HARRY HUGHES, Governor

1351

In item (2) of this subsection, the word "individual"
is substituted for the former word "person", which, as
defined in former Art. 76A, § 1(h), included an
individual or an entity such as a corporation or
governmental unit. This substitution is based on the
word "personal", which formerly modified the word
"custody" and indicated that, in former Art. 76A, §
1(g), "person" meant an individual with physical
custody of a public record. This substitution also is
consistent with the revision of the definition of
"official custodian" in subsection (d) of this
section.

Also in item (2) of this     subsection, the word

"physical" is substituted       for the former word

"personal", since the former     word also may denote
"unofficial".

Also in item (2) of this subsection, the phrase "in
question", which formerly modified the defined term
"public record", is deleted as surplusage, since, in
the revised provisions in which the term "custodian"
appears, the context makes clear that the provisions
apply to specific public records.

Defined terms: "Official custodian" § 10-611
"Public record" § 10-611

(D) OFFICIAL CUSTODIAN.

"OFFICIAL CUSTODIAN" MEANS A STATE OFFICER OR STATE EMPLOYEE
WHO, WHETHER OR NOT THE OFFICER OR EMPLOYEE HAS PHYSICAL CUSTODY
AND CONTROL OF A PUBLIC RECORD, IS RESPONSIBLE FOR KEEPING THE
PUBLIC RECORD.

REVISOR'S MOTE: This subsection is new language derived
without substantive change from former Art. 76A, §
1(f), as that subsection related to the State and its
units.

The words "State officer or State employee" are
substituted for the former words "officer or employee
of the State or any agency, institution ... thereof",
for brevity and clarity.

The word "physical" is substituted for the former
adjectives "actual personal", since the word
"personal" also may denote "unofficial".

The former words "and includes" are deleted as
surplusage since it does not seem that the former
definition was intended to be illustrative.

The former references to "maintenance" and "care" are
deleted as unnecessary in light of the broad word
"keeping".