An Act To Narrowly Tailor Emergency Powers of the Governor and Other Public Officials
Maine Legislature, Session 130, LD 0955
Committee: State and Local Government
Sponsors: KEIM, FECTEAU, BENNETT, FARRIN, GUERIN, BRADSTREET, MORRIS
Amends: 37-B MRSA §742

Legislative Document
No. 955
S.P. 307
In Senate, March 9, 2021
An Act To Narrowly Tailor Emergency Powers of the Governor and 
Other Public Officials
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 Representative FECTEAU of Augusta and
Senators: BENNETT of Oxford, FARRIN of Somerset, GUERIN of Penobscot, 
Representatives: BRADSTREET of Vassalboro, MORRIS of Turner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  37-B MRSA §742, sub-§1-A is enacted to read:
1-A.  Limitation on emergency powers.  The exercise of any emergency power a state 
or local official may have under the Constitution of Maine or the laws of this State that 
binds or regulates the public is limited as provided in this subsection.
A.  As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings.
(1)  "Constitutional right" means any right guaranteed under the United States 
Constitution or the Constitution of Maine including, but not limited to, the right to:
(a) Travel, work, assemble and speak;
(b) Exercise religion without government interference;
(c) Make contracts and hold property without government interference;
(d) Be free from unreasonable searches and seizures; and 
(e) Purchase and keep firearms and ammunition.
(2) "Emergency order" means an order, decree, regulation or other mandate 
proclaimed or promulgated by a state or local official.
(3)  "State or local official" means the Governor, a person within the executive 
branch or an elected or appointed member of a municipal government.
B.  Notwithstanding any law to the contrary, an emergency order that is issued by a 
state or local official that binds, curtails or infringes the rights of private parties must 
be narrowly tailored to serve a compelling health or safety purpose. Only the Governor 
may issue an order that infringes constitutional rights, and that order must be narrowly 
tailored to serve a compelling health or safety purpose.  Each emergency order must be 
limited in duration, applicability and scope in order to reduce any infringement of the 
rights of private parties or constitutional rights.
C.  A court of this State has jurisdiction to hear a case challenging the legality of an 
emergency order, including compliance with the limitations imposed on emergency 
orders pursuant to this subsection.  A court shall expedite consideration of a challenge 
brought pursuant to this paragraph 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.
SUMMARY
This bill requires the emergency powers exercised by the Governor, a person within 
the executive branch or a municipal official that bind, curtail or infringe the rights of private 
parties to be narrowly tailored to serve a compelling 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 a right guaranteed under the United 
States Constitution or the Constitution of Maine, including, but not limited to, freedom of 
travel, assembly, work, speech, religion, contract and purchase and possession of arms and 
ammunition, and that order must be narrowly tailored to serve a compelling health or safety 
purpose limited in duration, applicability and scope to reduce any infringement of a 
constitutional right.
 This bill also 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 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.