Section 10-301 - Definitions.
§ 10-301. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 43C, § 3.
In this subsection, the former qualification "unless the context indicates another or different meaning or intent" is deleted as an unnecessary statement of a standard rule of statutory construction that applies to all definitions.
(b) Authority.- "Authority" means the Maryland Health and Higher Educational Facilities Authority.
Revisor's Note.
This subsection formerly was Art. 43C, § 3(a).
In this subsection, the former phrase "created by § 4 of this article or any board, body, commission, department, or officer succeeding to the principal functions thereof" is deleted in light of § 10-306 of this subtitle.
The only other changes are in style.
(c) Bond.-
(1) "Bond" means a bond issued by the Authority under this subtitle.
(2) "Bond" includes a revenue bond, a revenue refunding bond, a note, and any other obligations.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 43C, § 3(e).
The former qualification "notwithstanding that the same may be secured by mortgage or the full faith and credit of a participating institution for higher education or noncollegiate educational institution or a participating hospital or any other lawfully pledged security of a participating institution for higher education or noncollegiate educational institution or a participating hospital" is deleted as surplusage.
Defined Terms.
"Authority" § 10-301
(d) Cost.- "Cost", with respect to a project financed under this subtitle, includes:
(1) the purchase price of a project;
(2) the cost to acquire any right, title, or interest in a project;
(3) the cost of any improvement;
(4) the cost of any property, right, easement, and franchise;
(5) the cost of demolition, removal, or relocation of structures;
(6) the cost of acquiring land to which the structures may be moved;
(7) the cost of equipment;
(8) financing charges;
(9) interest before and during construction and, if the Authority determines, for a limited period after the completion of construction;
(10) reserves for principal and interest and for improvements;
(11) the cost of revenue and cost estimates, architectural, engineering, financial, and legal services, plans, specifications, studies, surveys, and other expenses necessary or incident to determining the feasibility of improving a project; and
(12) other expenses as necessary or incident to:
(i) financing a project;
(ii) acquiring and improving a project; and
(iii) placing a project in operation.
Revisor's Note.
(iii) This subsection is new language derived without substantive change from former Art. 43C, § 3(c).
(iii) In item (6) of this subsection, the former reference to "machinery" is deleted as redundant of the references to "equipment".
Defined Terms.
"Authority" § 10-301
"Finance" § 10-301
"Improve" § 10-301
"Improvement" § 10-301
"Participating institution" § 10-301
"Project" § 10-301
(e) Educational institution.- "Educational institution" means an institution of higher education or a noncollegiate educational institution.
Revisor's Note.
This subsection is new language added to avoid repetition of the phrase "institution of higher education or noncollegiate educational institution" and its variants.
Defined Terms.
"Institution of higher education" § 10-301
"Noncollegiate educational institution" § 10-301
(f) Finance.- "Finance" includes refinance.
Revisor's Note.
This subsection is new language added to avoid repetition of the phrase "finance or refinance" and its variants and for consistency within this title.
(g) Health care institution.-
(1) "Health care institution" means an institution in the State that is operated by a person, a local government, or, subject to paragraph (3) of this subsection, the State, is available to the public, and is:
(i) a not-for-profit hospital as defined under § 19-301 of the Health - General Article that:
1. is licensed as a hospital by the Secretary of Health and Mental Hygiene under § 19-318 of the Health - General Article; or
2. has obtained a certificate of need issued by the Maryland Health Care Commission under § 19-120 of the Health - General Article, but is not licensed as a hospital by the Secretary of Health and Mental Hygiene under § 19-318 of the Health - General Article;
(ii) a not-for-profit related institution as defined under § 19-301 of the Health - General Article that is licensed as a related institution by the Secretary of Health and Mental Hygiene under § 19-318 of the Health - General Article;
(iii) a combination of institutions listed in items (i) and (ii) of this paragraph;
(iv) except as provided in paragraph (3) of this subsection:
1. a not-for-profit comprehensive health center that provides outpatient primary health services available to the general public; or
2. a not-for-profit life care or continuing care community that provides self-contained residence facilities for the retired or elderly;
(v) any combination of health care entities listed in item (iv) of this paragraph;
(vi) an entity affiliated or associated with an institution listed in items (i) through (v) of this paragraph, if the Authority determines by resolution that the financing of a project for the entity serves the public purpose of that institution; or
(vii) a not-for-profit health service plan that holds a certificate of authority and provides health insurance policies or contracts in the State in accordance with the Insurance Article.
(2) "Health care institution" includes a not-for-profit corporation organized to construct or acquire an institution under paragraph (1) of this subsection.
(3) "Health care institution" does not include a facility described in paragraph (1)(iv) of this subsection that is owned and operated by the State, except for the following facilities if approved by the Board of Public Works and the Joint Audit Committee:
(i) a not-for-profit comprehensive health center that is a medical or health care facility of the University System of Maryland; or
(ii) a not-for-profit life care or continuing care community that provides self-contained residence facilities for the retired or elderly.
(4) For purposes of this subsection the facilities of the University of Maryland Medical System Corporation are not considered to be owned and operated by the State.
SPECIAL REVISOR'S NOTE
As enacted by Ch. 306, Acts of 2008, this subsection was new language derived without substantive change from former Art. 43C, § 3(h). However, Ch. 307, Acts of 2008, substituted the word "self-contained" for the former erroneous word "self-continued" for accuracy. Also, a tabulation error was corrected by redesignating paragraph (3)1 and 2 of this subsection, respectively, as paragraph (3)(i) and (ii) of this subsection, respectively, in accordance with § 6 of Ch. 36, Acts of 2008.
In paragraph (1)(i)2 of this subsection, Ch. 306 substituted the phrase "has obtained a certificate of need issued by the Maryland Health Care Commission under § 19-120 of the Health - General Article, but is not licensed as a hospital by the Secretary of Health and Mental Hygiene under § 19-318 of the Health - General Article" for the former phrase "in the case of a new institution, having a prelicensing certification or recertification from the State Health Planning and Development Agency and being or to be, in fact, a health care facility available to the general public maintained and operated as a not-for-profit institution by some person, association, municipal or other corporation, or other agency, or a not-for-profit corporation organized for the purpose of constructing or acquiring such a hospital, related institution or combination of a hospital and a related institution" for clarity and brevity.
Defined Terms.
"Person" § 9-101
"State" § 9-101
(h) Improve.- "Improve" means to add, alter, construct, equip, expand, extend, improve, install, reconstruct, rehabilitate, remodel, or repair.
Revisor's Note.
This subsection is new language added for brevity and clarity.
(i) Improvement.- "Improvement" means addition, alteration, construction, equipping, expansion, extension, improvement, installation, reconstruction, rehabilitation, remodeling, or repair.
Revisor's Note.
This subsection is new language derived in part without substantive change from former Art. 43C, § 3(d) and patterned in part on the term "improvement" defined in § 10-101 of this title.
(j) Institution of higher education.-
(1) "Institution of higher education" means an educational institution in the State that:
(i) by law or charter:
1. is a public or not-for-profit educational institution; and
2. is authorized to provide:
A. a program of education beyond the high school level and award a bachelor's or advanced degree; or
B. a program of 2 or more years' duration that is accepted for full credit toward a bachelor's degree; and
(ii) meets the standards and regulations that the Maryland Higher Education Commission prescribes, and is authorized to issue a certificate, diploma, or degree under Title 12 of the Education Article.
(2) "Institution of higher education" includes:
(i) a community college for which a board of community college trustees is established under § 16-101 of the Education Article;
(ii) a regional community college established under § 16-202 of the Education Article;
(iii) the Baltimore City Community College established under § 16-501 of the Education Article; and
(iv) the College of Southern Maryland established under § 16-603 of the Education Article.
(3) "Institution of higher education" does not include an institution owned and operated by the State other than an institution listed in paragraph (2) of this subsection.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 43C, § 3(f)(1).
Defined Terms.
"State" § 9-101
(k) Noncollegiate educational institution.- "Noncollegiate educational institution" means a noncollegiate educational institution as defined in § 2-206 of the Education Article that:
(1) has received a certificate of approval from the State Board of Education; or
(2) is an institution operated by a bona fide church organization.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 43C, § 3(f)(2).
(l) Participating institution.- "Participating institution" means a participating educational institution or a participating health care institution that receives assistance under this subtitle.
Revisor's Note.
This subsection is new language added to avoid repetition of the phrase "participating educational institution" or "participating health care institution".
Defined Terms.
"Participating educational institution" § 10-301
"Participating health care institution" § 10-301
(m) Project.-
(1) With respect to an educational institution:
(i) "project" means a structure or facility that is required or useful for an educational institution;
(ii) "project" includes:
1. a structure suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance facility, storage facility, utility facility, or parking facility; and
2. equipment and other similar items; and
(iii) "project" does not include books, fuel, supplies, or other items that customarily result in a current operating charge.
(2) With respect to a health care institution:
(i) "project" means a structure or facility that is required or useful for the effective operation of a health care institution;
(ii) "project" includes:
1. a structure suitable for use as a hospital, clinic, or other health care facility, laboratory, training facility for nursing or another health program, laundry, a residence for nurses or interns, or a parking facility; and
2. equipment and other similar items; and
(iii) "project" does not include fuel, supplies, or other items that customarily result in a current operating charge.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 43C, § 3(b).
In paragraph (1)(ii) of this subsection, the former phrases "for the instruction of students", "the conducting of research", and "the operation of an institution for higher education or a noncollegiate educational institution", are deleted as implicit in the facilities and structures to which this paragraph refers.
In paragraph (1)(ii)2 and (2)(ii)2 of this subsection, the former references to "machinery" are deleted as redundant of the references to "equipment".
In paragraph (2)(ii) of this subsection, the former phrase "and other facilities or structures essential or convenient for the orderly operation of a hospital, and shall also include" is deleted as superfluous.
Defined Terms.
"Health care institution" § 10-301
"Institution of higher education" § 10-301
"Noncollegiate educational institution" § 10-301
(n) Sinking fund.- "Sinking fund" means a fund established under § 10-328 of this subtitle.
Revisor's Note.
This section is new language added for clarity.
(o) Trust agreement.-
(1) "Trust agreement" means an agreement entered into by the Authority to secure a bond.
(2) "Trust agreement" may include a bond contract, bond resolution, or other contract with or for the benefit of a bondholder.
Revisor's Note.
This subsection is new language added for clarity.
Defined Terms.
"Authority" § 10-301
"Bond" § 10-301
[An. Code 1957, art. 43C, § 3 (intro. lang.), (a)-(f), (h); 2008, ch. 36, § 6; ch. 306, § 2; ch. 307, § 1.]