Ch. 11

LAWS OF MARYLAND

DRAFTER'S NOTE: This deletes extraneous punctuation in
Article 101, § 16(3)(e). The extraneous punctuation
is commas. The first extraneous comma is a publishing
error which occurred in the printing of the 1986
Supplement to the 1985 Replacement Volume for Volume 8
of the Annotated Code. All of the remaining extraneous
commas were contained in Ch. 800 of the Acts of 1914.

The extraneous commas were noted by the Michie
Company.

21.

(a)  The following shall constitute employers subject to the
provisions of this [act] ARTICLE:

(1)  Every person that has in the State one or more
employees subject to this [act] ARTICLE.

(2)  The State, any agency thereof, and each county,
city, town, township, incorporated village, school district,
sewer district, drainage district, public or quasi-public
corporation, or any other political subdivision of the State that
has one or more employees subject to this [act] ARTICLE.

(b)  The following shall constitute employees subject to the
provisions of this [act] ARTICLE, except as exempted under
subsection (c) of this section:

(4)  Every person in the service of any political
subdivision or agency thereof, under any contract of hire,
express or implied, and every official or officer thereof,
whether elected or appointed, while performing his official
duties. Except as provided in [§ 21(c)(5) of this article]
SUBSECTION (C)(5) OF THIS SECTION, every person who is a member
of a volunteer fire or rescue squad or police department shall be
deemed for the purpose of this [act] ARTICLE, to be in the
employment of the political subdivision of the State where the
department is organized. Except as provided in [§ 21(c)(5) of
this article] SUBSECTION (C)(5) OF THIS SECTION, every person who
is a regularly enrolled volunteer member or trainee of the civil
defense corps of this State as established under the Maryland
EMERGENCY MANAGEMENT AND Civil Defense Act shall be deemed, for
the purposes of this [act] ARTICLE, to be in the employment of
the State.

(5)  Every person performing services for remuneration
in the course of the trade, business, profession or occupation of
an employer at the time of the injury, provided such person in
relation to this service does not maintain a separate business,
does not hold himself out to and render service to the public and
not himself an employer subject to this [act] ARTICLE.

- 264 -