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Amend the bill by striking out the title and substituting the following:
‘An Act To Extend the Term of Guide Licenses and Amend the License Revocation Laws’
Amend the bill by striking out everything after the title and before the summary 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 current background check requirement for guides and applicants for guide licenses is costly and burdensome; and
Whereas,  immediately implementing a penalty for failing to report behavior that is the basis for denial, suspension or revocation of a guide license will ensure that guides are adequately responsible for the safety of their clients; and
Whereas,  the changes implemented by this legislation need to go into effect before spring and summer tourism and recreation begin; 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 §10908, sub-§1, as amended by PL 2017, c. 204, §1, is further amended to read:
 
1. Conditions for revocation, suspension, denial.   The commissioner may suspend or revoke a guide license pursuant to this subchapter and Title 5, section 10004. The commissioner may revoke, suspend, refuse to issue or refuse to renew a guide license or the District Court may revoke or suspend a guide license in the following circumstances:
 
A. If the guide fails to meet the standards of competency established pursuant to section 12851;
 
B. If the guide fails to meet the qualifications for a guide license, including, but not limited to, failure to pass a reexamination conducted pursuant to section 12855, subsection 4;
 
C. If the guide is found to be incompetent, negligent or neglectful in the conduct of guiding activities, including, but not limited to, entering into a contractual agreement with a client to provide services and then failing, without just cause, to provide the services as agreed; or
 
D. If the guide or an applicant for a guide license has been convicted of committing a crime in the State or any other jurisdiction that is punishable by imprisonment for a term of one year or more or has been found not criminally responsible by reason of insanity of committing a crime in the State or any other jurisdiction that is punishable by imprisonment for a term of one year or more.
 
(1) A person whose license is revoked, suspended or denied under this paragraph may request a hearing before the commissioner. Following the hearing, the commissioner may issue a guide license or reinstate a guide license that has been revoked, suspended or denied if the commissioner determines that the applicant has been sufficiently rehabilitated from the conviction to warrant the public trust or the nature of the conviction or the circumstances surrounding it do not warrant disqualification from licensure. The request for a hearing under this paragraph must be made within 30 days of receipt of the revocation, suspension or denial of the guide license.; or
 
(2) An applicant for a guide license or the holder of a guide license must notify the department of a conviction or a finding of not criminally responsible that is grounds under this paragraph for the revocation, suspension or denial of a guide license within 30 days of the conviction or finding. Failure to notify the department is grounds for a permanent denial or revocation of a guide license.
 
E.  If the guide or applicant for a guide license fails to notify the department as required under subsection 3. Failure to notify as required under subsection 3 is grounds for a permanent denial or revocation of a guide license.
Sec. 2.  12 MRSA §10908, sub-§3  is enacted to read:
 
3.  Mandatory notification.     An applicant for a guide license or a holder of a guide license must notify the department of a conviction or a finding of not criminally responsible that is grounds under subsection 1, paragraph D for the revocation, suspension or denial of a guide license within 30 days of the conviction or finding. Failure to notify the department is grounds for a permanent denial or revocation of a guide license. A person who violates this subsection commits a Class E crime.
Sec. 3. 12 MRSA §12853, sub-§5, as amended by PL 2005, c. 12, Pt. III, §30, is further amended to read:
 
5. Fee.   The fee for a 3-year guide license is $81$135.
Sec. 4. 12 MRSA §12853, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is repealed and the following enacted in its place:
 
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.
Sec. 5. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 12, section 12853, subsections 5 and 6 take effect January 1, 2019.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
 
SUMMARY
This amendment replaces the bill, which creates an exception to the background check requirement for certain applicants for guide licenses. Like the bill, the amendment extends the term of a guide license from 3 years to 5 years, and it correspondingly increases the fee for a guide license from $81 to $135; however, unlike the bill, those changes take effect January 1, 2019. The amendment establishes a Class E crime for failing to notify the Department of Inland Fisheries and Wildlife of a conviction or a finding of not criminally responsible that is grounds for the revocation, suspension or denial of a guide license within 30 days of the conviction or finding and provides that failure to notify is grounds for permanent revocation or denial of a guide license.
FISCAL NOTE REQUIRED
(See attached)