In this subtitle the following words have the meanings indicated. “Court” means a court of competent jurisdiction of the State, whether or not a court of record. “Person in emergency management service” means a person who, during the emergency period to which this subtitle is applicable, is a member of or works for the Department or a local emergency management organization. “Person suffering injury or damage” means a person who, during the emergency period to which this subtitle is applicable: suffers serious personal injury; suffers extensive damage to property owned by the person; or has an immediate family member who: dies; suffers serious personal injury; or suffers extensive damage to property owned by the family member.

The purposes of this subtitle are: to provide for, strengthen, and expedite national defense when emergency conditions threaten the peace and security of the United States and the State; and to enable the State to fulfill more successfully the requirements of national defense. To achieve these purposes, this subtitle temporarily suspends: enforcement of civil liabilities against persons in emergency management service to enable them to devote their entire energy to the emergency management needs of the State and the United States; enforcement of civil liabilities against persons suffering injury or damage to enable them to devote their entire energy to the cure or improvement of the injuries or damage suffered; and legal proceedings and transactions that may prejudice the civil rights of persons in emergency management service or persons suffering injury or damage during the emergency period to which this subtitle is applicable.

This subtitle applies to proceedings in any court. This subtitle applies only during the effective period of an official proclamation by the Governor that declares a stated area to be within an actual or threatened emergency or disaster area.

This subtitle shall be enforced in accordance with: the usual procedures of the court in which the proceedings are pending; or the rules adopted by the court in which the proceedings are pending. If this subtitle requires that a motion be filed in a court in which no proceeding is pending with respect to the matter, the motion may be filed in any court.

If in accordance with this subtitle a court stays, postpones, or suspends the enforcement of an obligation or liability, the prosecution of a suit or proceeding, the entry or enforcement of an order, writ, judgment, or decree, or the performance of any other act, the court may also grant the same stay, postponement, or suspension to a surety, guarantor, endorser, or other person subject to the same obligation or liability, the performance or enforcement of which is stayed, postponed, or suspended. If in accordance with this subtitle a court vacates or sets aside all or part of a judgment or decree, the court may also vacate or set aside all or part of the judgment or decree as to a surety, guarantor, endorser, or other person liable under the contract or liability for the enforcement of which the judgment or decree was entered.

Notwithstanding any other provision of this subtitle, if in a proceeding to enforce a civil right in a court the court finds that an interest, property, or contract was transferred or acquired with intent to delay the just enforcement of the civil right by taking advantage of this subtitle, the court shall enter an appropriate judgment or issue an appropriate order. On its own initiative or otherwise, a court may revoke, modify, or extend an interlocutory order issued by the court under this subtitle on notice to the affected parties as the court requires.

The period during which a person is a person in emergency management service or person suffering injury or damage is not included in computing any period of limitations applicable to bringing an action by or against: the person in emergency management service; the person suffering injury or damage; or an heir, executor, administrator, or assign of: the person in emergency management service; or the person suffering injury or damage. Paragraph (1) of this subsection applies whether the cause of action accrues before the person becomes, or during the period that the person is, a person in emergency management service or person suffering injury or damage. If a person in emergency management service is reported missing, the person is presumed to continue to be a person in emergency management service until the person is accounted for. If a person suffering injury or damage is reported missing, the person is presumed to continue to be a person suffering injury or damage until the person is accounted for. A period of limitations that begins or ends with the death of a person in emergency management service or person suffering injury or damage does not begin or end until the death: is in fact confirmed; or is found by a court.

Before a court enters judgment in a proceeding in any court in which the defendant fails to appear: the plaintiff shall file in the court an affidavit that sets forth facts that show that the defendant is not a person in emergency management service or person suffering injury or damage; or if the plaintiff is unable to file an affidavit in accordance with item (i) of this paragraph, the plaintiff shall file an affidavit that states that: the defendant is a person in emergency management service or person suffering injury or damage; or the plaintiff is unable to determine whether the defendant is a person in emergency management service or person suffering injury or damage. If the plaintiff does not file an affidavit in accordance with paragraph (1)(i) of this subsection, judgment may not be entered until the court: orders entry of the judgment; and appoints an attorney to represent the defendant in accordance with paragraph (3) of this subsection. The court on motion shall appoint an attorney to represent the defendant and to protect the defendant’s interests, if the defendant is a person in emergency management service or person suffering injury or damage. Unless the court finds that the defendant is not a person in emergency management service or person suffering injury or damage, the court before entering judgment may require that the plaintiff file a bond approved by the court to indemnify the defendant against any loss or damage that the defendant may suffer because of the judgment if all or part of the judgment is later set aside. The court may issue any other order or enter any judgment that the court considers necessary to protect the rights of the defendant under this subtitle. If a person in emergency management service or person suffering injury or damage is party to a proceeding and does not personally appear in the proceeding or is not represented by an authorized attorney, the court may: appoint an attorney to represent the person; require a bond to be filed like the bond required under subsection (a)(4) of this section; and issue an order to protect the rights of the person. An attorney appointed under this subsection may not waive any right of the person for whom the attorney is appointed or bind the person by the attorney’s acts. Not later than 90 days after a defendant ceased to be a person in emergency management service or person suffering injury or damage, the defendant or legal representative of the defendant may file with the court that entered a judgment against the defendant in a proceeding subject to this section a motion to open the judgment against the defendant if: the judgment was entered during the period that the defendant was, or within 30 days after the defendant ceased to be, a person in emergency management service or person suffering injury or damage; and the court finds that the defendant: was prejudiced in defending against the action because the person was a person in emergency management service or person suffering injury or damage; and has a meritorious or legal defense against all or part of the action in which the judgment was entered. Vacating, setting aside, or reversing a judgment because of this subtitle does not impair any right or title acquired by a bona fide purchaser for value under the judgment. At any stage of a proceeding in a court in which a person in emergency management service or person suffering injury or damage is a plaintiff or defendant: on its own initiative the court may stay the proceeding; and except as provided in paragraph (3) of this subsection, the court shall stay the proceeding on motion by the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person. A proceeding may be stayed under this subsection during the period that the plaintiff or defendant is, or within 60 days after the plaintiff or defendant ceased to be, a person in emergency management service or person suffering injury or damage. The court need not issue a stay under this subsection if the court finds that being a person in emergency management service or person suffering injury or damage did not materially affect the ability of the plaintiff to prosecute the action or the ability of the defendant to conduct a defense.

If an action for compliance with the terms of a contract is stayed under this subtitle, a fine or penalty does not accrue because of failure to comply with the terms of the contract during the period of the stay. A court may provide relief against the enforcement of a fine or penalty for nonperformance of a contract if the court finds that: a person failed to perform an obligation and a fine or penalty for nonperformance was incurred; the fine or penalty was incurred during the period that the person was a person in emergency management service or person suffering injury or damage; and the ability of the person to pay the fine or penalty or perform the obligation was materially impaired because the person was a person in emergency management service or person suffering injury or damage.

In a proceeding in a court against a person in emergency management service or person suffering injury or damage: on its own initiative the court may: stay the execution of a judgment or order entered against the person in emergency management service or person suffering injury or damage; and vacate or stay an attachment or garnishment of property, money, or debts held by another person, whether before or after judgment; and subject to subsection (c) of this section, on motion of the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, the court shall: stay the execution of a judgment or order entered against the person in emergency management service or person suffering injury or damage; and vacate or stay an attachment or garnishment of property, money, or debts held by another person, whether before or after judgment. This section applies to a proceeding in a court before or during the period that the person is, or within 60 days after the person ceased to be, a person in emergency management service or person suffering injury or damage. The court need not vacate or stay a judgment or order entered or sought under this section if the court finds that the ability of the defendant to comply with the judgment or order entered or sought was not materially affected because the defendant was a person in emergency management service or person suffering injury or damage.

Except as otherwise provided, a court under this subtitle may stay an action, proceeding, attachment, or execution: for all or part of the period during which a person is, and for 3 months after the person ceased to be, a person in emergency management service or person suffering injury or damage; and subject to the terms that the court considers just, including payment in installments in the amounts and at the times set by the court. Notwithstanding subsection (a) of this section, the court may allow a plaintiff to proceed against a co-defendant of a person in emergency management service or person suffering injury or damage.

Except by order of court in a proceeding affecting the right of possession, an action for eviction or distress may not be brought against a person in emergency management service or person suffering injury or damage if: the rent for the premises does not exceed $150 per month; and the premises are occupied for dwelling purposes by the spouse, children, or other dependents of the person in emergency management service or person suffering injury or damage. In a proceeding affecting the right of possession: on its own initiative the court may stay the proceeding for a period not exceeding 3 months; and subject to paragraph (2) of this subsection, on motion the court shall stay the proceeding for a period not exceeding 3 months; or the court may issue any other order. The court need not stay the action if the court finds that the ability of a tenant to pay the agreed rent was not materially affected because the tenant was a person in emergency management service or person suffering injury or damage.

For nonpayment of an installment due under a contract for the purchase of real or personal property or a contract of lease or bailment with the option to purchase the property, a person or the person’s assignee may not exercise a right or option under the contract to rescind or terminate the contract or resume possession of the property if: the person or the person’s assignee received under the contract a deposit or installment of the purchase price of the property from another person or the assignee of that person who, after making the deposit or installment, became a person in emergency management service or person suffering injury or damage; and the attempt to exercise the right or option under the contract occurred while the person who made the deposit or installment was a person in emergency management service or person suffering injury or damage. Paragraph (1) of this subsection does not apply if a court allows the person or the person’s assignee to exercise the right or option under the contract. This subsection does not prevent the parties to a contract or their assignees from mutually agreeing in an executed writing, after the making of the contract and during or after the period that a party to the contract is a person in emergency management service, to: modify, terminate, or cancel the contract; or repossess or retain the property purchased or received by that party under the contract. After a hearing on the action: the court may order the repayment of all or part of any prior installment or deposit as a condition of terminating the contract and resuming possession of the property; on its own initiative the court may stay the action; and except as provided in § 14-215 of this subtitle, on motion by a person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, the court shall stay the action; or the court may otherwise dispose of the case as it considers equitable to preserve the interests of the parties. The court need not stay the action if the court finds that the ability of the defendant to comply with the terms of the contract was not materially affected because the defendant was a person in emergency management service or person suffering injury or damage.

This section applies only to an obligation that: is on real or personal property that is owned by a person when the person becomes a person in emergency management service or person suffering injury or damage; originates before the person became a person in emergency management service or person suffering injury or damage; and is secured by a mortgage, deed of trust, or other security in the nature of a mortgage. In a proceeding in a court against a person in emergency management service or person suffering injury or damage to enforce an obligation subject to this section arising out of the nonpayment of a sum due under the obligation or arising out of a breach of the obligation that occurs before or during the period that the person is a person in emergency management service or person suffering injury or damage: on its own initiative the court, after hearing, may stay the proceeding or otherwise dispose of the case as it considers equitable to preserve the interests of the parties; and except as provided in § 14-215 of this subtitle, on motion by a person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, the court shall stay the proceeding or otherwise dispose of the case as it considers equitable to preserve the interests of the parties. The court need not stay the proceeding if the court finds that the ability of the defendant to comply with the terms of the obligation was not materially affected because the defendant was a person in emergency management service or person suffering injury or damage. Except on an order of sale previously granted by a court and a return to the order made and approved by the court, a sale under a power of sale or under a judgment entered on a confession of judgment contained in an obligation subject to this section is not valid if made during the period that the person who owns the property is, or within 3 months after the person ceased to be, a person in emergency management service or person suffering injury or damage.

Except if a court finds that 50% or more of the purchase price of a motor vehicle, tractor, or the accessories of a motor vehicle or tractor has been paid, a court may not stay a proceeding to resume possession of or to order the sale of a motor vehicle, tractor, or the accessories of a motor vehicle or tractor that is encumbered by a purchase money mortgage, conditional sales contract, or a lease or bailment with an option to purchase. Before entering an order or judgment in a proceeding to resume possession of or to order the sale of a motor vehicle, tractor, or the accessories of a motor vehicle or tractor, the court may require the plaintiff to file a bond approved by the court to indemnify the defendant, if the defendant is a person in emergency management service or person suffering injury or damage, against any loss or damage that the defendant may suffer because of the judgment or order if all or part of the judgment or order is set aside.

This section applies to real property: on which general or special taxes or assessments fall due but are not paid during the period a person is a person in emergency management service or person suffering injury or damage; and that: is owned and occupied as a dwelling or for agricultural or business purposes by the person in emergency management service, person suffering injury or damage, or a dependent or employee of that person when the person becomes a person in emergency management service or person suffering injury or damage; and continues to be occupied by the dependents or employees. Except by order of court granted on motion by the collector of taxes or another officer whose duty is to enforce the collection of taxes or assessments, the property of a person in emergency management service or person suffering injury or damage may not be sold to enforce the collection of a tax or assessment, and a proceeding to enforce the collection of a tax or assessment may not be brought, if the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person, files with the collector of taxes or other officer an affidavit that shows that: a tax or assessment has been assessed on property subject to this section; the tax or assessment is unpaid; and the person’s ability to pay the tax or assessment is materially affected because the person is a person in emergency management service or person suffering injury or damage. The court may stay the proceedings or sale for a period not exceeding 6 months after the person owing the tax ceased to be a person in emergency management service or person suffering injury or damage. Except as provided in paragraph (2) of this subsection, if by law property subject to this section is sold or forfeited to enforce the collection of a tax or assessment on the property, a person in emergency management service or person suffering injury or damage may redeem the property or bring an action to redeem the property not later than 6 months after the person ceased to be a person in emergency management service or person suffering injury or damage. Paragraph (1) of this subsection does not shorten any period for redemption provided by State law. If a tax or assessment on property subject to this section is not paid when due, interest on the tax or assessment due and unpaid shall accrue at the rate of 6% per year. No other penalty or interest may be imposed because of the nonpayment. A lien for unpaid taxes or an unpaid assessment shall include any interest that accrues under this subsection.

If a person’s ability to pay income tax is materially impaired because the person is a person in emergency management service or person suffering injury or damage, the collection of income tax from that person that was due before the person became, or that falls due during the period that the person is, a person in emergency management service or person suffering injury or damage shall be deferred for a period not exceeding 6 months after the person ceased to be a person in emergency management service or person suffering injury or damage. If the collection of income taxes is deferred under this section, the running of a statute of limitations against the collection of those taxes is suspended for a period of 9 months after the person ceased to be a person in emergency management service or person suffering injury or damage. Interest on the amount of tax due and unpaid does not accrue during the period that the collection of the tax is deferred under this section. A penalty for nonpayment of tax does not accrue during the period that the collection of tax is deferred under this section.

A person may not make or use an affidavit required under § 14-208 of this subtitle if the person knows the affidavit is false. A person may not knowingly participate in an eviction or distress in a manner other than in accordance with § 14-212 of this subtitle. A person may not knowingly resume possession of property subject to § 14-213 of this subtitle in a manner other than in accordance with § 14-213(a) of this subtitle. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

In this section the following words have the meanings indicated. “Declared State disaster or emergency” means any disaster or emergency event for which: the Governor proclaims a state of emergency; a Presidential Declaration of a federal major disaster or emergency is issued; or a widespread utility outage occurs. “Disaster– or emergency–related work” means repairing, renovating, installing, building, rendering services, or other business activities that relate to infrastructure that is damaged, impaired, or destroyed by the declared State disaster or emergency. “Disaster period” means a period that begins 10 days before the first day of the declared State disaster or emergency and extends for a period of 60 calendar days after the end of the declared State disaster or emergency. “Infrastructure” means property and equipment owned or used by communications networks, electric generation facilities, electric and gas transmission and distribution systems, water pipelines, and related support facilities. “Infrastructure” includes real and personal property. “Out–of–state business” means a business entity that: has no registrations, nexus, or tax filings in the State prior to the declared State disaster or emergency; and is requested by a registered business or the State or a local government to perform disaster or emergency related work during a disaster period. “Out–of–state business” includes a business entity that is affiliated with a registered business in the State solely through common ownership. “Out–of–state employee” means an employee who does not work in the State, except during a declared State disaster or emergency. “Registered business” means a business entity that is currently registered to do business in the State before the declared State disaster or emergency. An out–of–state business that performs disaster– or emergency–related work during a disaster period does not establish a level of presence that would require the out–of–state business or its out–of–state employees to be subject to: State or local licensing or registration requirements; State or county income taxes; unemployment insurance contributions; personal property tax; or any requirement to collect and remit the sales and use tax. An out–of–state employee may not be required to pay State or county income taxes or be subject to income tax withholding requirements. An out–of–state business that employs an out–of–state employee may not be required to pay State or county income taxes or be subject to income tax withholding requirements with respect to any out–of–state employees. An out–of–state business shall provide to the Comptroller a statement that the out–of–state business is in the State solely for purposes of performing disaster– or emergency–related work. The statement required under paragraph (1) of this subsection shall include for the out–of–state business: the name; the state of domicile; the principal address; the federal tax identification number; the date of entry into the State; and contact information. A registered business in the State shall provide the information required under subsection (d) of this section for any out–of–state business affiliate that enters the State to perform disaster– or emergency–related work.