An Act To Amend the Registered Maine Guide Background Check Requirement
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,
Sec. 1. 12 MRSA §12853, sub-§4-A, as enacted by PL 2017, c. 204, §2, is amended to read:
(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.
Sec. 2. 12 MRSA §12853, sub-§4-B is enacted to read:
Sec. 3. 12 MRSA §12853, sub-§5, as amended by PL 2005, c. 12, Pt. III, §30, is further amended to read:
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:
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.