§ 1-101. Definitions

   (a) In general. -- In this article the following words have the meanings indicated.

** REVISOR'S NOTE
 
   This subsection is new language rev without substantchange from former Art. 24, § 1-101(a) and Art. 25, § 1(a).

** REVISOR'S NOTE
 
   The former phrase "[u]nless the context clearly requ otherw' is deleted as surplusage.

(b) Charter county. --

   (1) "Charter county" means a county that has adopted charter home rule under Article XI-A of the Maryland Constitution.

   (2) "Charter county" does not include Baltimore City.

** REVISOR'S NOTE
 
   Paragraph (1) of this subsection is new language der without substantive change from former Art. 25, § 1(b).

** REVISOR'S NOTE
 
   Paragraph (2) of this subsection is new language added for clarity because the charter of Baltimore City is also adopted under Article XI-A of the Maryland Constitution and, since Baltimore City is included in the definition of a county, under paragraph (1) of this subsection, Baltimore City would be considered a charter county; however, most of the references to a charter county in this article are not intended to apply to Baltimore City. Baltimore City is specifically referenced wherever a reference in this article to a charter county is intended to apply to Baltimore City.

** REVISOR'S NOTE
 
   The reference to a county that has adopted "charter" home rule is added for clarity.

** REVISOR'S NOTE
 
   Throughout this article, the defined term "charter county" is substituted for the former references to "chartered county", "county that has adopted a charter under Article XI-A of the Maryland Constitution", and other variations of those references for consistency.

** DEFINED TERM:
 

   "County"                                                             § 1-101

**

(c) Code county. -- "Code county" means a county that has adopted code home rule under Article XI-F of the Maryland Constitution.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 25, § 1(c) and Art. 25B, § 1(a).

REVISOR'S NOTE
 
   The reference to "code" home rule is added for clarity.

REVISOR'S NOTE
 
   The former parenthetical phrase "as defined in Article XI-F of the Maryland Constitution, § 1" is deleted as unnecessary in light of the reference to adopting code home rule "under Article XI-F of the Maryland Constitution".

REVISOR'S NOTE
 
   The former reference to a code county "not [being] a charter county under Article XI-A of the Maryland Constitution" is deleted as unnecessary in light of the reference to adopting home rule "under Article XI-F of the Maryland Constitution".

REVISOR'S NOTE
 
   The former reference to the "optional powers of" home rule is deleted as unnecessary in light of Article XI-F, § 1 of the Maryland Constitution, which describes the powers as "optional".

REVISOR'S NOTE
 
   The former reference to the powers of home rule under "this article [former Article 25B]" is deleted as unnecessary because those powers would be encompassed by the powers under Article XI-F of the Maryland Constitution.

"County"                                                                § 1-101

**

(d) Commission county. -- "Commission county" means a county that has not adopted charter or code home rule.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 25, § 1(d).

REVISOR'S NOTE
 
   The reference to a county that "has not adopted charter or code home rule" is substituted for the former reference to a county that "has not adopted home rule" for clarity.

REVISOR'S NOTE
 
   Throughout this article, the defined term "commission county" is substituted for the former references to "commissioner county", "county commissioner county", and other variations of those references for consistency.

DEFINED TERMS:
 

   "Charter county"                                                     § 1-101
 
   DEFINED TERMS:
 
   "Code county"                                                        § 1-101
 
   DEFINED TERMS:
 
   "County"                                                             § 1-101

**

(e) 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. 24, § 1-101(b).

DEFINED TERM:
 

   "State"                                                              § 1-101

**

(f) Governing body. -- "Governing body" means: **

   (1) for Baltimore City, the Mayor and City Council of Baltimore City;**

   (2) for a charter county: **

      (i) that does not have an elected chief executive officer, the county council; or **

      (ii) that has an elected chief executive officer, the county council or the county council and the county executive, as provided by the county charter; **

   (3) for a code county, the county commissioners; **

   (4) for a commission county, the county commissioners; and **

   (5) for a municipality, the body provided under the municipal charter.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 25, § 1(e).

REVISOR'S NOTE
 
   In item (2) of this subsection, the references to a charter county that "does not have an elected chief executive officer" and that "has an elected chief executive officer" are added for clarity.

REVISOR'S NOTE
 
   In item (3) of this subsection, the former phrase "as provided by local law" is deleted as surplusage.

DEFINED TERMS:
 

   "Charter county"                                                     § 1-101
 
   DEFINED TERMS:
 
   "Code county"                                                        § 1-101
 
   DEFINED TERMS:
 
   "Commission county"                                                  § 1-101
 
   DEFINED TERMS:
 
   "County"                                                             § 1-101
 
   DEFINED TERMS:
 
   "Municipality"                                                       § 1-101

**

(g) Municipality. -- "Municipality" means a municipality that is organized under Article XI-E of the Maryland Constitution.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from the first sentence of former Art. 23A, § 9(a).

REVISOR'S NOTE
 
   The reference to a municipality "that is organized under" Article XI-E is substituted for the former reference to a municipality "now or hereafter created under any general or special law of this State for general governmental purposes, which are subject to the provisions of" Article XI-E for brevity.

REVISOR'S NOTE
 
   The former reference to "possess[ing] legislative, administrative, and police powers for the general exercise of municipal powers" is deleted as surplusage. Similarly, the former reference to "carry[ing] on such functions through a set of elected or other officials" is deleted.

REVISOR'S NOTE
 
   The second sentence of former Art. 23A, § 9(a), which listed types of entities not included in the definition of "municipality", is deleted because the entities listed are not organized under Article XI-E of the Maryland Constitution and therefore could not be construed as being included in the definition of municipality. Similarly, former Art. 23A, § 9(b) and the fifth sentence of (a), which listed specific entities not included in the definition of "municipality", are deleted in light of the fact that the entities listed are not organized under Article XI-E of the Maryland Constitution and therefore could not be construed as being included in the definition of municipality.

REVISOR'S NOTE
 
   Throughout this article, the defined term "municipality" is substituted for the former references to "municipal corporation", "city", "town", "village", and other variations of those references for consistency. **

(h) 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. 24, § 1-101(d).

REVISOR'S NOTE
 
   The term conforms to the same term defined in other recently revised articles of the Code. See e.g., EC § 1-101(d), IN § 1-101(dd), CS § 1-101(l), CP § 1-101(l), and PS § 1-101(c).

REVISOR'S NOTE
 
   The definition of "person" in this subsection does not include a governmental entity or unit.

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

(i) 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 new language derived without substantive change from former Art. 24, § 1-101(e). Paragraph (2) of this subsection is new language added to provide an express definition of the term "State".

REVISOR'S NOTE
 
   The term conforms to the same term defined in other recently revised articles of the Code. See e.g., EC § 1-101(g) and PU § 16-101(k). **

(j) Tax collector. -- "Tax collector" means the person or governmental unit responsible for collecting a tax.

REVISOR'S NOTE
 
   This subsection formerly was Art. 24, § 1-101(f).

DEFINED TERM:
 

   "Person"                                                             § 1-101

HISTORY: An. Code 1957, art. 23A, § 9(a), art. 24, § 1-101(a), (b), (d)-(f), art. 25, § 1(a)-(e), art. 25B, § 1(a); 2013, ch. 119, § 2.