# Public Safety (GPS)

## Title 14. Emergency Management

### Subtitle 4. Other Emergency Powers and Provisions

#### Section 14-401

In this subtitle, "local governing body" means:

(1) a board of county commissioners;

(2) a county council; or

(3) the Mayor and City Council of Baltimore.

#### Section 14-402

(a) The powers in this section may be exercised only during the effective period of an official proclamation by the Governor that declares all or part of the county to be in an actual or threatened emergency area.

(b) If a majority of the members of the local governing body of a county are killed or are sick, incapacitated, missing, or otherwise unavailable for a temporary or indefinite period because of a military or warlike catastrophe, the Governor may exercise the administrative and executive powers of that local governing body until the number of members of the local governing body sufficient to operate the county government are appointed and qualify.

#### Section 14-403

(a) In this section, "executive officer" means the mayor or comparable official of the legislative body of a municipal corporation of the State.

(b) The powers in this section may be exercised only during the effective period of an official proclamation by the Governor that declares all or part of the municipal corporation to be in an actual or threatened emergency area.

(c)

  (1) If an executive officer is killed or is sick, incapacitated, missing, or otherwise unavailable for a temporary or indefinite period because of a military or warlike catastrophe, and the municipal corporation is unable to fill that vacancy for a temporary or indefinite period, the local governing body of the county in which the municipal corporation is located may appoint an individual to fill the vacancy for a temporary or indefinite period.

  (2) If the vacancy is in a municipal corporation that is located in more than one county:

    (i) the local governing body of any of the counties in which part of the municipal corporation is located may appoint an individual to fill the vacancy; or

    (ii) the local governing bodies of the counties may agree to appoint an individual to fill the vacancy.

(d) To the extent possible, each appointee shall have the qualifications required for the particular office to which appointed.

(e) Each appointee may exercise the powers and prerogatives of an officer elected to the position.

(f) Each appointee shall hold office until:

  (1) the executive officer originally holding the position returns to the position; or

  (2) the position is filled by the regular election and qualification of a successor.

(g) Under the circumstances described in this section, the Governor may exercise the executive and administrative powers of the municipal government until the number of individuals sufficient to operate the municipal government are appointed and qualified as executive officers.

#### Section 14-404

(a) In this section, "tax district" includes:

  (1) a special tax area;

  (2) a special tax district;

  (3) a sanitary district; and

  (4) a water district.

(b) The powers in this section may be exercised only during the effective period of an official proclamation by the Governor that declares all or part of the tax district to be in an actual or threatened emergency area.

(c) If a majority of the members of the governing body of a tax district in the State are killed or are sick, incapacitated, missing, or otherwise unavailable for a temporary or indefinite period because of a military or warlike catastrophe, and the tax district is unable to function normally for a temporary or indefinite period, the Governor may exercise the executive and administrative powers of the tax district until the number of members of the governing body of the tax district sufficient to operate the governing body are appointed and qualified in accordance with the procedures of the governing body.

#### Section 14-405

(a)

  (1) If there is serious human suffering, death, personal injury, or property damage in a county because of a military or warlike catastrophe, the local governing body has the powers granted in this section.

  (2) The powers in this section may be exercised only during the effective period of an official proclamation by the Governor that declares all or part of the county to be in an actual or threatened emergency area.

(b) The local governing body may borrow money or contract for materials or services on the faith and credit of the county.

(c)

  (1) To pay for the money borrowed or the materials or services contracted for under subsection (b) of this section, the local governing body may issue bonds, notes, or other certificates of indebtedness on the faith and credit of the county to a person or governmental unit that lends the money or supplies the materials or services.

  (2) The local governing body may set the terms, conditions, rate of interest, and provisions for repayment of the bonds, notes, or other certificates of indebtedness issued under this subsection.

(d) The local governing body may impose a special levy on taxable property in the county in an amount sufficient to:

  (1) pay for the money borrowed or the materials and services contracted for under subsection (b) of this section; and

  (2) make all payments of principal and interest on the bonds, notes, or other certificates of indebtedness issued under subsection (c) of this section that are outstanding.

(e) Money, materials, or services obtained under subsection (b) of this section may be secured, expended, or used in cooperation with other governmental units on a matching basis or otherwise as determined by the local governing body.

(f) Any legal restrictions or delaying procedures are waived and may be disregarded by the local governing body as to:

  (1) the purchase, lease, or rental of materials and equipment;

  (2) the securing and hiring of personal services;

  (3) the face value of notes, bonds, or other certificates of indebtedness that may be issued and outstanding; or

  (4) the rate of taxation that may be imposed.

#### Section 14-406

(a) Each law, ordinance, resolution, or regulation of the State, a political subdivision of the State, or a unit of State or local government that relates to or concerns an actual or threatened emergency or military or warlike catastrophe may be applied during the effective period of an official proclamation by the Governor that declares all or part of the particular area to be in an actual or threatened emergency area.

(b) This section does not qualify or reduce the powers of emergency management agencies that are effective without the existence of an emergency or proclamation by the Governor.

---

Md. Code Ann., Pub. Safety (as displayed at mgaleg.maryland.gov, October 16, 2026)
