Amend the bill by striking out the title and substituting the following:
‘An Act To Create the Position of Conservation Officer To Provide for the Armed Protection of the Forests’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 12 MRSA §8901, sub-§2, ¶D, as amended by PL 2013, c. 130, §1 and c. 405, Pt. A, §24, is further amended to read:
Sec. 2. 12 MRSA §8901, sub-§2, ¶G, as amended by PL 1989, c. 174, §1, is further amended to read:
Sec. 3. 12 MRSA §8901, sub-§2, ¶H, as enacted by PL 1989, c. 174, §2, is amended to read:
Sec. 4. 12 MRSA §8901, sub-§2, ¶I is enacted to read:
Sec. 5. 12 MRSA §8901, sub-§3, ¶A, as amended by PL 2013, c. 130, §2 and c. 405, Pt. A, §24, is further amended to read:
Sec. 6. 12 MRSA §8901, sub-§3, ¶B, as enacted by PL 1999, c. 352, §1 and amended by PL 2011, c. 657, Pt. W, §7 and PL 2013, c. 405, Pt. A, §23, is repealed.
Sec. 7. 12 MRSA §8901, sub-§3-A, as enacted by PL 1999, c. 352, §2, is amended to read:
Sec. 8. 12 MRSA §8901-A is enacted to read:
§ 8901-A. Conservation officers
For the purposes of this paragraph, criminal conduct has been committed or is being committed in the presence of a conservation officer when one or more of the officer's senses afford that officer personal knowledge of facts that are sufficient to warrant a prudent and cautious law enforcement officer's belief that a crime involving the use or threatened use of physical force against a person is being or has just been committed and that the person arrested has committed or is committing that crime. An arrest made pursuant to this paragraph must be made at the time of the commission of the criminal conduct, or some part thereof, or within a reasonable time thereafter or upon fresh pursuit; and
Sec. 9. 36 MRSA §4317, as enacted by PL 1989, c. 214, §2, is amended to read:
§ 4317. Authorized law enforcement
State police, county sheriffs and their deputies, municipal enforcement officers, state forest rangers , conservation officers and game wardens are authorized to make inspections, conduct investigations, make arrests , if within the scope of their authority, and otherwise enforce this chapter.
Sec. 10. Review of staffing levels. The Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry shall review staffing levels needed to protect forests in the State from fire and insect infestation and shall submit a report that accomplishes that staffing plan within existing resources of the department to the joint standing committee of the Legislature having jurisdiction over forestry matters by December 15, 2014. The joint standing committee may report out legislation to the First Regular Session of the 127th Legislature related to the report.
Sec. 11. Reduction in classification or salary grade prohibited. Any change in enforcement authority of forest rangers contained in this Act may not reduce the forest ranger employment classification or salary grade under the civil service laws.
Sec. 12. Review of civil and criminal forest laws. The Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry shall conduct a review of the civil and criminal penalties for violations of the laws involving forests and forest preservation that are enforceable by forest rangers and conservation officers. The director shall submit a report, including any recommended changes to enforcement powers and duties of forest rangers and conservation officers for these laws, to the joint standing committee of the Legislature having jurisdiction over forestry matters by December 15, 2014. The joint standing committee may report out legislation to the First Regular Session of the 127th Legislature related to the report.
Sec. 13. Appropriations and allocations. The following appropriations and allocations are made.
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Division of Forest Protection Z232
Initiative: Provides funding in fiscal year 2014-15 for training and overtime incurred while the conservation officers are training.
GENERAL FUND | 2013-14 | 2014-15 |
Personal Services
|
$0 | $4,599 |
All Other
|
$0 | $5,777 |
GENERAL FUND TOTAL | $0 | $10,376 |
Division of Forest Protection Z232
Initiative: Provides funding for firearms, vests and other related equipment in fiscal year 2014-15.
GENERAL FUND | 2013-14 | 2014-15 |
All Other
|
$0 | $14,804 |
GENERAL FUND TOTAL | $0 | $14,804 |
Division of Forest Protection Z232
Initiative: Provides appropriations for 9 Conservation Officer positions.
GENERAL FUND | 2013-14 | 2014-15 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 9.000 |
Personal Services
|
$0 | $354,931 |
GENERAL FUND TOTAL | $0 | $354,931 |
Division of Forest Protection Z232
Initiative: Deappropriates funding for 9 Forest Ranger II positions, which are being replaced by 9 Conservation Officer positions.
GENERAL FUND | 2013-14 | 2014-15 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | (9.000) |
Personal Services
|
$0 | ($354,931) |
GENERAL FUND TOTAL | $0 | ($354,931) |
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2013-14 | 2014-15 |
GENERAL FUND
|
$0 | $25,180 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $25,180 |
Sec. 14. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 12, section 8901 take effect January 1, 2015.