An Act To Authorize Certain County Jail Employees To Perform Ministerial Functions Related to Preparing Personal Recognizance or Unsecured Appearance Bond
Maine Legislature, Session 122, LD 2031
Committee Amendment CA_A_H863 (House)
Amends: 30-A MRSA §353

COMMITTEE AMENDMENT "PI" to H.P. 1429, L.D. 2031, Bill, "An Act To 
Authorize Certain County Jail Employees To Perform Ministerial Functions Related to 
Preparing Personal Recognizance or Unsecured Appearance Bond " 
Amend the bill by striking out the title and substituting the following: 
'An Act To Authorize Certain County Jail Employees To Perform Certain 
Ministerial and Notary Functions for Inmates' 
Further amend the bill by striking out all of the emergency preamble and inserting in 
its place the following: 
'Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, authorizing certain county jail employees to perform ministerial functions 
related to preparing personal recognizance or an unsecured appearance bond and 
providing notary services has been the practice of several jails and has been of benefit to 
both the jails and their inmates; and 
Whereas, the provision of these ministerial functions and notary services has 
unintentionally been in violation of the Maine Revised Statutes, Title 30-A, section 353; 
and 
Whereas, enacting a permissible process for these ministerial functions and notary 
services will continue to benefit the jails and the inmates; 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,' 
Further amend the bill by inserting after section 1 the following: 
'Sec. 2. 30-A MRSA §353, as amended by PL 1989, c. 104, Pt. A, §8 and Pt. C, 
§§8 and 10, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "If to H.P. 1429, L.D. 2031 
§353. Officer not to act as attorney or draw papers; employee of jailer not to act as 
judge or attorney 
We An officer may not appear before any court as attorney or adviser of any party in 
an action or draw any writ, complaint, declaration, citation, process or plea for any other 
person; all such acts are void. We A person employed by the keeper of a jail in any 
capacity may not exercise any power or duty of a judicial officer or notary public or act 
as attorney for any person confined in the j ail; all such acts are void. Beginning April 15, 
2006, if commissioned as a notary public and authorized to do so by the sheriff, an 
employee of a jail, other than a part-time or full-time corrections officer or a deputy 
sheriff, may, without fee, exercise any power or duty of a notary public for any person 
confined in the jail. 
Sec. 3. Retroactivity. That section of this Act that amends the Maine Revised 
Statutes, Title 30-A, section 353 applies retroactively to February 28, 1989.' 
SUMMARY 
Beginning April 15, 2006, this amendment authorizes county jail employees, other 
than corrections officers or deputy sheriffs, who have a commission as a notary public to 
provide notary public services for inmates if authorized to do so by the sheriff. Inmates 
frequently require access to notary public services and unless county jail employees are 
allowed to perform them, there is no practical way for inmates to obtain such access. On 
February 28, 1989, "judicial officer or notary public" was substituted for "magistrate" in 
this provision, apparently in the mistaken belief that a notary public performed judicial 
functions. 
However, as of 1988, this was no longer true and a notary public was 
restricted to performing only ministerial functions. 
Therefore, there is no legal 
impediment to or conflict of interest for a jail employee to also act as a notary public for 
inmates. 
This amendment also changes the emergency preamble and adds a retroactivity 
clause. Due to ignorance of the law on the part of inmates and employees alike, since 
1989 numerous county jail inmates have requested and been afforded notary public 
services from county jail employees, including notarizing documents such as affidavits, 
wills, living wills and powers of attorney and performing marriage ceremonies. Making 
this change retroactive validates the authority of a jail employee who provided notary 
services for an inmate at any time since 1989 to act as a notary. 
FISCAL :\OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/16/06 :;:tb?ac:.. 
LD 2031 
LR 3178(02) 
An Act To Authorize Certain County Jail Employees To Perform Ministerial Functions Related to 
Preparing Personal Recognizance or Unsecured Appearance Bond 
Fiscal Note for Bill as Amended by Committee Amendment "/).,, 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR3178(2) - Fiscal Note - Page 1 of 1