An Act To Ensure Compliance with Federal Requirements for Background Checks of Certain Department of Health and Human Services Employees
Maine Legislature, Session 129, LD 1801
Committee: Health and Human Services
Sponsors: HYMANSON
Amends: 25 MRSA §1542-A

Legislative Document
No. 1801
H.P. 1282
House of Representatives, May 30, 2019
An Act To Ensure Compliance with Federal Requirements for 
Background Checks of Certain Department of Health and Human 
Services Employees
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HYMANSON of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §§2111 to 2113 are enacted to read:
§2111.  Criminal history record information of employees and applicants for 
employment
1.  Criminal history record information obtained from the Federal Bureau of 
Investigation.  The department shall obtain national criminal history record information 
from the Federal Bureau of Investigation for any individual not employed with the 
department who has applied for and may be offered employment requiring access to 
federal tax information. For employees employed with the department on the effective 
date of this section who did not undergo a criminal history background check prior to 
their employment and whose employment requires access to federal tax information, the 
department shall obtain national criminal history record information from the Federal 
Bureau of Investigation for each employee within one year after the effective date of this 
section.
2.  Fingerprinting.  An individual not employed with the department applying for 
employment with the department that requires access to federal tax information must 
consent to having fingerprints taken for use in accordance with this section before the 
individual may be employed by the department. Employees of the department whose 
employment requires access to federal tax information must consent to having 
fingerprints taken for use in accordance with this section upon request by the department. 
The State Police shall take or cause to be taken the applicant's fingerprints and shall 
forward the fingerprints to the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification so that the State Bureau of Identification can conduct state and 
national criminal history record checks for the department. The State Police may charge 
the department for the expenses incurred in processing state and national criminal history 
record checks. The full fee charged under this subsection must be deposited in a 
dedicated revenue account for the State Bureau of Identification with the purpose of 
paying costs associated with the maintenance and replacement of the criminal history 
record systems.
3.  Confidentiality.  All information obtained by the department pursuant to this 
section is confidential and is not a public record pursuant to Title 1, chapter 13.
4.  Access to criminal history record information.  The department shall provide an 
applicant or employee of the department with access to information obtained pursuant to 
this section, if requested, by providing a paper copy of the criminal history record 
information directly to the applicant or employee, but only after the department confirms 
that the applicant or employee is the subject of the record. The department shall publish 
guidance on requesting such information from the Federal Bureau of Investigation.
5.  Reinvestigation.  The department shall conduct a reinvestigation within 10 years 
after the date of the previous criminal history background check under this section for 
each individual requiring access to federal tax information.
§2112.  Criminal history record information of providers of contract services
1.  Criminal history record information obtained from the Federal Bureau of 
Investigation.  The department shall obtain national criminal history record information 
from the Federal Bureau of Investigation for any individual who provides or is assigned 
to provide services to the department pursuant to an identified contract. For purposes of 
this section, "individual" means a person who is employed by any of the department's 
contractors or their subcontractors. For purposes of this section, "identified contract" 
means a contract that the department determines involves access or the substantial 
possibility of access to the department's information technology systems or to 
confidential taxpayer information.
2.  Fingerprinting.  An individual who provides or is assigned to provide services to 
the department pursuant to an identified contract must consent to having fingerprints 
taken for use in accordance with this section before the individual may provide services. 
The State Police shall take or cause to be taken the individual's fingerprints and shall 
forward the fingerprints to the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification so that the State Bureau of Identification can conduct state and 
national criminal history record checks for the department. The State Police may charge 
the department for the expenses incurred in processing state and national criminal history 
record checks. The full fee charged under this subsection must be deposited in a 
dedicated revenue account for the State Bureau of Identification with the purpose of 
paying costs associated with the maintenance and replacement of its criminal history 
record systems.
3.  Confidentiality.  All information obtained by the department pursuant to this 
section is confidential and is not a public record pursuant to Title 1, chapter 13.
4.  Access to criminal history record information.  The department shall provide an 
individual who provides fingerprints pursuant to this section with access to information 
obtained pursuant to this section, if requested, by providing a paper copy of the criminal 
history record information directly to the individual, but only after the department 
confirms that the individual is the subject of the record. The department shall publish 
guidance on requesting such information from the Federal Bureau of Investigation.
5.  Reinvestigation.  The department shall conduct a reinvestigation within 10 years 
after the date of the previous criminal history background check under this section for 
each individual requiring access to federal tax information.
6.  Application to other state agencies.  This section does not apply to services 
provided by another agency of the State.
§2113.  Authority to adopt rules or policies for background checks
1.  Authorization to establish rules for background checks.  The department may, 
pursuant to rules adopted by the department or pursuant to departmental policy, conduct 
background checks for each employee and prospective employee, and for each employee 
of a contractor or subcontractor, whose employment requires access to federal tax 
information. The background check must include criminal history record information 
obtained from the Department of Public Safety, Bureau of State Police, State Bureau of 
Identification and the Federal Bureau of Investigation.
A.  The criminal history record information obtained from the State Bureau of 
Identification pursuant to this section 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 pursuant to this section must include other state and national criminal 
history record information.
C.  A person subject to a background check pursuant to this section shall submit to 
having fingerprints taken.
D.  In addition to access to criminal history record information provided by the 
department to an applicant, employee or individual under section 2111, subsection 4 
and section 2112, subsection 4, the subject of a Federal Bureau of Investigation 
criminal history record check conducted pursuant to this section 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 conducted pursuant to this section may inspect and review the criminal 
history record information pursuant to Title 16, section 709.
E.  Information obtained pursuant to this section is confidential. The results of 
background checks received by the department are for official use only and may not 
be disseminated outside the department except in an administrative proceeding 
appealing or relating to a decision made by the department involving the background 
check or in a court proceeding.
2.  Rulemaking.  Rules adopted by the department pursuant to this section are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  25 MRSA §1542-A, sub-§1, ¶Q, as enacted by PL 2017, c. 457, §13, is 
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; or
Sec. 3.  25 MRSA §1542-A, sub-§1, ¶R, as enacted by PL 2017, c. 457, §13, is 
amended to read:
R.  Who is required to have a criminal background check under Title 22, section 
8302-A or 8302-B.; or
Sec. 4.  25 MRSA §1542-A, sub-§1, ¶S is enacted to read:
S.  Who is required to have a criminal background check under Title 19-A, section 
2111 or 2112.
Sec. 5.  25 MRSA §1542-A, sub-§3, ¶R 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 
Health and Human Services pursuant to Title 19-A, section 2111 or 2112.
Sec. 6.  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 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.  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 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 Health 
and Human Services.
SUMMARY
This bill amends the child support enforcement laws to implement background 
investigative checks for employees, prospective employees and contractors with access to 
federal tax information in compliance with the United States Internal Revenue Services' 
Publication 1075, which requires fingerprinting of all affected individuals. This bill 
amends provisions relating to the Department of Public Safety, Bureau of State Police, 
State Bureau of Identification that set forth the procedures for taking and processing 
fingerprints. This bill authorizes the department to adopt rules to conduct background 
checks.  This bill also corrects a conflict created by Public Law 2017, chapters 452 and 
457, which affected the same provision of law, by incorporating the changes made by 
both laws.