An Act to Amend the Laws Governing Licensing of Payroll Processors
Maine Legislature, Session 131, LD 2110
Committee: Health Coverage, Insurance and Financial Services
Sponsors: TIMBERLAKE
Amends: 10 MRSA §1495-D

Legislative Document
No. 2110
S.P. 903
In Senate, January 3, 2024
An Act to Amend the Laws Governing Licensing of Payroll 
Processors
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TIMBERLAKE of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §1495-D, sub-§1-A, as enacted by PL 2021, c. 245, Pt. D, §9, is 
amended to read:
1-A.  License requirements; fees.  The administrator may require licensing under this 
section through the nationwide mortgage licensing system and registry as defined in Title 
9‑A, section 13‑102, subsection 8. The administrator is authorized to participate in the 
nationwide mortgage licensing system and registry. The administrator may establish, by 
rule, requirements for licensing, including but not limited to:
In all cases, whether licensing is through the nationwide mortgage licensing system and 
registry or otherwise, the administrator may establish, by rule, requirements for licensing, 
including but not limited to:
A.  Background checks for:
(1)  Criminal history through fingerprint or other databases;
(2)  Civil or administrative records;
(3)  Credit history; or
(4)  Any other information determined necessary by the nationwide mortgage 
licensing system and registry;
B.  The payment of fees to apply for or renew licenses, except that the fee for an initial 
application may not exceed $1,200 and for a renewal may not exceed $1,200. If 
licensing is through the nationwide mortgage licensing system and registry, an 
applicant must also pay a nationwide mortgage licensing system and registry 
processing fee in an amount to be determined by the administrators of the nationwide 
mortgage licensing system and registry. Renewal applications received after the due 
date are subject to an additional fee of $100;
C.  The setting or resetting as necessary of renewal or reporting dates; and
D.  Other requirements for application for, amendment of or revocation of a license or 
any other such activities as the administrator considers necessary, except that the 
administrator may not require licensing through the nationwide mortgage licensing 
system and registry as defined by Title 9-A, section 13-102, subsection 8.
The aggregate of license fees and other fees and assessments provided for by this chapter 
is appropriated for the use of the administrator. Any balance of these funds does not lapse 
but must be carried forward to be expended for the same purpose in the following fiscal 
year.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2‑A.
SUMMARY
This bill removes the authority of the Superintendent of Consumer Credit Protection 
and Superintendent of Financial Institutions within the Department of Professional and 
Financial Regulation, referred to in the laws governing payroll processors as "the 
administrator," to require licensing of payroll processors through the nationwide mortgage 
licensing system and registry. This bill also repeals the provision of law that grants specific 
authority to the administrator to establish, by rulemaking, requirements that certain 
background checks be required to obtain a payroll processor license. However, the bill does 
not remove the general authority of the administrator to adopt rules establishing 
requirements for licensing of payroll processors.