LD 1529
pg. 1
LD 1529 Title Page An Act Regarding the Affiliation Definition Test for Rafting Companies Page 2 of 2
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LR 2473
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 12 MRSA §7363, sub-§2, as amended by PL 1997, c. 730, §2 and
affected by §22, is further amended to read:

 
2. Affiliated outfitter. "Affiliated outfitter" means:

 
A. Any An outfitter who operates a whitewater trip on a
river and owns directly, indirectly or through a chain of
successive ownership 10% or more of the financial interest
in any other outfitter who operates a whitewater trip on
that river;

 
B. Any An outfitter who operates a whitewater trip on a
river, 10% or more of whose financial interests are owned
directly or indirectly or through a chain of successive
ownership by any other outfitter who operates a whitewater
trip on that river;

 
C. Any An outfitter who operates a whitewater trip on a
river, 10% or more of whose financial interests are owned
directly or indirectly or through a chain of successive
ownership by a person who owns 10% or more of the financial
interest in another outfitter who operates a whitewater trip
on that river; or

 
D. Any An outfitter who, in the year 1982 or thereafter
operates a whitewater trip on a river and:

 
(1) Purchases, leases, borrows, accepts, receives or
otherwise obtains on a nonarms-length basis from
another whitewater outfitter who operates a whitewater
trip on that river, either directly or indirectly, more
than 1/2 of its real or personal property; or

 
(2) Receives from another outfitter who operates a
whitewater trip on that river on a nonarms-length basis
more than 1/2 of the ordinary services related to the
business of whitewater outfitting, including, but not
limited to, mail, telephone, reservations, repair,
maintenance, personnel training and management.

 
A person may not be found to be an affiliated outfitter solely
because of blood relationship, marriage or previous employment.
An outfitter who purchases the business of another outfitter
whose license has been returned to the department as provided in
section 7365, subsection 6, has 60 days from the date of sale to
submit an affidavit applying for the selling outfitter's
allocation, assuring that the level and quality of services of
the selling outfitter will be maintained. If the department


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