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MD HB806

MD HB806
Public Information Act - Frivolous, Vexatious, or Abusive Requests - Remedies


summary

Introduced
01/29/2025
In Committee
01/29/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Authorizing the custodian of a record to file a certain complaint relating to a Public Information Act request or pattern of requests with the Public Information Act Compliance Board or circuit court; authorizing the Compliance Board to issue a certain order or dismiss a complaint under certain circumstances; authorizing a complainant to appeal a certain decision of the Compliance Board; and authorizing the circuit court to issue a certain order under certain circumstances.

AI Summary

This bill modifies Maryland's Public Information Act (PIA) to provide additional remedies for custodians dealing with what they consider frivolous, vexatious, or abusive public records requests. The bill establishes a more comprehensive process for the State Public Information Act Compliance Board to address problematic information requests. Specifically, the bill allows a records custodian to file a complaint with the Compliance Board or circuit court if they believe an information request or pattern of requests is unreasonable. The Board can now issue orders that allow custodians to ignore certain requests, respond to a less burdensome version of a request, or provide other non-monetary relief, such as temporarily suspending an applicant's ability to make future requests. The bill also provides a clear appeals process for both custodians and requestors, ensuring that complaints about request patterns can be reviewed by the Board and, if necessary, by a circuit court. Importantly, the bill shifts the burden of proof in such cases to the custodian, who must demonstrate that a request is truly frivolous or abusive. The changes are designed to balance the public's right to access information with protecting government agencies from potentially overwhelming or harassment-like information requests, with the provisions set to take effect on October 1, 2025.

Committee Categories

Health and Social Services

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Health and Government Operations (House)

Last Action

House Health and Government Operations Hearing (13:00:00 2/11/2025 ) (on 02/11/2025)

bill text


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