Resolve, to Increase Transparency and Evaluate Emergency Response Through a COVID-19 Review Commission
Maine Legislature, Session 131, LD 1801
Committee: Health and Human Services
Sponsors: KEIM, BENNETT, HICKMAN, ARATA

Legislative Document
No. 1801
S.P. 726
In Senate, April 25, 2023
Resolve, to Increase Transparency and Evaluate Emergency 
Response Through a COVID-19 Review Commission
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Senators: BENNETT of Oxford, HICKMAN of Kennebec, Representative: 
ARATA of New Gloucester.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this resolve establishes the COVID-19 Review Commission to review and 
collect information regarding the executive orders related to the declared COVID-19 
emergency; review contracts entered into related to executing the Governor's emergency 
proclamation and related executive orders and the data related to COVID-19 collected by 
the Department of Health and Human Services, Maine Center for Disease Control and 
Prevention, including suicide attempts and deaths and drug-related hospitalizations and 
deaths; study the Maine Center for Disease Control and Prevention's response, including 
testing and use of contact tracing; and study the policies and rules connected to COVID-19 
implemented by various state departments; and
Whereas, the review must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for consideration during the 
next legislative session; 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,
Sec. 1.  Commission established.  Resolved:  That the COVID-19 Review 
Commission, referred to in this resolve as "the commission," is established.
Sec. 2.  Commission membership.  Resolved:  That, notwithstanding Joint Rule 
353, the commission consists of the Commissioner of Health and Human Services or the 
commissioner's designee and 13 other members appointed as follows:
1. Four members of the Senate appointed by the President of the Senate, including 2 
members from each of the 2 parties holding the largest number of seats in the Legislature; 
2. Eight members of the House of Representatives appointed by the Speaker of the 
House, including 4 members from each of the 2 parties holding the largest number of seats 
in the Legislature; and
3.  One member of the House of Representatives appointed by the Speaker of the House 
who is not a member of the 2 parties holding the largest number of seats in the Legislature.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the 
commission.
Sec. 4.  Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the commission. If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the commission shall:
1.  Study the State's response to coronavirus disease 2019, referred to in this resolve as 
COVID-19, and state laws, rules and policies governing that response in the State, 
including but not limited to executive orders related to the declared COVID-19 emergency;
2.  Review contracts entered into related to executing the Governor's emergency 
proclamation and related executive orders;
3.  Review the data related to COVID-19 collected by the Department of Health and 
Human Services, Maine Center for Disease Control and Prevention, including suicide 
attempts and deaths and drug-related hospitalizations and deaths;
4.  Study the Maine Center for Disease Control and Prevention's response, including 
testing and use of contact tracing;
5. Study the policies and rules connected to COVID-19 implemented by the 
Department of Health and Human Services, the Department of Education, the Department 
of Defense, Veterans and Emergency Management, Maine Emergency Management 
Agency and the Department of Economic and Community Development; 
6. Review federal, state and local intergovernmental coordination; 
7. Review distribution of vaccines, including the use of public and private methods for 
distribution; 
8. Review the availability of medical equipment and supplies, including personal 
protective equipment; 
9. Review interagency communication and information sharing, including review of 
accountability and preparedness regarding executive emergency proclamation powers; 
10. Review responses of hospitals, nursing homes and other congregate settings; 
11. Review economic relief policies; 
12. Review overall health and economic effects on communities, including racial and 
ethnic minority populations, of COVID-19 infections and deaths and the response of the 
State to mitigate those effects; 
13. Review state, county and municipal government preparedness and response to 
executive orders related to the declared COVID-19 emergency; and
14.  Study any other matters related to the COVID-19 response as required by the 
commission.
Sec. 6.  Staff assistance.  Resolved:  That, notwithstanding Joint Rule 353, the 
Legislative Council shall provide necessary staffing services to the commission.
Sec. 7.  Report.  Resolved:  That, no later than December 6, 2023, the commission 
shall submit a report based on its review that includes its findings and recommendations, 
including suggested legislation, to the Joint Standing Committee on Health and Human 
Services.  The joint standing committee may report out legislation to the Second Regular 
Session of the 131st Legislature based on the report.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve establishes the COVID-19 Review Commission to review and study the 
State's response to COVID-19 and state laws, rules and policies governing that response in 
the State, including the executive orders related to the declared COVID-19 emergency; 
contracts entered into related to executing the Governor's emergency proclamation and 
related executive orders and the data related to COVID-19 collected by the Department of 
Health and Human Services, Maine Center for Disease Control and Prevention, including 
suicide attempts and deaths and drug-related hospitalizations and deaths; the Maine Center 
for Disease Control and Prevention's response, including testing and use of contact tracing; 
and the policies and rules connected to COVID-19 implemented by the Department of 
Health and Human Services; the Department of Education; the Department of Defense, 
Veterans and Emergency Management, Maine Emergency Management Agency; and the 
Department of Economic and Community Development.  The commission is required to 
submit a report based on its review that includes its findings and recommendations, 
including suggested legislation, to the Joint Standing Committee on Health and Human 
Services no later than December 6, 2023.