Section 1-101 - Definitions.
§ 1-101. Definitions.
(a) In general.- In this division the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 83A, § 1-101(a).
The reference to this "division" is substituted for the former reference to this "article" to reflect the reorganization of material derived from former Article 83A that is under the jurisdiction of the Department of Business and Economic Development in this division, in contrast to material from that former article concerning independent units and other miscellaneous matters that are revised in Division II of this article.
No other changes are made.
(b) County.- "County" means a county of the State or Baltimore City.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, §§ 5-401(d), 5-901(h), and 5-1401(m).
It is restated in standard language for consistency with other revised articles. See, e.g., IN § 1-101(l), PUC § 1-101(g), CP § 1-101(d), CR § 1-101(d), and PS § 1-101(b).
Former Art. 83A, §§ 5-401(d), 5-901(h), and 5-1401(m) applied only to specific programs within the Department: enterprise zones, the Maryland Industrial Development Financing Authority, and the Maryland Economic Development Assistance Authority and Fund. The remainder of the source material for this article was subject to Art. 1, § 14(a), which provides that "county" includes Baltimore City "unless such construction would be unreasonable". Because the word "unreasonable" in that section has been interpreted in various ways, the Economic Development Article Review Committee decided that an explicit definition of "county" should be included that applies in each division of this article. See, also, § 9-101 of this article.
Defined Terms.
"State" § 1-101
(c) Department.- "Department" means the Department of Business and Economic Development.
Revisor's Note.
This subsection formerly was Art. 83A, §§ 5-401(e), 5-901(i), and 5-1001(c).
The former phrase "of the State" is deleted as implicit.
No other changes are made.
(d) Person.- "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.
Revisor's Note.
This subsection is new language added to provide an express definition of the term "person".
The term conforms to the same term defined in many recently revised articles. See, e.g., IN § 1-101(dd), PUC § 1-101(t), CS § 1-101(l), CP § 1-101(l), and PS § 1-101(c). No substantive change is intended. See, also, § 9-101 of this article.
The definition of "person" in this subsection does not include a governmental entity or unit. The Court of Appeals of Maryland has held consistently that the word "person" in a statute does not include the State, its agencies, or subdivisions unless an intention to include these entities is made manifest by the legislature. See, e.g., Unnamed Physicians v. Commission on Medical Discipline, 285 Md. 1, 12-14 (1979). This rule does not apply when there is no impairment of sovereign powers and the provision that uses the term enhances a proprietary interest of the governmental unit. See 89 Op. Att'y Gen. 53, 58 (2004).
See, also, § 9-101 of this article.
As to the term "personal representative", see Art. 1, § 5.
(e) Qualified distressed county.-
(1) "Qualified distressed county" means a county with:
(i) an average rate of unemployment for the most recent 24-month period for which data are available that exceeds 150% of the average rate of unemployment for the State during that period; or
(ii) an average per capita personal income for the most recent 24-month period for which data are available that is equal to or less than 67% of the average per capita personal income for the State during that period.
(2) "Qualified distressed county" includes a county that:
(i) no longer meets either criterion stated in paragraph (1) of this subsection; but
(ii) has met at least one of the criteria at some time during the preceding 12-month period.
SPECIAL REVISOR'S NOTE
As enacted by Ch. 306, Acts of 2008, this subsection was new language derived without substantive change from former Art. 83A, § 5-1501(a)(8). However, Ch. 498, Acts of 2008, designated the original text of this subsection as paragraph (1) of this subsection, added a new paragraph (2) concerning counties that do not meet certain unemployment and income criteria but have met at least one of them during the preceding 12-month period, and renumbered the items in paragraph (1) accordingly. Also, Ch. 498 substituted the reference to a "24-month" period in paragraph (1)(i) of this subsection for the former reference to an "18-month" period.
Defined Terms.
"County" § 1-101
"State" § 1-101
(f) Secretary.- "Secretary" means the Secretary of Business and Economic Development.
Revisor's Note.
This subsection formerly was Art. 83A, §§ 5-401(i), 5-901(bb), 5-1001(h), and 5-1501(a)(11).
No changes are made.
(g) State.-
(1) Except as provided in paragraph (2) of this subsection, "state" means:
(i) a state, possession, territory, or commonwealth of the United States; or
(ii) the District of Columbia.
(2) When capitalized, "State" means Maryland.
Revisor's Note.
Paragraph (1) of this subsection is standard language added to provide an express definition of the term "state" in this division that is consistent with the term defined in other revised articles of the Code. See, e.g., IN § 1-101(mm), PUC § 1-101(ff), CS § 1-101(n), CP § 1-101(n), CR § 1-101(i), and PS § 1-101(d).
Paragraph (2) of this subsection formerly was Art. 83A, § 1-101(e).
In paragraph (1) of this subsection, the phrase "[e]xcept as provided in paragraph (2) of this subsection," is added for clarity.
In paragraph (2) of this subsection, the phrase "[w]hen capitalized," is added for clarity and to prescribe explicitly the drafting convention used in recently revised articles, by which the term "State" when capitalized refers only to Maryland, whereas the defined term "state" in miniscule refers to any state or other territory of the United States.
The only other change is in style.
See, also, § 9-101 of this article.
[An. Code 1957, art. 83A §§ 1-101(a), (e), 5-401(d), (e), (i), 5-901(h), (i), (bb), 5-1001(c), (h), 5-1401(m), 5-1501(a)(8), (a)(11); 2008, ch. 306, § 2; ch. 498, § 2.]