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3858
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VETOES
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Honorable Marvin Mandel
Governor of Maryland
State House
Annapolis, Maryland 21404
Re: House Bill 462
Dear Governor Mandel:
Although we approve House Bill 462 as
constitutionally permissible, two provisions which may
present significant interpretive problems warrant
comment.
As amended in the Senate, the bill would create a
new Section 1A of Article 76A which would provide:
"The State, counties, municipalities and political
subdivisions, or any agencies thereof, shall
maintain only such information about a person as is
relevant and necessary to accomplish a purpose of
the governmental entity or agency which is required
to be accomplished by statute or executive order of
the Governor or the chief executive of a local
jurisdiction. Moreover, all persons are entitled to
information regarding the affairs of government and
the official acts of those who represent them as
public officials and employees. To this end, the
provisions of this Act shall be construed in every
instance with the view toward public access, and the
minimization of costs and time delays to persons
requesting information."
Lines 535 through the unnumbered line following line 544
(emphasis supplied).
A question has arisen over whether this paragraph
constitutes merely "a policy section which states the
general objectives of the Act in order that
administrators and courts may knew its purposes," 1A
Sutherland Statutory Construction §20.12, or constitutes
an affirmative restriction on the keeping of public
records by the agencies affected. In our view, while the
second sentence of new Section 1A would constitute a
policy statement, the first sentence is both worded and
intended as a prohibition or affirmative restraint upon
the keeping of records by the agencies affected. Not
only is the language itself the traditional mandatory
"shall," but also the title of the bill reflects this
provision by means of language specifically "requiring
State and local governments to maintain only necessary
and relevant information about persons;....."
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He are unable to assess the impact of such a
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