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Session Laws, 1984
Volume 759, Page 1117   View pdf image
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HARRY HUGHES, Governor

1117

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 65, § 6
and the provisions that formerly appeared as the first
paragraph of present § 7.

In subsection (a) of this section, the words "land and
naval" are added to modify "militia", for clarity.
This addition reflects the express powers of the
Governor under Md. Constitution, Art. II, § 8 and the
apparent intent of the second paragraph of Art. 65, §
7 that references to "militia", in Art. 65 of the
Code, include the naval militia.

Similarly, in subsection (b)(1) of this section, the
word "land" is added to modify "militia" to
distinguish the powers as to the land militia under
subsection (b)(1) of this section from the powers as
to the naval militia under subsection (b)(2) of this
section.

Also in subsection (b)(1) of this section, the former
reference to "rules" is deleted as unnecessary in
light of the word "regulation". See revisor's note to
§ 10-101(e) of this article.

Also in subsection (b)(1) of this section, the former
reference to "amendments" to the National Defense Act
is deleted as unnecessary in light of Art. 1, § 21 of
the Code, which provides generally that a reference to
a law includes amendments to the law.

In subsection (b)(2)(ii) of this section, the former
reference to "regulations now ... or hereafter
enacted" is deleted as unnecessary in light of the
broad reference to "law".

As to restrictions on personal command by the
Governor, see Md. Constitution, Art. II, § 8.

As to the exception for parts of the militia in the
service of the United States, see U. S. Constitution,
Art. II, § 2, which designates the President as the
commander-in-chief.

3-304. EMERGENCIES.

THE GOVERNOR HAS THE EMERGENCY POWERS AND DUTIES SET FORTH
IN:

(1)  ARTICLE 16A OF THE CODE;

(2)  ARTICLE 41, §§ 15B THROUGH 15B-2 OF THE CODE;

(3)  ARTICLE 41, § 58 OF THE CODE;

 

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Session Laws, 1984
Volume 759, Page 1117   View pdf image
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