An Act to Enhance Legislative Participation in the Governor’s Use of Emergency Powers

• Government Affairs
• 05/02/2023

This bill: 1. Requires that the Governor, in performing the Governor's duties related to emergency management functions and emergency powers, consult directly with the Legislative Council; 2. Requires the Governor to narrowly tailor actions to address the public health or safety emergency; 3. Provides that the Maine Superior Court has jurisdiction over cases brought by individuals adversely affected by actions taken pursuant to the Governor's emergency powers. The Governor may appeal to the Maine Supreme Judicial Court and that appeal must be expedited; 4. Prohibits the Governor from reissuing or renewing an emergency proclamation, that is substantially similar to one that expired or was terminated by the Legislature, without Legislative approval; 5. Requires the Governor, during a state of emergency, to provide a detailed written weekly briefing to the Legislative Council detailing actions taken to address the emergency; and 6. Provides that, as long as each House of the Legislature is able to assemble, a state of emergency may not continue for longer than 30 days unless it is renewed by a 3/5 vote of each House.