An Act To Recognize Maine Youth Camps
PART A
Sec. A-1. 22 MRSA §2491, sub-§7, as amended by PL 1979, c. 672, Pt. A, §59, is further amended to read:
Sec. A-2. 22 MRSA §2491, sub-§11, as enacted by PL 1975, c. 496, §3, is amended to read:
Sec. A-3. 22 MRSA §2491, sub-§16 is enacted to read:
Sec. A-4. 22 MRSA §2492, sub-§1, ¶D, as enacted by PL 2003, c. 452, Pt. K, §20 and affected by Pt. X, §2, is amended to read:
Sec. A-5. 22 MRSA §2492, sub-§1, ¶E, as enacted by PL 2003, c. 452, Pt. K, §20 and affected by Pt. X, §2, is amended to read:
Sec. A-6. 22 MRSA §2492, sub-§1, ¶F is enacted to read:
Sec. A-7. 22 MRSA §2494, first ¶, as amended by PL 2007, c. 539, Pt. F, §1, is further amended to read:
Each application for, or for renewal of, a license to operate an eating establishment, eating and lodging place, lodging place, recreational camp , youth camp or camping area within the meaning of this chapter must be accompanied by a fee, appropriate to the size of the establishment, place, camp or area of the licensee, determined by the department and not to exceed the fees listed below. All fees collected by the department must be deposited into a special revenue account established for this purpose. No such fee may be refunded. No license may be assignable or transferable. The fees may not exceed:
Sec. A-8. 22 MRSA §2495, first ¶, as amended by PL 1983, c. 553, §21, is further amended to read:
The department shall, within 30 days following receipt of application, issue an annual license to operate any eating establishment, eating and lodging place, lodging place, recreational camp , youth camp or camping area which that is found to comply with this chapter and the regulations rules adopted by the department.
Sec. A-9. 22 MRSA §2496, sub-§2, as enacted by PL 2005, c. 140, §1, is amended to read:
Sec. A-10. 22 MRSA §2498, sub-§1, ¶A, as amended by PL 2003, c. 673, Pt. X, §3, is further amended to read:
Sec. A-11. 22 MRSA §2498, sub-§1, ¶B, as enacted by PL 1991, c. 528, Pt. J, §5 and affected by Pt. RRR and enacted by c. 591, Pt. J, §5, is amended to read:
Sec. A-12. 22 MRSA §2498, sub-§1, ¶C, as corrected by RR 2005, c. 2, §17, is amended to read:
Sec. A-13. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 22, chapter 562, in the chapter headnote, the words "camping areas and eating establishments" are amended to read "camping areas, recreational camps, youth camps and eating establishments" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
PART B
Sec. B-1. 5 MRSA §12004-I, sub-§24, as amended by PL 2003, c. 414, Pt. B, §9 and affected by c. 614, §9, is further amended to read:
| Environment: Natural Resources | Junior Maine Guides and Youth Camp Trip Leaders Curriculum Advisory Board | Expenses Only | 12 MRSA §10154 |
Sec. B-2. 5 MRSA §13090-F, sub-§1, ¶C, as amended by PL 2005, c. 33, §1, is further amended to read:
(1) At least one member representing a statewide organization of hotels, motels and inns;
(2) At least one member representing a statewide organization of restaurants;
(3) At least one member representing a statewide organization of campground owners;
(4) At least one member representing the retail sector in the State;
(5) At least one member representing the motorcoach industry;
(6) At least one member representing the air transportation industry;
(7) At least one member representing arts and cultural organizations; and
(8) At least one member representing a statewide organization of children's youth camps; and
Sec. B-3. 12 MRSA §1806, sub-§4, ¶H, as corrected by RR 2003, c. 2, §15, is amended to read:
Sec. B-4. 12 MRSA §9001-A, sub-§1, as enacted by PL 1995, c. 586, §3, is amended to read:
Sec. B-5. 12 MRSA §10154, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9 and amended by c. 689, Pt. B, §6, is further amended to read:
§ 10154. Junior Maine Guides and Youth Camp Trip Leaders Curriculum Advisory Board
Sec. B-6. 12 MRSA §10910, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9 and amended by c. 689, Pt. B, §6, is further amended to read:
Sec. B-7. 12 MRSA §12502, as amended by PL 2003, c. 655, Pt. B, §248 and affected by §422, is further amended to read:
§ 12502. Youth camp fishing license
Each day a person violates the terms of a special privilege under this section is a separate offense.
Sec. B-8. 12 MRSA §12852, first ¶, as affected by PL 2003, c. 614, §9 and repealed and replaced by c. 655, Pt. B, §315 and affected by §422, is amended to read:
The following penalties apply to violations of rules regulating licensed guides or youth camp trip leaders and course instructor certificates.
Sec. B-9. 12 MRSA §12852, sub-§1, as enacted by PL 2003, c. 655, Pt. B, §315 and affected by §422, is amended to read:
Sec. B-10. 12 MRSA §12852, sub-§2, as enacted by PL 2003, c. 655, Pt. B, §315 and affected by §422, is amended to read:
Sec. B-11. 12 MRSA §12853, as amended by PL 2005, c. 12, Pt. III, §30, is further amended to read:
§ 12853. License, fees and requirements; youth camp trip leader exception
For purposes of this subsection, "first-time applicant" means an applicant who has not previously been issued a guide license in this State.
Sec. B-12. 12 MRSA §12860, as amended by PL 2005, c. 12, Pt. III, §31, is further amended to read:
§ 12860. Youth camp trip leader permit
The commissioner shall publish the curriculum adopted or approved by the Junior Maine Guides and Youth Camp Trip Leaders Curriculum Advisory Board and a current list of courses, with the approved curriculum, by name and address.
Sec. B-13. 12 MRSA §12904, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7 and c. 614, §9, 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 white-collar trips.
Sec. B-14. 12 MRSA §13068-A, sub-§4, ¶B, as amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:
(1) Canoes, owned by a boys or girls summer youth camp located upon internal waters in the State and duly licensed by the Department of Health and Human Services and utilized by campers under the direction and supervision of a youth camp counselor at least 18 years of age or older during training and instruction periods on waters adjacent to the main location of the youth camp within a distance of 500 feet from the shoreline of that camp, are exempt from this subsection; and
(2) Log rafts, carrying not more than 2 persons and used on ponds or lakes or internal waters of less than 50 acres in area, are exempt from carrying personal flotation devices.
Sec. B-15. 17-A MRSA §253, sub-§2, ¶G, as amended by PL 2001, c. 383, §15 and affected by §156, is further amended to read:
Sec. B-16. 17-A MRSA §261, sub-§4, as enacted by PL 2007, c. 393, §1, is amended to read:
Sec. B-17. 22 MRSA §1711-C, sub-§6, ¶M, as enacted by PL 1999, c. 512, Pt. A, §5 and affected by §7, is amended to read:
Sec. B-18. 22 MRSA §4011-A, sub-§1, ¶A, as amended by PL 2007, c. 577, §6, is further amended to read:
(1) An allopathic or osteopathic physician, resident or intern;
(2) An emergency medical services person;
(3) A medical examiner;
(4) A physician's assistant;
(5) A dentist;
(6) A dental hygienist;
(7) A dental assistant;
(8) A chiropractor;
(9) A podiatrist;
(10) A registered or licensed practical nurse;
(11) A teacher;
(12) A guidance counselor;
(13) A school official;
(14) A children's summer youth camp administrator or counselor;
(15) A social worker;
(16) A court-appointed special advocate or guardian ad litem for the child;
(17) A homemaker;
(18) A home health aide;
(19) A medical or social service worker;
(20) A psychologist;
(21) Child care personnel;
(22) A mental health professional;
(23) A law enforcement official;
(24) A state or municipal fire inspector;
(25) A municipal code enforcement official;
(26) A commercial film and photographic print processor;
(27) A clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications;
(28) A chair of a professional licensing board that has jurisdiction over mandated reporters;
(29) A humane agent employed by the Department of Agriculture, Food and Rural Resources;
(30) A sexual assault counselor; and
(31) A family or domestic violence victim advocate;
Sec. B-19. 22 MRSA §8101, sub-§1, ¶B, as enacted by PL 1981, c. 260, §4, is amended to read:
Sec. B-20. 22 MRSA §8301-A, sub-§1-A, ¶B, as amended by PL 2007, c. 324, §16, is further amended to read:
Sec. B-21. 22 MRSA §8301-A, sub-§1-A, ¶D, as enacted by PL 2001, c. 645, §6, is amended to read:
(1) No session conducted for the children is longer than 3 1/2 hours in length;
(2) No more than 2 sessions are conducted per day;
(3) Each child in attendance at the nursery school attends only one session per day; and
(4) No hot meal is served to the children.
"Nursery school" does not include any facility operated as a child care center or small child care facility licensed under subsection 2, a summer youth camp established solely for recreational and educational purposes licensed under section 2495 or a public or private school in the nature of a kindergarten approved by the Commissioner of Education, in accordance with Title 20-A.
Sec. B-22. 26 MRSA §663, sub-§3, ¶F, as repealed and replaced by PL 1975, c. 92, is amended to read:
Sec. B-23. 26 MRSA §771, as amended by PL 1991, c. 544, §4, is further amended to read:
§ 771. Minors under 14 years of age
A minor under 14 years of age may not be employed, permitted or suffered to work in, about or in connection with agriculture, except for the planting, cultivating or harvesting of field crops or other agricultural employment not in direct contact with hazardous machinery or hazardous substances, any eating place, automatic laundries, retail establishment where frozen dairy products are manufactured on the premises, sporting or overnight youth camp licensed under Title 22, section 2495, mercantile establishment or in outdoor occupations on the grounds of a hotel, and a minor between the ages of 14 and 16 years may not be so employed when the distance between the work place and the home of the minor, or any other factor, necessitates the minor's remaining away from home overnight. This section does not apply to any such minor who is employed directly by, with or under the supervision of either or both of the minor's parents; or to any such minor employed in school lunch programs, if limited to serving food and cleaning up dining rooms.
Sec. B-24. 26 MRSA §774, sub-§4, as amended by PL 1993, c. 434, §5, is further amended to read:
Sec. B-25. 26 MRSA §1043, sub-§11, ¶F, as amended by PL 2007, c. 230, §1, is further amended to read:
(1) Service performed in the employ of this State, or of any political subdivision thereof, or of any instrumentality of this State or its political subdivisions, except as provided by this subsection;
(2) Service performed in the employ of the United States Government or an instrumentality of the United States immune under the Constitution of the United States from the contributions imposed by this chapter, except that on and after January 1, 1940 to the extent that the Congress of the United States has permitted states to require any instrumentalities of the United States to make payments into an unemployment compensation fund under a state unemployment compensation or employment security law, all of the provisions of this chapter are applicable to such instrumentalities and to services performed for such instrumentalities in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals and services. If this State is not certified for any year by the Secretary of Labor under section 3304 of the Federal Internal Revenue Code, the payments required of such instrumentalities with respect to that year must be refunded by the commissioner from the fund in the same manner and within the same period as is provided in section 1225, subsection 5, with respect to contributions erroneously collected;
(3) Service with respect to which unemployment compensation is payable under an unemployment compensation system or employment security system established by an Act of Congress. The commissioner is authorized and directed to enter into agreements with the proper agencies under such an Act of Congress, which agreements become effective 10 days after publication thereof in the manner provided in section 1082, subsection 2, for regulations, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this chapter, acquired rights to unemployment compensation under such an Act of Congress, or who have, after acquiring potential rights to unemployment compensation under such an Act of Congress, acquired rights to benefits under this chapter;
(4) Agricultural labor as defined in subsection 1, except as provided in paragraph A-2;
(4-1) Agricultural labor, if performed by an individual who is an alien, other than a citizen of a contiguous country with which the United States has an agreement with respect to unemployment compensation, admitted to the United States to perform agricultural labor pursuant to the United States Immigration and Nationality Act, Sections 214(c) and 101(a) (15) (H);
(5) Domestic service in a private home, except as provided in paragraph A-3;
(6) Service performed by an individual in the employ of that individual's son, daughter or spouse and service performed by a child under the age of 18 in the employ of that child's father or mother, except for periods of such service for which unemployment insurance contributions are paid;
(6-1) Services performed by a student attending an elementary, secondary or postsecondary school while participating in a cooperative program of education and occupational training or on-the-job training that is part of the school curriculum;
(9) Service performed with respect to which unemployment compensation is payable under the Railroad Unemployment Insurance Act (52 Stat. 1094);
(10) Services performed in the employ of any other state, or any political subdivision thereof, or any instrumentality of any one or more of the foregoing that is wholly owned by one or more states or political subdivisions and any services performed in the employ of any instrumentality of one or more other states or their political subdivisions to the extent that the instrumentality is, with respect to such a service, immune under the Constitution of the United States from the tax imposed by section 3301 of the Federal Internal Revenue Code, except as provided in paragraph A-1, subparagraph (1);
(11) Service performed in any calendar quarter in the employ of any organization exempt from income tax under section 501(a) of the Federal Internal Revenue Code other than an organization described in section 401(a) or under section 521 of the Code, if the remuneration for such service is less than $150;
(16) Service performed in the employ of a foreign government, including service as a consular or other officer or employee or a nondiplomatic representative;
(17) Service performed in the employ of an instrumentality wholly owned by a foreign government:
(a) If the service is of a character similar to that performed in foreign countries by employees of the United States Government or an instrumentality thereof; and
(b) If the commissioner finds that the United States Secretary of State has certified to the United States Secretary of the Treasury that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to similar service performed in the foreign country by employees of the United States Government and of instrumentalities thereof;
(18) Service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law and service performed as an intern in the employ of a hospital by an individual who has completed a 4 years' course in a medical school chartered or approved pursuant to state law;
(19) Service performed by an individual for a person as a real estate broker, a real estate sales representative, an insurance agent or an insurance solicitor, if all such service performed by that individual for that person is performed for remuneration solely by way of commission;
(20) Service performed by an individual under the age of 18 in the delivery or distribution of newspapers or shopping news except delivery or distribution to any point for subsequent delivery or distribution;
(21) Service performed in the employ of any organization that is excluded from the term "employment" as defined in the Federal Unemployment Tax Act solely by reason of section 3306(c)(7) or (8) if:
(a) Service is performed in the employ of a church or convention or association of churches or an organization that is operated primarily for religious purposes and that is operated, supervised, controlled or principally supported by a church or convention or association of churches;
(b) Service is performed by a duly ordained, commissioned or licensed minister of a church in the exercise of that minister's ministry or by a member of a religious order in the exercise of duties required by that order;
(c) Prior to January 1, 1978, service is performed in the employ of a school primarily operated as an elementary, secondary or preparatory school for higher education that is not an institution of higher education;
(d) Service is performed in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market by an individual receiving such rehabilitation or remunerative work;
(e) Service is performed as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof by an individual receiving that work-relief or work-training;
(f) Service is performed in the employ of a hospital as defined in subsection 26 by a patient of that hospital;
(g) Services are performed prior to January 1, 1978 for a hospital in a state prison or other state correctional institution by an inmate of that prison or correctional institution and after December 31, 1977 by an inmate of a custodial or penal institution;
(h) Service is performed in the employ of a school, college or university if that service is performed by a student who is enrolled and is regularly attending classes at such a school, college or university; or
(i) Prior to January 1, 1978, service is performed in the employ of a school that is not an institution of higher education and after December 31, 1977, service is performed in the employ of a governmental entity referred to in paragraph A-1, subparagraph (1) if that service is performed by an individual in the exercise of duties:
(i) As an elected official;
(ii) As a member of a legislative body or a member of the judiciary of a state or political subdivision of a state;
(iii) As a member of the State National Guard or Air National Guard;
(iv) As an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency;
(v) In a position that, under or pursuant to the laws of this State, is designated as a major nontenured policymaking or advisory position or a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week; or
(vi) As an election official or election worker if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than $1,000;
(29) Services performed by a hairdresser who holds a booth license and operates within another hairdressing establishment if operated under a booth rental agreement or other rental agreement;
(30) Services performed by a barber who holds a booth license and operates within another barbering establishment if operated under a booth rental agreement or other rental agreement;
(31) Services performed by a contract interviewer engaged in marketing research or public opinion interviewing when such interviewing is conducted in the field or over the telephone on premises not used or controlled by the person for whom such contract services are being provided;
(32) After December 31, 1981, services performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life, unless those services would be included in the definition of "employment" for federal unemployment tax purposes under the Federal Unemployment Act, United States Code, Title 26, Section 3306(c), as it may be amended. Also included in this exemption are services performed in harvesting shellfish for depuration from designated areas as authorized by Title 12, section 6856;
(33) Services performed by a member or leader of a musical group, band or orchestra or an entertainer when the services are performed under terms of a contract entered into by the leader or an agent of the musical group, band, orchestra or entertainer with an employing unit for whom the services are being performed, provided the leader or agent is not an employer by reason of subsection 9 or of section 1222, subsection 3;
(34) Services performed in the delivery or distribution of newspapers or magazines to the ultimate consumer by an individual who is compensated by receiving or retaining a commission or profit on the sale of the newspaper or magazine;
(35) Services performed by a homeworker in the knitted outerwear industry as those terms are defined, on the effective date of this subparagraph, in 29 Code of Federal Regulations, Part 530, Section 530.1;
(36) Service performed by a full-time student, as defined in subsection 30, in the employ of an organized a youth camp licensed under Title 22, section 2495 if the full-time student performed services in the employ of the camp for less than 13 calendar weeks in the calendar year and the camp:
(a) Did not operate for more than 7 months in the calendar year and did not operate for more than 7 months in the preceding calendar year; or
(b) Had average gross receipts for any 6 months in the preceding calendar year that were not more than 33 1/3% of its average gross receipts for the other 6 months in the preceding calendar year;
(37) Services performed by an individual as a home stitcher as long as that employment is not subject to federal unemployment tax;
(38) Services performed by a person licensed as a guide as required by Title 12, section 12853, as long as that employment is not subject to federal unemployment tax;
(39) Services performed by a direct seller as defined in 26 United States Code, Section 3508, Subsection (b), Paragraph (2). This subparagraph does not include a person selling major improvements or renovations to the structure of a home, business or property;
(40) Services performed by lessees of taxicabs, as long as that employment is not subject to federal unemployment tax. This subparagraph may not be construed to affect a determination regarding a lessee's status as an independent contractor for workers' compensation purposes;
(41) Services provided by a dance instructor to students of a dance studio when there is a contract between the instructor and the studio under which the instructor's services are not offered exclusively to the studio, the studio does not control the scheduling of the days and times of classes other than beginning and end dates, the instructor is paid by the class and not on an hourly or salary basis, the compensation rate is the result of negotiation between the instructor and the studio and the instructor is given the freedom to develop the curriculum;
(42) Services performed by participants enrolled in programs or projects under the national service laws including the federal National and Community Service Act of 1990, as amended, 42 United States Code, Section 12501 et seq., and the federal Domestic Volunteer Service Act, as amended, 42 United States Code, Section 4950 et seq.;
(43) Services of an author in furnishing text or other material to a publisher who:
(a) Does not control the author's work except to propose topics or to edit material submitted;
(b) Does not restrict the author from publishing elsewhere;
(c) Furnishes neither a place of employment nor equipment for the author's use;
(d) Does not direct or control the time devoted to the work; and
(e) Pays only for material that is accepted for publication.
This exception does not apply if the employment is subject to federal unemployment tax; and
(44) Services provided by an owner-operator of a truck or truck tractor while it is leased to a motor carrier, as defined in 49 Code of Federal Regulations, 390.5 (2000), as long as that employment is not subject to federal unemployment tax.
Sec. B-26. 26 MRSA §1251, sub-§3, ¶A, as amended by PL 1997, c. 293, §9, is further amended to read:
Sec. B-27. 32 MRSA §82, sub-§2, ¶E, as amended by PL 1993, c. 130, §1, is further amended to read:
Sec. B-28. 32 MRSA §2575, as amended by PL 2001, c. 492, §4, is further amended to read:
§ 2575. Youth camp physicians
An osteopathic physician who is a graduate of a school or college of osteopathic medicine approved by the American Osteopathic Association and who is of good repute may, at the discretion of the board, make application for a temporary license to practice as a youth camp physician at a specified youth camp licensed under Title 22, section 2495. Such an osteopathic physician is entitled to practice only on the patients at the youth camp. The license must be obtained each year. Applications for such a temporary license must be made in the same manner as for regular licenses. An examination may not be exacted from applicants for temporary licenses. The fee may not be more than $600.
Sec. B-29. 32 MRSA §3277, as amended by PL 2005, c. 162, §5, is further amended to read:
§ 3277. Youth camp physicians
A physician who is qualified under section 3275 may, at the discretion of the board, be temporarily licensed as a youth camp physician so that the physician may care for the campers in that particular youth camp licensed under Title 22, section 2495 for which the physician was hired and retained as a youth camp physician. That physician is entitled to practice only on patients in the youth camp. The temporary license must be obtained each year. Application for this temporary license must be made in the same form and manner as for regular licensure. An examination may not be exacted from applicants for these temporary licenses. The fee for temporary licensure may not be more than $400 annually.
Sec. B-30. 32 MRSA §14203, sub-§2, ¶B, as enacted by PL 1991, c. 397, §6, is amended to read:
Sec. B-31. 36 MRSA §1760, sub-§6, ¶F, as enacted by PL 2007, c. 529, §3, is amended to read:
Sec. B-32. 36 MRSA §1760, sub-§59, as amended by PL 1989, c. 700, Pt. A, §169, is further amended to read:
Sec. B-33. 36 MRSA §2557, sub-§19, as enacted by PL 2003, c. 673, Pt. V, §25 and affected by §29, is amended to read:
Sec. B-34. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 12, chapter 927, in the chapter headnote, the words "guides and trip leaders" are amended to read "guides and youth camp trip leaders" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
SUMMARY
Current law concerning youth camps contains ambiguities and inconsistencies. In order to recognize and preserve the historical, cultural, economic and youth development value of youth camps in this State, this bill clarifies the laws governing their operation.
Part A defines youth camps as a separate entity and further clarifies the law under the Maine Revised Statutes, Title 22, chapter 562 based on the definition of "youth camps" in rules adopted by the Department of Health and Human Services, 10-144 Code of Maine Rules, chapter 208, section 1.H.
Part B corrects other statutory provisions concerning youth camps to eliminate the inconsistent and confusing references.