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.
*hb0878*
HOUSE BILL 878
P1 4lr2561
CF SB 899
By: Delegate Bartlett Delegates Bartlett, Bhandari, S. Johnson, R. Lewis, and
Pena–Melnyk
Introduced and read first time: February 2, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 5, 2024
CHAPTER ______
AN ACT concerning 1
Constitutional Officers Public Officials – Public Disclosure of Personal 2
Information 3
FOR the purpose of requiring a custodian to deny inspection of the part of a public record 4
that contains certain personal information except under certain circumstances; 5
authorizing a certain constitutional officer public official or certain immediate family 6
member of a constitutional officer public official to request that certain disclosed 7
personal information be removed and that a certain person refrain from future 8
disclosures; requiring a person to comply with a certain request within a certain 9
period of time and prohibiting the person from making a disclosure by other means; 10
authorizing a constitutional officer public official or an immediate family member of 11
a constitutional officer public official to bring an action for damages under certain 12
circumstances; and generally relating to constitutional officers public officials and 13
disclosure of personal information. 14
BY adding to 15
Article – State Government 16
New subtitle designation “Subtitle 1. Definitions” to immediately precede Section 17
1–101; and Section 1–201 to be under the new subtitle “Subtitle 2. General 18
Provisions” and the amended title “Title 1. Definitions; General Provisions” 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
BY adding to 22 2 HOUSE BILL 878
Article – General Provisions 1
Section 4–331.1 2
Annotated Code of Maryland 3
(2019 Replacement Volume and 2023 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the new subtitle designation “Subtitle 1. Definitions” be added to immediately precede 6
Section 1–101 of Article – State Government of the Annotated Code of Maryland. 7
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 8
as follows: 9
Article – General Provisions 10
4–331.1. 11
(A) IN THIS SECTION, “CONSTITUTIONAL OFFIC ER” HAS THE MEANING 12
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(2) “CONSTITUTIONAL OFFICE R” HAS THE MEANING STATED IN § 15
1–201 OF THE STATE GOVERNMENT ARTICLE. 16
(3) “PUBLIC OFFICIAL” MEANS: 17
(I) A CONSTITUTIONAL OFF ICER; 18
(II) A MEMBER OF THE SENATE OF MARYLAND; OR 19
(III) A MEMBER OF THE HOUSE OF DELEGATES. 20
(B) A CUSTODIAN SHALL DENY INSPECTION OF THE PA RT OF A PUBLIC 21
RECORD THAT CONTAINS THE HOME ADDRESS OR PERSONAL TE LEPHONE NUMBER 22
OF A CONSTITUTIONAL OFFIC ER UNLESS THE CONSTI TUTIONAL OFFICER PUBLIC 23
OFFICIAL UNLESS THE PUBLIC OFFICIAL CONSENTS TO THE INSP ECTION. 24
Article – State Government 25
Title 1. Definitions; GENERAL PROVISIONS. 26
SUBTITLE 2. GENERAL PROVISIONS. 27
1–201. 28
HOUSE BILL 878 3
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “CONSTITUTIONAL OFFICE R” MEANS THE CURRENT OR A 3
FORMER: 4
(I) GOVERNOR OR LIEUTENANT GOVERNOR; 5
(II) ATTORNEY GENERAL; 6
(III) COMPTROLLER ; OR 7
(IV) STATE TREASURER. 8
(3) “DISCLOSED” MEANS: 9
(I) POSTED PUBLICLY ON T HE INTERNET; OR 10
(II) MADE PUBLICLY AVAILA BLE THROUGH ANY OTHE R MEANS 11
OF PUBLICATION OR PO STING. 12
(4) “IMMEDIATE FAMILY MEMB ER” MEANS A PARENT , SPOUSE, OR 13
CHILD. 14
(5) (I) “PERSONAL INFORMATION ” MEANS A HOME ADDRESS OR 15
PERSONAL TELEPHONE N UMBER. 16
(II) “PERSONAL INFORMATION ” DOES NOT INCLUDE : 17
1. INFORMATION THAT HAS BEEN PUBLICLY DISCLO SED 18
WITH THE CONSENT OF THE PERSON THAT IS T HE SUBJECT OF THE IN FORMATION; 19
OR 20
2. INFORMATION THAT IS RELEV ANT TO AND DISPLAYED 21
AS PART OF A NEWS ST ORY, COMMENTARY , EDITORIAL, OR ANY OTHER SPEECH ON 22
MATTERS OF PUBLIC CO NCERN. 23
(6) “PUBLIC OFFICIAL” MEANS: 24
(I) A CONSTITUTIONAL OFF ICER; 25
(II) A MEMBER OF THE SENATE OF MARYLAND; OR 26
(III) A MEMBER OF THE HOUSE OF DELEGATES. 27
4 HOUSE BILL 878
(B) (1) A CONSTITUTIONAL OFFIC ER PUBLIC OFFICIAL OR AN IMMEDIATE 1
FAMILY MEMBER OF A CONSTITUTIONAL OFFIC ER PUBLIC OFFICIAL WHOSE 2
PERSONAL INFORMATION HAS BEEN DISCLOSED M AY REQUEST IN WRITING THAT 3
THE PERSON WHO DISCL OSED THE PERSONAL IN FORMATION: 4
(I) REMOVE THE PERSONAL INFORMATION FROM THE FORUM 5
ON WHICH IT WAS DISC LOSED; AND 6
(II) REFRAIN FROM ANY FUT URE DISCLOSURE OF PE RSONAL 7
INFORMATION OF THE CONSTITUTIONAL OFFIC ER PUBLIC OFFICIAL OR IMMEDIATE 8
FAMILY MEMBER OF THE CONSTITUTIONAL OFFIC ER PUBLIC OFFICIAL . 9
(2) A REQUEST MADE UNDER P ARAGRAPH (1) OF THIS SUBSECTION 10
SHALL: 11
(I) BE IN WRITING; 12
(II) BE SENT BY CERTIFIED MAIL, E–MAIL, OR DIRECT 13
ELECTRONIC COMMUNICA TION AVAILABLE THROU GH THE MEDIUM ON WHI CH THE 14
PERSONAL INFORMATION WAS POSTED; 15
(III) PROVIDE SUFFICIENT I NFORMATION TO CONFIR M THAT 16
THE REQUESTER IS A P UBLIC OFFICIAL OR IM MEDIATE FAMILY MEMBE R OF A 17
PUBLIC OFFICIAL ; AND 18
(IV) SPECIFICALLY IDENTIF Y THE DOCUMENT , POSTING, OR 19
OTHER PUBLICATION CO NTAINING THE PERSONA L INFORMATION . 20
(2) (3) A REQUEST MADE UNDER P ARAGRAPH (1) OF THIS 21
SUBSECTION MAY BE MA DE ON BEHALF OF A MI NOR BY A PARENT OR G UARDIAN OF 22
THE MINOR. 23
(C) ON RECEIPT OF A WRITTEN REQUEST UNDER SUBSEC TION (B) OF THIS 24
SECTION, THE PERSON WHO MADE THE DISCLOSURE : 25
(1) SHALL REMOVE THE PERSONAL IN FORMATION WITHIN 72 HOURS 26
OF RECEIVING THE WRI TTEN REQUEST ; AND 27
(2) MAY NOT DISCLOSE THE PERSONAL INFORMATION OF THE 28
CONSTITUTIONAL OFFIC ER PUBLIC OFFICIAL OR THE IMMEDIATE FAM ILY MEMBER 29
OF THE CONSTITUTIONAL OFFIC ER PUBLIC OFFICIAL BY ANY OTHER MEANS . 30
(D) A CONSTITUTIONAL OFFIC ER PUBLIC OFFICIAL OR AN IMMEDIATE 31
FAMILY MEMBER OF A CONSTITUTIONAL OFFIC ER PUBLIC OFFICIAL WHO IS 32 HOUSE BILL 878 5
INJURED BY A VIOLATI ON OF THIS SECTION M AY BRING AN ACTION F OR DAMAGES 1
AGAINST THE PERSON W HO COMMITTED THE VIOLATION. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2024. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.