HARRY HUGHES, Governor 1343
REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 76A, § 14.
In subsection (c)(3) of this section, the reference to
45 days after the public body "includes in the minutes
of an open session the information specified in §
10-509(c)(2) of this subtitle" is substituted for the
former reference to the "next public meeting or
session following the alleged improper closed meeting
or session, at which notice of the action ... is
given", since the public body is required to include
information in the minutes, rather than give notice.
The substituted reference clarifies that the time runs
from the date on which the public body complies with
the requirement for inclusion of the information and,
thus, avoids the former reference to the "next" open
session, since the public body may not comply with
requirement at its "next" meeting.
In subsection (e)(1) of this section, the reference to
consolidation of a proceeding with "another proceeding
under this section or an appeal" is substituted for
the former reference to consolidation with "any other
appeal", since a proceeding under this section is not
an appeal, yet it did not seem to be the intent of the
former law to preclude consolidations of 2
proceedings.
Defined terms: "Includes";"including" § 1-101
"Meet" § 10-501 "Person" § 1-101
"Public body" § 10-501
GENERAL REVISOR'S NOTE TO SUBTITLE:
Former Art. 76A, §§ 8 through 15 applied to public bodies of
the State and of its political subdivisions. This subtitle
includes only those former provisions that related to the State.
The provisions that related to political subdivisions now appear
in Art. 24, §§ 4-101 through 4-110 of the Code.
SUBTITLE 6. RECORDS.
FART I. GENERAL PROVISION.
10-601. LIMITATION ON RECORDS.
THE STATE OR A UNIT OF THE STATE MAY KEEP ONLY THE
INFORMATION ABOUT A PERSON THAT:
(1) IS NEEDED BY THE STATE OR THE UNIT TO ACCOMPLISH
A GOVERNMENTAL PURPOSE THAT IS AUTHORIZED OR REQUIRED TO BE
ACCOMPLISHED UNDER:
(I) A STATUTE OR OTHER LEGISLATIVE MANDATE;
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