Public Information Act - Denials - Pending Litigation
SB 555 modifies Maryland's Public Information Act to allow government offices (custodians) to deny public access to records related to pending or reasonably anticipated lawsuits involving the state, state agencies, or government employees acting in their official capacity. It specifically permits denials for records tied to litigation where the government or its employees are parties, but does not apply to finalized cases or court records. The bill ensures existing legal discovery rights in lawsuits remain unaffected. This change directly impacts how government entities handle public record requests during active legal disputes.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House of Delegates Passage
Governor
Introduced Jan 24, 2025
Last action Mar 18, 2025
Maddy AI version diff · 1 comparison
What changed between versions
First - Public Information Act - Denials - Pending Litigation
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Third - Public Information Act - Denials - Pending Litigation
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3 edits
MINOR
This bill was amended to clarify definitions and restructure the section regarding pending litigation exemptions under the Public Information Act. The changes add a new definition for 'reasonably anticipated litigation' and renumber subsections to accommodate the new definition, while maintaining the core exemption for records related to pending or anticipated litigation involving the state or its employees.
Scope change
The bill's scope was expanded by adding a specific definition for 'reasonably anticipated litigation' to clarify when the exemption applies, making the criteria more concrete and evidence-based.
DEFINITION
Added a new definition for 'reasonably anticipated litigation' requiring concrete evidence that litigation is expected based on current facts and circumstances.
REQUIREMENT
Restructured subsection numbering from (A)(1), (A)(2), (B)(C) to (A)(B), (A)(C), (B)(D) to accommodate the new definition and clarify the relationship between subsections.
TECHNICAL
Added bill metadata including committee report status, adoption date, and second reading date, along with formatting changes to the bill header and footer.
Floor votes · Senate Feb 28, 2025
How they voted
30–11
Passed · 5 other
Total votes 46
Feb 28, 2025
D
Democratic33
84% Yea
R
Republican13
84% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
10
Key actions
5
Committee
4
Mar 17, 2025
Committee
Referred Health and Government Operations
lower
Mar 17, 2025
Upper · Passed
Third Reading Passed
upper
Mar 14, 2025
Upper · Passed
Motion Laid Over (Senator Ready) Adopted
upper
Mar 14, 2025
Upper · Passed
Favorable with Amendments {
upper
Mar 14, 2025
Upper · Passed
Favorable with Amendments Report by Education, Energy, and the Environment
upper
Feb 28, 2025
Senate · Passed
Senate Vote: pass (30-11-5)
senate
Jan 24, 2025
Committee
First Reading Education, Energy, and the Environment
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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