An Act To Repeal the Fingerprinting Requirement for Teachers and School Employees
Maine Legislature, Session 121, LD 0653
Committee: Education and Cultural Affairs
Sponsors: DAVIS, FINCH, PARADIS, CATHCART, ANNIS, HUTTON, NORTON, SNOWE-MELLO, TRAHAN, TWOMEY, DA VIS, HALL
Amends: 20-A MRSA §6101, 20-A MRSA §6103, 20-A MRSA §13011, 25 MRSA §1542-A

Legislative Document 
No. 653 
H.P.483 
House of Representatives, February 11,2003 
An Act To Repeal the Fingerprinting Requirement for Teachers and 
School Employees 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative DAVIS of Falmouth. 
17/~ 
frl.7lJu~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: FINCH of Fairfield, PARADIS of Frenchville, 
Senator CATHCART of Penobscot and 
Representatives: ANNIS of Dover-Foxcroft, HUTTON of Bowdoinham, NORTON of Bangor, 
SNOWE-MELLO of Poland, TRAHAN of Waldoboro, TWOMEY of Biddeford, Senators: 
DA VIS of Piscataquis, HALL of Lincoln. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 20-A MRSA §6101, sub-§2, ,B, as amended by PL 1995, c. 
547, §4, is further amended to read: 
S. 
Except as provided in paragraph A, 
information in any 
form relating to an employee or applicant for employment, or 
to 
the 
employee's 
immediate 
family, 
must 
be 
kept 
confidential if it relates to the following: 
(1) 
All information, working papers and examinations 
used in the examination or evaluation of all applicants 
for employment; 
(2) 
Medical 
information 
of 
any 
information pertaining to diagnosis 
mental or emotional disorders; 
kind, 
including 
or 
treatment of 
(3) 
Performance evaluations, personal references and 
other reports and evaluations reflecting on the quality 
or adequacy of the employee's work or general character 
compiled and maintained for employment purposes; 
(4) 
Credit information; 
(5) 
Except as provided by subsection 1, the personal 
history, general character or conduct of the employee 
or any member of the employee's immediate family; 
(6) 
Complaints, 
charges 
complaints and charges of 
other materials pertaining 
of 
misconduct, 
replies 
misconduct and memoranda 
to disciplinary action; 
(7) 
Social security number; and 
to 
and 
(8) 
The 
teacher 
action 
plan 
and 
documents 
and 
reports 
maintained 
for 
purposeSf-aR9.-,-
support 
system 
certification 
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Sec. 2. 20-A MRSA §6103, as amended by PL 1999, c. 791, §§l 
to 4, is repealed. 
Sec. 3. 20-A MRSA §13011, sub-§I, 1fD, as repealed and replaced 
by PL 1997, c. 683, Pt. A, §11 and amended by PL 1999, c. 547, 
Pt. S, §78 and affected by §80, is further amended to read: 
Page l-LR0508(1) 
D. 
Seek a revocation of a certificate or authorization ln 
the District Court; and 
Sec. 4. 20-A MRS A §I30II, sub-§I, ,E, as amended by PL 1997, 
c. 452, §5, is further amended to read: 
E. 
Certify 
or 
authorize 
personnel 
who 
provide 
early 
childhood educational programs or developmental therapy to 
children with disabilities from birth to under 9 years of 
age in the home, 
in community-based special purpose and 
integrated programs and in public schoolsf-aBa~ 
Sec. 5. 20-A MRSA §I3011, sub-§I, ,F, as repealed and replaced 
by PL 1999, c. 791, §5, is repealed. 
Sec. 6. 20-A MRS A §I3011, sub-§8, as enacted by PL 1997, c. 
452, §7, is repealed. 
Sec. 7. 25 MRSA §I54I, sub-§8, as enacted by PL 1999, c. 79L 
§6, is repealed. 
Sec. 8. 25 MRSA §I542-A, sub-§I, ,G, as amended by PL 2001, c. 
52, §4, is repealed. 
Sec. 9. 25 MRSA §1542-A, sub-§2, as amended by PL 1999, c. 
260, Pt. B, §9 and affected by §18, is further amended to read: 
2. 
Palm 
prints, 
footprints 
and 
photographs. 
Whenever 
fingerprints are to be taken pursuant to subsection 1, paragraph 
AT or B e~-G, palm prints, footprints and photographs may also be 
taken. 
Whenever 
palm 
prints, 
footprints 
or 
photographs 
are 
ordered to be obtained pursuant to subsection L 
paragraph C, D 
or F or are sought pursuant to paragraph E, 
the palm prints, 
footprints or photographs must be taken. 
Sec. 10. 25 MRSA §1542-A, sub-§3, V, as enacted by PL 1999, 
c. 110, §7, is repealed. 
Sec. 11. 25 MRSA §I542-A, sub-§4. as amended by PL 200L c. 
52, §8, is further amended to read: 
4. 
Duty to submit to State Bureau of Identification. 
It is 
the duty of the law enforcement agency taking the fingerprints as 
required by subsection 3, 
paragraphs A, 
Band G to transmit 
immediately to the State Bureau of Identification the criminal 
fingerprint record. Fingerprints taken pursuant to sUbsection 1, 
paragraph C, 
D, 
E or F or pursuant to subsection 5 may not be 
submitted to the State Bureau of Identification unless an express 
request is made by the commanding officer of the State Bureau of 
Identification. 
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Fingerprints taken pursuant to subsection 1, paragraph I must be 
transmitted immediately to the State Bureau of Identification to 
enable the bureau to conduct state and national criminal history 
record checks for the court. 
Sec. 12. 25 MRSA §1542-A, sub-§8. as amended by PL 1999, c. 
260, Pt. B, §16 and affected by §18, is further amended to read: 
8. 
Fingerprint record forms. Fingerprints taken pursuant to 
subsection 1, 
paFa~Faphs paragraph A, paragraph B as to a person 
arrested 
as 
a 
fugitive 
from 
justice 
and 
paragraph 
D 
and 
subsection 5, 
paragraphs B, 
C and D must be taken on a 
form 
furnished by the State Bureau of Identification, such form to be 
known 
as 
the 
Criminal Fingerprint Record. 
Fingerprints 
taken 
pursuant to subsection 1, paragraphs ET and F aBe-G must be taken 
on a form furnished by the bureau, such form to be known as the 
Noncriminal Fingerprint Record. 
Fingerprints taken pursuant to 
subsection 1, 
paFa~Faphs paragraph B as to a person taken into 
custody for a juvenile crime pursuant to a 
uniform interstate 
compact on juveniles and paragraph H must be taken on a 
form 
furnished by the State Bureau of Identification, such form to be 
known as the Juvenile Crime Fingerprint Record. 
Fingerprints 
taken pursuant to subsection 1, paragraph C or F must be taken 
upon the form appropriate for that purpose. 
SUMMARY 
This bill repeals the law requiring background checks and 
fingerprinting of 
school 
employees. 
This bill also corrects 
cross-references to the repealed provisions.