Relating to public sector unions

2025 Regular Session Introduced by Eric Tarr

SB 555 lets custodians withhold records created for pending or reasonably anticipated litigation, with specific exceptions; preserves discovery rights; effective Oct 1, 2025.

To Government Organization

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Purpose / Intent

SB 555 creates a new, narrowly focused exemption under the Maryland Public Information Act (PIA) allowing custodians of public records to withhold records that were created for the purpose of pending or reasonably anticipated litigation involving the State, a State agency or political subdivision, or an officer/employee in their official capacity. The change is intended to protect records prepared for litigation (e.g., legal strategy, drafts, internal memos) while preserving existing discovery rights.

Key provisions

Adds Article — General Provisions, Section 4‑357 to the Annotated Code of Maryland.

Permissive denial: A custodian "may" deny inspection of a record that was created for the purposes of:

Pending litigation to which the State, a State agency, or a political subdivision is or may be a party; or
Pending litigation to which an officer or employee (because of official duties) is or may be a party.

Extends the permissive denial to records created for "reasonably anticipated litigation," defined in the bill as situations where there is concrete evidence that litigation is expected based on current facts and circumstances.

Carves out explicit exceptions:

Does not apply to court records.
Does not apply to records pertaining to litigation that has been finally adjudicated or otherwise settled.
Does not limit any statutory or court‑rule discovery rights available to parties in litigation.

Effective date specified: the bill takes effect October 1, 2025.

Who would be affected

Custodians of public records at State agencies and political subdivisions (those who handle PIA requests).

Requesters (members of the public, media, researchers) seeking records created for litigation planning or preparation.

State entities and employees engaged in or preparing for litigation (who may see expanded protection of internal litigation‑related records).

Procedural status and fiscal impact

Origin: Introduced at the request of the Office of the Attorney General; companion bill HB 821.

Committee action: Reported favorably with amendments (Education, Energy, and the Environment Committee); subsequent procedural steps led to enactment language with an October 1, 2025 effective date.

Fiscal note (OAG/Department of Legislative Services): Not anticipated to materially affect State or local operations or finances.

Practical implications

Increases custodial discretion to withhold pre‑litigation and litigation‑prepared records, potentially reducing public access to certain internal materials while protecting privileged strategies.

Preserves existing discovery mechanisms so parties to litigation retain statutory/court‑granted access through legal process.

The "reasonably anticipated litigation" standard requires concrete evidence, which may limit the scope of denials but could generate disputes over whether the standard is met.

Bill