Sec. 1. P&SL 1999, c. 85, §2 is amended to read:

*Sec. 2. Governmental function and status. The purposes of this Act are public and the center is regarded as an instrumentality of the State performing a governmental function in carrying out this Act. The center is a political subdivision governmental entity for purposes of the Maine Revised Statutes, Title 14, chapter 741, and a public employer for purposes of Title 26, chapter 9-A and a local district for purposes of Title 5, Part 20.

Sec. 2. P&SL 1999, c. 85, §3, sub-§ 2, ¶¶C to E are amended to read:

C. The board of directors shall ensure that the center is operated in accordance with the policies established by the governing council. The board of directors shall:

(1) Appoint the executive director of the center and provide Provide regular oversight to ensure that the executive director is operating the center consistently with the board's directives;

(1-A)__Nominate one candidate to serve as executive director, at the inception of the center and thereafter as is necessary, for submission to the Commissioner of Public Safety who may appoint that person to serve as executive director.__If the Commissioner of Public Safety does not approve a candidate submitted, the board of directors shall submit an additional nomination;

(2) Submit its recommended annual budget and capital budget to the governing council; and

(3) Establish bylaws and general operating procedures for the center.

D. The executive director is appointed by the Commissioner of Public Safety and serves at the pleasure of the board of directors. The executive director reports to the board of directors, notwithstanding the appointment power granted to the Commissioner of Public Safety. The executive director is the chief administrator of the center and is responsible for the operational management of the center. The executive director is responsible for the preparation of the annual budget, policy development and implementation of both budget and general policies adopted by the board.