An Act To Implement the Recommendations of the Working Group To Study Background Checks for Child Care Facilities and Providers
Maine Legislature, Session 128, LD 0274
Committee Amendment CA_D-SA_A_S526 (Senate)
Amends: 25 MRSA §1542-A

SENATE AMENDMENT " A-" to COMMITTEE AMENDMENT "D" to H.P. 207, 
L.D. 274, Bill, "An Act To Implement the Recommendations of the Working Group To 
Study Background Checks for Child Care Facilities and Providers" 
Amend the amendment by striking out all of section 8 and inserting the following: 
'Sec. 8. 22 MR.SA §8302-B, sub-§1-A is enacted to read: 
1-A. Payment for criminal background checks. Fees for and costs related to 
processing and administering criminal background checks required for a child care staff 
member pursuant to subsection 1 must be paid by the department from the funds available 
under the federal Child Care and Development Block Grant Act of 1990, as amended by 
the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 
Public Law 104-193, 110 Stat. 2105. The fees for and costs related to processing and 
administering criminal background checks reimbursed under this subsection may not 
exceed the actual costs for processing and administration. A transfer of payment by the 
department to the Department of Public Safety from the federal Child Care and 
Development Block Grant Act of 1990, as amended by the federal Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 
Stat. 2105 must be made pursuant to a schedule agreed upon by the department and 
the Department of Public Safety, in consultation with the State Controller, and based on 
documentation of fees and processing and administration costs incurred.' 
7 
Amend the amendment by striking out all of section 13 and inserting the following: 
'Sec. 13. 25 MR.SA §1542-A, sub-§1, 1~ to Rare enacted to read: 
P. Who is licensed under Title 32, chapter 36 and has applied for an expedited 
license under Title 32, section 18506; 
O. Who is an applicant for licensure with the State Board of Nursing as required 
under Title 32, section 2111, subsection 1; or 
R. Who is required to have a criminal background check under Title 22, section 
8302-A or 8302-B.' 
Amend the amendment by striking out all of sections 15 to 17 and inserting the 
following: 
SENATE AMENDMENT 
SENATE AMENDMENT" A 
"to COMMITTEE AMENDMENT "D" to H.P. 207, L.D. 274 
'Sec. 15. 25 MRSA §1542-A, sub-§3, ,r,ro to Q are enacted to read: 
0. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph P at the request of that person and upon payment of 
the expenses by that person as required by Title 32, section 2571-A. 
P. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph O at the request of that person and upon payment 
by the person of the fee established in Title 32, section 2111, subsection 1. 
Q. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph R at the request of that person or the Department of 
Health and Human Services under Title 22, section 8302-A or 8302-B. 
Sec. 16. 25 MRSA §1542-A, sub-§4, as repealed and replaced by PL 2017, c. 
409, Pt. B, §13, is 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, B 
and 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 For 
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. 
Fingerprints taken pursuant to subsection 1, paragraph G 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 Department of 
Education. The bureau may not use the fingerprints for any purpose other than that 
provided for under Title 20-A, section 6103. The bureau shall retain the fingerprints, 
except as provided under Title 20-A, section 6103, subsection 9. Fingerprints taken 
pursuant to subsection 1, paragraph I and subsection 3, 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 and the Department of Public 
Safety, Gambling Control Board, respectively. Fingerprints taken pursuant to subsection 
1, paragraph J, K or L 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 Department of Administrative and Financial Services, Bureau of Revenue 
Services. Fingerprints taken pursuant to subsection 1, paragraph Mr_ 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 Board of Osteopathic Licensure, 
established in Title 32, chapter 36. Fingerprints taken pursuant to subsection 1, paragraph 
6 
N must be transmitted immediately to the State Bureau of Identification to enable the 
7 
bureau to conduct state and national criminal history record checks for the Board of 
Licensure in Medicine, established in Title 32, chapter 48. Fingerprints taken pursuant to 
subsection 1, paragraph M Q 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 State Board of Nursing, established in Title 32, chapter 31. Fingerprints 
taken pursuant to subsection 1, paragraph O must be transmitted immediately to the State 
Bureau of Identification to enable the bureau to conduct state and national criminal 
history record checks under Title 28-B, section 204. Fingerprints taken pursuant to 
subsection 1, paragraph R must be transmitted immediately to the State Bureau of 
SENA TE AMENDMENT 
\ 
a 
1._V 
SENATE AMENDMENT "/t" to COMMITTEE AMENDMENT "D" to H.P. 207, L.D. 274 
Identification to enable the bureau to conduct state and national criminal history record 
checks for the Department of Health and Human Services. 
Sec. 17. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Child Care Services 0563 
Initiative: Provides an allocation to pay background check fees for child care providers. 
FEDERAL BLOCK GRANT FUND 
All Other 
FEDERAL BLOCK GRANT FUND TOTAL 
Child Care Services 0563 
2017-18 
$0 
$0 
2018-19 
$540,000 
$540,000 
Initiative: Provides an allocation to pay background check processing and administration 
for child care providers. 
FEDERAL BLOCK GRANT FUND 
All Other 
FEDERAL BLOCK GRANT FUND TOTAL 
Division of Licensing and Regulatory Services Z036 
2017-18 
$0 
$0 
2018-19 
$124,786 
$124,786 
Initiative: Provides allocations for 2 Identification Specialist II positions to handle 
additional work from the increase in background checks. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Office of Child and Family Services - District 0452 
2017-18 
0.000 
$0 
$0 
$0 
2018-19 
2.000 
$121,078 
$17,033 
$138,111 
Initiative: Provides allocations for one Office Associate II Supervisor position to handle 
additional work from the increase in background checks. 
SENATE AMENDMENT 
'1'· 
SENATE AMENDMENT "Pr" to COMMITTEE AMENDMENT "D" to H.P. 207, L.D. 274 
OTHER SPECIAL REVENUE FUNDS 
2017-18 
POSITIONS - LEGISLATIVE COUNT 
0.000 
Personal Services 
$0 
All Other 
$0 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
2017-18 
OTHER SPECIAL REVENUE FUNDS 
$0 
FEDERAL BLOCK GRANT FUND 
$0 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
2018-19 
1.000 
$62,365 
$6,711 
--
$69,076 
2018-19 
$207,187 
$664,786 
$871,973 
Initiative: Provides funding for one Identification Specialist II position and related costs 
to process additional fingerprint checks. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
HIGHWAY FUND 
Personal Services 
All Other 
HIGHWAY FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
2017-18 
$0 
$0 
SENA TE AMENDMENT 
2018-19 
1.000 
$42,135 
$2,107 
$44,242 
2018-19 
$22,688 
$1,562 
$24,250 
2018-19 
$188,313 
$188,313 
' \' 
SENATE AMENDMENT" fr to COMMITTEE AMENDMENT "D" to H.P. 207, L.D. 274 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
2017-18 
2018-19 
GENERAL FUND 
$0 
$44,242 
HIGHWAY FUND 
$0 
$24,250 
OTHER SPECIAL REVENUE FUNDS 
$0 
$188,313 
-
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$256,805 
SECTION TOTALS 
2017-18 
2018-19 
GENERAL FUND 
$0 
$44,242 
HIGHWAY FUND 
$0 
$24,250 
OTHER SPECIAL REVENUE FUNDS 
$0 
$395,500 
FEDERAL BLOCK GRANT FUND 
$0 
$664,786 
SECTION TOTAL - ALL FUNDS 
$0 
$1,128,778 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment directs the Department of Health and Human Services to reimburse 
both for the background check fees and the cost of administrating and processing the 
checks through a transfer of payment by the department to the Department of Public 
Safety from the federal Child Care and Development Block Grant Act of 1990, as 
amended by the federal Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996, Public Law 104-193, 110 Stat. 2105. A transfer must be made pursuant to a 
schedule agreed upon by the Department of Health and Human Services and the 
Department of Public Safety, in consultation with the State Controller, and based on 
documentation of fees and processing and administration costs incurred. The amendment 
also corrects lettering problems created by Public Law 2017, chapters 204, 253 and 258, 
which enacted 3 substantively different provisions with the same paragraph letter, and 
makes technical changes. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY~~ 
(Senator HAMPER) 
COUNTY: Oxford 
SENATE AMENDMENT 
Approved: 06/20/18 .Wac 
LD274 
LR 332(10) 
An Act To Implement the Recommendations of the Working Group To Study Background Checks for 
Child Care Facilities and Providers 
Fiscal Note for Senate Amendment''/)\' to Committee Amendment "D" 
Sponsor: Sen. Hamper of Oxford 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/ Allocations 
General Fund 
Highway Fund 
Other Special Revenue Funds 
Federal Block Grant Fund 
Revenue 
Other Special Revenue Funds 
Federal Block Grant Fund 
Transfers 
General Fund 
Highway Fund 
Federal Block Grant Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
FY 2018-19 
($100,536) 
($24,250) 
($56,294) 
$0 
$56,294 
$124,786 
$69,076 
$124,786 
$44,242 
$24,250 
($68,492) 
Projections 
FY 2019-20 
($103,546) 
($24,942) 
($58,040) 
$0 
$58,040 
$128,488 
$71,219 
$128,488 
$45,506 
$24,942 
($70,448) 
Projections 
FY 2020-21 
($106,663) 
($25,655) 
($59,855) 
$59)S.:,.J 
$132,318 
$73,446 
$132,318 
$46,808 
$25,655 
($72,463) 
This amendment requires that the fees for and costs related to processing and administering the criminal background 
checks required for a child care staff member must be paid by the Department of Health and Human Services (DHHS) 
from the funds available under the federal Child Care and Development Block Grant (CCDBG) and further requires a 
transfer of payment by the DHHS to the Department of Public Safety (DPS) from the federal CCDBG must be made 
pursuant to a schedule agreed upon by the DHHS and the DPS in consultation with the State Controller and based on 
documentation of fees and costs. It is estimated that the DHHS will transfer a total of 68,492 to the DPS accounts to 
offset the costs incurred by the bill. 
Additionally, the amendment includes Other Special Revenue Funds allocations of $56,294 in fiscal year 2018-19 t'-
the DHHS to fund the one Office Associate II Supervisor position to handle additional work from the increase in 
background checks, utilizing CCDBG funds instead of General Fund dollars. The amendment also includes Federal 
Block Grant Fund allocations of $124,786 in fiscal year 2018-19 to fund both positions created within DPS and 
DHHS with CCDBG funds.