An Act To Prohibit Any Questions Regarding Criminal History on State Employment Applications
Maine Legislature, Session 128, LD 0288
Committee Amendment CA_A_H242 (House)
Amends: 5 MRSA §792

COMMITTEE AMENDMENT "A" to H.P. 221, L.D. 288, Bill, "An Act To 
Prohibit Any Questions Regarding Criminal History on State Employment Applications" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Limit Questions Regarding Criminal History on State Employment 
Applications' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §792 is enacted to read: 
§792. Application forms for employment 
An application form for employment for a position in State Government may not 
include any questions regarding an applicant's criminal hist01y except when, due to the 
nature and requirements of the position. a person who has a criminal hist01y record may 
be disqualified from eligibility for the position. For purposes of this section. "position in 
State Government" means a position in the legislative, executive or judicial branch of 
State Government or a position with a quasi-independent state entity or public 
instrumentality of the State. "Position in State Govemment" does not include a position in 
a school administrative unit, municipality, county or other political subdivision of the 
State. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Information Services 0155 
Initiative: Provides a one-time General Fund appropriation of $108,568 for required 
computer modifications. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·f1" to H.P. 221, L.D. 288 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2017-18 
$108,568 
$108,568 
2018-19 
$0 
$0 
The amendment replaces the bill. Like the bill, the amendment prohibits the State 
from including questions about criminal history on its employment application forms. 
The amendment provides an exception to that prohibition when, due to the nature and 
requirements of the position, a person who has a criminal history record may be 
disqualified from eligibility, such as for a law enforcement officer, corrections officer, 
child protective and adult protective services caseworker or child development services 
worker. 
The amendment applies to state employment positions in the legislative, 
executive or judicial branches of State Government and positions with quasi-independent 
state entities or public instrumentalities of the State; it does not apply to positions in 
school administrative units, municipalities, counties or other political subdivisions of the 
State. 
This amendment also provides funding to the Depmtment of Administrative and 
Financial Services for computer modifications made necessary by the amendment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/13/17 7//ac 
LD288 
LR 537(02) 
An Act To Prohibit Any Questions Regarding Criminal History on State Employment Applications 
Fiscal Note for Bill as Amended by Committee Amendment fr ( rJ ,JL/ a) 
Committee: State and Local Government 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$108,568 
$0 
$108,568 
$0 
Projections 
FY 2019-20 
$0 
$0 
Projections 
FY 2020-21 
$0 
$0 
This bill includes a one-time General Fund appropriation of $108,568 in fiscal year 2017-18 for the Department of 
Administrative and Financial Services for required computer modifications. 
LR0537(02) - Fiscal Note - Page 1 of 1