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Session Laws, 1984
Volume 759, Page 1485   View pdf image
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HARRY HUGHES, Governor

1485

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" § 5-101
"Public record" § 5-101

(D)  OFFICIAL CUSTODIAN.

"OFFICIAL CUSTODIAN" MEANS AN OFFICER OR EMPLOYEE OF A
POLITICAL SUBDIVISION 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 NOTE: This subsection is new language derived
without substantive change from former Art. 76A, §
1(f), as that subsection related to the political
subdivisions.

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".

Defined terms: "Political subdivision" § 5-101
"Public record" § 5-101

(E)  PERSON IN INTEREST.

"PERSON IN INTEREST" MEANS:

(1) A PERSON OR GOVERNMENTAL UNIT THAT IS THE SUBJECT
OF A PUBLIC RECORD OR A DESIGNEE OF THE PERSON OR GOVERNMENTAL
UNIT; OR

 

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Session Laws, 1984
Volume 759, Page 1485   View pdf image
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