An Act To Ensure Compliance with Federal Family First Prevention Services Legislation
Maine Legislature, Session 129, LD 1792
Committee Amendment CA_A_H611 (House)
Amends: 22 MRSA §8110, 25 MRSA §1542-A

COMMITTEE AMENDMENT "A" to H.P. 1274, L.D. 1792, Bill, "An Act To 
Ensure Compliance with Federal Family First Prevention Services Legislation" 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 22 MRSA §8110 is enacted to read: 
§8110. Criminal history record checks for employees of children's residential care 
facilities 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Federal Bureau of Investigation" means the United States Department of Justice, 
Federal Bureau oflnvestigation. 
B. "State Police" means the Department of Public Safety, Bureau of State Police. 
2. Criminal history; information about criminal records and data obtained. The 
department 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, 
established pursuant to Title 16. section 63 L and the Federal Bureau of Investigation, for 
any staff member of a children's residential care facility in order to comply with the 
federal family first prevention services legislation. For purposes of this section. "staff 
member" means an individual who is employed by. or has applied for and may be offered 
employment at. a children's residential care facility, including a contract employee or 
self-employed individual. whether or not the individual has direct contact with children. 
11Staff member
does not include a contractor performing maintenance or repairs at the 
children's residential care facility who does not have unsupervised access to children at 
the facility. 
3. Fingerprint-based criminal history obtained. A staff member shall consent to 
and have the staff member's fmgerprints taken. The State Police shall take or cause to be 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT'A"toH.P.1274,L.D.1792 
taken the fingemrints of a staff member who has consented under this subsection and 
shall forward the fingemrints to the Department of Public Safety so that the Department 
of Public Safety may conduct a state and national criminal history record check on the 
person. 
The Department of Public Safety shall forward the results obtained to the 
department. The State Police shall assess a fee set annually by the Department of Public 
Safety to be paid by the children's residential care facility or the staff member for each 
criminal history record check required to be performed under this section. Except for the 
portion of the payment that constitutes the processing fee charged by the Federal Bureau 
of Investigation, all money received by the 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 of Public Safety. 
4. Updates to information. The department may request a subsequent criminal 
history record check under subsection 3 on a staff member as the department determines 
appropriate, including continuous notifications of updated criminal history: record 
information if a service providing notifications of updated criminal history: record 
information becomes available. 
5. Confidentiality. Information obtained pursuant to this section is confidential and 
may not be disseminated for purposes other than as provided in subsections 6 and 7. 
6. Use of information obtained. Criminal history record information obtained 
pursuant to this section may be used by the department for employment purposes to 
screen a staff member. The subject of any criminal history record check under subsection 
may contest any negative decision made by the department based upon the information 
received pursuant to the criminal history record check. 
7. Person's access to information obtained. A person subject to a criminal history 
record check pursuant to subsection 3 must be notified each time a criminal history record 
check is performed on the person. A person subject to a criminal history record check 
under subsection 3 may inspect and review the criminal history record information 
pursuant to Title 16, section 709 and obtain federal information obtained pursuant to the 
criminal history record check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33. 
8. Right of subject to remove fingerprints from record. Upon request from a 
person subject to a criminal history record check pursuant to subsection 3, the 
Department of Public Safety shall remove the person's fingemrints from the Department 
of Public Safety's records and provide written confirmation of the removal to the person. 
Sec. 2. 25 MRSA §1542-A, sub-§1, ,ri>, as enacted by PL 2017, c. 452, §25 and 
c. 457, §13, is repealed and the following enacted in its place: 
P. Who is licensed under Title 32, chapter 36 and has applied for an expedited 
license under Title 32, section 18506; 
Sec. 3. 25 MRSA §1542-A, sub-§1, 11Q 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; er 
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COMMITTEEAMENDMENT'A"toH.P.1274,L.D.1792 
R. Who is required to have a criminal background check under Title 22, section 
8302-A or 8302-Br~ 
Sec. 4. 25 MRSA §1542-A, sub-§1, 11S and T are enacted to read: 
S. Who is required to have a criminal history record check under Title 22, section 
2425-A, subsection 3-A: or 
T. Who is required to have a criminal history record check under Title 22, section 
8110. 
Sec. 5. 25 MRSA §1542-A, sub-§3, 10, as enacted by PL 2017, c. 452, §26 and 
c. 457, § 15, is repealed and the following enacted in its place: 
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 of 
the expenses by that person as required by Title 32, section 2571-A. 
Sec. 6. 25 MRSA §1542-A, sub-§3, 1~ and S are 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. 
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 Department of 
Health and Human Services pursuant to Title 22. section 8110. 
Sec. 7. 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 For 
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 
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COMMITTEE AMENDMENT lt: "to H.P. 1274, L.D. 1792 
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 
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 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 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 Department of Health 
and Human Services.' 
SUMMARY 
This amendment strikes and replaces the bill to be consistent with criminal history 
record check practices. It incorporates provisions that address existing technical conflicts 
in the criminal history record check statutes. It also defines "staff member" to allow 
fingerprinting of applicants for employment as well as employees of children's residential 
care facilities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/10/19 :/b/'ae!. 
LD 1792 
LR 2318(02) 
An Act To Ensure Compliance with Federal Family First Prevention Services Legislation 
Fiscal Note for Bill as Amended by Committee Amendment A' 1/-(---h ( r) 
Committee: Health and Human Services 
l J 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services from the provisions of this bill are expected to 
be minor and can be absorbed within existing budgeted resources. 
Other Special Revenue Funds revenue to the Department of Public Safety will be increased by minor amounts not 
requiring any change to the budget. 
LR23 l 8(02) - Fiscal Note - Page 1 of 1