MODELS FOR REFORM

Last year, the Pacific Legal Foundation (PLF), a nonprofit public interest law firm and research organization, developed model legislation and outlined several important aspects of an appropriately-balanced state of emergency process. “Principled reforms that reinforce separation of powers should include requirements that emergency orders:

  • Expire in a limited amount of time, unless ratified by the legislature;
  • Be narrowly tailored for compelling health and safety reasons, and be limited in duration, applicability, and scope;
  • Be subject to expedited judicial review, particularly when constitutional rights are at stake;
  • Signed by the governor for statewide orders that infringe constitutional rights;
  • Sunset quickly if the legislature is not in session or called into session, followed by a limited period for the legislature to ratify the order;
  • Cannot be reissued by governors if the orders that have expired or the legislature rejected.”

Inspired by the work of PLF in this arena, Maine Policy developed model legislation specific to Maine law, incorporating those principles and ideas presented in various pieces of legislation submitted in the First Session of the 130th Legislature by numerous Maine legislators. This measure will be introduced in the First Session of the 131st Maine Legislature.