An Act To Require Forest Rangers To Be Trained in Order To Allow Them To Carry Fireanns
Maine Legislature, Session 126, LD 0297
Committee Amendment CA_A-SA_A_S423 (Senate)
Amends: 12 MRSA §8901, 12 MRSA §8901-A, 36 MRSA §4317

SENATE AMENDMENT" A " to COMMITTEE AMENDMENT "A" to H.P. 206, 
L.D. 297, Bill, "An Act To Require Forest Rangers To Be Trained in Order To Allow 
Them To Carry Fireanns" 
Amend the amendment by striking out everything after the title and before the 
summary and inserting the following: 
'Amend the bill by striking out the title and substituting the following: 
'An Act To Create the Position of Conservation Officer To Provide for the Armed 
Protection of the Forests' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRS A §8901, sub-§2, ~, as amended by PL 2013, c. 130, § 1 and c. 
405, Pt. A, §24, is further amended to read: 
D. Enforce the civil portions of Title 36, chapter 701 relating to blueberries, all civil 
laws relating to forests and forest preservation, civil laws relating to the Maine Land 
Use Planning Commission and civil laws and rules relating to lands under the 
jurisdiction of the Bureau of Parks and Lands; 
Sec. 2. 12 MRSA §8901, sub-§2, ~G, as amended by PL 1989, c. 174, §1, is 
further amended to read: 
G. Carry out such other duties as the director prescribes; arul 
Sec. 3. 12 MRSA §8901, sub-§2, ~, as enacted by PL 1989, c. 174, §2, is 
amended to read: 
H. Have rights of access to all lands within the State to can)' out the duties they are 
authorized by law to administer and enforce. Entry into private property under this 
paragraph is not a trespass. This paragraph does not authOlize entry into any building 
or structure~; and 
Sec. 4. 12 MRS A §8901, sub-§2, ~ is enacted to read: 
SENATE AMENDMENT 
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SENATE AMENDMENT" A " to COMMITTEE AMENDMENT "A" to H.P. 206, L.D. 297 
I. Investigate, plan and implement measures regarding forest health issues, including 
the control of invasive forest insect species, and provide support to the units within 
the bureau that are responsible for forest health and insect disease controL 
Sec. 5. 12 MRSA §8901, sub-§3, ~A, as amended by PL 2013, c. 130, §2 and c. 
405, Pt. A, §24, is further amended to read: 
A. Forest rangers and the state supervisor, for the purpose of enforcing the civil 
provisions of Title 36, chapter 701 relating to blueberries, civil forest and forest 
preservation laws, civil laws of the Maine Land Use Planning Commission and civil 
laws and rules relating to the lands under the jurisdiction of the Bureau of Parks and 
Lands, have statewide law enforcement powers equi¥alent to those of a sheriff, or a 
sheriff's deputy, in the sheriff's county, including the right to execute or serve 
criminal and civil violation processes against offenders, make warrantless arrests for 
crimes, investigate and prosecute offenders, require aid in executing forest ranger 
duties and deputize temporary aides; and 
Sec. 6. 12 MRS A §8901, sub-§3, ~, as enacted by PL 1999, c. 352, §1 and 
. amended by PL 2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §23, is repealed. 
Sec. 7. 12 MRSA §8901, sub-§3-A, as enacted by PL 1999, c. 352, §2, is 
amended to read: 
3-A. Liability. When a forest ranger or the state supervisor provides assistance 
under subsection 3, paragraph C while off duty, the forest ranger or the state supervisor 
has the same itmnunity from tort liability and all the pension, relief, disability, workers' 
compensation and insurance benefits and any other benefits the forest ranger or the state 
supervisor enjoys while perfonning duties under subsection 3, paragraphs paragraph A 
and-B. 
Sec. 8. 12 MRSA §8901-A is enacted to read: 
§8901-A. Conservation officers 
1. Appointment; eligibility. The Director of the Bureau of Forestry shall appoint, 
subject to the Civil Service Law, up to 9 conservation officers, who may each be anned 
with a fire ann. Conservation officers must meet the training, certification and evaluation 
standards, including a psychological screening test, for full-time law enforcement officers 
established by the department and the Board of Trustees of the Maine Criminal Justice 
Academy pursuant to Title 25, section 2803-A, subsection 1. Notwithstanding any laws 
to the contrary, only those persons employed as forest rangers by the bureau are eligible 
for appointment as conservation officers pursuant to this subsection. 
2. Powers and duties. Conservation officers, in addition to having the same powers 
and duties as forest rangers, have the following law enforcement powers: 
A. For the purpose of enforcing Title 36, chapter 701 relating to bluebelTies, forest 
and forest preservation laws, laws of the Maine Land Use Planning Commission and 
laws and rules relating to the lands under the jurisdiction of the Bureau of Parks and 
Lands, conservation officers have statewide law enforcement powers equivalent to 
those of a sheriff, or a sheriffs deputy, in the sheriffs county, including the right to 
execute or serve criminal and civil violation processes against offenders, make 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 206, L.D. 297 
warrantless arrests for crimes, investigate and prosecute offenders, require aid in 
executing duties and deputize temporary aides; 
B. The Director of the Bureau of Forestry, at the director's discretion, may authorize 
conservation officers while on duty to arrest without a warrant a person who has 
committed or is committing in the officer's presence any crime involving the use or 
threatened use of physical force against a person. 
For the purposes of this paragraph, criminal conduct has been committed or is being 
committed in the presence of a conservation officer when one or more of the officer's 
senses afford that officer personal knowledge of facts that are sufficient to warrant a 
prudent and cautious law enforcement officer's belief that a crime involving the use 
or threatened use of physical force against a person is being or has just been 
committed and that the person arrested has committed or is committing that crime. 
An arrest made pursuant to this paragraph must be made at the time of the 
commission of the criminal conduct, or some part thereof, or within a reasonable time 
thereafter or upon fresh pursuit; and 
C. A conservation officer, while on or off duty, is authorized to provide assistance in 
a life-threatening emergency consistent with bureau policies and within the scope of 
the training of that conservation officer. 
3. Liability. When a conservation officer provides assistance under subsection 2, 
paragraph C while off duty, the conservation officer has the same immunity from tort 
liability and all the pension, relief, disability, workers' compensation and insurance 
benefits and any other benefits the conservation officer enjoys while perfonning duties 
under subsection 2, paragraphs A and B. 
Sec. 9. 36 MRSA §4317, as enacted by PL 1989, c. 214, §2, is amended to read: 
§4317. Authorized law enforcement 
State police, county sheriffs and their deputies, municipal enforcement officers, state 
forest rangers, conservation officers and game wardens are authorized to make 
inspections, conduct investigations, make arrests, if within the scope of their authority, 
and otherwise enforce this chapter. 
Sec. 10. Review of staffing levels. The Director of the Bureau of Forestry within 
the Department of Agriculture, Conservation and Forestry shall review staffing levels 
needed to protect forests in the State from fire and insect infestation and shall submit a 
report that accomplishes that staffing plan within existing resources of the department to 
the joint standing cOlmnittee of the Legislature having jurisdiction over forestry matters 
by December 15, 2014. The joint standing committee may report out legislation to the 
Sec. 11. Reduction in classification or salary grade prohibited. 
Any 
change in enforcement authority of forest rangers contained in this Act may not reduce 
the forest ranger employment classification or salary grade under the civil service laws. 
Sec. 12. Review of civil and criminal forest laws. The Director of the Bureau 
of Forestry within the Department of Agriculture, Conservation and Forestry shall 
conduct a review of the civil and criminal penalties for violations of the laws involving 
SENATE AMENDMENT 
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SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to H.P. 206, L.D. 297 
forests and forest preservation that are enforceable by forest rangers and conservation 
officers. The director shall submit a report, including any recommended changes to 
enforcement powers and duties of forest rangers and conservation officers for these laws, 
to the joint standing committee of the Legislature having jurisdiction over forestry 
matters by December 15,2014. The joint standing committee may report out legislation 
to the First Regular Session of the 127th Legislature related to the report. 
Sec. 13. Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Division of Forest Protection Z232 
Initiative: Provides funding in fiscal year 2014-15 for training and overtime incurred 
while the conservation officers are training. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Division of Forest Protection Z232 
2013-14 
$0 
$0 
$0 
2014-15 
$4,599 
$5,777 
$10,376 
Initiative: Provides funding for fireanns, vests and other related equipment in fiscal year 
2014-15. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Division of Forest Protection Z232 
2013-14 
$0 
$0 
Initiative: Provides appropriations for 9 Conservation Officer positions. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Division of Forest Protection Z232 
2013-14 
0.000 
$0 
$0 
2014-15 
$14,804 
$14,804 
2014-15 
9.000 
$354,931 
$354,931 
Initiative: Deappropriates funding for 9 Forest Ranger II positions, which are being 
replaced by 9 Conservation Officer positions. 
SENA TE AMENDMENT 
SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 206, L.D. 297 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
2013-14 
0.000 
$0 
$0 
2013-14 
$0 
$0 
2014-15 
(9.000) 
($354,931) 
($354,931) 
2014-15 
$25,180 
$25,180 
Sec. 14. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 12, section 8901 take effect January 1,2015." 
SUMMARY 
This amendment sttikes Committee Amendment "A" and strikes the bill and creates 
the position of conservation officer within the Department of Agriculture, Conservation 
and Forestry, Bureau of Forestry. The Director of the Bureau of Foreshy is authorized to 
appoint up to 9 conservation officers, who are each allowed to be anned with a fireann, 
subject to the Civil Service Law, who must be selected from forest rangers employed by 
the bureau. A conservation officer is required to meet the same training, certification 
and psychological evaluation requirements as a full-time law enforcement officer as 
established by the department and Board of Trustees of the Maine Criminal Justice 
Academy. A conservation officer has the same powers and duties as a sheriff or sheriffs 
deputy to enforce criminal and civil laws relating to blueberries, forest and forest 
preservation laws, laws of the Maine Land Use Planning Commission and laws and rules 
relating to the lands under the jurisdiction of the Bureau of Parks and Lands. 
This amendment, beginning January I, 2015, restricts the enforcement authority of 
forest rangers to civil violations and amends the duties of forest rangers to include 
investigating, planning and implementing measures regarding forest health issues, 
including the control of invasive forest insect species, and providing support to the units 
within the bureau that are responsible for forest health and insect disease control. The 
changes in the enforcement authority and duties are not intended to result in a reduction 
of employment classification or salary grade for forest rangers. 
Finally, this amendment requires the director to develop a plan, within existing 
resources, to address existing and future fire and insect and disease threats to the forest 
and to review the statutes related to forest protection. The director is required to submit a 
report that accomplishes the staffing plan within existing resources of the deparhnent and 
another report with any recommended additional changes to enforcement powers and the 
duties of forest rangers. 
SENATE AMENDMENT 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P. 206, L.D. 297 
This amendment adds an appropriations and allocations section. 
SPONSORED BY: egO! ~ 
(Senator SHERMAN) 
COUNTY: Aroostook 
SENATE AMENDMENT