Maryland 2025 Regular Session

Maryland House Bill HB1064 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *hb1064*
96
107 HOUSE BILL 1064
118 L5, L2 5lr0974
129
1310 By: Montgomery County Delegation and Prince George’s County Delegation
1411 Introduced and read first time: February 5, 2025
1512 Assigned to: Environment and Transportation
16-Committee Report: Favorable with amendments
17-House action: Adopted
18-Read second time: March 2, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Montgomery County Planning Board and Washington Suburban Sanitary 2
2519 Commission – Open Meetings – Live Streaming Requirement 3
2620
2721 MC/PG 101–25 4
2822
29-FOR the purpose of altering establishing that certain project site visits and educational 5
30-field tours do not constitute open meetings subject to the requirement that the 6
31-Montgomery County Planning Board and the Washington Suburban Sanitary 7
32-Commission, respectively, stream live video or audio of their open meetings to apply 8
33-only to meetings held at certain locations; and generally relating to open meetings of 9
34-the Montgomery County Planning Board and the Washington Suburban Sanitary 10
35-Commission. 11
23+FOR the purpose of altering the requirement that the Montgomery County Planning Board 5
24+and the Washington Suburban Sanitary Commission, respectively, stream live video 6
25+or audio of their open meetings to apply only to meetings held at certain locations; 7
26+and generally relating to open meetings of the Montgomery County Planning Board 8
27+and the Washington Suburban Sanitary Commission. 9
3628
37-BY repealing and reenacting, with amendments, 12
38- Article – Land Use 13
39- Section 20–202(e) 14
40- Annotated Code of Maryland 15
41- (2012 Volume and 2024 Supplement) 16
29+BY repealing and reenacting, with amendments, 10
30+ Article – Land Use 11
31+ Section 20–202(e) 12
32+ Annotated Code of Maryland 13
33+ (2012 Volume and 2024 Supplement) 14
4234
43-BY repealing and reenacting, with amendments, 17
44- Article – Public Utilities 18
45- Section 17–106(e) 19
46- Annotated Code of Maryland 20
47- (2020 Replacement Volume and 2024 Supplement) 21
35+BY repealing and reenacting, with amendments, 15
36+ Article – Public Utilities 16
37+ Section 17–106(e) 17
38+ Annotated Code of Maryland 18
39+ (2020 Replacement Volume and 2024 Supplement) 19
40+
41+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
42+That the Laws of Maryland read as follows: 21
43+
44+Article – Land Use 22
45+
46+20–202. 23
4847 2 HOUSE BILL 1064
4948
5049
51- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52-That the Laws of Maryland read as follows: 2
50+ (e) (1) This subsection applies only to the Montgomery County Planning 1
51+Board. 2
5352
54-Article – Land Use 3
53+ (2) The Board shall: 3
5554
56-20–202. 4
55+ (i) stream live video or live teleconference audio or other audio of 4
56+the open meetings of the Board ONLY IF THE MEETING IS HELD AT: 5
5757
58- (e) (1) This subsection applies only to the Montgomery County Planning 5
59-Board. 6
58+ 1. THE HEADQUARTERS OF THE BOARD; OR 6
6059
61- (2) The Board shall: 7
60+ 2. A LOCATION WHERE THE BOARD HELD AT LEAST 10 7
61+MEETINGS DURING THE IMMEDIATELY PRECEDIN G CALENDAR YEAR ; 8
6262
63- (i) EXCEPT AS PROVIDED I N PARAGRAPH (5) OF THIS 8
64-SUBSECTION, stream live video or live teleconference audio or other audio of the open 9
65-meetings of the Board ONLY IF THE MEETING IS HELD AT: 10
63+ (ii) maintain on its website a complete and unedited archived 9
64+recording of each open meeting that is livestreamed in accordance with this subsection; and 10
6665
67- 1. THE HEADQUARTERS OF THE BOARD; OR 11
66+ (iii) notwithstanding § 3–306(b)(2)(i) of the General Provisions 11
67+Article: 12
6868
69- 2. A LOCATION WHERE THE BOARD HELD AT LEAST 10 12
70-MEETINGS DURING THE IMMEDIATELY PRECEDIN G CALENDAR YEAR ; 13
69+ 1. prepare minutes of each meeting as soon as practicable 13
70+after the meeting; and 14
7171
72- (ii) maintain on its website a complete and unedited archived 14
73-recording of each open meeting that is livestreamed in accordance with this subsection; and 15
72+ 2. publish and maintain on its website the minutes of each 15
73+open meeting prepared in accordance with this subsection. 16
7474
75- (iii) notwithstanding § 3–306(b)(2)(i) of the General Provisions 16
76-Article: 17
75+ (3) The inability of the Board to comply with paragraph (2)(i) and (ii) of this 17
76+subsection due to technical failure that entirely prevents or otherwise affects the quality of 18
77+the live video or audio streaming of a meeting of the Board does not affect the validity of 19
78+any action taken by the Board during the meeting if: 20
7779
78- 1. prepare minutes of each meeting as soon as practicable 18
79-after the meeting; and 19
80+ (i) the Board otherwise complies with this subsection and the Open 21
81+Meetings Act; and 22
8082
81- 2. publish and maintain on its website the minutes of each 20
82-open meeting prepared in accordance with this subsection. 21
83+ (ii) the inability to comply is not due to willful action by the Board. 23
8384
84- (3) The inability of the Board to comply with paragraph (2)(i) and (ii) of this 22
85-subsection due to technical failure that entirely prevents or otherwise affects the quality of 23
86-the live video or audio streaming of a meeting of the Board does not affect the validity of 24
87-any action taken by the Board during the meeting if: 25
85+ (4) In addition to complying with the minutes requirements of the Open 24
86+Meetings Act under § 3–306 of the General Provisions Article, if the Board is unable to 25
87+comply with paragraph (2)(i) of this subsection, the Board shall make good–faith efforts to 26
88+record an open meeting by video or audio and maintain on its website a complete and 27
89+unedited archived recording of the meeting. 28
8890
89- (i) the Board otherwise complies with this subsection and the Open 26
90-Meetings Act; and 27
91+Article – Public Utilities 29
9192
92- (ii) the inability to comply is not due to willful action by the Board. 28
93+17–106. 30
9394
94- (4) In addition to complying with the minutes requirements of the Open 29
95-Meetings Act under § 3–306 of the General Provisions Article, if the Board is unable to 30
96-comply with paragraph (2)(i) of this subsection, the Board shall make good–faith efforts to 31 HOUSE BILL 1064 3
97-
98-
99-record an open meeting by video or audio and maintain on its website a complete and 1
100-unedited archived recording of the meeting. 2
101-
102- (5) A PROJECT SITE VISIT O R AN EDUCATIONAL FIE LD TOUR DOES 3
103-NOT CONSTITUTE AN OP EN MEETING UNDER PAR AGRAPH (2)(I) OF THIS 4
104-SUBSECTION IF NO ORG ANIZATIONAL BUSINESS IS CONDUCTED . 5
105-
106-Article – Public Utilities 6
107-
108-17–106. 7
109-
110- (e) (1) The Commission shall: 8
111-
112- (i) EXCEPT A S PROVIDED IN PARAGR APH (4) OF THIS 9
113-SUBSECTION, stream live video or live teleconference audio or other audio of the open 10
114-meetings of the Commission ONLY IF THE MEETING IS HELD AT: 11
115-
116- 1. THE HEADQUARTERS OF THE COMMISSION; OR 12
117-
118- 2. A LOCATION WHERE THE COMMISSION HELD AT 13
119-LEAST 10 MEETINGS DURING THE IMMEDIATELY PRECEDIN G CALENDAR YEAR ; and 14
120-
121- (ii) maintain on its website a complete and unedited archived 15
122-recording of each open meeting that is livestreamed in accordance with this subsection. 16
123-
124- (2) The inability of the Commission to comply with paragraph (1) of this 17
125-subsection due to technical failure that entirely prevents or otherwise affects the quality of 18
126-the live video or audio streaming of a meeting of the Commission does not affect the validity 19
127-of any action taken by the Commission during the meeting if: 20
128-
129- (i) the Commission otherwise complies with this section and the 21
130-Open Meetings Act; and 22
131-
132- (ii) the inability to comply is not due to willful action by the 23
133-Commission. 24
134-
135- (3) In addition to complying with the minutes requirements of the Open 25
136-Meetings Act under § 3–306 of the General Provisions Article, if the Commission is unable 26
137-to comply with the requirements of paragraph (1)(i) of this subsection, the Commission 27
138-shall make good faith efforts to record an open session by video or audio and maintain on 28
139-its website a complete and unedited archived recording of the meeting. 29
140-
141- (4) A PROJECT SITE VISIT O R AN EDUCATIONAL FIE LD TOUR DOES 30
142-NOT CONSTITUTE AN OP EN MEETING UNDER PAR AGRAPH (1)(I) OF THIS 31
143-SUBSECTION IF NO ORG ANIZATIONAL BUSINESS IS CONDUCTED . 32
144- 4 HOUSE BILL 1064
145-
146-
147- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
148-1, 2025. 2
95+ (e) (1) The Commission shall: 31 HOUSE BILL 1064 3
14996
15097
15198
99+ (i) stream live video or live teleconference audio or other audio of 1
100+the open meetings of the Commission ONLY IF THE MEETING IS HELD AT: 2
152101
153-Approved:
154-________________________________________________________________________________
155- Governor.
156-________________________________________________________________________________
157- Speaker of the House of Delegates.
158-________________________________________________________________________________
159- President of the Senate.
102+ 1. THE HEADQUARTERS OF THE COMMISSION; OR 3
103+
104+ 2. A LOCATION WHERE THE COMMISSION HELD AT 4
105+LEAST 10 MEETINGS DURING THE IMMEDIATELY PRECEDIN G CALENDAR YEAR ; and 5
106+
107+ (ii) maintain on its website a complete and unedited archived 6
108+recording of each open meeting that is livestreamed in accordance with this subsection. 7
109+
110+ (2) The inability of the Commission to comply with paragraph (1) of this 8
111+subsection due to technical failure that entirely prevents or otherwise affects the quality of 9
112+the live video or audio streaming of a meeting of the Commission does not affect the validity 10
113+of any action taken by the Commission during the meeting if: 11
114+
115+ (i) the Commission otherwise complies with this section and the 12
116+Open Meetings Act; and 13
117+
118+ (ii) the inability to comply is not due to willful action by the 14
119+Commission. 15
120+
121+ (3) In addition to complying with the minutes requirements of the Open 16
122+Meetings Act under § 3–306 of the General Provisions Article, if the Commission is unable 17
123+to comply with the requirements of paragraph (1)(i) of this subsection, the Commission 18
124+shall make good faith efforts to record an open session by video or audio and maintain on 19
125+its website a complete and unedited archived recording of the meeting. 20
126+
127+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
128+1, 2025. 22