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. 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.

[ 2009, c. 317, Pt. E, §12 (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

1977, c. 138, §3 (NEW). 1987, c. 416, §1 (AMD). RR 1991, c. 2, §98 (COR). 1993, c. 361, §E1 (AMD). 2001, c. 472, §3 (AMD). 2001, c. 559, §KK5 (AMD). 2009, c. 317, Pt. E, §12 (AMD).