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_C_H535 (House)
Amends: 22 MRSA §7702-A, 22 MRSA §8302-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: 
1Sec. 1. 22 MRSA §7702-A, sub-§3, 1C, as amended by PL 2015, c. 497, §1, is 
futiher amended to read: 
C. Section 8302-A, subsection 1, paragraphs B to J ! and subsection 2, paragraphs A 
to F and H to K: J.. 
Sec. 2. 22 MRSA §8302-A, sub-§1, as amended by PL 2015, c. 497, §2, is 
further amended to read: 
1. Rules for child care facilities. Rules for child care facilities must include, but are 
not limited to, rules pertaining to the following: 
A. Child to staff ratios; 
B. 
The health and safety of the children and staff, including training on 
communicable diseases; 
C. Water for drinking and cooking; 
D. Wastewater; 
E. Rabies vaccinations for pets; 
F. The quality of the program provided; 
G. The age, criminal record and personal history of the provider of care for children 
and staff members; 
H. The administration of medication; and 
I. Licensing procedures;--tmd.,_ 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "8 to H.P. 207, L.D. 274 
J. Requiring a criminal background chock for: 
(1) Each child care staff member vl'hoso activities involve tho care or supervision 
of children; and 
(2) Each adult who has unsupervised access to children who are oared for or 
suporlised by a child care facility. 
Tho criminal background chock must moot tho requirements of 4 2 United States 
Godo, Section 9858f(b). 
Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, 
chapter 375, subchapter 2-A, except that rules adopted pursuant to paragmph J to comply 
with 42 United States Godo, Section 9858f(b) are major substantive rules pursuant to 
Title 5, chapter 375, subohaptor 2 A. 
Sec. 3, 22 MRSA §8302-A, sub-§2, as amended by PL 2015, c. 497, §3, is 
further amended to read: 
2. Rules for family child care providers. Rules for family child care providers 
must include, and are limited to, rules pertaining to the following: 
A. Cardiopulmonary resuscitation; 
B. Water for drinking and cooking; 
C. Wastewater; 
D. Rabies vaccinations for pets; 
E. Recording the times, reasons and numbers of children involved when more than 
children are cared for; 
F. Ongoing training for providers on health and safety issues, including training on 
communicable diseases. This training must be offered at times that are convenient to 
the providers; 
G. Child to staff ratios; 
H. Health and safety of the children and staff; 
I. Procedures for waivers of rules and for suspension and revocation of certification; 
and 
J. The age, criminal record and personal history of the family child care provider, 
staff and members of the householdt-and~ 
K. Requiring a criminal baokgrnund chock for: 
2 
( 1) Tho family child care provider; 
(2) Bach ohild oaro staff member whoso activities involve tho care ot' supervision 
of children; and 
(3) Bach adult who has unsupervised aoooss to children v,ho are oared for or 
supervised by tho family child care provider. 
COMMITTEE AMENDMENT 
~·" 
COMMITTEE AMENDMENT 'G' to H.P. 207, L.D. 274 
The criminal background cheek must meet the requirements of 4 2 United States 
Code, Section 9858f(b). 
Rules adopted pursuant to paragraphs A to F are routine technical rules pursuant to Title 
5, chapter 375, subchapter 2-A and rules adopted pursuant to paragraphs G to KI are 
major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 4. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Division of Licensing and Regulatory Services Z036 
Initiative: Deallocation for savings achieved by reduction in the number of background 
checks. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2017-18 
($17,000) 
($17,000) 
2018-19 
($10,000) 
($10,000) 
This amendment, which is one of 2 minority reports of the committee, removes the 
requirement that a family child care provider, the staff of a family child care provider or 
child care facility or other adult who has unsupervised access to children who are cared 
for or supervised by the family child care provider or child care facility undergo a 
criminal background check that meets the requirements of 42 United States Code, Section 
9858f(b ). This amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/12/17 frac:.. 
LD274 
LR332(04) 
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'~ (f+-5 3 5) 
Committee: Health and Human Services 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
($17,000) 
($10,000) 
($45,000) 
($27,000) 
Projections 
FY 2019-20 
($10,000) 
($27,000) 
Projections 
FY 2020-21 
($10,000) 
($27,000) 
The Department of Health and Human Services will require Other Special Revenue Funds deallocations of $17,000 in 
fiscal year 2017-18 and $10,000 in fiscal year 2018-19 for savings achieved by reduction in the number of background 
checks. Other Special Revenue Funds revenue will also be reduced from fewer background checks by $45,000 in 
fiscal year 2017-18 and $27 ,000 in fiscal year 2018-19. 
The Department of Public Safety will incur minor General Fund and Highway Fund savings from not having to 
process these background checks. General Fund revenue will decrease by a minor amount from not receiving revenue 
from background check fees. 
LR0332(04) - Fiscal Note - Page 1 of 1