| 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 | *sb0555* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 555 | |
| 11 | 8 | P1 5lr2650 | |
| 12 | - | CF | |
| 9 | + | CF 5lr2616 | |
| 13 | 10 | By: Chair, Education, Energy, and the Environment Committee (By Request – | |
| 14 | 11 | Office of the Attorney General) | |
| 15 | 12 | Introduced and read first time: January 23, 2025 | |
| 16 | 13 | Assigned to: Education, Energy, and the Environment | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: February 26, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Public Information Act – Denials – Pending Litigation 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of establishing that a custodian may deny inspection of records pertaining 3 | |
| 28 | - | to | |
| 29 | - | ||
| 22 | + | to certain pending or reasonably anticipated litigation; and generally relating to the 4 | |
| 23 | + | Public Information Act. 5 | |
| 30 | 24 | ||
| 31 | 25 | BY adding to 6 | |
| 32 | 26 | Article – General Provisions 7 | |
| 33 | 27 | Section 4–357 8 | |
| 34 | 28 | Annotated Code of Maryland 9 | |
| 35 | 29 | (2019 Replacement Volume and 2024 Supplement) 10 | |
| 36 | 30 | ||
| 37 | 31 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 | |
| 38 | 32 | That the Laws of Maryland read as follows: 12 | |
| 39 | 33 | ||
| 40 | 34 | Article – General Provisions 13 | |
| 41 | 35 | ||
| 42 | 36 | 4–357. 14 | |
| 43 | 37 | ||
| 44 | - | (A) IN THIS SECTION, “REASONABLY ANTICIPAT ED LITIGATION” MEANS A 15 | |
| 45 | - | SITUATION WHERE THER E IS CONCRETE EVIDEN CE THAT LITIGATION I S EXPECTED 16 | |
| 46 | - | TO OCCUR BASED ON CU RRENT FACTS AND CIRC UMSTANCES . 17 | |
| 38 | + | (A) THIS SECTION DOES NOT APPLY TO A RECORD TH AT: 15 | |
| 47 | 39 | ||
| 48 | - | (A) (B) THIS SECTION DOES NOT APPLY TO A RECOR D THAT: 18 2 SENATE BILL 555 | |
| 40 | + | (1) IS A COURT RECORD ; OR 16 | |
| 41 | + | ||
| 42 | + | (2) PERTAINS TO LITIGATION THAT HA S BEEN FINALLY ADJUD ICATED 17 | |
| 43 | + | OR OTHERWISE SETTLED . 18 | |
| 44 | + | ||
| 45 | + | (B) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A CUSTODIAN MAY 19 | |
| 46 | + | DENY INSPECTION OF A RECORD PERTAINING TO PENDING OR REASONABL Y 20 | |
| 47 | + | ANTICIPATED LITIGATI ON TO WHICH: 21 2 SENATE BILL 555 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | 50 | ||
| 52 | - | (1) IS A COURT RECORD ; OR 1 | |
| 51 | + | (1) THE STATE, A STATE AGENCY, OR A POLITICAL SUBDI VISION OF 1 | |
| 52 | + | THE STATE IS OR MAY BE A PARTY; OR 2 | |
| 53 | 53 | ||
| 54 | - | (2) PERTAINS TO LITIGATI ON THAT HAS BEEN FIN ALLY ADJUDICATED 2 | |
| 55 | - | OR OTHERWISE SETTLED . 3 | |
| 54 | + | (2) AN OFFICER OR EMPLOY EE OF THE STATE OR A POLITICAL 3 | |
| 55 | + | SUBDIVISION OF THE STATE, BECAUSE OF THAT PERS ON’S OFFICE OR EMPLOYME NT, 4 | |
| 56 | + | IS OR MAY BE A PARTY . 5 | |
| 56 | 57 | ||
| 57 | - | ||
| 58 | - | ||
| 59 | - | ||
| 58 | + | (C) NOTHING IN THIS SECTI ON SHALL BE CONSTRUED T O LIMIT ANY RIGHT 6 | |
| 59 | + | OR OPPORTUNITY GRANT ED BY STATUTE OR COU RT RULE FOR A PARTY TO 7 | |
| 60 | + | LITIGATION TO RECEIV E DISCOVERY. 8 | |
| 60 | 61 | ||
| 61 | - | | |
| 62 | - | ||
| 62 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9 | |
| 63 | + | October 1, 2025. 10 | |
| 63 | 64 | ||
| 64 | - | (2) AN OFFICER OR EMPLOY EE OF THE STATE OR A POLITICAL 9 | |
| 65 | - | SUBDIVISION O F THE STATE, BECAUSE OF THAT PERS ON’S OFFICE OR EMPLOYME NT, 10 | |
| 66 | - | IS OR MAY BE A PARTY . 11 | |
| 67 | - | ||
| 68 | - | (C) (D) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO LIMIT ANY 12 | |
| 69 | - | RIGHT OR OPPORTUNITY GRANTED BY STATUTE O R COURT RULE FOR A P ARTY TO 13 | |
| 70 | - | LITIGATION TO RECEIV E DISCOVERY. 14 | |
| 71 | - | ||
| 72 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 | |
| 73 | - | October 1, 2025. 16 | |
| 74 | - | ||
| 75 | - | ||
| 76 | - | ||
| 77 | - | ||
| 78 | - | ||
| 79 | - | Approved: | |
| 80 | - | ________________________________________________________________________________ | |
| 81 | - | Governor. | |
| 82 | - | ________________________________________________________________________________ | |
| 83 | - | President of the Senate. | |
| 84 | - | ________________________________________________________________________________ | |
| 85 | - | Speaker of the House of Delegates. |