CHAPTER 55
S.P. 167 - L.D. 586
An Act to Clarify the Testing Process for the Licensing of Guides
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the skills and expertise provided by licensed guides to their clientele ensure a high level of safety for the individual as well as the general public; and
Whereas, the Department of Inland Fisheries and Wildlife staff are currently being diverted from other pressing duties to administer oral exams to guides; 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Sec. 1. 12 MRSA §7313, sub-§6, as amended by PL 1997, c. 432, §35, is repealed and the following enacted in its place:
6. Oral examination. If an oral examination is administered, the exam must be conducted by at least 2 trained examiners designated pursuant to section 7320, subsection 2, paragraph D who are approved by the commissioner or members of the Advisory Board for the Licensing of Guides.
Sec. 2. 12 MRSA §7320, as amended by PL 1995, c. 667, Pt. A, §26, is further amended to read:
1. Members. The Advisory Board for the Licensing of Guides, established by Title 5, section 12004-I, subsection 23, shall consist consists of the following 7 8 members:
A. One subordinate officer of the department designated by the commissioner;
B. Two wardens of the department; and
C. Four representatives of the public, with no more than 3 holding a license under this subchapter, to be appointed by the Governor for a term of 3 years to reflect a wide diversity of guiding experience. At least 2 members shall must be chosen for their expertise in outdoor recreation. The public members shall must be compensated as provided in Title 5, chapter 379.; and
D. One marine patrol officer of the Department of Marine Resources.
2. Duties. The board has the following duties:
A. To provide advice and consent regarding rules proposed by the commissioner;
B. At the request of the commissioner, to conduct oral examinations of applicants for guide licenses; and
C. To advise the commissioner on granting and revoking guide licenses.; and
D. At the board's discretion, to designate examiners for the purpose of conducting oral examinations pursuant to section 7313, subsection 6. Examiners must be selected from active or retired members of the Bureau of Warden Service, current or former advisory board members, active or retired members of the marine patrol or currently licensed Maine guides. Designated examiners are entitled to compensation under the same provisions as the advisory board.
3. Quorum. Five members of the board constitute a quorum.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 12, 2001.
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