MSBA testified in a series of critical bill and budget hearings in Annapolis to protect the legal profession and ensure that access to Maryland’s public land records remains fair and transparent. Below is an update on where we stand and why this advocacy is vital for our members.
Securing Transparency Through HB 576/SB 425
The MSBA strongly supports House Bill 576/Senate Bill 425, which establishes clear standards for any “reasonable fees" set by the Maryland State Archives (“Archives”). This bill is a direct response to a proposal from last year that would have implemented a $0.20 per page paywall, per user, to view digital land records, without any prior notice to MSBA or other affected industries.
This legislation provides protection for our members by:
- Requiring Fee-Setting by Regulation: This ensures that any future fee changes must undergo public notice, a comment period, and legislative review.
- Ensuring Public Input: Stakeholders like the MSBA will have a meaningful opportunity to provide feedback before any costs are implemented.
- Preventing Prohibitive Costs: Any established fees must be fair and not impair our members’ ability to serve communities efficiently.
MSBA testified in support of the House and Senate bills, which will now move through their respective committees (House Government, Labor, and Elections Committee and Senate Budget and Taxation Committee) for further action.
Inside the Budget Hearings and Workgroup
Beyond specific legislation, MSBA testified at the House and Senate budget hearings for Archives. The Archives’ budget analysis revealed that while they are not proceeding with a fee immediately, they are exploring potential paywalls by fiscal year 2028. MSBA shared that we remain a ready partner to find a fix to support for land records access and that any solution to meet Archives’ budget needs should also provide certainty to our industry and include our input.
MSBA is also involved in discussions with stakeholders and legislators through the Senate Land Records Workgroup to develop long-term solutions to support land records access.
Why This Matters to Your Practice
Unregulated and unpredictable fees are a barrier to justice, as they harm your ability to serve clients and raise your everyday costs. As we shared in our testimony, land records are essential during the initial client consultation and discovery phases. Costly fees can immediately impact practitioners across nearly every field, including:
- Real Estate and Business: Impacting settlement, title transactions, and fraud deterrence.
- Estate and Family Law: Affecting estate planning and administration, marital property division, and guardianship cases.
- Housing and Public Benefits: Raising costs for eviction prevention, mortgage foreclosure defense, and tax sale foreclosure cases.
For smaller firms and legal service providers, these costs are particularly burdensome and are often passed directly to clients, including low-income Marylanders. Costly records fees may discourage clients from even seeking a consultation and could delay their ability to resolve legal issues.
What’s Ahead
The MSBA remains a ready partner with the General Assembly, Archives, and partners to find a permanent solution that recognizes the Archives' need for digital support without compromising the ability of attorneys to serve their clients. We will continue to monitor HB 576/SB 425 and the budget process closely to ensure that the practice of law in Maryland remains accessible and predictable.
MSBA Advocacy Director Shaoli Sarkar joins Delegate Mike Griffith to testify before the House Government, Labor, and Elections Committee in support of House Bill 576 to regulate State Archives fees.