Maryland 2022 2022 Regular Session

Maryland Senate Bill SB935 Introduced / Bill

Filed 02/15/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW . 
        [Brackets] indicate matter deleted from existing law. 
          *sb0935*  
  
SENATE BILL 935 
E4, P1   	2lr3225 
SB 929/21 – SRU     
By: Senator Ready 
Introduced and read first time: February 12, 2022 
Assigned to: Rules 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
States of Emergency and Catastrophic Health Emergencies – Renewals – 2 
Authorization by Legislative Policy Committee 3 
 
FOR the purpose of prohibiting the Governor from renewing a state of emergency or 4 
catastrophic health emergency for more than a certain period of time without 5 
approval from a majority of the Legislative Policy Committee; authorizing the 6 
Committee to vote on such authorizations at a meeting held either in person or 7 
virtually; and generally relating to the renewal of states of emergency and 8 
catastrophic health emergencies.  9 
 
BY repealing and reenacting, with amendments, 10 
 Article – Public Safety 11 
Section 14–107(a) and 14–3A–02 12 
 Annotated Code of Maryland 13 
 (2018 Replacement Volume and 2021 Supplement) 14 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 
That the Laws of Maryland read as follows: 16 
 
Article – Public Safety 17 
 
14–107. 18 
 
 (a) (1) If the Governor finds that an emergency has developed or is impending 19 
due to any cause, the Governor shall declare a state of emergency by executive order or 20 
proclamation. 21 
 
 (2) The state of emergency continues until [the Governor]: 22 
 
 (i) THE GOVERNOR:  23  2 	SENATE BILL 935  
 
 
 
 1. finds that the threat or danger has passed or the 1 
emergency has been dealt with to the extent that emergency conditions no longer exist; and 2 
 
 [(ii)] 2. terminates the state of emergency by executive order or 3 
proclamation; OR 4 
 
 (II) THE STATE OF EMERGEN CY EXPIRES. 5 
 
 (3) (I) A state of emergency may not continue for longer than 30 days 6 
unless the Governor renews the state of emergency IN ACCORDANCE WITH T HIS 7 
PARAGRAPH . 8 
 
 (II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS 9 
PARAGRAPH , THE GOVERNOR MAY RENEW TH E STATE OF EMERGENCY FOR NOT 10 
MORE THAN TWO ADDITI ONAL 30–DAY PERIODS.  11 
 
 (III) 1. THE GOVERNOR MAY RENEW TH	E STATE OF 12 
EMERGENCY FOR MORE T HAN TWO ADDITIONAL 30–DAY PERIODS ONLY IF THE 13 
LEGISLATIVE POLICY COMMITTEE APPROVES BY MAJORITY VOTE THE RE NEWAL OF 14 
THE STATE OF EMERGEN CY FOR ONE OR MORE A DDITIONAL 30–DAY PERIODS.  15 
 
 2. THE LEGISLATIVE POLICY COMMITTEE MAY VOTE ON 16 
A REQUEST TO APPROVE A RENEWAL OF A STATE OF EMERGENCY UNDER T HIS 17 
SUBPARAGRAPH DURING A MEETING HELD EITHE R IN PERSON OR VIRTU ALLY.  18 
 
 (4) (i) The General Assembly by joint resolution may terminate a state 19 
of emergency at any time. 20 
 
 (ii) After the General Assembly terminates a state of emergency, the 21 
Governor shall issue an executive order or proclamation that terminates the state of 22 
emergency. 23 
 
14–3A–02. 24 
 
 (a) If the Governor determines that a catastrophic health emergency exists, the 25 
Governor may issue a proclamation under this subtitle. 26 
 
 (b) The proclamation shall indicate: 27 
 
 (1) the nature of the catastrophic health emergency; 28 
 
 (2) the areas threatened or affected; and 29 
 
 (3) the conditions that: 30   	SENATE BILL 935 	3 
 
 
 
 (i) led to the catastrophic health emergency; or 1 
 
 (ii) made possible the termination of the emergency. 2 
 
 (c) (1) The Governor shall rescind a proclamation issued under this section 3 
whenever the Governor determines that the catastrophic health emergency no longer 4 
exists. 5 
 
 (2) Unless renewed IN ACCORDANCE WITH T HIS SUBSECTION , the 6 
proclamation expires 30 days after issuance. 7 
 
 (3) [The] EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS 8 
SUBSECTION, THE Governor may renew the proclamation for [successive periods, each not 9 
to exceed 30 days] NOT MORE THAN TWO AD DITIONAL 30–DAY PERIODS, if the Governor 10 
determines that a catastrophic health emergency continues to exist. 11 
 
 (4) (I) THE GOVERNOR MAY RENEW A PROCLAMATION FOR MOR E 12 
THAN TWO ADDITIONAL 30–DAY PERIODS ONLY IF THE LEGISLATIVE POLICY 13 
COMMITTEE APPROVES BY MAJORITY VOTE THE RE NEWAL OF THE PROCLAM ATION 14 
FOR ONE OR MORE ADDI TIONAL 30–DAY PERIODS.  15 
 
 (II) THE LEGISLATIVE POLICY COMMITTEE MAY VOTE ON A 16 
REQUEST TO APPROVE A RENEWAL OF A PROCLAM ATION UNDER THIS PAR AGRAPH 17 
DURING A MEETING HEL D EITHER IN PERSON O R VIRTUALLY.  18 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 
October 1, 2022. 20