Ch. 5

2003 LAWS OF MARYLAND

In subsection (b) of this section, the reference to this "subtitle" is
substituted for the former reference to this "section". The general reference
to this "subtitle" is broader than the former reference to this "section"
because Title 14, Subtitle 3 of this article includes former Art. 41, §§ 2-102
and 2-103, revised at §§ 14-307 and 14-308(b) of this subtitle. Section
14-307 of this subtitle authorizes the Governor during an emergency to
proclaim a day for the general cessation of business. Section 14-308(b) of
this subtitle prohibits fraudulent representation in meeting the
requirements of an order, rule, or regulation adopted by the Governor
during a state of emergency. Because these provisions relate to the
authority of the Governor during an emergency, the intent would seem to
be that they be broadly construed just as the other provisions of this
subtitle are. No substantive change is intended by the substitution of the
reference to this "subtitle" for the former reference to this "section".

Also in subsection (b) of this section, the phrase "to carry out the purpose of
this subtitle" is substituted for the former phrase "to effectuate this
purpose" for clarity.

Defined term: "Public emergency" § 14-301
14-303. GOVERNOR'S PROCLAMATION OF STATE OF EMERGENCY.

(A)     AUTHORITY TO PROCLAIM STATE OF EMERGENCY.

DURING A PUBLIC EMERGENCY IN THE STATE, THE GOVERNOR MAY PROCLAIM
A STATE OF EMERGENCY AND DESIGNATE THE EMERGENCY AREA:

(1)      IF PUBLIC SAFETY IS ENDANGERED OR ON REASONABLE
APPREHENSION OF IMMEDIATE DANGER TO PUBLIC SAFETY; AND

(2)      ON:

(I)      THE GOVERNOR'S OWN INITIATIVE; OR

(II)     THE APPLICATION OF:

1.       THE CHIEF EXECUTIVE OFFICER OR GOVERNING BODY OF
A COUNTY OR MUNICIPAL CORPORATION; OR

2.       THE SECRETARY OF STATE POLICE.

(B)     ORDERS, RULES, AND REGULATIONS TO CONTROL AND TERMINATE
PUBLIC EMERGENCY — ISSUANCE.

AFTER PROCLAIMING A STATE OF EMERGENCY, THE GOVERNOR MAY
PROMULGATE REASONABLE ORDERS, RULES, OR REGULATIONS THAT THE
GOVERNOR CONSIDERS NECESSARY TO PROTECT LIFE AND PROPERTY OR
CALCULATED EFFECTIVELY TO CONTROL AND TERMINATE THE PUBLIC EMERGENCY
IN THE EMERGENCY AREA, INCLUDING ORDERS, RULES, OR REGULATIONS TO:

(1) CONTROL TRAFFIC, INCLUDING PUBLIC AND PRIVATE
TRANSPORTATION, IN THE EMERGENCY AREA;

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