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Martin O'Malley, Governor
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Ch.3
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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.
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".
Also throughout this article, for clarity and consistency, references to "the
public" or "members of the public" are substituted for former references 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, the term "municipal corporation" is
substituted for former references such as "municipality", "incorporated city",
"incorporated town", and "incorporated municipality" to conform to Art. XI-E of the
Maryland Constitution.
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- 581 -
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