The COVID Project
The record
- Jurisdiction
- Maine
- Level
- State
- Authority
- Me. Const. art. V, pt. 1, secs. 1 and 12; P.L. 1983, c. 460, sec. 3 (chapter enacted)
- Issued
- 2020-03-18 Mar. 18, 2020
- 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 (read as 2020-03-15)
- End
- standing (the Governor's emergency powers under sec. 742 lapsed with the emergency at midnight June 30, 2021; Ex. ME-060) (read as 2021-06-30)
- In force
- Standing since Mar. 15, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStay-at-homeBusiness closureGathering capTravel and quarantineStanding duty
- Addressees
- persons generally; owners or persons in control of premises (occupancy of premises, sec. 742(1)(C)(8)); all businesses (every Governor's order recites sec. 742(1)(C) and sec. 786); public officers and emergency management agencies (secs. 829-830)
- Character
- order penalty
- Collection
- Standing duties: Maine DUT-ME
Operative words
Duly appointed law enforcement officers of local, state and sheriffs' 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.
Penalty
sec. 786(1): Class E crime (up to six months' imprisonment and a $1,000 fine, as recited in EO 28 sec. VI, Ex. ME-011, and in Bayley's 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)
What it required
Every person to obey the Governor's 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 'the duty... to execute and enforce' (sec. 829), and which suspended every inconsistent law (sec. 834), the Governor having power to 'control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein' and to 'take whatever action is necessary to abate, clean up or mitigate whatever danger may exist within the affected area' (sec. 742(1)(C)(8), (12)).
Retrieval noteSec. 742(1)(C): 'After the filing of the emergency proclamation and in addition to any other powers conferred by law, the Governor may:... (2) Utilize all available resources of the State Government and of each political subdivision of the State as reasonably necessary to cope with the disaster emergency;... (5) Enlist the aid of any person to assist in the effort to control, put out or end the emergency or aid in the caring for the safety of persons;... (8) Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein;... (12) Take whatever action is necessary to abate, clean up or mitigate whatever danger may exist within the affected area.' Every Governor's order in the library recites these paragraphs (e.g., Ex. ME-007, ME-011, ME-042). Sec. 741(3)(H) ('Delegate any authority vested in the Governor under this chapter') is the basis of EO 16 FY 20/21 sec. III (Ex. ME-042), which made DECD's and DHHS's requirements 'enforceable in the same manner as an Executive Order.' Sec. 822 immunizes the State, its subdivisions and persons called out under sec. 784-A only 'while engaged in any emergency management activities and while complying with or attempting to comply with this chapter or any rule adopted pursuant to this chapter.' Sec. 834: 'all existing laws, rules and regulations inconsistent with this chapter or of any order or rule issued under the authority of this chapter shall be suspended during the period of time and to the extent that the inconsistency exists.' Sec. 742(1)(C)(13) (COVID-19-specific adjustments of deadlines and the like) and sec. 742(1)(E) (2021) are post-2020 additions and are described in Exs. ME-003 and DUT-ME-016. The file date in the name is the compilation date, not an issue date.