An Act Relating to Fair Chance in Employment”
Maine Legislature, Session 129, LD 2087
Committee Amendment CA_A_H796 (House)
Amends: 26 MRSA §600-A, 26 MRSA §626-A

COMMITTEE AMENDMENT “      ” to H.P. 1488, L.D. 2087, Bill, “An Act 
Relating to Fair Chance in Employment”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  26 MRSA §600-A is enacted to read:
§600-A.  Criminal history record information; employment application
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Criminal history record information" has the same meaning as in Title 16, 
section 703, subsection 3.
B.  "Employer" means a person in this State who employs individuals.  "Employer" 
includes municipalities and political subdivisions of the State, but does not include an 
employer of an individual who holds 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.  "Employer" includes a person acting in 
the interest of an employer directly or indirectly.
2.  Initial employee application form.  Except as provided in subsection 3, an 
employer may not:
A.  Request criminal history record information on the employer's initial employee 
application form; or
B.  State on an initial employee application form or advertisement or specify prior to 
determining a person is otherwise qualified for the position that a person with a 
criminal history may not apply or will not be considered for a position.
An employer may inquire about a prospective employee's criminal history record 
information during an interview or once the prospective employee has been determined 
otherwise qualified for the position.
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1488, L.D. 2087
COMMITTEE AMENDMENT
3.  Exceptions for initial employee application form.  An employer may inquire 
about criminal convictions on an initial employee application form or state on an initial 
employee application form or advertisement or otherwise assert that a person with a 
criminal history may not apply or will not be considered for a position if:
A.  The position is one for which a federal or state law or regulation or rule creates a 
mandatory or presumptive disqualification based on a conviction for one or more 
types of criminal offenses, and the questions on the initial employee application form 
are limited to the types of criminal offenses creating the disqualification;
B.  The employer is subject to an obligation imposed by a federal or state law or 
regulation or rule not to employ in a position a person who has been convicted of one 
or more types of criminal offenses, and the questions on the initial employee 
application form are limited to the types of criminal offenses creating the obligation; 
or
C.  The employer is required by federal or state law or regulation or rule to conduct a 
criminal history record check for the position for which the prospective employee is 
applying.
4.  Penalty.  This section must be enforced pursuant to section 626-A. 
Sec. 2.  26 MRSA §626-A, first ¶, as amended by PL 2019, c. 35, §2, is further 
amended to read:
Whoever violates any of the provisions of section 600-A, sections 621-A to 623 or 
section 626, 628, 628-A, 629 or 629-B is subject to a forfeiture of not less than $100 nor 
more than $500 for each violation.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
Like the bill, the amendment prohibits an employer from requesting criminal history 
record information on an initial employee application form or stating on an initial 
employee application form or advertisement or specifying prior to determining a person is 
otherwise qualified for the position that a person with a criminal history may not apply or 
will not be considered for a position.
The amendment provides exceptions to those prohibitions, including instances in 
which federal or state law or regulation or rule mandates for a position that a criminal 
conviction disqualifies an applicant, or imposes an obligation on an employer not to hire 
an applicant who has been convicted of a certain type of offense, or requires that an 
employer conduct a criminal history record check.
An employer who violates this prohibition is subject to a penalty of not less than 
$100 nor more than $500 for each violation, to be enforced by the Department of Labor. 
FISCAL NOTE REQUIRED
(See attached)
Approved: 07/17/20
LD 2087
LR 2603(02)
Fiscal Detail and Notes
Additional costs to the Bureau of Labor Standards within the Department of Labor to enforce the requirements of this 
legislation can be absorbed within existing budgeted resources.  Additional revenue from fines assessed on employers 
that violate the prohibition established in this bill is expected to be minor and will accrue to the General Fund.
Minor cost increase - General Fund
Minor revenue increase - General Fund
An Act Relating to Fair Chance in Employment
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Labor and Housing
Fiscal Note Required: Yes
Fiscal Note
LR2603(02) - Fiscal Note - Page 1 of 1