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Session Laws, 1984
Volume 759, Page 1488   View pdf image
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1488                                        LAWS OF MARYLAND                                    Ch. 284

written document" is deleted. This latter deletion
also avoids the inconsistency of referring to, e.g., a
"recording" as a written document.

In paragraph (l)(ii)9. of this subsection, the former,
specific reference to a "sound recording" is deleted
as unnecessary in light of the broad reference to a
"recording".

In paragraph (2) of this subsection, the former phrase
"in the classified and nonclassified service" is
deleted as surplusage.

Defined terms: "Includes";"including" § 1-101
"Political subdivision" § 5-101

REVISOR'S NOTE TO SECTION: Former Art. 76A, § 1(h), which
defined "person" to "mea[n] and includ[e] any natural
person, corporation, partnership, firm, association,
or governmental agency", is deleted as unnecessary,
except as to governmental units, in light of the
definition of "person" in § 1-101 of this article and
to avoid confusion with that definition, which
generally is not construed to include governmental
units. Therefore, throughout this Part I of this
subtitle, a specific reference to a "governmental
unit" is added in those provisions derived from former
provisions in which the word "person" was used as
defined.

5-102. LIMITATION ON RECORDS.

A POLITICAL SUBDIVISION OR A UNIT OF THE POLITICAL
SUBDIVISION MAY KEEP ONLY THE INFORMATION ABOUT A PERSON THAT:

(1)  IS NEEDED BY THE POLITICAL SUBDIVISION OR THE
UNIT TO ACCOMPLISH A GOVERNMENTAL PURPOSE THAT IS AUTHORIZED OR
REQUIRED TO BE ACCOMPLISHED UNDER:

(I)  A STATUTE OR OTHER LEGISLATIVE MANDATE;

(II)  AN EXECUTIVE ORDER OF THE GOVERNOR;

(III)  AN EXECUTIVE ORDER OF THE CHIEF EXECUTIVE
OF A LOCAL JURISDICTION; OR

(IV)  A JUDICIAL RULE; AND

(2)  IS RELEVANT TO ACCOMPLISHMENT OF THE PURPOSE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first sentence of
former Art. 76A, § 1A, as that section related to
political subdivisions and their units. With respect
to the State, see the General Revisor's Note to this
subtitle.

 

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Session Laws, 1984
Volume 759, Page 1488   View pdf image
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