An Act to Change Supervisory Authority over the Capitol Police
Maine Legislature, Session 132, LD 2165
Committee: Criminal Justice and Public Safety
Sponsors: FECTEAU, DAUGHTRY
Amends: 25 MRSA §1502, 25 MRSA §2902, 25 MRSA §2904, 25 MRSA §2908

Legislative Document
No. 2165
H.P. 1454
House of Representatives, January 13, 2026
An Act to Change Supervisory Authority over the Capitol Police
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Speaker FECTEAU of Biddeford.  (GOVERNOR'S BILL)
Cosponsored by President DAUGHTRY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §1502, as amended by PL 2005, c. 519, Pt. Q, §1, is further 
amended by enacting at the end a new paragraph to read:
There is established in the Bureau of State Police one permanent State Police 
Lieutenant position to supervise the Bureau of Capitol Police under the direction of the 
Chief of the State Police.
Sec. 2.  25 MRSA §2902, sub-§8, as amended by PL 2009, c. 317, Pt. E, §6, is 
further amended to read:
8.  Bureau of Capitol Police.  The Bureau of Capitol Police, which is under the 
direction of the Chief of the Bureau of Capitol State Police.  Police officers of this bureau 
are those appointed by the Commissioner of Public Safety pursuant to section 2908;
Sec. 3.  25 MRSA §2904, as amended by PL 2009, c. 317, Pt. E, §12, is further 
amended to read:
§2904.  Security at capitol area and other state-controlled locations
1.  Commissioner of Public Safety or designee.  Except as provided in subsection 2, 
the Commissioner of Public Safety is authorized and empowered to or the commissioner's 
designee may 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 appurtenances maintained by the State at the capitol area or other 
state-controlled locations in Augusta.  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.
2.  Officials of governmental units.  The officials of the governmental units listed in 
paragraphs A to E are authorized and empowered to adopt rules governing the access, use 
and occupancy of buildings or parts of buildings and of other public property that are under 
their respective supervisions.  Rules adopted by the Legislative Council may include 
provisions governing security at legislative offices.  Prior to adopting any such rule, the 
official shall consult with the Commissioner of Public Safety; the commissioner must be 
given and shall give the Chief of the State Police an opportunity to review the rule and to 
comment upon its content and enforcement.  These rules become effective upon deposit of 
a copy with the Secretary of State, who shall forward a copy attested under the Great Seal 
of the State to the District Court for Southern Kennebec.  These rules are suspended to the 
extent necessary at any time when the Commissioner of Public Safety or the 
commissioner's designee determines that an emergency exists within the facilities to which 
they apply, except that the commissioner or the commissioner's designee may not suspend 
the rules governing the legislative offices without the consent of the Legislative Council.  
The Commissioner of Public Safety or the commissioner's designee shall enforce rules 
adopted pursuant to this subsection, consistent with available resources and funding.
The governmental officials authorized and empowered by this subsection are:
A.  The Legislative Council, for all legislative offices, including the Law and 
Legislative Reference Library, as established by Title 3, section 162;
C.  The State Librarian, for the State Library;
D.  The Director of the State Museum, for the State Museum; and
E.  The State Archivist, for the State Archives.
Sec. 4.  25 MRSA §2908, as repealed and replaced by PL 2009, c. 317, Pt. E, §14, 
is amended to read:
§2908.  Police officers and state police officers; powers and duties; cooperation; 
assignment to Bureau of Capitol Police; absorption of Capitol Police
1.  Appointment of police officers and state police officers.  The Commissioner of 
Public Safety commissioner may appoint and employ police officers, subject to the Civil 
Service Law and, for purposes of this section, state police officers assigned pursuant to 
subsection 3.  The specific duties and powers of police officers and state police officers 
appointed and employed are to patrol the public ways and parking areas, 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 police officers and state police 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.  Police officers and state police officers may issue summons in the 
course of their duty to enforce this section.  The commissioner may grant statewide power 
of enforcement of any law of this State to police officers and state police officers described 
in this subsection.  That power may be granted only to police officers and state police 
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 
or 5.  The commissioner shall provide forms and standard operating procedures to police 
officers and state police 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 much as possible, 
cooperate with the police officers appointed and employed and the state police officers 
assigned under this section in the enforcement of rules adopted pursuant to this chapter and 
any law of this State.
3.  Assignment of state police officers to Bureau of Capitol Police.  The 
commissioner may assign one or more state police officers to a command position within 
the Bureau of Capitol Police or any other position within the bureau, as necessary for the 
operation of the bureau.  The Chief of the State Police shall maintain supervision and 
direction over any state police officer assigned to the bureau pursuant to this subsection.
4.  Absorption of Capitol Police by attrition.  Beginning September 1, 2026, when a 
Capitol Police officer position is vacated, the Chief of the State Police shall replace that 
position with a state police officer position, subject to the approval of the Department of 
Administrative and Financial Services, Bureau of Human Resources and the funding of the 
reclassification of that position.
Sec. 5.  Reclassification of Chief of Capitol Police position to create State 
Police Lieutenant position.  Pursuant to the Maine Revised Statutes, Title 25, section 
1502, as amended by this Act, the Chief of the Bureau of Capitol Police position is 
reclassified to a State Police Lieutenant position.  
SUMMARY
This bill transfers the supervision duties of the Chief of the Bureau of Capitol Police 
within the Department of Public Safety to the Chief of the State Police and replaces the 
position of Chief of the Bureau of Capitol Police with a State Police Lieutenant position.  
The bill provides rule-making authority regarding security at the capitol area to a designee 
of the Commissioner of Public Safety and requires that rules adopted governing security at 
the legislative offices and other offices within the capitol complex include consultation 
with both the Commissioner of Public Safety and the Chief of the State Police.  The bill 
also requires that the Chief of the State Police replace a Capitol Police officer position that 
is vacated with a state police officer position, contingent upon the funding of the 
reclassification of that position.