An Act To Amend the Governor's Emergency Powers
Maine Legislature, Session 130, LD 0131
Committee: State and Local Government
Sponsors: DILLINGHAM, AUSTIN, BERNARD, COLLAMORE, KINNEY, KRYZAK, MORRIS, POIRIER, TUELL
Amends: 37-B MRSA §742, 37-B MRSA §743

Legislative Document
No. 131
H.P. 87
House of Representatives, January 21, 2021
An Act To Amend the Governor's Emergency Powers
Received by the Clerk of the House on January 19, 2021.  Referred to the Committee on 
State and Local Government pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative DILLINGHAM of Oxford.
Cosponsored by Representatives: AUSTIN of Gray, BERNARD of Caribou, COLLAMORE of 
Pittsfield, KINNEY of Knox, KRYZAK of Acton, MORRIS of Turner, POIRIER of 
Skowhegan, TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  37-B MRSA §742, sub-§1, ¶C, as amended by PL 2019, c. 617, Pt. H, §1, 
is further amended by amending subparagraph (6) to read:
(6)  Direct and compel the evacuation of all or part of the population from any 
stricken or threatened area within the State, if the Governor determines this action 
necessary for the preservation of life or other disaster mitigation, response or 
recovery.  An action taken under this subparagraph must be applied to the smallest 
political subdivision possible.  Statewide application of this subparagraph must be 
approved by a majority of the membership of the Legislative Council;
Sec. 2.  37-B MRSA §742, sub-§1, ¶C, as amended by PL 2019, c. 617, Pt. H, §1, 
is further amended by amending subparagraph (8) to read:
(8)  Control ingress and egress to and from a disaster area, the movement of persons 
within the area and the occupancy of premises therein.  Occupancy limitations that 
would have a substantial impact on the operation of businesses in the State must 
be approved by a majority of the membership of the Legislative Council;
Sec. 3.  37-B MRSA §742, sub-§1, ¶C, as amended by PL 2019, c. 617, Pt. H, §1, 
is further amended by amending subparagraph (9) to read:
(9)  Suspend or limit the sale, dispensing or transportation of alcoholic beverages, 
explosives and combustibles;
Sec. 4.  37-B MRSA §742, sub-§1, ¶C, as amended by PL 2019, c. 617, Pt. H, §1, 
is further amended by amending subparagraph (12) to read:
(12)  Take whatever action is necessary to abate, clean up or mitigate whatever 
danger may exist within the affected area.  Any action under this subparagraph that 
would directly result in the temporary or permanent closure of any business or civic 
or religious organization must be approved by 2/3 of the membership of the 
Legislative Council; and
Sec. 5.  37-B MRSA §742, sub-§1, ¶E is enacted to read:
E.  In dealing with a declared state of emergency under this subsection, the following 
powers may not be invoked:
(1)  The eminent domain powers granted in section 821; and
(2)  The enforcement powers granted in section 786, unless the Governor 
specifically invokes those powers by an order issued pursuant to a civil emergency 
proclamation and approved by 2/3 of the membership of the Legislative Council.  
That order must specify those emergency orders or rules that are enforceable 
pursuant to this subparagraph and must further specify the enforcement activities 
emergency management organizations are to pursue.  An enforcement action may 
not be taken pursuant to this subparagraph without publication of the order 
authorizing the action in a manner reasonably calculated to give affected persons 
adequate notice of the order or rule to be enforced and the sanctions to be applied.  
Publication of the order may include publication on the Internet.
Sec. 6.  37-B MRSA §742, sub-§2, ¶C, as amended by PL 2001, c. 353, §5, is 
further amended by amending subparagraph (2) to read:
(2)  The enforcement powers granted in sections 786 and 829, unless the Governor 
specifically invokes these powers by an order issued pursuant to an energy 
emergency proclamation and approved by a majority 2/3 of the membership of the 
Legislative Council.  That order must specify those emergency orders or rules that 
are enforceable pursuant to this paragraph and must further specify the 
enforcement activities emergency management organizations are to pursue.  No 
An enforcement action may not be taken pursuant to this paragraph without 
publication of the order authorizing the action in a manner reasonably calculated 
to give affected persons adequate notice of the order or rule to be enforced, which 
may include publication on the Internet, and the sanctions to be applied. 
Publication of the order may include publication on the Internet. 
Sec. 7.  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 continue for longer than 30 days unless 
renewed by the Governor not be issued for a period longer than 30 days.  Any subsequent 
renewal of the same state of emergency must receive approval by a 2/3 vote of each House 
of the Legislature.  If the renewal is rejected by the Legislature, the Governor shall issue 
an executive proclamation ending the state of emergency within 24 hours of the rejection.  
A new state of emergency may not be declared for at least 30 days without approval by a 
majority vote of each House of the Legislature.  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.
SUMMARY
This bill limits a state of emergency proclaimed by the Governor to 30 days.  It requires 
subsequent renewals of a state of emergency to receive approval from 2/3 of the 
membership of the Legislature.  It also amends the Governor's powers during a state of 
emergency.