summary
Introduced
02/11/2025
02/11/2025
In Committee
02/11/2025
02/11/2025
Crossed Over
Passed
Dead
05/28/2025
05/28/2025
Introduced Session
132nd Legislature
Bill Summary
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.
AI Summary
This bill introduces several key restrictions on emergency powers in Maine, aimed at protecting individual rights and providing legislative oversight during states of emergency. The bill requires that any emergency orders issued by state or local officials, particularly those impacting private parties' rights, must be narrowly tailored to serve a compelling public health or safety purpose and be limited in duration, scope, and applicability. Only the Governor may issue orders that infringe on constitutional rights, such as freedom of travel, assembly, work, speech, religion, and firearm possession. The legislation establishes state court jurisdiction to expeditiously review the legality of emergency orders, allowing courts to invalidate orders that are not sufficiently targeted or that disproportionately impact different groups. Additionally, the bill mandates that a state of emergency cannot last longer than 30 days without legislative approval, requiring a two-thirds vote in each legislative house to extend the emergency. The Governor is prohibited from reissuing substantially similar emergency proclamations without legislative approval and cannot declare a new state of emergency for at least 30 days if the previous emergency declaration is rejected by the Legislature. Furthermore, state agencies are now prevented from adopting emergency rules without a gubernatorial emergency proclamation, thereby ensuring more stringent oversight of emergency actions.
Committee Categories
Government Affairs
Sponsors (3)
Last Action
Placed in the Legislative Files. (DEAD) (on 05/28/2025)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://legislature.maine.gov/legis/bills/display_ps.asp?LD=551&snum=132 |
| BillText | https://legislature.maine.gov/legis/bills/getPDF.asp?paper=SP0203&item=1&snum=132 |
Loading...