An Act To Allow County Law Enforcement To Participate in Mutual Aid Agreements
Maine Legislature, Session 126, LD 1139
Committee: State and Local Government
Sponsors: GRAHAM
Amends: 30-A MRSA §462, 30-A MRSA §2674

Legislative Document 
No. 1139 
H.P. 804 
House of Representatives, March 21, 2013 
An Act To Allow County Law Enforcement To Participate in 
Mutual Aid Agreements 
Reference to the Committee on State and Local Government suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative GRAHAM of North Yarmouth. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §462 is enacted to read: 
§462.  Aid to other law enforcement agencies 
Except as otherwise provided by county charter or ordinance, the county 
commissioners may authorize the sheriff or other designee to request other counties to 
provide law enforcement officers to assist the requesting county.  The county 
commissioner may authorize the sheriff or other designee to provide law enforcement 
officers to assist other counties when so requested by a properly authorized sheriff or 
other designee of the requesting county. 
The authorizations of the county commissioners under this section must be 
accompanied by an agreement between the requesting county and the responding county 
that specifies which county is liable, if any liability is determined to exist, for personal 
injury or property damage caused by or occurring to the law enforcement officers of the 
responding county in the course of assisting the requesting county. 
If a request for assistance is for a major unplanned incident that jeopardizes the health 
and welfare of the citizens of the requesting county and when delay may cause further 
jeopardy to life or property or in the case of jointly planned collaborative activity, the 
sheriff or the sheriff's designee may request assistance from or provide assistance to 
another county or law enforcement agency whether or not an agreement between the 2 
counties or parties exists.  Each law enforcement department shall assume its own 
liability to a 3rd party, except for liability incurred by the command or operational 
decisions made by the requesting department, which must be assumed by the requesting 
department.  For the purposes of this paragraph, "major unplanned incident" means an 
extraordinary emergency to which a law enforcement agency is unable to adequately 
respond that presents a substantial and imminent danger to the public safety and that 
necessitates the cooperation or assistance of other law enforcement agencies. 
The law enforcement officers of the responding county or law enforcement agency 
have the same authority as law enforcement officers within the limits of the requesting 
county, except as to the service of civil process and, when assisting the other county, have 
the same privileges and immunities as when acting within their own jurisdiction. 
Sec. 2.  30-A MRSA §2674, as amended by PL 2001, c. 65, §1, is further amended 
to read: 
§2674.  Aid to other law enforcement agencies 
Except as otherwise provided by municipal charter or ordinance, the municipal 
officers may authorize the chief of police or other designee to request other municipalities 
to provide police law enforcement officers to assist the requesting municipality.  The 
municipal officers may authorize the chief of police or other designee to provide police 
law enforcement officers to assist other municipalities when so requested by a properly 
authorized chief of police or other designee of the requesting municipality. 
The authorizations of the municipal officers must be accompanied by an agreement 
between the requesting municipality and the responding municipality that specifies which 
municipality is liable, if any liability is determined to exist, for personal injury or 
property damage caused by or occurring to the police law enforcement officers of the 
responding municipality in the course of assisting the requesting municipality. 
If the request for assistance is for a major unplanned incident that jeopardizes the 
health and welfare of the citizens of the requesting municipality and when delay may 
cause further jeopardy to life or property or, in the case of jointly planned collaborative 
activity, the police chief of any municipality or the chief's designee may request 
assistance from or provide assistance to another municipality or law enforcement agency 
whether or not an agreement between the 2 municipalities or parties exists.  Each police 
law enforcement department shall assume its own liability to a 3rd party, except for 
liability incurred by the command or operational decisions made by the requesting 
department, which must be assumed by the requesting department.  For the purposes of 
this paragraph, "major unplanned incident" means an extraordinary emergency to which a 
law enforcement agency is unable to adequately respond that presents a substantial and 
imminent danger to the public safety and that necessitates the cooperation or assistance of 
other law enforcement agencies. 
The police law enforcement officers of the responding municipality or law 
enforcement agency have the same authority as police law enforcement officers within 
the limits of the requesting municipality, except as to the service of civil process, and, 
when assisting other municipalities, have the same privileges and immunities as when 
acting within their own jurisdiction. 
SUMMARY 
Current law allows municipal officers, unless prohibited by municipal charter or 
ordinance, to authorize the chief of police for that municipality to render law enforcement 
aid to other municipalities, when requested, or to request law enforcement aid from other 
municipalities. 
This bill allows county commissioners, unless prohibited by county charter or 
ordinance, to authorize the sheriff for that county to render law enforcement aid to other 
counties, when requested, or to request law enforcement aid from other counties. 
This bill also specifies that the law applies to all law enforcement officers, not just 
police officers.