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MD SB555

Public Information Act - Denials - Pending Litigation


summary

Introduced
01/24/2025
In Committee
03/17/2025
Crossed Over
03/17/2025
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Establishing that a custodian may deny inspection of records created for the purposes of certain pending or reasonably anticipated litigation to which the State or an officer or employee of the State is or may be a party.

AI Summary

This bill modifies Maryland's Public Information Act to clarify when government agencies can deny public records requests related to pending or reasonably anticipated litigation. Specifically, the bill defines "reasonably anticipated litigation" as a situation with concrete evidence that litigation is expected based on current facts and circumstances. The bill allows custodians (record-keepers) to deny inspection of records created for pending or anticipated litigation involving the State, a state agency, a political subdivision, or a state/local government officer or employee in their official capacity. The bill explicitly excludes court records and records from litigation that has been fully resolved from this protection. Importantly, the legislation also ensures that this new provision does not limit any existing statutory or court rule rights to legal discovery. The bill is set to take effect on October 1, 2025, providing government entities clearer guidelines for protecting sensitive legal documents while maintaining transparency in public records.

Committee Categories

Education, Health and Social Services

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Education, Energy, and the Environment (S)

Last Action

House Health and Government Operations Hearing (13:00:00 4/1/2025 ) (on 04/01/2025)

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