An Act To
Maine Legislature, Session 128, LD 1683
Committee Amendment CA_A_S396 (Senate)
Amends: 12 MRSA §10908, 12 MRSA §12853

COMMITTEE AMENDMENT "A " to S.P. 619, L.D. 1683, Bill, "An Act To 
Amend the Registered Maine Guide Background Check Requirement" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Extend the Term of Guide Licenses and Amend the License Revocation 
Laws' 
Amend the bill by striking out everything after the title and before the summary· and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the current background check requirement for guides and applicants for 
guide licenses is costly and burdensome; and 
Whereas, immediately implementing a penalty for failing to report behavior that is 
the basis for denial, suspension or revocation of a guide license will ensure that guides are 
adequately responsible for the safety of their clients; and 
Whereas, the changes implemented by this legislation need to go into effect before 
spring and summer tourism and recreation begin; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §10908, sub-§1, as amended by PL 2017, c. 204, §1, is further 
amended to read: 
1. Conditions for revocation, suspension, denial. The commissioner may suspend 
or revoke a guide license pursuant to this subchapter and Title 5, section 10004. The 
COMMITTEE AMENDMENT 
?., ~~-
COMMITTEEAMENDMENT"A "to S.P. 619,L.D. 1683 
commissioner may revoke, suspend, refuse to issue or refuse to renew a guide license or 
the District Court may revoke or suspend a guide license in the following circumstances: 
A. If the guide fails to meet the standards of competency established pursuant to 
section 12851; 
B. If the guide fails to meet the qualifications for a guide license, including, but not 
limited to, failure to pass a reexamination conducted pursuant to section 12855, 
subsection 4; 
C. If the guide is found to be incompetent, negligent or neglectful in the conduct of 
guiding activities, including, but not limited to, entering into a contractual agreement 
with a client to provide services and then failing, without just cause, to provide the 
services as agreed; er 
D. If the guide or an applicant for a guide license has been convicted of committing a 
crime in the State or any other jurisdiction that is punishable by imprisonment for a 
term of one year or more or has been found not criminally responsible by reason of 
insanity of committing a crime in the State or any other jurisdiction that is punishable 
by imprisonment for a term of one year or more. 
(1) A person whose license is revoked, suspended or denied under this paragraph 
may request a hearing before the commissioner. Following the hearing, the 
commissioner may issue a guide license or reinstate a guide license that has been 
revoked, suspended or denied if the commissioner determines that the applicant 
has been sufficiently rehabilitated from the conviction to warrant the public trust 
or the nature of the conviction or the circumstances surrounding it do not warrant 
disqualification from licensure. The request for a hearing under this paragraph 
must be made within 30 days ofreceipt of the revocation, suspension or denial of 
the guide license7.;_m: 
(2) An applicant for a gmde lioense or the holder of a gaide license amst notify 
the department of a conviotion or a finding of not orim.ffially responsible that is 
grounds under this paragr~h for the revocation, suspension or denial of a gaide 
license v,r-ithin 30 days of the cow,iotion or finding. 
Failure to notify the 
department is grounds for a permanent denial or re-vocation of a gmde lioense. 
E. If the guide or applicant for a guide license fails to notify the department as 
required under subsection 3. Failure to notify as required under subsection 3 is 
grounds for a permanent denial or revocation of a guide license. 
Sec. 2. 12 MRSA §10908, sub-§3 is enacted to read: 
3. Mandatory notification. An applicant for a guide license or a holder of a guide 
license must notify the department of a conviction or a finding of not criminally 
responsible that is grounds under subsection 1, paragraph D for the revocation, 
suspension or denial of a guide license within 30 days of the conviction or finding. 
Failure to notify the department is grounds for a permanent denial or revocation of a 
guide license. A person who violates this subsection commits a Class E crime. 
Sec. 3. 12 MRSA §12853, sub-§5, as amended by PL 2005, c. 12, Pt. ill, §30, is 
further amended to read: 
COMMITTEE AMENDMENT 
\\, cl, CZ:,. 
COMMITTEE AMENDMENT "A "to S.P. 619, L.D. 1683 
5. Fee. The fee for a~ guide license is $-8-1- $135. 
Sec. 4. 12 MR.SA §12853, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is repealed and the following enacted in its place: 
6. Term of license. A guide license issued under this section expires on December 
31st of the 4th complete year after the date of issuance. 
Sec. 5. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 12, section 12853, subsections 5 and 6 talce effect January 1, 2019. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation talces effect when approved.' 
SUMMARY 
This amendment replaces the bill, which creates an exception to the background 
check requirement for certain applicants for guide licenses. Like the bill, the amendment 
extends the term of a guide license from 3 years to 5 years, and it correspondingly 
increases the fee for a guide license from $81 to $135; however, unlike the bill, those 
changes talce effect January 1, 2019. The amendment establishes a Class E crime for 
failing to notify the Department of Inland Fisheries and Wildlife of a conviction or a 
finding of not criminally responsible that is grounds for the revocation, suspension or 
denial of a guide license within 30 days of the conviction or finding and provides that 
failure to notify is grounds for permanent revocation or denial of a guide license. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/16/18 feac 
LD 1683 
LR 2646(02) 
An Act To Amend the Registered Maine Guide Background Check Requirement 
Fiscal Note for Bill as Amended by Committee Amendment~" lS A~ qlo) 
Committee: Inland Fisheries and Wildlife 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium revenue increase - General Fund 
Future biennium revenue decrease - General Fund 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class E crimes; the collection of additional fines may also increase General Fund revenue by minor 
amounts. 
Fiscal Detail and Notes 
This bill extends the te1111 of a guide license from 3 years to 5 years and increases the license fee to compensate for 
lost revenue from less frequent renewal. In the first 3 years after implementation, all existing licenses will expire and 
be renewed at the higher fee and General Fund revenue will be increased. In the forth and fifth years (future 
biennium) after implementation there will be no licenses renewed at all, eliminating all renewal revenue credited to 
the General Fund in those two years. Over the entire 5 year period, there will be no net impact to revenue. This phase-
in effect will occur in subsequent 5-year periods but will be diminished over time as new guides are added and old 
ones are removed and renewals randomly become more evenly distributed. 
Any additional costs to the Department of Inland Fisheries and Wildlife as a result of changes to its authority to 
revoke a guide license under ce1iain circumstances will be minor and can be absorbed within existing budgeted 
resources. 
LR2646(02) - Fiscal Note - Page 1 of 1