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Session Laws, 2003
Volume 799, Page 689   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

Subsection (b)(4) of this section is revised as the power of the Governor to
authorize studies and surveys, rather than the duty to do so, in light of the
structure of former Art. 16A, § 6(b), which listed other actions the
Governor "may" perform. Former Art. 16A, § 6(b)(4), from which subsection
(b)(4) of this section is derived, was silent as to whether it was a grant of
authority or the imposition of a duty or responsibility.

In subsection (b)(5) of this section, the reference to directors "of local
organizations for emergency management" is substituted for the former
reference to directors "for the political subdivisions of the State" for clarity.
See § 14-109 of this subtitle.

Throughout subsection (c)(1) of this section, the defined term
"emergenc[ies]" is substituted for the former references to "disaster[s]" to
use the defined term and for consistency throughout this subtitle.

Defined terms: "Director" § 14-101
"Emergency" § 14-101
"Emergency management" § 14-101

"Local organization for emergency management" § 14-101
"MEMA" § 14-101
"State" § 1-101

14-107. STATE OF EMERGENCY — DECLARATION BY GOVERNOR

(A)     IN GENERAL.

(1)      IF THE GOVERNOR FINDS THAT AN EMERGENCY HAS DEVELOPED OR
IS IMPENDING DUE TO ANY CAUSE, THE GOVERNOR SHALL DECLARE A STATE OF
EMERGENCY BY EXECUTIVE ORDER OR PROCLAMATION.

(2)      THE STATE OF EMERGENCY CONTINUES UNTIL THE GOVERNOR:

(I)      FINDS THAT THE THREAT OR DANGER HAS PASSED OR THE
EMERGENCY HAS BEEN DEALT WITH TO THE EXTENT THAT EMERGENCY
CONDITIONS NO LONGER EXIST; AND

(II)     TERMINATES THE STATE OF EMERGENCY BY EXECUTIVE
ORDER OR PROCLAMATION.

(3)      A STATE OF EMERGENCY MAY NOT CONTINUE FOR LONGER THAN 30
DAYS UNLESS THE GOVERNOR RENEWS THE STATE OF EMERGENCY.

(4)      (I) THE GENERAL ASSEMBLY BY JOINT RESOLUTION MAY
TERMINATE A STATE OF EMERGENCY AT ANY TIME.

(II) AFTER THE GENERAL ASSEMBLY TERMINATES A STATE OF
EMERGENCY, THE GOVERNOR SHALL ISSUE AN EXECUTIVE ORDER OR
PROCLAMATION THAT TERMINATES THE STATE OF EMERGENCY.

(B)     CONTENTS OF DECLARATION; PUBLICITY.

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Session Laws, 2003
Volume 799, Page 689   View pdf image
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