WILLIAM DONALD SCHAEFER, Governor                           Ch. 10

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 12H(c)(2) and (3).

In items (1), (2), and (3)(ii) of this section, the reference to a "prosecutor" is
substituted for the former references to a "prosecuting authority" and
"prosecutorial agency", for clarity and brevity.

In item (3)(iii) of this section, the standard term "counsel" is substituted for
the former reference to "legal representation" for clarity.

The State Personnel Article Review Committee notes, for consideration by
the General Assembly, that items (3)(iii) and (iv) seem to be overly specific
for purposes of a general notice that the matter has been referred to a
prosecutor. It may be more appropriate for the prosecutor to provide the
warnings in question. Accordingly, the General Assembly may wish to delete
these specific requirements from this section.

Defined term: "Secretary" § 1-101

3-310. DISCLOSURE OF PROTECTED INFORMATION TO ATTORNEY GENERAL.

FOR PURPOSES OF THIS SUBTITLE, THE ATTORNEY GENERAL SHALL:

(1)      DESIGNATE AN ASSISTANT ATTORNEY GENERAL TO RECEIVE FROM
APPLICANTS AND EMPLOYEES ANY INFORMATION THE DISCLOSURE OF WHICH IS
OTHERWISE PROTECTED BY LAW;

(2)      INVESTIGATE EACH ALLEGATION OF ILLEGALITY OR IMPROPRIETY;

(3)      TAKE APPROPRIATE LEGAL ACTION; AND

(4)      AFTER THE INVESTIGATION, SUBMIT A CONFIDENTIAL REPORT TO
THE GOVERNOR THAT DESCRIBES THE CONTENT OF THE DISCLOSURE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 12J.

In item (1) of this section, the reference to "applicants" is added to conform
to the broader scope of former Art. 64A, § 12G(b) - now § 3-304(b) of this
subtitle, which prohibits reprisals against both employees and applicants who
disclose information under this subtitle.

Also in item (1) of this section, the reference to information "the disclosure of
which is otherwise protected by law" is substituted for the former description
of "information the privacy or confidentiality of which is protected pursuant to
Title 10, Subtitle 6 of the State Government Article", to conform to the
broader reference in former Art. 64A, § 12G(b), revised in § 3-304(b) of this
subtitle.

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