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Session Laws, 2003
Volume 799, Page 691   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(1)      AFTER DECLARING A STATE OF EMERGENCY, THE GOVERNOR, IF THE
GOVERNOR FINDS IT NECESSARY IN ORDER TO PROTECT THE PUBLIC HEALTH,
WELFARE, OR SAFETY, MAY:

(I)      SUSPEND THE EFFECT OF ANY STATUTE OR RULE OR
REGULATION OF AN AGENCY OF THE STATE OR A POLITICAL SUBDIVISION;

(II)     DIRECT AND COMPEL THE EVACUATION OF ALL OR PART OF
THE POPULATION FROM A STRICKEN OR THREATENED AREA IN THE STATE;

(III)   SET EVACUATION ROUTES AND THE MODES OF
TRANSPORTATION TO BE USED DURING AN EMERGENCY;

(IV)    DIRECT THE CONTROL OF INGRESS TO AND EGRESS FROM AN
EMERGENCY AREA, THE MOVEMENT OF INDIVIDUALS IN THE AREA, AND THE
OCCUPANCY OF PREMISES IN THE AREA;

(V)     AUTHORIZE THE USE OF PRIVATE PROPERTY, IN WHICH EVENT
THE OWNER OF THE PROPERTY SHALL BE COMPENSATED FOR ITS USE AND FOR ANY
DAMAGE TO THE PROPERTY;

(VI)    PROVIDE FOR TEMPORARY HOUSING; AND

(VII)  AUTHORIZE THE CLEARANCE AND REMOVAL OF DEBRIS AND
WRECKAGE.

(2)      THE POWERS OF THE GOVERNOR UNDER THIS SUBSECTION ARE IN
ADDITION TO ANY OTHER AUTHORITY VESTED IN THE GOVERNOR BY LAW.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 16A, §§ 6A and 6B.

In subsection (a)(4)(ii) of this section, the phrase "[a]fter the General
Assembly terminates a state of emergency" is substituted for the former
reference to "[t]hereupon" for clarity.

In subsection (b)(2)(i) of this section, the phrase "to publicize its contents"
is substituted for the former phrase "to bring its contents to the attention
of the general public" for clarity and brevity.

In subsection (b)(2)(ii)3 of this section, the reference to the "chief" local
records-keeping agency is added for clarity and consistency with §
14-111(b)(2)(ii) of this subtitle.

In subsection (c)(1) of this section, the reference to the activities of the
"agencies of the State" is substituted for the former reference to the
activities of the "offices of the State government" for consistency with
terminology used throughout this subtitle.

In subsection (c)(2)(i) of this section, the reference to an "emergency"
response is substituted for the former reference to a "disaster" response for
consistency with terminology used throughout this subtitle. Similarly, the
former reference to "disaster" emergency plans is deleted as redundant.

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Session Laws, 2003
Volume 799, Page 691   View pdf image
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