An Act To Promote Outdoor Recreational Opportunities for Maine Students”
Maine Legislature, Session 129, LD 1932
Committee Amendment CA_A_H846 (House)
Amends: 12 MRSA §12853

COMMITTEE AMENDMENT “      ” to H.P. 1376, L.D. 1932, Bill, “An Act To 
Promote Outdoor Recreational Opportunities for Maine Students”
Amend the bill by striking out everything after the title 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 State's colleges, universities and kindergarten to grade 12 schools 
educate students in outdoor activities, safety and leadership; and
Whereas, the State's colleges, universities and kindergarten to grade 12 schools train 
their faculty and staff to safely lead outdoor recreation trips in the fields and forests and 
on the water and ice in the State that may include overnight camping at primitive areas; 
and
Whereas, the State's colleges and universities train their adult students to lead 
outdoor recreation trips in the fields and forests and on the water and ice in the State 
while camping at primitive camping areas; and
Whereas, the laws of Maine require anyone leading such trips who receives 
remuneration to have a Maine guide license; and
Whereas, although licensed Maine guides provide significant contributions to both 
the quality of safe outdoor experiences and the economy of the State, the licensing 
requirements for Maine guides may not be compatible with the needs of outdoor 
recreation trip leaders at the State's accredited colleges, universities and kindergarten to 
grade 12 schools; and
Whereas, this Act establishes a task force on outdoor recreation trips to create a 
statewide certification that conforms to the outdoor education needs of postsecondary and 
kindergarten to grade 12 school faculty and staff and college students who seek to safely 
lead trips available only to students, faculty and staff within a state-accredited educational 
institution; and
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1376, L.D. 1932
COMMITTEE AMENDMENT
Whereas, the law must be amended to provide a transition period to allow state-
accredited colleges, universities and kindergarten to grade 12 schools to come into 
compliance with Maine law regarding licensed guides; 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-§7, as amended by PL 2009, c. 211, Pt. B, §11, is 
repealed and the following enacted in its place:
7.  Exceptions.  The following exceptions apply to the requirement for a guide 
license.
A.  A person holding a youth camp trip leader permit under section 12860 may, 
without a guide license, conduct trips including adults under the auspices of the youth 
camp that employs those adults, subject to all the requirements of section 12860.
B.  An employee or a student of an educational institution in this State may, without a 
guide license, conduct outdoor recreation trips as part of the educational institution's 
programming as long as:
(1)  The educational institution's programming prior to the effective date of this 
paragraph included conducting outdoor recreation trips; and
(2)  Any outdoor recreation trip conducted by the educational institution does not 
include fishing, hunting, trapping, whitewater rafting or the use of snowmobiles 
or all-terrain vehicles.
For purposes of this paragraph, "educational institution" means a public school or 
private school, as those terms are defined in Title 20-A, section 1, or a postsecondary 
educational institution.
This paragraph is repealed October 1, 2022.
Sec. 2.  Task force on outdoor recreation trips.  The Commissioner of Inland 
Fisheries and Wildlife shall convene a task force on outdoor recreation trips, referred to 
in this section as "the task force."
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings:
A.  "Private school" has the same meaning as in the Maine Revised Statutes, Title 
20-A, section 1, subsection 22.
B.  "Public school" has the same meaning as in the Maine Revised Statutes, Title 
20-A, section 1, subsection 24.
2.  Membership.  The Commissioner of Inland Fisheries and Wildlife shall invite the 
following to serve as members of the task force:
COMMITTEE AMENDMENT “      ” to H.P. 1376, L.D. 1932
COMMITTEE AMENDMENT
A.  Representatives of public schools, private schools and postsecondary educational 
institutions as follows:
1.  Two representatives of public postsecondary educational institutions in the 
State, including at least one from the University of Maine System designated by 
the Chancellor of the University of Maine System;
2.  Two representatives of private nonprofit postsecondary educational 
institutions in the State, one of whom is a licensed Maine guide, designated by 
the Maine Independent Colleges Association;
3.  Two representatives of public schools, at least one of whom is a licensed 
Maine guide, designated by the Commissioner of Education; and
4.  Two representatives of private schools, one of whom is a licensed Maine 
guide, designated by the Maine Association of Independent Schools;
B.  The director of licensing and registration at the Department of Inland Fisheries 
and Wildlife;
C.  One representative of a nonprofit organization established to coordinate outdoor 
education for kindergarten to grade 12 schools who is a licensed Maine guide;
D.  One representative of the camp trip leader permit committee within the 
Department of Inland Fisheries and Wildlife;
E.  One representative of the Department of Inland Fisheries and Wildlife, Advisory 
Board for the Licensing of Guides;
F.  One warden employed by the Department of Inland Fisheries and Wildlife; and
G.  One representative of a statewide organization representing Maine guides.
The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee shall 
serve as a member of the task force.
3.  Chairs.  The member designated by the Chancellor of the University of Maine 
System and the Commissioner of Inland Fisheries and Wildlife, or the commissioner's 
designee, are the cochairs of the task force.
4.  Appointments.  The cochairs shall call and convene the first meeting of the task 
force no later than 30 days following the effective date of this section.
5.  Duties.  The task force shall develop recommendations to establish:
A.  A statewide certification, as an alternative to Maine guide licensing, for adults 
and students of public and private schools and postsecondary educational institutions 
to lead outdoor recreation trips that do not include fishing, hunting, trapping or 
whitewater rafting or the use of snowmobiles or all-terrain vehicles for students and 
faculty of the State's private and public schools and postsecondary educational 
institutions;
B.  A curriculum that would allow adults and students of the State's public and 
private schools and postsecondary educational institutions to achieve the skills 
necessary to earn the statewide certification developed under paragraph A. The task 
force must consider safety, leadership and group facilitation skills in its 
recommendations for a curriculum;
COMMITTEE AMENDMENT “      ” to H.P. 1376, L.D. 1932
COMMITTEE AMENDMENT
C.  Procedures and systems to train instructors;
D.  Assessment procedures that focus on participant safety, leadership and group 
facilitation and conform to the academic schedules of the State's public and private 
schools and postsecondary educational institutions; and
E.  A fee system that is sufficient to fund the statewide certification program but that 
is not onerous to adults, students, public and private schools and postsecondary 
educational institutions.
6.  Staff assistance.  The University of Maine System shall provide necessary 
staffing services to the task force.
7.  Report.  By January 10, 2021, the Commissioner of Inland Fisheries and Wildlife 
shall report to the joint standing committee of the Legislature having jurisdiction over 
inland fisheries and wildlife matters the findings and conclusions of the task force under 
subsection 4, including any recommended legislation.  The joint standing committee is 
authorized to submit a bill related to the report to the First Regular Session of the 130th 
Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY
This amendment replaces the bill and creates a temporary exception for employees 
and students of schools and postsecondary educational institutions in the State to the 
requirement that a person hold a Maine guide license to conduct certain outdoor 
recreation trips.  As long as the educational institution's outdoor recreational trips 
occurred as part of programming prior to this legislation, and as long as any outdoor 
recreation trip conducted by the educational institution does not include fishing, hunting, 
trapping, whitewater rafting or the use of snowmobiles or all-terrain vehicles, employees 
and students of the educational institution do not require a Maine guide license.  The bill 
establishes a task force of stakeholders consisting of representatives of schools, 
postsecondary educational institutions and Maine guides and the Department of Inland 
Fisheries and Wildlife to develop recommendations for a new certification as an 
alternative to Maine guide licensing for outdoor recreation trips.
FISCAL NOTE REQUIRED
(See attached)
Revised: 07/28/20
LD 1932
LR 2974(02)
Fiscal Detail and Notes
Minor cost increase - General Fund
Minor cost increase - University of Maine System
Additional costs to the Department of Inland Fisheries and Wildlife to participate in, and to the University of Maine 
System to serve on and provide staff support to, the Task Force on Outdoor Recreation Trips can be absorbed within 
existing budgeted resources.
An Act To Promote Outdoor Recreational Opportunities for Maine Students
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Inland Fisheries and Wildlife
Fiscal Note Required: Yes
Fiscal Note
LR2974(02) - Fiscal Note - Page 1 of 1