130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 980
H.P. 726 House of Representatives, March 9, 2021
An Act To Establish Balance in the Governor's Emergency Powers
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Cosponsored by Representatives: DRINKWATER of Milford, FAULKINGHAM of Winter
Harbor, FECTEAU of Augusta, PICKETT of Dixfield, WADSWORTH of Hiram.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 37-B MRSA §742, sub-§1, ¶C, as amended by PL 2019, c. 617, Pt. H, §1,
3 is further amended to read:
4 C. After For 7 days following the filing of the emergency proclamation and in addition
5 to any other powers conferred by law, the Governor may:
6 (1) Suspend the enforcement of any statute prescribing the procedures for conduct
7 of state business, or the orders or rules of any state agency, if strict compliance
8 with the provisions of the statute, order or rule would in any way prevent, hinder
9 or delay necessary action in coping with the emergency;
10 (2) Utilize all available resources of the State Government and of each political
11 subdivision of the State as reasonably necessary to cope with the disaster
12 emergency;
13 (3) Transfer the direction, personnel or functions of state departments and
14 agencies, or units thereof, for the purposes of performing or facilitating emergency
15 services;
16 (4) Authorize the obtaining and acquisition of property, supplies and materials
17 pursuant to section 821;
18 (5) Enlist the aid of any person to assist in the effort to control, put out or end the
19 emergency or aid in the caring for the safety of persons;
20 (6) Direct and compel the evacuation of all or part of the population from any
21 stricken or threatened area within the State, if the Governor determines this action
22 necessary for the preservation of life or other disaster mitigation, response or
23 recovery;
24 (7) Prescribe routes, modes of transportation and destinations in connection with
25 evacuations;
26 (8) Control ingress and egress to and from a disaster area, the movement of persons
27 within the area and the occupancy of premises therein;
28 (9) Suspend or limit the sale, dispensing or transportation of alcoholic beverages,
29 explosives and combustibles;
30 (10) Make provision for the availability and use of temporary emergency housing;
31 (11) Order the termination, temporary or permanent, of any process, operation,
32 machine or device which may be causing or is understood to be the cause of the
33 state of emergency for which this proclamation was made;
34 (12) Take whatever action is necessary to abate, clean up or mitigate whatever
35 danger may exist within the affected area; and
36 (13) During a state of emergency declared by the Governor in accordance with
37 this section due to the outbreak of COVID-19:
38 (a) Reasonably adjust time frames and deadlines imposed by law for state,
39 county and municipal governments and other entities when such an adjustment
40 is reasonably necessary to mitigate an effect of the emergency;
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 1 (b) In consultation with the Public Utilities Commission, suspend the
2 termination of residential electricity and water services during the period of
3 emergency and up to 60 days after the state of emergency is terminated; and
4 (c) Modify or suspend the requirements for professional or occupational
5 licensing or registration by any agency, board or commission if strict
6 compliance with such requirements would in any way prevent, hinder or delay
7 necessary action in dealing with the emergency.
8 The powers granted in divisions (a) and (c) terminate 30 days following the
9 termination of the state of emergency.
10 Sec. 2. 37-B MRSA §742, sub-§1, ¶E is enacted to read:
11 E. The Governor, during the pendency of a state of emergency, may not reissue or
12 renew an emergency proclamation, issue another emergency proclamation that is
13 substantially similar to one that expired or reissue an emergency proclamation that the
14 Legislature has terminated pursuant to paragraph F without approval of the Legislature
15 pursuant to paragraph F, except that the Governor, based on significant changes in
16 circumstances, may reimpose such an emergency proclamation for a single period of 3
17 days if the Governor calls upon the Legislature to reconsider the order and changed
18 circumstances.
19 Sec. 3. 37-B MRSA §742, sub-§1, ¶F is enacted to read:
20 F. After 7 days have elapsed from the issuance of an emergency proclamation by the
21 Governor, all emergency powers revert to the Legislature. Emergency proclamations
22 may be extended or discontinued by the Legislature pursuant to this paragraph.
23 (1) The Legislature may extend an emergency proclamation issued pursuant to this
24 subsection up to a maximum of 30 days by a 2/3 majority vote in each House of
25 the Legislature. Additional 30-day extensions of the emergency proclamation may
26 be approved, but only if done in compliance with this subparagraph.
27 (2) Either House of the Legislature may terminate an emergency proclamation
28 issued pursuant to this subsection, in whole or in part, by a majority vote.
29 (3) Debate and voting conducted pursuant to this paragraph by each House of the
30 Legislature may be done remotely by electronic or other means as established by
31 each House's rules, or in the absence of such rules, as specified by the presiding
32 officer of each House.
33 Sec. 4. 37-B MRSA §742, sub-§1, as amended by PL 2019, c. 617, Pt. A, §1 and
34 Pt. H, §1, is further amended by enacting at the end a new first blocked paragraph to read:
35 It is an impeachable offense, punishable by removal from office and a lifetime prohibition
36 on serving in any elected or appointed office in the State, for a Governor to exercise any
37 emergency powers conferred by this subsection except as provided in this subsection.
38 Sec. 5. 37-B MRSA §742, sub-§1-A is enacted to read:
39 1-A. Limitation on emergency powers. The exercise of any emergency power the
40 Governor or other state or local official may have under the Constitution of Maine or the
41 laws of this State that binds or regulates the public is limited as provided in this subsection.
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 1 A. As used in this subsection, unless the context otherwise indicates, the following
2 terms have the following meanings.
3 (1) "Emergency order" means an order, decree, regulation or other mandate
4 proclaimed or promulgated by the Governor or a state or local official.
5 (2) "State or local official" means the Governor, a person within the executive
6 branch or an elected or appointed member of a municipal government.
7 B. Notwithstanding subsection 1, paragraph D or any other law to the contrary, an
8 emergency order that is issued by a state or local official that binds, curtails or infringes
9 the rights of private parties must be narrowly tailored to serve a compelling health or
10 safety purpose. Each emergency order must be limited in duration, applicability and
11 scope in order to reduce any infringement of individual liberty.
12 C. A court of this State has jurisdiction to hear a case challenging the legality of an
13 emergency order, including compliance with the limitations imposed on emergency
14 orders pursuant to this subsection. A court shall expedite consideration of a challenge
15 brought pursuant to this paragraph to the extent practicable. Inequality in the
16 applicability of the impact of emergency orders on analogous groups, situations and
17 circumstances may constitute one ground among others for a court to invalidate or
18 enjoin an emergency order, or some of its applications, on the basis that it is not
19 narrowly tailored to serve a compelling public health or safety purpose.
20 SUMMARY
21 This bill places limitations on the powers of the Governor to issue and maintain powers
22 pursuant to an emergency proclamation, including:
23 1. Limiting the length of the time period of an emergency proclamation to 7 days;
24 2. Requiring an extension of an emergency proclamation beyond 7 days to be approved
25 by a 2/3 vote of each House of the Legislature;
26 3. Allowing the Senate or House, individually, by a majority vote, to discontinue an
27 emergency proclamation;
28 4. Prohibiting the Governor, during a state of emergency, from reissuing or renewing
29 an emergency proclamation, issuing a similar proclamation to one that has expired or
30 reissuing an emergency proclamation that the Legislature has discontinued; and
31 5. Providing that a violation by the Governor of the exercise of emergency powers is
32 an impeachable offense.
33 This bill allows the Legislature to debate and vote by remote or other electronic means
34 on the extension or discontinuation of a Governor's emergency proclamation.
35 This bill also requires the emergency powers exercised by the Governor, a person
36 within the executive branch or a municipal official that bind, curtail or infringe on the rights
37 of private parties to be narrowly tailored to serve a compelling health or safety purpose and
38 to be limited in duration, applicability and scope to reduce any infringement of individual
39 liberty.
40 Finally, this bill gives a state court jurisdiction to hear a case challenging the legality
41 of the exercise of emergency powers and requires the court to expedite consideration of the
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1 case to the extent practicable. Inequality in the applicability of impact of emergency orders
43
2 on analogous groups, situations and circumstances may constitute one ground among
44
3 others for a court to invalidate or enjoin an emergency order, or some of its applications,
45
4 on the basis that it is not narrowly tailored to serve a compelling public health or safety
46
5 purpose.
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Statutes affected:
Bill Text LD 980, HP 726: 37-B.742