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Second Regular Session of the 120th

H.P. 1573 - L.D. 2079

An Act to Clarify the Law Enforcement Authority of Capitol Security Personnel

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, certain security officers whose authority has been expanded pursuant to the Maine Revised Statutes, Title 25, section 2908 to include law enforcement duties and powers do not meet the training requirements of Title 25, section 2804-C; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 25 MRSA §2801-B, sub-§1, ¶¶E and F, as enacted by PL 1999, c. 682, §4, are amended to read:

     Sec. 2. 25 MRSA §2801-B, sub-§1, ¶G is enacted to read:

     Sec. 3. 25 MRSA §2904, sub-§2, as amended by PL 1993, c. 361, Pt. E, §1, is further amended to read:

     2. Officials of governmental units. The officials of the governmental units listed in paragraphs A to E are authorized and empowered to adopt rules governing the access, use and occupancy of buildings or parts of buildings and of other public property that are under their respective supervisions. Rules adopted by the Legislative Council may include provisions governing security at legislative offices. Prior to adopting any such rule, the official shall consult with the Commissioner of Public Safety; the commissioner must be given an opportunity to review the rule and to comment upon its content and enforcement. These rules become effective upon deposit of a copy with the Secretary of State, who shall forward a copy attested under the Great Seal of the State to the District Court for Southern Kennebec. These rules are suspended to the extent necessary at any time when the Commissioner of Public Safety determines that an emergency exists within the facilities to which they apply, except that the commissioner may not suspend the rules governing the legislative offices without the consent of the Legislative Council. The Commissioner of Public Safety shall enforce rules adopted pursuant to this subsection, consistent with available resources and funding.

The governmental officials authorized and empowered by this subsection are:

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective January 22, 2002.

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