2013 Maryland Code
ECONOMIC DEVELOPMENT
§ 5-1001 - Definitions [Effective until October 1, 2013].

§5-1001.

(a) In this subtitle the following words have the meanings indicated.

(b) “Service-disabled veteran” means a veteran with a disability that is service-connected, as defined in 38 U.S.C. § 101(16).

(c) (1) “Small business employer” means an employer who employed an average of 50 or fewer employees on business days during the calendar year preceding the determination of eligibility for a loan under this subtitle.

(2) For purposes of paragraph (1) of this subsection, all persons treated as a single employer under § 414(b), (c), (m), or (o) of the Internal Revenue Code shall be treated as a single employer under this subtitle.

§ 5-1001 - Definitions [Effective October 1, 2013].

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

** REVISOR'S NOTE

This subsection formerly was Art. 83A, § 6-901(a)(1).

** REVISOR'S NOTE

The only change is in style.

(b) Service-disabled veteran. -- "Service-disabled veteran" means a veteran with a disability that is service-connected, as defined in 38 U.S.C. § 101(16).

SPECIAL REVISOR'S NOTE

As enacted by Ch. 306, Acts of 2008, this subsection formerly was Art. 83A, § 6-901(a)(2). However, Ch. 307, Acts of 2008, deleted the phrase "who was domiciled in the State when the service-connected disability was incurred".

The only changes made by Ch. 306 were in style.

The Economic Development Article Review Committee noted, for the consideration of the General Assembly, that the Attorney General had advised that restricting the availability of benefits to a service-disabled veteran domiciled in the State ", when the service-connected disability was incurred" might violate the U.S. Constitution. Distinguishing between those veterans who had established residency in the State at the time of disability and those who did so thereafter might have implicated the right to travel, equal protection, or both. See Bill Review Letter (HB 1280) from J. Joseph Curran, Jr., Attorney General, to Robert L. Ehrlich, Jr., Governor (May 1, 2006). Chapter 307 addressed this concern.

Defined term:

"State" § 1-101

(c) Small business employer. --

(1) "Small business employer" means an employer who employed an average of 50 or fewer employees on business days during the calendar year preceding the determination of eligibility for a loan under this subtitle.

(2) For purposes of paragraph (1) of this subsection, all persons treated as a single employer under § 414(b), (c), (m), or (o) of the Internal Revenue Code shall be treated as a single employer under this subtitle.

REVISOR'S NOTE

This subsection formerly was Art. 83A, § 6-901(a)(3).

The only changes are in style.

(d) Veteran-owned small business. -- "Veteran-owned small business" means a small business that is at least 51% owned by a veteran as defined in 38 U.S.C. § 101(2).