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_B_H534 (House)
Amends: 22 MRSA §8302-A, 22 MRSA §8302-B, 22 MRSA §8302-C, 25 MRSA §1542-A

COMMITTEE AMENDMENT ,£,, 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 bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §8302-A, sub-§1, 1G, as amended by PL 2001, c. 645, §7, is 
repealed. 
Sec. 2. 22 MRSA §8302-A, sub-§1, ,rJ, as enacted by PL 2015, c. 497, §2, is 
repealed and the following enacted in its place: 
J. Requiring a criminal background check pursuant to section 8302-C that meets the 
requirements of 42 United States Code, Section 9858f(b) for each child care staff 
member. For the purposes of this paragraph, "child care staff member" means an 
individual who: 
' ( 1) Is not related to all children for whom child care services are provided in a 
child care facility: 
(2) Has access to children who are cared for or supervised by a child care facility 
while they are being cared for or supervised by the child care facility: and 
(3) 
Is not under constant visual supervision of a person who has passed a 
criminal background check under this paragraph. 
Sec. 3. 22 MRSA §8302-A, sub-§2, ,rl, as amended by PL 2015, c. 497, §3, is 
further amended to read: 
I. Procedures for waivers of rules and for suspension and revocation of certification; 
and 
Sec. 4. 22 MRSA §8302-A, sub-§2, ,rJ, as amended by PL 2015, c. 497, §3, is 
repealed. 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·...E" to H.P. 207, L.D. 274 
Sec. 5. 22 MRSA §8302-A, sub-§2, 1-K, as enacted by PL 2015, c. 497, §3, is 
repealed and the following enacted in its place: 
K. Requiring a criminal background check pursuant to section 8302-C that meets the 
requirements of 42 United States Code, Section 9858f(b) for a family child care 
provider and each child care staff member. For the purposes of this paragraph, "child 
care staff member" means an individual who is 18 years of age or older and who 
resides in the home of a family child care provider, or an individual who: 
(1) Is not related to all children for whom child care services are provided by a 
family child care provider; 
(2) Has access to children cared for or supervised by a family child care provider 
while they are being cared for or supervised by the family child care provider; 
and 
(3) 
Is not under constant visual supervision of a person who has passed a 
criminal background check under this paragraph. 
Sec. 6. 22 MRSA §8302-A, sub-§3 is enacted to read: 
3. Payment for criminal background checks. Fees for the criminal background 
checks required for a child care staff member pursuant to subsection 1, paragraph J and 
subsection 2, paragraph K must be paid by the department 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. The fees for the criminal background checks reimbursed under this 
subsection may not exceed the actual costs for processing and administration. 
Sec. 7. 22 MRSA §8302-B, sub-§1, as enacted by PL 1997, c. 494, §11 and 
affected by§ 15, is repealed and the following enacted in its place: 
1. Investigation. A person who provides day care in that person's home for one or 2 
children whose care is paid for by state or federal funds must pass a criminal background 
check pursuant to section 8302-C that meets the requirements of 42 United States Code, 
Section 9858f(b). 
Sec. 8. 22 MRSA §8302-C is enacted to read: 
§8302-C. Investigation 
A child care provider and any child care staff member subject to a criminal 
background check pursuant to sections 8302-A and 8302-B must pass a background 
check conducted in accordance with this section and rules adopted by the department 
under section 8302-A. As used in this section, "child care provider" means a person who 
provides child care in a child care facility, a family child care provider and a person who 
provides day care in that person's home for one or 2 children whose care is paid for by 
state or federal funds. As used in this section, "child care staff member" has the same 
meaning as described in section 8302-A, subsection 1, paragraph J and subsection 2, 
paragraph K. 
1. Investigation. In accordance with the rules adopted by the department, the 
department shall request a criminal background check for a child care provider and child 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT:13 "to H.P. 207, L.D. 274 
care staff members of the child care provider. The criminal background check must 
include criminal history record information obtained from the Maine Criminal Justice 
Information System and the Federal Bureau of Investigation. The following provisions 
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A. The criminal history record information obtained from the Maine Criminal Justice 
Information System must include a record of public criminal history record 
information as defined in Title 16. section 703. subsection 8. 
B. The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
C. A person subject to a criminal background check under this section shall submit 
to having fingerprints taken. The State Police, upon payment of the fee. shall take or 
cause to be taken the person'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 State Police for purposes of this paragraph must be paid over 
to the Treasurer of State. 
The money must be applied to the expenses of 
administration incurred by the Department of Public Safety. 
D. The subject of a Federal Bureau of Investigation criminal history record check 
may obtain a copy of the criminal hist01y record check by following the procedures 
outlined in 28 Code of Federal Regulations. Sections 16.32 and 16.33. The subject of 
a state criminal history record check may inspect and review the criminal history 
record information pursuant to Title 16. section 709. 
E. 
State and federal criminal history record information may be used by the 
department for the purpose of screening a child care provider or child care staff 
member in accordance with this chapter. 
F. Information obtained pursuant to this subsection is confidential. The results of 
criminal background checks received by the department are for official use only and 
may not be disseminated to any other person or entity. 
G. If a person is no longer subject to this chapter that person may request in writing 
that the State Bureau of Identification remove the person's fingerprints from the 
bureau's fingerprint file. In response to a written request. the bureau shall remove the 
person's fingerprints from the fingerprint file and provide wl'itten confirmation of that 
removal. 
The department. with the State Bureau of Identification. shall adopt rules to implement 
this subsection. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 375. subchapter 2-A. 
2. Waiver. A child care provider required to pass a criminal background check or to 
have child care staff members pass a criminal background check pursuant to sections 
8302-A and 8302-B may request a temporary waiver from the department from the 
criminal background check requirements. The department may grant a waiver when this 
requirement presents a hardship for the child care provider for reasons that include but are 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT~" to H.P. 207, L.D. 274 
not limited to an inability to meet other licensing requirements because of medical 
reasons or because of a delay in processing the criminal background check. 
The 
department shall adopt routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A to implement the provisions of this subsection. The rules must minimize 
the impact of the temporary waiver on the safety of the children receiving child care 
services. 
Sec, 9. 25 MRSA §1542-A, sub-§1, ,r~ and L, as enacted by PL 2015, c. 300, 
Pt. B, §3, are amended to read: 
K. Who has applied for employment with the Department of Administrative and 
Financial Services, Bureau of Revenue Services, Office of Tax Policy and whose 
fingerprints have been required by the Associate Commissioner for Tax Policy 
pursuant to Title 36, section 194-B; el' 
L. Who is assigned to provide services to the Department of Administrative and 
Financial Services, Bureau of Revenue Services pursuant to a contract or subcontract 
for services to the bureau and whose fingerprints have been required by the State Tax 
Assessor pursuant to Title 36, section 194-C.~ 
Sec. 10. 25 MRSA §1542-A, sub-§1, ,rM is enacted to read: 
M. Who is required to have a criminal background check under Title 22, section 
8302-A or 8302-B. 
Sec. 11. 25 MRSA §1542-A, sub-§3, ,rL is enacted to read: 
L. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph M at the request of that person or the Department 
of Health and Human Services under Title 22, section 8302-A or 8302-B. 
Sec. 12. 25 MRSA §1542-A, sub-§4, as amended by PL 2015, c. 300, Pt. B, §5, 
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, 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 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. 
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 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMEN~" to H.P. 207, L.D. 274 
checks for the Department of Administrative and Financial Services, Bu'reau of Revenue 
Services. Fingerprints taken pursuant to subsection 1. paragraph M 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 Health and Human 
Services. 
Sec. 13. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DRS) 
Child Care Services 0563 
Initiative: Provides allocations to pay background check fees for child care providers. 
FEDERAL BLOCK GRANT FUND 
All Other 
FEDERAL BLOCK GRANT FUND TOT AL 
Division of Licensing and Regulatory Services Z036 
2017-18 
$540,000 
$540,000 
2018-19 
$216,000 
$216,000 
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 
2018-19 
2.000 
2.000 
$121,078 
$124,394 
$17,033 
$17,144 
$138,111 
$141,538 
Initiative: Provides appropriations and allocations for one Office Associate II Supervisor 
position to handle additional work from the increase in background checks. 
GENERAL FUND 
2017-18 
2018-19 
POSITIONS - LEGISLATIVE COUNT 
1.000 
1.000 
Personal Services 
$51,139 
$52,885 
All Other 
$5,155 
$5,155 
GENERAL FUND TOTAL 
$56,294 
$58,040 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT J» to H.P. 207, L.D. 274 
OTHER SPECIAL REVENUE FUNDS 
2017-18 
2018-19 
Personal Services 
$11,226 
$11,609 
All Other 
$1,543 
$1,556 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$12,769 
$13,165 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
2017-18 
2018-19 
GENERAL FUND 
$56,294 
$58,040 
OTHER SPECIAL REVENUE FUNDS 
$150,880 
$154,703 
FEDERAL BLOCK GRANT FUND 
$540,000 
$216,000 
DEPARTMENT TOTAL-ALL FUNDS 
$747,174 
$428,743 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
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 
1.000 
$40,908 
$2,107 
$43,015 
2017-18 
$22,027 
$1,550 
$23,577 
2017-18 
$188,313 
$188,313 
COMMITTEE AMENDMENT 
2018-19 
1.000 
$42,135 
$2,107 
$44,242 
2018-19 
$22,688 
$1,562 
$24,250 
2018-19 
$75,325 
$75,325 
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COMMITTEE AM.ENDMEN'Cb" to H.P. 207, L.D. 274 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
HIGHWAY FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL· ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
HIGHWAY FUND 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
SECTION TOTAL· ALL FUNDS 
SUMMARY 
2017-18 
$43,015 
$23,577 
$188,313 
$254,905 
2017-18 
$99,309 
$23,577 
$339,193 
$540,000 
$1,002,079 
2018-19 
$44,242 
$24,250 
$75,325 
$143,817 
2018-19 
$102,282 
$24,250 
$230,028 
$216,000 
$572,560 
This amendment, which is one of 2 minority reports of the committee, provides that 
an individual who is not supervised by a child care staff member of a family child care 
provider or child care facility who has passed the required criminal background check 
under the Maine Revised Statutes, Title 22, sections 8302-A and 8302-B and who has 
access to children who are cared for or supervised by a child care facility or family child 
care provider is required to pass a criminal background check pursuant to 42 United 
States Code, Section 9858f(b). It also provides that a person who provides day care in 
that person's home for one or 2 children whose care is paid for by state or federal funds is 
required to pass a criminal background check pursuant to 42 United States Code, Section 
9858f(b). It provides that the cost of the required criminal background checks under Title 
22, sections 8302-A and 8302-B be paid for by the Department of Health and Human 
Services 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. It grants the Department of Health and 
Human Services the authority to request state and national criminal history information, 
including fingerprint-based criminal history information, for certain child care providers 
and staff members. It establishes a temporary waiver process when the background check 
requirement presents a hardship for the child care provider. The rules adopted by the 
7 
department must minimize the impact of the temporary waiver on the safety of the 
children receiving child care services. 
This amendment adds an appropriations and 
allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/12/17 fo?ae 
LD274 
LR 332(02) 
An Act To Implement the Recommendations of the Working Group To Study Background Checks for 
Child Care Facilities and Providers 
Fiscal Note for Bill as Amended by Committee Amendment i}3 
Committee: Health and Human Services 
(H-s:1±) 
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 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
$99,309 
$23,577 
$99,309 
$23,577 
$339, 193 
$540,000 
$540,000 
$540,000 
FY 2018-19 
$102,282 
$24,250 
$102,282 
$24,250 
$230,028 
$216,000 
$216,000 
$216,000 
Projections 
FY 2019-20 
$105,361 
$24,942 
$105,361 
$24,942 
$233,972 
$216,000 
$216,000 
$216,000 
Projections 
FY 2020-21 
$108,570 
$25,655 
$108,570 
$25,655 
$238,169 
$216,000 
$216,000 
$216,000 
This fiscal note assumes 5000 background checks the 1st year, 2000 annually after that. These checks include 
fingerprint checks by the Department of Public Safety (DPS) and information searches by the Maine Background 
Check Center at the Department of Health and Human Services (DHHS). 
The bill includes General Fund appropriations of $43,015 in fiscal year 2017- 18 and $44,242 in fiscal year 2018-19 
and Highway Fund allocations of $23,577 in fiscal year 2017-18 and $24,250 in fiscal year 2018-19 to the DPS for 
one Identification Specialist II position and related costs to process additional fingerprint checks. It also includes 
Other Special Revenue Funds (OSRF) allocations of $188,313 in fiscal year 2017-18 and $75,325 in fiscal year 2018-
19. OSRF revenue will increase by $260,000 in fiscal year 2017 · 18 and $104,000 in fiscal year 2018-19 from fees 
received at DPS for fingerprint checks. 
LR0332(02) • Fiscal Note· Page 1 of2 
tl3lf/-53;) 
The bill also includes General Fund appropriations of $56,294 in fiscal year 2017-18 and $58,040 in fiscal year 2018-
and OSRF allocations of $12, 7 69 in fiscal year 2017-18 and $13, 165 in fiscal year 2018-19 to the DHHS for one 
Office Associate II Supervisor position to handle additional work from the increase in background checks. It also 
includes OSRF allocations of $138, 111 in fiscal year 2017-18 and $141,538 in fiscal year 2018-19 for 2 Identification 
Specialist II positions to handle additional work from the increase in background checks. OSRF revenue will increase 
by $280,000 in fiscal year 2017-18 and $112,000 in fiscal year 2018-19 for the Maine Background Check Center fees. 
Additionally, the Federal Block Grant Fund allocations and revenue will increase to cover the costs of all fees for 
background checks provided by both the DPS and the DHHS. 
LR0332(02) • Fiscal Note· Page 2 of2