Maryland 2025 Regular Session

Maryland Senate Bill SB554 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	sb0554
6	6
7	7	SENATE BILL 554
8	8	P3 5lr2655
9	9	CF 5lr2613
10	10	By: Chair, Education, Energy, and the Environment Committee (By Request –
11	11	Office of the Attorney General)
12	12	Introduced and read first time: January 23, 2025
13	13	Assigned to: Education, Energy, and the Environment and Judicial Proceedings
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Public Information Act – Frivolous, Vexatious, or Abusive Requests – Remedies 2
20	20
21	21	FOR the purpose of authorizing the custodian of a record to file a certain complaint relating 3
22	22	to a Public Information Act request or pattern of requests with the State Public 4
23	23	Information Act Compliance Board or circuit court; authorizing the Compliance 5
24	24	Board to issue a certain order or dismiss a complaint under certain circumstances; 6
25	25	authorizing a complainant to appeal a certain decision of the Compliance Board; 7
26	26	authorizing the circuit court to issue a certain order under certain circumstances; 8
27	27	and generally relating to the Public Information Act. 9
28	28
29	29	BY repealing and reenacting, without amendments, 10
30	30	Article – General Provisions 11
31	31	Section 4–1A–01 and 4–1A–05(a) 12
32	32	Annotated Code of Maryland 13
33	33	(2019 Replacement Volume and 2024 Supplement) 14
34	34
35	35	BY repealing and reenacting, with amendments, 15
36	36	Article – General Provisions 16
37	37	Section 4–1A–04(b), 4–1A–10, and 4–362(a), (b), (c), and (g) 17
38	38	Annotated Code of Maryland 18
39	39	(2019 Replacement Volume and 2024 Supplement) 19
40	40
41	41	BY adding to 20
42	42	Article – General Provisions 21
43	43	Section 4–1A–05(c) 22
44	44	Annotated Code of Maryland 23
45	45	(2019 Replacement Volume and 2024 Supplement) 24
46	46
47	47	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
48	48	That the Laws of Maryland read as follows: 26 2 SENATE BILL 554
49	49
50	50
51	51
52	52	Article – General Provisions 1
53	53
54	54	4–1A–01. 2
55	55
56	56	There is a State Public Information Act Compliance Board. 3
57	57
58	58	4–1A–04. 4
59	59
60	60	(b) The Board shall: 5
61	61
62	62	(1) receive, review, and, subject to § 4–1A–07 of this subtitle, resolve 6
63	63	complaints filed under § 4–1A–05 of this subtitle from any custodian alleging that an 7
64	64	applicant’s request or pattern of requests is frivolous, vexatious, ABUSIVE, or in bad faith; 8
65	65
66	66	(2) issue a written decision as to whether the applicant’s request or pattern 9
67	67	of requests is frivolous, vexatious, ABUSIVE, or in bad faith; and 10
68	68
69	69	(3) if the Board finds that the applicant’s request is frivolous, vexatious, 11
70	70	ABUSIVE, or in bad faith, based on the totality of the circumstances including the number 12
71	71	and scope of the applicant’s past requests and the custodian’s responses to past requests 13
72	72	and efforts to cooperate with the applicant, issue an order authorizing the custodian to: 14
73	73
74	74	(i) ignore the request OR PATTERN OF REQUES TS that is the 15
75	75	subject of the custodian’s complaint, INCLUDING, IN THE BOARD’S DISCRETION , 16
76	76	FUTURE REQUESTS ON T HE SAME OR SIMILAR T OPICS; [or] 17
77	77
78	78	(ii) respond to a less burdensome version of the request within a 18
79	79	reasonable time frame, as determined by the Board; OR 19
80	80
81	81	(III) PROVIDE ANY OTHER NO NMONETARY RELIEF THA T, IN THE 20
82	82	BOARD’S DISCRETION, IS APPROPRIATE UNDER THE CIRCUMSTANCES , INCLUDING 21
83	83	AN ORDER THAT THE CU STODIAN NEED NOT RES POND TO FUTURE REQUE STS FROM 22
84	84	THE APPLICANT OR AN OTHER PERSON MAKING A REQUEST ON BEHALF OF THE 23
85	85	APPLICANT FOR A SPEC IFIED PERIOD OF TIME . 24
86	86
87	87	4–1A–05. 25
88	88
89	89	(a) Any applicant, the applicant’s designated representative, or a custodian may 26
90	90	file a written complaint with the Board seeking a written decision and order from the Board 27
91	91	under § 4–1A–04 of this subtitle if: 28
92	92
93	93	(1) the complainant has attempted to resolve the dispute through the 29
94	94	Office of the Public Access Ombudsman under § 4–1B–04 of this title; and 30
95	95	SENATE BILL 554 3
96	96
97	97
98	98	(2) the Public Access Ombudsman has issued a final determination stating 1
99	99	that the dispute was not resolved. 2
100	100
101	101	(C) THE BOARD MAY DISMISS A C OMPLAINT BEFORE REQU ESTING OR 3
102	102	RECEIVING A RESPONSE TO THE COMPLAINT IF IT DETERMINES THAT T HE 4
103	103	COMPLAINT IS FRIVOLO US, VEXATIOUS, ABUSIVE, OR IN BAD FAITH. 5
104	104
105	105	4–1A–10. 6
106	106
107	107	(a) [A person or governmental unit] AN APPLICANT OR CUSTO DIAN need not 7
108	108	exhaust the administrative remedy under this subtitle before filing suit. 8
109	109
110	110	(b) (1) Except as otherwise provided in this subtitle, an applicant, a 9
111	111	complainant, or a custodian may appeal the decision issued by the Board under this subtitle 10
112	112	in accordance with § 4–362 of this title. 11
113	113
114	114	(2) An appeal under this subsection automatically stays the decision of the 12
115	115	Board pending the circuit court’s decision. 13
116	116
117	117	(3) A COMPLAINANT MAY APPE AL THE BOARD’S DISMISSAL OF A 14
118	118	COMPLAINT UNDER § 4–1A–05(C) OF THIS SUBTITLE. 15
119	119
120	120	4–362. 16
121	121
122	122	(a) (1) Subject to paragraph [(3)] (4) of this subsection, whenever a person or 17
123	123	governmental unit is denied inspection of a public record or is not provided with a copy, 18
124	124	printout, or photograph of a public record as requested, the person or governmental unit 19
125	125	may file a complaint with the circuit court. 20
126	126
127	127	(2) SUBJECT TO PARAGRAPH (5) OF THIS SUBSECTION , A CUSTODIAN 21
128	128	MAY FILE A COMPLAINT IN CIRCUIT COURT ALL EGING THAT AN APPLIC ANT’S 22
129	129	REQUEST OR PATTERN OF REQUESTS IS FRIVOLOU S, VEXATIOUS, ABUSIVE, OR IN 23
130	130	BAD FAITH. 24
131	131
132	132	[(2)] (3) Except as otherwise provided in Subtitle 1A of this title and 25
133	133	subject to paragraph [(3)] (4) of this subsection, an applicant, a complainant, or a custodian 26
134	134	may appeal to the circuit court a decision issued by the State Public Information Act 27
135	135	Compliance Board as provided under § 4–1A–10 of this title. 28
136	136
137	137	[(3)] (4) [A] EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 29
138	138	SUBSECTION, A complaint or an appeal under this subsection shall be filed with the circuit 30
139	139	court for the county where: 31
140	140
141	141	[(i) for appeals of decisions by the Board issued in accordance with 32
142	142	the Board’s authority under § 4–1A–04(b) of this title, the applicant resides or has a 33
143	143	principal place of business;] 34 4 SENATE BILL 554
144	144
145	145
146	146
147	147	[(ii)] (I) the complainant resides or has a principal place of 1
148	148	business; or 2
149	149
150	150	[(iii)] (II) the public record is located. 3
151	151
152	152	(5) A COMPLAINT FILED UNDE R PARAGRAPH (2) OF THIS 4
153	153	SUBSECTION AND APPEA LS OF DECISIONS BY T HE BOARD ISSUED IN ACCOR DANCE 5
154	154	WITH THE BOARD’S AUTHORITY UNDER § 4–1A–04(B) OF THIS TITLE MAY BE FILED 6
155	155	WITH THE CIRCUIT COU RT FOR THE COUNTY WH ERE: 7
156	156
157	157	(I) THE PUBLIC RECORD IS LOCATED; OR 8
158	158
159	159	(II) THE APPLICANT RESIDE S OR HAS A PRINCIPAL PLACE OF 9
160	160	BUSINESS. 10
161	161
162	162	(b) (1) Unless, for good cause shown, the court otherwise directs, and 11
163	163	notwithstanding any other provision of law, the defendant shall serve an answer or 12
164	164	otherwise plead to the complaint within 30 days after service of the complaint. 13
165	165
166	166	(2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 14
167	167	SUBSECTION, THE defendant: 15
168	168
169	169	(i) has the burden of sustaining a decision to: 16
170	170
171	171	1. deny inspection of a public record; or 17
172	172
173	173	2. deny the person or governmental unit a copy, printout, or 18
174	174	photograph of a public record; and 19
175	175
176	176	(ii) in support of the decision, may submit a memorandum to the 20
177	177	court. 21
178	178
179	179	(3) FOR A COMPLAINT FILED IN ACCORDANCE WITH S UBSECTION 22
180	180	(A)(2) OF THIS SECTION , THE CUSTODIAN HAS TH E BURDEN OF DEMONSTR ATING 23
181	181	THAT THE REQUEST OR PATTERN OF REQUESTS IS FRIVOLOUS , VEXATIOUS, 24
182	182	ABUSIVE, OR IN BAD FAITH. 25
183	183
184	184	(c) (1) Except for cases that the court considers of greater importance, a 26
185	185	proceeding under this section, including an appeal, shall: 27
186	186
187	187	(i) take precedence on the docket; 28
188	188
189	189	(ii) be heard at the earliest practicable date; and 29
190	190
191	191	(iii) be expedited in every way. 30 SENATE BILL 554 5
192	192
193	193
194	194
195	195	(2) The court may examine the public record in camera to determine 1
196	196	whether any part of the public record may be withheld under this title. 2
197	197
198	198	(3) The court may: 3
199	199
200	200	(i) enjoin the State, a political subdivision, or a unit, an official, or 4
201	201	an employee of the State or of a political subdivision from: 5
202	202
203	203	1. withholding the public record; or 6
204	204
205	205	2. withholding a copy, printout, or photograph of the public 7
206	206	record; 8
207	207
208	208	(ii) issue an order for the production of the public record or a copy, 9
209	209	printout, or photograph of the public record that was withheld from the complainant; and 10
210	210
211	211	(iii) for noncompliance with the order, punish the responsible 11
212	212	employee for contempt. 12
213	213
214	214	(4) FOR A COMPLAINT FILED UNDER SUBSECTION (A)(2) OF THIS 13
215	215	SECTION, THE COURT MAY ISSUE AN ORDER AUTHORIZING THE CUSTODIAN TO : 14
216	216
217	217	(I) IGNORE THE REQUEST O R PATTERN OF REQUEST S THAT IS 15
218	218	THE SUBJECT OF THE C USTODIAN’S COMPLAINT, INCLUDING FUTURE REQ UESTS ON 16
219	219	THE SAME OR SIMILAR TOPICS; 17
220	220
221	221	(II) RESPOND TO A LESS BU RDENSOME VERSION OF THE 18
222	222	REQUEST WITHIN A REA SONABLE TIME FRAME ; OR 19
223	223
224	224	(III) PROVIDE ANY OTHER RE LIEF THAT, IN THE COURT ’S 20
225	225	DISCRETION, IS APPROPRIATE UNDER THE CIRCUMSTANCES , INCLUDING AN ORDER 21
226	226	THAT THE CUSTODIAN N EED NOT RESPOND TO F UTURE REQUESTS FROM THE 22
227	227	APPLICANT OR ANOTHER PERSO N MAKING A REQUEST O N BEHALF OF THE 23
228	228	APPLICANT FOR A SPEC IFIED PERIOD OF TIME . 24
229	229
230	230	(g) Notwithstanding § 12–302(a) of the Courts Article, a party who is aggrieved 25
231	231	by a final judgment of a circuit court in a judicial review proceeding under subsection 26
232	232	[(a)(2)] (A)(3) of this section may appeal to the Appellate Court of Maryland in the manner 27
233	233	that law provides for appeal of civil cases. 28
234	234
235	235	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
236	236	October 1, 2025. 30