Maryland SB 758: Public Information Act - Remote Access, Fee Complaints, Fee Waivers, and Inspection of Judicial Records (Open Government, Better Government Act)

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0758*

SENATE BILL 758
P3 0lr3253
CF HB 401
By: Senators Lam and Carter
Introduced and read first time: February 3, 2020
Assigned to: Judicial Proceedings and Education, Health, and Environmental Affairs

A BILL ENTITLED

AN ACT concerning 1

Public Information Act – Remote Access, Fee Complaints, Fee Waivers, and 2
Inspection of Judicial Records 3
(Open Government, Better Government Act) 4

FOR the purpose of establishing the intent of the General Assembly that each official 5
custodian adopt a certain policy to expand remote access to public records; requiring 6
the Public Information Act Compliance Board to receive, review, and resolve certain 7
complaints alleging that a custodian unreasonably failed to waive a fee under certain 8
circumstances; altering the minimum fee charged under which the Board has 9
authority to review a complaint; altering the circumstances under which the Board 10
is required to order a custodian to reduce a fee; altering the circumstances under 11
which an applicant or the applicant’s designated representative may file a written 12
complaint with the Board seeking a written opinion and order from the Board; 13
establishing that a certain right for a custodian to provide a public record in 14
electronic format does not authorize a custodian of a judicial record to withhold the 15
names of certain judges or deny inspection of an administrative record under certain 16
circumstances; requiring, rather than authorizing, an official custodian to waive a 17
fee for an applicant who is indigent; requiring an official custodian to waive a fee or 18
a certain portion of a fee under certain circumstances; establishing that a certain 19
right to judicial review of the denial of a public record applies to certain records; 20
defining certain terms; and generally relating to the Public Information Act. 21

BY repealing and reenacting, with amendments, 22
Article – General Provisions 23
Section 4–101, 4–103, 4–1A–04(a), 4–1A–05, 4–205(c), 4–206(a) and (e), and 4–362(a) 24
Annotated Code of Maryland 25
(2019 Replacement Volume) 26

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
That the Laws of Maryland read as follows: 28

2 SENATE BILL 758

Article – General Provisions 1

4–101. 2

(a) In this title the following words have the meanings indicated. 3

(b) “Applicant” means a person or governmental unit that asks to inspect a public 4
record. 5

(c) “Board” means the State Public Information Act Compliance Board. 6

(d) “Custodian” means: 7

(1) the official custodian; or 8

(2) any other authorized individual who has physical custody and control 9
of a public record. 10

(E) (1) “JUDICIAL RECORD” MEANS A RECORD OF THE JUDICIAL BRANCH 11
THAT: 12

(I) PERTAINS TO THE ADMINISTRATION OF A COURT, A 13
JUDICIAL AGENCY, OR THE JUDICIAL SYSTEM OF THE STATE; 14

(II) PERTAINS TO AN APPLICATION FOR A BUSINESS LICENSE 15
ISSUED BY THE CLERK OF A COURT, INCLUDING THE APPLICATION FOR THE LICENSE 16
AND A COPY OF THE LICENSE; 17

(III) IS ALL OR ANY PART OF A COURT PAPER, DOCUMENT, 18
EXHIBIT, ORDER, NOTICE, DOCKET ENTRY, OR ANY OTHER RECORD, WHETHER IN 19
PAPER, ELECTRONIC, OR ANY OTHER FORM, THAT IS MADE, ENTERED, FILED, OR 20
MAINTAINED BY THE CLERK OF A COURT IN CONNECTION WITH AN ACTION OR 21
PROCEEDING; 22

(IV) PERTAINS TO A MARRIAGE LICENSE ISSUED AND 23
MAINTAINED BY THE COURT, INCLUDING, AFTER THE LICENSE IS ISSUED, THE 24
APPLICATION FOR THE LICENSE; 25

(V) IS FILED WITH THE CLERK OF A COURT FOR THE PRINCIPAL 26
PURPOSE OF GIVING PUBLIC NOTICE OF THE RECORD, INCLUDING: 27

1. DEEDS, MORTGAGES, AND OTHER DOCUMENTS FILED 28
AMONG THE LAND RECORDS; 29

2. FINANCING STATEMENTS FILED IN ACCORDANCE 30

SENATE BILL 758 3

WITH TITLE 9 OF THE COMMERCIAL LAW ARTICLE; AND 1

3. TAX AND OTHER LIENS FILED AS REQUIRED BY LAW; 2

(V) IS A MISCELLANEOUS RECORD FILED WITH THE CLERK OF 3
THE COURT IN ACCORDANCE WITH LAW; OR 4

(VI) IS A RECORD OF THE FOLLOWING SPECIAL JUDICIAL UNITS: 5

1. THE STATE BOARD OF LAW EXAMINERS, THE 6
ACCOMMODATIONS REVIEW COMMITTEE, OR THE CHARACTER COMMITTEES; 7

2. THE ATTORNEY GRIEVANCE COMMISSION AND BAR 8
COUNSEL; OR 9

3. THE COMMISSION ON JUDICIAL DISABILITIES, THE 10
JUDICIAL INQUIRY BOARD, OR THE INVESTIGATIVE COUNSEL. 11

(2) “JUDICIAL RECORD” INCLUDES: 12

(I) A CIRCUIT OR LOCAL RULE ADOPTED BY A COURT 13
REGULATING: 14

1. COURT LIBRARIES; 15

2. MEMORIAL PROCEEDINGS; 16

3. AUDITORS; 17

4. COMPENSATION OF TRUSTEES IN JUDICIAL SALES; 18
AND 19

5. APPOINTMENT OF BAIL BOND COMMISSIONERS AND 20
LICENSING AND REGULATION OF BAIL BONDSMEN; 21

(II) AN ADMINISTRATIVE ORDER, POLICY, OR DIRECTIVE THAT 22
GOVERNS THE OPERATION OF A COURT OR JUDICIAL AGENCY; 23

(III) AN ANALYSIS OR A REPORT, EVEN IF DERIVED FROM 24
JUDICIAL RECORDS, THAT IS: 25

1. PREPARED BY OR FOR A COURT OR JUDICIAL AGENCY; 26

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2. USED BY THE COURT OR JUD