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  3. DUT-MD-005

Ex. DUT-MD-005 Standing duty Primary source read

Statute

Governor's declaration of a state of emergency and emergency powers, including suspension of statutes and control of ingress, egress, movement of individuals and occupancy of premises

Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1, Emergency Management) · Maryland (State)

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The record

Jurisdiction
Maryland
Level
State
Authority
Md. Const. art. II (executive power); art. III; police power of the State
Effective
in force throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStay-at-homeBusiness closureTravel and quarantineStanding duty
Addressees
  • the Governor; through the orders issued under it, every person, business, organization, establishment and facility in Maryland
Character
statutory authority
Collection
Standing duties: Maryland DUT-MD

Operative words

(d) (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...;... (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.

Penalty

Pub. Safety § 14-114: violation of an order issued under this subtitle is a misdemeanor, 6 months or $1,000; willful violation 1 year or $5,000 (Ex. DUT-MD-006)

What it required

Supplied the Governor's power, recited in every Order of the Governor in the library ('Title 14 of the Public Safety Article'), to control the movement of individuals and the occupancy of premises statewide for the duration of the declared emergency, March 5, 2020 to August 15, 2021. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Subsection (a)(3): a state of emergency 'may not continue for longer than 30 days unless the Governor renews' it; the renewals are Exs. MD-032, MD-075, MD-074, MD-071. Subsection (d)(2): 'The powers of the Governor under this subsection are in addition to any other authority vested in the Governor by law.' Every Order of the Governor also recited subsection (d)(1)(i) in its general provisions: 'The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with this order is hereby suspended' (Ex. MD-039 para. IV.d).