Maryland 2024 Regular Session

Maryland Senate Bill SB899 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0899
6	6
7	7	SENATE BILL 899
8	8	P1 4lr2614
9	9	CF HB 878
10	10	By: Senator Waldstreicher
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Constitutional Officers – Public Disclosure of Personal Information 2
19	19
20	20	FOR the purpose of requiring a custodian to deny inspection of the part of a public record 3
21	21	that contains certain personal information except under certain circumstances; 4
22	22	authorizing a certain constitutional officer or certain immediate family member of a 5
23	23	constitutional officer to request that certain disclosed personal information be 6
24	24	removed and that a certain person refrain from future disclosures; requiring a person 7
25	25	to comply with a certain request within a certain period of time and prohibiting the 8
26	26	person from making a disclosure by other means; authorizing a constitutional officer 9
27	27	or an immediate family member of a constitutional officer to bring an action for 10
28	28	damages under certain circumstances; and generally relating to constitutional 11
29	29	officers and disclosure of personal information. 12
30	30
31	31	BY adding to 13
32	32	Article – State Government 14
33	33	New subtitle designation “Subtitle 1. Definitions” to immediately precede Section 15
34	34	1–101; and Section 1–201 to be under the new subtitle “Subtitle 2. General 16
35	35	Provisions” and the amended title “Title 1. Definitions; General Provisions” 17
36	36	Annotated Code of Maryland 18
37	37	(2021 Replacement Volume and 2023 Supplement) 19
38	38
39	39	BY adding to 20
40	40	Article – General Provisions 21
41	41	Section 4–331.1 22
42	42	Annotated Code of Maryland 23
43	43	(2019 Replacement Volume and 2023 Supplement) 24
44	44
45	45	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
46	46	That the new subtitle designation “Subtitle 1. Definitions” be added to immediately precede 26
47	47	Section 1–101 of Article – State Government of the Annotated Code of Maryland. 27
48	48	2 SENATE BILL 899
49	49
50	50
51	51	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1
52	52	as follows: 2
53	53
54	54	Article – General Provisions 3
55	55
56	56	4–331.1. 4
57	57
58	58	(A) IN THIS SECTION , “CONSTITUTIONAL OFFIC ER” HAS THE MEANING 5
59	59	STATED IN § 1–201 OF THE STATE GOVERNMENT ARTICLE. 6
60	60
61	61	(B) A CUSTODIAN SHALL DENY INSPECTION OF THE PA RT OF A PUBLIC 7
62	62	RECORD THAT CONTAINS THE HOME ADDRESS OR PERSONAL TELEPHONE N UMBER 8
63	63	OF A CONSTITUTIONAL OFFICER UNLESS THE C ONSTITUTIONAL OFFICE R CONSENTS 9
64	64	TO THE INSPECTION . 10
65	65
66	66	Article – State Government 11
67	67
68	68	Title 1. Definitions; GENERAL PROVISIONS. 12
69	69
70	70	SUBTITLE 2. GENERAL PROVISIONS. 13
71	71
72	72	1–201. 14
73	73
74	74	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 15
75	75	INDICATED. 16
76	76
77	77	(2) “CONSTITUTIONAL OFFICE R” MEANS THE CURRENT OR A 17
78	78	FORMER: 18
79	79
80	80	(I) GOVERNOR OR LIEUTENANT GOVERNOR; 19
81	81
82	82	(II) ATTORNEY GENERAL; 20
83	83
84	84	(III) COMPTROLLER ; OR 21
85	85
86	86	(IV) STATE TREASURER. 22
87	87
88	88	(3) “DISCLOSED” MEANS: 23
89	89
90	90	(I) POSTED PUBLICLY ON T HE INTERNET; OR 24
91	91
92	92	(II) MADE PUBLICLY AVAILA BLE THROUGH ANY OTHE R MEANS 25
93	93	OF PUBLICATION OR PO STING. 26
94	94	SENATE BILL 899 3
95	95
96	96
97	97	(4) “IMMEDIATE FAMILY MEMB ER” MEANS A PARENT , SPOUSE, OR 1
98	98	CHILD. 2
99	99
100	100	(5) “PERSONAL INFORMATION ” MEANS A HOME ADDRESS OR 3
101	101	PERSONAL TELEPHONE N UMBER. 4
102	102
103	103	(B) (1) A CONSTITUTIONAL OFFIC ER OR AN IMMEDIATE F AMILY MEMBER 5
104	104	OF A CONSTITUTIONAL OFFICER WHOSE PERSON AL INFORMATION HAS B EEN 6
105	105	DISCLOSED MAY REQUES T IN WRITING THAT TH E PERSON WHO DISCLOS ED THE 7
106	106	PERSONAL INFORMATION : 8
107	107
108	108	(I) REMOVE THE PERSONAL INF ORMATION FROM THE FO RUM 9
109	109	ON WHICH IT WAS DISC LOSED; AND 10
110	110
111	111	(II) REFRAIN FROM ANY FUT URE DISCLOSURE OF PE RSONAL 11
112	112	INFORMATION OF THE C ONSTITUTIONAL OFFICE R OR IMMEDIATE FAMIL Y MEMBER 12
113	113	OF THE CONSTITUTIONA L OFFICER. 13
114	114
115	115	(2) A REQUEST MADE UND ER PARAGRAPH (1) OF THIS SUBSECTION 14
116	116	MAY BE MADE ON BEHAL F OF A MINOR BY A PA RENT OR GUARDIAN OF THE MINOR. 15
117	117
118	118	(C) ON RECEIPT OF A WRITT EN REQUEST UNDER SUB SECTION (B) OF THIS 16
119	119	SECTION, THE PERSON WHO MADE THE DISCLOSURE : 17
120	120
121	121	(1) SHALL REMOVE THE PER SONAL INFORMATION WITHIN 72 HOURS 18
122	122	OF RECEIVING THE WRI TTEN REQUEST ; AND 19
123	123
124	124	(2) MAY NOT DISCLOSE THE PERSONAL INFORMATION OF THE 20
125	125	CONSTITUTIONAL OFFIC ER OR THE IMMEDIATE FAMILY MEMBER OF THE 21
126	126	CONSTITUTIONAL OFFIC ER BY ANY OTHER MEAN S. 22
127	127
128	128	(D) A CONSTITUTIONAL OFFIC ER OR AN IMMEDIATE FAMILY MEMBER OF A 23
129	129	CONSTITUTIONAL OFFIC ER WHO IS INJURED BY A VIOLATION OF THIS SECTION MAY 24
130	130	BRING AN ACTION FOR DAMAGES AGAINST THE PERSON WHO COMMITTED THE 25
131	131	VIOLATION. 26
132	132
133	133	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
134	134	October 1, 2024. 28
135	135