Section 1-101 - Definitions. - Maryland Statutes

§ 1-101. Definitions.
 

(a)  In general.- In this Division I of this article the following words have the meanings indicated. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 83B, § 1-101(a). 
 

The former disclaimer "unless otherwise indicated" is deleted as unnecessary because it merely repeated the normal rule of statutory construction. 

(b)  Community assistance.-  

(1) "Community assistance" means activities designed to enhance the physical, social, or economic environment of a community to improve the health, safety, or socio-economic welfare of its citizens. 

(2) "Community assistance" includes the promotion of activities specified in paragraph (1) of this subsection through the concentration and coordination in communities in the State of federal, State, regional, and local public and private resources. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 83B, § 1-101(b). 

(c)  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. 83B, §§ 1-101(c), 2-302(d), and the second sentence of 2-203(u). 
 

The former reference to "the Mayor and City Council" of Baltimore is deleted as implicit in the reference to "Baltimore City". 

(d)  Department.- "Department" means the Department of Housing and Community Development. 
   
Revisor's Note.

This subsection formerly was Art. 83B, §§ 1-101(d) and 2-1402(c). 
 

No changes are made. 

(e)  Financial assistance.-  

(1) "Financial assistance" means any form of assurance, guarantee, grant, payment, or other assistance. 

(2) "Financial assistance" includes a loan, loan guarantee, or reduction in the principal obligations of or rate of interest payable on a loan or portion of a loan. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 83B, § 1-101(e). 

(f)  Governmental unit.- "Governmental unit" means an agency, authority, board, commission, council, office, or other unit or instrumentality of the government of the State or of a political subdivision of the State. 
   
Revisor's Note.

This subsection is new language patterned after SG § 9-101 to allow one consistent reference to substantively similar entities. See General Revisor's Note to this Division I. 
  Defined Terms.


 
"County"                                                             § 1-101

(g)  Nonprofit organization.- "Nonprofit organization" means a corporation, foundation, or other legal entity, no part of the net earnings of which inures to the benefit of a private shareholder or individual holding an interest in the entity. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 83B, §§ 1-101(h), 2-501(k), 2-601(g), 2-701(g), 2-801(f), 2-1201(c), 4-202(f), and 5-601(t). 
 

The former reference to a legal entity "that specifies in its charter or bylaws" that no part of the net earnings may inure to the benefit of any private shareholder or individual holding any interest in such entity is deleted as surplusage. 
 

The former reference to a "governmental entity" is deleted as included in the reference to "other legal entity". 

(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 is new language added to provide an express definition of the term "person" for this Division I. 
 

The definition of "person" in this subsection does not include a governmental 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 Physician v. Commission on Medical Discipline, 285 Md. 1, 12-14 (1979). 

(i)  Political subdivision.- "Political subdivision" means a county or municipal corporation of the State. 
   
Revisor's Note.

This subsection is new language derived without substantive change from former Art. 83B, §§ 2-203(u), 2-302(n), 2-501(m), 2-901(b), 2-1301(d), and 2-1402(j). 
 

The former references to a municipal corporation "in Maryland subject to the provisions of Article XI-E of the Constitution" are deleted as implicit in the reference to a "municipal corporation". 
  Defined Terms.


 
"County"                                                             § 1-101

(j)  Secretary.- "Secretary" means the Secretary of Housing and Community Development. 
   
Revisor's Note.

This subsection formerly was Art. 83B, § 1-101(i). 
 

No changes are made. 
 

[An. Code 1957, art. 83B, §§ 1-101(a)-(e), (h), (i); 2-203(u), 2-302(d), (n); 2-501(k), (m); 2-601(g), 2-701(g), 2-801(f), 2-901(b), 2-1201(c), 2-1301(d), 2-1402(c), (j); 4-202(f), 5-601(t); 2005, ch. 26, § 2.]