Home Table of Contents

Refs & Annos

West's Annotated Code of MarylandEconomic Development

West's Annotated Code of Maryland
Economic Development
MD Code, Economic Development, Refs & Annos

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2008, c. 306):
GENERAL REVISOR'S NOTE TO ARTICLE
The Department of Legislative Services is charged with revising the law in a clear, concise, and organized manner, without changing the effect of the law. One precept of revision has been that, once something is said, it should be said in the same way every time. To that end, the Economic Development Article Review Committee conformed the language and organization of this article to that of previously enacted revised articles to the extent possible.
It is the manifest intent both of the General Assembly and the Economic Development Article Review Committee that this bulk revision of the substantive economic development law of the State render no substantive change. The guiding principle of the preparation of this article is that stated in Welch v. Humphrey, 200 Md. 410, 417 (1952):
[T]he principal function of a Code is to reorganize the statutes and state them in simpler form. Consequently, any changes made in them by a Code are presumed to be for the purpose of clarity rather than change of meaning. Therefore, even a change in the phraseology of a statute by a codification thereof will not ordinarily modify the law, unless the change is so radical and material that the intention of the Legislature to modify the law appears unmistakably from the language of the Code. (citations omitted)
Accordingly, except to the extent that changes, which are noted in Revisor's Notes, clarify the former law, the enactment of this article in no way is intended to make any change to the substantive law of Maryland. This intent is further stated in uncodified language included in the enactment of this article. See § 11 of Ch. 306, Acts of 2008.
Throughout this article, as in other revised articles, the word “regulations” generally is substituted for former references to “rules and regulations” to distinguish, to the extent possible, between regulations of executive units and rules of judicial or legislative units and to establish consistency in the use of the words. This substitution conforms to the practice of the Division of State Documents.
Also throughout this article, for consistency and to avoid unnecessary confusion, the singular verb “adopt” is used in relation to rules or regulations, and verbs such as “prescribe” and “promulgate” are deleted. The procedures to be followed in adopting regulations are set forth in Title 10, Subtitle 1 of the State Government Article.
Also throughout this article, for consistency, the word “law” is substituted for former phrases such as “law or regulation” because the broad reference to a “law” includes a “regulation” adopted under the authority of a law. See, e.g., Maryland Port Administration v. Brawner Contracting Co., 303 Md. 44, 60 (1985).
Also throughout this article, for accuracy, references to “compensation” are substituted for former references to “salary” when referring to remuneration that is provided to an individual in the State budget. The term “compensation” is substituted for the term “salary” to include nonsalary benefits that are provided in the State budget (e.g., retirement and health care benefits). These substitutions do not make substantive changes in law because references to “compensation” in these contexts are always restricted by the phrase “as provided in the State budget”. Similarly, the phrase “as a member of the board” is added to provisions restricting compensation of members of boards, commissions, and similar units to clarify that the prohibition on receipt of compensation only applies to a member of the unit in the capacity of that individual as a member.
Also throughout this article, for accuracy, references to “money” are substituted for the former references to “funds” to avoid confusion between an account, referred to as a “fund”, and the monetary resources included within or allocated to that account, sometimes referred to as “funds” in the former law.
Also throughout this article, in provisions that establish an office for an officer or member of a unit with a defined, specific length of term, references to removal of the officer or member “with or without cause” are substituted for the former references to service “at the pleasure” of the appointing authority. The concept of service “at the pleasure” implies service for an indefinite term. For an office with a definite term, the concept of service “at the pleasure” implies the ability to remove the officer or member at will, regardless of the term of office specified in law. This distinguishes the particular office from the offices without a stated service or removal provision, under which the common standards for removal include conviction of a crime, failure to attend meetings, incompetence, or misconduct. See Md. Constitution, Art. XV, § 2; SG § 8-501; cf. former Art. 41, § 8-102(c) through (e); BR § 8-202(g). The substitution is not intended to affect the authority of the appointing body to adopt certain or different conditions concerning removal with cause and removal without cause.
Also throughout this article, for clarity and consistency with other recently revised articles, references to “the public”, “members of the public”, and “residents” are substituted for former phrases such as “the citizens of this State” and “the citizens of Maryland” because the meaning of the word “citizen” in this context is unclear.
Also throughout this article, for consistency with other recently revised articles, the term “municipal corporation” is substituted for former references such as “municipality”, “incorporated city”, “incorporated town”, and “incorporated municipality” to conform to Article XI-E of the Maryland Constitution.
Also throughout this article, for consistency, the former phrase “real or personal”, which formerly modified the comprehensive term “property”, is deleted to avoid the implication that there is any other form of property which is neither real nor personal. Similarly, the phrases “tangible or intangible” and “tangible, intangible, or mixed”, which formerly modified the comprehensive term “property” are deleted to avoid the implication that there is any other form of property that is not tangible, intangible, or that has a mixture of attributes other than tangible and intangible attributes. Also similarly, former references to “interests in” property, in conjunction with references to “property”, are deleted as implicit in the comprehensive references to “property”. Unless otherwise qualified by specific terms such as “real” or “personal”, any reference to “property” in this article means property of any sort, real or personal, tangible or intangible, or with any permissible mixture of those attributes, even in conjunction with a phrase such as an “interest in land”. See, e.g., §§ 10-116(a)(2), 10-315(a)(1)(i), 10-410(2), 10-511(2), 10-601(d)(2)(i), and other similar provisions of this article.
For the first time, the statutory definitions applicable to an entire article distinguish between the term “state” when not capitalized, meaning any state or territory of the United States, and the term “State” when capitalized, meaning Maryland alone. This codifies the drafting convention used by the Department of Legislative Services in preparing revised articles and all recently enacted legislation. See §§ 1-101 and 9-101 of this article.
In some provisions in this article, as in other revised articles, the term “unit” is substituted for former references to State entities such as an “agency”, “department”, “division”, “office”, “commission”, “board”, “committee”, and “council”. In revised articles of the Code, the term “unit” is used as the general term for an organization in the State government because it is broad enough to include all such entities.
References to current units and positions are substituted for obsolete references to entities and positions that have been abolished or have otherwise ceased to exist.
References to the “chair” and “vice-chair”, respectively, are substituted for former references to the “chairman” and “vice-chairman”, respectively, because § 2-1238 of the State Government Article requires, to the extent practicable, the use of words that are neutral as to gender. Similar substitutions are made to other former gender-specific terms.
In provisions establishing special funds, references to these funds not being subject to “reversion under” § 7-302 of the State Finance and Procurement Article are added to give users of the article a sense of the subject of the latter provision, i.e. reversion to the General Fund, without requiring them to look it up independently.
In some “Membership” provisions in this article, there is a subsection captioned “Tenure; vacancies”. A standard paragraph included in those subsections provides that a “member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies”. This paragraph applies: (1) when a successor is appointed to replace a member who has died, resigned, or failed for any other reason to complete a term; (2) when a member is appointed to succeed a member who has “held over” into the next term, pending the delayed appointment and qualification of the successor; or (3) when, in any other situation, a member takes office after a term has begun, e.g., when, at the completion of a term, there is a delay in the appointment of a successor but the member who served the prior term does not “hold over”. Similarly, several former provisions which provided that a vacancy on a board, commission, or similar unit does not impair the right of a quorum to act, are deleted as an unnecessary restatement of the common-law rule. See McQuillen, Municipal Corporations, § 13.30 at 878 (3rd ed. rev'd 2002).
In provisions governing bonding authorities, principally in Title 10 of this article, references to a trust “agreement” are substituted for the former references to a trust “indenture” to reflect current terminology in bond practice. Cf. § 10-301(o) of this article, which defines “trust agreement”. Similarly, references to a “competitive or negotiated” sale of bonds are substituted for references to a “public or private” sale to reflect current terminology.
Some apparently obsolete provisions allocated to the Economic Development Article are transferred to the Session Laws for historical purposes or to avoid any inadvertent substantive effect their repeal might have.
In some instances, the staff of the Department of Legislative Services may create “Special Revisor's Notes” to reflect the substantive effect of legislation enacted during the 2008 Session on some provisions of this article.
Publisher's Note: The text of this Revisor's Note, drafted by the Department of Legislative Services, was corrected following enactment of Acts 2008, c. 306.
HISTORICAL AND STATUTORY NOTES
2008 Legislation
Acts 2008, c. 306, § 2, added the Economic Development Article.
Acts 2008, c. 306, §§ 11 to 18, provide:
“SECTION 11. AND BE IT FURTHER ENACTED, That it is the intention of the General Assembly that, except as expressly provided in this Act, this Act shall be construed as a nonsubstantive revision, and may not otherwise be construed to render any substantive change in the law of the State.
“SECTION 12. AND BE IT FURTHER ENACTED, That the catchlines, captions, Revisor's Notes, Special Revisor's Notes, and General Revisor's Notes contained in this Act are not law and may not be considered to have been enacted as a part of this Act.
“SECTION 13. AND BE IT FURTHER ENACTED, That nothing in this Act affects the term of office of an appointed or elected member of any commission, office, department, agency, or other unit. An individual who is a member of a unit on the effective date of this Act shall remain a member for the balance of the term to which appointed or elected, unless the member sooner dies, resigns, or is removed under provisions of law.
“SECTION 14. AND BE IT FURTHER ENACTED, That, except as expressly provided to the contrary in this Act, any transaction or employment status affected by or flowing from any change of nomenclature or any statute amended, repealed, or transferred by this Act and validly entered into or existing before the effective date of this Act and every right, duty, or interest flowing from a statute amended, repealed, or transferred by this Act remains valid after the effective date of this Act and may be terminated, completed, consummated, or enforced as required or allowed by any statute amended, repealed, or transferred by this Act as though the repeal, amendment, or transfer had not occurred. If a change in nomenclature involves a change in name or designation of any State unit, the successor unit shall be considered in all respects as having the powers and obligations granted the former unit.
“SECTION 15. AND BE IT FURTHER ENACTED, That the continuity of every commission, office, department, agency, or other unit is retained. The personnel, records, files, furniture, fixtures, and other properties and all appropriations, credits, assets, liabilities, and obligations of each retained unit are continued as the personnel, records, files, furniture, fixtures, properties, appropriations, credits, assets, liabilities, and obligations of the unit under the laws enacted by this Act.
“SECTION 16. AND BE IT FURTHER ENACTED, That, except as expressly provided to the contrary in this Act, any person licensed, registered, certified, or issued a permit or certificate by any commission, office, department, agency, or other unit established or continued by any statute amended, repealed, or transferred by this Act is considered for all purposes to be licensed, registered, certified, or issued a permit or certificate by the appropriate unit continued under this Act for the duration of the term for which the license, registration, certification, or permit was issued, and may renew that authorization in accordance with the appropriate renewal provisions of this Act.
“SECTION 17. AND BE IT FURTHER ENACTED, That this Act does not rescind, supersede, change, or modify any rule adopted by the Court of Appeals that is or was in effect on the effective date of this Act concerning the practice and procedure in and the administration of the appellate courts and the other courts of this State.
“SECTION 18. AND BE IT FURTHER ENACTED, That the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross-references and terminology rendered incorrect by this Act or by any other Act of the General Assembly of 2008 that affects provisions enacted by this Act. The publisher shall adequately describe any such correction in an editor's note following the section affected.”
MD Code, Economic Development, Refs & Annos, MD ECON DEV Refs & Annos
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.