An Act To Promote Outdoor Recreational Opportunities for Maine Students
Maine Legislature, Session 129, LD 1932
Committee: Inland Fisheries and Wildlife
Sponsors: DUNPHY
Amends: 12 MRSA §1806, 12 MRSA §12852, 12 MRSA §12853, 12 MRSA §12860, 12 MRSA §12904

Legislative Document
No. 1932
H.P. 1376
House of Representatives, January 8, 2020
An Act To Promote Outdoor Recreational Opportunities for Maine 
Students
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DUNPHY of Old Town.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §1806, sub-§4, ¶H, as amended by PL 2009, c. 211, Pt. B, §3, 
is further amended to read:
H.  Violates the requirements for a youth camp trip leader permit issued under section 
12860; or
Sec. 2.  12 MRSA c. 927 is amended by amending the headnote to read:
CHAPTER 927
GUIDES AND YOUTH CAMP TRIP LEADERS 
Sec. 3.  12 MRSA §12852, as amended by PL 2009, c. 211, Pt. B, §§8 to 10, is 
further amended to read:
§12852.  Rule violations; licensed guides and trip leaders
The following penalties apply to violations of rules regulating licensed guides or 
youth camp trip leaders and course instructor certificates.
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 fine of not less than $100 nor more than $500 may be 
adjudged.
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.
Sec. 4.  12 MRSA §12853, as amended by PL 2017, c. 441, §§1 and 2 and affected 
by §3, 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 term 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 seeking to be licensed as a guide shall 
submit an application to the commissioner.
A.  The commissioner shall provide application forms that request all relevant 
information 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 determined by the 
commissioner, 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.
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.
(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.
5.  Fee.  The fee for a guide license is $135.
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.
7.  Exception.  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, private school or postsecondary educational institution that employs those 
adults, subject to all the requirements of section 12860.
Sec. 5.  12 MRSA §12860, as amended by PL 2009, c. 652, Pt. A, §16, PL 2011, c. 
657, Pt. W, §§5 and 7 and PL 2013, c. 405, Pt. A, §§23 and 24, is further amended to 
read:
§12860.  Youth camp Camp trip leader permit for youth camps, private schools and 
postsecondary educational institutions
1.  When permit required.  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,; private schools; and public and 
private postsecondary educational institutions in the State 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.
For the purposes of this subsection, "private school" has the same meaning as in Title 
20-A, section 1, subsection 22.
1-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 seeking a youth camp trip leader permit must 
submit an application on forms provided by the commissioner and 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.  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.  Youth camp Camp trip leader qualifications and required experience for the 
special waiver procedure in subsection 4.
The commissioner shall publish the curriculum and a current list of courses, with the 
approved curriculum, by name and address.
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 Agriculture, Conservation and Forestry, Bureau of 
Parks and Lands may enforce this section and may terminate any trip that is considered 
unsafe or in violation 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. 6.  12 MRSA §12904, as amended by PL 2011, c. 253, §35, 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 whitewater trips.
SUMMARY
This bill allows private elementary and secondary schools and public and private 
postsecondary educational institutions in the State to, without a guide license, conduct 
camping trips for students and adults associated with those institutions. The bill requires 
the staff member in charge of such a trip to obtain a camp trip leader permit.