ROBERT L. EHRLICH, JR., Governor

Ch. 5

(2) THE BURDEN OF PROOF OF AN EXCEPTION, EXCUSE, PROVISO, OR
EXEMPTION IS ON THE DEFENDANT OR THE HOLDER OF ANY ALLEGED SECURITY
INTEREST, AS THE CASE MAY BE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 34G.

In the introductory language of this section, the former references to any
"complaint, information, or indictment" and any "proceeding" are deleted
as included in the reference to an "action". See Maryland Rule 1-202(a),
which defines the term "action" to mean "collectively all the steps by which
a party seeks to enforce any right in a court or all the steps of a criminal
prosecution".

GENERAL REVISOR'S NOTE TO SUBTITLE:

Former Art. 38A, § 36, which provided for the severability of provisions in this
subtitle, is deleted as unnecessary in light of the general severability provision in Art.
1, § 23.

SUBTITLE 2. EXPLOSIVES ADVISORY COUNCIL.
11-201. DEFINITIONS.

(A)     IN GENERAL.

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

REVISOR'S NOTE: This subsection formerly was Art. 88B, § 30A(a)(1).

The reference to this "subtitle" is substituted for the former reference to
this "section" to reflect the reorganization of former § 30A as a subtitle in
this revision.

No other changes are made.

(B)     COUNCIL.

"COUNCIL" MEANS THE EXPLOSIVES ADVISORY COUNCIL.

REVISOR'S NOTE: This subsection is new language added to avoid repetition
of the full title "Explosives Advisory Council".

(C)     DEPARTMENT.

"DEPARTMENT" MEANS THE DEPARTMENT OF STATE POLICE.
REVISOR'S NOTE: This subsection formerly was Art. 88B, § 30A(a)(2).
No changes are made.

(D)     EXPLOSIVES.

(1) "EXPLOSIVES" MEANS CHEMICAL COMPOUNDS, MIXTURES, OR
DEVICES, THE PRIMARY PURPOSE OF WHICH IS TO FUNCTION BY EXPLOSION.

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