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Title 25 - §2901-A. Duties of commissioner

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2901-A. Duties of commissioner

The commissioner shall be the chief executive officer of the Department of Public Safety. He shall coordinate and supervise the activities and programs of the bureaus and agency which are part of the department; undertake comprehensive planning and analysis with respect to the functions and responsibilities of the department; and develop and implement, whenever necessary, procedures and practices to promote economy and coordination within the department; and actively seek cooperation between the department and all other law enforcement officers and agencies in the State. From time to time, he shall recommend to the Governor and Legislature such changes in the laws relating to the organization, functions, services or procedures of the agency and bureaus of the department as he shall deem desirable. The commissioner shall prepare a budget for the department. [1975, c. 579, § 11 (new).]

Section History:
PL 1975,
Ch. 579,
§11 (NEW).
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Title 25 - §2901. Department; commissioner

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2901. Department; commissioner

There is created and established the Department of Public Safety to coordinate and efficiently manage the law enforcement and public safety responsibilities of the State, to consist of the Commissioner of Public Safety, in this chapter called "commissioner," who is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over criminal justice matters and to confirmation by the Legislature, to serve at the pleasure of the Governor, and the following: the Bureau of State Police, the Office of the State Fire Marshal, the Maine Criminal Justice Academy, the Bureau of Highway Safety and the Maine Drug Enforcement Agency. [2003, c. 451, Pt. T, §4 (amd).]

Section History:
PL 1971,
Ch. 496,
§1,3 (NEW).
PL 1971,
Ch. 592,
§14 (AMD).
PL 1973,
Ch. 136,
§4 (AMD).
PL 1973,
Ch. 788,
§113 (RPR).
PL 1975,
Ch. 579,
§10 (AMD).
PL 1975,
Ch. 771,
§268 (AMD).
PL 1977,
Ch. 78,
§162 (AMD).
PL 1981,
Ch. 98,
§3 (AMD).
PL 1987,
Ch. 251,
§2 (AMD).
PL 1987,
Ch. 411,
§1 (AMD).
PL 1987,
Ch. 769,
§A103 (RPR).
PL 1989,
Ch. 648,
§2 (AMD).
PL 1991,
Ch. 837,
§B6 (AMD).
PL 1991,
Ch. 841,
§4 (AMD).
PL 1993,
Ch. 349,
§54 (RPR).
PL 1997,
Ch. 657,
§2 (AMD).
PL 1999,
Ch. 668,
§114 (AMD).
PL 2003,
Ch. 451,
§T4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2902. Organization

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2902. Organization

The Commissioner of Public Safety shall organize the Department of Public Safety into the Maine Criminal Justice Academy and the following bureaus: [1975, c. 579, §12 (new).]

1. Bureau of State Police. The Bureau of State Police, which is under the direction of the Chief of the State Police; [2001, c. 559, Pt. KK, §4 (amd).]

2. Office of State Fire Marshal. The Office of State Fire Marshal, which is under the direction of the State Fire Marshal; [2001, c. 559, Pt. KK, §4 (amd).]

3. Bureau of Liquor Enforcement. [2003, c. 451, Pt. T, §5 (rp).]

4. Maine Highway Safety Commission. [1999, c. 668, §115 (rp).]

5. Vehicle Equipment Safety Commission. [1987, c. 411, §3 (rp).]

6. Maine Drug Enforcement Agency. [1993, c. 349, §56 (rp).]

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; [2001, c. 559, Pt. KK, §4 (amd).]

7. Bureau of Highway Safety. The Bureau of Highway Safety, which 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 [2001, c. 559, Pt. KK, §4 (amd).]

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. [2001, c. 559, Pt. KK, §4 (new).]
div>
Unless specified otherwise by law, department personnel are appointed subject to the Civil Service Law. Persons holding major policy-influencing positions under Title 5, section 948 are appointed by and serve at the pleasure of the Commissioner of Public Safety, except as otherwise provided by law. [2001, c. 559, Pt. KK, §4 (amd).]

Section History:
PL 1971,
Ch. 592,
§15 (NEW).
PL 1973,
Ch. 788,
§114 (AMD).
PL 1975,
Ch. 579,
§12 (RPR).
PL 1981,
Ch. 98,
§4,5 (AMD).
PL 1983,
Ch. 489,
§13 (AMD).
PL 1983,
Ch. 812,
§153,154 (AMD).
PL 1985,
Ch. 737,
§A61 (AMD).
PL 1985,
Ch. 785,
§B113 (AMD).
PL 1987,
Ch. 251,
§3 (AMD).
PL 1987,
Ch. 402,
§A153 (AMD).
PL 1987,
Ch. 411,
§2-4 (AMD).
PL 1987,
Ch. 666,
§5 (AMD).
PL 1987,
Ch. 769,
§A104,B6 (AMD).
PL 1989,
Ch. 503,
§B106 (AMD).
PL 1989,
Ch. 648,
§3-5 (AMD).
PL 1989,
Ch. 700,
§A101 (AMD).
PL 1991,
Ch. 824,
§A54 (AMD).
PL 1991,
Ch. 837,
§B7,8 (AMD).
PL 1991,
Ch. 841,
§5-7 (AMD).
PL 1993,
Ch. 349,
§55,56 (AMD).
PL 1999,
Ch. 668,
§115 (AMD).
PL 2001,
Ch. 559,
§KK4 (AMD).
PL 2003,
Ch. 451,
§T5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2903. Temporary enforcement powers

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2903. Temporary enforcement powers

The Commissioner of Public Safety, at his discretion, is authorized to grant statewide power of enforcement of the criminal laws of the State to local law enforcement officers, as defined in section 2805, assigned to the Department of Public Safety for the duration of that assignment, according to procedures established for that purpose. That power shall be granted only to local law enforcement 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 2805, subsection 1. [1977, c. 37 (new).]

Section History:
PL 1977,
Ch. 37,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2904. Security at capitol area and other state-controlled locations

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§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 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. 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. Prior to adoption of new or amended rules, the commissioner shall provide notice of rulemaking to the Legislative Council. [2001, c. 559, Pt. KK, §5 (amd).]

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; [2001, c. 559, Pt. KK, §5 (amd).]

B. [2001, c. 559, Pt. KK, §5 (rp).]

C. The State Librarian, for the State Library; [1977, c. 138, §3 (new).]

D. The Director of the State Museum, for the State Museum; and [1977, c. 138, §3 (new).]

E. The State Archivist, for the State Archives. [1977, c. 138, §3 (new).]

[2001, c. 559, Pt. KK, §5 (amd).]

Section History:
PL 1977,
Ch. 138,
§3 (NEW).
PL 1987,
Ch. 416,
§1 (AMD).
RR 1991,
Ch. 2,
§98 (COR).
PL 1993,
Ch. 361,
§E1 (AMD).
PL 2001,
Ch. 472,
§3 (AMD).
PL 2001,
Ch. 559,
§KK5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2905. Definitions

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2905. Definitions

The words "public way" or "public ways," when used in this chapter, or regulations issued thereunder, shall be held to mean all roads and driveways on lands maintained for the State Government at the capital area or other state controlled locations in Augusta. [1977, c. 138, §3 (new).] div>
The words "parking area" or "parking areas," when used in this chapter, or regulations issued thereunder, shall be held to mean all lands maintained by the State at the capitol area or other state controlled locations in Augusta which may be designated as parking areas by the State Director of Public Improvements or by the superintendent of the Riverview Psychiatric Center, with the approval of the Commissioner of Public Safety. [1987, c. 416, §2 (amd); 2005, c. 236, §4 (rev).]

Section History:
PL 1977,
Ch. 138,
§3 (NEW).
PL 1987,
Ch. 416,
§2 (AMD).
PL 2005,
Ch. 236,
§4 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2906. Rules and regulations

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2906. Rules and regulations

The Commissioner of Public Safety is authorized and empowered to make and enforce rules, subject to the approval of the Governor, governing the use of public ways and parking areas maintained by the State at the capitol area or other state controlled locations in Augusta. These rules shall become effective upon deposit of a copy thereof with the Secretary of State, who shall forward a copy thereof attested under the Great Seal of the State to the District Court for Southern Kennebec. [1987, c. 416, §3 (amd).] div>
The Commissioner of Public Safety may by rule establish a method by which persons charged with the violation of parking regulations may waive all court action by payment of specified fees within specified periods of time. These regulations may provide that a vehicle unlawfully parked is prima facie evidence of the unlawful parking of the vehicle by the person in whose name the vehicle is registered. The specified fee for any violation must be at least $10. [1991, c. 665, §1 (amd).]

Section History:
PL 1977,
Ch. 138,
§3 (NEW).
PL 1987,
Ch. 416,
§3 (AMD).
PL 1991,
Ch. 528,
§RRR (AFF).
PL 1991,
Ch. 528,
§W1 (AMD).
PL 1991,
Ch. 591,
§W1 (AMD).
PL 1991,
Ch. 665,
§1,2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2907. User fees

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2907. User fees

The Commissioner of Public Safety shall establish and charge user fees for any or all parking facilities within the legally designated capitol complex, if considered feasible and with the approval of the Governor. [1977, c. 138, § 3 (new).] div>
All user fees shall be credited to the General Fund. [1977, c. 138, § 3 (new).]

Section History:
PL 1977,
Ch. 138,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2908. Special officers; powers and duties; cooperation

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2908. Special officers; powers and duties; cooperation

The Commissioner of Public Safety may appoint and employ security officers, subject to the Civil Service Law. The specific duties and powers of security officers appointed and employed are to patrol the public ways and parking areas, as defined by section 2905, 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 the rules promulgated pursuant to sections 2904 to 2907. The commissioner may by rule, policy, or procedure expand the duties and powers of security officers in the capitol area and other state-controlled locations 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. Security officers may issue summons in the course of their duty to enforce this section. The commissioner shall provide forms and standard operating procedures to security officers to carry out their functions under this section. [1989, c. 857, §59 (rpr).] div>
The State Police, sheriffs, deputy sheriffs, constables and municipal police officers shall, as far as possible, cooperate with the security officers appointed and employed under this section in the enforcement of rules adopted pursuant to sections 2904 to 2907 and any law of this State. [1989, c. 857, §59 (rpr).]

Section History:
PL 1977,
Ch. 138,
§3 (NEW).
PL 1985,
Ch. 785,
§B114 (AMD).
PL 1987,
Ch. 416,
§4 (AMD).
PL 1989,
Ch. 857,
§59 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2909. Jurisdiction

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2909. Jurisdiction

The District Court for Southern Kennebec shall have jurisdiction in all proceedings brought under sections 2904 to 2907, which court shall take judicial notice of all rules adopted pursuant to sections 2904 to 2907. In any prosecution for violation of any rule, the complaint may allege the offense as in prosecutions under a general statute and need not recite the rule. [1977, c. 138, § 3 (new).]

Section History:
PL 1977,
Ch. 138,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2910. Fine

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2910. Fine

Any person found guilty of violating any rule made pursuant to sections 2904 to 2907 shall, upon conviction, pay a fine of not less than $50 for each offense. [1991, c. 665, §3 (amd).]

Section History:
PL 1977,
Ch. 138,
§3 (NEW).
PL 1987,
Ch. 416,
§5 (RPR).
PL 1991,
Ch. 665,
§3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2911. Division of Special Investigations (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2911. Division of Special Investigations (REPEALED)

Section History:
PL 1977,
Ch. 561,
§1 (NEW).
PL 1981,
Ch. 316,
§J (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2912. Board of Directors (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2912. Board of Directors (REPEALED)

Section History:
PL 1977,
Ch. 561,
§1 (NEW).
PL 1981,
Ch. 316,
§J (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2913. Special security assistance

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2913. Special security assistance

The commissioner may charge state agencies for security services provided at other state controlled locations pursuant to section 2908 if the security services are mutually agreed upon and confirmed by written contract between the commissioner and each state agency requesting security service. Revenues received under this section must be deposited in a nonlapsing fund and allocated by the Legislature for the purpose of providing the special security assistance. [1993, c. 508, Pt. K, §1 (new).]

Section History:
PL 1993,
Ch. 508,
§K1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2914. Drug and Alcohol Resistance Education Fund

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2914. Drug and Alcohol Resistance Education Fund

1. Fund established. The Drug and Alcohol Resistance Education Fund, referred to in this section as the "fund," is established as a nonlapsing fund. The commissioner may use this fund only to support the activities of officers in the drug and alcohol resistance education program in the Department of Public Safety. [1993, c. 707, Pt. L, §1 (new).]

2. Revenue sources. The commissioner may accept court mandated and private contributions intended to be used for the purposes of the fund. [1993, c. 707, Pt. L, §1 (new).]

3. Budget. The commissioner shall submit a budget for each biennium pursuant to Title 5, sections 1663 and 1666. [1993, c. 707, Pt. L, §1 (new).]

Section History:
PL 1993,
Ch. 707,
§L1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2915. Uniform forensic examination kit for evidence collection in alleged cases of gross sexual assault

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2915. Uniform forensic examination kit for evidence collection in alleged cases of gross sexual assault

1. Development of uniform forensic examination kit. The Department of Public Safety shall determine by rule what constitutes a uniform standardized forensic examination kit for evidence collection in alleged cases of gross sexual assault. The rules must define the contents of the kit, instructions for administering the kit and a checklist that examiners must follow and enclose in the completed kit. [1999, c. 719, §3 (new); §11 (aff).]

2. Use of uniform forensic examination kit. A licensed hospital or licensed health care practitioner that conducts physical examinations of alleged victims of gross sexual assault shall use the uniform standardized forensic examination kit developed by the Department of Public Safety pursuant to subsection 1. A health care practitioner who conducts physical examinations of alleged victims of gross sexual assault must be trained in the proper evidence collection procedures for conducting a forensic examination. Evidence collection results may not be excluded as evidence in any proceeding before any court of this State as a result of the examiner's failure to use the standardized evidence collection kit or as a result of the examiner's failure to be trained in the proper procedures for the collection of evidence required by this subsection. [1999, c. 719, §3 (new); §11 (aff).]

3. Furnishing of uniform forensic examination kit. The Department of Public Safety shall furnish the uniform forensic examination kits to licensed hospitals and licensed health care practitioners that perform forensic examinations of alleged victims of gross sexual assault. [1999, c. 719, §3 (new); §11 (aff).]

4. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [1999, c. 719, §3 (new); §11 (aff).]

Section History:
PL 1999,
Ch. 719,
§11 (AFF).
PL 1999,
Ch. 719,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2916. Flags for public servants

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 351: DEPARTMENT OF PUBLIC SAFETY

§2916. Flags for public servants

The commissioner shall provide a gravesite flag holder and flag for placement during the period of time designated by a national law enforcement organization for honoring law enforcement officers at the gravesite of each public servant listed on the law enforcement memorial located at the State Capitol complex memorial site in accordance with this section. [2001, c. 309, §1 (new).]

1. Fund established. The Flags for Public Servants Fund, referred to in this section as the "fund," is established as a nonlapsing fund. The commissioner may use this fund only to support the costs of providing flag holders and flags for public servants listed on the law enforcement memorial at the State Capitol complex memorial site. Revenue deposited in the fund pursuant to subsection 2 must be the sole source of funding for the costs of providing flags and flag holders. [2001, c. 309, §1 (new).]

2. Revenue sources. The commissioner may accept court-mandated and private contributions intended to be used for the purposes of the fund. Any revenues accepted under this subsection must be deposited in the fund and used only for the purposes described in this section. [2001, c. 309, §1 (new).]

3. Budget. The commissioner shall submit a budget for the fund for each biennium pursuant to Title 5, sections 1663 and 1666. [2001, c. 309, §1 (new).]

4. Gravesite flag holder and flag. The gravesite flag holder must include a State of Maine symbol and the words "Law Enforcement Officer Killed in the Line of Duty" and a Maine flag. The state flag must be 12 inches by 18 inches in size. [2001, c. 667, Pt. C, §15 (amd).]

5. Placement responsibility. The commissioner shall provide to each law enforcement agency the appropriate number of gravesite flag holders and flags for that agency to place on the gravesites of the agency's officers listed on the law enforcement memorial located at the State Capitol complex memorial site if the gravesites can be reasonably found. If an agency can not carry out the responsibilities of this subsection, then the commissioner shall designate the Bureau of State Police to place the flag holder and flag at the gravesite. [2001, c. 309, §1 (new).]

6. Exceptions. A gravesite flag holder and flag may not be placed on the gravesite of an officer listed on the law enforcement memorial at the State Capitol complex memorial site if the family of the officer objects or the placement is prohibited by cemetery rules. [2001, c. 309, §1 (new).]

Section History:
PL 2001,
Ch. 309,
§1 (NEW).
PL 2001,
Ch. 667,
§C15 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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