
the Senate;
(2) two members of the House of Delegates, appointed by the Speaker of
the House;
(3) the Secretary of State Police, or the Secretary’s designee;
(4) the Public Defender, or the Public Defender’s designee; and
(5) the following members, appointed by the President of the Senate and
the Speaker of the House:
(i) one representative of the Maryland Municipal League;
(ii) one representative of the Maryland Association of Counties;
(iii) one representative of the Maryland Chiefs of Police Association;
(iv) one representative of the Maryland Sheriffs Association;
(v) one representative of the Maryland, Delaware, and District of
Columbia Press Association, Inc.;
(vi) one representative of the Maryland State’s Attorneys ’
Association; and
(vii) one representative of the Baltimore Legal Action Team.
(c) The President of the Senate and the Speaker of the House shall designate the
chair of the Task Force.
(d) The Office of the Attorney General shall provide staff for the Task Force.
(e) A member of the Task Force:
(1) may not receive compensation as a member of the Task Force; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(f) The Task Force shall review and study:
(1) costs charged by law enforcement agencies in relation to disclosure of
records requested under the Maryland Public Information Act;
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(2) procedures applied by law enforcement agencies in the disclosure of
records requested under the Maryland Public Information Act; and
(3) the status and operations of the Maryland Public Information Act
Compliance Board.
(g) (1) On or before December 31, 2022, the Task Force shall submit an interim
report on its findings, in accordance with § 2–1257 of the State Government Article, to the
General Assembly.
(2) On or before December 31, 2023, the Task Force shall submit a final
report on its findings, in accordance with § 2–1257 of the State Government Article, to the
General Assembly.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022 June 1, 2022. It shall remain effective for a period of 1 year and 9 months
and, at the end of February 29, 2024, this Act, with no further action required by the
General Assembly, shall be abrogated and of no further force and effect.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.