§ 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. --

   (1) Each executive order or proclamation that declares or terminates a state of emergency shall indicate:

      (i) the nature of the emergency;

      (ii) the area threatened; and

      (iii) the conditions that have brought about the state of emergency or that make possible the termination of the state of emergency.

   (2) Each executive order or proclamation shall be:

      (i) disseminated promptly by means calculated to publicize its contents; and

      (ii) unless prevented or impeded by the circumstances of the emergency, filed promptly with:

         1. MEMA;

         2. the State Archives; and

         3. the chief local records-keeping agency in the area to which the executive order or proclamation applies.

(c) Responsibility of Director; effect of declaration. --

   (1) After the Governor declares a state of emergency, the Director shall coordinate the activities of the agencies of the State and of those political subdivisions included in the declaration in all actions that serve to prevent or alleviate the ill effects of the imminent or actual emergency.

   (2) An executive order or proclamation that declares a state of emergency:

      (i) activates the emergency response and recovery aspects of the State and local emergency plans applicable to the political subdivision or area covered by the declaration; and

      (ii) is authority for:

         1. the deployment and use of resources to which the State or local plans apply; and

         2. the use or distribution of supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available in accordance with this subtitle or any other law that relates to emergencies.

(d) Other actions by Governor. --

   (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.

HISTORY: An. Code 1957, art. 16A, § 6A, 6B; 2003, ch. 5, § 2; 2006, chs. 369, 505.