Md. Code [Public Safety] §13-101 et seq., Definitions (Militia), 2002

Maryland Code : PUBLIC SAFETY :

TITLE 13. MILITIA

Subtitle 1. Definitions.

§ 13-101. Definitions.

(a) In general.- In this title the following words have the meanings indicated.

Revisor's Note.

This subsection is new language used as the standard introductory language to a definition section.

(b) Department.- "Department" means the Military Department.

Revisor's Note.

This subsection is new language added to avoid repetition of the full title "Military Department".

(c) Maryland Defense Force.- "Maryland Defense Force" means the military force established under Subtitle 5 of this title.

Revisor's Note.

This subsection is new language derived without substantive change from the third sentence of former Art. 65, § 62, as it applied to the name of the Maryland Defense Force. Although the reference in former Art. 65, § 62 did not apply specifically to the entire article, because the other references in this title are consistent with this definition, no substantive change results.

(d) National Guard.- "National Guard" means the Maryland Army National Guard and Maryland Air National Guard.

Revisor's Note.

This subsection is new language derived without substantive change from former Art. 65, § 15(a).

The references to the "Maryland" Army National Guard and the "Maryland" Air National Guard are added for clarity.

(e) State active duty.-

(1) "State active duty" means military duty performed in service of the State by a unit or member of the militia under orders issued by the Governor under Article II, § 8 of the Maryland Constitution or § 13-702 of this title.

(2) Unless the Governor specifically provides otherwise, "State active duty" does not include drill periods, preparation for drill periods, annual training, or other equivalent training or duty conducted under orders issued under Title 10 or Title 32 of the United States Code.

Revisor's Note.

This subsection is new language derived without substantive change from the third sentence of former Art. 65, § 8(a).

Paragraph (1) of this subsection is new language added to provide uniformity throughout this title for the former terms "active State duty", "active State service", "active service of the State", and other similar phrases.

In paragraph (2) of this subsection, the reference to duty "under orders issued under Title 10 or Title 32 of the United States Code" is substituted for the former reference to the duty "while in its capacity as National Guard of the United States" to clarify the circumstances under which the militia is in active duty under federal law.

[An. Code 1957, art. 65, §§ 8(a), 15(a), 62; 2003, ch. 5, § 2.]