H.P. 404 - L.D. 546
An Act to Exempt Certain Law Enforcement Officers from the Full Course of Training at the Maine Criminal Justice Academy
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6671, sub-§8, ¶C, as amended by PL 1999, c. 255, §6 and affected by §8, is further amended to read:
C. A certified municipal shellfish conservation warden shall enforce the shellfish ordinances of the municipality employing the warden and, if the warden is authorized by the municipality and meets the training requirements of Title 25,
chapter 341 section 2804-I, may arrest all violators. The warden may serve all process pertaining to the ordinance. The warden also has, within that warden's jurisdiction, the powers of a marine patrol officer provided in section 6025, subsection 4. All of the powers conferred in this subsection are limited to the enforcement of a municipal shellfish conservation ordinance.
At the commissioner's request, a certified municipal shellfish conservation warden may collect samples and otherwise assist the department in the detection of pollutants and contaminants. The commissioner is not required to conduct tests on samples not requested by the commissioner.
Sec. 2. 25 MRSA §2801-B, sub-§1, ¶B, as amended by PL 1997, c. 678, §21, is further amended to read:
B. Agents or representatives of the Department of Conservation, Bureau of Parks and Lands, whose law enforcement powers are limited to those specified in Title 12, section 1821;
Sec. 3. 25 MRSA §2801-B, sub-§1, ¶C, as amended by PL 1989, c. 936, §2, is further amended to read:
C. Agents or representatives of the Department of Conservation, Bureau of Forestry, whose law enforcement powers are limited to those specified by Title 12, section 8901, subsection 3
Sec. 4. 25 MRSA §2801-B, sub-§1, ¶¶E and F are enacted to read:
E. Harbor masters; or
F. Municipal shellfish conservation wardens.
Sec. 5. 25 MRSA §2804-I is enacted to read:
§2804-I. Law enforcement training for harbor masters and municipal shellfish conservation wardens
Harbor masters and municipal shellfish conservation wardens must successfully complete the preservice law enforcement training requirements in section 2804-B and the in-service law enforcement training requirements in section 2804-E in order to have the power to make arrests or to carry a firearm. Harbor masters and municipal shellfish conservation wardens are exempt from section 2804-C.
Sec. 6. 38 MRSA §1, as amended by PL 1987, c. 655, §1, is further amended to read:
§1. Appointment; compensation
The municipal officers of a town, on request by any person desiring mooring privileges or regulation of mooring privileges for boats or vessels, shall appoint a harbor master for a term of not less than one year, who
shall be is subject to all the duties and liabilities of that office as prescribed by state law, municipal ordinances and regulations adopted by the municipal officers, municipal harbor commissioners, municipal port authorities or other such bodies empowered to regulate municipal harbors. The municipal officers may establish the harbor master's compensation and, for cause by them declared in writing, after due notice to the officer and hearing, if requested, remove the harbor master and appoint another one.
The municipal officers may prohibit a harbor master from making
arrest arrests or carrying a weapon. A harbor master may not make arrests or carry a firearm unless the harbor master has successfully completed the training requirements prescribed in Title 25, section 2804-I. Any law enforcement officer vested with the authority to carry a weapon and make arrests has the authority to enforce this subchapter.
Effective August 11, 2000, unless otherwise indicated.
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