An Act to Restore Balanced Emergency Powers
Maine Legislature, Session 132, LD 0551
Committee: State and Local Government
Sponsors: HARRINGTON, SOBOLESKI
Amends: 5 MRSA §8054, 37-B MRSA §741-A, 37-B MRSA §742, 37-B MRSA §743

Legislative Document
No. 551
S.P. 203
In Senate, February 11, 2025
An Act to Restore Balanced Emergency Powers
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HARRINGTON of York.
Cosponsored by Representative SOBOLESKI of Phillips and
Senator: BENNETT of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §8054, sub-§1, as enacted by PL 1977, c. 551, §3, is amended to 
read:
1.  Emergency.  If the Governor has issued an emergency proclamation pursuant to 
Title 37-B, section 742 and the agency finds that immediate adoption of a rule by 
procedures other than those set forth in sections 8052 and 8053 is necessary to avoid an 
immediate threat to public health, safety or general welfare, it may modify those procedures 
to the minimum extent required to enable adoption of rules designed to mitigate or alleviate 
the threat found. Emergency rules shall be are subject to the requirements of section 8056.
Sec. 2.  37-B MRSA §741-A is enacted to read:
§741-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 section.
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Constitutional right" means any right guaranteed under the United States 
Constitution or the Constitution of Maine, including, but not limited to, the right to:
(1)  Travel, work, assemble and speak;
(2)  Exercise religion without government interference;
(3)  Make contracts and hold property without government interference;
(4)  Be free from unreasonable searches and seizures; and
(5)  Purchase and keep firearms and ammunition.
B.  "Emergency order" means an order, decree, regulation or other mandate proclaimed 
or promulgated by a state or local official.
C.  "State or local official" means the Governor, a person within the executive branch 
or an elected or appointed member of a municipal government.
2.  Orders infringing on rights.  Notwithstanding any provision of law to the contrary, 
an emergency order that is issued by a state or local official that binds, curtails or infringes 
on the rights of private parties must be narrowly tailored to serve a compelling public health 
or safety purpose. Only the Governor may issue an order that infringes on constitutional 
rights, and that order must be narrowly tailored to serve a compelling public 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.
3.  Procedure for hearings on orders.  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 section.  The court shall expedite 
consideration of a case brought pursuant to this subsection 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.
Sec. 3.  37-B MRSA §742, sub-§1, ¶F is enacted to read:
F.  The Governor, during the pendency of a state of emergency, may not reissue or 
renew an emergency proclamation, issue another emergency proclamation that is 
substantially similar to one that expired or reissue an emergency proclamation 
terminated by the Legislature without approval of the Legislature.
Sec. 4.  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 The Governor shall 
then issue an executive proclamation ending the state of emergency.
SUMMARY
This bill:
1. Requires the emergency powers exercised by the Governor, a person within the 
executive branch or a municipal official that bind, curtail or infringe on the rights of private 
parties to be narrowly tailored to serve a compelling public 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 on a right guaranteed under 
the United States Constitution or the Constitution of Maine, including, but not limited to, 
freedom of travel, assembly, work, speech and religion and freedom to purchase and 
possess firearms and ammunition.  That order must be narrowly tailored to serve a 
compelling public health or safety purpose limited in duration, applicability and scope to 
reduce any infringement of a constitutional right;
2. 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 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;
3. 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 of the Legislature, vote to extend the state of emergency, the Governor may not 
declare a similar, subsequent state of emergency;
4. Provides that the Governor may not reissue or renew an emergency proclamation 
that is substantially similar to one that expired or reissue an emergency proclamation 
terminated by the Legislature without approval of the Legislature; and
5. Prohibits state agencies from adopting emergency rules without an emergency 
proclamation issued by the Governor.