An Act To Require Criminal History Record Checks for All Prospective and Current Staff Members of the Office of the State Auditor
Maine Legislature, Session 129, LD 1340
Committee Amendment CA_A_H420 (House)
Amends: 25 MRSA §1542-A

COMMITTEE AMENDMENT "4' to H.P. 968, L.D. 1340, Bill, "An Act To 
Require Criminal History Record Checks for All Prospective and Current Staff Members 
of the Office of the State Auditor" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the work of the Office of the State Auditor requires that its employees 
have access to federal tax information and other confidential financial records; and 
Whereas, the United States Internal Revenue Service requires state agencies that 
permit employees and contractors access to federal tax information must complete a 
criminal history background investigation that is favorably adjudicated; and 
Whereas, this background investigation must include submission of fingerprints to 
· the United States Department of Justice, Federal Bureau of Investigation; and 
Whereas, the work of the Office of the State Auditor will be delayed until such time 
as its employees have completed the required criminal history background investigation; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill in section 1 in §247 in subsection 1 in paragraph A in the first line 
(page 1, line 6 in L.D.) by inserting after the following: 
11Safety
the following: 1
State 
Bureau ofldentification' 
Amend the bill in section 1 in §247 by striking out all of subsections 2 and 3 (page 1, 
lines 11 to 33 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
f:\. ct I. 
COMMITTEE AMENDMENT/(" to H.P. 968, L.D. 1340 
12. Criminal history; information about criminal records and data obtained. 
The office shall obtain in print or electronic format. criminal history record information 
containing a record of public criminal history record information as defined in Title 16, 
section 703, subsection 8 from the Maine Criminal Justice Information System, created 
pursuant to Title 16. section 631, and the Federal Bureau oflnvestigation for any person 
employed by or who may be offered employment by the office to comply with the United 
States Internal Revenue Service's tax information security guidelines for federal, state and 
local agencies. 
· 
3. Fingerprint-based criminal history obtained, A person employed by the office 
shall consent to having the person's fingerprints taken. A person who may be offered 
employment by the office shall consent to and have the person's fingerprints taken prior 
to being employed by the office. The Maine State Police shall take or cause to be taken 
the fingerprints of a person who has consented under this subsection and shall forward the 
fingerprints to the department so that the department may conduct a state and national 
criminal history record check on the person. The department shall forward the results 
obtained to the office. The fee charged to the office by the Maine State Police must be 
consistent with the fee charged to executive branch agencies receiving similar services. 
Except for the portion of the payment that constitutes the processing fee charged by the 
Federal Bureau of Investigation. all money received by the Maine State Police under this 
subsection must be paid to the Treasurer of State. who shall apply the money to the 
expenses of administration of this section by the department. 1 
Amend the bill by adding after section 1 the following: 
'Sec. 2. 25 MRSA §1542-A, sub-§1, V, as enacted by PL 2017, c. 452, §25, is 
reallocated to 25 MRSA §1542-A, sub-§1, ,rs. 
Sec. 3. 25 MRSA §1542-A, sub-§1, ,r,rQ and R, as enacted by PL 2017, c. 457, 
§ 13, are amended to read: 
Q. Who is an applicant for licensure with the State Board of Nursing as required 
under Title 32, section 2111, subsection 1; ef 
R. Who is required to have a criminal background check under Title 22, section 
8302-A or 8302-B.,;_m: 
Sec. 4. 25 MRSA §1542-A, sub-§1, ,fT is enacted to read: 
T. 
Who is employed or may be offered employment by the Office of the State 
Auditor as required under Title 5, section 247. 
Sec. 5. 25 MRSA §1542-A, sub-§3, ,ro, as enacted by PL 2017, c. 452, §26, is 
repealed. 
Sec. 6. 25 MRSA §1542-A, sub-§3, ~ 
is enacted to read: 
R. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph S at the request of that person or the Department of 
Administrative and Financial Services under Title 22, section 2425-A. subsection 
3-A. 
Sec. 7. 25 MRSA §1542-A, sub-§3, ,rs is enacted to read: 
COMMITTEE AMENDMENT 
• 
COMMITTEE AMENDMENT ,ff,, to H.P. 968, L.D. 1340 
S. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph T at the request of that person or the Office of the 
State Auditor and upon payment by the Office of the State Auditor of the fee 
established in Title 5, section 24 7, subsection 3. 
Sec. 8. 25 MRSA §1542-A, sub-§4, as amended by PL 2017, c. 452, §27 and c. 
457, § 16, 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 
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, L or S 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. 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 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 
Q 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 under Title 
28-B, section 204. Fingerprints taken pursuant to subsection 1. paragraph R must be 
transmitted immediately to the State Bureau of Identification to enable the bureau to 
conduct state and national criminal histo1y record checks for the Department of Health 
and Human Services. Fingerprints taken pursuant to subsection 1. paragraph T 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 Office of the State 
Auditor. 
Sec. 8. Appropriations and allocations. The following appropriations and 
allocations are made. 
COMMITTEE AMENDMENT 
rt el!. 
COMMITTEE AMENDMENT ·ff" to H.P. 968, L.D. 1340 
AUDITOR, OFFICE OF THE STATE 
Audit Bureau 0067 
Initiative: Provides funding for employee fingerprint-based background checks required 
by the United States Internal Revenue Service. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2019-20 
$784 
$784 
2019-20 
$1,216 
$1,216 
2020-21 
$118 
$118 
2020-21 
$182 
$182 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds an emergency preamble to ensure the Office of the State 
Auditor may immediately meet the fingerprint background check requirements set in 
federal regulation. This amendment makes several minor changes to section 1 to bring 
this law into conformity with similar criminal background check laws in Maine statute. 
The amendment authorizes the State Bureau of Identification to obtain fingerprints and 
conduct state and national criminal history record checks for the Office of the State 
Auditor. This amendment removes conflicts in the Maine Revised Statutes, Title 25, 
section 1542-A, subsection 4. The amendment also resolves lettering conflicts in the 
statutes regarding the taking of fmgerprints by the State Bureau of Identification created 
when 2 public laws enacted substantively different provisions with the same paragraph 
designations. The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/17/19 frae.. 
LD 1340 
LR2250(02) 
An Act To Require Criminal History Record Checks for All Prospective and Current Staff Members 
of the Office of the State Auditor 
Fiscal Note for Bill as Amended by Committee Amendment f}, {If L/),o) 
Committee: State and Local Government 
Net Cost (Savings) 
General Fund 
I Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
$784 
$784 
$1,216 
FY2020-21 
$118 
$118 
$182 
Projections 
FY2021-22 
$118 
$118 
$182 
Projections 
FY2022-23 
$118 
$118 
$182 
This bill requires all employees of the Office of the State Auditor (OSA) to consent to having their fingerprints taken 
for criminal background checks conducted by the Department of Public Safety. Assuming an .average cost per 
employee of $50, OSA estimates it will cost about $2,000 to process all current employees and $3 00 annually for new 
employees based on existing turnover. Accordingly, the bill includes General Fund appropriations of $748 in fiscal 
year 2019-20 and $118 in fiscal year 2020-21 and Other Special Revenue Funds allocations of $1,216 in fiscal year 
2019-20 and $182 in fiscal year2020-21. 
Additional costs to the Depattment of Public Safety associated with performing background checks can be absorbed 
within existing budgeted resources. Other Special Revenue Funds revenue will be increased by minor amounts not 
requiring any change to the budget. 
LR2250(02) - Fiscal Note - Page 1 of 1