Maine Gov. Paul LePage Emergency Proclamation

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  • 7/27/2019 Maine Gov. Paul LePage Emergency Proclamation

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    WHEREAS, the Civil Emergency Preparedness Act (CEPA), 37-B MRSA 701-850 confers

    emergency powers upon the Governor in civil emergencies;

    WHEREAS, since October 1, 2013, Congress has failed to pass appropriations legislation for the 2014

    fiscal year;

    WHEREAS, the shutdown of federal government and the resultant impacts to the State of Maine haveunexpectedly extended beyond a time period manageable by the State of Maine;

    WHEREAS, the State of Maine funds hundreds of state programs with federal grant moneys that are

    not currently available due to the federal shutdown;

    WHEREAS, the State of Maine regularly employs thousands of workers whose positions are funded

    either entirely or partially by federal moneys;

    WHEREAS, the loss of federal revenue disrupts state services and interferes with the Governors

    ability to meet his obligation to protect the health, safety, and welfare of Maine citizens;

    WHEREAS, there may be statutory or regulatory obligations with which the state is unable to comply

    due to impacts from the federal shutdown;

    WHEREAS, Departments and Agencies of the Executive Branch of the State of Maine may be unableto comply with, carry out or enforce their laws or provide state services;

    WHEREAS, Congress has failed to pass appropriations legislation to meet its obligation to fund the

    employment of thousands of State of Maine employees over a prolonged period of time;

    WHEREAS, it is unknown at this time whether appropriation legislation ultimately passed by Congress

    will fund and authorize reimbursement of the States expenditures since October 1, 2013 which weremade in reliance on previously promised federal funding;

    WHEREAS, the State of Maine has incurred the cost of wages of the aforementioned State of Maine

    employees due to the lapse of previously promised federal funding;

    WHEREAS, the Governor has no authority to continue to pay these wages that the federal government

    is failing to fund;

    WHEREAS, the State of Maine has a severely constrained budget and the Governor has no authority to

    continue to make payments that have not been appropriated;

    WHEREAS, these constraints prohibit the State of Maine from continuing to employ workers whose

    positions the federal government is failing to fund;

    WHEREAS, this substantially affects the means by which the Executive Branch may faithfully executethe laws in accordance with Article V, Part First, Section 12 of the Maine Constitution;

    WHEREAS, these stated constraints and circumstances give rise to a civil emergency within the

    meaning of the Maine Civil Emergency Preparedness Act, 37-B MRSA 701 et. Seq; and,

    WHEREAS, the CEPA empowers the Governor, upon declaration of a civil emergency, to minimizeand repair injury and damage resulting from the emergency;

    NOW THEREFORE, I, Paul R. LePage, Governor of the State of Maine, by virtue of the authority

    vested in me by the Constitution and the laws of Maine, and after finding that the aforementioned

    conditions constitute a civil emergency within the meaning of 37B M.R.S.A. 742, I do hereby declare

    a State of Civil Emergency as of October 9, 2013 and exercise my authority to suspend strictcompliance with laws or rules that prevent, hinder, and delay effective management of the emergency