An Act To Promote Outdoor Recreational Opportunities for Maine Students
Maine Legislature, Session 130, LD 1474
Committee: Inland Fisheries and Wildlife
Sponsors: DUNPHY, FAY, HEPLER, MARTIN, ORDWAY, DILL
Amends: 5 MRSA §12004-I, 12 MRSA §12864, 12 MRSA §1806, 12 MRSA §12852, 12 MRSA §12853, 12 MRSA §12863, 12 MRSA §12904

Legislative Document
No. 1474
H.P. 1089
House of Representatives, April 14, 2021
An Act To Promote Outdoor Recreational Opportunities for Maine 
Students
Received by the Clerk of the House on April 12, 2021.  Referred to the Committee on 
Inland Fisheries and Wildlife pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative DUNPHY of Old Town.
Cosponsored by Representatives: FAY of Raymond, HEPLER of Woolwich, MARTIN of 
Sinclair, ORDWAY of Standish, Senator: DILL of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§49-D is enacted to read:
49-D.  
Inland 
Fisheries and 
Wildlife 
Advisory Committee for Educational 
Trip Leader Permits 
Not Authorized 
MRSA 
§12864
Sec. 2.  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. 3.  12 MRSA §1806, sub-§4, ¶I, as enacted by PL 2001, c. 604, §6, is amended 
to read:
I.  Enters land or waters to which access has been restricted under section 1804.; or
Sec. 4.  12 MRSA §1806, sub-§4, ¶J is enacted to read:
J.  Violates the requirements for an educational trip leader permit issued under section 
12863.
Sec. 5.  12 MRSA c. 927 title is amended to read:
CHAPTER 927
GUIDES AND, YOUTH CAMP TRIP LEADERS AND EDUCATIONAL TRIP 
LEADERS
Sec. 6.  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, educational 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, educational trip leaders or 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, educational 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. 7.  12 MRSA §12853, as amended by PL 2017, c. 441, §§1 and 2 and affected 
by §3, is further amended by amending the section headnote to read:
§12853.  License, fees and requirements; youth camp trip leader exception and 
educational trip leader exceptions
Sec. 8.  12 MRSA §12853, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
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.
Sec. 9.  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.  A person holding an educational trip leader permit under section 12863 may, 
without a guide license, conduct trips including adults under the auspices of the 
educational institution that employs those adults, subject to the requirements of section 
12863.
C.  Notwithstanding section 12863, subsection 2, 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, 
motorboats or all-terrain vehicles.
This paragraph is repealed October 1, 2022.
For purposes of this subsection, "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.
Sec. 10.  12 MRSA §12863 is enacted to read:
§12863.  Educational trip leader permit for schools and postsecondary educational 
institutions
1.  When permit required.  An educational institution conducting overnight camping 
in a primitive camping area in the State shall provide for every 12 trip participants at least 
one educational trip leader permitted pursuant to this section who is associated with the 
educational institution or a person who holds a guide license issued under this chapter.  For 
purposes of this subsection, "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.
2.  Prohibition.  A person who does not hold a guide license issued under this chapter 
may not conduct overnight camping under subsection 1 without an educational 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.
3.  Application.  A person seeking an educational trip leader permit must submit an 
application on forms provided by the commissioner and pay the application fee.
4.  Qualifications.  To qualify for an educational trip leader permit, an applicant must:
A.  Be at least 18 years of age; 
B.  Show successful completion of an approved educational trip leader course created 
pursuant to a curriculum adopted pursuant to subsection 6 or complete an application 
provided by the commissioner outlining in detail the applicant's experience and training 
that qualifies that person to become an educational trip leader; and
C.  Meet any other requirements established by the commissioner.  The commissioner, 
in establishing requirements pursuant to this paragraph, shall take into consideration 
the advice of the Advisory Committee for Educational Trip Leader Permits pursuant to 
section 12864, subsection 2.
5.  Special waiver.  The commissioner, who shall take into consideration the 
recommendations of the Advisory Committee for Educational Trip Leader Permits under 
section 12864, subsection 2, may grant a waiver of the course requirement under subsection 
4, paragraph B on the basis of the applicant's experience after payment of the application 
fee under subsection 7.
6.  Curriculum.  The commissioner, who shall take into consideration the advice of 
the Advisory Committee for Educational Trip Leader Permits pursuant to section 12864, 
subsection 2, shall adopt an educational trip leader course curriculum and examinations.  
The educational trip leader course curriculum must include at a minimum instruction in the 
following areas:
A.  Wilderness first aid;
B.  Water safety, including lifesaving techniques, as appropriate, and cardiopulmonary 
resuscitation;
C.  Group management and facilitation;
D.  Risk management;
E.  Wilderness traveling and camping;
F.  Camping, including practice in related activities; and
G.  The State's outdoor industry.
The commissioner shall publish the curriculum and a current list of courses, with the 
approved curriculum, by course name and address where the course is offered.
7.  Fee.  The initial qualifying fee for a 5-year educational trip leader permit is $20.  
The permit may be renewed upon payment of $15 if requirements of the department are 
met.
8.  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, who shall take into consideration the advice 
of the Advisory Committee for Educational Trip Leader Permits under section 12864, 
subsection 2, shall establish standards for what is considered an unsafe trip and shall 
consider previous violations of this section when issuing or reissuing educational trip leader 
permits.
Sec. 11.  12 MRSA §12864 is enacted to read:
§12864.  Advisory Committee for Educational Trip Leader Permits
1.  Committee established.  The Advisory Committee for Educational Trip Leader 
Permits, referred to in this section as "the committee," is established.
A.  The committee consists of 7 members appointed by the commissioner:
(1)  One employee of the department;
(2)  One person with a guide license issued pursuant to this chapter with 
educational trip leader experience;
(3)  One educational trip leader course instructor representing public postsecondary 
educational institutions;
(4)  One educational trip leader course instructor representing private nonprofit 
postsecondary educational institutions;
(5)  One educational trip leader course instructor representing kindergarten to grade 
public schools;
(6)  One educational trip leader course instructor representing kindergarten to grade 
private schools; and
(7)  One educational trip leader course instructor representing a camp trip leader 
permit committee.
B.  The committee shall elect a chair and secretary from among its members.
C.  Members of the committee serve for 5 years.  A member continues serving until a 
successor is duly appointed.  A member may not serve more than 2 consecutive 5-year 
terms.  In the case of a vacancy, the commissioner shall fill the vacancy by appointing 
a member representing the same interest as the member who vacated the committee 
and that member serves for the remainder of the term.
D.  Five members of the committee constitute a quorum.
E.  The committee shall meet at least twice each year.
2.  Committee responsibilities.  This subsection governs the responsibilities of the 
committee.
A.  The committee shall provide advice to the commissioner and shall:
(1)  Propose minimum qualifications for educational trip leaders and set minimum 
qualifications for educational trip leader course instructors;
(2)  Propose an educational trip leader course curriculum;
(3)  Propose the examination questions and process for testing educational trip 
leaders and set the examination questions and process for testing educational trip 
leader course instructors;
(4)  Propose standards for what is considered an unsafe trip;
(5)  Review, approve and deny applications for educational trip leader course 
instructor certifications;
(6)  Review and propose updates for the educational trip leader and educational 
trip leader course instructor curricula every 3 years;
(7)  Review and provide recommendations regarding special waivers under section 
12863, subsection 5;
(8)  Review complaints against educational trip leader course instructors and 
educational trip leader permit holders; and
(9)  Propose criteria for refusing to renew an educational trip leader permit based 
on previous enforcement actions under or violations of section 12863, subsection 
8.
B.  The committee shall provide advice to the commissioner regarding the educational 
trip leader course curriculum under section 12863, subsection 6.
Sec. 12.  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 or educational 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.
Sec. 13.  Initial members of the Advisory Committee for Educational Trip 
Leader Permits.  Notwithstanding the Maine Revised Statutes, Title 12, section 12864, 
subsection 1, paragraph C, of the initial members of the Advisory Committee for 
Educational Trip Leader Permits, the Commissioner of Inland Fisheries and Wildlife shall 
appoint 2 members for one year, 2 members for 3 years and 3 members for 5 years.  
Notwithstanding the Maine Revised Statutes, Title 12, section 12864, subsection 1, 
paragraph A, the Commissioner of Inland Fisheries and Wildlife may appoint as initial 
members of the Advisory Committee for Educational Trip Leader Permits persons who are 
not certified as educational trip leader course instructors pursuant to Title 12, section 
12864, subsection 2, paragraph A.
SUMMARY
This bill creates a pathway for public and private elementary and secondary schools 
and postsecondary educational institutions to safely conduct overnight camping trips to 
primitive camping areas in the State for students and adults associated with those 
institutions by establishing an educational trip leader permit in the laws governing guides 
and youth camp trip leaders, using the youth camp trip leader permit as a model.  Schools 
currently conducting these trips as part of their programming have until October 1, 2022 to 
comply with the new permit process.  It requires camping trips to be led by persons who 
have obtained educational trip leader permits.  It also establishes the Advisory Committee 
for Educational Trip Leader Permits to provide advice to the Commissioner of Inland 
Fisheries and Wildlife regarding the permit and to regulate educational trip leader 
instructors.