Public Information Act - Public Records - Nonprofit Organizations

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0015*

HOUSE BILL 15
P3 6lr1449
(PRE–FILED)
By: Delegates M. Morgan, Arikan, Chisholm, Fisher, Grammer, Nawrocki, and
Szeliga
Requested: October 30, 2025
Introduced and read first time: January 14, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Public Information Act – Public Records – Nonprofit Organizations 2

FOR the purpose of altering the definition of a “public record” under the Public Information 3
Act to include certain documentary material made by certain nonprofit 4
organizations; altering the applicability of certain rules and limitations under the 5
Public Information Act to include certain nonprofit organizations; and generally 6
relating to nonprofit organizations and the Public Information Act. 7

BY repealing and reenacting, without amendments, 8
Article – General Provisions 9
Section 4–101(a) 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2025 Supplement) 12

BY repealing and reenacting, with amendments, 13
Article – General Provisions 14
Section 4–101(k), 4–102, and 4–104 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2025 Supplement) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY O F MARYLAND, 18
That the Laws of Maryland read as follows: 19

Article – General Provisions 20

4–101. 21

(a) In this title the following words have the meanings indicated. 22

2 HOUSE BILL 15

(k) (1) “Public record” means the original or any copy of any documentary 1
material that: 2

(i) is made by: 3

1. a unit or an instrumentality of the State or of a political 4
subdivision or received by the unit or instrumentality in connection with the transaction of 5
public business; [and] OR 6

2. A NONPROFIT ORGANIZATION THAT RECEIVES 7
$50,000 OR MORE ANNUALLY FROM STATE GRANTS, STATE BOND PROCEEDS, OR 8
LOCAL IMPACT GRANTS; AND 9

(ii) is in any form, including: 10

1. a card; 11

2. a computerized record; 12

3. correspondence; 13

4. a drawing; 14

5. film or microfilm; 15

6. a form; 16

7. a map; 17

8. a photograph or photostat; 18

9. a recording; or 19

10. a tape. 20

(2) “Public record” includes a document that lists the salary of an employee 21
of a unit or an instrumentality of the State or of a political subdivision OR O F A 22
NONPROFIT ORGANIZATION DESCRIBED UNDER PARA GRAPH (1) OF THIS 23
SUBSECTION. 24

(3) “Public record” does not include: 25

(i) a digital photographic image or signature of an individual, or the 26
actual stored data of the image or signature, recorded by the Motor Vehicle Administration; 27
or 28

HOUSE BILL 15 3

(ii) a record or any information submitted to the Public Access 1
Ombudsman or the Board under Subtitle 1B of this title. 2

4–102. 3

The State, a political subdivision, [or] a unit of the State or of a political subdivision, 4
OR A NONPROFIT ORGANIZATION may keep only the information about a person that: 5

(1) is needed by the State, the political subdivision, [or] the unit, OR THE 6
NONPROFIT ORGANIZATION to accomplish a governmental purpose that is authorized or 7
required to be accomplished under: 8

(i) a statute or any other legislative mandate; 9

(ii) an executive order of the Governor; 10

(iii) an executive order of the chief executive of a local jurisdiction; or 11

(iv) a judicial rule; and 12

(2) is relevant to accomplishment of the purpose. 13

4–104. 14

(a) Each official custodian shall adopt a policy of proactive disclosure of public 15
records that are available for inspection under this title. 16

(b) The policy adopted under subsection (a) of this section may: 17

(1) vary as appropriate to the type of public record and to reflect the staff 18
and budgetary resources of the governmental unit OR NONPROFIT ORGANIZATION; and 19

(2) include publication of public records on the website of the governmental 20
unit OR NONPROFIT ORGANIZATION, to the extent practicable, or publication of prior 21
responses to requests for inspection made under this title. 22

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall tak e effect 23
October 1, 2026. 24