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: " Safety" the following: ' , State Bureau of Identification'
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:
‘Sec. 2. 25 MRSA §1542-A, sub-§1, ¶P, as enacted by PL 2017, c. 452, §25, is reallocated to 25 MRSA §1542-A, sub-§1, ¶S.
S. Who is required to have a criminal history record check under Title 22, section 2425-A, subsection 3-A. [PL 2017, c. 452, § 25 (NEW).]
Sec. 3. 25 MRSA §1542-A, sub-§1, ¶¶Q 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; or
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, ¶T 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Sec. 5. 25 MRSA §1542-A, sub-§3, ¶O, as enacted by PL 2017, c. 452, §26, is repealed.
Sec. 6. 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 Administrative and Financial Services under Title 22, section 2425-A, subsection 3-A.
Sec. 7. 25 MRSA §1542-A, sub-§3, ¶S is enacted to read:
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 247, 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:
Sec. 8. Appropriations and allocations. The following appropriations and allocations are made.
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 |
2019-20 |
2020-21 |
|
All Other
|
$784 |
$118 |
|
 |
|
| GENERAL FUND TOTAL |
$784 |
$118 |
| OTHER SPECIAL REVENUE FUNDS |
2019-20 |
2020-21 |
|
All Other
|
$1,216 |
$182 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL |
$1,216 |
$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.
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 fingerprints 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.