SB 163
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 163 (Senator Elfreth, et al.)
Education, Health, and Environmental Affairs Economic Matters
Anne Arundel County - Alcoholic Beverages - Board Meetings
This bill requires the Anne Arundel County Board of License Commissioners to (1) publish
a meeting agenda no later than one week before the hearing; (2) make each open meeting
available to the public with live video and audio streaming; (3) publish the minutes of each
open meeting, as specified, no later than one month after the meeting; and (4) archive and
store recordings of each open meeting and records of the minutes of each opening meeting,
as specified.
Fiscal Summary
State Effect: None.
Local Effect: Potential significant increase in Anne Arundel County expenditures due to
the bill’s video and audio streaming and archiving requirements. Revenues are not affected.
This bill may impose a mandate on a unit of local government.
Small Business Effect: Minimal.
Analysis
Current Law:
Open Meetings Act
Under Maryland’s Open Meetings Act, with limited exceptions, a public body must
(1) meet in open session in locations reasonably accessible to potential attendees and
(2) provide reasonable advance notice of the time and location of meetings, including,
when appropriate, whether any portion of a meeting will be in closed session. A “public
body” is any entity that (1) consists of at least two individuals and (2) is created by the
Maryland Constitution; a State statute; a county or municipal charter; a memorandum of
understanding or a master agreement to which a majority of the county boards of education
and the Maryland State Department of Education are signatories; an ordinance; a rule,
resolution, or bylaw; or an executive order of the Governor or of the chief executive
authority of a political subdivision. Exclusions from the definition of “public body” include
juries, the Governor’s cabinet and Executive Council, judicial nominating commissions,
and single-member entities, among others.
Agendas
Generally, a public body must make an agenda available to the public prior to meeting in
an open session. The agenda must include known items of business or topics to be
discussed at the meeting and indicate whether the public body expects to close any portion
of the meeting in accordance with State law. The public body is not required to include in
the agenda information pertaining to a closed portion of the meeting. If a public body is
unable to comply with specified deadlines for the release of a meeting agenda because the
meeting is scheduled in response to an emergency, a natural disaster, or any other
unanticipated situation, the public body must make available, on request, an agenda of the
meeting within a reasonable time after the meeting occurs.
Minutes
As soon as practicable after an open session, a public body must prepare minutes of the
meeting. The minutes must reflect each item that the public body considered, the action it
took on each item, and each vote that was recorded. If a public body meets in closed
session, the minutes for a public body’s next open session must include a summary that
includes specified information about the proceedings of the closed meeting. A public body
need not prepare written minutes of an open session if (1) live and archived video or audio
streaming of the open session is available or (2) if the public body votes on legislation and
the individual votes taken by each participating member of the public body are promptly
posted on the Internet.
With limited exceptions, minutes of a public body must be available for public inspection
during normal business hours. A public body must retain a copy of the minutes of each
session and any specified recording for at least five years and, to the extent practicable,
post them online.
SB 163/ Page 2
 Additional Information
Prior Introductions: None.
Designated Cross File: HB 285 (Anne Arundel County Delegation) - Economic Matters.
Information Source(s): Anne Arundel County; Department of Legislative Services
Fiscal Note History: First Reader - February 13, 2020
rh/tso Third Reader - June 11, 2020
Revised - Amendment(s) - June 11, 2020
Analysis by: Donavan A. Ham Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 163/ Page 3


Statutes affected:
Text - First - Anne Arundel County - Alcoholic Beverages - Board Meetings: 11-102 Alcoholic Beverages, 11-209 Alcoholic Beverages
Text - Third - Anne Arundel County - Alcoholic Beverages - Board Meetings: 11-102 Alcoholic Beverages, 11-209 Alcoholic Beverages