An Act To hnplement 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_H686 (House)
Amends: 22 MRSA §8302-A, 22 MRSA §8302-B, 22 MRSA §8302-C, 25 MRSA §1542-A

COMMITTEE AMENDMENT "b " to H.P. 207, L.D. 274, Bill, "An Act To 
hnplement 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, ,rG, 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repealed.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repealed and the following enacted in its place: 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 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 staffmember
means an individual: 
(1) Who is employed by a child care facility for compensation, including a 
contract employee or self-employed individual: or 
(2) Whose activities involve the care or supervision of children for a child care 
facility or unsupervised access to children who are cared for or supervised by a 
child care facility. 
"Child care staff member" does not include an individual who is related to all 
children for whom child care services are provided or a contractor performing 
maintenance and repairs at the child care facility who ·does not have unsupervised 
access to children who are cared for or supervised by the child care facility. 
Sec. 3. 22 MRSA §8302-A, sub-§2, ,ri, 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "b" to H.P. 207, L.D. 274 
Sec. 4. 22 MRSA §8302-A, sub-§2, ,rJ, as amended by PL 2015, c. 497, §3, is 
repealed. 
Sec. 5. 22 MRSA §8302-A, sub-§2, ,rK, as enacted by PL 2015, c. 497, §3, is 
repealed and the following enacted in its place: 
K. Requiring a criminal background check 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 pui:poses of this paragraph. "child care staff member" means 
an individual: 
· 
(1) Who is employed by a family child care provider for compensation, including 
a contract employee or self-employed individual: 
(2) Whose activities involve the care or supervision of children for a family child 
care provider or unsupervised access to children who are cared for or supervised 
by a family child care provider: or 
(3) Who is 18 years of age or older and who resides in the home of a family child 
care provider. 
"Child care staff member" does not include an individual who is related to all 
children for whom child care services are provided or a contractor performing 
maintenance and repairs at the home of a family child care provider who does not 
have unsupervised access to children who are cared for or supervised by the family 
child care provider. 
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 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 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 and a child care staff member. as 
defined in section 8302-A. subsection 2, paragraph K. of the person 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-B, sub-§1-A is enacted to read: 
1-A. Payment for criminal background checks. Fees for the 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ".D" to H.P. 207, L.D. 274 
for the criminal background checks reimbursed under this subsection may not exceed the 
actual costs for processing and administration. 
Sec. 9. 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, 
11child care staff member" has the same 
meaning as described in section 8302-A, subsection 1, paragraph J and section 8302-A, 
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 
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 fmgerprints 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 history 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,i) "to H.P. 207, L.D. 274 
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 fmgerprint file and provide written 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 
defmed in Title 5, chapter 375, subchapter 2-A. 
Sec. 10. 25 MRSA §1542-A, sub-§1, ,ii,, as amended by PL 2017, c. 204, §3; c. 
253, §1; and c. 258, Pt. B, §1, is further amended to read: 
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; el' 
Sec. 11. 25 MRSA §1542-A, sub-§1, ~' as enacted by PL 2017, c. 204, §4; c. 
253, §2; and c. 258, Pt. B, §2, is repealed and the following enacted in its place: 
M. Who has applied for a guide license under Title 12, section 12853: 
Sec. 12. 25 MRSA §1542-A, sub-§1, ,rN, as enacted by PL 2017, c. 253, §2, is 
amended to read: 
N. Who is licensed under Title 32, chapter 48 and has applied for an expedited 
license under Title 32, section 18506,l 
Sec, 13. 25 MRSA §1542-A, sub-§1, ,r,ro to Qare enacted to read: 
0. Who is licensed under Title 32, chapter 36 and has applied for an expedited 
license under Title 32. section 18506: 
P. Who is an applicant for licensure with the State Board of Nursing as required 
under Title 3 2. section 2111. subsection 1: or 
O. Who is required to have a criminal background check under Title 22. section 
8302-A or 8302-B. 
Sec. 14. 25 MRSA §1542-A, sub-§3, ,ii,, as enacted by PL 2017, c. 204, §5; c. 
253, §3; and c. 258, Pt. B, §3, is repealed and the following enacted in its place: 
L. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph Mat the request of that person and upon payment 
of the expenses by that person as required by Title 12. section 12853. subsection 4-A, 
paragraph B. 
Sec. 15. 25 MRSA §1542-A, sub-§3, ,r,rN to P are enacted to read: 
COMMITTEE AMENDMENT 
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CO:M:MITTEEAMENDMENT .{)" to H.P. 207, L.D. 274 
N. 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 
of the expenses by that person as required by Title 32, section 2571-A. 
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 
by the person of the fee established in Title 32, section 2111, subsection 1. 
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 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 amended by PL 2017, c. 253, §4 and c. 
258, Pt. B, §4, is repealed and the following enacted in its place: 
4. Duty to submit to State Bureau of Identification. It is the duty of the law 
enfol'cement agency taking the fingerprints as l'eguired 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 
checks for the Department of Administrative and Financial Services, Bureau of Revenue 
Services. 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 for the Board of Osteopathic Licensure, 
established in Title 32, chapter 36. Fingerprints taken pursuant to subsection 1. paragraph 
N 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 
Licensure in Medicine. established in Title 32. chapter 48. Fingerprints taken pursuant to 
subsection 1. paragraph P 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 for the Department of Health and Human Services. 
Sec. 17. Appropriations and allocations. The following appropriations and 
allocations are made. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ".D" to H.P. 207, L.D. 274 
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 
Division of Licensing and Regulatory Services Z036 
2017-18 
$0 
$0 
2018-19 
$540,000 
$540,000 
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 
0.000 
$0 
$0 
$0 
2018-19 
2.000 
$121,078 
$17,033 
$138,111 
Initiative: Provides appropriations and allocations for one Office Associate II Supervisor 
position to handle additional work from the increase in background checks. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
1.000 
$51,139 
$5,155 
$56,294 
2018-19 
$11,226 
$1,556 
$12,782 
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COMMITTEE AMENDMENT ,1) "to H.P. 207, L.D. 274 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
DEPARTMENT TOTAL-ALL FUNDS 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
2017-18 
$0 
$0 
$0 
$0 
2018-19 
$56,294 
$150,893 
$540,000 
$747,187 
Initiative: Provides funding for one Identification Specialist II position and related costs 
to process additional fingerprint checks. 
GENERAL FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
HIGHWAY FUND 
Personal Services 
All Other 
HIGHWAY FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHERSPECIALREVENUEFUNDSTOTAL 
PUBLIC SAFETY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
IDGHWAYFUND 
OTHER SPECIAL REVENUE FUNDS 
2017-18 
0.000 
$0 
$0 
$0 
2017-18 
$0 
$0 
$0 
2017-18 
$0 
$0 
2017-18 
$0 
$0 
$0 
COMMITTEE 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 
2018-19 
$44,242 
$24,250 
$188,313 
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COMMITTEE AMENDMENT j) "to H.P. 207, L.D. 274 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
IDGHWAYFUND 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
$0 
2017-18 
$0 
$0 
$0 
$0 
$0 
$256,805 
2018-19 
$100,536 
$24,250 
$339,206 
$540,000 
$1,003,992 
This amendment strikes and replaces the bill. 
It excludes from the criminal 
background check requirement in the bill a contractor performing maintenance and repair 
at a child care facility or at the home of a child care provider who does not have 
unsupervised access to children. It provides that the cost of the required criminal 
background checks for child care staff members under the Maine Revised Statutes, Title 
22, sections 8302-A and 8302-B be paid for by the Department of Health and Human 
Services 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. It grants 
the Department of Health and Human Services the authority to request state and national 
criminal history records, including fingerprint-based criminal history records, for certain 
child care providers and staff members. 
The amendment corrects lettering and numbering problems created by Public Law 
2017, chapters 204, 253 and 258. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/09/18 frac 
LD274 
LR 332(08) 
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)• ( r\ · 6~~ 
Committee: Health and Human Services 
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 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
FY 2018-19 
$100,536 
$24,250 
$100,536 
$24,250 
$339,206 
$540,000 
$540,000 
$540,000 
Projections 
FY 2019-20 
$103,546 
$24,942 
$103,546 
$24,942 
$230,042 
$216,000 
$216,000 
$216,000 
Projections 
FY 2020-21 
$106,663 
$25,655 
$106,663 
$25,655 
$233,986 
$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 infonnation searches by the Maine Background 
Check Center at the Department of Health and Human Services (DHHS). 
The bill includes a General Fund appropriation of $44,242 in fiscal year 2018-19 and a Highway Fund allocation 
$24,250 in fiscal year 2018-19 and an Other Special Revenue Funds (OSRF) allocation of $188,313 in fiscal year 
2018-19 to the DPS for one Identification Specialist II position and related costs to process additional fing.erprint 
checks. OSRF revenue will increase by $260,000 in fiscal year 2018-19 from fees received at DPS for fingerprint 
checks. 
The bill also includes General Fund appropriations of $56,294 in fiscal year 2018-19 and OSRF allocations of 
$12,782 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 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 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(08) - Fiscal Note - Page I of 1