Sec. KK-1. 25 MRSA §2801-B, sub-§1, as amended by PL 2001, c. 472, §§1 and 2, is further amended to read:
1. Exemption. The training standards and requirements of this chapter do not apply to the persons a person defined by this chapter as a law enforcement officers officer who are is:
A. Employees An employee of the Department of Corrections with a duty to perform probation functions or to perform intensive supervision functions;
B. Agents An agent or representatives a representative of the Department of Conservation, Bureau of Parks and Lands, whose law enforcement powers are limited to those specified in Title 12, section 1821;
C. Agents An agent or representatives a representative of the Department of Conservation, Bureau of Forestry, whose law enforcement powers are limited to those specified by Title 12, section 8901, subsection 3;
E. Harbor masters A harbor master;
F. Municipal A municipal shellfish conservation wardens warden; or
G. Security officers A security officer appointed by the Commissioner of Public Safety and whose duties and powers have been expanded pursuant to section 2908. This paragraph is repealed December 31, 2002.;
H. The State Fire Marshal; or
I. The Chief of the Bureau of Liquor Enforcement within the Department of Public Safety.
This exemption does not include training requirements set out in this chapter that are specific to the positions identified in this subsection.
Sec. KK-2. 25 MRSA §2803-A, sub-§8-A is enacted to read:
8-A. Training of security officers of the Bureau of Capitol Security. To establish certification standards and a training program for security officers appointed by the Commissioner of Public Safety pursuant to section 2908. This program must include:
A. The 100-hour preservice law enforcement training under section 2804-B;
B. An additional 120-hour field training program developed and approved by the board that is specific to the duties of a security officer; and
C. In-service law enforcement training that is specifically approved by the board as prescribed in section 2804-E.
Security officers are exempt from section 2804-C;
Sec. KK-3. 25 MRSA §2804-J is enacted to read:
§2804-J. Law enforcement training for security officers of the Bureau of Capitol Security
The following provisions govern the training and certification of security officers appointed pursuant to section 2908.
1. Security officers hired or appointed before March 1, 2002. A security officer hired or appointed before March 1, 2002 must successfully complete, before July 1, 2003, the requirements established in section 2803-A, subsection 8-A in order to have the power to make arrests or to carry a firearm.
2. Security officers hired or appointed on or after March 1, 2002. A security officer hired or appointed on or after March 1, 2002 must have successfully completed, at the time the person is hired or within the first 12 months of employment, the requirements established in section 2803-A, subsection 8-A in order to have the power to make arrests or to carry a firearm.
Sec. KK-4. 25 MRSA §2902, as amended by PL 1999, c. 668, §115, is further amended to read:
The Commissioner of Public Safety shall organize the Department of Public Safety into the Maine Criminal Justice Academy and the following bureaus:
1. Bureau of State Police. The Bureau of State Police, which shall be is under the direction of the Chief of the State Police;
2. Office of State Fire Marshal. The Office of State Fire Marshal, which shall be is under the direction of the State Fire Marshal;
3. Bureau of Liquor Enforcement. The Bureau of Liquor Enforcement, which shall be is under the direction of the Director of Liquor Enforcement;
6-A. Maine Drug Enforcement Agency. The Maine Drug Enforcement Agency, which is under the direction of the Director of the Maine Drug Enforcement Agency; and
7. Bureau of Highway Safety. The Bureau of Highway Safety, which shall be is under the direction of the Director of the Bureau of Highway Safety. The bureau is responsible for the State's highway safety program. The bureau is authorized to develop and implement a process for obtaining information about highway safety programs administered by other state and local agencies and to provide and facilitate the provision of financial and technical assistance to other state agencies and political subdivisions for the purpose of developing and carrying out highway safety programs.; and
8. Bureau of Capitol Security. The Bureau of Capitol Security, which is under the direction of the Director of the Bureau of Capitol Security. Security officers of this bureau are those appointed by the Commissioner of Public Safety pursuant to section 2908.
Unless specified otherwise by law, department personnel shall be are appointed subject to the Civil Service Law. Persons holding major policy-influencing positions under Title 5, section 948, shall be are appointed by and serve at the pleasure of the commissioner Commissioner of Public Safety, except as otherwise provided by law.
Sec. KK-5. 25 MRSA §2904, as amended by PL 2001, c. 472, §3, is further amended to read:
§2904. Security at capitol area and other state-controlled locations
1. Commissioner of Public Safety. Except as provided in subsection 2, the Commissioner of Public Safety is authorized and empowered to promulgate 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 state-controlled locations in Augusta. These rules shall 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. Prior to adoption of new or amended rules, the commissioner shall provide notice of rulemaking to the Legislative Council.
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 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 determines that an emergency exists within the facilities to which they apply, except that the commissioner may not suspend the rules governing the legislative offices without the consent of the Legislative Council. The Commissioner of Public Safety 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;
B. The State Law Librarian, for the Law Library;
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. KK-6. Written agreement. The Department of Public Safety, Bureau of Capitol Security shall develop a written agreement with the Department of Public Safety, Bureau of State Police, Special Services Unit providing for a protocol for greater coordination of resources, services and communication as they relate to security in the State House complex.
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