An Act to Restore Balanced Powers During a State of Emergency

• 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. Requires the Governor to convene the Legislature if, after a state of emergency is declared, an order issued by the Governor is to be in effect for longer than 90 days. The Legislature must, by a 2/3 vote in each House of the Legislature, vote to approve the Governor's authority to extend that order; 5. 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 6. Amends the scope of the Governor's authority with regard to emergency proclamations by: A. Removing the authority of the Governor to obtain and acquire property; B. Eliminating the Governor's authority to take possession of real and personal property through eminent domain when an emergency proclamation has been issued; C. Changing the Governor's authority from enlisting any person to enlisting any willing person to provide aid in an emergency; D. Removing the authority to suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles; E. Directing but not compelling evacuation for the smallest political subdivision possible and if statewide evacuation is sought, requiring approval of 2/3 of the membership of the Legislative Council; F. Requiring approval of 2/3 of the membership of the Legislative Council for limitations on the occupancy of premises that would have a substantial impact on the operation of businesses; and G. Requiring approval of 2/3 of the membership of the Legislative Council if action to abate, clean up or mitigate a danger would result in the temporary or permanent closure of any business or civic or religious organization.