Maine 2023-2024 Regular Session

Maine Senate Bill LD1872

Introduced
5/2/23  
Refer
5/2/23  

Caption

An Act to Restore Balanced Emergency Powers

Impact

Should LD1872 be enacted, it would significantly impact how emergency powers can be exercised in Maine. The legislation mandates that the Governor must seek legislative approval for any state of emergency exceeding 30 days, effectively putting a check on executive authority. It also allows for courts to challenge emergency orders and ensures that any such orders are time-bound and contextually justified, thereby promoting transparency and accountability within the government during emergencies.

Summary

LD1872, titled 'An Act to Restore Balanced Emergency Powers', seeks to redefine the scope and duration of emergency powers exercised by state and local officials, particularly the Governor. The bill stipulates that any emergency order that infringes upon private rights must be narrowly tailored to serve a compelling public health or safety purpose. This marks a significant shift toward enhancing individual liberties and limiting governmental authority in emergency situations, aiming to hold elected officials accountable for their actions during crises.

Sentiment

The sentiment surrounding LD1872 reflects a mixture of support and criticism. Proponents argue that the bill is essential for protecting civil liberties and preventing government overreach, especially in light of the challenges faced during the recent health crisis. Supporters see it as a necessary move toward restoring balance between state authority and individual rights. Conversely, critics express concerns that such limitations on emergency powers could hinder swift action during public health emergencies, potentially undermining efforts to protect the community effectively.

Contention

Notable points of contention include the balance between governmental authority and individual rights during emergencies. Supporters of the bill emphasize the need for checks on the Governor's power to prevent arbitrary decision-making that could encroach upon constitutional freedoms. In contrast, opponents warn that overly constraining emergency powers may jeopardize timely responses in critical situations, suggesting that flexibility is vital for managing public health effectively. This division underscores a broader debate regarding the limits of executive power in crisis management.

Companion Bills

No companion bills found.

Previously Filed As

ME LD551

An Act to Restore Balanced Emergency Powers

ME LD1862

An Act to Restore Balanced Powers During a State of Emergency

ME SB448

California Emergency Services Act: emergency powers: limitation.

ME SB933

California Emergency Services Act: emergency powers: Disaster Response-Emergency Operations Account.

ME HB1337

Emergency powers.

ME HB1397

Emergency powers.

ME HB1262

Emergency powers.

ME HB1145

Emergency powers.

ME LD1876

An Act to Enhance Legislative Participation in the Governor's Use of Emergency Powers

ME H1623

Emergencies

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