An Act To Authorize the Revocation, Suspension or Denial of a Guide License under Specified Circumstances
Maine Legislature, Session 128, LD 1489
Committee Amendment CA_A_S206 (Senate)
Amends: 12 MRSA §12853, 25 MRSA §1542-A

COMMITTEE AMENDMENT "(\-" to S.P. 518, L.D. 1489, Bill, "An Act To 
Authorize the Revocation, Suspension or Denial of a Guide License under Specified 
Circumstances" 
Amend the bill in section 1 in subsection 1 in paragraph D in the first line (page 1, 
line 17 in L.D.) by striking out the following: "license is" and inserting the following: 
'license has been' 
Amend the bill in section 1 in subsection 1 in paragraph Din the 3rd line (page 1, line 
in L.D.) by striking out the following: "is found" and inserting the following: 'has been 
found' 
Amend the bill in section 1 in subsection 1 in paragraph Din subparagraph (2) in the 
4th line (page 1, line 34 in L.D.) by inserting after the following: "license" the following: 
'within 30 days of the conviction or finding' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 12 MRSA §12853, sub-§4-A is enacted to read: 
4-A. Background check. The commissioner shall request a background check for 
each person who applies for a guide license under this section. The background check 
must include criminal history record information obtained from the Maine Criminal 
Justice Information System established in Title 16, section 631 and the Federal Bureau of 
Investigation. 
A. The criminal history record information must be obtained and used as follows. 
(1) The criminal history record information obtained from the Maine Criminal 
Justice Information System must include a record of public criminal history 
record information as defined in Title 16, section 703, subsection 8. 
(2) The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
COMMITTEE AMENDMENT 
oy; 
v, 
'a 
COMMITIEE AMENDMENT "A" to S.P. 518, L.D. 1489 
(3) An applicant who is the subject of a Federal Bureau of Investigation criminal 
history record check may obtain a copy of the criminal history record check by 
following the procedures outlined in 28 Code of Federal Regulations, Sections 
16.32 and 16.33. An applicant who is the subject of a state criminal history 
record check may inspect and review the criminal history record information 
pursuant to Title 16, section 709. 
( 4) State and federal criminal history record information may be used by the 
department for the purpose of screening each applicant. 
B. 
The Commissioner of Public Safety shall assess a fee set annually by the 
commissioner for each initial criminal history record check and a fee set annually by 
the commissioner for each renewal criminal history record check required by this 
section. 
C. An applicant shall submit to having fingerprints taken. The State Police, upon 
payment of the fee required under paragraph B by the applicant, shall take or cause to 
be taken the applicant's fingerprints and shall forward the fingerprints to the 
Department of Public Safety, State Bureau of Identification so that the bureau can 
conduct state and national criminal history record checks. Except for the portion of 
the payment, if any, that constitutes the processing fee charged by the Federal Bureau 
of Investigation, all money received by the State Police for purposes of this paragraph 
must be paid over to the Treasurer of State. The money must be applied to the 
expenses of administration incurred by the Department of Public Safety. 
D. Information obtained pursuant to this subsection is confidential. The results of 
background checks received by the department are for official use only and may not 
be disclosed to any other person or entity. 
E. A person whose guide license has expired and who has not applied for renewal 
may request in writing that the Department of Public Safety, State Bureau of 
Identification remove the person's fingerprints from the bureau's fingerprint file. In 
response to a written request, the bureau shall remove the person's fingerprints from 
the fingerprint file and provide written confirmation of that removal to the requester. 
The Commissioner of Public Safety may, without notice to a person, remove 
fingerprints from the fingerprint file maintained by the bureau if the person has not 
held a guide license for 7 years or more. 
Sec. 3. 25 MRSA §1542-A, sub-§1, ,r~ and L, as enacted by PL 2015, c. 300, 
Pt. B, §3,.are amended to read: 
K. Who has applied for employment with the Department of Administrative and 
Financial Services, Bureau of Revenue Services, Office of Tax Policy and whose 
fingerprints have been required by the Associate Commissioner for Tax Policy 
pursuant to Title 36, section 194-B; er 
L. Who is assigned to provide services to the Department of Administrative and 
Financial Services, Bureau of Revenue Services pursuant to a contract or subcontract 
for services to the bureau and whose fingerprints have been required by the State Tax 
Assessor pursuant to Title 36, section 194-C,;_m: 
Sec. 4. 25 MRSA §1542-A, sub-§1, ,rM is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 518, L.D. 1489 
M. Who has applied for a guide license under Title 12, section 12853. 
Sec. 5. 25 MRSA §1542-A, sub-§3, ~ 
is enacted to read: 
L. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph M at the request of that person and upon payment 
of the expenses by that person as required by Title 12, section 12853, subsection 4-A, 
paragraph B.' 
SUMMARY 
This amendment adds to the bill a process by which a background check is performed 
on an applicant for a guide license. The amendment adds a requirement that an applicant 
for or the holder of a guide license must notify the Department of Inland Fisheries and 
Wildlife of a conviction or a finding of not criminally responsible that would disqualify 
the person from holding a guide license within 30 days of the conviction or finding. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 05/26/17 .:tPae 
LD 1489 
LR693(02) 
An Act To Authorize the Revocation, Suspension or Denial of a Guide License under Specified 
Fiscal Detail and Notes 
Circumstances 
Fiscal Note for Bill as Amended by Committee Amendment ''A' 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Minor revenue increase - Other Special Revenue Funds 
Any additional costs to the Department oflnland Fisheries and Wildlife as a result of the background check 
requirements for guide license applicants are anticipated to be minor and can be absorbed within existing budgeted 
resources. 
Additional costs to the Department of Public Safety associated with processing background checks can be absorbed 
within existing budgeted resources. Payments to the department covering the cost of the background checks will 
increase Other Special Revenue Funds revenue by minor amounts not requiring any change to the budget. 
LR0693(02) - Fiscal Note - Page 1 of 1