An Act Regarding the Governor's Emergency Powers
Maine Legislature, Session 130, LD 0608
Committee: State and Local Government
Sponsors: JOHANSEN, STEWART, QUINT, STANLEY, UNDERWOOD
Amends: 37-B MRSA §742, 37-B MRSA §743

Legislative Document
No. 608
H.P. 444
House of Representatives, March 1, 2021
An Act Regarding the Governor's Emergency Powers
(EMERGENCY)
Received by the Clerk of the House on February 25, 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 JOHANSEN of Monticello.
Cosponsored by Senator STEWART of Aroostook and
Representatives: QUINT of Hodgdon, STANLEY of Medway, UNDERWOOD of Presque 
Isle.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, under Maine law, a proclamation of a state of emergency must be extended 
every 30 days to remain in effect; and
Whereas, the Governor proclaimed a state of emergency on March 15, 2020 to 
authorize the use of emergency powers related to the COVID-19 pandemic; and
Whereas, the Governor issued extensions of the state of emergency on April 14, 2020, 
May 13, 2020, June 10, 2020, July 8, 2020, August 5, 2020, September 2, 2020, September 
30, 2020, October 29, 2020, November 24, 2020, December 22, 2020 and issued the 11th 
extension on January 19, 2021; and
Whereas, to ensure the Legislature's oversight of the Governor's authority to extend 
a state of emergency and the Governor's powers during a state of emergency, this Act 
requires the Governor to convene the Legislature if a state of emergency or an order or rule 
issued pursuant to the state of emergency is to be in effect for longer than 30 days; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  37-B MRSA §742, sub-§1, ¶A, as amended by PL 2001, c. 353, §4, is 
further amended to read:
A.  Whenever a disaster or civil emergency exists or appears imminent, the Governor 
shall, by oral proclamation, declare a state of emergency in the State or, any section of 
the State or any county in which a disaster or civil emergency exists or appears 
imminent as long as the disaster or civil emergency has been declared by the board of 
commissioners for that county.  If the Governor is temporarily absent from the State or 
is otherwise unavailable, the next person in the State who would act as Governor if the 
office of the Governor were vacant may, by oral proclamation, declare the fact that a 
civil emergency exists or appears sufficiently imminent to activate emergency plans in 
any or all areas of the State in accordance with this paragraph.  A written copy of the 
proclamation must be filed with the Secretary of State within 24 hours of the oral 
proclamation.
Sec. 2.  37-B MRSA §742, sub-§1, ¶E is enacted to read:
E.  If an order or rule issued by the Governor, pursuant to the powers granted in 
paragraph C, is to be in effect for longer than 30 days, the Governor shall, before the 
30th day following the issuance of the order or rule, convene the Legislature, and the 
Legislature must, by a 2/3 vote in each House, vote to extend the Governor's authority 
to extend that order or rule.
Sec. 3.  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.  If the state of emergency is to be in effect for longer than 
days, the Governor shall, before the 30th day following the initial declaration of the 
state of emergency, convene the Legislature, and the Legislature must, by a 2/3 vote in each 
House, vote to extend the state of emergency.  If the Legislature does not vote to extend 
the state of emergency, the Governor may not declare a similar, subsequent state of 
emergency.  The Legislature, by joint resolution, may terminate a state of emergency at 
anytime any time.  Thereupon Upon the Legislature's voting to not extend a state of 
emergency or the Legislature's termination of a state of emergency, the Governor shall 
issue an executive proclamation ending the state of emergency.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill 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, vote to extend the state of emergency, the Governor may not declare a 
similar, subsequent state of emergency.
The bill also requires the Governor to convene the Legislature if, after a state of 
emergency is declared, an order or rule issued by the Governor is to be in effect for longer 
than 30 days.  The Legislature must, by a 2/3 vote in each House, vote to extend the 
Governor's authority to extend that order or rule.
The bill also limits the Governor's authority to declare a state of emergency in a county 
unless the county's board of commissioners has declared that a disaster or civil emergency 
exists.