§ 9-101. 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).

** REVISOR'S NOTE
 
   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 not under the jurisdiction of the Department of Business and Economic Development in this division, in contrast to material from that former article under the Department's jurisdiction that is revised in Division I of this article.

** REVISOR'S NOTE
 
   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. 41, § 14-101(f).

** REVISOR'S NOTE
 
   It is restated in standard language for consistency with Division I of this article and 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).

** REVISOR'S NOTE
 
   Former Art. 41, § 14-101(f) applied only to the Economic Development Revenue Bond Act revised in Title 11, Subtitle 1 of this article. 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, § 1-101 of this article.

** DEFINED TERM:
 

   "State"                                                              § 9-101

**

(c) Department. -- "Department" means the Department of Business and Economic Development.

REVISOR'S NOTE
 
   This subsection formerly was Art. 83A, § 1-101(b).

REVISOR'S NOTE
 
   No 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 formerly was Art. 41, § 13-501(h)(1) and Art. 83A, § 5-1701(i)(1).

REVISOR'S NOTE
 
   No changes are made.

REVISOR'S NOTE
 
   Although the term "person" defined in this subsection originally applied only to the Maryland Agricultural and Resource-Based Industry Development Corporation revised in Title 10, Subtitle 5 and the local redevelopment authorities revised in Title 11, Subtitle 3 of this article, it is revised to apply to all independent and regional development units and resources in this division. 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(n), and PS § 1-101(c). No substantive change is intended. See, also, § 1-101 of this article.

REVISOR'S NOTE
 
   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).

REVISOR'S NOTE
 
   See, also, § 1-101 of this article.

REVISOR'S NOTE
 
   As to the term "personal representative", see Art. 1, § 5. **

(e) Secretary. -- "Secretary" means the Secretary of Business and Economic Development.

REVISOR'S NOTE
 
   This subsection formerly was Art. 83A, § 1-101(d).

REVISOR'S NOTE
 
   No changes are made. **

(f) 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).

REVISOR'S NOTE
 
   Paragraph (2) of this subsection formerly was Art. 83A, § 1-101(e).

REVISOR'S NOTE
 
   In paragraph (1) of this subsection, the phrase "[e]xcept as provided in paragraph (2) of this subsection," is added for clarity.

REVISOR'S NOTE
 
   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.

REVISOR'S NOTE
 
   The only other change is in style.

REVISOR'S NOTE
 
   See, also, § 1-101 of this article.

HISTORY: An. Code 1957, art. 41, § 13-501(h)(1), 14-101(f); art. 83A, § 1-101(a), (b), (d), (e), 5-1701(i)(1); 2008, ch. 306, § 2.