An Act Regarding
Maine Legislature, Session 132, LD 1741
Committee Amendment CA_A_H818 (House)
Amends: 30-A MRSA §381, 30-A MRSA §385

COMMITTEE AMENDMENT "f^ » to H.P, 1159, L.D. 1741, "An Act Regarding
County Law Enforcement Administration and Rural Law Enforcement"
Amend the bill by striking out the title and substituting the following:
'An Act Regarding Vacancies in the Office of Sheriff
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 30-AMRSA§371-B,sub-§2, as repealed and replaced by PL 1997, c. 562,
Pt. D, §6 and affected by §11, is amended to read:
2. Filling vacancies. Vacancies in the office of sheriff caused by death, resignation,
removal from the county, permanent incapacity or any other reason must be filled as
provided in the Constitution of Maine, In the case of a vacancy in the term of a sheriff who
was nominated by primary election before the general election.i the sheriff appointed by the
Governor to fill the vacancy until a successor is chosen at election must be enrolled in the
same political party as the sheriff whose term is vacant. In making the appointment, the
Governor shall choose from any recommendations submitted to the Governor by the county
committee of the political party from which the appointment is made. If the county
committee submits one or more recommendations to the Govemor. the chief deputy
exercising the same rights and powers of the sheriff m the case of a vacancy in the office
of sheriff pursuant to section 385. subsection 1 must be included for consideration for
a&Bombnentassheriffifthe chief deputy is enrolled in the sameoolitical party as the sheriff
whose term is vacant.
Sec. 2. 30-A MRSA §381, sub-§3, ^[A, as enacted by PL 1987, c, 737, Ft, A, §2
and Ft, C, §106 and amended by PL 1989, c, 6; c. 9, §2; and c, 104, Ft, C, §§8 and 10, is
further amended to read:
A, The feitee decision of a sheriff to not reappoint a deputy, except for appointment
at the end of the probationary period, is subject to the procedures and standards for
dismissal of an applicable collective bargaining agreement.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A-" to H.P. 1159, L.D, 1741
Sec. 3. 30-A MRSA §385, sub-§l, as enacted by PL 1987, c. 737, Pt, A, §2 and
Pt, C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Ft. C, §§8 and 10, is further
amended to read:
1. Chief deputy's powers. If the office of sheriff becomes vacant because of death,
resignation or otherwise, the chief deputy shall have has and may exercise the same rights
and powers and be is subject to the same duties and liabilities as a sheriff until the vacancy
in the office of sheriff is filled as provided in the Constitution of Maine and the now sheriff
has qualified under law.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and changes the title. The amendment provides that,
in the case of a vacancy in the office of sheriff, if the county political committee submits
one or more recommendations to the Governor for consideration for appointment as sheriff,
the chief deputy exercising the same rights and powers of the sheriff during the vacancy of
the office of sheriff must be included for consideration for appointment as sheriff if the
chief deputy is enrolled in the same political party as the sheriff whose term is vacant. It
also specifies that if the office of sheriff becomes vacant because of death, resignation or
otherwise, the chief deputy has and may exercise the same rights and powers and is subject
to the same duties and liabilities as a sheriff until the vacancy in the office of sheriff is filled
as provided in the Constitution of Maine,
COMMITTEE AMENDMENT