An Act To Amend the Registered Maine Guide Background Check Requirement
Maine Legislature, Session 128, LD 1683
Committee: Inland Fisheries and Wildlife
Sponsors: DAVIS, TUELL, BELLOWS, CYRWAY, JACKSON, MAKER, MIRAMANT, ESPLING, NADEAU, VACHON
Amends: 12 MRSA §12853

Legislative Document
No. 1683
S.P. 619
In Senate, December 22, 2017
An Act To Amend the Registered Maine Guide Background Check 
Requirement
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 19, 2017.  Referred to the Committee 
on Inland Fisheries and Wildlife pursuant to Joint Rule 308.2 and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DAVIS of Piscataquis.
Cosponsored by Representative TUELL of East Machias and
Senators: BELLOWS of Kennebec, CYRWAY of Kennebec, JACKSON of Aroostook, 
MAKER of Washington, MIRAMANT of Knox, Representatives: ESPLING of New 
Gloucester, NADEAU of Winslow, VACHON of Scarborough.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law subjects certain registered Maine guide applicants and 
registered Maine guides to duplicative background check requirements; and
Whereas, multiple background checks are onerous for guide applicants and guides 
and are not necessary to ensure public safety; and
Whereas, this legislation must take effect before the end of the 90-day period so that 
it is in effect for the spring and summer tourism season; 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 §12853, sub-§4-A, as enacted by PL 2017, c. 204, §2, is 
amended to read:
4-A.  
Background check.  
The Except as provided in subsection 4-B, 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.
(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. 2.  12 MRSA §12853, sub-§4-B is enacted to read:
4-B.  Exception to background check requirement.  The commissioner may not 
require a background check conducted pursuant to subsection 4-A of an applicant for a 
guide license that is within a classification adopted by rule pursuant to section 12851, 
subsection 5 if passage of a criminal history record check conducted by the Federal 
Bureau of Investigation is a prerequisite for any credential required to obtain that 
classification of guide license.
Sec. 3.  12 MRSA §12853, sub-§5, as amended by PL 2005, c. 12, Pt. III, §30, is 
further amended to read:
5.  Fee.  The fee for a 3-year guide license is $81.
Sec. 4.  12 MRSA §12853, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
6.  Term of license.  A guide license entitles a person to act as a guide through 
December 31st of the 2nd 4th complete year following the year of issuance.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill establishes an exception to the requirement that a registered Maine guide 
applicant and a Maine guide licensed by the Department of Inland Fisheries and Wildlife 
submit to a background check when the applicant or guide holds or seeks to hold a guide 
license of the type for which passage of a background check is a prerequisite for any 
credential required to obtain that type of guide license.  The bill also extends the term of a 
guide license from up to 3 years to up to 5 years.