| 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 | - | 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 | 5 | *sb0296* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 296 | |
| 11 | 8 | P3 5lr2145 | |
| 12 | 9 | CF HB 331 | |
| 13 | 10 | By: Senator Augustine | |
| 14 | 11 | Introduced and read first time: January 10, 2025 | |
| 15 | 12 | Assigned to: Education, Energy, and the Environment | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 11, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Public Information Act – Public Access Ombudsman – Delegation of Powers 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of authorizing the Public Access Ombudsman to delegate certain powers 3 | |
| 27 | 21 | and duties to a staff member of the Office of the Public Access Ombudsman; and 4 | |
| 28 | 22 | generally relating to the Public Access Ombudsman. 5 | |
| 29 | 23 | ||
| 30 | 24 | BY repealing and reenacting, without amendments, 6 | |
| 31 | 25 | Article – General Provisions 7 | |
| 32 | 26 | Section 4–1B–01 and 4–1B–02 8 | |
| 33 | 27 | Annotated Code of Maryland 9 | |
| 34 | 28 | (2019 Replacement Volume and 2024 Supplement) 10 | |
| 35 | 29 | ||
| 36 | 30 | BY repealing and reenacting, with amendments, 11 | |
| 37 | 31 | Article – General Provisions 12 | |
| 38 | 32 | Section 4–1B–03 13 | |
| 39 | 33 | Annotated Code of Maryland 14 | |
| 40 | 34 | (2019 Replacement Volume and 2024 Supplement) 15 | |
| 41 | 35 | ||
| 42 | 36 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
| 43 | 37 | That the Laws of Maryland read as follows: 17 | |
| 44 | 38 | ||
| 45 | 39 | Article – General Provisions 18 | |
| 46 | 40 | ||
| 47 | 41 | 4–1B–01. 19 | |
| 42 | + | ||
| 43 | + | In this subtitle, “Ombudsman” means the Public Access Ombudsman. 20 | |
| 44 | + | ||
| 45 | + | 4–1B–02. 21 | |
| 46 | + | ||
| 47 | + | (a) There is an Office of the Public Access Ombudsman. 22 | |
| 48 | 48 | 2 SENATE BILL 296 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | In this subtitle, “Ombudsman” means the Public Access Ombudsman. 1 | |
| 51 | + | (b) Subject to § 4–1A–03(d)(2) of this title, the Office of the Attorney General shall 1 | |
| 52 | + | provide office space and staff for the Ombudsman, with appropriate steps taken to protect 2 | |
| 53 | + | the autonomy and independence of the Ombudsman. 3 | |
| 52 | 54 | ||
| 53 | - | 4–1B– | |
| 55 | + | 4–1B–03. 4 | |
| 54 | 56 | ||
| 55 | - | (a) There is an Office of the Public Access Ombudsman. 3 | |
| 57 | + | (a) Subject to subsections (b) and (c) of this section, the Attorney General shall 5 | |
| 58 | + | appoint the Ombudsman. 6 | |
| 56 | 59 | ||
| 57 | - | (b) Subject to § 4–1A–03(d)(2) of this title, the Office of the Attorney General shall 4 | |
| 58 | - | provide office space and staff for the Ombudsman, with appropriate steps taken to protect 5 | |
| 59 | - | the autonomy and independence of the Ombudsman. 6 | |
| 60 | + | (b) The Ombudsman shall have been admitted to practice law in the State. 7 | |
| 60 | 61 | ||
| 61 | - | 4–1B–03. 7 | |
| 62 | + | (c) (1) The Office of the Attorney General shall publish, on its website, notice 8 | |
| 63 | + | of the Attorney General’s intent to consider applicants for the Ombudsman position. 9 | |
| 62 | 64 | ||
| 63 | - | (a) Subject to subsections (b) and (c) of this section, the Attorney General shall 8 | |
| 64 | - | appoint the Ombudsman. 9 | |
| 65 | + | (2) The notice shall include: 10 | |
| 65 | 66 | ||
| 66 | - | ( | |
| 67 | + | (i) application procedures; 11 | |
| 67 | 68 | ||
| 68 | - | (c) (1) The Office of the Attorney General shall publish, on its website, notice 11 | |
| 69 | - | of the Attorney General’s intent to consider applicants for the Ombudsman position. 12 | |
| 69 | + | (ii) criteria for evaluating an applicant’s qualifications; and 12 | |
| 70 | 70 | ||
| 71 | - | ( | |
| 71 | + | (iii) procedures for resolving any conflicts of interest. 13 | |
| 72 | 72 | ||
| 73 | - | (i) application procedures; 14 | |
| 73 | + | (3) (i) An individual may submit to the Attorney General an application 14 | |
| 74 | + | for the Ombudsman position as provided under paragraph (2) of this subsection. 15 | |
| 74 | 75 | ||
| 75 | - | (ii) criteria for evaluating an applicant’s qualifications; and 15 | |
| 76 | + | (ii) The Office of the Attorney General shall post on its website the 16 | |
| 77 | + | names and qualifications of applicants. 17 | |
| 76 | 78 | ||
| 77 | - | ( | |
| 79 | + | (d) (1) The term of the Ombudsman is 4 years. 18 | |
| 78 | 80 | ||
| 79 | - | ( | |
| 80 | - | ||
| 81 | + | (2) At the end of a term, the Ombudsman continues to serve until a 19 | |
| 82 | + | successor is appointed and qualifies. 20 | |
| 81 | 83 | ||
| 82 | - | ( | |
| 83 | - | ||
| 84 | + | (3) An Ombudsman who is appointed after a term begins serves for the 21 | |
| 85 | + | remainder of the term until a successor is appointed and qualifies. 22 | |
| 84 | 86 | ||
| 85 | - | ( | |
| 87 | + | (e) The Ombudsman shall be a full–time State employee. 23 | |
| 86 | 88 | ||
| 87 | - | ( | |
| 88 | - | ||
| 89 | + | (f) The Ombudsman is entitled to an annual salary as provided for in the State 24 | |
| 90 | + | budget. 25 | |
| 89 | 91 | ||
| 90 | - | (3) An Ombudsman who is appointed after a term begins serves for the 24 | |
| 91 | - | remainder of the term until a successor is appointed and qualifies. 25 | |
| 92 | + | (G) THE OMBUDSMAN MAY DELEGAT E TO A STAFF MEMBER OF THE OFFICE 26 | |
| 93 | + | OF THE PUBLIC ACCESS OMBUDSMAN ANY OF THE POWERS AND DUTIES GR ANTED 27 | |
| 94 | + | TO THE OMBUDSMAN UNDER THIS SUBTITLE. 28 | |
| 92 | 95 | ||
| 93 | - | (e) The Ombudsman shall be a full–time State employee. 26 | |
| 94 | - | ||
| 95 | - | (f) The Ombudsman is entitled to an annual salary as provided for in the State 27 | |
| 96 | - | budget. 28 | |
| 97 | - | SENATE BILL 296 3 | |
| 98 | - | ||
| 99 | - | ||
| 100 | - | (G) THE OMBUDSMAN MAY DELEGAT E TO A STAFF MEMBER OF THE OFFICE 1 | |
| 101 | - | OF THE PUBLIC ACCESS OMBUDSMAN ANY OF THE POWERS AND DUTIES GR ANTED 2 | |
| 102 | - | TO THE OMBUDSMAN UNDER THIS SUBTITLE THAT ARE APPROPRIATE TO THE STAFF 3 | |
| 103 | - | MEMBER’S TRAINING AND EXPERTISE. 4 | |
| 104 | - | ||
| 105 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 | |
| 106 | - | October 1, 2025. 6 | |
| 96 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 | |
| 97 | + | October 1, 2025. 30 SENATE BILL 296 3 | |
| 107 | 98 | ||
| 108 | 99 | ||
| 109 | 100 | ||
| 110 | - | ||
| 111 | - | Approved: | |
| 112 | - | ________________________________________________________________________________ | |
| 113 | - | Governor. | |
| 114 | - | ________________________________________________________________________________ | |
| 115 | - | President of the Senate. | |
| 116 | - | ________________________________________________________________________________ | |
| 117 | - | Speaker of the House of Delegates. |