EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0899*
SENATE BILL 899
P1 4lr2614
CF HB 878
By: Senator Waldstreicher
Introduced and read first time: February 2, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Constitutional Officers – Public Disclosure of Personal Information 2
FOR the purpose of requiring a custodian to deny inspection of the part of a public record 3
that contains certain personal information except under certain circumstances; 4
authorizing a certain constitutional officer or certain immediate family member of a 5
constitutional officer to request that certain disclosed personal information be 6
removed and that a certain person refrain from future disclosures; requiring a person 7
to comply with a certain request within a certain period of time and prohibiting the 8
person from making a disclosure by other means; authorizing a constitutional officer 9
or an immediate family member of a constitutional officer to bring an action for 10
damages under certain circumstances; and generally relating to constitutional 11
officers and disclosure of personal information. 12
BY adding to 13
Article – State Government 14
New subtitle designation “Subtitle 1. Definitions” to immediately precede Section 15
1–101; and Section 1–201 to be under the new subtitle “Subtitle 2. General 16
Provisions” and the amended title “Title 1. Definitions; General Provisions” 17
Annotated Code of Maryland 18
(2021 Replacement Volume and 2023 Supplement) 19
BY adding to 20
Article – General Provisions 21
Section 4–331.1 22
Annotated Code of Maryland 23
(2019 Replacement Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the new subtitle designation “Subtitle 1. Definitions” be added to immediately precede 26
Section 1–101 of Article – State Government of the Annotated Code of Maryland. 27
2 SENATE BILL 899
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
as follows: 2
Article – General Provisions 3
4–331.1. 4
(A) IN THIS SECTION , “CONSTITUTIONAL OFFIC ER” HAS THE MEANING 5
STATED IN § 1–201 OF THE STATE GOVERNMENT ARTICLE. 6
(B) A CUSTODIAN SHALL DENY INSPECTION OF THE PA RT OF A PUBLIC 7
RECORD THAT CONTAINS THE HOME ADDRESS OR PERSONAL TELEPHONE N UMBER 8
OF A CONSTITUTIONAL OFFICER UNLESS THE C ONSTITUTIONAL OFFICE R CONSENTS 9
TO THE INSPECTION . 10
Article – State Government 11
Title 1. Definitions; GENERAL PROVISIONS. 12
SUBTITLE 2. GENERAL PROVISIONS. 13
1–201. 14
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16
(2) “CONSTITUTIONAL OFFICE R” MEANS THE CURRENT OR A 17
FORMER: 18
(I) GOVERNOR OR LIEUTENANT GOVERNOR; 19
(II) ATTORNEY GENERAL; 20
(III) COMPTROLLER ; OR 21
(IV) STATE TREASURER. 22
(3) “DISCLOSED” MEANS: 23
(I) POSTED PUBLICLY ON T HE INTERNET; OR 24
(II) MADE PUBLICLY AVAILA BLE THROUGH ANY OTHE R MEANS 25
OF PUBLICATION OR PO STING. 26
SENATE BILL 899 3
(4) “IMMEDIATE FAMILY MEMB ER” MEANS A PARENT , SPOUSE, OR 1
CHILD. 2
(5) “PERSONAL INFORMATION ” MEANS A HOME ADDRESS OR 3
PERSONAL TELEPHONE N UMBER. 4
(B) (1) A CONSTITUTIONAL OFFIC ER OR AN IMMEDIATE F AMILY MEMBER 5
OF A CONSTITUTIONAL OFFICER WHOSE PERSON AL INFORMATION HAS B EEN 6
DISCLOSED MAY REQUES T IN WRITING THAT TH E PERSON WHO DISCLOS ED THE 7
PERSONAL INFORMATION : 8
(I) REMOVE THE PERSONAL INF ORMATION FROM THE FO RUM 9
ON WHICH IT WAS DISC LOSED; AND 10
(II) REFRAIN FROM ANY FUT URE DISCLOSURE OF PE RSONAL 11
INFORMATION OF THE C ONSTITUTIONAL OFFICE R OR IMMEDIATE FAMIL Y MEMBER 12
OF THE CONSTITUTIONA L OFFICER. 13
(2) A REQUEST MADE UND ER PARAGRAPH (1) OF THIS SUBSECTION 14
MAY BE MADE ON BEHAL F OF A MINOR BY A PA RENT OR GUARDIAN OF THE MINOR. 15
(C) ON RECEIPT OF A WRITT EN REQUEST UNDER SUB SECTION (B) OF THIS 16
SECTION, THE PERSON WHO MADE THE DISCLOSURE : 17
(1) SHALL REMOVE THE PER SONAL INFORMATION WITHIN 72 HOURS 18
OF RECEIVING THE WRI TTEN REQUEST ; AND 19
(2) MAY NOT DISCLOSE THE PERSONAL INFORMATION OF THE 20
CONSTITUTIONAL OFFIC ER OR THE IMMEDIATE FAMILY MEMBER OF THE 21
CONSTITUTIONAL OFFIC ER BY ANY OTHER MEAN S. 22
(D) A CONSTITUTIONAL OFFIC ER OR AN IMMEDIATE FAMILY MEMBER OF A 23
CONSTITUTIONAL OFFIC ER WHO IS INJURED BY A VIOLATION OF THIS SECTION MAY 24
BRING AN ACTION FOR DAMAGES AGAINST THE PERSON WHO COMMITTED THE 25
VIOLATION. 26
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2024. 28