MD
Maryland Senate Bill SB777

Maryland 2022 Regular Session

Maryland Senate Bill SB777 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 536
21
3-– 1 –
4-Chapter 536
5-(Senate Bill 777)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0777*
89
9-Task Force to Study Public Information Act – Records Relating to Police
10-Misconduct – Fees Requests Made to Law Enforcement – Establishment
10+SENATE BILL 777
11+P3, E4 2lr2912
1112
12-FOR the purpose of prohibiting an official custodian from charging a fee for the search and
13-preparation of a certain number of pages of a certain record relating to an
14-administrative or criminal investigation of misconduct by a police officer; and
15-generally relating to fees for inspection of records relating to police misconduct
16-establishing the Task Force to Study Public Information Act Requests Made to Law
17-Enforcement; and generally relating to the Public Information Act.
13+By: Senator Carter
14+Introduced and read first time: February 7, 2022
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: March 5, 2022
1819
19-BY repealing and reenacting, with amendments,
20- Article – General Provisions
21-Section 4–206
22- Annotated Code of Maryland
23- (2019 Replacement Volume and 2021 Supplement)
20+CHAPTER ______
2421
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
22+AN ACT concerning 1
2723
28-Article – General Provisions
24+Task Force to Study Public Information Act – Records Relating to Police 2
25+Misconduct – Fees Requests Made to Law Enforcement – Establishment 3
2926
30-4–206.
27+FOR the purpose of prohibiting an official custodian from charging a fee for the search and 4
28+preparation of a certain number of pages of a certain record relating to an 5
29+administrative or criminal investigation of misconduct by a police officer; and 6
30+generally relating to fees for inspection of records relating to police misconduct 7
31+establishing the Task Force to Study Public Information Act Requests Made to Law 8
32+Enforcement; and generally relating to the Public Information Act. 9
3133
32- (a) (1) In this section the following words have the meanings indicated.
34+BY repealing and reenacting, with amendments, 10
35+ Article – General Provisions 11
36+Section 4–206 12
37+ Annotated Code of Maryland 13
38+ (2019 Replacement Volume and 2021 Supplement) 14
3339
34- (2) “Indigent” means an individual’s family household income is less than
35-50% of the median family income for the State as reported in the Federal Register.
40+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
41+That the Laws of Maryland read as follows: 16
3642
37- (3) “Reasonable fee” means a fee bearing a reasonable relationship to the
38-recovery of actual costs incurred by a governmental unit.
43+Article – General Provisions 17
3944
40- (b) (1) Subject to the limitations in this section, the official custodian may
41-charge an applicant a reasonable fee for:
45+4–206. 18
4246
43- (i) the search for, preparation of, and reproduction of a public record
44-prepared, on request of the applicant, in a customized format; and
47+ (a) (1) In this section the following words have the meanings indicated. 19
48+ 2 SENATE BILL 777
4549
46- (ii) the actual costs of the search for, preparation of, and
47-reproduction of a public record in standard format, including media and mechanical
48-processing costs.
49- Ch. 536 2022 LAWS OF MARYLAND
5050
51-– 2 –
52- (2) The staff and attorney review costs included in the calculation of actual
53-costs incurred under this section shall be prorated for each individual’s salary and actual
54-time attributable to the search for and preparation of a public record under this section.
51+ (2) “Indigent” means an individual’s family household income is less than 1
52+50% of the median family income for the State as reported in the Federal Register. 2
5553
56- (c) (1) The official custodian may not charge a fee for:
54+ (3) “Reasonable fee” means a fee bearing a reasonable relationship to the 3
55+recovery of actual costs incurred by a governmental unit. 4
5756
58- (I) the first 2 hours that are needed to search for a public record and
59-prepare it for inspection; OR
57+ (b) (1) Subject to the limitations in this section, the official custodian may 5
58+charge an applicant a reasonable fee for: 6
6059
61- (II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE
62-SEARCH AND PREPARATI ON EXCEEDS 2 HOURS, THE SEARCH AND PREPA RATION OF
63-THE FIRST 500 PAGES OF THE RECORD FOR INSPECTION .
60+ (i) the search for, preparation of, and reproduction of a public record 7
61+prepared, on request of the applicant, in a customized format; and 8
6462
65- (2) PARAGRAPH (1)(II) OF THIS SUBSECTION A PPLIES ONLY TO
66-RECORDS, OTHER THAN A RECORD OF A T ECHNICAL INFRACTION , RELATING TO AN
67-ADMINISTRATIVE OR CR IMINAL INVESTIGATION OF MISCONDUCT BY A P OLICE
68-OFFICER, INCLUDING AN INTERNA L AFFAIRS INVESTIGAT ORY RECORD, A HEARING
69-RECORD, AND RECORDS RELATING TO A DISCIPLINARY DE CISION.
63+ (ii) the actual costs of the search for, preparation of, and 9
64+reproduction of a public record in standard format, including media and mechanical 10
65+processing costs. 11
7066
71- (d) (1) If another law sets a fee for a copy, an electronic copy, a printout, or a
72-photograph of a public record, that law applies.
67+ (2) The staff and attorney review costs included in the calculation of actual 12
68+costs incurred under this section shall be prorated for each individual’s salary and actual 13
69+time attributable to the search for and preparation of a public record under this section. 14
7370
74- (2) The official custodian may charge for the cost of providing facilities for
75-the reproduction of the public record if the custodian did not have the facilities.
71+ (c) (1) The official custodian may not charge a fee for: 15
7672
77- (e) The official custodian may waive a fee under this section if:
73+ (I) the first 2 hours that are needed to search for a public record and 16
74+prepare it for inspection; OR 17
7875
79- (1) the applicant asks for a waiver; and
76+ (II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF THE 18
77+SEARCH AND PREPARATI ON EXCEEDS 2 HOURS, THE SEARCH AND PREPA RATION OF 19
78+THE FIRST 500 PAGES OF THE RECORD FOR INSPECTION . 20
8079
81- (2) (i) the applicant is indigent and files an affidavit of indigency; or
80+ (2) PARAGRAPH (1)(II) OF THIS SUBSECTION A PPLIES ONLY TO 21
81+RECORDS, OTHER THAN A RECORD OF A TECHNICA L INFRACTION, RELATING TO AN 22
82+ADMINISTRATIVE OR CR IMINAL INVESTIGATION OF MISCONDUCT BY A P OLICE 23
83+OFFICER, INCLUDING AN INTERNA L AFFAIRS INVESTIGAT ORY RECORD , A HEARING 24
84+RECORD, AND RECORDS RELATING TO A DISCIPLINARY DE CISION. 25
8285
83- (ii) after consideration of the ability of the applicant to pay the fee
84-and other relevant factors, the official custodian determines that the waiver would be in
85-the public interest.
86+ (d) (1) If another law sets a fee for a copy, an electronic copy, a printout, or a 26
87+photograph of a public record, that law applies. 27
8688
87- (f) If the custodian of a public record for a local school system charges an
88-applicant a fee under subsection (b) of this section, the custodian shall provide written
89-notice to the applicant that the applicant may file a complaint with the Board to contest
90-the fee
89+ (2) The official custodian may charge for the cost of providing facilities for 28
90+the reproduction of the public record if the custodian did not have the facilities. 29
9191
92- (a) There is a Task Force to Study Public Information Act Requests Made to Law
93-Enforcement.
92+ (e) The official custodian may waive a fee under this section if: 30
9493
95- (b) The Task Force consists of the following members:
96- LAWRENCE J. HOGAN, JR., Governor Ch. 536
94+ (1) the applicant asks for a waiver; and 31
9795
98-– 3 –
99- (1) two members of the Senate of Maryland, appointed by the President of
100-the Senate;
96+ (2) (i) the applicant is indigent and files an affidavit of indigency; or 32 SENATE BILL 777 3
10197
102- (2) two members of the House of Delegates, appointed by the Speaker of
103-the House;
10498
105- (3) the Secretary of State Police, or the Secretary’s designee;
10699
107- (4) the Public Defender, or the Public Defender’s designee; and
100+ (ii) after consideration of the ability of the applicant to pay the fee 1
101+and other relevant factors, the official custodian determines that the waiver would be in 2
102+the public interest. 3
108103
109- (5) the following members, appointed by the President of the Senate and
110-the Speaker of the House:
104+ (f) If the custodian of a public record for a local school system charges an 4
105+applicant a fee under subsection (b) of this section, the custodian shall provide written 5
106+notice to the applicant that the applicant may file a complaint with the Board to contest 6
107+the fee 7
111108
112- (i) one representative of the Maryland Municipal League;
109+ (a) There is a Task Force to Study Public Information Act Requests Made to Law 8
110+Enforcement. 9
113111
114- (ii) one representative of the Maryland Association of Counties;
112+ (b) The Task Force consists of the following members: 10
115113
116- (iii) one representative of the Maryland Chiefs of Police Association;
114+ (1) two members of the Senate of Maryland, appointed by the President of 11
115+the Senate; 12
117116
118- (iv) one representative of the Maryland Sheriffs Association;
117+ (2) two members of the House of Delegates, appointed by the Speaker of 13
118+the House; 14
119119
120- (v) one representative of the Maryland, Delaware, and District of
121-Columbia Press Association, Inc.;
120+ (3) the Secretary of State Police, or the Secretary’s designee; 15
122121
123- (vi) one representative of the Maryland State’s Attorneys ’
124-Association; and
122+ (4) the Public Defender, or the Public Defender’s designee; and 16
125123
126- (vii) one representative of the Baltimore Legal Action Team.
124+ (5) the following members, appointed by the President of the Senate and 17
125+the Speaker of the House: 18
127126
128- (c) The President of the Senate and the Speaker of the House shall designate the
129-chair of the Task Force.
127+ (i) one representative of the Maryland Municipal League; 19
130128
131- (d) The Office of the Attorney General shall provide staff for the Task Force.
129+ (ii) one representative of the Maryland Association of Counties; 20
132130
133- (e) A member of the Task Force:
131+ (iii) one representative of the Maryland Chiefs of Police Association; 21
134132
135- (1) may not receive compensation as a member of the Task Force; but
133+ (iv) one representative of the Maryland Sheriffs Association; 22
136134
137- (2) is entitled to reimbursement for expenses under the Standard State
138-Travel Regulations, as provided in the State budget.
135+ (v) one representative of the Maryland, Delaware, and District of 23
136+Columbia Press Association, Inc.; 24
139137
140- (f) The Task Force shall review and study:
138+ (vi) one representative of the Maryland State’s Attorneys ’ 25
139+Association; and 26
141140
142- (1) costs charged by law enforcement agencies in relation to disclosure of
143-records requested under the Maryland Public Information Act;
144- Ch. 536 2022 LAWS OF MARYLAND
141+ (vii) one representative of the Baltimore Legal Action Team. 27
145142
146-– 4 –
147- (2) procedures applied by law enforcement agencies in the disclosure of
148-records requested under the Maryland Public Information Act; and
143+ (c) The President of the Senate and the Speaker of the House shall designate the 28
144+chair of the Task Force. 29
145+ 4 SENATE BILL 777
149146
150- (3) the status and operations of the Maryland Public Information Act
151-Compliance Board.
152147
153- (g) (1) On or before December 31, 2022, the Task Force shall submit an interim
154-report on its findings, in accordance with § 2–1257 of the State Government Article, to the
155-General Assembly.
148+ (d) The Office of the Attorney General shall provide staff for the Task Force. 1
156149
157- (2) On or before December 31, 2023, the Task Force shall submit a final
158-report on its findings, in accordance with § 2–1257 of the State Government Article, to the
159-General Assembly.
150+ (e) A member of the Task Force: 2
160151
161- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
162-October 1, 2022 June 1, 2022. It shall remain effective for a period of 1 year and 9 months
163-and, at the end of February 29, 2024, this Act, with no further action required by the
164-General Assembly, shall be abrogated and of no further force and effect.
152+ (1) may not receive compensation as a member of the Task Force; but 3
165153
166-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
154+ (2) is entitled to reimbursement for expenses under the Standard State 4
155+Travel Regulations, as provided in the State budget. 5
156+
157+ (f) The Task Force shall review and study: 6
158+
159+ (1) costs charged by law enforcement agencies in relation to disclosure of 7
160+records requested under the Maryland Public Information Act; 8
161+
162+ (2) procedures applied by law enforcement agencies in the disclosure of 9
163+records requested under the Maryland Public Information Act; and 10
164+
165+ (3) the status and operations of the Maryland Public Information Act 11
166+Compliance Board. 12
167+
168+ (g) (1) On or before December 31, 2022, the Task Force shall submit an interim 13
169+report on its findings, in accordance with § 2–1257 of the State Government Article, to the 14
170+General Assembly. 15
171+
172+ (2) On or before December 31, 2023, the Task Force shall submit a final 16
173+report on its findings, in accordance with § 2–1257 of the State Government Article, to the 17
174+General Assembly. 18
175+
176+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
177+October 1, 2022 June 1, 2022. It shall remain effective for a period of 1 year and 9 months 20
178+and, at the end of February 29, 2024, this Act, with no further action required by the 21
179+General Assembly, shall be abrogated and of no further force and effect. 22
180+
181+
182+
183+
184+Approved:
185+________________________________________________________________________________
186+ Governor.
187+________________________________________________________________________________
188+ President of the Senate.
189+________________________________________________________________________________
190+ Speaker of the House of Delegates.