Resolve, To Study Streamlining the Background Check Process for State-licensed Professions That Require Background Checks
Maine Legislature, Session 130, LD 0758
Committee: Criminal Justice and Public Safety
Sponsors: McCREA, ARATA, BRYANT, O'NEIL, CHIPMAN, MIRAMANT

Legislative Document
No. 758
H.P. 563
House of Representatives, March 5, 2021
Resolve, To Study Streamlining the Background Check Process for 
State-licensed Professions That Require Background Checks
(EMERGENCY)
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREA of Fort Fairfield.
Cosponsored by Representatives: ARATA of New Gloucester, BRYANT of Windham, 
O'NEIL of Saco, Senators: CHIPMAN of Cumberland, MIRAMANT of Knox.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, currently a number of state departments and agencies require background 
checks for their employees and contractors; and
Whereas, most of these background checks are ultimately conducted by the 
Department of Public Safety, State Bureau of Identification, and the process of requiring 
and obtaining background checks is inconsistent and confusing; and
Whereas, it is imperative that this confusion be resolved as soon as possible to ensure 
that the purpose of the background checks, namely ensuring the proper security of 
employees and contractors, is realized; 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, be it
Sec. 1.  Background check study by State Bureau of Identification; 
definitions.  Resolved:  That the Department of Public Safety, State Bureau of 
Identification shall convene a study of the current system of background checks.
As used in this resolve, unless the context otherwise indicates, the following terms have 
the following meanings.
1. "Background check" means the taking of fingerprints and other criminal history 
record information by the bureau pertinent to the identification of individuals who have 
been arrested as fugitives from justice or who have been arrested or charged with any 
criminal offense under the laws of this State except a violation of the Maine Revised 
Statutes, Title 12 or 29-A that is a Class D or E crime other than an alcohol-related or drug-
related offense or individuals who have been taken into custody for juvenile crimes under 
a uniform interstate compact on juveniles or who have been arrested or charged with 
juvenile crimes under the laws of this State.
2. "Bureau" means the Department of Public Safety, State Bureau of Identification.
Sec. 2.  Membership.  Resolved:  That, in addition to an employee of the bureau 
involved with the conduct of background checks, the following shall participate in the study 
of background checks:
1.  The Commissioner of Education or the commissioner's designee;
2.  The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee;
3.  The Commissioner of Public Safety or the commissioner's designee; and
4.  The Commissioner of Health and Human Services or the commissioner's designee.
The bureau may invite the participation of any other person the bureau determines to 
be necessary to the success of the background check study.
Sec. 3.  Duties.  Resolved:  That the bureau shall study consolidating and 
centralizing as many state-required background checks required for employment or as 
contractors as possible, including background checks for teachers, state workers, persons 
seeking Maine guide licenses and persons hired as contractors, including the statutory 
requirements for background checks.
Sec. 4.   Report.  Resolved:  That, no later than December 1, 2021, the bureau shall 
submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 130th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve establishes the Background Check Consolidation Commission to study 
consolidating and centralizing as many state-required background checks required for 
employment as possible, including background checks for teachers, state workers and 
persons seeking Maine guide licenses.