S.P. 621 - L.D. 1689
An Act To Provide Reciprocal Authority to New Hampshire Marine Patrol Officers To Investigate Potential Terrorist Activities in Maine Waters
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, New Hampshire grants Maine marine patrol officers the authority to enter New Hampshire waters of the Piscataqua River and Portsmouth Harbor to help secure New Hampshire from possible terrorist activities; and
Whereas, New Hampshire marine patrol officers must be able to work cooperatively with Maine marine patrol officers in Maine waters of the Piscataqua River and Portsmouth Harbor to help secure Maine from possible terrorist activities; and
Whereas, New Hampshire marine patrol officers currently have no authority to aid Maine marine patrol officers in the investigation and prevention of possible terrorist activities in Maine waters of the Piscataqua River and Portsmouth Harbor; 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. 12 MRSA §6025-A is enacted to read:
§6025-A. New Hampshire marine patrol
A member of the New Hampshire marine patrol who, in the course of patrolling the waters of the Piscataqua River or Portsmouth Harbor, observes activity that the officer reasonably suspects may result in loss of life, widespread injury or widespread and severe property damage has authority to enter Maine and has the same authority to investigate, detain and execute an arrest as a Maine marine patrol officer. When a member of the New Hampshire marine patrol is engaged in Maine in carrying out the purpose of this subsection, that member has all the same privileges and immunities as Maine marine patrol officers in addition to privileges and immunities available under New Hampshire law.
The commissioner shall immediately notify the Secretary of State of New Hampshire if this section is repealed or amended to significantly alter its application.
Sec. 2. Contingent repeal date; reciprocal legislation. This Act is repealed if the Maine Commissioner of Marine Resources certifies to the Secretary of State and submits a copy of that certification to the Office of the Revisor of Statutes that the State of New Hampshire has repealed the New Hampshire Revised Statutes Annotated, Title XXII, chapter 270, section 270:12-e or amended that section so that it is no longer substantially the same as the Maine Revised Statutes, Title 12, section 6025-A as enacted in this Act.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective February 19, 2004.
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