EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0554*
SENATE BILL 554
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By: Chair, Education, Energy, and the Environment Committee (By Request –
Office of the Attorney General)
Introduced and read first time: January 23, 2025
Assigned to: Education, Energy, and the Environment and Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Public Information Act – Frivolous, Vexatious, or Abusive Requests – Remedies 2
FOR the purpose of authorizing the custodian of a record to file a certain complaint relating 3
to a Public Information Act request or pattern of requests with the State Public 4
Information Act Compliance Board or circuit court; authorizing the Compliance 5
Board to issue a certain order or dismiss a complaint under certain circumstances; 6
authorizing a complainant to appeal a certain decision of the Compliance Board; 7
authorizing the circuit court to issue a certain order under certain circumstances; 8
and generally relating to the Public Information Act. 9
BY repealing and reenacting, without amendments, 10
Article – General Provisions 11
Section 4–1A–01 and 4–1A–05(a) 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – General Provisions 16
Section 4–1A–04(b), 4–1A–10, and 4–362(a), (b), (c), and (g) 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2024 Supplement) 19
BY adding to 20
Article – General Provisions 21
Section 4–1A–05(c) 22
Annotated Code of Maryland 23
(2019 Replacement Volume and 2024 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26 2 SENATE BILL 554
Article – General Provisions 1
4–1A–01. 2
There is a State Public Information Act Compliance Board. 3
4–1A–04. 4
(b) The Board shall: 5
(1) receive, review, and, subject to § 4–1A–07 of this subtitle, resolve 6
complaints filed under § 4–1A–05 of this subtitle from any custodian alleging that an 7
applicant’s request or pattern of requests is frivolous, vexatious, ABUSIVE, or in bad faith; 8
(2) issue a written decision as to whether the applicant’s request or pattern 9
of requests is frivolous, vexatious, ABUSIVE, or in bad faith; and 10
(3) if the Board finds that the applicant’s request is frivolous, vexatious, 11
ABUSIVE, or in bad faith, based on the totality of the circumstances including the number 12
and scope of the applicant’s past requests and the custodian’s responses to past requests 13
and efforts to cooperate with the applicant, issue an order authorizing the custodian to: 14
(i) ignore the request OR PATTERN OF REQUES TS that is the 15
subject of the custodian’s complaint, INCLUDING, IN THE BOARD’S DISCRETION , 16
FUTURE REQUESTS ON T HE SAME OR SIMILAR T OPICS; [or] 17
(ii) respond to a less burdensome version of the request within a 18
reasonable time frame, as determined by the Board; OR 19
(III) PROVIDE ANY OTHER NO NMONETARY RELIEF THA T, IN THE 20
BOARD’S DISCRETION, IS APPROPRIATE UNDER THE CIRCUMSTANCES , INCLUDING 21
AN ORDER THAT THE CU STODIAN NEED NOT RES POND TO FUTURE REQUE STS FROM 22
THE APPLICANT OR AN OTHER PERSON MAKING A REQUEST ON BEHALF OF THE 23
APPLICANT FOR A SPEC IFIED PERIOD OF TIME . 24
4–1A–05. 25
(a) Any applicant, the applicant’s designated representative, or a custodian may 26
file a written complaint with the Board seeking a written decision and order from the Board 27
under § 4–1A–04 of this subtitle if: 28
(1) the complainant has attempted to resolve the dispute through the 29
Office of the Public Access Ombudsman under § 4–1B–04 of this title; and 30
SENATE BILL 554 3
(2) the Public Access Ombudsman has issued a final determination stating 1
that the dispute was not resolved. 2
(C) THE BOARD MAY DISMISS A C OMPLAINT BEFORE REQU ESTING OR 3
RECEIVING A RESPONSE TO THE COMPLAINT IF IT DETERMINES THAT T HE 4
COMPLAINT IS FRIVOLO US, VEXATIOUS, ABUSIVE, OR IN BAD FAITH. 5
4–1A–10. 6
(a) [A person or governmental unit] AN APPLICANT OR CUSTO DIAN need not 7
exhaust the administrative remedy under this subtitle before filing suit. 8
(b) (1) Except as otherwise provided in this subtitle, an applicant, a 9
complainant, or a custodian may appeal the decision issued by the Board under this subtitle 10
in accordance with § 4–362 of this title. 11
(2) An appeal under this subsection automatically stays the decision of the 12
Board pending the circuit court’s decision. 13
(3) A COMPLAINANT MAY APPE AL THE BOARD’S DISMISSAL OF A 14
COMPLAINT UNDER § 4–1A–05(C) OF THIS SUBTITLE. 15
4–362. 16
(a) (1) Subject to paragraph [(3)] (4) of this subsection, whenever a person or 17
governmental unit is denied inspection of a public record or is not provided with a copy, 18
printout, or photograph of a public record as requested, the person or governmental unit 19
may file a complaint with the circuit court. 20
(2) SUBJECT TO PARAGRAPH (5) OF THIS SUBSECTION , A CUSTODIAN 21
MAY FILE A COMPLAINT IN CIRCUIT COURT ALL EGING THAT AN APPLIC ANT’S 22
REQUEST OR PATTERN OF REQUESTS IS FRIVOLOU S, VEXATIOUS, ABUSIVE, OR IN 23
BAD FAITH. 24
[(2)] (3) Except as otherwise provided in Subtitle 1A of this title and 25
subject to paragraph [(3)] (4) of this subsection, an applicant, a complainant, or a custodian 26
may appeal to the circuit court a decision issued by the State Public Information Act 27
Compliance Board as provided under § 4–1A–10 of this title. 28
[(3)] (4) [A] EXCEPT AS PROVIDED IN PARAGRAPH (5) OF THIS 29
SUBSECTION, A complaint or an appeal under this subsection shall be filed with the circuit 30
court for the county where: 31
[(i) for appeals of decisions by the Board issued in accordance with 32
the Board’s authority under § 4–1A–04(b) of this title, the applicant resides or has a 33
principal place of business;] 34 4 SENATE BILL 554
[(ii)] (I) the complainant resides or has a principal place of 1
business; or 2
[(iii)] (II) the public record is located. 3
(5) A COMPLAINT FILED UNDE R PARAGRAPH (2) OF THIS 4
SUBSECTION AND APPEA LS OF DECISIONS BY T HE BOARD ISSUED IN ACCOR DANCE 5
WITH THE BOARD’S AUTHORITY UNDER § 4–1A–04(B) OF THIS TITLE MAY BE FILED 6
WITH THE CIRCUIT COU RT FOR THE COUNTY WH ERE: 7
(I) THE PUBLIC RECORD IS LOCATED; OR 8
(II) THE APPLICANT RESIDE S OR HAS A PRINCIPAL PLACE OF 9
BUSINESS. 10
(b) (1) Unless, for good cause shown, the court otherwise directs, and 11
notwithstanding any other provision of law, the defendant shall serve an answer or 12
otherwise plead to the complaint within 30 days after service of the complaint. 13
(2) [The] EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 14
SUBSECTION, THE defendant: 15
(i) has the burden of sustaining a decision to: 16
1. deny inspection of a public record; or 17
2. deny the person or governmental unit a copy, printout, or 18
photograph of a public record; and 19
(ii) in support of the decision, may submit a memorandum to the 20
court. 21
(3) FOR A COMPLAINT FILED IN ACCORDANCE WITH S UBSECTION 22
(A)(2) OF THIS SECTION , THE CUSTODIAN HAS TH E BURDEN OF DEMONSTR ATING 23
THAT THE REQUEST OR PATTERN OF REQUESTS IS FRIVOLOUS , VEXATIOUS, 24
ABUSIVE, OR IN BAD FAITH. 25
(c) (1) Except for cases that the court considers of greater importance, a 26
proceeding under this section, including an appeal, shall: 27
(i) take precedence on the docket; 28
(ii) be heard at the earliest practicable date; and 29
(iii) be expedited in every way. 30 SENATE BILL 554 5
(2) The court may examine the public record in camera to determine 1
whether any part of the public record may be withheld under this title. 2
(3) The court may: 3
(i) enjoin the State, a political subdivision, or a unit, an official, or 4
an employee of the State or of a political subdivision from: 5
1. withholding the public record; or 6
2. withholding a copy, printout, or photograph of the public 7
record; 8
(ii) issue an order for the production of the public record or a copy, 9
printout, or photograph of the public record that was withheld from the complainant; and 10
(iii) for noncompliance with the order, punish the responsible 11
employee for contempt. 12
(4) FOR A COMPLAINT FILED UNDER SUBSECTION (A)(2) OF THIS 13
SECTION, THE COURT MAY ISSUE AN ORDER AUTHORIZING THE CUSTODIAN TO : 14
(I) IGNORE THE REQUEST O R PATTERN OF REQUEST S THAT IS 15
THE SUBJECT OF THE C USTODIAN’S COMPLAINT, INCLUDING FUTURE REQ UESTS ON 16
THE SAME OR SIMILAR TOPICS; 17
(II) RESPOND TO A LESS BU RDENSOME VERSION OF THE 18
REQUEST WITHIN A REA SONABLE TIME FRAME ; OR 19
(III) PROVIDE ANY OTHER RE LIEF THAT, IN THE COURT ’S 20
DISCRETION, IS APPROPRIATE UNDER THE CIRCUMSTANCES , INCLUDING AN ORDER 21
THAT THE CUSTODIAN N EED NOT RESPOND TO F UTURE REQUESTS FROM THE 22
APPLICANT OR ANOTHER PERSO N MAKING A REQUEST O N BEHALF OF THE 23
APPLICANT FOR A SPEC IFIED PERIOD OF TIME . 24
(g) Notwithstanding § 12–302(a) of the Courts Article, a party who is aggrieved 25
by a final judgment of a circuit court in a judicial review proceeding under subsection 26
[(a)(2)] (A)(3) of this section may appeal to the Appellate Court of Maryland in the manner 27
that law provides for appeal of civil cases. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2025. 30