An Act To Update and Clarify Statutes Related to or Administered by the Department of Public Safety
Maine Legislature, Session 124, LD 0915
Committee: Criminal Justice and Public Safety
Sponsors: HASKELL, SYKES, GERZOFSKY
Amends: 5 MRSA §948, 23 MRSA §6072, 25 MRSA §1533, 25 MRSA §2801-B, 25 MRSA §2901-A, 25 MRSA §2902, 25 MRSA §2903, 25 MRSA §2904, 25 MRSA §2906, 25 MRSA §2908

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 915 
H.P.633 
House of Representatives, March 9,2009 
An Act To Update and Clarify Statutes Related to or Administered 
by the Department of Public Safety 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative HASKELL of Portland. 
'I1/~d: 1J7.17!1!£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: SYKES of HmTison, Senator: GERZOFSKY of Cumberland. 
Printed un I ec) d~d papr!" 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRSA §948, slllb-§l, as amended by PL 2003, c. 20, Pt. R, §§5 and 
6, is further amended to read: 
1. Major policy-influencing positions. The following positions are major policy-
influencing positions within the Department of Public Safety. Notwithstanding any other 
provision of law, these positions and their successor positions shall be are subject to this 
chapter: 
A. 
Chief, Bureau of State Police; 
C. 
Director, Office of State Fire Marshal; 
D. 
Director, Maine Criminal Justice Academy; 
E. 
Assistant to the Commissioner for Public Information; 
G. +we Deputy Ghlefs Chief, Bureau of State Police; 
H. 
Director, Bureau of Highway Safety; 
J. 
Director, Maine Drug Enforcement Agency; 
J. 
Assistant Director, Maine Drug Enforcement Agency; 
K. 
Two majors, Bureau of State Police; arui 
L. 
Director, Maine Emergency Medical Services~~ 
M. Director, Bureau of Consolidated Emergency Communications; and 
N. Director, Bureau of Building Codes and Standards. 
PART B 
Sec. B-1. 23 MRSA §6072, slllb-§l, errA, as amended by PL 2003, c. 199, § 1, is 
further amended to read: 
A. 
Has met all the education and training requirements as outlined under former 
Title 25, section 2805, first paragraph or Title 25, sections section 2804-B arui or 
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2804-C; 
PART C 
Sec. C-L 25 MRSA §1533, as enacted by PL 2003, c. 678, §2, is repealed and the 
following enacted in its place: 
§1533. Bureau of Consolidated Emergency Communications 
The Bureau of Consolidated Emergency Communications, referred to in this chapter 
as "the bureau," is established within the department for the provision of emergency 
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dispatch and E-9-1-1 call-taking services to municipal, county and state government 
entities. 
1. Coordination with the Public Utilities Commission. In accordance with a 
designation made by the Public Utilities Commission, the department shall provide E-9-
1-1 call-taking services. 
2. Director; duties. The Commissioner of Public Safety shall hire a Director of the 
Bureau of Consolidated Emergency Communications, referred to in this chapter as "the 
director." The director shall carry out policies and procedures established by the board. 
The director shall administer the bureau to safeguard the public safety by the provision of 
24-hour per day E-9-1-1 call-taking and dispatching services to first responders. 
PARTD 
Sec. D-l. 25 MRSA §2801-B, sub-§l, t'f[H, as amended by PL 2005, c. 139, § 1 
and c. 331, §6, is f1l11her amended to read: 
H. The State Fire Marshal or Assistant State Fire Marshal; 
PARTE 
Sec. E-l. 25 MRS A §2901 1 as amended by PL 2003, c. 451, Pt. T, §4, is further 
amended to read: 
§2901. Department; commissioner 
There is created and established the DepaJ1ment of Public Safety to coordinate and 
efficiently manage the law enforcement and public safety responsibilities of the State, to 
consist of the Commissioner of Public Safety, in this chapter called "commissioner," who 
is appointed by the Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over criminal justice matters and to confirmation by the 
Legislature, to serve at the pleasure of the Governor, and the following: the Bureau of 
State Police, the Office of the State Fire Marshal, the Maine Criminal Justice Academy, 
the Bureau of Highway Safety fHtEl.>. the Maine Drug Enforcement Agency, Maine 
Emergency Medical Services, the Bureau of Capitol Security, the Bureau of Consolidated 
Emergency Communications, the Bureau of Building Codes and Standards and the 
Gambling Control Unit. 
Sec. E-2. 25 MRSA §2901-A, as enacted by PL 1975, c. 579, § 11, is amended to 
read: 
§2901-A. Duties of commissioner 
The commissioner shall be is the chief executive officer of the Depal1ment of Public 
Safety,.---He and shall coordinate and supervise the activities and programs of the bureaus 
and agency wh-i-e-h that are part of the department; undertake comprehensive planning and 
analysis with respect to the functions and responsibilities of the department; fHtEl develop 
and implement, whenever necessary, procedures and practices to promote economy and 
coordination within the depal1ment; and actively seek cooperation between the 
depaJiment and all other law enforcement officers and agencies in the State. From time to 
time, fle the commissioner shall recommend to the Governor and Legislature such 
changes in the laws relating to the organization, functions, services or procedures of the 
agency and bureaus of the depaliment as he shall deem the commissioner c0nsiders 
desirable. The commissioner shall prepare a budget for the depaliment. 
Sec. E-3. 25 MRS A §2902, sub-§7, as amended by PL 2001, c. 559, Pt. KK, §4, 
is fUliher amended to read: 
7. Bureau of Highway Safety. The Bureau of Highway Safety, which is under the 
direction of the Director of the Bureau of Highway Safety. The bureau is responsible for 
the State's highway safety program. The bureau is authorized to develop and implement a 
process for obtaining infonnation about highway safety programs administered by other 
state and local agencies and to provide and facilitate the provision of financial and 
technical assistance to other state agencies and political subdivisions for the purpose of 
developing and carrying out highway safety programs; am:l 
Sec. E-4. 25 MRSA §2902, sub-§S, as enacted by PL 2001, c. 559, Pt. KK, §4, is 
amended to read: 
8. Bureau of Capitol Security. The Bureau of Capitol Security, which is under the 
direction of the Director Chief of the Bureau of Capitol Security. Security officers of this 
bureau are those appointed by the Commissioner of Public Safety pursuant to section 
2908~~ 
Sec. E-5. 25 MRS A §2902, sub-§9 is enacted to read: 
9. 
Bureau of Consolidated Emergency Communications. 
The Bureau of 
Consolidated Emergency Communications, which is under the direction of the Director of 
the Bureau of Consolidated Emergency Communications; 
Sec. E-6. 25 MRSA §2902, s1.llb-§10 is enacted to read: 
10. Maine Emergency Medical Services. The Maine Emergency Medical Services, 
which is under the direction of the Director of Maine Emergency Medical Services; 
Sec. E-7. 25 MRSA §2902, s1.IIb-§11 is enacted to read: 
11. Bureau of Building Codes and Standards. The Bureau of Building Codes and 
Standards, which is under the direction of the Director of the Bureau of Building Codes 
and Standards; and 
Sec. E-S. 25 MRSA §2902, sub-§12 is enacted to read: 
12. Gambling Control Unit. The Gambling Control Unit. 
Sec. E-9. 25 MRSA §2903, as enacted by PL 1977, c. 37, is amended to read: 
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§2903. Temporary enforcement powers 
The Commissioner of Public Safety, at ltffi the commissioner's discretion, is 
authorized to grant statewide power of enforcement of the criminal laws of the State to 
!eeaJ. county and municipal law enforcement officers, as defined in section ~ 
I-A. 
subsection 5, assigned to the DepaIiment of Public Safety for the duration of that 
assignment, according to procedures established for that purpose. That power ffial.t may 
be granted only to !eeaJ. county and municipal law enforcement officers who have 
completed a basic training course at the Maine Criminal Justice Academy or for whom 
the basic training course has been waived by the board of trustees of the academy because 
of equivalent training, as provided in section ~ 
2804-C, subsection 1 or 5. 
Sec. E-IO. 25 MRSA §2904, sub-§l, as amended by PL 2001, c. 559, Pt. KK, 
§5, is fllIiher amended to read: 
1. 
Commissioner of Public Safety. Except as provided in subsection 2, the 
Commissioner of Public Safety is authorized and empowered to adopt rules, including a 
schedule of parking violation fees, subject to the approval of the Governor, governing the 
security regarding use and occupancy of all parks, grounds, buildings and appllIienances 
maintained by the State at the capitol area or other state-controlled locations in Augusta. 
These rules become effectiveupOfl-€leposit of a copy ",dth the Secretary of State, who 
shall fonvard a copy attested under the Great Seal of the State to the District Court for 
Southern Kennebec. Prior to adoption of new or amended rules, the commissioner shall 
provide notice of rulemaking to the Legislative Council. Rules adopted pursuant to this 
subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2-A. 
Sec. E-ll. 25 MRSA §2906, as amended by PL 1991, c. 665, §§1 and 2, is 
repealed and the following enacted in its place: 
§2906. Rules 
1. Rules. The Commissioner of Public Safety is authorized and empowered to make 
and enforce rules, subject to the approval of the Governor, governing the use of public 
ways and parking areas maintained by the State at the capitol area or other state-
controlled locations in Augusta. 
2. Fees. The Commissioner of Public Safety may by rule establish a method by 
which persons charged with the violation of parking regulations may waive all court 
action by payment of specified fees within specified periods of time. These rules may 
provide that a vehicle unlawfully parked is prima facie evidence of the unlawful parking 
of the vehicle by the person in whose name the vehicle is registered. The specified fee for 
any violation must be at least $10. 
Rules adopted pursuant to this section are routine technical rules as described in Title 
5, chapter 375, subchapter 2-A. 
Sec. E-12. 25 MRSA §2908, as repealed and replaced by PL 1989, c. 857, §59, is 
repealed and the following enacted in its place: 
§2908. Security officers; powers and duties; cooperation 
1. Appointment of security officers. The Commissioner of Public Safety may 
appoint and employ security officers, subject to the Civil Service Law. The specific 
duties and powers of security officers appointed and employed are to patrol the public 
ways and parking areas, as defined by section 2905, to provide security for all parks, 
grounds, buildings and appurtenances maintained by the State in the capitol area and 
other state-controlled locations designated by the commissioner and to enforce any rules 
adopted pursuant to this chapter. The commissioner may expand the duties and powers 
of security officers in the capitol area, other state-controlled locations and public ways 
designated by the commissioner beyond the duties and powers enumerated in this section 
to investigate, prosecute, serve process on and arrest violators of any law of this State. 
Security officers may issue summons in the course of their duty to enforce this section. 
The commissioner, at the commissioner's discretion, is authorized to grant statewide 
power of enforcement of any law of this State to security officers described in this 
subsection. That power may be granted only to security officers who have completed a 
basic training course at the Maine Criminal Justice Academy or for whom the basic 
training course has been waived by the board of trustees of the academy because of 
equivalent training, as provided in section 2804-C, subsection 1 or 5. The commissioner 
shall provide forms and standard operating procedures to security officers to carry out 
their functions under this section. 
2. Cooperation of other law enforcement agencies. The State Police, sheriffs, 
deputy sheriffs, constables and municipal police officers shall, as far as possible, 
cooperate with the security officers appointed and employed UIlder this section in the 
enforcement of rules adopted pursuant to this chapter and any law of th is State. 
SUMMARY 
This bill: 
1. Updates the list of major policy-influencing positions of the DepaItment of Public 
Safety; 
2. Corrects the definition of "qualified person" in the Maine State Railroad Police 
Act; 
3. Establishes the Bureau of Consolidated Emergency Communications; 
4. 
Clarifies that the trallung standards and requirements of the Maine Revised 
Statutes, Title 25, section 2803-B do not apply to the Assistant State Fire Marshal; 
5. Designates rules adopted by the Commissioner of Public Safety governing the 
security regarding use and occupancy of parks, grounds and buildings maintained by the 
State at the capitol area or other state-controlled locations in Augusta as routine technical 
rules; 
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6. Designates rules adopted by the Commissioner of Public Safety governing the use 
of public ways and parking areas maintained by the State at the capitol area or other state-
controlled locations in Augusta as routine technical rules; 
7. 
Authorizes the Commissioner of Public Safety to grant statewide power of 
enforcement of any law of this State to a capitol security officer if that officer has 
completed a basic training course at the Maine Criminal Justice Academy or equivalent 
training; and 
8. Generally updates and corrects statutes relating to the organizational structure of 
the Depaliment of Public Safety.