03/18/2021

COVID-19: Maine Governor Janet Mills Extends State of Emergency

Note: Going forward, we will no longer provide monthly updates when the governor issues an extension of the state of civil emergency.  However, we will provide an alert to inform you when such a proclamation includes material changes to any executive orders, and when the governor allows the state of civil emergency to expire.

On Wednesday, March 17, 2021, Governor Janet Mills issued a proclamation extending Maine’s State of Civil Emergency through April 15, 2021. This is the 13th proclamation renewing the state of civil emergency (which, by law, terminates in 30 days unless renewed by the governor), and keeps Maine in line with nearly every other state in the nation. 

As with previous renewals, this proclamation allows Governor Mills to continue deploying all available state resources to respond to the pandemic. The proclamation also continues to grant emergency powers to the Department of Health and Human Services, and continues Maine’s eligibility for certain federal aid related to COVID-19. When the new fiscal year began on July 1, 2020, the numbering of executive orders started at number 1 for Fiscal Year 2020/2021.

The new proclamation does not change the expiration dates of Executive Order 55 (FY 19/20), An Order to Further Implement the Restarting Plan or Executive Order 14 (FY 20/21), An Order to Implement Phase Four of the Restarting Maine’s Economy Plan.  These orders remain in effect until rescinded.  Nor does it change the expiration dates of Executive Order 57 (FY 19/20), An Order Regarding Travelers into Maine (which also authorizes the implementation of the Keep Maine Healthy Plan) or Executive Order 2 (FY 20/21), An Order Strengthening the Use of Face Coverings. These orders remain in effect unless sooner amended, renewed, or terminated. 

Additionally, the following orders remain in effect until repealed or amended:

  • Executive Order 16 (FY 20/21), An Order to Revise Indoor Gathering Limits, Strengthen Face Covering Requirements and Delegate Certain Authority
  • Executive Order 18 (FY 20/21), An Order Authorizing the Modification of the COVID-19 Quarantine Period to Reflect the Best Available Science
  • Executive Order 31 (FY 20/21), An Order Amending Indoor Gathering Limits
  • Executive Order 35 (FY 20/21), An Order Amending Gathering Limits and Travel Restrictions to Reflect Current Conditions and the Best Available Science

In addition, several other executive orders (listed below and summarized) have been extended as a result of the new proclamation. These orders remain in effect until the state of civil emergency is terminated, unless amended or rescinded sooner:

  • Executive Order 23 (FY 19/20), Suspending Provisions of the Maine Pharmacy Act to Facilitate the Continuation of Out-of-State Clinical Trials of Investigational Drugs
  • Executive Order 35 (FY 19/20), Suspending Enforcement of Provisions of Certain Licensing Statutes
    • Section I(E) of Executive Order 35 (FY 19/20) has been repealed and replaced in Executive Order 29 (FY 20/21). All other provisions of Executive Order 35 (FY 19/20) remain in effect.
  • Executive Order 42 (FY 19/20), COVID-19 Related Loan Guarantee Program
  • Executive Order 43 (FY 19/20), Extraordinary Emergency Financial Orders
  • Executive Order 46 (FY 19/20), Law Enforcement Related Licensing Requirements and Training Deadlines
  • Executive Order 47 (FY 19/20), Eligibility for Children’s Homeless Shelters
  • Executive Order 48 (FY 19/20), Rulemaking for Federal Funding of MaineCare
  • Executive Order 54 (FY 19/20), Admissions to the Department of Corrections
  • Executive Order 5 (FY20/21), Rent Supports and Housing Protections
  • Executive Order 6 (FY 20/21), Outdoor Gatherings and Face Coverings for Children
  • Executive Order 9 (FY 20/21), Amending Executive Orders 55 FY 19/20 and 1 FY 20/21
  • Executive Order 12 (FY 20/21), Work Search Requirements for Unemployment Benefit Eligibility
  • Executive Order 17 (FY 20/21), Training Deadlines for Judicial Marshals
  • Executive Order 34 (FY 20/21), An Order Extending the Term of Conditional Adult Use Marijuana Establishment Licenses

The following orders will expire 30 days after the termination of the state of civil emergency unless amended or rescinded sooner:

  • Executive Order 24 (FY 19/20), Recycling and Solid Waste Facility Operating Hours
  • Executive Order 30-A (FY 19/20), Extension of the Current Use Taxation Deadline
  • Executive Order 31 (FY 19/20), Extending Deadlines Related to Certain Property Tax Exemptions
  • Executive Order 37 (FY 19/20), Modifying Certain In-Person Notarization and Acknowledgement Requirements
  • Executive Order 38 (FY 19/20), Expiration of Optometric Lens Prescriptions
  • Executive Order 40 (FY 19/20), Unlawful Evictions, Writs of Possession and Initiation of Eviction Proceedings
  • Executive Order 44 (FY 19/20), Extending a Certain Reporting Period (pertaining to sentinel events)
  • Executive Order 7 (FY 20/21), Pre-K-12 Education
  • Executive Order 8 (FY 20/21), November 2020 General Election
  • Executive Order 21 (FY 20/21), Addressing the Need for Certified Nursing Assistants During the COVID-19 Pandemic
  • Executive Order 23 (FY 20/21), Expanding Staffing for Unemployment Appeals
  • Executive Order 26 (FY 20/21), Transferring Authority to Waive Overpayments from the Unemployment Insurance Commission to the Commissioner of the Department of Labor
  • Executive Order 27 (FY 20/21), Extending the Effectiveness of Certain Provisions of Maine’s Emergency COVID-19 Response Statutes

The following order will expire 90 days after the termination of the state of civil emergency unless rescinded sooner:

  • Executive Order 1 (FY 20/21), Suspending Enforcement of Certain Licensing Statutes and Rules (pertaining to professional licenses)

For questions regarding this alert or any of Governor Mills’ executive orders related to COVID-19, please contact attorneys Ann Robinson or Newell Augur.