An Act To Safeguard the People's Voice in a State of Emergency
Maine Legislature, Session 130, LD 1039
Committee: State and Local Government
Sponsors: KEIM, BENNETT, FARRIN, GUERIN, FECTEAU, LIBBY, LYMAN, RUDNICKI, SKOLFIELD
Amends: 37-B MRSA §742, 37-B MRSA §743

Legislative Document
No. 1039
S.P. 329
In Senate, March 10, 2021
An Act To Safeguard the People's Voice in a State of Emergency
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Senators: BENNETT of Oxford, FARRIN of Somerset, GUERIN of 
Penobscot, Representatives: FECTEAU of Augusta, LIBBY of Auburn, LYMAN of Livermore 
Falls, RUDNICKI of Fairfield, SKOLFIELD of Weld.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  37-B MRSA §742, sub-§4 is enacted to read:
4.  Legislative processes.  During a state of emergency under this chapter, the 
Legislature may vote on a proclamation or executive order made under the state of 
emergency remotely by electronic or other means as established by the rules of each House 
of the Legislature, as specified by the presiding officer of each House.
Sec. 2.  37-B MRSA §743, sub-§2, as enacted by PL 1983, c. 594, §34, is amended 
to read:
2.  Limitation.  No A state of emergency may not continue for longer than 30 days 
unless renewed by the Governor Legislature by majority vote of each House upon request 
by the Governor for up to 30 additional days. The renewal process may be repeated 
indefinitely in up to 30-day increments. If the Legislature is not in session at the time the 
request is issued by the Governor, the Governor shall provide at least 3 days' notice to the 
leader of the party with the most members and the leader of the party with the 2nd-most 
members in each House of the Legislature to immediately convene the Legislature to 
consider the Governor's request. If the state of emergency is terminated for any reason, the 
Governor may not declare another state of emergency for the same emergency or set of 
circumstances underlying the initial state of emergency.  The Legislature, by joint 
resolution, may terminate a state of emergency at anytime any time.  Thereupon, the 
Governor shall issue an executive proclamation ending the state of emergency.  The 
Legislature may terminate any specific emergency order of the Governor with respect to a 
state of emergency by a 2/3 vote of each House. This subsection does not apply to the 
Governor's powers under chapter 3.
SUMMARY
This bill amends the provisions of law regarding the termination of a state of 
emergency by removing the Governor's authority to renew a state of emergency after 30 
days and instead providing that the renewal of a state of emergency must be approved by a 
majority vote of each House of the Legislature upon request by the Governor.  The state of 
emergency may be renewed for up to 30 days at a time, and the renewal process may be 
repeated indefinitely.  If the Legislature is out of session at the time the request is issued 
by the Governor, the Governor must give at least 3 days' notice to the Legislature for the 
Legislature to convene to consider the request.  If the state of emergency is terminated for 
any reason, the Governor may not declare another state of emergency for the same 
emergency or set of circumstances underlying the first state of emergency. The Governor's 
powers as Commander in Chief of the military forces of the State are not affected by this 
bill. The bill authorizes the Legislature to terminate any specific emergency order by the 
Governor by a 2/3 vote in each House of the Legislature. This bill also allows the 
Legislature during a state of emergency to vote on a proclamation or executive order made 
during that emergency remotely by electronic or other means.