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Session Laws, 2003
Volume 799, Page 723   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

for the former reference to "persons" because individuals, and not the other
entities included in the defined term "person", engage in tumultuous
conduct. See § 1-101 of this article for the definition of "person".

Also in item (1) of this subsection, the phrase "at the same time and in the
same place" is substituted for the former reference to "contemporaneously,
both as to time and place" for clarity.

Defined term: "Energy emergency" § 14-301

REVISOR'S NOTE TO SECTION: Former Art. 41, § 2-101(b)(3), which defined
"promulgate" to mean to announce publicly, is deleted as unnecessary
because it merely repeated the ordinary meaning of the word.

Former Art. 41, § 2-101(b)(2), which defined '"[o]rders', 'rules' and
'regulations'", is revised in the substantive provisions that relate to the
authority of the Governor to promulgate orders during a state of
emergency. See § 14-303(b) of this subtitle.

Former Art. 41, § 2-101(b)(4), which defined "[a]ny action", is revised in
the substantive provisions that relate to the authority of the Department
of State Police to assist local law enforcement agencies during a state of
emergency. See § 14-305(c) of this subtitle.

14-302. LEGISLATIVE INTENT.

(A)     IN GENERAL.

THE GENERAL ASSEMBLY RECOGNIZES THE GOVERNOR'S BROAD AUTHORITY
IN THE EXERCISE OF THE POLICE POWER OF THE STATE TO PROVIDE ADEQUATE
CONTROL OVER PERSONS AND CONDITIONS DURING IMPENDING OR ACTUAL PUBLIC
EMERGENCIES.

(B)     CONSTRUCTION OF SUBTITLE.

THIS SUBTITLE SHALL BE BROADLY CONSTRUED TO CARRY OUT THE PURPOSE
OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 2-101(a).

In subsection (a) of this section, the reference to the Governor's "authority"
is substituted for the former reference to the Governor's "power of action"
for brevity and consistency with terminology used in this and other revised
articles of the Code.

Also in subsection (a) of this section, the defined term "public emergency"
is substituted for the former reference to a "public crisis or disaster" for
brevity and consistency with terminology used throughout this subtitle.

Also in subsection (a) of this section, the former reference to "such periods
of" impending or actual public emergencies is deleted as surplusage.

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Session Laws, 2003
Volume 799, Page 723   View pdf image
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