{"id":"DUT-ME-004","kind":"duty","level":"state","jurisdiction":"Maine","state":"ME","metro":"","industry":"","agency":"","eco":"","issuer":"Maine Legislature (37-B M.R.S. chapter 13, Maine Emergency Management Agency; Governor\u0027s emergency powers)","authority":"Me. Const. art. V, pt. 1, secs. 1 and 12; P.L. 1983, c. 460, sec. 3 (chapter enacted)","instrument":"37-B M.R.S. secs. 703 (definitions), 741(3)(H) (delegation), 742 (emergency proclamation; Governor\u0027s powers; sec. 742(1)(C)(2), (5), (8), (12), (13) and (1)(E)), 743 (termination), 786 (enforcement; Class E crime; arrest), 822 (compliance-conditioned immunity), 827 (aid in emergency; Class E crime), 829 (duty of agencies to execute and enforce orders), 834 (inconsistent laws suspended)","title":"Title 37-B, Chapter 13: Maine Emergency Management Agency (Maine Revised Statutes, chapter compilation generated October 20, 2025)","dateIssued":"2020-03-18","effective":"standing; sec. 742 powers activated by the Proclamation of Mar. 15, 2020 (Ex. ME-001) and its sixteen renewals through midnight June 30, 2021 (Exs. ME-018 to ME-059); secs. 786, 827, 829 and 834 in force throughout","end":"standing (the Governor\u0027s emergency powers under sec. 742 lapsed with the emergency at midnight June 30, 2021; Ex. ME-060)","startDate":"2020-03-15","endDate":"2021-06-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMER","STAY","CLOSE","TRAV","GATH"],"addressees":["persons generally; owners or persons in control of premises (occupancy of premises, sec. 742(1)(C)(8)); all businesses (every Governor\u0027s order recites sec. 742(1)(C) and sec. 786); public officers and emergency management agencies (secs. 829-830)"],"clause":"Duly appointed law enforcement officers of local, state and sheriffs\u0027 organizations are empowered to enforce any of the provisions of this chapter or any rules promulgated thereunder in times of an emergency... Failure to comply with any just or reasonable order relative to enforcement from a duly appointed law enforcement officer is a Class E crime.","enforcement":"sec. 786(1): Class E crime (up to six months\u0027 imprisonment and a $1,000 fine, as recited in EO 28 sec. VI, Ex. ME-011, and in Bayley\u0027s Campground, Ex. DUT-ME-011 at 3); sec. 786(2): power of arrest; sec. 827: Class E crime for refusing without reasonable cause to render aid the Governor requests; sec. 830: civil forfeiture for officers who violate the chapter; the orders add license, permit and occupancy consequences and closure (Ex. ME-011 sec. IV(F); Ex. ME-029 sec. II; Ex. ME-046 sec. III)","functions":[],"notes":"Every person to obey the Governor\u0027s emergency orders and rules, which every law enforcement officer in Maine was empowered to enforce with the power of arrest (sec. 786(1)-(2)), which every emergency management agency had \u0027the duty... to execute and enforce\u0027 (sec. 829), and which suspended every inconsistent law (sec. 834), the Governor having power to \u0027control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein\u0027 and to \u0027take whatever action is necessary to abate, clean up or mitigate whatever danger may exist within the affected area\u0027 (sec. 742(1)(C)(8), (12)).","sourceUrl":"https://legislature.maine.gov/statutes/37-B/title37-Bch13.pdf","snapshot":"","fileExists":true,"fileBytes":263634,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-ME","url":"/library/DUT-ME-004","exhibitUrl":"/exhibit/DUT-ME-004","citation":"Maine Legislature (37-B M.R.S. chapter 13, Maine Emergency Management Agency; Governor\u0027s emergency powers), 37-B M.R.S. secs. 703 (definitions), 741(3)(H) (delegation), 742 (emergency proclamation; Governor\u0027s powers; sec. 742(1)(C)(2), (5), (8), (12), (13) and (1)(E)), 743 (termination), 786 (enforcement; Class E crime; arrest), 822 (compliance-conditioned immunity), 827 (aid in emergency; Class E crime), 829 (duty of agencies to execute and enforce orders), 834 (inconsistent laws suspended) (standing) (Ex. DUT-ME-004)","stateName":"Maine","related":["ME-060","ME-001","ME-018","ME-059","ME-007","ME-011","ME-042","ME-003","DUT-ME-016","DUT-ME-011","ME-029","ME-046"]}