[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6619421,"mediaKeyId","2836290-db35bc7ad8cc2e38e7bea3a90d937b72","parentId",2836290,"title","Maryland AG’s office seeks narrower public‑records exemption for documents created for litigation","audioSeconds",955,"startMs",304000,"endMs",1259000,"viewUrl","/Search/View?dp=1&key=2836290-db35bc7ad8cc2e38e7bea3a90d937b72&start=304&end=1259","thumbnailUrl","https://assets.pipeline.soar.com/2836290-db35bc7ad8cc2e38e7bea3a90d937b72/thumbnail_304000.jpg","articleUrl","/articles/6619421/Maryland/Maryland-AGs-office-seeks-narrower-publicrecords-exemption-for-documents-created-for-litigation","mediaUrl","https://secure.pipeline.soar.com/6619421-2b88dc6669649675a71779ada8b2a5a8/orig.mp4?Expires=1771139832&Signature=hcSub1~u9NKRGpy2QAZWUshBJK~165P1olb97-njrzUUQKHNOZ430WnoOChLNd4fPpzBVLRZLsOAGI2X0AV-7DE8FpP0tdiEM9~uNRK7KHWZdw8fwtZYXyTvr4u0Epdlig~Wf6RdlvzZ856ZjSlkoqYYmf4tWGiRF36j8AqGDcjlBPaIJC0T0GdivIxXndvm~Q9repjnWSb5v-xaar0cz5elFBi3F06~oFof~EUJpF4svmdA3xSQMtgcm~dKdNG7jZoRh-gxqCIWgliv7fhbTSUx7peNWK3VNnrBihkZkvQageAp0tFe7pUTSyzA9Lv9AOrCk0MuKPW4RnflPqldww__&Key-Pair-Id=KUT5TJCACFTXG","author","Maryland General Assembly - Health and Government Operations","date","2025-04-01T17:49:49.027Z","article","The Maryland Office of the Attorney General told the Health and Government Operations Committee on April 1 that it supports a narrowly tailored amendment to the Public Information Act that would allow custodians to withhold records created for the purpose of pending or reasonably anticipated litigation.

The proposal, carried to the panel by Patrick Hughes of the Attorney General’s Office, would not create a blanket bar on records related to litigation. “As amended, the bill would apply only to records created for purposes of pending or reasonably anticipated litigation,” Hughes said, adding that the amended language defines “reasonably anticipated litigation” as “a situation where there’s concrete evidence that the litigation is expected to occur based on the current facts and circumstances at the time of the request.”

Committee members pressed the AG’s office on what counts as “concrete evidence,” who makes the initial withholding decision and whether existing legal doctrines already protect such records.

Why it matters: The bill would add an explicit, discretionary exemption to the Public Information Act (PIA) aimed at preventing opposing parties or others from using records requests to disrupt government litigation or to obtain litigation strategy that government actors prepare for the purpose of the litigation. Supporters say it clarifies protections that are sometimes difficult to apply in practice; opponents say it risks narrowing transparency and is redundant with privileges like attorney work product.

Hughes told the committee the amended bill is narrower than an earlier House cross‑file and is modeled in part on exemptions in at least seven other states. He said the change would protect “sensitive records that were created for the very purposes of the litigation,” and contrasted that category with underlying documents that predate the possibility of litigation and remain subject to requests.

Lawmakers asked for concrete examples of the new definition. Hughes offered two: internal agency handling of claims filed under the Maryland Tort Claims Act — where nonlawyers may evaluate potential claims — and coordinated conversations among state attorneys general contemplating joint litigation. He said those are situations where the work product or attorney‑client privileges might not fully or clearly apply, and where a statutory exemption could reduce contested disclosure fights.

Several delegates voiced concern that the change would unduly restrict access. “My concern with this bill is the lack of transparency,” Delegate Austin said, noting courts already limit disclosure of attorney work product and settlement negotiations. Delegate Chisholm asked whether a public announcement by the AG that litigation was coming would qualify as “concrete evidence.” Hughes said the Senate committee that amended the bill drafted the definition but the AG’s office is open to working with legislators on tweaks.

Procedural and enforcement points: The bill would leave the initial determination to the custodian of the records; requesters who disagree could pursue remedies under the PIA, including the Ombudsman, the Public Information Compliance Board or Circuit Court review, Hughes said. The exemption would be discretionary, not mandatory: custodians would still have to show that withholding serves the public interest.

The committee hearing record shows extended questioning and requests for post‑hearing follow up; the transcript does not record a committee vote on the measure.

Ending note: Hughes urged a favorable report on Senate Bill 5 55 as amended and said the AG’s office is willing to work with the committee on language to address concerns about vagueness and transparency.","mediaType","Video","parentTitle","HGO Committee Session, 4/1/2025 #1","oneSentenceSummary","The Maryland Office of the Attorney General told the Health and Government Operations Committee on April 1 that it supports a narrowly tailored amendment to the Public Information Act that would allow custodians to withhold records created for the purpose of pending or reasonably anticipated litigation.","taxTitle","Health and Government Operations Committee, HOUSE OF REPRESENTATIVES, Committees, Legislative, Maryland","taxId",15061,"location","Maryland","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6619414,"Senators propose raising grant-reporting trigger to $5 million to ease DBM workload",83,1505000,1588000,"/Search/View?dp=1&key=2836290-db35bc7ad8cc2e38e7bea3a90d937b72&start=1505&end=1588","https://assets.pipeline.soar.com/2836290-db35bc7ad8cc2e38e7bea3a90d937b72/thumbnail_1505000.jpg","/articles/6619414/Maryland/Senators-propose-raising-grant-reporting-trigger-to-5-million-to-ease-DBM-workload","https://secure.pipeline.soar.com/6619414-81a69896b6a1fade3bcab24edfd0bd9a/orig.mp4?Expires=1771139832&Signature=GiDgdXrLl4fLMRNLCreg8iWeS4z4pmYuNzDMbn3YUNlBiYLIVyU-5DiP8WFWevKGpW2mLz3ce-winiH8duSYW185bJ0FTX-7WJpM~osLyzAUr35lkXtKk09FO0e3QIcd6Dg2hZTmHLt3GmNJnq47fSqzMthnn7HasJZd3bCgbrJ8UibD~RT-YDtotMUvOJBvmoVSmSCqwbEawfPmOEwcSAVkCIjev3CW4yu9CFzPSded7kAihCUfDK9461vQl8LOSmBK5thBkPe4jXOFmmZ4g1L9XC4mBFoOUMw-UNDmHY6wj-sE6yXFwz0DHHVkOUnG4-7PVDV07JsIUDyujgbGXg__&Key-Pair-Id=KUT5TJCACFTXG","Senators told the Health, Government and Operations Committee on April 1 that they would seek to align a House and Senate version of a grant‑reporting bill by changing the reporting trigger and the effective date.

Senate Bill 127 is the cross‑file of House Bill 300 and would adjust the dollar threshold that triggers a grant‑reporting requirement. Sponsor representatives told the committee the House amendment included a $1 million trigger for required reports; the Department of Budget and Management expressed concerns that the $1 million threshold would impose an excessive administrative burden. The Senate sponsor proposed keeping the Senate language, which raises the reporting trigger to $5,000,000 and makes the bill an emergency measure, to address DBM’s concerns and make the two bills identical.

Why it matters: The bill concerns how and when substantial state grants are reported to oversight entities; the reporting threshold determines the number of grants that will require notice and triggers administrative work by DBM.

Details from the hearing: Sponsor counsel said the bills differ in two ways — the effective date and the grant amount that triggers reporting — and recommended adopting the Senate figure of $5,000,000 and the House effective date so the bills align. Committee members did not record an extended debate on the policy merits in the transcript; the matter concluded with the sponsor noting the proposed amendment would make the two versions identical.

The transcript does not record a committee vote; the item was advanced through the hearing with the sponsor indicating planned amendments to make the bills identical.","Senators told the Health, Government and Operations Committee on April 1 they would seek to align House and Senate grant‑reporting bills by raising the reporting trigger to $5 million and adjusting the bill’s effective date.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6619417,"Senator Kagan urges creation of a Department of Commerce nonprofit navigator amid fiscal debate",588,1599000,2187000,"/Search/View?dp=1&key=2836290-db35bc7ad8cc2e38e7bea3a90d937b72&start=1599&end=2187","https://assets.pipeline.soar.com/2836290-db35bc7ad8cc2e38e7bea3a90d937b72/thumbnail_1599000.jpg","/articles/6619417/Maryland/Senator-Kagan-urges-creation-of-a-Department-of-Commerce-nonprofit-navigator-amid-fiscal-debate","https://secure.pipeline.soar.com/6619417-b185acbbf3983196b8557ed9c36845b2/orig.mp4?Expires=1771139832&Signature=Nf7jlFz4Wpq0yF6rCrdvWEIVg1ozOAOfIo2nkPt94cIXZzuDZPs9fSEbdD8ZHUJ~5~r2kJJceZrsOozILB6hz66mB4PyeEUo3-UxzIjX1kMDe-eUz5BDQNwMpUBzGGqz1MOq0hkLg71fy82GizmeSO11GjS61o33W65Pwn~eayIwECXsjeLqdGEyhEjzje~O0nSTriuIfMhLLxuV-XgJqWRkOh08oj2HFmgBvGVPDAUsa1lj8JSLGHdChnh6IA51FDgRYIchJZ4QcTZIPv5raBPWcu5rls6YSp0wRMCovUPqPgTSIe6KGATr-RSlnYT5h7TgjspFfbROxByBT3iDAQ__&Key-Pair-Id=KUT5TJCACFTXG","Senator Cheryl Kagan pressed the Health, Government and Operations Committee on April 1 to approve a one‑person “nonprofit navigator” position in the Maryland Department of Commerce to help small nonprofit organizations apply for state grants and resolve problems with state contracting.

Kagan told the committee that Maryland has “more than 41,000 nonprofit organizations” and said a state employee who could answer basic questions — for example, whether a group is eligible for a grant or whom to contact about an unpaid state contract — would ease administrative burdens for small organizations.

The proposal, Senate Bill 3 65, drew questions about its fiscal note and a Senate amendment that would bar the navigator from assisting nonprofit organizations that pay any single employee more than $250,000 in annual compensation. A Department of Commerce position supporting the bill asked the committee to remove that restriction; Commerce told the committee it does not distinguish between organizations on the basis of executive compensation when providing nonfinancial assistance.

Fiscal details and staffing: Committee members noted the bill was not moved previously because of the fiscal note. During the hearing, figures cited included a Senate fiscal estimate of about $80,400 for an initial fiscal year and roughly $69,000 in a subsequent year; the sponsor also referred to the House’s $75,000 cap. Kagan said the position would be “a mid‑level person,” not a new office or agency, and described the cost as modest given the potential statewide benefit.

Lawmakers asked for additional data. Vice‑Chair Collison asked whether the committee could get an average nonprofit CEO salary to better understand how many organizations the $250,000 limit would affect. Kagan agreed to be available for a subcommittee and said she has discussed the bill with Budget and Taxation leadership in the Senate and with nonprofit stakeholders including Henry Bogdan of Maryland Nonprofits.

Why it matters: Supporters said a navigator could help smaller groups lacking grants staff identify funding opportunities, secure reimbursements and maintain essential social services at a time of federal funding changes. Opponents or cautious members raised concerns about the fiscal note and about whether the $250,000 salary threshold is an appropriate eligibility limiter.

Procedural status: The bill was referred to subcommittee for further work; the transcript records the sponsor offering to be available for subcommittee follow up but does not record final committee action.","Sen. Cheryl Kagan told the Health, Government and Operations Committee that creating a single nonprofit navigator at the Department of Commerce would help Maryland’s 41,000 nonprofits navigate grants and contracts. The proposal drew questions about its fiscal note and an amendment limiting service to nonprofits with executive compensation under $","actionData","errors"]

Article not found

Maryland AG’s office seeks narrower public‑records exemption for documents created for litigation

Senators propose raising grant-reporting trigger to $5 million to ease DBM workload

Senator Kagan urges creation of a Department of Commerce nonprofit navigator amid fiscal debate