Section 2-101 - Definitions.
§ 2-101. Definitions.
(a) In general.- In this title the following words have the meanings indicated.
Revisor's Note.
This subsection is new language derived without substantive change from the introductory language of former Art. 88B, § 2.
The former phrase "unless the context manifestly indicates a different meaning" is deleted as an unnecessary statement of a general rule of statutory construction.
(b) Civilian classification.- "Civilian classification" means the position held by a civilian employee.
Revisor's Note.
This subsection formerly was Art. 88B, § 2(1).
No changes are made.
Defined Terms.
"Civilian employee" § 2-101
(c) Civilian employee.- "Civilian employee" means an employee of the Department other than a police employee.
Revisor's Note.
This subsection is new language derived without substantive change from the first and third sentences of former Art. 88B, § 2(4).
Defined Terms.
"Department" § 2-101
"Police employee" § 2-101
(d) Commissioned rank.-
(1) "Commissioned rank" means the ranks of Lieutenant, Captain, Major, and Lieutenant Colonel.
(2) "Commissioned rank" does not include the Secretary.
Revisor's Note.
This subsection is new language derived without substantive change from the first and third sentences of former Art. 88B, § 2(2).
In paragraph (1) of this subsection, the general reference to the rank of "Lieutenant" is substituted for the former specific references to the ranks of "Second Lieutenant" and "First Lieutenant". According to the consultant from the Department of State Police to the Public Safety Article Review Committee, the rank of Second Lieutenant is obsolete.
Defined Terms.
"Secretary" § 2-101
(e) Department.- "Department" means the Department of State Police.
Revisor's Note.
This subsection formerly was Art. 88B, § 2(3).
No changes are made.
(f) Grade.- "Grade" means the status of police employees that have the same primary areas of duty and responsibility within a rank.
Revisor's Note.
This subsection formerly was the second sentence of Art. 88B, § 2(7).
The only changes are in style.
Defined Terms.
"Police employee" § 2-101
"Rank" § 2-101
(g) Law enforcement agency.-
(1) "Law enforcement agency" means a law enforcement agency of a department, county, or municipal corporation of the State.
(2) "Law enforcement agency" includes:
(i) sheriffs; and
(ii) similar agencies of other states and the United States.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 88B, § 2(5).
In paragraph (1) of this subsection, the term "municipal corporation" is substituted for the former term "municipality" to conform to Md. Constitution, Art. XI-E.
In paragraph (2) (ii) of this subsection, the former phrase "unless otherwise limited" is deleted as a general rule of statutory construction.
Defined Terms.
"County" § 1-101
"State" § 1-101
(h) Noncommissioned rank.-
(1) "Noncommissioned rank" means a rank other than a commissioned rank.
(2) "Noncommissioned rank" does not include the Secretary.
Revisor's Note.
This subsection is new language derived without substantive change from the second and third sentences of former Art. 88B, § 2(2).
In paragraph (1) of this subsection, the reference to "a rank other than a commissioned rank" is substituted for the former reference to "any other rank" for specificity and clarity.
Defined Terms.
"Commissioned rank" § 2-101
"Rank" § 2-101
"Secretary" § 2-101
(i) Police employee.- "Police employee" means an employee of the Department to whom the Secretary assigns the powers contained in § 2-412 of this title.
Revisor's Note.
This subsection is new language derived without substantive change from the first and second sentences of former Art. 88B, § 2(4).
Defined Terms.
"Department" § 2-101
"Secretary" § 2-101
(j) Rank.- "Rank" means the status, established by rule, of police employees that have the same relative position in the chain of command.
Revisor's Note.
This subsection is new language derived without substantive change from the first sentence of former Art. 88B, § 2(7).
Defined Terms.
"Police employee" § 2-101
"Rule" § 2-101
(k) Rule.-
(1) "Rule" means a rule, order, or other directive adopted by the Secretary under this article.
(2) "Rule" does not include a regulation within the meaning of Title 10, Subtitle 1 of the State Government Article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 88B, § 2(8).
In paragraph (1) of this subsection, the former reference to a "regulation" is deleted as unnecessary and confusing in light of paragraph (2) of this subsection.
In paragraph (2) of this subsection, the reference to a "regulation" is substituted for the former reference to a "rule" for clarity. The Public Safety Article Review Committee notes this substitution for consideration by the General Assembly. The former reference to a "rule" was misleading because Title 10, Subtitle 1 of the State Government Article generally covers regulations, not rules. Under SG § 10-101(g) (2), "regulation" does not include a statement that concerns only the internal management of a unit and does not directly affect the rights of the public or the procedures available to the public. "Rule" as defined in this subsection deals with the internal management of the Department of State Police and thus is not a "regulation" for purposes of the State Government Article.
The Public Safety Article Review Committee also notes, for consideration by the General Assembly, that the former reference to a rule, order, or other directive adopted by the Secretary "pursuant to this article" referred to the power of the Secretary under former Article 88B. Under the revision, the reference "under this article" encompasses the powers of the Secretary under the Public Safety Article. Because the powers of the Secretary were contained in former Article 88B, which is revised in this article, the reference "under this article" does not result in a substantive change.
Defined Terms.
"Secretary" § 2-101
(l) Secretary.- "Secretary" means the Secretary of State Police.
Revisor's Note.
This subsection formerly was Art. 88B, § 2(10).
The only change is in style.
[An. Code 1957, art. 88B, § 2 (intro. lang.), (1)-(5), (7), (8), (10); 2003, ch. 5, § 2.]