HB 272
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 272 (Delegate Carr)
Health and Government Operations Education, Health, and Environmental Affairs
Public Information Act - Required Denials - Sociological Information and
Distribution Lists
This bill modifies the definition of “distribution list,” as it applies to the denial of inspection
of distribution lists under Maryland’s Public Information Act (PIA), to exclude a list of
recipients of specified notices from the State Highway Administration (SHA) or Maryland
Transit Administration (MTA) relating to environmental and engineering studies on private
property under the State’s eminent domain statute. A custodian must allow inspection of
such a notice, or a list of recipients of such a notice, only on receipt of a written application
and a statement, signed under oath, that the notice or list is not intended to be used for
commercial solicitation. The bill further specifies that a definition of “sociological
information” adopted under rules or regulations by an official custodian of a public record
may not include above-specified notices or recipient lists. Finally, the bill requires a
custodian to deny inspection of only the part of a distribution list that identifies an
individual’s physical address, email address, or telephone number (rather than the full
distribution list, as required under current law).
Fiscal Summary
State Effect: The bill’s changes can be handled with existing budgeted resources.
Revenues are not materially affected.
Local Effect: The bill’s changes can be handled with existing local government resources.
No effect on revenues.
Small Business Effect: None.
 Analysis
Current Law:
Notice of Entry by SHA or MTA Employees to Conduct Studies on Private Property
Under § 12-111 of the Real Property Article, SHA, MTA, and the agents, employees, and
consultants of SHA and MTA may enter private property under the State’s eminent domain
statute to conduct environmental and engineering studies necessary to determine the
suitability of the property for use by the administration entering the property. Entry onto
private property for such purposes may not be undertaken without prior consent of the
property owner. If, after real and bona fide effort, the consent of the property owner cannot
be secured, the administration seeking entry may apply to a law or equity court for an order
directing that entry be permitted. The bona fide effort, however, must include either
30 days advance written notice or posting notice on the property at least 30 days in advance.
Maryland’s Public Information Act
PIA establishes that all persons are entitled to have access to information about the affairs
of government and the official acts of public officials and employees. The Act generally
must be construed in favor of allowing inspection of a public record, with the least cost and
delay to the person or governmental unit requesting the information, unless an unwarranted
invasion of privacy would result, as specified.
Required Denials
Under PIA, a custodian must deny inspection of a public record or any part of a public
record if (1) the public record is privileged or confidential by law or (2) the inspection
would be contrary to a State statute, a federal statute or regulation, the Maryland Rules, or
an order of a court of record. PIA also requires denial of inspection for personal and
confidential records, including, for example, hospital and medical records, financial
records, certain police and related criminal records, and licensing records.
Distribution Lists
As required under Chapters 39 and 40 of 2018, a custodian must deny inspection of a
distribution list and a request to be added to a distribution list that identifies a physical
address, an email address, or a telephone number of an individual that is used by a
governmental entity or an elected official for the sole purpose of (1) periodically sending
news about the official activities of the governmental entity or official or (2) sending
informational notices or emergency alerts. “Governmental entity” means a unit or an
instrumentality of the State or of a political subdivision.
HB 272/ Page 2
Discretionary Denials
Unless otherwise specified, if a custodian believes that inspection of a part of a public
record by an applicant would be contrary to the public interest, the custodian may deny
inspection to the applicant of that part of the record. PIA specifies the types of records that
are eligible for discretionary denials, including documents that would not be available
through discovery in a lawsuit.
Sociological Information
If a custodian has adopted rules or regulations that define sociological information for
purposes of PIA, a custodian must deny inspection of the part of a public record that
contains sociological information in accordance with the rules or regulations.
Under regulations adopted by the Maryland Department of Transportation, “sociological
information” means a social security number, personal address, personal phone number,
personal email address, date of birth, and driver’s license number.
Procedure for Denial
A custodian who denies inspection of a public record must, within 10 working days,
provide a written statement to the applicant that gives (1) the reason for denial; (2) if
denying a part of a record on a discretionary basis, a brief explanation of why the denial is
necessary and why redacting information would not address the reasons for the denial;
(3) the legal authority for the denial; (4) a brief description of the undisclosed record
(without disclosing the protected information); and (5) notice of the available statutory
remedies.
Prohibited Acts, Penalties
A person may not willingly violate any provision of PIA or, by false pretenses, bribery, or
theft, gain access to or obtain a copy of a personal record if disclosure of the personal
record to the person is prohibited under PIA. A violation is a misdemeanor subject to a fine
of up to $1,000.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
HB 272/ Page 3
Information Source(s): Office of the Attorney General; Judiciary (Administrative Office
of the Courts); Maryland State Department of Education; University System of Maryland;
Maryland Department of the Environment; Maryland Department of Health; Department
of Public Safety and Correctional Services; Department of State Police; Maryland
Department of Transportation; Baltimore and St. Mary’s counties; towns of Bel Air and
Leonardtown; Baltimore City Public Schools; Prince George’s County Public Schools;
Department of Legislative Services
Fiscal Note History: First Reader - February 8, 2021
rh/mcr Third Reader - March 31, 2021
Revised - Amendment(s) - March 31, 2021
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 272/ Page 4


Statutes affected:
Text - First - Public Information Act - Required Denials - Sociological Information and Distribution Lists: 4-103 Real Property, 4-330 Real Property, 4-341 Real Property, 5-101 Real Property, 12-111 Real Property
Text - Third - Public Information Act - Required Denials - Sociological Information and Distribution Lists: 4-103 General Provisions, 4-330 General Provisions, 4-341 General Provisions, 5-101 General Provisions, 12-111 General Provisions