An Act To Find Cost Savings and Efficiencies in the Fingerprinting System for Criminal History Background Checks
Maine Legislature, Session 125, LD 0296
Committee: Criminal Justice and Public Safety
Sponsors: PRESCOTT, GERZOFSKY, CEBRA, GIFFORD, HAMPER, KNIGHT, MORISSETTE, PLUMMER, SANDERSON
Amends: 20-A MRSA §6103, 25 MRSA §1542-A

Legislative Document 
No. 296 
H.P. 240 
House of Representatives, February 3, 2011 
An Act To Find Cost Savings and Efficiencies in the Fingerprinting 
System for Criminal History Background Checks 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PRESCOTT of Topsham. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: CEBRA of Naples, GIFFORD of Lincoln, HAMPER of Oxford, KNIGHT of 
Livermore Falls, McKANE of Newcastle, MORISSETTE of Winslow, PLUMMER of 
Windham, SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6103, sub-§6, as amended by PL 2005, c. 457, Pt. CC, §3, 
is further amended to read: 
6.  Fingerprinting.  The applicant shall submit to having fingerprints taken.  The 
Maine State Police, the sheriffs and the chiefs of police in each of the cities and towns, 
upon payment by the applicant or any other entity required by law of the expenses 
specified in subsection 3-A, shall take or cause to be taken the applicant's fingerprints and 
shall forward the fingerprints to the State Bureau of Identification so that the bureau can 
conduct state and national criminal history record checks.  Except for the portion of the 
payment, if any, that constitutes the processing fee charged by the Federal Bureau of 
Investigation, all money received by the Maine State Police, the sheriffs and the chiefs of 
police in each of the cities and towns for purposes of this section must be paid over to the 
Treasurer of State for deposit in accordance with Title 20-A, section 6103, subsection 10. 
Sec. 2.  20-A MRSA §6103, sub-§10, as enacted by PL 2005, c. 457, Pt. CC, §4, 
is amended to read: 
10.  Criminal History Record Check Fund.  The Criminal History Record Check 
Fund is created as a dedicated fund within the Department of Education for the deposit of 
any fees collected pursuant to subsection 3-A. The purpose of the fund is to reimburse the 
Department of Public Safety, State Bureau of Identification for the cost of conducting the 
fingerprinting and needed state and national criminal history record checks pursuant to 
this section and to reimburse the sheriffs and chiefs of police in each of the cities and 
towns for expenses incurred in taking the fingerprints of an applicant pursuant to 
subsection 6. The fund may not lapse, but must be carried forward to carry out the 
purposes of this chapter. 
Sec. 3.  25 MRSA §1542-A, sub-§1, ¶H, as amended by PL 2001, c. 52, §5, is 
further amended to read: 
H.  Charged with the commission of a juvenile crime; or 
Sec. 4.  25 MRSA §1542-A, sub-§1, ¶I, as enacted by PL 2001, c. 52, §6, is 
amended to read: 
I.  Who is a prospective adoptive parent not the biological parent as required under 
Title 18-A, section 9-304, subsection (a-1).; or 
Sec. 5.  25 MRSA §1542-A, sub-§1, ¶J is enacted to read: 
J.  Who is an applicant for a license for a family foster home as defined in Title 22, 
section 8101, subsection 3. 
Sec. 6.  25 MRSA §1542-A, sub-§3, ¶F, as amended by PL 2005, c. 457, Pt. CC, 
§5, is further amended to read: 
F.  The Maine State Police, the sheriffs and the chiefs of police in each of the cities 
and towns shall take or cause to be taken the fingerprints of the person named in 
subsection 1, paragraph G, at the request of that person and upon payment of the 
expenses specified under Title 20-A, section 6103, subsection 3-A. 
Sec. 7.  25 MRSA §1542-A, sub-§3, ¶J is enacted to read: 
J.  The Maine State Police, the sheriffs and the chiefs of police in each of the cities 
and towns shall take or cause to be taken the fingerprints of the person named in 
subsection 1, paragraph J, at the request of that person and upon payment of the 
expenses associated with taking the fingerprints. 
SUMMARY 
This bill amends current law to allow the fingerprints of a teacher or an educational 
personnel applicant pursuant to the Maine Revised Statutes, Title 20-A, section 6103 and 
an applicant for a license for a family foster home to be taken by the sheriffs and chiefs of 
police in each of the cities and towns.  The bill also requires that the sheriffs and chiefs of 
police be paid for the expenses they incur in fingerprinting an applicant for a license for a 
family foster home and be reimbursed from the Criminal History Record Check Fund for 
the expenses they incur in fingerprinting a teacher or educational personnel applicant.