Economic Development Activity - Nondisclosure Agreements

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0853*

SENATE BILL 853
C8, P5, S1 6lr2546

By: Senator Sydnor
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment and Finance

A BILL ENTITLED

AN ACT concerning 1

Economic Development Activity – Nondisclosure Agreements 2

FOR the purpose of prohibiting certain individuals from entering into a nondisclosure 3
agreement with a person involved in an economic development activity, including 4
establishing or operating a data center; including public service companies as an 5
instrumentality of the Sta te for the purpose of the Public Information Act; and 6
generally relating to economic development activity and the Public Information Act. 7

BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 2–207(a) and 6–410(a) 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2025 Supplement) 12

BY adding to 13
Article – Economic Development 14
Section 1.5–101 to be under the new title “Title 1.5. General Provisions” 15
Annotated Code of Maryland 16
(2024 Replacement Volume and 2025 Supplement) 17

BY repealing and reenacting, with amendments, 18
Article – General Provisions 19
Section 4–101 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2025 Supplement) 22

BY repealing and reenacting, without amendments, 23
Article – General Provisions 24
Section 4–103(a) and (b) 25
Annotated Code of Maryland 26
(2019 Replacement Volume and 2025 Supplement) 27
2 SENATE BILL 853

BY repealing and reenacting, with amendments, 1
Article – Health – General 2
Section 4–217(f) 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2025 Supplement) 5

BY adding to 6
Article – Local Government 7
Section 1–1321 8
Annotated Code of Maryland 9
(2013 Volume and 2025 Supplement) 10

BY adding to 11
Article – State Government 12
Section 2–1703 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15

BY repealing and reenacting, without amendments, 16
Article – Tax – General 17
Section 11–239(a)(1) and (2) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2025 Supplement) 20

BY repealing and reenacting, with amendments, 21
Article – Transportation 22
Section 12–112(d)(1) 23
Annotated Code of Maryland 24
(2020 Replacement Volume and 2025 Supplement) 25

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That the Laws of Maryland read as follows: 27

Article – Courts and Judicial Proceedings 28

2–207. 29

(a) For purposes of this section, “person in interest” has the meaning stated in [§ 30
4–101(g)] § 4–101 of the General Provisions Article. 31

6–410. 32

(a) (1) In this section the following words have the meanings indicated. 33

(2) “Custodian” has the meaning stated in [§ 4 –101(d)] § 4–101 of the 34
General Provisions Article. 35
SENATE BILL 853 3

(3) “Public record” has the meaning stated in [§ 4–101(j)] § 4–101 of the 1
General Provisions Article. 2

Article – Economic Development 3

TITLE 1.5. GENERAL PROVISIONS. 4

1.5–101. 5

(A) THIS TITLE APPLIES TO THE EMPLOYEES OF, CONTRACTORS WITH, AND 6
CONSULTANTS TO THE DEPARTMENT OR ANY OTHER ENTITY OR PROGRAM 7
GOVERNED BY THIS ARTICLE. 8

(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN INDIVIDUAL 9
MAY NOT ENTER INTO A NONDISCLOSURE AGREEMENT WITH A PERSON INVOLVED 10
IN AN ECONOMIC DEVEL OPMENT ACTIVITY , INCLUDING A PERSON I NVOLVED IN 11
ESTABLISHING OR OPERATING A DATA CENTER AS DEFINED IN § 11–239 OF THE TAX 12
– GENERAL ARTICLE. 13

Article – General Provisions 14

4–101. 15

(a) In this title the following words have the meanings indicated. 16

(b) “Applicant” means a person or governmental unit that asks to inspect a public 17
record. 18

(c) “Board” means the State Public Information Act Compliance Board. 19

(d) “Custodian” means: 20

(1) the official custodian; or 21

(2) any other authorized individual who has physical custody and control 22
of a public record. 23

(e) “INSTRUMENTALITY OF TH E STATE” INCLUDES A PUBLIC SERVICE 24
COMPANY AS DEFINED IN § 1–101 OF THE PUBLIC UTILITIES ARTICLE. 25

(F) “News media” means: 26

(1) newspapers; 27

4 SENATE BILL 853

(2) magazines; 1

(3) journals; 2

(4) press associations; 3

(5) news agencies; 4

(6) wire services; 5

(7) radio; 6

(8) television; and 7

(9) any printed, photographic, mechanical, or electronic means of 8
disseminating news and information to the public. 9

[(f)] (G) “Official custodian” means an officer or employee of the State or of a 10
political subdivision who is responsible for keeping a public record, whether or not the 11
officer or employee has physical custody and control of the public record. 12

[(g)] (H) “Person in interest” means: 13

(1) a person or governmental unit that is the subject of a public record or a 14
designee of the person or governmental unit; 15

(2) if the person has a legal disability, the parent or legal representative of 16
the person; or 17

(3) as to requests for correction of certificates of death under § 5–310(d)(2) 18
of the Health – General Article, the spouse, adult child, parent, adult sibling, grandparent, 19
or guardian of the person of the deceased at the time of the deceased’s death. 20

[(h)] (I) (1) “Personal information” means information that identifies an 21
individual. 22

(2) Except as provided in § 4 –355 of this title, “personal information” 23
includes an individual’s: 24

(i) name; 25

(ii) address; 26

(iii) e–mail address; 27

(iv) driver’s license number or any other identification number; 28

SENATE BILL 853 5

(v) medical or disability information; 1

(vi) photograph or computer–generated image; 2

(vii) Social Security number; and 3

(viii) telephone number. 4

(3) “Personal information” does not include an individual’s: 5

(i) driver’s status; 6

(ii) driving offenses; 7

(iii) five–digit zip code; or 8

(iv) information on vehicular accidents. 9

[(i)] (J) “Police officer” has the meaning stated in § 3 –201 of the Public Safety 10
Article. 11

[(j)] (K) “Political subdivision” means: 12

(1) a county; 13

(2) a municipal corporation; 14

(3) an unincorporated town; 15

(4) a school district; or 16

(5) a special district. 17

[(k)] (L) (1) “Public record” means the original or any copy of any 18
documentary material that: 19

(i) is made by a unit or an instrumentality of the State or of a 20
political subdivision or received by the unit or instrumentality in connection with the 21
transaction of public business; and 22

(ii) is in any form, including: 23

1. a card; 24

2. a computerized record; 25

3. correspondence; 26
6 SENATE BILL 853

4. a drawing; 1

5. film or microfilm; 2

6. a form; 3

7. a map; 4

8. a photograph or photostat; 5

9. a recording; or 6

10. a tape. 7

(2) “Public record” includes a document that lists the salary of an employee 8
of a unit or an instrumentality of the State or of a political subdivision. 9

(3) “Public record” does not include: 10

(i) a digital photographic image or signature of an individual, or the 11
actual stored data of the image or signature, recorded by the Motor Vehicle Administration; 12
or 13

(ii) a record or any information submitted to the Public Access 14
Ombudsman or the Board under Subtitle 1B of this title. 15

[(l)] (M) “Technical infraction” means a minor rule violation by an individual 16
solely related to the enforcement of administrative rules that: 17

(1) does not involve an interaction between a member of the public and the 18
individual; 19

(2) does not relate to the individual’s investigative, enforcement, training, 20
supervision, or reporting responsibilities; and 21

(3) is not otherwise a matter of public concern. 22

4–103. 23

(a) All persons are entitled to have access to information about the affairs of 24
government and the official acts of public officials and employees. 25

(b) To carry out the right set forth in subsection (a) of this section, unless an 26
unwarranted invasion of the privacy of a person in interest would result, this title shall be 27
construed in favor of allowing inspection of a public record, with the least cost and least 28
delay to the person or governmental unit that requests the inspection. 29
SENATE BILL 853 7

Article – Health – General 1

4–217. 2

(f) The Secretary shall include with every copy of a death certificate that is 3
completed by the Chief Medical Examiner a notice that advises a person in interest, as 4
defined in [§ 4–101(g)] § 4–101 of the General Provisions Article, of the right to appeal a 5
denial by the Chief Medical Examiner of a request to correct findings and conclusions as to 6
the cause and manner of death recorded on a death certificate as provided under § 5–310(d) 7
of this article. 8

Article – Local Government 9

1–1321. 10

(A) THIS SECTION APPLIES TO: 11

(1) A GOVERNING BODY; AND 12

(2) THE EMPLOYEES OF, CONTRACTORS WITH, AND CONSULTANTS TO 13
A GOVERNING BODY OR ANY OTHER ENTITY OR PROGRAM GOVERNED BY THIS 14
ARTICLE. 15

(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN INDIVIDUAL 16
MAY NOT ENTER INTO A NONDISCLOSURE AGREEMENT WITH A PER SON INVOLVED 17
IN AN ECONOMIC DEVEL OPMENT ACTIVITY , INCLUDING A PERSON I NVOLVED IN 18
ESTABLISHING OR OPERATING A DATA CENTER AS DEFINED IN § 11–239 OF THE TAX 19
– GENERAL ARTICLE. 20

Article – State Government 21

2–1703. 22

(A) THIS SECTION APPLIES TO: 23

(1) A LEGISLATOR; AND 24

(2) AN E MPLOYEE OF, CONTRACTOR WITH, AND CONSULTANT TO A 25
LEGISLATOR OR THE GENERAL ASSEMBLY. 26

(B) NOTWITHSTANDING ANY O THER PROVISION OF LA W, AN INDIVIDUAL 27
MAY NOT ENTER INTO A NONDISCLOSURE AGREEMENT WITH A PERSON INVOLVED 28
IN AN ECONOMIC DEVEL OPMENT ACTIVITY , INCLUDING A PERSON I NVOLVED IN 29
8 SENATE BILL 853

ESTABLISHING OR OPERATING A DATA CENTER AS DEFINED IN § 11–239 OF THE TAX 1
– GENERAL ARTICLE. 2

Article – Tax – General 3

11–239. 4

(a) (1) In this section the following words have the meanings indicated. 5

(2) “Data center” means a building or group of buildings used to house 6
computer systems, computer storage equipment, and associated infrastructure that 7
businesses or other organizations use to organize, process, sto re, and disseminate large 8
amounts of data. 9

Article – Transportation 10

12–112. 11

(d) (1) (i) In this subsection the following terms have the meanings 12
indicated. 13

(ii) “Personal information” has the meaning indicated in [§ 4–101(g)] 14
§ 4–101 of the General Provisions Article. 15

(iii) “Telephone solicitation” has the meaning indicated in § 4–320(a) 16
of the General Provisions Article. 17

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2026. 19