An Act to Restore Balanced Emergency Powers

• Government Affairs
• 04/28/2023

This bill: 1. Requires the emergency powers exercised by the Governor, a person within the executive branch or a municipal official that bind, curtail or infringe on the rights of private parties to be narrowly tailored to serve a compelling public health or safety purpose and to be limited in duration, applicability and scope to reduce any infringement of individual liberty. Only the Governor may issue an order that infringes on a right guaranteed under the United States Constitution or the Constitution of Maine, including, but not limited to, freedom of travel, assembly, work, speech and religion and freedom to purchase and possess firearms and ammunition. That order must be narrowly tailored to serve a compelling public health or safety purpose limited in duration, applicability and scope to reduce any infringement of a constitutional right; 2. Gives a state court jurisdiction to hear a case challenging the legality of the exercise of emergency powers and requires the court to expedite consideration of the case to the extent practicable. Inequality in the applicability of the impact of emergency orders on analogous groups, situations and circumstances may constitute one ground among others for a court to invalidate or enjoin an emergency order, or some of its applications, on the basis that it is not narrowly tailored to serve a compelling public health or safety purpose; 3. Requires the Governor to convene the Legislature if a declared state of emergency is to be in effect for longer than 30 days. If the Legislature does not, by a 2/3 vote in each House of the Legislature, vote to extend the state of emergency, the Governor may not declare a similar, subsequent state of emergency; 4. Provides that the Governor may not reissue or renew an emergency proclamation that is substantially similar to one that expired or reissue an emergency proclamation terminated by the Legislature without approval of the Legislature; and 5. Prohibits state agencies from adopting emergency rules without an emergency proclamation issued by the Governor.