ROBERT L. EHRLICH, JR., Governor

Ch. 5

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

ARTICLE - PUBLIC SAFETY

TITLE 1. DEFINITIONS; GENERAL PROVISIONS.

SUBTITLE 1. DEFINITIONS.
1-101. DEFINITIONS.

(A)     IN GENERAL.

IN THIS ARTICLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

REVISOR'S NOTE: This subsection is new language added as the standard
introductory language to a definition section.

(B)     COUNTY.

"COUNTY" MEANS A COUNTY OF THE STATE OR BALTIMORE CITY.

REVISOR'S NOTE: This subsection is standard language added to indicate that
a reference in this article to a "county" includes Baltimore City unless the
reference specifically provides otherwise. See, e.g., IN § 1-101(1), PUC §
1-101(g), CP § 1-101(d), and CR § 1-101(d).

Article 1, § 14(a) 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
Public Safety Article Review Committee decided that an explicit definition
of "county" should be included in this article.

(C)     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 standard language added to provide an
express definition of the term "person" in this and other revised articles of
the Code. See, e.g., IN § 1-101(dd), CS § 1-101(1), and CP § 1-101(1).

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 units, 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).

As to the term "personal representative", see Art. 1, § 5.

(D)     STATE.

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