HP0207
LD 274		 Session - 128th Maine Legislature
C "B", Filing Number H-534, Sponsored by
LR 332
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 22 MRSA §8302-A, sub-§1, ¶G,  as amended by PL 2001, c. 645, §7, is repealed.

Sec. 2. 22 MRSA §8302-A, sub-§1, ¶J,  as enacted by PL 2015, c. 497, §2, is repealed and the following enacted in its place:

J.  Requiring a criminal background check pursuant to section 8302-C that meets the requirements of 42 United States Code, Section 9858f(b) for each child care staff member. For the purposes of this paragraph, "child care staff member" means an individual who:

(1) Is not related to all children for whom child care services are provided in a child care facility;

(2) Has access to children who are cared for or supervised by a child care facility while they are being cared for or supervised by the child care facility; and

(3) Is not under constant visual supervision of a person who has passed a criminal background check under this paragraph.

Sec. 3. 22 MRSA §8302-A, sub-§2, ¶I,  as amended by PL 2015, c. 497, §3, is further amended to read:

I. Procedures for waivers of rules and for suspension and revocation of certification; and

Sec. 4. 22 MRSA §8302-A, sub-§2, ¶J,  as amended by PL 2015, c. 497, §3, is repealed.

Sec. 5. 22 MRSA §8302-A, sub-§2, ¶K,  as enacted by PL 2015, c. 497, §3, is repealed and the following enacted in its place:

K.  Requiring a criminal background check pursuant to section 8302-C that meets the requirements of 42 United States Code, Section 9858f(b) for a family child care provider and each child care staff member. For the purposes of this paragraph, "child care staff member" means an individual who is 18 years of age or older and who resides in the home of a family child care provider, or an individual who:

(1) Is not related to all children for whom child care services are provided by a family child care provider;

(2) Has access to children cared for or supervised by a family child care provider while they are being cared for or supervised by the family child care provider; and

(3) Is not under constant visual supervision of a person who has passed a criminal background check under this paragraph.

Sec. 6. 22 MRSA §8302-A, sub-§3  is enacted to read:

3.  Payment for criminal background checks.   Fees for the criminal background checks required for a child care staff member pursuant to subsection 1, paragraph J and subsection 2, paragraph K must be paid by the department from the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. The fees for the criminal background checks reimbursed under this subsection may not exceed the actual costs for processing and administration.

Sec. 7. 22 MRSA §8302-B, sub-§1,  as enacted by PL 1997, c. 494, §11 and affected by §15, is repealed and the following enacted in its place:

1.  Investigation.   A person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds must pass a criminal background check pursuant to section 8302-C that meets the requirements of 42 United States Code, Section 9858f(b).

Sec. 8. 22 MRSA §8302-C  is enacted to read:

§ 8302-C.  Investigation

A child care provider and any child care staff member subject to a criminal background check pursuant to sections 8302-A and 8302-B must pass a background check conducted in accordance with this section and rules adopted by the department under section 8302-A. As used in this section, "child care provider" means a person who provides child care in a child care facility, a family child care provider and a person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds. As used in this section, "child care staff member" has the same meaning as described in section 8302-A, subsection 1, paragraph J and subsection 2, paragraph K.

1.  Investigation.   In accordance with the rules adopted by the department, the department shall request a criminal background check for a child care provider and child care staff members of the child care provider. The criminal background check must include criminal history record information obtained from the Maine Criminal Justice Information System and the Federal Bureau of Investigation. The following provisions apply.
A.  The criminal history record information obtained from the Maine Criminal Justice Information System 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 must include other state and national criminal history record information.
C.  A person subject to a criminal background check under this section shall submit to having fingerprints taken. The State Police, upon payment of the fee, shall take or cause to be taken the person's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the State Police for purposes of this paragraph must be paid over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety.
D.  The subject of a Federal Bureau of Investigation criminal history record check 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 may inspect and review the criminal history record information pursuant to Title 16, section 709.
E.  State and federal criminal history record information may be used by the department for the purpose of screening a child care provider or child care staff member in accordance with this chapter.
F.  Information obtained pursuant to this subsection is confidential. The results of criminal background checks received by the department are for official use only and may not be disseminated to any other person or entity.
G.  If a person is no longer subject to this chapter that person may request in writing that the State Bureau of Identification remove the person's fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the person's fingerprints from the fingerprint file and provide written confirmation of that removal.

The department, with the State Bureau of Identification, shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

2.  Waiver.   A child care provider required to pass a criminal background check or to have child care staff members pass a criminal background check pursuant to sections 8302-A and 8302-B may request a temporary waiver from the department from the criminal background check requirements. The department may grant a waiver when this requirement presents a hardship for the child care provider for reasons that include but are not limited to an inability to meet other licensing requirements because of medical reasons or because of a delay in processing the criminal background check. The department shall adopt routine technical rules as defined by Title 5, chapter 375, subchapter 2-A to implement the provisions of this subsection. The rules must minimize the impact of the temporary waiver on the safety of the children receiving child care services.

Sec. 9. 25 MRSA §1542-A, sub-§1, ¶¶K and L,  as enacted by PL 2015, c. 300, Pt. B, §3, are amended to read:

K. Who has applied for employment with the Department of Administrative and Financial Services, Bureau of Revenue Services, Office of Tax Policy and whose fingerprints have been required by the Associate Commissioner for Tax Policy pursuant to Title 36, section 194-B; or
L. Who is assigned to provide services to the Department of Administrative and Financial Services, Bureau of Revenue Services pursuant to a contract or subcontract for services to the bureau and whose fingerprints have been required by the State Tax Assessor pursuant to Title 36, section 194-C . ; or

Sec. 10. 25 MRSA §1542-A, sub-§1, ¶M  is enacted to read:

M.  Who is required to have a criminal background check under Title 22, section 8302-A or 8302-B.

Sec. 11. 25 MRSA §1542-A, sub-§3, ¶L  is enacted to read:

L.  The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph M at the request of that person or the Department of Health and Human Services under Title 22, section 8302-A or 8302-B.

Sec. 12. 25 MRSA §1542-A, sub-§4,  as amended by PL 2015, c. 300, Pt. B, §5, is further amended to read:

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, Bureau of Revenue Services. Fingerprints taken pursuant to subsection 1, paragraph M 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.

Sec. 13. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Child Care Services 0563

Initiative: Provides allocations to pay background check fees for child care providers.

FEDERAL BLOCK GRANT FUND 2017-18 2018-19
All Other
 $540,000 $216,000
inline graphic sline.gif inline graphic sline.gif
FEDERAL BLOCK GRANT FUND TOTAL $540,000 $216,000

Division of Licensing and Regulatory Services Z036

Initiative: Provides allocations for 2 Identification Specialist II positions to handle additional work from the increase in background checks.

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19
POSITIONS - LEGISLATIVE COUNT
 2.000 2.000
Personal Services
 $121,078 $124,394
All Other
 $17,033 $17,144
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $138,111 $141,538

Office of Child and Family Services - District 0452

Initiative: Provides appropriations and allocations for one Office Associate II Supervisor position to handle additional work from the increase in background checks.

GENERAL FUND 2017-18 2018-19
POSITIONS - LEGISLATIVE COUNT
 1.000 1.000
Personal Services
 $51,139 $52,885
All Other
 $5,155 $5,155
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $56,294 $58,040

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19
Personal Services
 $11,226 $11,609
All Other
 $1,543 $1,556
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $12,769 $13,165

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
DEPARTMENT TOTALS 2017-18 2018-19
GENERAL FUND
 $56,294 $58,040
OTHER SPECIAL REVENUE FUNDS
 $150,880 $154,703
FEDERAL BLOCK GRANT FUND
 $540,000 $216,000
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $747,174 $428,743

PUBLIC SAFETY, DEPARTMENT OF

State Police 0291

Initiative: Provides funding for one Identification Specialist II position and related costs to process additional fingerprint checks.

GENERAL FUND 2017-18 2018-19
POSITIONS - LEGISLATIVE COUNT
 1.000 1.000
Personal Services
 $40,908 $42,135
All Other
 $2,107 $2,107
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $43,015 $44,242

HIGHWAY FUND 2017-18 2018-19
Personal Services
 $22,027 $22,688
All Other
 $1,550 $1,562
inline graphic sline.gif inline graphic sline.gif
HIGHWAY FUND TOTAL $23,577 $24,250

OTHER SPECIAL REVENUE FUNDS 2017-18 2018-19
All Other
 $188,313 $75,325
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $188,313 $75,325

PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS 2017-18 2018-19
GENERAL FUND
 $43,015 $44,242
HIGHWAY FUND
 $23,577 $24,250
OTHER SPECIAL REVENUE FUNDS
 $188,313 $75,325
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $254,905 $143,817

SECTION TOTALS 2017-18 2018-19
GENERAL FUND
 $99,309 $102,282
HIGHWAY FUND
 $23,577 $24,250
OTHER SPECIAL REVENUE FUNDS
 $339,193 $230,028
FEDERAL BLOCK GRANT FUND
 $540,000 $216,000
inline graphic sline.gif inline graphic sline.gif
SECTION TOTAL - ALL FUNDS $1,002,079 $572,560
’

summary

This amendment, which is one of 2 minority reports of the committee, provides that an individual who is not supervised by a child care staff member of a family child care provider or child care facility who has passed the required criminal background check under the Maine Revised Statutes, Title 22, sections 8302-A and 8302-B and who has access to children who are cared for or supervised by a child care facility or family child care provider is required to pass a criminal background check pursuant to 42 United States Code, Section 9858f(b). It also provides that a person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds is required to pass a criminal background check pursuant to 42 United States Code, Section 9858f(b). It provides that the cost of the required criminal background checks under Title 22, sections 8302-A and 8302-B be paid for by the Department of Health and Human Services from the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. It grants the Department of Health and Human Services the authority to request state and national criminal history information, including fingerprint-based criminal history information, for certain child care providers and staff members. It establishes a temporary waiver process when the background check requirement presents a hardship for the child care provider. The rules adopted by the department must minimize the impact of the temporary waiver on the safety of the children receiving child care services. This amendment adds an appropriations and allocations section.

FISCAL NOTE REQUIRED
(See attached)

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