An Act To Recognize Maine Youth Camps
Maine Legislature, Session 124, LD 0479
Committee: Health and Human Services
Sponsors: BRANNIGAN, PIOTTI, HASTINGS, SARTY
Amends: Title 26, Section 3306, 22 MRSA §2491, 22 MRSA §2492, 22 MRSA §2494, 22 MRSA §2495, 22 MRSA §2496, 22 MRSA §2498, 5 MRSA §12004-I, 12 MRSA §10154, 5 MRSA §13090-F, 12 MRSA §1806, 12 MRSA §9001-A, 12 MRSA §12502, 12 MRSA §12852, 12 MRSA §12853, 12 MRSA §12860, 12 MRSA §12904, 17-A MRSA §261, 22 MRSA §1711-C, 22 MRSA §41011-A, 22 MRSA §8101, 22 MRSA §8301-A, 26 MRSA §663, 26 MRSA §771, 26 MRSA §1251, 32 MRSA §82, 32 MRSA §2575, 32 MRSA §3277, 32 MRSA §14203, 36 MRSA §1760, 36 MRSA §2557

Legislative Document 
No. 479 
S.P. 182 
In Senate, February 10, 2009 
An Act To Recognize Maine Youth Camps 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator BRANNIGAN of Cumberland. 
Cosponsored by Representative PIOTTI of Unity and 
9tf)(J~ 
JOY 1. O'BRIEN 
Secretary of the Senate 
Senator: HASTINGS of Oxford, Representative: SARTY of Denmark. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 22 MRSA §2491,sub-§7, as amended by PL 1979, c. 672, Pt. A, §59, 
is further amended to read: 
7. Eating establishment. "Eating establishment" means any place where food or 
drink is prepared and served, or serVed to the public for consumption on the premises, or 
catering establishments, or establishments dispensing food from vending machines, or 
establishments preparing foods for vending machines dispensing foods other 'than in 
original sealed packages, such as hotels, motels, boarding homes, restaurants, mobile 
eating places, coffee shops, cafeterias, short order cafes, luncheonettes, grills, tearooms, 
sandwich shops, soda fountains, bars, cocktail lounges, night clubs, roadside stands, 
industrial feeding establishments, private or public institutions routinely serving foods, 
retail frozen dairy product establishments, airports, parks, theaters, vacation recreational 
camps, youth camps or any other catering or nonalcoholic drinking establishments or 
operations where food is prepared and served or served for consumption on the premises, 
or catering establishments where food is prepared, or where foods are prepared for 
vending machines dispensing food other than in original sealed packages. 
Sec. A-2. 22 MRSA §2491, suh-§l1, as enacted by PL 1975, c. 496, §3, IS 
amended to read: 
11. Recreational camp. "Recreational camp" means and includes day cammL hnvl'l' 
and e:irls', family, hunting, fishing and similar camps. 
Sec. A-3. 22 MRSA §2491, sub-§16 is enacted to read: 
16. Youth camp. "Youth camp" means a combination of program and facilities 
established for the primary purpose of providing an outdoor group living experience for 
children with social, recreational, spiritual and educational objectives and operated and 
used for 5 or more consecutive days during one or more seasons of the year. "Youth 
camp" includes day camps, residential camps and trip and travel camps. 
Sec. A-4. 22 MRSA §2492, sub-§l, ~, as enacted by PL 2003, c. 452, Pt. K, 
§20 and affected by Pt. X, §2, is amended to read: 
D. A recreational camp; er 
Sec.A-S. 22 MRSA §2492, sub-§l, ~, as enacted by PL 2003, c. 452, Pt. K, 
§20 and affected by Pt. X, §2, is amended to read: 
E. A camping area,,; or 
Sec. A-6. 22 MRS A §2492, sub-§l,jfF is enapted to read: 
F. A youth camp. 
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Sec. A-7. 22 MRSA §2494, first~, as amended by PL 2007, c. 539, Pt. F, §1, is 
further amended to read: 
Each application for, or for renewal of, a license to operate an eating establishment, 
eating and lodging place, lodging place, recreational camp, youth camp or camping area 
within the meaning of tllls chapter must be accompanied by a fee, approp~iate to the size 
of the establishment, place, camp or area of the licensee, determined by the department 
and not to exceed the fees listed below. All fees collected by the department must be 
deposited into a special revenue account established for this purpose. No such fee may be 
refunded. No license may be assignable or transferable. The fees may not exceed: 
Sec. A-8. 22 MRSA §2495, first Cjf, as amended by PL 1983, c. 553, §21, 1S 
further amended to read: 
The department shall, within 30 days following receipt of application, issue an annual 
license to operate any eating establishment, eating and lodging place, lodging place, 
recreational camp, youth camp or camping area wfl:iefi that is found to comply with this 
chapter and the regulations rules adopted by the department. 
Sec. A-9. 22 MRSA §2496, sub-§2, as enacted by PL 2005, c. 140, §1, is 
amended to read: 
2. Youth camps; emergency medication. A recreational youth camp for boys or 
gifl.s must have a written policy authorizing campers to self-adnlinister emergency 
medication, including, but not linllted to, an asthma inhaler or an epinephrine pen. The 
written policy must include the following requirements: 
A. A camper who self-adnli1llsters emergency medication must have the prior written 
approval of the camper's primary health care provider and the camper's parent or 
guardian; 
B. The camper's parent or guardian must submit written verification to the youth 
camp from the camper's primary health care provider confirming that the camper has 
the knowledge and the skills to safely self-adnlinister the emergency medication in 
camp; 
C. 
The youth camp health staff must evaluate the camper's teclmique to ensure 
proper and effective use of the emergency medication in camp; and 
D. The emergency medication must be readily available to the camper. 
Sec. A-IO. 22 MRSA §2498, sub-§l, tjlA, as amended by PL 2003, c. 673, Pt. X, 
§3, is further amended to read: 
A. The department may impose penalties for violations of tllls chapter, or the rules 
enacted adopted pursuant to this chapter, on any eating establishment, eating and 
lodging place, lodging place, recreational camp, youth camp or camping area. The 
penalties may not be greater than $100 for each violation. Each day that the violation 
remains uncorrected may be counted as a separate offense. Penalties may be imposed 
for each violation of the rules. 
Sec. A-II. 22 MRSA §2498, sub-§I, ~, as enacted by PL 1991, c. 528, Pt. J, 
§5 and affected by Pt. RRR and enacted by c. 591, Pt. J, §5, is amended to read: 
B. The department may direct an eating establishment, eating and lodging place, 
lodging place, recreational camp, youth camp or camping area to correct any 
violations in a manner and within a time frame that the department determines is 
appropriate to ensure compliance with state rules or to protect the public health. 
Failure to correct violations within the time frames constitutes a separate finable 
violation. 
Sec. A-12. 22 MRSA §2498, sub-§I, c;rC, as corrected by RR 2005, c. 2, § 17, is 
amended to read: 
C. 
Any person, corporation, firm or copartnership that operates any eating 
establishment, eating and lodging place, lodging place, recreational camp, youth 
camp or camping area without first obtaining a license as required by this chapter 
must be punished, upon adjudication of unlicensed operation, by a fine of not less 
than $25 nor more than $200, and upon a 2nd or subsequent adjudication of 
unlicensed operation must be punished by a fine of not less than $200 nor more than 
$500. Each day any such person, corporation, firm or copartnership operates without 
obtaining a license constitutes a separate offense. 
Sec. A-13. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 22, chapter 562, in the chapter headnote, the words 
"camping areas and eating establishments" are amended to read "camping areas, 
recreational camps, youth camps and eating establishments" and the Revisor of Statutes 
shall implement this revision when updating, publishing or republishing the statutes. 
PARTB 
Sec. B-I. 5 MRSA §12004-I, sub-§24, as amended by PL 2003, c. 414, Pt. B, §9 
and affected by c. 614, §9, is further amended to read: 
24. 
Environment: 
Natural Resources 
Junior Maine Guides Expenses Only 
and Youth Camp 
Trip Leaders 
Curriculum 
Advisory Board 
MRSA §10154 
Sec. B-2. 5 MRSA §13090-F, sub-§I, c;rC, as amended by PL 2005, c. 33, §1, is 
further amended to read: 
C. Thirteen members of major tourism trade associations, including: 
(1) At least one member representing a statewide organization of hotels, motels 
and inns; 
(2) At least one member representing a statewide organization of restaurants; 
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(3) At least one member representing a statewide organization of campground 
owners; 
(4) At least one member representing the retail sector in the State; 
(5) At least one member representing the motorcoach industry; 
(6) At least one member representing the air transportation industry; 
(7) At least one member representing arts and cultural organizations; and 
(8) 
At least one member representing a statewide organization of children's 
youth camps; and 
Sec. B-3. 12 MRSA §1806, sub-§4,~, as corrected by RR 2003, c. 2, §15, is 
amended to read: 
H. Violates the requirements for a youth camp trip leader permit issued under section 
12860; or 
Sec. B-4. 12 MRSA §9001-A, sub-§1, as enacted by PL 1995, c. 586, §3, is 
amended to read: 
1. Licensed camping facility. "Licensed camping facility" means a recreational 
camp, youth camp or camping area licensed under Title 22, chapter 562 section 2495. 
Sec. B-5. 12 MRSA §10154, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9 and amended by c. 689, Pt. B, §6, is further amended to read: 
§10154. Junior Maine Guides and Youth Camp Trip Leaders Curriculum Advisory 
Board 
1. Board established. The commissioner shall appoint a board of 5 members to be 
mown as the "Junior Maine Guides and Youth Camp Trip Leaders Curriculum Advisory 
Board" and referred to in this section as "the board," as established by Title 5, section 
12004-1, subsection 24. 
2. 
Membership. The board consists of one member from the department, one 
member from the Department of Health and Human Services and 3 members of the 
public, one of whom must be a Maine youth camp director. Appointments to the board 
are for 3 years or until successors are appointed. 
3. Duties. The board has the duty to advise the commissioner on the adoption of a 
youth camp trip leader safety course curriculum and on the adoption of rules for the 
administration of this section and sections 12859 and 12860. 
4. Compensation. The public members of the board are entitled to compensation as 
provided in Title 5, chapter 379. 
348ec. B:-6. 12 MR~A §10910,sub-§2, as enacted by'PL 2003, c. 414, Pt. A, §2 
and ~ffecied by c'. 614, §9 and'amended'by c: 689, Pt. B, §6, is further amended to read: 
2. Exception. This section does not apply to any person who operates a watercraft 
in connection with a boys or girls youth camp located in this State and licensed by the 
Department of Health and Human Services or located in another state and licensed in a 
similar manner in that state. 
Sec. B-7. 12 MRSA §12502, as amended by PL 2003, c. 655, Pt. B, §248 and 
affected by §422, is further amended to read: 
§12502. Youth camp fishing license 
1. Issuance of youth camp fishing license. Upon application, the commissioner 
shall issue to a boys or girls youth camp licensed under Title 22, section 2495 a youth 
camp fishing license that will permit any of the boys or girls campers, under 16 years of 
age, to fish in the lake or pond adjacent to the main location of the youth camp. The fee 
for this permit is $75. Persons who fish under a youth camp fishing license, as provided 
in this subsection, are subject to this Part. 
2. Penalties. The following penalties apply to violations of this section. 
A. A person who violates the tenns of a special privilege under this section commits 
a civil violation for which a fine of not less than $100 nor more than $500 may be 
adjudged. 
B. A person who violates the tenns of a special privilege under this section after 
having been adjudicated as having committed 3 or more civil violations under this 
Part within the previous 5-year period commits a Class E crime. 
Each day a person violates the tenns of a special privilege under this section is a separate 
offense. 
Sec. B-8. 12 MRSA §12852, first 'if, as affected by PL 2003, c. 614, §9 and 
repealed and replaced by c. 655, Pt. B, §315 and affected by §422, is amended to read: 
The following penalties apply to violations of rules regulating licensed guides or 
youth camp trip leaders and course instructor certificates. 
Sec. B-9. 12 MRS A §12852, sub-§I, as enacted by PL 2003, c. 655, Pt. B, §315 
and affected by §422, is amended to read: 
1. Civil. Notwithstanding section 10650, a person who violates a rule regulating 
licensed guides or youth camp trip leaders and course instructor certificates commits a 
civil violation for which a fme of not less than $100 nor more than $500 may be 
adjudged. 
Sec. B-I0. 12 MRSA §12852, sub-§2, as enacted by PL 2003, c. 655, Pt. B, §315 
and affected by §422, is amended to read: 
2. Criminal. A person who violates a rule regulating licensed guides or youth camp 
trip leaders and course instructor certificates after having been adjudicated as having 
committed 3 or more civil violations under this Part within the previous 5-year period 
commits a Class E crime. 
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Sec. B-ll. 12 MRSA §12853, as amended by PL 2005, c. 12, Pt. III, §30, IS 
further amended to read: 
§12853. License, fees and requirements; youth camp trip leader exception 
1. Prohibition. Except as provided in subsection 7, a person may not act as a guide 
without a valid license issued under this chapter. 
. 
2. Penalty. A person who violates subsection 1 commits a Class D crime for which 
the court shall impose a sentencing alternative involving a tenn of imprisonment of 3 
days, none of which may be suspended. The court shall also impose a fine of $1,000, 
none of which may be suspended. A person violates subsection 1 each day that person 
acts as a guide without a valid license issued under this chapter. 
3. New applications. A person wishing to be licensed as a guide shall submit an 
application to the commissioner. 
A. 
The commissioner shall provide application fonns that request all relevant 
infonnation the commissioner considers necessary. 
B. Failure or refusal to satisfactorily answer any question in the application is a basis 
for the commissioner not to accept the application. 
C. The commissioner shall decide whether the application is acceptable within 5 
working days of receipt. 
D. 
The COmmISSIOner shall notify each applicant at least 2 weeks prior to the 
examination required under section 12855. 
4. Qualifications. In order to qualify for a guide license, a person must: 
A. Be at least 18 years of age; 
B. Pass the guide examination in accordance with section 12855; 
C. If a first-time applicant, be currently certified in first aid through completion of 
any standard first aid course that meets the criteria established by rule of the 
commissioner; 
D. If not a first-time applicant, submit satisfactory evidence, as detennined by the 
COlID1ussioner, of having held a guide license in this State; and 
E. Meet all requirements established by rules of the commissioner. 
For purposes of this subsection, "first-time applicant" means an applicant who has not 
previously been issued a guide license in this State. 
5. Fee. The fee for a 3-year guide license is $81. 
6. Term of license. A guide license entitles a person to act as a guide through 
December 31 st of the 2nd complete year following the year of issuance. 
7. Exception. A person holding a youth camp trip leader pennit under section 12860 
may, without a guide license, conduct trips including adults under the auspices of the 
boys and girls youth camp that employs those adults, subject to all the requirements of 
section 12860. 
Sec. lB-12. 12 MRSA §12860, as amended by PL 2005, c. 12, Pt. III, §31, is 
further amended to read: 
§12860. Youth camp trip leader permit 
1. When permit required. Boys and girls Youth camps licensed by the Department 
of Health and Human Services under Title 22, section 2495, or located in another state 
and licensed in a similar manner, if the laws of the other state so require, conducting trip 
camping shall: 
A. Provide at least one staff member over 18 years of age for each 6 campers; and 
B. Ensure that the staff member in charge of the trip holds a valid youth camp trip 
leader permit. 
I-A. Prohibition. A person may not conduct trip camping under subsection 1 
without a youth camp trip leader permit issued under this section. Each day a person 
violates this subsection, that person commits a Class E crime for which a minimum fine 
of $50 and an amount equal to twice the applicable license fee must be imposed. 
2. Application. A person wishing a youth camp trip leader permit -shall must submit 
an application on forms provided by the commissioner and -shall pay the application fee. 
3. 
Qualifications. To qualify initially for a youth camp trip leader permit, an 
applicant must: 
A. Show successful completion of an approved youth camp trip leader safety course 
or complete an application provided by the commissioner outlining in detail the 
applicant's experience and training as a youth camp trip leader; and 
B. Meet any other requirements established by rule by the commissioner. 
4. Special waiver. Waiver of the course requirement by the commissioner on the 
basis of the applicant's experience and payment of the application fee qualifies the 
applicant for a youth camp trip leader permit. 
5. Curriculum. With the advice of the Junior Maine Guides and Youth Camp Trip 
Leaders Curriculum Advisory Board, the commissioner shall review and adopt a youth 
camp trip leader safety course curriculum that includes, but is not limited to: 
A. Training in first aid; 
B. Training in water safety, including lifesaving techniques as appropriate; and 
C. :fi:ip Youth camp trip leader qualifications and required experience for the special 
waiver procedure in subsection 4. 
The commissioner shall publish the curriculum adopted or approved by the Junior Maine 
Guides and Youth Camp Trip Leaders Curriculum Advisory Board and a current list of 
courses, with the approved curriculum, by name and address. 
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6. Fee. The initial qualifying fee for a youth camp trip leader permit is $20. The 
permit may be renewed upon payment of $15 if requirements of the department are met. 
7. Enforcement. Wardens of the department, the rangers of the Bureau of Forestry 
and rangers of the Department of Conservation, Bureau of Parks and Lands may enforce 
this section and may terminate any trip that is considered unsafe or in v~olation of this 
section. The commissioner shall adopt standards for what is considered an unsafe trip. 
The commissioner shall consider previous violations of this section when issuing or 
reissuing youth camp trip leader permits. 
Sec. B-13. 12 MRSA §12904, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by Pt. D, §7 and c. 614, §9, is further amended to read: 
§12904. Exceptions 
This chapter does not apply to the operation of canoes or kayaks. This chapter does 
not apply to guides or youth camp trip leaders licensed under chapter 927 or motorboat 
operators licensed under chapter 935, unless those persons are in the business of 
conducting commercial white-collar trips. 
Sec. B-14. 12 MRS A §13068-A, sub-§4, ~, as amended by PL 2003, c. 689, 
Pt. B, §6, is further amended to read: 
B. Notwithstanding paragraph A: 
(1) Canoes, owned by a boys or girls summer youth camp located upon internal 
waters in the State and duly licensed by the Department of Health and Human 
Services and utilized by campers under the direction and supervision of a youth 
camp counselor at least 18 years of age or older during training and instruction 
periods on waters adjacent to the main location of the youth camp within a 
distance of 500 feet from the shoreline of that camp, are exempt from this 
subsection; and 
(2) Log rafts, carrying not more than 2 persons and used on ponds or lakes or 
internal waters of less than 50 acres in area, are exempt from carrying personal 
flotation devices. 
Sec. B-15. 17-A MRS A §253, sub-§2, ~G, as amended by PL 2001, c. 383, §15 
and affected by § 156, is further amended to read: 
G. The other person, not the actor's spouse, has not attained the age of 18 years and 
is a resident in or attending a children's home, day care facility, residential child care 
facility, drug treatment center, youth camp licensed under Title 22, section 2495 or 
similar school, facility or institution regularly providing care or services for children, 
and the actor is a teacher, employee or other person having instructional, supervisory 
or disciplinary authority over the other person. Violation of this paragraph is a Class 
C crime; 
Sec. B-16. 17-A MRSA §261, sub-§4, as enacted by PL 2007, c. 393, §1, is 
amended to read: 
4. For purposes of this section, "sex offender restricted zone" means the real property 
comprising a public or private elementary or middle school; the real property comprising 
a child care center, a child care facility, a day care operated by a family child care 
provider, a nursery school or a small child care facility as defined under Title 22, section 
I-A; or an athletic field, park, playground, recreational facility, children's youth camp 
licensed under Title 22, section 2495 or other place where children are the primary users. 
Sec. B-17. 22 MRSA §1711-C, sub-§6, e;rM, as enacted by PL 1999, c. 512, Pt. 
A, § 5 and affected by § 7, is amended to read: 
M. To schools, educational institutions, youth camps licensed under section 2495, 
correctional facilities, health care practitioners and facilities, providers of emergency 
services or a branch of federal or state military forces, infonnation regarding 
immunization of an individual; 
Sec. B-IS. 22 MRSA §41011-A, sub-§l, I!jfA, as amended by PL 2007, c. 577, §6, 
is further amended to read: 
A. When acting in a professional capacity: 
(1) An allopathic or osteopathic physician, resident or intern; 
(2) An emergency medical services person; 
(3) A medical examiner; 
(4) A physician's assistant; 
(5) A dentist; 
(6) A dental hygienist; 
(7) A dental assistant; 
(8) A chiropractor; 
(9) A podiatrist; 
(10) A registered or licensed practical nurse; 
(11) A teacher; 
(12) A guidance counselor; 
(13) A school official; 
(14) A children's summer youth camp administrator or counselor; 
(15) A social worker; 
(16) A court-appointed special advocate or guardian ad litem for the child; 
(17) A homemaker; 
(18) A home health aide; 
(19) A medical or social service worker; 
(20) A psychologist; 
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(21) Child care personnel; 
(22) A mental health professional; 
(23) A law enforcement official; 
(24) A state or municipal fire inspector; 
(25) A municipal code enforcement official; 
(26) A commercial film and photographic print processor; 
(27) 
A clergy member acqumng the information as a result of clerical 
professional work except for information received during confidential 
communications; 
(28) A chair of a professional licensing board that has jurisdiction over mandated 
reporters; 
(29) A humane agent employed by the Department of Agriculture, Food and 
Rural Resources; 
(30) A sexual assault counselor; and 
(31) A family or domestic violence victim advocate; 
Sec. B-19. 22 MRSA §8101, sub-§l, ,s, as enacted by PL 1981, c. 260, §4, is 
amended to read: 
B. 
A children's youth camp established saleh' for recreational and educational 
purposes licensed under section 2495; or 
Sec. B-20. 22 MRSA §8301-A, sub-§l-A, ~, as amended by PL 2007, c. 324, 
§ 16, is further amended to read: 
B. "Child care facility" means a child care center, small child care facility or nursery 
school. "Child care facility" does not include a facility operated by a family child 
care provider, a summer youth camp established solely for recreational and 
educational purposes licensed under section 2495, programs offering instruction to 
children for the purpose of teaching a skill such as karate, dance or basketball, a 
formal public or private school in the nature of a kindergarten or elementary or 
secondary school approved by the Commissioner of Education in accordance with 
Title 20-A or a private school recognized by the Department of Education as a 
provider of equivalent instruction for the purpose of compulsory school attendance. 
Any program for children under 5 years of age that is located in a private school and 
programs that contract with one or more Child DeVelopment Services System sites 
are required to be licensed as a child care facility. 
Sec. B-21. 22 MRSA §8301-A, sub-§l-A, .,-rD, as enacted by PL 2001, c. 645, 
§6, is amended to read: 
D. "Nursery school" means a house or other place in which a person or combination 
of persons maintains or otherwise carries out for consideration during the day a 
regular program that provides care for 3 or more children 33 months of age or older 
and under 8 years of age, provided that: 
(1) No session conducted for the children is longer than 3 112 hours in length; 
(2) No more than 2 sessions are conducted per day; 
(3) Each child in attendance at the nursery school attends only one session per 
day; and 
(4) No hot meal is served to the children. 
"Nursery school" does not include any facility operated as a child care center or small 
child care facility licensed under subsection 2, a summer youth camp established 
solely for recreational and educational purposes licensed under section 2495 or a 
public or private school in the nature of a kindergarten approved by the 
Commissioner of Education, in accordance with Title 20-A. 
Sec. B-22. 26 MRSA §663, sub-§3, ~, as repealed and replaced by PL 1975, c. 
92, is amended to read: 
F. Those employees who are counsellors counselors or junior counsellors counselors 
at summer youth camps for boys and girls licensed under Title 22, section 2495; and 
employees who are under the age of 19 and are regularly enrolled in an educational 
institution or are on vacation therefrom, and who are employees of summer youth 
camps licensed under Title 22, section 2495 operated by or belonging to corporations 
or associations existing under the provisions of Title 13, Part 2; 
Sec. B-23. 
MRSA §771, as amended by PL 1991, c. 544, §4, is further 
amended to read: 
§771. Minors under 14 years of age 
A minor under 14 years of age may not be employed, penrutted or suffered to work 
in, about or in connection with agriculture, except for the planting, cultivating or 
harvesting of field crops or other agricultural employment not in direct contact with 
hazardous machinery or hazardous substances, any eating place, automatic laundries, 
retail establishment where frozen dairy products are manufactured on the prelruses, 
sporting or overnight youth camp licensed under Title 22, section 2495, mercantile 
establishment or in outdoor occupations on the grounds of a hotel, and a lrunor between 
the ages of 14 and 16 years may not be so employed when the distance between the work 
place and the home of the minor, or any other factor, necessitates the lrunor's remaining 
away from home overnight. This section does not apply to any such minor who is 
employed directly by, with or under the supervision of either or both of the minor's 
parents; or to any such lrunor employed in school lunch programs, if limited to serving 
food and cleaning up dining rooms. 
Sec. B-24. 26 MRS A §774, sub-§4, as amended by PL 1993, c. 434, §5, IS 
further amended to read: 
4. Exemptions. Work performed in the planting, cultivating or harvesting of field 
crops or other agricultural employment, including the initial processing of farm crops, not 
in direct contact with hazardous machinery or hazardous substances, work perfoDl1ed as 
an employed or in-training theatrical actor or film actor or work performed as a summer 
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camp employee in a children's youth camp licensed under Title 22, section 2495 is 
exempt from this section, provided a minor under 16 years of age has been excused by 
the local superintendent of schools in accordance with the policy established by the 
Commissioner of Education and the Director of the Bureau of Labor Standards. Work 
perfonned in the taking or catching of lobsters, fish or other marine organisms by any 
methods or means, or in the operating of ferries or excursion boats, is exempt from 
subsection 1, paragraphs A and C. 
Sec. B-25. 26 MRS A §1043, sub-§l1, ~F, as amended by PL 2007, c. 230, §1, 
is further amended to read: 
F. The tenn "employment" does not include: 
(1) Service perfonned in the employ of this State, or of any political subdivision 
thereof, or of any instrumentality of this State or its political subdivisions, except 
as provided by this subsection; 
(2) Service perfonned in the employ of the United States Government or an 
instrumentality of the United States immune under the Constitution of the United 
States from the contributions imposed by tIlls chapter, except that on and after 
January 1, 1940 to the extent that the Congress of the United States has permitted 
states to require any instrumentalities of the United States to make payments into 
an unemployment compensation fund under a state unemployment compensation 
or employment security law, all of the provisions of this chapter are applicable to 
such instrumentalities and to services perfonned for such instrumentalities in the 
same manner, to the same extent and on the same tenns as to all other employers, 
employing units, individuals and services. If this State is not certified for any 
year by the Secretary of Labor under section 3304 of the Federal Internal 
Revenue Code, the payments required of such instrumentalities with respect to 
that year must be refunded by the commissioner from the fund in the same 
manner and within the same period as is provided in section 1225, subsection 5, 
with respect to contributions erroneously collected; 
(3) Service with respect to which unemployment compensation is payable under 
an unemployment compensation system or employment security system 
established by an Act of Congress. The commissioner is authorized and directed 
to enter into agreements with the proper agencies under such an Act of Congress, 
which agreements become effective 10 days after publication thereof in the 
manner provided in section 1082, subsection 2, for regulations, to provide 
reciprocal treatment to individuals who have, after acquiring potential rights to 
benefits under this chapter, acquired rights to unemployment compensation under 
such an Act of Congress, or who have, after acquiring potential rights to 
unemployment compensation under such an Act of Congress, acquired rights to 
benefits under this chapter; 
(4) Agricultural labor as defined in subsection 1, except as provided in paragraph 
A-2; 
(4-1) Agricultural labor, ifperfonned by an individual who is an alien, other than 
a citizen of a contiguous country with which the United States has an agreement 
with respect to unemployment compensation, admitted to the United States to 
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perform agricultural labor pursuant to the United States Immigration and 
Nationality Act, Sections 214(c) and 101(a) (15) (H); 
(5) Domestic service in a private home, except as provided in paragraph A-3; 
(6) Service performed by an individual in the employ of that individual's son, 
daughter or spouse and service performed by a child under the age of 18 in the 
employ of that child's father or mother, except for periods of such service for 
which unemployment insurance contributions are paid; 
(6-1) Services performed by a student attending an elementary, secondary or 
postsecondary school while participating in a cooperative program of education 
and occupational training or on-the-job training that is part of the school 
curriculum; 
(9) Service performed with respect to which unemployment compensation is 
payable under the Railroad Unemployment Insurance Act (52 Stat. 1094); 
(10) 
Services performed in the employ of any other state, or any political 
subdivision thereof, or any instrumentality of anyone or more of the foregoing 
that is wholly owned by one or more states or political subdivisions and any 
services performed in the employ of any instrumentality of one or more other 
states or their political subdivisions to the extent that the instrumentality is, with 
respect to such a service, immune under the Constitution of the United States 
from the tax imposed by section 3301 of the Federal Internal Revenue Code, 
except as provided in paragraph A-I, subparagraph (1); 
(11) 
Service performed in any calendar quarter in the employ of any 
organization exempt from income tax under section 501(a) of the Federal Internal 
Revenue Code other than an organization described in section 401(a) or under 
section 521 of the Code, if the remuneration for such service is less than $150; 
(16) Service performed in the employ of a foreign government, including service 
as a consular or other officer or employee or a nondiplomatic representative; 
(17) Service performed in the employ of an instrumentality wholly owned by a 
foreign government: 
(a) 
If the service is of a character similar to that perfonned in foreign 
countries by employees of the United States Government or an 
instrumentality thereof; and 
(b) If the commissi6ner finds that the United States Secretary of State has 
certified to the United States Secretary of the Treasury that the foreign 
government, with respect to whose instrumentality exemption is claimed, 
grants an equivalent exemption with respect to similar service performed in 
the foreign country by employees of the United States Government and of 
instrumentali ti es thereo f; 
(18) Service performed as a student nurse in the employ of a hospital or a nurses' 
training school by an individual who is enrolled and is regularly attending classes 
in a nurses' training school chartered or approved pursuant to state law and 
service performed as an intern in the employ of a hospital by an individual who 
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has completed a 4 years' course in a medical school chartered or approved 
pursuant to state law; 
(19) Service performed by an individual for a person as a real estate broker, a 
real estate sales representative, an insurance agent or an insurance solicitor, if all 
such service perfonned by that individual for that person is performed for 
remuneration solely by way of commission; 
(20) Service performed by an individual under the age of 18 in the delivery or 
distribution of newspapers or shopping news except delivery or distribution to 
any point for subsequent delivery or distribution; 
(21) Service performed in the employ of any organization that is excluded from 
the term "employment" as defmed in the Federal Unemployment Tax Act solely 
by reason of section 3306( c )(7) or (8) if: 
(a) 
Service is performed in the employ of a church or convention or 
association of churches or an organization that is operated primarily for 
religious purposes and that is operated, supervised, controlled or principally 
supported by a church or convention or association of churches; 
(b) 
Service is performed by a duly ordained, commissioned or licensed 
minister of a church in the exercise of that minister's ministry or by a member 
of a religious order in the exercise of duties required by that order; 
(c) Prior to January 1,1978, service is performed in the employ ofa school 
primarily operated as an elementary, secondary or preparatory school for 
higher education that is not an institution of higher education; 
(d) Service is performed in a facility conducted for the purpose of carrying 
out a program of rehabilitation for individuals whose earning capacity is 
impaired by age or physical or mental deficiency or injury or providing 
remunerative work for individuals who, because of their impaired physical or 
mental capacity, cannot be readily absorbed in the competitive labor market 
by an individual receiving such rehabilitation or remunerative work; 
(e) Service is performed as part of an unemployment work-relief or work-
training program assisted or fmanced in whole or in part by any federal 
agency or an agency of a state or political subdivision thereof by an 
individual receiving that work-relief or work-training; 
(f) Service is performed in the employof a hospital as defined in subsection 
by a patient of that hospital; 
(g) Services are performed prior to January 1, 1978 for a hospital in a state 
prison or other state correctional institution by an inmate of that prison or 
correctional institution and after December 31, 1977 by an inmate of a 
custodial or penal institution; 
(h) Service is performed in the employ of a school, college or university if 
that service is performed by a student who is emolled and is regularly 
attending classes at such a school, college or university; or 
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(i) Prior to January 1, 1978, service is perfonnedin the employ of a school 
that is not an institution of higher education and after December 31, 1977, 
service is perfonned in the employ of a governmental entity referred to in 
paragraph A-I, subparagraph (1) if that service is perfonned by an individual 
in the exercise of duties: 
(i) As an elected official; 
(ii) As a member of a legislative body or a member of the judiciary of a 
state or political subdivision of a state; 
(iii) As a member of the State National Guard or Air National Guard; 
(iv) As an employee serving on a temporary basis in case of fire, stonn, 
snow, earthquake, flood or similar emergency; 
(v) In a position that, under or pursuant to the laws of this State, is 
designated as a major nontenured policymaking or advisory position or a 
policymaking or advisory position the perfonnance ofthe duties of which 
ordinarily does not require more than 8 hours per week; or 
(vi) 
As an election official or election worker if the amount of 
remuneration received by the individual during the calendar year for 
services as an election official or election worker is less than $1,000; 
(29) Services perfonned by a hairdresser who holds a booth license and operates 
within another hairdressing establishment if operated under a booth rental 
agreement or other rental agreement; 
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Services perfonned by a· barber who holds a booth license and operates 
within another barbering establishment if operated under a booth rental 
agreement or other rental agreement; 
(31) Services perfonned by a contract interviewer engaged in marketing research 
or public opinion interviewing when such interviewing is conducted in the field 
or over the telephone on premises not used or controlled by the person for whom 
such contract services are being provided; 
(32) After December 31, 1981, services perfonned by an individual on a boat 
engaged in catching fish or other fonns of aquatic animal life, unless those 
services would be included in the definition of "employment" for federal 
unemployment tax purposes under the Federal Unemployment Act, United States 
Code,. Title 26, Section 3306(c), as it may be amended. Also included in this 
exemption are services perfonned in harvesting shellfish for depuration from 
designated areas as authorized by Title 12, section 6856; 
(33) Services perfonned by a member or leader of a: musical group, band or 
orchestra or an entertainer when the services are perfonned under tenns of a 
contract entered into by the leader or an agent of the musical group, band, 
orchestra or entertainer ·with an employing unit for whom the services are being 
perfonned, provided the leader or agent is not an employer by reason of 
subsection 9 or of section 1222, subsection 3; 
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(34) 
Services perfonned in the delivery or distribution of newspapers or 
magazines to the ultimate consumer by an individual who is compensated by 
receiving or retaining a commission or profit on the sale of the newspaper or 
magazine; 
(35) Services perfonned by a homeworker in the knitted outerwear industry as 
those tenns are defmed, on the effective date of this subparagraph, in 29 Code of 
Federal Regulations, Part 530, Section 530.1; 
(36) Service perfonned by a full-time student, as defmed in subsection 30, in the 
employ of an organized a youth camp licensed under Title 22, section 2495 if the 
full-time student perfonned services in the employ of the camp for less than 13 
calendar weeks in the calendar year and the camp: 
(a) Did not operate for more than 7 months in the calendar year and did not 
operate for more than 7 months in the prec:e_qing calendar year; or 
(b) Had average gross receipts for any 6 months in the preceding calendar 
year that were not more than 33 1/3% of its average gross receipts for the 
other 6 months in the preceding calendar year; 
(37) Services perfonned by an individual as a home stitcher as long as that 
employment is not subject to federal unemployment tax; 
(38) Services perfonned by a person licensed as a guide as required by Title 12, 
section 12853, as long as that employment is not subject to federal 
unemployment tax; 
(39) Services perfonned by a direct seller as defined in 26 United States Code, 
Section 3508, Subsection (b), Paragraph (2). This subparagraph does not include 
a person selling major improvements or renovations to the structure of a home, 
business or property; 
(40) Services perfonned by lessees of taxicabs, as long as that employment is not 
subject to federal unemployment tax. This subparagraph may not be construed to 
affect a determination regarding a lessee's status as an independent contractor for 
workers' compensation purposes; 
(41) Services provided by a dance instructor to students of a dance studio when 
there is a contract between the instructor and the studio under which the 
instructor's services are not offered exclusively to the studio, the studio does not 
control the scheduling of the days and times of classes other than beginning and 
end dates, the instructor is paid by the class and not on an hourly or salary basis, 
the compensation rate is the result of negotiation between the instructor and the 
studio and the instructor is given the freedom to develop the curriculum; 
(42) Services perfonned by participants enrolled in programs or projects under 
the national service laws including the federal National and Community Service 
Act of 1990, as amended, 42 United States Code, Section 12501 et seq., and the 
federal Domestic Volunteer Service Act, as amended, 42 United States Code, 
Section 4950 et seq.; 
(43) Services of an author in furnishing text or other material to a publisher who: 
(a) Does not control the author's work except to propose topics or to edit 
material submitted; 
(b) Does not restrict the author from publishing elsewhere; 
(c) Furnishes neither a place of employment nor equipment for the author's 
use; 
(d) Does not direct or control the time devoted to the work; and 
(e) Pays only for material that is accepted for pUblication. 
This exception does not apply if the employment is subject to federal 
unemployment tax; and 
(44) Services provided by an owner-operator of a truck or truck tractor while it is 
leased to a motor carrier, as defined in 49 Code of Federal Regulations, 390.5 
(2000), as long as that employment is not subject to federal unemployment tax. 
Sec. B-26. 26 MRSA §1251, sub-§3, ~A, as amended by PL 1997, c. 293, §9, is 
further amended to read: 
A. Any hotel, motel, inn, variety store, trading post, sporting camp or other lodging 
facility, including youth camps operated for boys and girls licensed under Title 22, 
section 2495, restaurants and other eating establishments, which customarily 
conducts operations that are primarily related to the production of characteristic 
goods or services for a regularly recurring period or periods of less than 26 weeks in 
anyone calendar year is deemed seasonal. 
Sec. B-27. 32 MRSA §82, sub-§2, €flE, as amended by PL 1993, c. 130, §l, is 
further amended to read: 
E. A person serving as an industrial nurse or safety officer, a school or youth camp 
nurse, a life guard, a member of a ski patrol, a nurse or teclmician in a hospital or a 
physician's office, or other similar occupation in which the person provides on-site 
emergency treatment at a single facility to the patrons or employees of that facility; 
Sec. :8-28. 32 MRSA §2575, as amended by PL 2001, c. 492, §4, is further 
amended to read: 
§2575. Youth camp physicians 
An osteopathic physician who is a graduate of a school or college of osteopathic 
medicine approved by the American Osteopathic Association and who is of good repute 
may, at the discretion of the board, make application for a temporary license to practice 
as a youth camp physician at a specified youth camp licensed under Title 22, section 
2495. Such an osteopathic physician is entitled to practice only on the patients at the 
youth camp. The license must be obtained each year. Applications for such a temporary 
license must be made in the same manner as for regular licenses. An examination may 
not be exacted from applicants for temporary licenses. The fee may not be more than 
$600. 
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Sec. B-29. 32 MRSA §3277, as amended by PL 2005, c. 162, §5, is further 
amended to read: 
§3277. Youth camp physicians 
A physician who is qualified under section 3275 may, at the discretion of the board, 
be temporarily licensed as a youth camp physician so that the physician may care for the 
campers in that particular youth camp licensed under Title 22, section 2495 for which the 
physician was hired and retained as a youth camp physician. That physician is entitled to 
practice only on patients in the youth camp. The temporary license must be obtained 
each year. Application for this temporary license must be made in the same form and 
manner as for regular licensure. An examination may not be exacted from applicants for 
these temporary licenses. The fee for temporary licensure may not be more than $400 
annually. 
Sec. B-30. 32 MRSA §14203, sub-§2, 'i[B, as enacted by PL 1991, c. 397, §6, is 
amended to read: 
B. On residents of summer youth camps; 
Sec. B-31. 36 MRSA §1760, sub-§6, ~, as enacted by PL 2007, c. 529, §3, is 
amended to read: 
F. Served by youth camps licensed by the Department of Health and Human Services 
and defined in rules adopted by the Department of Health and Human Services as a 
combination of program and facilities established for the primary purpose of 
providing an outdoor group living eJqJerience with social, re9feational, spiritual and 
educational objectives for children and operated and used for 5 or more consecutive 
days during one or more seasons of the year, including day camps, residential camps 
and trin and travel camns and defined in Title 22, section 2491, subsection 16. 
Sec. B-32. 36 MRSA §1760, sub-§59, as amended by PL 1989, c. 700, Pt. A, 
§ 169, is further amended to read: 
59. 
Sales to certain incorporated nonprofit educational organizations. 
Incorporated nonprofit educational organizations whieh that are receiving, or have 
received, funding from the Department of Education, and whieh that provide educational 
programs specifically designed for teaching young people how to make decisions about 
drugs, alcohol and interpersonal relationships at a residential youth camp setting. 
Sec. B-33. 36 MRSA §2557, sub-§19, as enacted by PL 2003, c. 673, Pt. V, §25 
and affected by §29, is amended to read: 
19. 
Certain incorporated nonprofit educational organizations. 
Sales to 
incorporated nonprofit educational organizations that are receiving, or have received, 
funding from the Department of Education and that provide educational programs 
specifically designed for teaching young people how to make decisions about drugs, 
alcohol and interpersonal relationships at a residential youth camp setting; 
Sec. B-34. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 12, chapter 927, in the chapter headnote, the words 
"guides and trip leaders" are amended to read "guides and youth camp trip leaders" and 
the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
SUMMARY 
Current law concerning youth camps contains ambiguities and inconsistencies. In 
order to recognize and preserve the historical, cultural, economic and youth development 
value of youth camps in this State, this bill clarifies the laws governing their operation. 
Part A defines youth camps as a separate. entity and further clarifies the law under the 
Maine Revised Statutes, Title 22, chapter 562 based on the definition of "youth camps" 
in rules adopted by the Department of Health and Human Services, 10-144 Code of 
Maine Rules, chapter 208, section I.R. 
Part B corrects other statutory provisions concerning youth camps to eliminate the 
inconsistent and confusing references. 
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